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HomeMy WebLinkAbout2008/11/25 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office olthe City Clerk and that I posted this document on the bulletin board according lP, r , Brown Act requirements. ~ '\ 1 f ~ .- -0 Signed~~ ~~~~ CITY Of CHULA VISTA /iy Cheryl Cox, Mayor/Chair Rudy Ramirez, Council/Agency Member ScottTulloch, lnterim City ManagerlExecut.ive Director John McCann, Council/Agency Member Bart Miesfeld, Interim City Attorney/Agency Counsel Jerry R_ Rindone, Council/Agency Member Donna Norris, City Clerk Steve Castaneda, Council/Agency Member REGULAR MEETING OF THE CITY COUNCIL AND SPECIAL MEETING OF THE REDEVELOPMENT AGENCY November 25,2008 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers/Agency Members: Castaneda, McCann, Ramirez, Rindone, and Mayor/Chair Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Carol Nottley to the Commission on Aging . PRESENTATION BY MAYOR COX OF A PROCLAMATION RECOGNIZING CITY VOLUNTEERS PETER WATRY, FRANK ROSEMAN AND JOHN WILLETT FOR THEIR SERVICES TO THE COMMUNITY . PRESENTATION OF A CHECK BY GREG HULSIZER ON BEHALF OF SOUTH BAY EXPRESSWAY IN THE AMOUNT OF $30,000 TO MAYOR CHERYL COX ON BEHALF OF ENDOW CHULA VISTA, IN CELEBRATION OF SOUTH BAY EXPRESSWAY'S 1ST BIRTHDAY ON NOVEMBER 19, 2008 (SOUTHBAY EXPRESSWAY HAD DONATED $1.00 FROM EVERY TRIP TO ENDOW CHULA VISTA) . PRESENTATION BY NATURE CENTER STAFF ON THE STUDENTS FROM AROUND THE GLOBE PARTICIPATION IN THE 7TH ANNUAL WORLD WATER MONITORING DAY ACTIVITIES IN CHULA VISTA . PRESENTATION BY THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT ON ITS COMMUNITY-FOCUSED ENVIRONMENTAL OUTREACH PROGRAMS Page 1 - Council Agenda htto:llwww.chulavistaca.!wv November 25, 2008 CONSENT CALENDAR - City Council and Redevelopment Agency (Items 1-5) - City Council and (Item 6) - Redevelopment Agency The Council/Agency will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember/Agency Member, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1 APPROVAL OF MINUTES of September 23,2008. Staff recommendation: Council approve the minutes. 1 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $19,153 IN THE 2009 ENERGY CONSERVATION FUND FROM "SUPPLIES & SERVICES" TO THE "OTHER EXPENSES" BUDGET CATEGORY TO PROVIDE ADDITIONAL FUNDING FOR THE SUSTAINABLE COMMUNITIES OUTREACH PROGRAM (4/5THS VOTE REQUIRED) The Chula VistalSDG&E Energy Efficiency Partnership provides funding for energy services to local residents, businesses and City operations that reduce the amount of electricity and natural gas consumed and lower monthly utility costs. The budget amendment request will transfer $19,153 from the "Supplies & Services" budget category to the "Other Expenses" category to provide additional funding for the Sustainable Communities Outreach Program. The fund transfer will allow the City to continue its efforts to expand energy efficiency opportunities in the community. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the resolution. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $44,380 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE OAKWOOD DEVELOPMENT, INe. (4/5THS VOTE REQUIRED) Oakwood Development, Inc. has paid fees to satisfy certain permit fees for its Village 7 Monte Sereno Phase 3B project. Oakwood Development, Inc. is now requesting a refund of said fees. (City EngineerlEngineering Director) Staff recommendation: Council adopt the resolution. 3. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LOCAL AGENCY-STATE AGREEMENT FOR BICYCLE TRANSPORTATION ACCOUNT PROJECT (LOCAL AGENCY - STATE AGREEMENT) TO PROVIDE BICYCLE AMENITIES FOR COMMUTERS Page 2 - Jt. CC/RDA Agenda htto:/ /www.chulavlstaca.Q:ov November 25,2008 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRlATING BICYCLE TRANSPORTATION ACCOUNT (BTA) FUNDS FOR FISCAL YEAR 2008/2009 IN THE AMOUNT OF $135,630, AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $15,070 ($11,000 FROM TRAFFIC SIGNAL FEE FUND, $2,750 FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA) FUND, AND $1,320 FROM TRANSNET FUNDS) TO CIP PROJECT TF369, THREE PART BICYCLE FACILITIES IMPROVEMENT; AND AMENDING THE FISCAL YEAR 2008/2009 CIP PROGRAM (4/5THS VOTE REQUIRED) The City has received a $135,630 Bicycle Transportation Account (BTA) grant from the California Department of Transportation for Fiscal Year 2008/2009. The BTA grant provides for Citywide bicycle amenities such as replacement of bus-mounted bike racks, roadway signage for bicycle facilities and traffic signal video detection units in order to encourage alternative modes of transportation. Sufficient funds are available to meet the grant's local match reimbursement of 10% or $15,070. (City EngineerlEngineering Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $3,900 IN DONATIONS FROM THE WAL-MART FOUNDATION, AT&T, THE OTAY LAND COMPANY, LLC, AND PACIFIC TRUST BANK AND AMENDING THE FISCAL YEAR 2008/2009 RECREATION DEPARTMENT BUDGET BY APPROPRlATING $3,9000 IN UNANTICIPATED REVENUE FROM THE DONATIONS (4/5THS VOTE REQUIRED) The Recreation Department has received a total of $3,900 in donations from W AL- MART Foundation ($2,000), AT&T ($1,200), Otay Land Company LLC ($500) and Pacific Trust Bank ($200) specifically designated to offset costs of the Department's recreational programming for youth at Lorna Verde and Otay Recreation Centers. Adoption of the resolution accepts and appropriates these funds to the Recreation Department budget. (Recreation & Nature Center Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET BY APPROPRIATING $19,293 FROM THE A V AILABLE FUND BALANCE IN THE GENERAL FUND TO THE RECREATION DEPARTMENT BUDGET FOR SPORTS CAMPS PROGRAM EXPENDITURES AND APPROPRlATING $36,000 IN UNANTICIPATED, PROJECTED REVENUES TO THE RECREATION DEPARTMENT BUDGET (4/5THS VOTE REQUIRED) Salt Creek Recreation Center will be offering new basketball, volleyball and indoor soccer sports camps for youth ages 8-14 during Chula Vista Elementary School District and Sweetwater Union High School District school intersession breaks during March, April and June of 2009. Requested funding will cover personnel, supplies and services costs of the programs offset by registration fees charged to participants. (Recreation & Nature Center Director) Page 3 - Jt. CC/RDA Agenda htto:/ /www.chulavistaca.lwv November 25, 2008 Staff recommendation: Council adopt the resolution. Redevelopment Agency 6. A. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY ACCEPTING A $400,000 COMMUNITY-WIDE BROWNFIELDS ASSESSMENT GRANT FROM US EPA FOR SOUTHWEST CHULA VISTA; AND AMENDING THE FISCAL YEAR 2009 REDEVELOPMENT AGENCY BUDGET AND APPROPRIATING $175,000 OF EPA GRANT FUNDS FOR BROWNFIELDS ASSESSMENT ACTIVITIES (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY APPROVING A TWO-PARTY AGREEMENT FOR PROFESSIONAL SERVICES WITH SCS ENGINEERS TO ASSIST IN THE IMPLEMENTATION OF THE FIRST STAGE OF THE US EPA COMMUNITY-WIDE BROWNFIELDS ASSESSMENT GRANT AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT The Chula Vista Redevelopment Agency has been selected by the US EP A to receive $400,000 in grant funds to inventory, characterize, assess, and plan for the cleanup and redevelopment of contaminated properties known as "brownfields" sites in Southwest Chula Vista. Grant funds will facilitate the creation and marketing of a brownfields program and provide free brownfields services to property and business owners in the area. The services will assist owners in addressing environmental roadblocks that may be hindering business growth and expansion or improved uses of their properties. (Redevelopment & Housing Assistant Director) Staff recommendation: Council adopt the resolutions. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Agency on any subject matter within the Council/Agency's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council/Agency from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency 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. Page 4 - Jt. CClRDA Agenda htto:1 IV\'WW. chula vistaca. gOY November 25,2008 7. CONSIDERATION FOR WAIVING DEFECTS IN THE BID RECEIVED FOR THE "SEWER REHABILITATION PROGRAM-PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007/2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (SW250B)" PROJECT PER CITY CHARTER SECTION 1009 On October 15, 2008, the Director of Engineering received three sealed bids for the "Sewer Rehabilitation Program - Phase 2, Fiscal Year 2005/2006 to Fiscal Year 2007/2008 various locations in the City of Chula Vista (SW250B)" project. The project will replace existing broken sewer mains and laterals, repair cracked sewer lines, and replace asphalt concrete pavement in various locations throughout the City. (City Engineer/Engineering Director, Public Works Director) Staff recommendation: Council conduce the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING DEFECTS IN THE BID, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SEWER REHABILITATION PROGRAM-PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007/2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (SW250B)" PROJECT TO BURTECH PIPELINE, INC. IN THE AMOUNT OF $574,176.50 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF AVAILABLE SEWER FACILITY REPLACEMENT FUNDS INTO "SEWER REHABILITATION PROGRAM - PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007 /2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (SW250B)" 8. CONSIDERATION FOR AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN TO ALLOCATE $452,936 OF HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS AND $2,830,072 OF COMMUNITY BLOCK GRANT/NEIGHBORHOOD STABILIZATION FUNDS The purpose of the public hearing is to solicit public input on the proposed amendment to the 2008/2009 HUD Annual Action Plan to allocate new Neighborhood Stabilization Program funds established by Title III of the Housing and Economic Recovery Act of 2008 to various activities and $452,936 of existing prior year HOME entitlement funds to the pilot homeownership program for real estate owned properties. This item was continued from the November 18, 2008 meeting. (Redevelopment & Housing Assistant Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: Page 5 - Jt. CCIRDA Agenda htto:/ /www.chulavistaca.gov November 25, 2008 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE NORTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE SOUTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE EAST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE A.."\TNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ALLOCATING $452,936 OF HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS TO THE PILOT HOMEOWNERS HIP PROGRAM FOR REAL ESTATE OWNED PROPERTIES 9. CONSIDERATION OF PRESENTATION OF THE 2007/2008 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) AND SOLICITATION OF PUBLIC INPUT ON THE FUNDING PRIORITIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), THE HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) FOR THE 2009/2010 PROGRAM The purpose of the public hearing is to provide the public with a year-end performance report for the City's HUD grant programs (CDBG, HOME and ESG), as well as to solicit public input on the needs of the community for the coming grant year (2009/2010). This item was continued from the November 18, 2008 meeting. (Redevelopment & Housing Assistant Director) Staff recommendation: Council conduct the public hearing and solicit input from the community. Page 6 - Jt. CCIRDA Agenda htto :/lw'Ww .chula vistaca. gOY November 25, 2008 ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council/Agency and are expected to elicit discussion and deliberation. 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 FOR ADOPTION OF THE 2009 LEGISLATIVE PROGRAM The purpose of the City ofChula Vista's Legislative Program is to provide City staff with guidelines and broad policy direction on how to respond to legislative proposals initiated in Sacramento and Washington DC. It also indicates the City Council's priorities on those matters that should receive the greatest amount of staff time and attention throughout the course of the legislative season. The City's Legislative Program is reviewed and updated in each year in accordance with Council Policy (300-01). (City Manager) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2009 LEGISLATIVE PROGRAM II. CONSIDERATION OF PRESENTATIONS BY PROPONENTS AND OPPONENTS REGARDING THE APPLICATION BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO CONSTRUCT THE SUNRISE POWERLINK TRANSMISSION PROJECT Representatives of the proponents and opponents of the Sunrise PowerIink have been invited to present information on the proposed transmission project. Staff has requested that the representatives limit any formal remarks and/or presentations to approximately 10 minutes and that they be prepared to answer any questions the CounciImembers may have regarding the project. (Conservation and Environmental Services Director) Staff recommendation: Council consider the presentations and determine if they wish to take a position on the project. OTHER BUSINESS 12. INTERIM CITY MANAGERJEXECUTIVE DIRECTOR'S REPORTS 13. MA YORJCHAIR'S REPORTS Ratification of the appointment of Christopher Shilling to the Board of Ethics. 14. COUNCIL/AGENCY MEMBERS' COMMENTS Page 7 - 1t. CCIRDA Agenda http://www .ch ula vistaca. gOY ~ovember 25,2008 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). 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): One case 16. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Edward Van Eenoo, Leah Browder . Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups 17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: Title: City Manager 18. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: Title: City Attorney 19. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: Title: City Attorney ADJOURNMENT to a Special Meeting on December 2, 2008 at 6:00 p.m. in the Council Chambers. Materials provided to the City Council/Redevelopment Agency related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. 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) 691-5041 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 8 - 11. CC/RDA Agenda htto:/lwww.chulavistaca.llov November 25, 2008 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 23, 2008 6:00 P.M. A Regular meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Assistant City Manager Tulloch, Interim City Attorney MiesfeId, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO TI-IE FL.AG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING MR. JAMES M. GALLIHER AS THE 2008 VETERAN OF THE YEAR Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Mr. Galliher. Councilmember McCann congratulated Mr. Galliher and thanked him for his service to the Country. CONSENT CALENDAR (Items] through I]) Items 4 and 6 were removed from the Consent Calendar for discussion by members of the public; and Items 5, 8, ] 0, and 11, were removed from the Consent Calendar for Council discussion. Deputy Mayor Rindone stated that he would abstain from voting on the minutes ofJuly 22,2008. Councilmember Castaneda stated that he would abstain from voting on Items 3 and 4. 1. APPROVAL OF MINUTES of July 22 and July 23, 2008. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2008-217, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-IULA VISTA AMENDING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE AND DESIGNATING FILERS FOR PURPOSES OF ABI234 Page 1 - Council Minutes September 23, 2008 I-I DRAFT CONSENT CALENDAR (Continued) The Political Reform Act requires every local agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be amended. The proposed Resolution adopts an amended appendix to the City's Conflict of Interest Code, listing the officials and designated employees of the City who are required to file periodic statements of economic interest and the disclosure categories under which each such official and designated employee is required to file. (Interim City Attorney/Interim City Clerk) Staff recommendation: Council adopt the resolution. 3.A. RESOLUTION NO. 2008-218, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE CIVIC CENTER LIBRARY CHILLER PLANT TURBOCOR RETROFIT PROJECT IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. GG202B) TO EMCOR SERVICES, INC.lMESA ENERGY SYSTEM, INC. B. RESOLUTION NO. 2008-219, RESOLUTION OF TI-IE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORlZING THE APPROPRIATION OF ANY SDG&E REBA TE FUNDS AND/OR UNUSED CONTINGENCIES IN THE CIVIC CENTER LIBRARY CHILLER PLANT TURBOCOR RETROFIT PROJECT (CIP NO. GG202B) TO CAPlT AL IMPROVEMENT PROJECT NO. GG 195 (4/5THS VOTE REQUIRED) Since the summer of 2006, the chiller plant at the Civic Center Library has been experiencing equipment shutdowns and failures on a regular basis. The system was checked for all the normal problems that could be associated with the alarms and system shutdovms that were experienced. The chiller plant was identified for an energy upgrade and retrofit as part of the City of Chula Vista's Phase] Loan agreement with SDG&E and the California Energy Commission. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolutions. 4. Item 4 was removed from the Consent Calendar. 5. Item 5 was removed from the Consent Calendar. 6. Item 6 was removed from the Consent Calendar. 7. RESOLUTION NO. 2008-227, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-JULA VISTA ACCEPTING $805,971 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRlA TING SAID FUNDS TO THE POLICE GRANT FUND FOR OPERA nON STONEGARDEN (4/5TI-1S VOTE REQUIRED) Page 2 - Council Minutes September 23, 2008 /--<.. DRAFT CONSENT CALENDAR (Continued) Since the events of September] 1, 200], the interception of terrorists and their weapons attempting entry across the nation's borders has become the priority mission of the U.S. Depmtment of Homeland Security. Grant funding via "Operation Stonegarden" has been awarded to the San Diego County region to facilitate regional partnerships and enhance border enforcement capabilities. In coordination with the U.S. Customs and Border Protection and grant administration by the County of San Diego, the Police Dep31tment has been allocated $805,971. (Police Chief) Staff recommendation: Council adopt the resolution. 8. Item 8 was removed from the Consent Calendar. . 9. RESOLUTION NO. 2008-229, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $623,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE "OPERATION CRACK DOWN ON ILLEGAL STREET RACING" PROJECT, ADDING ONE POLICE AGENT TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Police Department has been awarded grant funding from the Califomia Office of Traffic Safety to positively address the escalating mortality associated with San Diego illegal street racing involved crashes. "Operation Crack Down on Illegal Street Racing" is an inter-agency law enforcement task force represented by members from 12 San Diego law enforcement agencies, with a Police Agent and an hourly/part-time Public Safety Analyst coordinating the regional efforts. (Police Chief) Staff recommendation: Council adopt the resolution. 10. Item 10 was removed from the Consent Calendar. 11. Item] 1 was removed from the Consent Calendar. ACTION: Mayor Cox moved to approve staffs recommendations and adopt the balance of the Consent Calendar, Items 1,2,3,7, and 9. Deputy Mayor Rindone seconded the motion and it carried 5-0, except Item 1 (the minutes of July 22, 2008), which carried 4-0-1 ,with Deputy Mayor Rindone abstaining, and Item 3, which carried 4-0-1, with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2008-220, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE POLICE DEPARTMENT VARIABLE SPEED LOOP PLANT RETROFIT PROJECT IN THE CITY OF CHULA VISTA, CALIFORNIA (CII' NO. GG202D) TO ALPHA MECHANICAL SERVICES, INe. Page 3 - Council Minutes September 23, 2008 /~ DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) The Police Depmtment facility chiller plant was identified for an energy upgrade and retrofit as part of the City of Chula Vista's Phase I Loan agreement with SDG&E and the California Energy Commission. Adoption of the resolution would award a contract to Alpha Mechanical Services, Inc. to retrofit the chiller plant at the Police Department. It is anticipated the retrofit will increase energy savings wand will bring the chiller in conformance with energy savings guidelines and standards. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. Mayor Cox noted that the speaker slip submitted for Item 4 was intended for Item 5. ACTION: Mayor Cox moved to approve staffs recommendation and offered Resolution No. 2008-220, heading read, text waived. Deputy Mayor Rindone seconded the motion and it carried 4-0-1, with Co unci Imember Castaneda abstaining. 5A RESOLUTION NO. 2008-221, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WALKSANDIEGO IN THE AMOUNT OF $194,310 TO ANAL YZE WALKABILITY SURROUNDING ALL PUBLIC ELEMENTARY SCHOOLS WITHIN TI-IE CITY OF CHULA VISTA EXCEPT ALLEN SCHOOL, CHULA VISTA HILLS, HALECREST, HILLTOP, LAUDERBACH, MONTGOMERY, SALT CREEK, AND VISTA SQUARE ELEMENTARY SCHOOLS B. RESOLUTION NO. 2008-222, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WALKSANDIEGO IN THE AMOUNT OF $194,310 TO ANALYZE W ALKABILITY SURROUNDING LAUD ERBACH AND MONTGOMERY ELEMENTARY SCHOOLS C. RESOLUTION NO. 2008-223, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WALKSANDIEGO IN THE AMOUNT OF $194,310 TO ANALYZE WALKABILITY SURROUNDING ALLEN SCHOOL, CHULA VISTA HILLS, AND SALT CREEK ELEMENTARY SCHOOLS D. RESOLUTION NO. 2008-224, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-IULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WALKSANDIEGO IN THE AMOUNT OF $194,310 TO ANALYZE WALKABILITY SURROUNDING HILLTOP AND VISTA SQUARE ELEMENTARY SCHOOLS E. RESOLUTION NO. 2008-225, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WALKSANDIEGO IN THE AMOUNT OF $194,310 TO ANALYZE WALKABILITY SURROUNDING HALECREST ELEMENTARY SCHOOL Page 4 - Council Minutes September 23, 2008 1-4 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) In 2006, City staff applied for a Community-Based Transportation Planning Grant to fund 36 walking audits around elementary schools within the City. The walking audits would gather resident opinions and desires for pedestrian-related improvements within their neighborhoods and would be facilitated by WalkSanDiego, a local grassroots, non- profit organization focused on improving walkability throughout the region. (City Engineer/Engineering Director) Staffrecommendation: Council adopt the resolutions. It was noted that Council members would abstain from voting on the following items: Councilmember Ramirez - Item 5B, Council member McCann - Item 5C, Councilmember Castaneda - Item 5D, and Mayor Cox - Item 5E. Kevin O'Neill!, Chula Vista resident, spoke in opposition to expenditure of the funds for a walk- ability study, stating that it was a waste of money with no positive results. City Engineer Hopkins clarified that the proposed study was largely the result of public outcry about inadequate infrastructure and associated safety concerns. He explained that the goal of the project was to quantify and identify the greatest needs for walkability and to secure the grants. ACTION: Councilmember Castaneda moved to approve staff's recommendation and offered Resolution No. 2008-221, heading read, text read. Councilmember Ramirez seconded the motion and it carried 5-0. Councilmember Castaneda requested clarification from staff about the Decision Maker Conflict portion of the staff reports, and he proposed that the matter be scheduled for discussion at a future Council Meeting to ensure accuracy about the location of Council members' property. ACTION: ACTION: ACTION: ACTION: Councilmember McCann moved to approve staffs recommendation and offered Resolution No. 2008-222, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Councilmember Ramirez abstaining. Deputy Mayor Rindone moved to approve staffs recommendation and offered Resolution No. 2008-223, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Councilmember McCann abstaining. Deputy Mayor Rindone moved to approve staff's recommendation and offered Resolution No. 2008-224, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0-1, with Councihnember Castaneda abstaining. Conncilmember Castaneda moved to approve staff's recommendation and offered Resolution No. 2008-225, heading read, text waived. Councilmember McCann seconded the motion and it carried 4-0-1, with Mayor Cox abstaining. Page 5 - Council Minutes September 23, 2008 /-5" DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 6. RESOLUT10N NO. 2008-226, RESOLUTION OF THE CJTY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF PRINTER TONER CARTRIDGES FROM CORPORATE EXPRESS IMAGING AND COMPUTER GRAPHIC SUPPLIES AND SERVICE AND THE PURCHASE OF SERVICE AND MAINTENANCE OF CITY PRINTERS FROM MWB BUSINESS SYSTEMS IN ACCORDANCE WITH TERMS AND CONDJTIONS OF CITY OF CHULA VISTA REQUEST FOR PROPOSAL 12-07/08REVl FOR A ONE-YEAR TERM BEGINNING OCTOBER I, 2008 AND ENDING SEPTEMBER 30, 2009, AND AUTHORIZING THE PURCHASING AGENT TO APPROVE F1VE ONE-YEAR EXTENSIONS OF THE TERM THROUGH SEPTEMBER 30, 2014 A request for proposal for printer toner cartridges and service and maintenance of printers was advertised and posted electronically. The objective was to contract with vendors who could provide quality customer service and the best competitive pricing. Adoption of the resolution authorizes the award of the printer toner cartridge contract to Corporate Express, and the service and maintenance of printers to MWB Business Systems. (Finance Director) Staff recommendation: Council adopt the resolution. Bob Thomas, Chula Vista resident, asked the Council to ensure that bids awarded were the best value for the City, not just the lowest bid, including costs incurred when lowest bid awardees went out of business. He also cautioned the Council about entering into long-teml contracts. Purchasing Agent Brooks responded to the comments by Mr. Thomas, stating that the proposed contract would be in the best interests of the City. She stated that the City has had a long-term relationship with the proposed contract awardees. She further clarified that the contract would be for one year, with firm pricing, and would include the option to renew for five one-year periods. ACTION: Deputy Mayor Rindone moved to approve staffs recommendation and offered Resolution No. 2008-226, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 5-0. 8. RESOLUTION NO. 2008-228, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $525,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE DUI PROSECUTION AND AWARENESS PROGRAM (4/5THS VOTE REQUIRED) The Police Department has been awarded grant funding from the Califomia Office of Traffic Safety to develop a program focused on thc vertical prosecution of traffic related cases including DUI offenders, hit and run collisions and injury/fatal collisions. This program will also involve a regional collaboration of local agencies conducting DUl/driver license checkpoints and saturation patrols with the goal of reducing the number of alcohol-involved collisions in the South Bay region. (Police Chief) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes September 23, 2008 /-/p DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Councilmember Ramirez spoke about a portion of the grant funding that would go towards prosecutor fees, and asked staff whether or not prosecutor fees should be the responsibility of the District Attorney's OHice. Police Chief Emerson responded that in this particular case, the City was partnering with the District Attorney's Office to ensure prosecution at a higher level. Furthermore, he stated the grant would include overtime for Police Department employees who work DUI enforcement. ACTION: Councilmember Ramirez moved to approve staffs recommendation and offered Resolution No. 2008-228, heading read, text waived. Councilmember McCann second cd the motion and it carried 5-0. 10. A RESOLUTION NO. 2008-230, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF AFTER-SCHOOL RECREATIONAL PROGRAMMING B. RESOLUTION NO. 2008-231, RESOLUTION OF nIE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF BEFORE-SCHOOL AND AFTER-SCHOOL RECREA TIONAL PROGRAMMING Two middle schools in the Sweetwater Union High School District have awarded contracts to the City of Chula Vista for the provision of before and after-school recreational programming. Hilltop Middle School and Chula Vista Middle School will provide the sites and funding for the program. Adoption of the resolutions approves the Memorandunls of Understanding between the City and the schools. (Recreation Director) Staff recommendation: Council adopt the resolutions. Deputy Mayor Rindone requested that prior to the matter being brought forward to the Council next year, staff work with the Sweetwater Union High School District (SWUHSD) to seek ftmding that would reinstate the before- and after-school recreational programming for all six schools in the district. Recreation Director Martin responded that staff was working closely with the SWUHSD to seek additional funding to re-instate the program for all six schools. ACTION: Deputy Mayor Rindone moved to approve staffs reconmlendation and offered Resolution Nos. 2008-230 and 2008-231, headings read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. Page 7 - Council Minutes September 23,2008 /-7 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2008-232, RESOLUTION OF THE CJTY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE RELEASE OF CERTAIN DOCUMENTS RELATING TO TI-IE PAYMENT OF COUNCILMEMBER CASTANEDA'S LEGAL FEES AND WAIVING THE EVIDENTIARY PRIVILEGES AND GOVERNMENT CODE PROTECTIONS ATTACHED TO THOSE DOCUMENTS At the September 16, 2008 City Council meeting, Councilmember Ramirez requested that staff agendize an item to discuss the payment of legal fees for Councilmember Castaneda. This item has been prepared in response to that request. By adopting the resolution, Council would authorize the release of certain memoranda prepared in connection with the payment of Councilmember Castaneda's legal fees and waive the evidentiary privileges and Government Code protections attached to those documents. (Interim City Attorney) Staff recommendation: Council take action as it deems appropriate. Scott Vinson, Chula Vista resident, expressed concern over the City paying for Councilmember Castaneda's legal fees, and questioned why the Councilmember did not pay his legal fees from campaign funds or his personal money. Mark Croshier, Chula Vista resident, Councilmember Castaneda's legal fees. accountable for payment of the fees. stated that the taxpayers should not have to pay He suggested that the Public Defenders' office be Juan Gonzalez, Chula Vista resident, thanked the Council for placing the matter of Councilmember Castaneda's legal fees on the agenda for public discussion. He stated that the $194,000 expenditure could have gone a long way in improvement projects for the City. Paula Whitsell, Chula Vista resident, spoke in opposition to the City's payment of Councilmember Castaneda's legal fees, stating that the matter was conducted without input from the taxpayers, and that it appeared that the City was not working for the good of the people. She asked the Council to pay the money. back to the taxpayers. Michael Gorski, Chula Vista resident, spoke in opposition to the City's payment of Councilmember Castaneda's legal fees. I-Ie stated that legal fees were not related to the duties of a Councilmember. Gabriel Gutierrez, Chula Vista resident, spoke in opposition to the expenditure of public funds for payment of Councilmember Castaneda's legal fees. She stated that decisions to use public funds should be made in public. Steven Zamora, Chula Vista resident, spoke in opposition to the use of City tax dollars for Councilmember Castaneda's legal fees, and requested that the Council release the. related documents and reconsider its decision to pay the fees. Page 8 - Council Minutes September 23, 2008 /-R DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Jim Pennington, Chula Vista resident, asked that the Council not reopcn the issue of paying Council member Castaneda's legal fees, since his legal fees were paid in accordance with law and City policy. He stated that it was time for the City to address more impoliant City matters, and asked the Council to put the matter to rest. Peter Watry, Chula Vista resident, stated that the District Attorney's Office ought to pay for Councilmember Castaneda's legal fees. Reiner Leal, Chula Vista resident, spoke in opposition to the City's payment of Councilmember Castaneda's legal fees, and asked the Council to have Councilmember Castaneda pay his own legal fees. Kevin O'Neill, Chula Vista resident, asked that the Council place the matter on the next Council agenda in order to provide him the opportunity to review the documents and speak to the issue. John Moot, Chula Vista resident, spoke about the laws associated with what would constitute discussion of matters in Closed Session, and to that end, stated that it was not appropriate for the matter of Councilmember Castaneda's legal fees to bc discussed in Closed Session. He stated that the only proper way to address the matter would be to hold a public hearing. Patricia Aguilar, Chula Vista resident, stated that the right thing to do was to have the City release the documents related to the Council's decision for payment of Councilmember Castaneda's legal fees. She spoke in support of the proposed resolution and further, to have staff prepare an additional resolution to force the District Attorney's Office to pay for the legal fees to reimburse the City. Jerry Scott, Chula Vista resident, stated that the matter of Council member Castaneda's legal fees should not be an issue since he was found not guilty. Jose Preciado, Chula Vista resident stated that Councilmember Castaneda was found innocent, and it was important for the citizens to be supportive and respectful of elected officers even if they did not agree. He spoke of the need to move forward as a united City, and he thanked Councilmember Castaneda for his service to the City. Councilmember Castaneda left the dais at this time. Councilmember Ranlirez spoke in support of bringing the matter forward before the public, and to focus on all the City's legal expenses, not just the legal fees for Councilmember Castaneda. ACTION: Councilmember Ramirez moved to draft a resolution, requesting on behalf of the City Council of the City of Chula Vista, that the District Attorney's Office reimburse the Chula Vista citizens for its activities and persecution of the people of Chula Vista since the commencement of its activities with the Public Integrity Unit. Page 9 - Council Minutes September 23, 2008 /-9 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Cantinued) Interim City Attarney Miesfeld stated that the request and mati an by Co. unci 1m ember Ramirez cauld nat be discussed at this time, and that it would need to. be placed an an agenda far a future Cauncil Meeting far discussian by the Cauncil. Cauncilmember Ramirez rcquested that staff place an the next Cauncil agenda, a request to. the District Attarney's Office to. reimburse the City af Chula Vista for the Public Integrity Unit activities in the City. ACTION: Cauncilmember Ramirez maved to. adopt Resalutian No.. 2008-232, heading read, text waived. Cauncilmember McCann secanded the mati an. Interim City Attarney Miesfeld clarified that adaptian afthe propased resalutian wauld include the release af the fallawing three separate memorandums: 1) Letter to. the Cauncil from Intcrim City Attarney Miesfeld, dated July 15, 2008 regarding Cauncilmember Castaneda's farmal request far payment af legal fees; 2) Letter to. Interim City Attarney Miesfcld, from Steven B. Quintanilla, Special Caunsel, Green, de Bartnawsky & Quintanilla, LLP, dated July 8, 2008 regarding reimbursement af attarneys fees and ather legal casts, and; 3) Letter to. Interim City Attarney Miesfeld, from James P. Laugh, Special Caunsel, dated August 8, 2008, regarding Castaneda attarney fee issue. Mr. Miesfeld added that Special Caunsel Steven Quintani]]a was present at the meeting to. address any questians. Cauncilmember McCann requested that Mr. Quintanilla provide his statements to. the Cauncil. Mr. Quintanilla recammended that since his camments wauld caver the three referenced memarandums, Cauncil shauld first cansider adaptian af the prapased resalutian to. waive the privilege far the three memarandums. ACTION: Cauncilmember McCann called far the vate. Deputy City Attarney Maland further clarified that the prapased resalutian identified two. af the referenced memarandums, but did nat identify the third memarandum dated August 8, 2008 from James P. Laugh, regarding procedural matters, and shauld therefare be made part af the mati an, shauld the Cauncil chaase to. do. sa. ACTION: Cauncilmember Ramirez maved to. adapt Resalutian No.. 2008-232, amcnded to. include the memarandum fram James. P. Laugh, dated August 8, 2008 regarding procedural matters. Cauncilmember McCann secandcd the matian and it carried 4-0-1, with Cauncilmember Castaneda abstaining. Special Caunsel Quintanilla addressed the issue af whether or nat it was appropriate far the Cauncil to. discuss the matter in Clased Sessian, stating that it was very clear in this case, that it was appropriate and legal far the Cauncil to. cansider the matter in Clased Sessian as a patential litigatian item. He statcd that based upan the City Charter, the City had a duty to. provide far the defense af any City Official who. was charged with a crime, or being sued civilly in a mattcr that invalved their affice. I-Ie further explained the findings that wauld pennit the City to. pay legal fees incurred by a City Official, as stated in Gavernment Cade Sectian 995.8. Page 10 - Council Minutes September 23, 2008 /-/0 DRAFT ITEMS REMOVED FROM CONSENT CALENDAR (Continued) At 8:27 p.m., Mayor Cox announced a recess of the Council meeting. The meeting reconvened at 8:53 p.m. with all members present. PUBLIC COMMENTS The following members of the public spoke 111 support of the proposed MMC Peaker Power Plant: Javier Saunders, San Diego resident, representing the Mexican American Business Professional Association Jim Biddle, Chula Vista resident Robert Bm'boa, Chula Vista resident Juan Diaz, San Diego resident, did not speak but submitted a public comment card in support of the MMC Peaker Power Plant. The following members of the public spoke in opposition to the MMC Peaker Power Plant: Theresa Acerro, Chula Vista resident, representing Southwest Chula Vista Civic Association Diana Vera, Chula Vista resident Guillemlo Lopez, Chula Vista resident Hugo Ivan Salazar, Chula Vista resident, representing Communities Taking Action Steven Pavka, Chula Vista resident Ted Kennedy spoke with respect to Item 7 on the agenda, and about the recent alleged misuse of "Operation Stonegarden" grant funding by Otero County. He recommended that the City closely monitor how its portion of the grant funding allocation by the U.S. Department of Homeland Security would be used. He then spoke about the proposed MMC Peaker Plant, stating that residents who reside within 1,000 feet of the plant would be most negatively impacted by pollutants. Councilmember Ramirez requested that the Police Chief schedule a meeting with both he and Mr. Kennedy, for clarification about the Operation Stonegarden grant funding. Kevin O'Neill, Chula Vista resident, clarified his recent statement before the California Energy Conmlission about the MMC Peaker Power Plant, stating that he co-owned a piece of property that would allow the plant by right, and that he was in favor of citing a repowered plant at that location, and was speaking against his own economic self interest. With respect to the selection process for a new City Manager, Mr. O'Neill asked the Council not to rush to the selection, to find the right person with a fresh set of eyes, and someone who was not immersed in the City's politics. OTHER BUSfNESS 12. CITY MANAGER'S REPORTS Assistant City Manager Tulloch announced that the heater problem at Loma Verde Pool was resolved, and the pool was ready for immediate use. He also announced that there would be no Council Workshop scheduled for October 2, 2008, since the Califomia Energy Commission evidentiary hearing was scheduled for that date, commencing at 10:00 a.m. and expected to conclude after 8:00 p.m. Page II - Council Minutes September 23, 2008 I-II DRAFT OTHER BUSINESS (Continued) 13. MAYOR'S REPORTS A. Ratification of the appointment of Charlene Tressler to the Child Care Commission. B. Ratification of appointment of Keith Blum to the Veterans Advisory Commission. C. Ratification of the appointment of David Garza to the Youth Action Council. ACTION: Mayor Cox moved to ratify the threc appointments. Deputy Mayor Rindone seconded the motion and it carried 5-0. Councilmember McCann requested that commissioner applications be included in the Council packets. Further discussion ensued between the Council and statf about whether or not personal infornlation would need to be redacted from the applications. Interim City Attorney Miesfeld responded that the City Attorney's Office would provide the Council with an information memorandum with suggestions on the matter from a legal standpoint. Mayor Cox reminded everyone that there would be no Council Meeting on September 30, 2008. She also stated that Beautify Chula Vista was scheduled for October 4, 2008 at Otay Park, commencing at 8:00 a.m., with online registration at www.beautifychulavista.org, and that Christmas In October was scheduled for October 11,2008. ] 4. COUNCIL COMMENTS Councilmember Ramirez talked about his recent Public Office Hours meeting to discuss issues related to traffic near Southwestern Community College. He thanked Deputy Mayor Rindone and other City staff for their attendance and input at the meeting. Councilmember Castaneda spoke in support of Council member Ramirez's referral to the City Attorney, that the City disclose all legal fees that had been paid by the City and its taxpayers, and why they had been paid, and that the matter be agendized as soon as possible. He spoke in support of the decision by the Council to waive confidentiality of documents relating to paymcnt of his legal fees. He then spoke about his interest to ensure that the City had full disclosure of the documents and all of the issues surrounding all investigations, grand juries, prosecutions or threatened prosecutions by the District Attorney's Office, that had cost the taxpayers hundreds of thousands of dollars, and he was hopeful that the community would support Council's review of the documents. Councilmember McCann thanked Mr. Galliher for his dedicated serVIce, and he thanked the Veterans Commission for nominating and supporting Mr. Galliher. Deputy Mayor Rindone congratulated and recognized Mr. Galliher for his dedicated service, and recognized all the veterans who have made a difference. Page 12 - Council Minutes Seplember 23, 2008 /-/..2- DRAfT OTHER BUSINESS (Continued) Deputy Mayor Rindone congratulated the Chula Vista Rotary Club on its recent fundraiser event at the Otay Ranch Town Center. He also spoke about his participation at a community meeting regarding access through the rear gate at Southwestern College by students, due to the construction in the area. He expressed appreciation to Dr. Chopra who provided a guarantee that the gate would be closed on or before October 15th and would eliminate a lot of associated traffic issues in the neighborhood. He recognized Councilmember Ramirez for arranging the comnlunity J11eeting. The Council convened in Closed Session at 9:35 p.m. CLOSED SESSION IS. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Clerk No reportable action was taken on this item. 16. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager ACT-ION: Deputy Mayor Rindone moved to appoint Assistant City Manager Scott Tulloch to Interim City Manager. Councilmember McCann seconded the motion and it carried 5-0. ACTION: Councilmember Ramirez moved to adjust the Assistant City Manager's annual salary upward by 5 percent while he performs the duties as Interim City Manager. Councilmember Castaneda seconded the motion and it carried 3-2, with Mayor Cox and Deputy Mayor Rindone opposed.. ACTION: Councilmember McCann moved to begin the search for a permanent City Manager pursuant to the following schedule: September 24, 2008 - Human Resources Director to e-mail the City Council the posting used to recruit the former City Manager for review. September 25, 2008 - Human Resources Director to post advertisement for City Manager. September 30, 2008 - Special Meeting of thc City Council to obtain public input regarding City Manager recruitment; Closed Session: Evaluation of Interim Citv Manager. October 7, 2008 - Closed Sessi;n: City Council evaluation of candidate applications for City Manager. Councilmember Castaneda seconded the motion and it carried 3-2, with Mayor Cox and Deputy Mayor Rindone opposed. Page 13 - Council Minutes September 23, 2008 /-/3 DRAFT CLOSED SESSION (Continued) 17. CONFERENCE WlTH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LlTlGA TION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three cases Case No. I: No reportable action was taken. Case No.2: ACTION: Councilmember Castaneda moved to reject fonner City Manager's demand of a one-time $195,000 payment from the City to the former City Manager. Councilmember McCann seconded the motion and it carried 3-2, with Mayor Cox and Deputy Mayor Rindone opposed. Case No.3: The item was removed from the agenda. 18. CONFERENCE WlTH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Deanna Mory, et a!. v. City of Chula Vista, ct a!., United States District Court, Case No. 06 CV 1460 JAJ-l(BLM) B. Deanna Mary, et a!. v. City ofChula Vista, et a!., United States District Court, Case No. 07-CV-0462 JLS (BLM) No rep0l1able action was taken on this item. ADJOURNMENT At 1: 16 a.m., Mayor Cox adjourned the meeting to the next Regular Meeting of October 7, 2008 at 4:00 p.m. in the Council Chambers. ..... ~ Lorraine Bennett, CMC, Deputy City Clerk Page 14 - Council Minutes September 23, 2008 /-/~ CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF -:. - - --(HULA VISTA NOVEMBER 25,2008, Item_ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $19,153 IN THE 2009 ENERGY CONSERVATION FUND FROM "SUPPLIES & SERVICES" TO THE "OTHER EXPENSES" BUDGET CATEGORY TO PROVIDE ADDITIONAL FUNDING FOR THE SUSTAINABLE COMMUNITIES OUTREACH PROGRAM SUBMITTED BY: DIRECTOR OF CONSERVATION & ENVIRONMENTAL~ SERVICES \.2:J REVIEWED BY: INTERIM CITY MANAGER ~ 4/STHS VOTE: YES 0 NO D SUMMARY The Chula Vista/SDG&E Energy Efficiency Partnership provides funding for energy services to local residents, businesses and City operations that reduce the amount of electricity and natural gas consumed and lower monthly utility costs. The budget amendment request ",ill transfer $19,153 from the "Supplies & Services" budget category to the "Other Expenses" category to provide additional funding for the Sustainable Communities Outreach Program. The fund transfer mIl allow the City to continue its efforts to expand energy efficiency opportunities in the community. 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 . RECOMMENDA TION Staff recommends that City Council adopt the resolution. /A-/ NOVEMBER 25, 2008, Item-L Page 2 of2 BOARDS/COMMISSION RECOMMENDA nON Not Applicable. DISCUSSION In September 2006, Council approved the SDG&E Energy Efficiency Partnership agreement that provided $2,193,225 ($731,075 per calendar year) to the City's energy conservation efforts. Specifically, the funds are used to reduce the amount of kilowatt- hours (electricity) and therms (gas) consumed by the Chula Vista community, especially sectors which historically have not fully participated or are not eligible for existing energy incentive programs. Targeted sectors include low income residents, small businesses, contractors, permit applicants and developers. The Partnership also provides funding to identify and administer energy efficiency retrofit projects at municipal facilities. As a result, Chula Vista is implementing programs to reduce annual community energy use by 3.8 million kWh and 100,000 therms and municipal building energy use by 1,300,000 kWh and 50,000 therms. In addition to lowering monthly utility costs, these energy savings will also contribute to reducing Chula Vista's greenhouse gas emissions or "carbon footprint." The budget amendment request will transfer $19,153 within the 2009 Energy Conservation Fund from the "Supplies & Services" budget category to the "Other Expenses" category to provide additional funding for the Sustainable Communities Outreach Program. The Sustainable Communities Outreach Program, which is administered by the Planning and Building Department, works to educate permit applicants, contractors and developers on energy efficiency opportunities and has developed new ordinances to promote renewable energy and green building design principles in new construction. The transferred funds will allow the City to continue this program through December 2008. The total funding for the Sustainable Communities Outreach Program for the last three year period is $209,153. 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)(I) is not applicable to this decision. FISCAL IMP ACT The fund transfer of $19,153 from the "Supplies & Services" budget category to the "Other Expenses" category within the 2009 Energy Conservation Fund will result in a no net impact to the General Fund. As mentioned earlier, these funds will be utilized to continue developing and implementing energy efficiency programs through the end of the calendar year. ATTACHMENTS None Prepared by: Brendan Reed, Environmental Resource Manager, Conservation & Environmental Services / It -2- RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $19,153 IN THE 2009 ENERGY CONSERVATION FUND FROM "SUPPLIES & SERVICES" TO THE "OTHER EXPENSES" BUDGET CATEGORY TO PROVIDE ADDITIONAL FUNDING FOR THE SUSTAINABLE COMMUNITIES OUTREACH PROGRAM WHEREAS, the Chula VistalSDG&E Energy Efficiency Partnership provides funding for energy services to local residents, businesses and City operations that reduce the amount of electricity and natural gas consumed and lower monthly utility costs; and WHEREAS, the budget amendment request will transfer $19,153 from the "Supplies & Services" budget category to the "Other Expenses" category to provide additional funding for the Sustainable Communities Outreach Program; and WHEREAS, the fund transfer will allow the City to continue its efforts to expand energy efficiency opportunities in the community; and WHEREAS, in September 2006, Council approved the SDG&E Energy Efficiency Partnership agreement that provided $2,193,225 ($731,075 per calendar year) to the City's energy conservation effort; and WHEREAS, specifically, the funds are used to reduce the amount of kilowatt-hours (electricity) and therms (gas) consumed by the Chula Vista community, especially sectors which historically have not fully participated or are not eligible for existing energy incentive programs; and WHEREAS, targeted sectors include low-income residents, small businesses, contractors, permit applicants and developers; and WHEREAS, as a result, Chula Vista is implementing programs to reduce annual community energy use by 3.8 million kWh and 100,000 therms; and WHEREAS, in addition to lowering monthly utility costs, these energy savings will also contribute to reducing Chula Vista's greenhouse gas emissions or "carbon footprint;" and WHEREAS, the budget amendment request will transfer $19,153 within the 2009 Energy Conservation Fund from the "Supplies & Services" budget category to the "Other Expenses" category to provide additional funding for the Sustainable Communities Outreach Program; and J:\Attomey\RESO\CONSERV ATlON\Sustainable Communities Outreach Program_II-25-08.doc /A-3 Resolution No. 2008- Page 2 WHEREAS, the Sustainable Communities Outreach Program, which is administered by the Planning and Building Department, works to educate permit applicants, contractors and developers on energy efficiency opportunities and has developed new ordinances to promote renewable energy and green building design principles in new construction; and WHEREAS, the transferred funds will allow the City to continue this program through December 2008; and WHEREAS, the total funding for the Sustainable Communities Outreach Program for the last three year period is $209,153; and WHEREAS, 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. WHEREAS, the fund transfer of $19,153 from the "Supplies & Services" budget category to the "Other Expenses" category within the 2009 Energy Conservation Fund will result in a no net impact to the General Fund; and WHEREAS, these funds will be utilized to continue developing and implementing energy efficiency programs through the end of the calendar year. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby transfer $19,153 in the 2009 Energy Conservation Fund from "Supplies & Services" to the "Other Expenses" budget category to provide additional funding for the Sustainable Communities Outreach Program. Presented by Approved as to form by Michael Meacham Director of Conservation & Environmental Services BCM~ L art . 1 "'\6t1nterim City Attorney J:\Attomey\RESO\CONSERV A TION\Sustainable Communities Outreach Prograrn_] ] -25-08.doc /A--'1 CITY COUNCIL AGENDA STATEMENT ~\Yf:.. CITY OF (HUlA VISTA 11/25/08, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $44,380 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE AKWOOD DEVELOPMENT, INC. REVIEWED BY: INTERIM CITY MANAGER <S 4/5THS VOTE: YES cgj NO 0 SUBMITTED BY: DIRECTOR OF ENGINEERING. SUMMARY Oakwood Development, Inc. has paid fees to satisfy certain permit fees for its Village 7 Monte Sereno Phase 3B project. Oakwood Development, Inc. is now requesting a refund of said fees. ENVIRONMENT AL 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. DISCUSSION In Fiscal Year 2006/2007, Oakwood Development, Inc. paid permit fees on their Village 7 Monte Sereno Phase 3B Project. Permit fees are paid prior to issuance of the final building permit and prior to the construction ofthe project. On September 25, 2008 staff received, from Oakwood Development, Inc., a written request (Attachment 1) for a refund of permit fees for the aforementioned project. Construction on the project has not begun, and Oakwood Development, Inc. is anticipating that production will not 2-1 11/25/08 Item~ Page 2 of2 begin until Fall 2009. Until then it has been requested that the City refund the following permit fees: . NPDES Fee ($1,120) . Otay Ranch Res ($182.63) . Traffic Signal Fee ($1,939) . Public Facilities DIF ($14,175) . Sewer Capacity Fee ($24,346) Poggi Cyn DIF ($2,800) . Oakwood Development, Inc. understands and is aware that they must pay all current applicable permit fees (including applicable fee increases) at the time the permits are reapplied for its Village 7 Monte Serano Phase 3B project. This resolution will amend the proper Fiscal Year 2008/2009 fund budgets and appropriate a total of $44,380 from the available fund balances to process the refund to Oakwood Development, Inc. for certain permit fees associated with their Village 7 Monte Sereno Phase 3B project. The Otay Ranch Res Fee of $182.63 does not require a budget appropriation, as said funds are within a refundable deposit account. The appropriations that are needed are to the following fund balances: Account # Account Description Amount 30120 NPDES Fee $1,120.00 22500 Traffic Signal Fee $1,939.00 41300 Sewer Capacity Fee $24,346.00 57200 DIP Civic Center $4,211.12 57300 DIP Police Facility $2,817.68 57400 DIP Corn Yard $758.31 57500 DIP Librarv $2,421.20 57600 DIP Fire Sunnression $2,128.66 58200 DIP Recreation $1,838.03 43200 DIP POlllli Canyon $2,800.00 Total $44,380.00 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 The refund of these permit fees will have no impact to the General Fund as this is a reimbursement and sufficient monies are available in the associated fund balances with the exception of those related to the Public Facilities DIF (Account #57200 thru 58200). The reimbursement will add to the existing deficit within the PFDIF fund. This $14,175 deficit will be addressed along with the ongoing shortfalls in the PIFDIF accounts through an anticipated temporary loan/transfer from the TD IF. n ATTACHMENTS 1. Letter requesting refund from Oakwood Development, Inc. Prepared by: Tessa Quicho, Administrative Analyst II, Engineering Department J:IEngineerlAGENDAICAS2008111-25-08\Oakwood Refund Appropriations.doc 2-2 o F.TT,'\CHMENT I City of Chula Vista 276 Fourth Ave Chula Vista Ca 91910 9-25-08 Attention: Tessa Quicho and Lou El Khazen Regarding: Permit fee reimbursements Tessa and Lou, On behalf of Oakwood Development I would like to request a refund for the following permit fees paid on our Village 7 Monte Sereno Phase 3B project, The permit numbers are BR06-0671, BR06-0678, BR06-0679, BR06-0683, BR06-0685, BR06-0686 and BR06-0690. The line items I am requesting a refund on are 0161, 2155, 2310,3010,3802, and 9108. In addition I would like to request that the following line items be credited back towards the DIF trust accounts set. up for this project to be used toward future phases. These line items are 4506, 4501,4510,4521, and 4543. Thank you for your consideration in this matter. Sincerely Doug Brooks 2-3 2445 FENTON STREET. CHUL.A VISTA, CA 91914 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A.MENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $44,380 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE OAKWOOD DEVELOPMENT, INC. WHEREAS, in Fiscal Year 2006/2007, Oakwood Development, Inc. paid $44,562.63 to the City for permit fees in association with their Village 7 Monte Sereno Phase 3B project; and WHEREAS, the [mal building permits were not pulled by Oakwood Development, Inc. due to financial reasons; and, WHEREAS, on September 25, 2008 Oakwood Development, Inc. requested a refund of the permit fees paid in the amount of $44,3 80; and, WHEREAS, staff has determined those permit fees eligible for refund were limited to the following: NPDES Fee ($1,120) . Otay Ranch Res ($182.63) . Traffic Signal Fee ($1,939) . Public Facilities DlF ($14,175) . Sewer Capacity Fee ($24,346) Poggi Cyn DlF ($2,800) WHEREAS, the Otay Ranch Res Fee of $182.63 does not require a budget appropriation, as said funds are within a refundable deposit account; and, WHEREAS, in order to reimburse Oakwood Development, Inc., appropriations to the following funds are required: Account # Account Description Amount 30120 NPDES Fee $1,12000 22500 Traffic Signal Fee $1,939.00 41300 Sewer Capacity Fee $24,346.00 57200 DIF Civic Center $4,211.12 57300 DIF Police Facility $2,817.68 57400 DIF Corp Yard $758.31 57500 DIF Library $2,421.20 57600 DIF Fire Suppression $2,128.66 58200 DIF Recreation , $1,838.03 43200 DIF Poq:gi Canvon $2,800.00 Total $44,380.00 H:\ENGINEER\RESOS\Resos2008\11-25-08\Reso Oakwood Refund Appropriation.doc 2 - 4 Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2008/2009 Budget and appropriate $44,380 from the available fund balance to reimburse Oakwood Development, Inc. Presented by Richard A. Hopkins Director of Engineering H:\ENGINEER\RESOSIReso$l008\11-25-08\Reso Oakwood Refund Apprupriatioll.doc 2 - 5 CITY COUNCIL AGENDA STATEMENT ::::,~.f:.. Clll OF . CHULA VISTA 11/25/08, Item~ SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LOCAL AGENCY - STATE AGREEMENT FOR BICYCLE TRANSPORTATION ACCOUNT PROJECT (LOCAL AGENCY - STATE AGREEMENT) TO PROVIDE BICYCLE AMENITIES FOR COMMUTERS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING BICYCLE TRANSPORTATION ACCOUNT (BTA) FUNDS FOR FISCAL YEAR 2008/2009 IN THE AMOUNT OF $135,63 0, AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $15,070 ($11,000 FROM THE TRAFFIC SIGNAL FEE FUND, $2,750 FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA) FUND, AND $1,320 FROM TRANSNET FUNDS) TO CIP PROJECT TF369, THREE PART BICYCLE FACILITIES IMPROVEMENT; AND AMEZi. THE FISCAL YEAR 2008/2009 CIP PROGRA1\1 . \ DIRECTOR OF ENGINEERING INTERIM CITY MANAGER ~ 4/5THS VOTE: YES ~ NO 0 ITEM TITLE: REVIEWED BY: SUMMARY The City has received a $135,630 Bicycle Transportation Account (BTA) grant from the California Department of Transportation (Caltrans) for Fiscal Year 2008/2009. The BTA grant provides for Citywide bicycle amenities such as replacement of bus-mounted bike racks, roadway signage for bicycle facilities and traffic signal video detection units in order to encourage alternative modes of transportation. Sufficient funds are available to meet the grant's local match reimbursement of 10% ($15,070). 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 153301 (c) (Existing Facilities) of the State CEQA Guidelines because the improvements will be installed on streets and bicycle trail facilities. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. 3-1 11/25/08, Item ~ Page 2 of 3 BOARDS/COMMlSSION RECOMMENDATION Not applicable. DISCUSSION Staff submitted an application for "Bicycle Amenities for Commuters" for the California Department of Transportation (Caltrans) competitive Bicycle Transportation Account (BTA) grant program for Fiscal Year 2008/2009 in December 2007. Council approved the City's grant application on December 4,2007 by Resolution 2007-271 (Attachment 1). This grant provides funds for a three-part bicycle facilities improvement grant that would provide for 40 bus- mounted bike racks, additional signage at 64 locations along city bike lanes and bike routes, and upgrading the existing traffic signal detection system at six signalized intersections from inductive pavement loops to a video system already used in other locations citywide. Video detection has the advantage of being able to sense both bicycles and vehicles, where loop detection systems do not register bicycles. Specific locations for the bicycle lane/route signage and the video location equipment are shown in Attachment 1. In general, new signage will be installed along portions of Main Street, Industrial Blvd., Bay Blvd., Orange Avenue, Telegraph Canyon Road, East H Street and Gotham Street. Video detection equipment will be installed at the following intersections: . Bay Blvd.! E Street! 1-5 SB off ramp . Bay Blvd.! H Street . Bonita Road! Otay Lakes Road . Bonita Road! Willow Street . Heritage Road! Paseo Ranchero/ Telegraph Canyon Road . La Media Road! Otay Lakes Road! Telegraph Canyon Road The City estimated the cost for these three components at $150,700. The costs were divided up as follows: BT A 2008-09 100;', Local Total Project Grant Allocation Match Allocation Signage for Bike Lanes & Routes Video Detection Equipment Bus Mounted Bike Racks TOTAL $11 ,880 99,000 24,750 $135,630 $ 1,320 11 ,000 2,750 $15,070 $ 13,200 11 0,000 27,500 $150,700 Staff recently received a letter dated October 16, 2008 from the Caltrans Local Assistance Program stating that the City of Chula Vista has been awarded a grant of $135,630 for the Bicycle Amenities for Commuters project (Attachment 2). A ten percent local match of $15,070 is required. As shown on the approved projects list, the City has received one of only 19 grants awarded in Fiscal Year 2008/2009, and is the only City in San Diego County to have received a grant. Staff has set up the new Capital Improvement Program (CIP) project TF369, Three Part Bicycle Facilities Improvement. 3-2 11/25/08, Iteml Page 3 of 3 Staff subsequently received a second letter from Caltrans dated October 20, 2008, enclosing the Local Agency - State Agreement for Bicycle Transportation Account Project (Attachment 3). This agreement must be executed by the City and returned to Caltrans within 90 days of receipt. Provisions include right of way acquisition, engineering, facility maintenance, funding and reporting. These provisions include the stipulation that the City complete the proj ect and submit the final invoice by April 1, 2011. Staff feels that there will be no problem in complying with the provisions of this agreement. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found conflicts exist, in that Councilmembers McCann and Ramirez have property holdings within 500 feet of the boundaries of the properties which are the subject of this action. (please refer to tables in Attachment 2, which indicate that Councilmembers McCann and Ramirez each have a conflict on locations for the installation of signage and Councilmember McCann has a conflict on one location for installing video detection equipment). FISCAL IMPACT There is no impact to the General Fund from this action. The estimated total proj ect cost of $150,700 will be met, in part, with $135,630 in Bicycle Transportation Account (BTA) Grant funds. The remaining required 10% match will be met with funds totaling $15,070 from three available sources: the Traffic Signal Fee Fund ($11,000), Transportation Development Act (TDA) funds ($2,750), and Transnet funds ($1,320). The Transnet funds will be transferred from TF332, Signing and Striping Program. There are sufficient funds available from all these sources. This action will appropriate the grant and matching funds into CIP project TF369 for Fiscal Year 2008/2009. ATTACHMENTS I - Resolution 2007-271 and agenda statement for December 4, 2007 2 - Caltrans award letter and approved projects list 3 - Local Agency - State Agreement and transmittal letter dated October 20, 2008 Prepared by: Elizabeth Chopp, Senior Civil Engineer. Engineering Dept. 1: IEngineerIA GENDA ICAS2008\//-/8-08\BTA grant acceptance. doc 3-3 ATTACHMENT 1 RESOLUTION NO. 2007-271 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORlZING SUBMITTAL OF AN FISCAL YEAR 2008/2009 BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATION; AND CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE AVAILABLE THEREFOR WHEREAS, the City Council adopted a comprehensive update of the City of Chula Vista Bikeway Master Plan in January 2005; and WHEREAS, the Bikeway Master Plan update determines both local and long-distance travel needs and identifies proposed bikeway facilities improvements in various locations throughout the City; and WHEREAS, currently proposed improvements to bikeway facilities include new or upgraded bus-mounted bike racks on all City buses, additional signage along City bike lanes and bike routes, and the upgrading of existing traffic signal detection systems to accommodate new bicycle technology; and WHEREAS, the proposed improvements are aligned with San Diego Association of Governments (SANDAG) regional bikeway plans; and WHEREAS, the cost for the proposed bikeway facilities projects IS estimated at $150,700; and WHEREAS, if awarded, the Bicycle Transportation Account (BTA) grant funds administered by Caltrans, will fund $ 135,630 of the total cost; and WHEREAS, the balance of the cost, a required 10% match of $ I 5,070, can be funded from three sources: Traffic Signal Fee Fund, Transportation Development Act (TDA) funds, and TransNet Funds in the amounts of$II,OOO, $2750, and $1,320, respectively; and WHEREAS, City staff recommends that the City apply for a BT A grant to fund the proposed three-part bicycle facilities project as detailed in the City of Chula Vista 2005 Bikeway Master Plan; and WHEREAS, grant requirements include Council certification that matching funds are available and committed for the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby 3~4 Resolution No. 2007-271 Page 2 1. Authorize submittal of a Fiscal Year 2008/2009 Bicycle Transportation Account (BTA) grant application to the California Department of Transportation (Caltrans); and 2. Certify that the City has or will have available, prior to commencement of any work on the projects, the required match. Approved as to form by Services Director (A~. Ann Moore City Attorney /../ PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 4th day of December 2007 by the following vote: AYES: Councilmembers: Castaneda, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: McCann, Ramirez Cheryl co~:k9 Gr ATTEST: ~~.L~ Susan Bigelow, MMC, City CI STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-271 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of December 2007. Executed this 4th day of December 2007. -:::- "'?/J..L/., ~ YJ j~ Susan Bigelow, MMC, City Cle>> . 3 5 -- ,-_. CITY COUNCIL AGENDA STATEMENT 12/04/07, ItemL ITEM TITLE: RESOLUTION AUTHORIZING SUBMITTAL OF A FISCAL YEAR - 2008/2009 BICYCLE TRANSPORTATION ACCOUNT GRANT APPLlCATION AND CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE A V AlLABLE THEREFOR SUBMITTED BY: DIRECTOR OF ENGINEERING Al'ID GENERAL SERVICES DIRECTOR OF PUBLIC WORKS r CITY MANAGER A:~ ASSISTANT CI~~GER ~ 4/5THS VOTE: YES 0 NO ~ ~Yy REVIEWED BY: BACKGROUND The City of Chula Vista's Engineering & General ServiCes Department and the Public Works Department would like to submit a $135,630 Bicycle Transportation Account (BTA) grant application to Caltrans for the FY2008-09 fiscal year in order to provide for citywide bicycle amenities such as replacement bus-mounted bike racks, roadway signage for bicycle facilities and for traffic signal video detection units in order to encourage alternative modes of transportation. 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 153301 ec) (Existing Facilities) of the State CEQA Guidelines because the improvements will be installed on streets and bicycle trials that are existing facilities. Thus, no further environmental review is necessary. RECOMMENDATION That Council adopt the resolution: . Authorizing the submittal ofa FY2008-09 BTA grant application; and . Committing matching funds therefor. BOARDS/COMMISSION RECOMMENDATION Not applicable. 4-1 3-6 12104/07, ItemL Page 2 of 5 DISCUSSION The California Department of Transportation (Caltrans) has announced available grant funding for FY2008-09 projects through its competitive Bicycle Transportation Account (BTA) grant program. The intent of the program is to improve safety and convenience for bicycle commuters in the region. The BTA grant program is available to local agencies with recently updated Bicycle Transportation Plans, less than five-years old. The City of Chula Vista's Bikeway Master Plan was adopted by Council in January 2005 and thus complies with the grant requirements. A total of $7.2 million is available statewide with a maximum award for a single project not to exceed $1.8 million. The grant application deadline is December 3, 2007. Notification of grant award is expected within the July to October 2008 timeframe. Projects must then be completed within two fiscal years after the award date. The Engineering & General Services Department and the Public Works Operations Department would like to submit a grant application in the amount of $135,630 for a three-component citywide bicycle facilities project. If the grant is awarded, the proposed projects would be added into the City's Capital Improvement Program as early as FY200S/09 or as late as FY2010/11. The City of Chula Vista's grant application is for a three-part bicycle facilities improvement grant that would provide for bus-mounted bike racks, additional signage along city bike lanes and bike routes, and upgrading the existing traffic signal detection system from inductive pavement loops to a video system already used in other locations citywide. Video detection has the advantage of being able to sense both bicycles and vehicles, where loop detection systems do not register bicycles. The project will encourage alternative modes of transportation to activity centers citywide (See Attachment I) and make the trip as convenient as possible for bicyclists throughout the City. With that in mind, a bicycle trip origin starts at the residence and the bicyclist would use the bike routes, bike lanes or bike paths as identified in the City's Bikeway Master Plan (See Attachment 2). Bike lanes typically go through signalized intersections. Unfortunately, new bicycle technology is making detection of the bicycle more difficult at intersections that are still equipped with the inductive loop system. This is because bicycles and their components are now being made with lighter-weight metallic materials such as aluminum and steel and other non-metallic materials such as carbon fiber. By retrofitting video detection systems into the traffic signal mast arms, one video camera will replace all of the inductive loops on one approach located near the limit line of the intersection thereby providing an overall upgrade to the intersection. Tberefore, if a bicyclist is in the curb lane or a through lane or even a left-turn lane, the video camera will recognize that there is a "vehicle" that needs a green signal indication and the delay to the bicyclists is minimized. The bicyclist may then continue to a bus stop to board a bus equipped with bike racks to allow longer trips to be made by Chula Vista Transit buses. As the final destination approaches, the bicyclist would off-load from the bus and ride the remaining part of the trip, again using the City's bike lanes and bike routes. 4-2 3-7 12/04/07, ItemL Page 3 of 5 Part I - Additional Bike Lane and Bike Route signage at various locations citywide. The first part of the project would provide signage at the locations listed below to work towards completing the citywide bicycle facilities and would, in fact, fulfill the needs of all but one of the Class 3 facilities included in the Bicycle Master Plan. In some instances, a bike route will be provided as an interim measure until a roadway is sufficiently widened to provide a bike lane. A bike route is considered a Class 3 bicycle facility where bicyclists share the roadway travel lane with motorists (See Attachment #3). Bike routes will only have directional signage. Bike lanes are considered Class 2 facilities and are delineated lanes provided solely for the use of bicyclists along the edge of the roadway. Where the roadway is sufficiently Wide, it could also be adjacent to a parking lane. A bike path is a Class I facility; typically a bicycle pathway or trail that is completely separated from vehicular traffic. One local example is the Bayshore Bikeway bike path north of E Street and Bay Blvd. The locations for additional signage are listed in the following table and are also described in the Bikeway Master Plan facilities list as shown in Attachment 4: BIKE LANE AND BIKE ROUTE SIGNAGE FACILITY CLASS LOCATION LIMITS SIGNS MILES COST # *4 3 Main Street Industrial Blvd. to 1- 22 2.73 $3,780 805 5 3 Industrial Blvd L Street to Main 12 1.49 $2,063 Street 8 2 Bay Blvd F Street to J Street 8 1.00 $1,374 **9 3 Orange Avenue Palomar Street to 12 1.56 $2,063 Hilltop Drive 15 3 Telegraph Near I-80S 2 0.25 $ 344 Canyon Road 16 3 East H Street Hilltop Drive to 4 0.97. $ 688 Hidden Vista Drive 17 3 Gotham Street Rutgers Avenue to 1- 0.65 $ 688 Otay Lakes Road Subtotal 64 8.65 $11,000 Soft Costs 20% Contingency $2,200 TOTAL COST $13,200 FUNDING TransNet Funds $ 1,320 SOURCES BT A Grant $11,880 .Con.t1ict of interest - Councilmember McCann ."'Conflict of interest - Coum:ilmcmber Ramirez The costs above have been adjusted by the Construction Cost Index for inflation since Year 2005 when they were originally calculated for the Bikeway Master Plan. 4-3 3-8 12/04/07, ItemL Page 4 of 5 Part II - Traffic si gIlal video detection at various locations citywide. The second project component would provide new video detection cameras to replace the inductive loop system currently used at each of the signalized intersections listed below. All have bike lanes or bike paths adj acent to them. Two locations are adjacent to Interstate 5 on E and H Streets at Bay Boulevard, and are operated by Caltrans. Caltrans has approved the project, provided the new equipment meets their specifications and the City processes an encroachment permit for the work. VIDEO DETECTION EOillPMENT # INTERSECTION DIRECTION COST COMMENT 1 Bay Blvd/E Street/I-5 SB off- NB & SB $25,000 Includes Caltrans permit ramp costs. Bayshore Bikewav. 2 Bay Blvd/H Street NB & SB $25,000 Includes Caltrans permit costs. Bayshore Bikewav. *3 Bonita Road/Otav Lakes Road EB $10,000 4 Bonita Road/Willow Street EB&WB $10,000 5 Heritage Road/Paseo NB & SB $20,000 Ranchero/Telegraph Canyon Road 6 La Media Road/Otay Lakes NB & SB $20,000 Road/Telegraph Canyon Road TOTAL COST $110,000 Traffic Signal $11,000 FUNDING SOURCES Fee Fund BTA Grant $99,000 .Contllct of Interest -CouncJlmember McCann The costs include soft costs such as design and Caltrans permit costs plus hard costs for purchasing and installation of equipment. Part IIl- Bus-mounted bike racks for Chula Vista Transit citywide. The third project component would provide new, or replace existing bus-mounted bike racks on all Chula Vista Transit buses. Bike rack specifications have changed over the years and the region is now using a bike rack that is more durable and if repairs are needed, spare parts are available. The current bike rack system does not have interchangeable parts and when damaged must be entire! y replaced. The proposed bike rack utilizes the similar mounting hardware as the existing bike racks so installation can be oodertaken quickly. The grant proposal is for 40 racks plus installation totaling $27,500. The bike racks will be installed by Chula Vista Transit staff (see Attachment 4). 4-4 3-9 12/04/07, ItemA- Page 5 of5 Item Each Unit Cost Quantitv Total Bike Rack Each $505.00 40 $20,200.00 7.75% Sales Tax Each $ 39.14 40 1,565.60 Subtotal Each $544.14 21,765.60 Installation Each $ 80.00 40 3,200.00 Subtotal $624.14 24,965.60 ] 0% Contingency Each $ 62.4] 40 2,496.56 TOTAL COST $27,462.]6 SAY $27,500 FUNDING SOURCES TDA Funds $2.750 BTA Grant $24,750 BUS-MOUNTED RACKS DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found conflicts exist, in that Counci]members McCann and Ramirez have property holdings within 500 feet of the boundaries of the properties which are the subj ect of this action (please refer to tables shown on pages 3 and 4 -- "Bike Lane and Bike Route Signage" and "Video Detection Equipment"). FISCAL IMPACT There is no impact to the General Fund from this action. The estimated total proj ect cost of $150,700 will be met, in part, with $135,630 in Bicycle Transportation Account (BTA) Grant funds, if awarded. The remaining required 10% match will be met with funds totaling $15,070 from three available sources: the Traffic Signal Fee Fund ($11,000), Transportation Development Act (TDA) funds ($2,750), and TransNet funds ($],320). lfthe grant is awarded, staff will return to Council with a recommendation to accept the funds, create a new Capital Improvement Program (CIP) project, and appropriate the grant funds into the CIP as early as FY2008/09 or as late as FY201 0/] L ATTACHMENTS ] - Activity Centers and Trip Destinations Plat 2 - Chula Vista Bikeway Master Plan Update - 2005 (Pocket Map excerpt) 3 - Bikeway Facility Types 4 - Bike Rack Installation Quote dated 10/24/07 Prepared by: Francisco X Rivera, Principal Civil Engineer, Engineering & General Services Dept. 11/21/20071:46 PM M: \EngineerIA GENDA lCAS2007\12-04-07\B T A grant submittal final. doc 4-5 3-10 ActMty Centers and Trip Destinations ..\... . ~-,.- . '. 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'''' .~ IS :,~ ~~J "..~'ol!;' ,1 ./ ,. ~J ~'<. L:. .. -- ,....,.. \ ~ !rI Open Space . Parks . Retail o Schools Government Centers .' ,. Major ~mployers ~ ',ey Attractions :>> III Hospitals Cl :r ;;:: m -". ::1 I r I t :;) j D. .. t :E ~ ". Id.~l . .. .2 - III i .!! :::I .I: (.) .,.,- . ID 8 fill I '--"1 . ~- t is! ".... J" L~:; . U . "''''''v-'1/ci!'', 0 ~ :'h,gi2\ ~., '...~i-i--'-"-'- ATT ACHMEi'r ~' s~ z --._- .'~' . L L...: - 1--j1 f. l' ! j~;- ._ ..'2l ..lEi .1".' , / : r ':t/~~! l ,. :~.). ~i." L . 'j : . . . . \ .-.'--_..~.,.. .'; \ ....... \ "" !1~ \ .11:& . '\. ~~.'''HH).. .\ .......>:.~.! l"JJ~ \ . \ --r'''~ \ ~ jhU \. .,' \ ... ~ _, '" 't ., .. 'i ;, ,,,' ,..,.. ..... ~1 ~~~ t~~~ "" "l'-do,"",~l\," ... " 't "Go:, ,~.... .... tk.... ~\ .... i i ~........... \. ...p ..~ "..#~ \ .....--"'\......... :: .;" ~" .........._.-.~.~........ ".. '. '. ". .\ ........--r=""'"'- \":: . \ \-'--"";'''",": \ \ J' \..1 I , ) , ' I ! ~ L-i' :~.',:. L>~..I '[ o ".. :.::a:" L::-'~::: .~.' "" " ..;--;-':';'/"1' """'~. . ---- ..\ "'.' , "-~ ";', i ~ ".'::~ ;". l ~ Q ~ '" .j... . ....:......... .: .... ",' "~', ;i:l"'<:':" :'~~;'~i 4-7 3-12 .......:. Bikeway Facility Types . :3 ,iTT ACHMENT '- 0_ -.c= ....1Il lllll'- II c..1- I'Il..Gl --.:0: ..1.:0:.- iiia:! - Typical Sections 8' paved + 2' graded edge min. for two-way (Greater width recommended where high bike voiumes or high levels at mixed use ocCur) Locational Criteria Separate righl-<>f-way away from motor vehicular traffic. Used where adjacent roadway speeds and ADTs are too high for safe joint use, for connections through open space areas and parks, or where no other facility type is feasible. Typical Users Jfl~ ~j~ ~. Kids, Family Recreational, Adult Exercise, Skaters, Joggers, Recreational Walkers, Exercise Walkers '- o '\I CD :;; rnclIl rnlll~ ra..J QJ -Gl.:o: ..1.:0:-- .- a:! a:! - ~ I I S min. totaI..,.;dlh where curb 0C0Jl"S, 6 adjacent to parking (Wider bike lane recommended where bike votumes are high) Within vehicular right- of-way, but delineated by warning symbols and striping. May be used where roadway speeds and ADTs are fairly high, but adequate roadway width is available. Directness and number of users are significant factors. ~ .cIb Adu~ Recreational, Commuters and Serious Cyclists - QJ .... "'::l mO mIX: ~QJ U-'" iii - ~ Gl .... III C CI 'iij Gl ~ c: ::J Ie; ~ (Wider than standard outside lane recommended) Within vehicular right-of- way, but typically delineated by directional signage only. Used where roadway speeds and ADTs are fairly low, and where route directness and number of users is not likely to be signifICant. Primarily for route directions on suggested roadways. ~ cIb Commuters and Serious Cyclists ~ (No~ required) Within vehicular right-of- way, but not signed or delineated except in bikeway maps. Used whe re roadway speeds and ADTs are quite low, and where route directness and number of users is not likely to be significant. Used to infomnally connect other facilities. ~ ~, Kids, Family ~ ~ Recreational, Commuters and Serious Cyclists cIb Capital Improvemeflt Projects D ID ATTACHMENT _1. Veolia T ransportalion 4167 Collection Center Drive Chicago, IL 60693 (630) 571-7070 X1087 fax Invoice No. QUOTE Customer Name Chula Vista Transit Address 1800 Maxwell St City Chula Vista Phone 619.397.6061 Date Order No. Rep FOB 10/24/2007 State CA . ZIP 91911 Qtv Descriotion Unit Price TOTAL Veolia . Chula Vlsta 40 I Installation of bike racks on 40 buses. $80.00 $3,200.00 I , I , i SubTotal $3,200.00 Payment Details " 0 Cash Tax @ Check 0 Credit Card TOTAL $3,200,00 Name CC# Expires I Office Use Only Veolia- People Who eare! 4-9 3-14 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF AN FY2008-09 BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATION; AND CERTIFYING TIIAT MATCHING FUNDS ARE OR WlLL BE AVAILABLE THEREFOR WHEREAS, the City Council adopted a comprehensive update of the City of Chula Vista Bikeway Master Plan in January 2005; and WHEREAS, the Bikeway Master Plan update determines both local and 10ng- distance travel needs and identifies proposed bikeway facilities improvements in various locations throughout the City; and WHEREAS, currently proposed improvements to bikeway facilities include new or upgraded bus-mounted bike racks on all City buses, additional signage along City bike lanes and bike routes, and the upgrading of existing traffic signal detection systems to accommodate new bicycle technology; and WHEREAS, the proposed improvements are aligned with San Diego Association of Governments (SANDAG) regional bikeway plans; and WHEREAS, the cost for the proposed bikeway facilities projects is estimated at $150,700; and WHEREAS, if awarded, the Bicycle Transportation Account (BTA) grant funds administered by Caltrans, will fund $135,630 of the total cost; and WHEREAS, the balance of the cost, a required 10% match of $15,070, can be funded from three sources: Traffic Signal Fee Fund, Transportation Development Act (TDA) funds, and TransNet Funds in the amounts of $11,000, $2750, and $1,320, respectively; and WHEREAS, City staffrecommends that the City apply for a BTA grant to fund the proposed three-part bicycle facilities project as detailed in the City of Chula Vista 2005 Bikeway Master Plan; and WHEREAS, grant requirements include Council certification that matching funds are available and committed for the project; and H:\Allomey\Fin::d ~1Xl7\11" I)7\llcsn-BTA JSI'::mt.d<:x:: 4-10 3-15 Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOL YED that the City Council of the City of Chula Vista does hereby 1. Authorize submittal of a FY 2008-09 Bicycle Transportation Account (BT A) grant application to the California Department of Transportation (Caltrans); and 2. Certify that the City has or will have available, prior to commencement of any work on the projects, the required match. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services Dave Byers Director of Public Works H:\Anomcy\Final Resoli\:2007\12 4. ~BTA 1RfU.do: 4-11 3-16 STATE OF CAT IFOR1'1TA-BUSINESS TRANSPORTATION AND HOT ISING AGENCY ATTACHMENT 2 @ DEPARTMENT OF TRANSPORTATION Local Programs District 11, MS -132 4050 Taylor Street San Diego, CA 921 I 0 PHONE (6l9) 278-3756 FAX (619) 220-5432 Flex your power! Be energy efficient! October 16,2008 Mr. Frank Rivera Principal Civil Engineer Office of Grants Development 367 F Street MS L-100 Chula Vista, CA 91910 Dear Mr. Rivera: Thank you for your interest and participation in the 2008-09 Bicycle Transportation Account (BTA) program. Congratulations the following candidate project was selected for funding: Bicycle Amenities for Co=uters, City of Chula Vista Nineteen projects were approved for funding throughout the State of California. Attached is a complete listing ofBTA projects that were approved for Fiscal Year 2008-09. You may also visit the Local Assistance website that lists the approved funding at: htqJ:/ /www.dot-ca.gOv/ha/LocalPrograms/bta/btawebPage.htrn The BTA program continues and the Department of Transportation is presently solicit- ing a new call for project for Fiscal Year 2009/2010 Bicycle Transportation Account BTA. I encourage your agency to apply for the up-coming FY 2009/2010 BTA call for projects by December 1, 2008. If you have any questions, please contact Luis Z. Medina, Program Coordinator, at (619) 278-3735. Sincerely, ~ ERWIN GOJUANGCO, CHIEF District Local Assistance Engineer "Caitrans improves mobility across California" 3-17 Fiscal Year 2008-09 Bicycle Transportation Account (BTA)Approved Projects OT tHst No. Agency County Project TItle proJed Description aTA $ Locai$ Other $ Tolal $ Paclflc Coast Bike Route - Construct a Class II bikeway on Waterfront Drive f~m G Street 1 1 Clly of Eureka Humboldt Eureka Corridor to J Street. $ 450,000.00 $ 1,595,500.00 $ 784,500.00 $ 2,830,000.00 Davls-Woodland Bikeway Construct a Class II bikeway on County Road 29 from County 3 2 County of Yolo Yolo County Road 29 Segment Road 99 to County Road 99D. . $ 1,091,834.00 $ 170,895.00 $ 385,022.00 $ 1,647,751.00 East Lewelling Boulev8.rd County of Class II Bikeway Design and construct a Class II bikeway on East Lewelling 4 3 Alameda Alameda Improvement Project Boulevard from Meekland Avenue and Hesperlan Boulevard. $ 290,000.00 $ 174,000.00 $ - $ 464,000.00 Purchase and install 6 replacement bicycle lockers for the park- City of Rio Purchase Replacement and-ride facility located near the Intersection of Front Street 4 4 Vista Solano Bicycle Lockers and Main Street. $ 3,600.00 $ 400.00 $ - $ 4,000.00 Design and construct a Class II bikeway on: (1) Sonoma Avenue from Santa Rosa Avenue to Farmers Lanes, (2) City of Santa Sonoma Avenue from Farmers Lane to Hahman Drive, and (3) 4 5 Rosa Sonoma Sonoma Avenue Hahman Drive from Sonoma Avenue to Monlgomery Drive. $ 238,500.00 $ 26,500.00 $ - $ 265,000.00 Commuter Bike Path, Construct a Class I bikeway along the Napa WIne Valley Train 4 6 City of Napa Napa Phase IV right of way from Vallejo Street to Uncqln Avenue. $ 975,140.00 $ 447,000.00 $ 890,000.00 $ 2,312,140.00 Construct a Class I bikeway along the Union Pacific Railroad Railroad Safety Trail: from the San Luis Obispo Amtrak Train Station to Marsh Street City of San San Luis Amtrak Train Station to with bicycle/pedestrian bridges spanning Johnson Street and 2,718,000.00<P 5 7 Luis Obispo Obispo Marsh Street San Luis Obispo Creek. $ 890,000.00 $ 555,600.00 $ 1,272,400.00 $ Cedar Avenue Blcycfe Design and construct a Class II bikeway on Cedar Avenue from 255,150.00<1> 6 8 City of Fresno Fresno Lanes Floradora Avenue to Los Altos Avenue. $ 220,150.00 $ 35,000.00 $ - $ Bike Lanes on Noble & Design and construct Class 11 bikeways on Noble Avenue and 6 9 City of Visa Ii a Tulare Mineral King Mineral King Avenue from Akers Street to Mooney Boulevard. $ 139,500.00 $ 15,500.00 $ - $ 155,000.00 Construct a Class II bikeway on Brand Boulevard from Metrolink railroad tracks to south city limit, 1st Street from Harps Street to Brand Street, and MacNeil Street from 2nd Street to 1st Street. Construct a Class 111 bikeway on 8th Street from west city limits to Pacoima Wash, 7th Street from west cIty limits to Pacolma Wash, Glenoaks Boulevard from west city limits to .east city limits, 5th Street from west city limits to Pacoima Wash, 4th Street from west city limits to Pacoima Wash, 1st Street from west city limits to Harps Street. San Fernando Road from San Fernando Mission Boulevard to east city limits, Hollister Street from Huntington Street to Wolfskill Street, Moll Street from Huntington Street to Wolfskill Street, Moll Street from Workman Street to Wolfskill Street, Orange Grove Avenue from 8th Street to 1 sf Street, Hardi~g Avenue from 8th Street to 1 st Street, Maclay Avenue from 8th Street to San Fernando Citywide 4th Street, Maclay Avenue from 1 st Street to south city limit, . City of San Los Bikeway and Bicycle Brand Boulevard from 8th Street to 4th Street, MacNeil Street 7 10 Fernando Angeles Parking Project from 4th Street to 2nd Street, Workman Street from Truman Str $ 164,123.00 $ 18,447.00 $ - $ 182,570.00 City of Los Construct a bike transit center at the historic Claremont Depot 7 11 Claremont Angeles Claremonf Transit Center (Metrolink Station). $ 495,000.00 $ 55,000.00 $ - $ 550,000.00 Page 1 of 3 ,ell , bl!5t No, Agency Counly Project TItle Project Oescr,ptldn BTA$ Local $ " Olhor$ lolal $ Construct a Class II bikeway on Avenue Scott from Avenue Rockefeller to Rye Canyon Road, and on Avenue Stanford Avenue Scott Bike Lane from Newhall Ranch to Rye Canyon Road. Construct a Class City of Santa Los and Avenue Stanford Bike III bikeway on Avenue Stanford from Ryan Canyon Road to 7 12 Clarlla Angeles Lane IBike Route Avenue Scott. $ 141,723.00 $ 15,749.00 $ - $ 157,472.00 Santa Clara River Bicycle Right of way acquisition for a Class I bikeway gap closure Trail Closure Right-or-Way along the north bank of the Santa Clara River for approximately 7 13 City of Fillmore Ventura Acquisition. 0.1 miles eastward from State Route 23. $ 315,000.00 $ 35,000.00 $ - $ 350,000.00 Construct a Class" bikeway on Alessandro Boulevard from Gap Closure for Aqueduct Graham Street to Heacock Street. Project includes upgrading Bike Trail from the existing traffic signal at the intersection of Alessandro City of Moreno Cottonwood Avenue to Boulevard and Heacock Street with Bike Lagle and pedestrian 8 14 Valley Riverside Bay Avenue push buttons for bicyclists. $ 72,000.00 $ 8,000.00 $ - $ 80,000.00 Construct a Class II bikeway on Frederick Street from Cottonwood Avenue to Bay Avenue and on Bay Avenue from . Gap Closure for Aqueduct Frederick Street to the Aqueduct Bike Trail at Nagai Drive. Bike Trail from Project Includes upgrading the existing'"traffic signal at the City of Moreno Cottonwood Avenue to intersection of Frederick Street and Bay Avenue wfth Bike 8 15 Valley Riverside Bay Avenue 11 Logic and pedestrian push buttons for bicyclists. $ 83,000.00 $ 7,000.00 $ - $ 70,000,00 Design and construct a Class I bikeway along the eastside of c the Whitewater Channel from Vista Chino Drive to 30th Avenue, and a Class II bikeway on 30th Avenue from the (~ Cltyo! Whitewater Channel Bike terminus of the Class I bikeway along the Whitewater Channel 8 16 Cathedral City Riverside Trail. Phase I to Landau Boulevard. $ 315,000.00 $ 35,000.00 $ - $ 350,000.00 Design and construct a bicyc:le {pedestrian bridge spanning the County of Hilmar 8lcycle{Pedestrian Tur10ck Irrigation District Lateral Canal Number 7 at Maria 10 17 Merced Merced Bridge Project Avenue in the community of Hilmar. $ 199,800.00 $ 22,200.00 $ - $ 222,000.00 (1) lnstail Class II and III bikeway sign age at 64 locations throughout the City of Chula Vista. (2) Replace inductive loop system with new video detection camera at 6 signalized intersections throughout the City of Chula Vista. (3) Provide City of Chula Bicycle Amenities for new, or replace existing bus~mounted bike racks on 40 Chula 11 18 Vista San Diego Commuters Vista Transit bUses. $ 135,630.00 $ 15,070.00 $ - $ 150,700.00 Fiscal Year 2008-09 Bicycle Transportation Account (BTA) Approved Projects Page 2 of 3 Cf bis! No. Aglmcy County J:irojed Title Project DesGtipt.bn STA$ Local $ other $ Total $ (Phase I) Construct a 6,000 linear foot Class I bikeway southeasterly along the alignment of an abandoned railroad right of way from State College Boulevard across Birch Street and though the Birch Hills Golf Course to Kraemer Boulevard. (Phase II) Construct a 4,290 linear foot Class I bikeway easterly along the Loftus Flood Control channel from Kraemer Boulevard to the tenninus of the La Floresta perimeter trail near Valencia Avenue. (Phase III) Construct a 8,184 linear foot Class I bikeway westerly along the alignment of an abandoned railroad right of way from State College Boulevard then southerly along the Brea Creek Flood Control channel to Arovista Park. (Phase IV) Construct a 4,224 linear foot Class I bikeway westerly along the alignment of an abandoned railroad right of way from the Brea Creek Flood Control channel 12 19 CIty of Brea Orange Brea Rails to Trails westerly to the city limits. $ 1,000,000.00 $ 10,762.000.00 $ 2,000,000.00 $ 13,762,000.00 Total... $ 7,200,000.00 $ 13,993,861.00 $ 6,331,922.00 $ 26,525,783.00 Fiscal Year 2008-09 Bicycle Transportation Account (BTA) Approved Projects Cl N I C') Page 3 of 3 ATTACHMENT 3 ~ ~ S"J'AlEU1" 1....',1 lJlORNlA-BUSINE';;S TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF LOCAL ASSISTANCE - M.S. 1 1120 N STREET P. O. BOX 942874 SACRAMENTO, CA 94274-0001 PHONE (916) 653-0036 FAX (916) 653-1905 TTY711 emor Flex your power! Be energy efficient! October 20, 2008 Mr. Frank Rivera City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910-2631 Subject: Bicycle Transportation Account Program Dear Mr. Rivera: The following project(s) haslhave been approved for 2008/2009 Bicycle Transportation Account (BTA) funding. Bicycle Amenities for Commuters Enclosed are two original Local Agency - State Agreements for the approved project. Please review sign, and mail one original agreement - preferably within 30 days and no later than 90 days - to the address below. Please retain the second original agreement for your BTA project file. David Priebe Bicycle Facilities Unit, MS-l Division of Local Assistance California Department of Transportation P.O. Box 942874 Sacramento, CA 94274-0001 Please note that failure to return the executed agreement within 90 days may result in cancellation of your project. The deadline for project completion and submittal of final invoices is April 1, 2011. Compliance with this deadline will provide ample time for the Caltrans District Local Assistance Engineer (DLAE) to inspect the completed project, approve the final invoice, and forward it to the Division of Local Assistance for final processing. . "ea/trans improves mobill1jl2closs California" .vIr. Frank Rivera October 20, 2008 Page 2 Please consult the Division of Local Assistance website for a list ofDLAE phone numbers: http://www.dot.ca.gov/hq/LocaIPrograms/dlae.htm If you have questions about the agreement or the BT A program, please contact me by phone at (916) 653-0036 or e-mail atdavid_priebe@dot.ca.gov. Sincerely, "\ ~~j{ DAVID PRIEBE BTA Program Manager Bicycle Facilities Unit Office of Local Program Management Division of Local Assistance Enclosure c: District Local Assistance Engineer "Calrrans improves mobility across California" 3-22 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LOCAL AGENCY - STATE AGREEMENT FOR BICYCLE TRANSPORTATION ACCOUNT PROJECT (LOCAL AGENCY ST ATE AGREEMENT) TO PROVIDE BICYCLE AMENITIES FOR COMMUTERS WHEREAS, an application for Bicycle Amenities for Commuters was submitted in December 2007 for Fiscal Year 2008-09 funding through the California Department of Transportation (Caltrans) competitive Bicycle Transportation Account program. Council approved this application on December 4,2007 by Resolution 2007-271; and WHEREAS, the grant would provide funding of $135,630 for the installation of signage for bike lanes and bike routes, the installation of video detection equipment and the provision of bus mounted bike racks; and WHEREAS, staff received a letter from Caltrans dated October 16, 2008, stating that the City has been awarded a grant of$135,630 for said project; and WHEREAS, staff subsequently received two copies of the Local Agency - State Agreement for Bicycle Transportation Account Project with a letter dated October 20, 2008. The City is required to execute and transmit said agreement within 90 days to Caltrans as a condition of receiving said funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approve the Local Agency - State Agreement for Bicycle Transportation Account Project (Local Agency - State Agreement) to provide bicycle amenities for commuters. Presented by Approved as to form by R.A. Hopkins Director of Engineering H:\ENGINEER\RESOS\Resos2008\J ].ZS.08\FINALS\BT A AgreementREV.doc 3-23 THE ATTACHED AGREEJ\1ENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY CO CIL Bart C. Miesfeld Interim City Attorney Dat'd~l~ b / Local Agency - State Agreement For Bicycle Transportation Account Project Between the City of Chula Vista and The State of California Agreement No. BTA 08/09-11-SD-Ol 3-24 LOCAL AGENCY - ST ATE AGREEMENT For BICYCLE TRANSPORTATION ACCOUNT PROJECT 11 District City of Chula Vista Local Agency Agreement No. BTA 08/09-11-SD-Ol THIS AGREEMENT, made in duplicate entered into effect as of this 1st day of July 2008, by and between the political entity identified above, a political subdivision of the State of California, hereinafter referred to as "LOCAL AGENCY", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and together referred to as "PARTIES" or individually as a "PARTY". WITNESSETH: WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2, Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds (herein referred to as STATE FUNDS) have been allocated to LOCAL AGENCY for the Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and hereafter referred to as "PROJECT"; and Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW THEREFORE, the PARTIES agree as follows: ARTICLE I - Project Administration 1. Tills AGREEMENT shall have no force or effect with respect to PROJECT unless and until it has been fully executed by both STATE and LOCAL AGENCY, 2. EXHIBIT A designates the party responsible for implementing PROJECT, type of work, and location of PROJECT. 3. LOCAL AGENCY agrees to execute and return AGREEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may void AGREEMENT ifnot returned within the ninety (90) day period unless otherwise agreed by STATE in writing. 4. LOCAL AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply with the terms and conditions of this AGREEMENT. 3-~5 5. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed AGREEMENT. 6. Projects allocated with STATE FUNDS from the Bicycle Transportation Account (BT A) will be administered in accordance with the current Bicycle Transportation Account (BT A) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 7. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, LOCAL AGENCY shall provide a full-time employee to be in responsible charge of PROJECT. 8. LOCAL AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 9. The cost of maintenance, security, or protection performed by LOCAL AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 10. LOCAL AGENCY shall design and construct PROJECT in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 11. LOCAL AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 12. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. LOCAL AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM attached hereto as Exhibit B and further agrees that any agreement entered into by LOCAL AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit B (with third party's name replacing LOCAL AGENCY) as parts of such agreement. 13. LOCAL AGENCY shall include in all subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirement that all workers employed on public works aspects of any project (as defmed in California Labor Code ~ 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the LOCAL AGNECY. 2 3-26 ARTICLE II - Rights of Way 1. No contract for the construction of PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, LOCAL AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of right of way by LOCAL AGENCY as provided for herein includes, and is limited to, the following: a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by LOCAL AGENCY. b) The cost of furnishing of right of way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners or remainder real property not actually taken but injuriously affected by PROJECT. c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code Sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d) The cost of demolition and/or the sale of all improvements on the right of way after credit are recorded for sale proceeds used to offset PROJECT costs. e) The cost of unavoidable utility relocation, protection, or removal. f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which LOCAL AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. LOCAL AGENCY agrees to indemnify and hold STATE hannless from any liability that may result in the event the right of way for PROJECT, including, but not limited to, being clear as certified, or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with federal and state laws. LOCAL AGENCY shall pay from its own non-matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to LOCAL AGENCY for the orderly prosecution of PROJECT work. 3-h 4. If PROJECT is not on STATE-owned right of way, PROJECT shall be designed and constructed in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 5. If PROJECT involves work within or partially within STATE-owned right of way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual, Highway Design Manual, and California Manual on Uniform Traffic Control Devices and where appropriate, an executed cooperative agreement between STATE and LOCAL AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. LOCAL AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE right of way or work which affects STATE facilities. ARTICLE 1lI - Engineering 1. LOCAL AGENCY eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. 2. LOCAL AGENCY eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense of personnel working on PROJECT, required materials, and automotive expense provided, however, LOCAL AGENCY shall contribute its general administrative and overhead expense. 4. LOCAL AGENCY employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. 5. LOCAL AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. 4 3-28 6. LOCAL AGENCY shall certify compliance or documentation of Categorical Exemption determination with the applicable provisions of the California Enviromental Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3, Guidelines for Implementation of the California Enviromenta1 Quality Act. ARTICLE IV - Maintenance and Management 1. LOCAL AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, LOCAL AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon LOCAL AGENCY acceptance of the completed construction contract, or upon the contractor(s) being relieved of the responsibility for maintaining and protecting PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership, liability, and expense thereof for PROJECT in a manner satisfactory to the authorized representative of STATE, and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of LOCAL AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, LOCAL AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representative of the ST ATE. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians, as PROJECT reasonably requires. Said operations and maintenance staff may be employees of LOCAL AGENCY, another unit of government, or contractor under agreement with LOCAL AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the completed PROJECT improvements. ARTICLE V - Fiscal Provisions 1. STATE'S financial cornmitment of STATE FUNDS will occur only upon the execution of this AGREEMENT. 2. STATE shall have the right to terminate this AGREEMENT if a contract for construction of PROJECT has not been awarded by LOCAL AGENCY within the first fiscal yea!- in which STATE FUNDS are allocated. 3. STATE shall have the right to terminate this AGREEMENT if PROJECT costs have not been invoiced by LOCAL AGENCY within the first fiscal year in which ST ATE FUNDS are allocated, and as a minimum, to submit invoices at least once every six (6) months thereafter. 3-~9 4. LOCAL AGENCY may submit signed invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the AGREEMENT has been executed by STATE. 5. LOCAL AGENCY agrees to submit a status report within thirty (30) days upon STATE'S request for the report. The PARTIES agree that STATE may void AGREEMENT if the status report is not returned within the thirty (30) day period unless otherwise agreed by STATE in writing. 6. LOCAL AGENCY agrees to complete PROJECT and submit a final invoice by April 1, 2011. STATE shall pay to LOCAL AGENCY the STATE FUNDS share of the actual cost of the PROJECT prior to June 30, 2011, the expiration date of STATE FUNDS included in this PROJECT. 7. Invoices shall be submitted on LOCAL AGENCY letterhead that includes the address of LOCAL AGENCY and shall be formatted in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA) " of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by LOCAL AGENCY. All costs charged to this AGREEMENT by LOCAL AGENCY shall be costs allowable under the California Bicycle Transportation Act. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the coritractors, copies of canceled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 9. Payments to LOCAL AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by LOCAL AGENCY. 10. State will withhold ten (10) percent of the total of all STATE FUNDS for each progress invoice until LOCAL AGENCY submits the [mal invoice. 11. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, the required matching funds, and the ratio of STATE FUNDS to LOCAL AGENCY funds may not be adjusted to cover PROJECT cost increases. LOCAL AGENCY agrees that any increases in PROJECT cost must be defrayed with LOCAL AGENCY'S own funds. 12. LOCAL AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make a final determination of LOCAL AGENCY cost eligibility for STATE FlTNDED financing with respect to claimed PROJECT costs. 6 3-30 13. STATE FUNDS encumbered for PROJECT are available for liquidation only for three (3) years from the beginning of the State Fiscal Year in which the funds were appropriated in the State Budget. STATE FUNDS not liquidated within this period will be reverted unless a Cooperative Work Agreement (CW A) is submitted by LOCAL AGENCY and approved by the Califomia Department of Finance in accordance with Government Code Section 16304. 14. The estimated costs of PROJECT are shown in EXHIBIT A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and [mal project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood that the allocation of STATE FUNDS shall not exceed that shown in EXHIBIT A. 15. In the event LOCAL AGENCY'S final costs of PROJECT are less than said estimate by reason oflow bid or otherwise, the allocation of STATE FUNDS will be decreased in relationship to the percent funded by STATE as shown in EXHIBIT A. 16. Exhibit C defined as the "Certification of State Funding" t=p1ate, shall be made a part of, and completed by STATE, prior to execution of this agreement. 17. Upon written d=and by STATE, any overpayment to LOCAL AGENCY of amounts invoiced to STATE shall be returned to STATE. ARTICLE VI - Audits, Third Party Contracting, Records Retention and Reports 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and LOCAL AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article VI. 2. LOCAL AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line it= for the PROJECT. The accounting system of LOCAL AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles; enable the determination of incurred costs at interim points of completion; and provide support for reimburs=ent payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of LOCAL AGENCY'S contracts with third parties pursuant to Government Code Section 8546.7, LOCAL AGENCY, LOCAL AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited 7 3-31 to, the costs of administering those various contracts. All of the above-referenced parties shall make such AGREEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to LOCAL AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and LOCAL AGENCY shall furnish copies thereof if requested. 4. Any subcontract entered into by LOCAL AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article V, FISCAL PROVISIONS, and this ARTICLE VI, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 5. To be eligible for local match credit, LOCAL AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE V in the same manner that is required of all other PROJECT expenditures. 6. In addition to the above, the pre-award requirements of third-party contractor/consultants with LOCAL AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. ARTICLE VII - Miscellaneous Provisions 1. LOCAL AGENCY agrees to use all PORJECT funds reimbursed hereunder only for Bicycle Transportation Account purposes that are in conformance with Streets and Highways Code Sections 890 through 894.2 and other applicable California laws. 2. LOCAL AGENCY shall conform to all applicable state and federal statutes and Local Assistance Program Guidelines (LPGL) and Local Assistance Procedures Manual (LAPM) as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. Minor changes may be made in the PROJECT as described in Exhibit A upon notice to STATE. No major change, however, maybe made to said PROJECT except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. 8 3-32 . 5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when engaged in the performance ofthis AGREEMENT, shall act in an independent capacity and not as officers, employees, or agents of ST ATE. 6. LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. LOCAL AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by LOCAL AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE'S discretion, to deduct from the price of PROJECT, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code, section 10296, LOCAL AGENCY hereby certifies under penalty of perjury that no more than one final unacceptable finding of contempt of court by a federal court has been issued against LOCAL AGENCY within the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to comply with an order of a federal court that orders LOCAL AGENCY to comply with an order of the National Labor Relations Board. 9. LOCAL AGENCY shall disclose any financial, business or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL AGENCY shall also list current contractors who may have a financial interest in the outcome of PROJECT undertaken pursuant to this AGREEMENT. 10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT initiated under this AGREEMENT. II. LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only for PROJECT work actually performed; or to deduct from PROJECT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question offact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE'S Contract Officer, who may consider any written or verbal evidence submitted by LOCAL AGENCY. The 3-33 decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of a dispute nor its consideration by Contract Officer will excuse the LOCAL AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under, or in connection with any work, authority or jurisdiction of LOCAL AGENCY arising under this AGREEMENT. It is understood and agreed that LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT. 15. Neither LOCAL AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the LOCAL AGENCY and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inv<;rrse condemnation or other theories or assertions ofliability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) LOCAL AGENCY failing to timely proceed with effective PROJECT work in accordance with this AGREEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT, STATE reserves the right to terminate funding for PROJECT upon thirty (30) days written notice to LOCAL AGENCY. 17. No termination notice shall become effective if within thirty (30) days after receipt of a Notice of Termination, LOCAL AGENCY either cures the default involved, or if the default is not reasonably susceptible of cure within said thirty (30) day period the LOCAL AGENCY proceeds thereafter to complete that cure in a manner and timeline acceptable to STATE. 18. Any such termination shall be accomplished by delivery to LOCAL AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt; specifying the reason for the termination; the extent to which funding of work under this AGREEMENT is terminated, and the date upon which such termination becomes effective if beyond thirty (30) days after receipt. During the period before the effective termination date, LOCAL AGENCY and STATE shall meet to attempt to resolve any dispute. If STATE terminates funding for PROJECT with 10 3-34 LOCAL AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY under this AGREEMNT prior to termination, provided; however, LOCAL AGENCY is not in default of the terms and conditions of this AGREEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due LOCAL AGENCY. 19. Tbe "PROJECT" shall be constructed as provided in this AGREEMENT and in accordance with those laws applicable to LOCAL AGENCY. In the case of inconsistency or conflicts, the terms of this agreement shall prevail. 20. Without the written consent of STATE, this AGREEMENT is not assignable by LOCAL AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation By: ~ m;;cJ~ LOCAL AGENCY City of Chula Vista By: KEN McGUIRE, Chief Bicycle Facilities Unit Division of Local Assistance Name: Title: Date: /[) /z../ / tJ 6 Date: 11 3-35 EXIllBIT A PROJECT DESCRIPTION AND COSTS Local Agency: I Agreement No. City of Chula Vista BTA 08/09-II-SD-Ol Project Location: City of Chula Vista Type of Work: 1. Install Class II and III bikeway signage at sixty-four (64) locations and replace inductive loops with video detection cameras at six (6) signalized intersections along the following roadways: . Main Street from Industrial Boulevard to State Route 805 (22 sites) . Industrial Boulevard from L Street to Mail Street (12 sites) . Bay Boulevard fromE Street to J Street (10 sites) . Orange A venue from Palomar Street to Hilltop Drive (12 sites) . Telegraph Canyon Road from State Route 805 to La Media Road (4 sites) . East H Street from Hilltop Drive to Hidden Vista Drive (4 sites) . Gotham Street from Rutgers Avenue to Otay Lakes Road (4 sites) . Bonita Road from Otay Lakes Road to Willow Street (2 sites) 2. Purchase, install and/or replace existing bus-mounted bike racks on forty (40) Chula Vista Transit buses. Length: 8.65 miles Funding Engineering! Right of Way Construction Total Cost Percent Source Design Acquisition Contr'act BTA $7,000 $0 $128,630 $135,630 90.00% Local $11,500 $0 $3,570 $15,070 10.00% Other $0 $0 $0 $0 Total $18,500 $0 $132,200 $150,700 100.00% 3-~6 EXHIBIT B FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM 1. In the performance of this AGREEMENT, LOCAL AGENCY will not discriminate against any employee for employment because of race, sex, sexual orientation, religion, age, ancestry, national origin, pregnancy leave, or disability leave. LOCAL AGENCY will take affirmative action to ensure that employees are treated during employment, without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical or disability leave. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. LOCAL AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided ST ATE setting forth the provisions of this Fair Employment section. 2. LOCAL AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code 9 1290-0 et seq.), and, the applicable regulations promulgated thereunder (Cal. Code Regs. Title 2, 97285.0, et seq.) The applicable regulations of the Fair Employment and Housing Commission Implementing Govermnent Code, section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the LOCAL AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. LOCAL AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. The Contractor will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for purposes of investigation to ascertain compliance with the Fair Employment section of this AGREEMENT. 5. Remedies for Willful Violations: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which LOCAL AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that LOCAL AGENCY has violated the Fair Employment Practices Act and has issued an order under Labor Code, section 1 3-37 1426 which has become final or has obtained an injunction under Labor Code, section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this AGREEMENT either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services hereunder shall be borne and paid for by LOCAL AGENCY and by the surety under the performance bond, if any, ST ATE may deduct from any moneys due or thereafter may become due to LOCAL AGENCY, the difference between the price named in the AGREEMENT and the actual cost thereof to STATE to cure LOCAL AGENCY'S breach of this AGREEMENT. 2 3-38 EXHIBIT C CERTIFICATION OF STATE FUNDING I hereby certify upon my own knowledge that budgeted funds are available for this encumbrance. Accounting Officer Date Funding p"- r 10 /1 /03 f / 35, h 30,00 ( Fund Chapter Statues Item Fiscal Year Program BC Category Source BTAFunds 268 2008 2660-101-0045 2008/2009 2030010660 C 220000 T $135,630 Expenditure Authorization Number: 50-957200-30287 Encumbrance Document Number I Charge District I Expenditure Authorization I SUBJOB BTA30287-00 I 50 I 957200 I 30287 I 3-39 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING BICYCLE TRANSPORTATION ACCOUNT (BTA) FUNDS FOR FISCAL YEAR 2008/2009 IN THE AMOUNT OF $135,630, AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $15,070 ($11,000 FROM THE TRAFFIC SIGNAL FEE FUND, $2,750 FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA) FUND, AND $1,320 FROM TRANSNET FUNDS) TO CIP PROJECT TF369, THREE PART BICYCLE FACILITIES IMPROVEMENT; AND AMENDING THE FISCAL YEAR 2008/2009 CIP PROGRAM WHEREAS, an application for Bicycle Amenities for Commuters was submitted in December 2007 for Fiscal Year 2008/20009 funding through the California Department of Transportation (Caltrans) competitive Bicycle Transportation Account program. Council approved this application on December 4, 2007, by Resolution 2007-271; and WHEREAS, the grant would provide funding of $135,630 for the installation of signage for bike lanes and bike routes, the installation of video detection equipment and the provision of bus mounted bike racks; and WHEREAS, the City stated that it would provide $15,070 in matching funds as follows: $11,000 from the Traffic Signal Fee Fund, $2,750 from Transportation Development Act (TDA) funds, and $1,320 from Transnet funds (currently allocated to TF332 Signing and Striping Program). Sufficient funds are available to provide these amounts; and WHEREAS, staff received a letter from Ca1trans dated October 16, 2008, stating that the City has been awarded a grant of$135,630 for said project; and WHEREAS, staff has set up a new Capital Improvement Program (CIP) Project, TF369, Three Part Bicycle Facilities Improvement, in order to implement this project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista accepts and appropriates Bicycle Transportation Account (BT A) funds for Fiscal Year 2008/2009 in the amount of $135,630, authorizes the transfer of funds in the amount of $15,070 ($11,000 from the Traffic Signal Fee Fund, $2,750 from the Transportation Development Act (TDA) Fund, and $1,320 from Transnet funds), and amends the FY2008/2009 CIP program. Presented by Approved as to form by R.A. Hopkins Director of Engineering H;\ENGlNEER\RESOS\Resos2008\1 \_25_08\FINALS\BTA Granl AcceplanceREV,doc 3-40 CITY COUNCIL AGENDA STATEMENT ~ ('f:. CITY OF ~ - (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: NOVEMBER 25, 2008, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $3,900 IN DONATIONS FROM THE WAL"MART FOUNDATION, AT&T, THE OT A Y LAND COMPANY, LLC, AND PACIFIC TRUST BANK AND AMENDING THE FISCAL YEAR 2008/2009 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,900 IN UNANTICIPATED REVENUE FROM THE DONATIONS ffl DIRECTOR OF RECREATION ~ NATURE CENTER\:f!:j INTERIM CITY MANAGER "7) DEPUTY CITY MANAGERW 4/5THS VOTE: YES ~ NO D SUMMARY The Recreation Department has received a total of $3,900 in donations from W AL-MART Foundation ($2,000), AT&T ($1,200), Otay Land Company LLC ($500) and Pacific Trust Bank ($200) specifically designated to offset costs of the Department's recreational programming for youth at Lorna Verde and Otay Recreation Centers. ENVIRO!'oMENTAL 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 because it does not involve a physical change to 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. BOARDS/COMMISSION RECOMMENDATION Not applicable. 4-1 NOVEJ\1BER 25 2008, Item~ Page 2 of2 DISCUSSION As part of the City's Budget Reduction Plan approved by City Council on December 4, 2007, funding for operations at the various City recreation centers was significantly reduced, thereby severely impacting the Recreation Department's ability to offer free or low-cost recreational programming. Funding was solicited and received from AT&T, Otay Land Company LLC and Pacific Trust Bank specifically for teen programming at Lorna Verde Recreation Center and from WAL-MART Foundation for the Halloween Haunted House and general programming at Otay Recreation Center. The $1,900 in donations for teen programming at Lorna Verde Recreation Center will cover both personnel and supplies and services for several teen dances and dodge ball nights and the $2,000 in donations for Otay Recreation Center will cover supplies and services related to the Halloween Haunted House and general recreation programming. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no such holdings within 500' of the properties which are the subject of this action. FISCAL IMPACT There is no net impact to the General Fund. The $3,900 in donated funds needs to be appropriated to the Recreation Department budget to offset the cost of personnel and supplies and services associated with the programs. ATTACHMENTS None. Prepared by: Brian Cox, Principal Recreation Manager, Recreation Department 4-2 RESOLUTION NO. 2008- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $3,900 IN DONATIONS FROM THE WAL-MART FOUNDATION, AT&T, THE OTAY LAND COMPANY, LLC, AND PACIFIC TRUST BANK AND AMENDING THE FISCAL YEAR 2008/2009 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,900 IN UNANTICIPATED REVENUE FROM THE DONATIONS WHEREAS, the Recreation Department has received a total of $3,900 in donations to offset costs of the Department's recreational programming for youth at Lorna Verde and Otay Recreation centers; and WHEREAS, the Recreation Department has received $2,000 from the Wal-Mart Foundation, $1,200 from AT&T, $500 from the Otay Land Company, LLC, and $200 from Pacific Trust Banle NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: I. That it accepts $3,900 in donations from the Wal-Mart Foundation, AT&T, the Otay Land Company, LLC, and Pacific Trust Banle 2. That it amends the Fiscal Year 2008/2009 Recreation Department Budget by appropriating $3,900 in unanticipated revenue from the donations. Presented by Approved as to form by LI~ ..t2- j~fJ ~-u Bart Miesfeld {/ ' Interim City Attorney Buck Martin Director of Recreation and Nature Center 4-3 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: NOVEMBER 25,2008, Item$ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A.\1ENDING THE FISCAL YEAR 2008/2009 BUDGET BY APPROPRlATING $19,293 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND TO THE RECREATION DEPARTMENT BUDGET FOR SPORTS CAMPS PROGRAM EXPENDITURES, APPROPRlATING $36,000 IN UNANTICIPATED, PROJECTED REVENUES TO THE RECREATION DEPARTMENT BUDGET DIRECTOR OF RECREA Tlof1j INTERIM CITY MA1'{AGER ~ r DEPUTY CITY MANAGER ~ 4/STHS VOTE: YES 0 NO D SUMMARY Salt Creek Recreation Center will be offering new basketball, volleyball and indoor soccer sports camps for youth ages 8-14 during Chula Vista Elementary School District (CVESD) and Sweetwater Union High School District (SUHSD) school intersession breaks during March, April and June of 2009. Requested funding will cover personnel, supplies and services costs of the programs offset by registration fees charged to participants. 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 because it does not involve a physical change to 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. 5-1 NOVEMBER 25,2008, Iteml Page 2 of2 BOARDS/COMMISSION RECOMMENDATION - Not applicable DISCUSSION The new sports camps for ages 8-14 being proposed for Salt Creek Recreation Center will take place during CVESD and SUHSD spring and summer intersession breaks in March, April, June and July of 2009. Camps will run in the morning and/or afternoons and will include basketball, volleyball, indoor soccer and others as interest demands. The counselor to participant ratio will be maintained at 1: 1 0, with a Recreation Specialist in charge of each camp. Training for camp staff, including the Recreation Specialists, Leaders and Aides, will precede each camp. The counselor to participant ratio allows the Department to adjust staffing to enrollment levels and ensures that offset of all direct costs through registration fees is maintained for FY '09 by reducing personnel and supplies and services expenditures accordingly if enrollments fall short of projected levels. Revenue and expenditure figures provided are based on the conservative estimate of 40 participants per session. Previous camps offered at Salt Creek have averaged 60 participants. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no such holdings within 500' of the properties which are the subject of this action. FISCAL IMPACT Participant registration fees 'will completely offset the total direct costs of the Sports Camp Program during FY 2008/2009 and FY 2009/2010 combined. For FY 2008/2009, $19,293 will be appropriated from available fund balance in the General Fund to the Recreation Department budget for the Sports Camps Program and $36,000 in unanticipated revenue derived from registration fees charged to participants in the Sports Camps Program will be budgeted. The disparity in net impact to the General Fund for the two fiscal years is due to the fact that the majority of registration revenue for the camps occurring during July ofFY '10 will actually be received and credited during June of FY '09, while the majority of expenditures, particularly for personnel, for these same camps will be incurred during July ofFY '10. Sports Camps Program Cost Registration Revenue - ($19,293) $36,000 ($29,628) $44,000 Net 1m act to General Fund $16,707 ($2,335) $14,372 ATTACHMENTS - None Prepared by: Brian Cox, Principal Recreation Manager, Recreation Department 5-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A.J.\1ENDING THE FISCAL YEAR 2008/2009 BUDGET BY APPROPRIATING $19,293 FROM THE A V AILABLE FUND BALANCE IN THE GENERAL FUND TO THE RECREATION DEPARTMENT BUDGET FOR SPORTS CA.J.\1PS PROGRAM EXPENDITURES AND APPROPRIATING $36,000 IN UNANTICIPATED, PROJECTED REVENUES TO THE RECREATION DEPARTMENT BUDGET WHEREAS, the Salt Creek Recreation Center will be offering new basketball, volleyball and indoor soccer sports camps for youth ages 8-14 during Chula Vista Elementary School District (CVESD) and Sweetwater Union High School District (SUHSD) school intercession breaks during March, April and June of2009; and WHEREAS, the counselor to participant ratio will be maintained at 1:10, with a Recreation Specialist in charge of each camp; and WHEREAS, the Recreation Department will reduce personnel and supplies and services expenditures accordingly if enrollments fall short of projected levels. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: I That it amends the Fiscal Year 2008/2009 budget by appropriating $14,383 from the available fund balance in the General Fund to the Recreation Department personnel budget for Sports Camps Program expenditures. 2. That it amends the Fiscal Year 2008/2009 budget by appropriating $4,910 from the available fund balance in the General Fund to the Recreation Department supplies and services budget for Sports Camp Program expenditures. 3. That it appropriates $36,000 in unanticipated projected revenues to the Recreation Department budget. Presented by Approved as to form by Buck Martin Director of Recreation and Nature Center .~ tL_~~,-- Bart Miesfeld Interim City Attorney 5-3 CHULA VISTA REDEVELOPMENT AGENCY AGENDA STATEMENT NOVEMBER 25,2008, Item h ITEM TITLE: A. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY ACCEPTING A $400,000 COMMUNITY-WIDE BROWNFIELDS ASSESSMENT GRANT FROM US EPA FOR SOUTHWEST CHULA VISTA; AND AMENDING THE FISCAL YEAR 2009 REDEVELOPMENT AGENCY BUDGET AND APPROPRIATING $175,000 OF EPA GRANT FU1'<'DS FOR BROWNFIELDS ASSESSMENT ACTIVITIES SUBMITTED BY: REVIEWED BY: B. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY APPROVING A TWO-PARTY AGREEMENT FOR PROFESSIONAL SERVICES WITH SCS ENGINEERS TO ASSIST IN THE IMPLEMENTATION OF THE FIRST STAGE OF THE US EPA COM.MUNITY-WIDE BROWN"FIELDS ASSESSMENT GRANT AND AUTHORIZING THE INTERIWM EXECUTIVE DIRECTOR TO EXECUTE THE AGREE~T -'/. ASSISTANT DIRECTOR OF REDEVELOPMENT & HOU ING INTERIM CITY MANAGER Y 4/STHS VOTE: YES 0 NO D SUMMARY The Chula Vista Redevelopment Agency (RDA) has been selected by US EP A to receive $400,000 in grant funds to inventory, characterize, assess, and plan for the cleanup and redevelopment of contaminated properties known as "brownfields" sites in Southwest Chula Vista. Grant funds will facilitate the creation and marketing of a brownfie1ds program and will provide free brownfields services to property and business owners in the area. Brownfields services will assist owners in addressing environmental roadblocks that may be hindering business growth and expansion or improved uses of their properties. 6-1 November 25, 2008 Item _k_ Page 2 of4 ENVIRONMENTAL REVIEW The recommended RDA actions are exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b )(3) of the State CEQA Guidelines. RECOMMENDATION Agency adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION On June 12, 2008, Redevelopment & Housing staff made an informational presentation to the Chula Vista Redevelopment Corporation (CVRC) about the RDA's notice of selection for the EPA grant. On November 13, 2008, the CVRC received an informational memo updating the Board on the status of the grant work plan. DISCUSSION EP A Brownfields Grant One of the major programs that a redevelopment agency can undertake is the assessment, cleanup, and redevelopment of contaminated sites known as "brownfields" properties. Successful brownfields programs, however, require a significant investment of upfront resources, including both time and money. To secure "seed money" for creating a brownfields program in Chul. Vista, Redevelopment & Housing staff prepared and submitted. propos.llast year to US EP A to receive federal grant dollars. In 2008, US EP A ,awarded a total of $74 million in grant funding to 1,255 nationally competitive recipients located in 43 states across the country. The Chul. Vista Redevelopment Agency was one of those recipients and was selected by US EPA to receive two Community-wide Brownfields Assessment grants. During a three-year period, the grants will provide $200,000 to assess properties for hazardous substances and another $200,000 to assess properties for petroleum contaminants. The $400,000 in combined funds will facilitate the creation and marketing of . brownfields program in Southwest Chula Vista and will provide free brownfields services to property and business owners in the area. Brownfields services will assist owners in addressing environmental roadblocks that may be hindering business growth and expansion or improved uses of their properties. The study area for the grant is the entire seven-square mile area of Southwest Chula . Vista, consistent with the General Plan's Southwest Planning Area boundaries and the geographic focus of the City's community building efforts in the Southwest (Southwest United in Action). Successful implementation of the EP A grant will provide much-needed assistance and relief to property owners and small businesses in Southwest Chula Vista and lead to greater funding opportunities in the future, including other federal and state grants. Future funding and November 25, 2008 Item 'f.z, Page 3 of 4 Seeding a Local Program EP A Community-wide Assessment Grants provide funding for the following activities: . Property, business owner, and community outreach and involvement. . Development of an area-wide inventory (e.g., GIS database) ofbrownfields properties in the study area. . Phase I Environmental Site Assessments of candidate brownfields properties. . Phase II Environmental Site Assessments of candidate brownfields properties. . Remediation and reuse planning of candidate brownfields properties. . Compliance with EP A grant requirements. The EP A's intent for these grants is for local communities to use the funds to "seed" local brownfields programs that can be sustained into the future. Likewise, it is staff s intent to use the RDA's EPA grant funds to create a sustainable program that can provide ongoing fmancial and environmental benefits to propertylbusiness owners and the general community. Since EP A Assessment Grants can only be used to study brownfields properties and cannot be used to physically clean up sites, strategic implementation of the grants is necessary to help local communities identify and secure additional funding for remediation activities. Staff is therefore proposing to collaboratively work with an experienced environmental consultiog team to develop a comprehensive strategic approach to the assessment grant that will ultimately provide the greatest level of assistance to property and business owners. Environmental Site Assessments A preliminary work plan for the grant was submitted to EP A in June and is attached to this report as Attachment 2. The work plan proposes to conduct Phase I assessments for approximately 24-30 properties in the area. A Phase I involves historical research of past land uses on a site and interviews with owners/personnel to determine the likelihood that the site is a brownfields property. The work plan then proposes to conduct Phase II assessments for up to 10 properties, based on the Phase I fmdings and other criteria. A Phase II involves the collection and testing of physical material (e.g., soil, groundwater) from a site to determine the extent of contamination. No specific sites have been identified for assessment under the grant. SCS Engineers To help the RDA carry out these extremely technical tasks, staff initiated an intensive, two-month long RFQ/P process in July for an environmental consulting firm to assist the RDA in the implementation of the first stage of the grant. Area-wide Inventory -4 Phase I Assessments -4 Phase II Assessments -4 Cleanup & Reuse Planning /'''-.. ./ \.... STAGE I STAGE II 6-3 November 25,2008 Item ~ Page 4 of 4 Staff reviewed proposals from 11 reputable firms and held interviews with six. A three-member interview panel was convened consisting of two Redevelopment & Housing staff and a community relations expert from the County of San Diego's Health & Human Services Agency. SCS Engineers was selected by the panel as the top firm for recommendation to the RDA. The team at SCS Engineers possesses in-depth experience, skills, and other qualifications that are unique to EP A grants and the strategic challenges of creating a new brownfields program from the ground-up. 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)(!) is not applicable to this decision. FISCAL IMPACT There is no net impact to either the Redevelopment Agency Fund or City General Fund. A match of City/RDA funds is not required. Over three years, the grant will provide $400,000 in revenues to pay for contractual services, supplies (e.g., flyers, FAQs), and travel for training and conferences. Funds will be drawn down on a reimbursement basis. For Fiscal Year 2009, $175,000 of the total $400,000 are proposed to be appropriated to the Redevelopment Agency budget for the first stage of grant implementation through June 30, 2009. Grant activities for Fiscal Year 20 I 0 and 20 II will be appropriated through the regular budget process. ATTACHMENTS I. Draft Two-Party Agreement with SCS Engineers for Professional Services 2. Preliminary Grant Work Plan (Submitted to EP A in June 2008) Prepared by: Ken Lee, Principal Project Coordinator, Redevelopment & Housing 6-4 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL f74Z JJ-l '/, Bart C. Miesfeld Interim City Attorney Dated: 1/ /q /08 / I Agreement Between The City of Chula Vista Redevelopment Agency and SCS Engineers for Professional Services and Assistance in The First Stage of US EP A Brownfields Grant Implementation 6-5 ATTACHMENT 1 Agreement between Chula Vista Redevelopment Agency and SCS Engineers for Professional Services and Assistance in the First Stage of US EPA Brownfields Grant Implementation This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: RECITALS \VHEREAS, one of the major programs that a redevelopment agency has the authority and tools to undertake is the assessment, cleanup, and redevelopment of contaminated sites known as "brownfields" properties; and \VHEREAS, the United States Environmental Protection Agency ("US EPA") provides grant funding to local communities to help them establish brownfields programs aimed at addressing environmental health risks and barriers to economic development activities; and \VHEREAS, in 2007, Redevelopment Agency staff submitted a proposal to US EPA to compete for EPA's Community-wide Brownfields Assessment Grant program which provides federal funding to inventory, characterize, assess, and plan for the cleanup and reuse of multiple brownfields sites in large study areas and maj or corridors; and \VHEREAS, in 2008, US EPA awarded a total of $74 million in grant funding to 1,255 nationally competitive recipients located in 43 states across the country and the Chula Vista Redevelopment Agency was one of the recipients selected to receive two Community-wide Brownfields Assessment grants totaling $400,000 in federal funding; and WHEREAS, tasks and activities under the grant include the creation of an area-wide inventory of brownfields properties, Phase I Environmental Site Assessments, Phase II Environmental Site Assessments, remediation and reuse planning, and grant management and reporting; and WHEREAS, the RDA issued a Request for QualificationslProposals on July 25, 2008 in search of an environmental consulting firm to assist in the implementation of the first stage of the grant; and 6-6 WHEREAS, tasks and aCTIVItles under the . fIrst stage of the grant include propertylbusiness owner and connunity outreach, the creation of an area-wide inventory of brownfields properties, Phase I Environmental Site Assessments, and grant management and reporting; and WHEREAS, bids were received from II highly competitive fIrms, interviews were held with six of those fIrms, and SCS Engineers was selected by an interview panel as the reconnended contractor for the fIrst stage of the EP A grant; and WHEREAS, the consulting team from SCS Engineers possesses in-depth experience, skills, and other qualifIcations that are unique to EP A Connunity-wide Brownfields Assessment Grants; and WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Service Provider to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. (End of Recitals. Next Page starts Obligatory Provisions.) 6-7 Page 2 (Obligatory Provisions Pages) NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defmed Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of Care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 6-8 Page 3 F. Insurance Consultant must procure insurance against claims for inj uries 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 Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of 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. (4) Professional Liability or Errors & Ornissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 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: 4. Professional Liability or Errors & Omissions 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 projectllocation 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 $1,000,000 each occurrence 6-9 Page 4 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing 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: (I) 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 Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, 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 Consultant's General Liability insurance coverage must be prilllary 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) The 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 indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant'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. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. 6-10 Page 5 (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. 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 Consultant 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 or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subject to all of the requirements included in these specifications. G. Security for Performance (I) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://wwv.:.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be 6-11 Page 6 accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (2) Letter of Credit In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. H. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by CODSultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than 6-12 Page 7 monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph l7(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in tbis Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6-13 Page 8 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a [mancial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant leanls of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents tbat neitber Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of 6-14 Page 9 any property which may be the subject matter of the Defmed Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or fIrms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnifIcation shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnifIcation provisions should be utilized: 6-15 Page 10 (1) Indemnification and Hold H=less Agreement With respect to. any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and nold h=less the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold h=less shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold h=less the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manoer Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, CitY shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City 6-16 Page II greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. II. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defmed Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as maybe limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the marmer and means of performing the services required under this Agreement. City maii::1tains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, 6-17 Page 12 social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute ansmg out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing'party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or docUment, or participates in the preparation of a report or document in performing the Defmed Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be 6-18 Page 13 deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been. taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) 6-19 Page 14 Signature Page to Agreement between City of Chula Vista and SCS Engineers for Professional Services and Assistance in the First Stage of US EPA Brownfields Grant Implementation IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form: Bart Miesfeld, Interim City Attorney Dated: SCS En~ee By: I Exhibit List to Agreement (x) Exhibit A (x) Exhibit B 6-20 Page 15 Exhibit A to Agreement between City of Chula Vista and SCS Engineers 1. Effective Date of Agreement: 2. City-Related Entity: ( ) City of Chula Vista, a municipal chartered corporation of the State of California (x) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: SCS Engineers 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (x) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 8799 Balboa Avenue, Suite 290 San Diego, CA 92123 Voice Phone: (858) 571-5500 Fax Phone: (858) 571-5357 6-21 Page 16 7. General Duties: Assist the Redevelopment Agency in implementing specified tasks outlined in the detailed Scope of Work (Exhibit B) and as set forth under the Redevelopment Agency's preliminary work plan submitted to US EPA in June 2008, including but not limited to: (1) Design and implement a strategy for propertylbusiness owner and community outreach; (2) Develop a comprehensive area-wide inventory; (3) Develop criteria for prioritizing and selecting candidate sites for Phase I Environmental Site Assessments; (4) Conduct Phase I Environmental Site Assessments for 24 to 30 sites in the study area selected through designated criteria; (5) Assist in completing reporting requirements to US EP A under the grant; and (6) Research and advise the Redevelopment Agency of additional grant opportunities to fund remediation activities. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Refer to Exhibit B. B. Date for Commencement of Consultant Services: (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable Description Dates/Time Limits I-A Property/Business Owner Outreach & Participation March 30, 2009 Strategy l-B Public Participation Training Materials March 30,2009 I l-C i Outreach and Marketin <} Materials April 30, 2010 ! 2-A Database Report April 30, 2009 i , 2-B GIS Data Files and Maps i July 30, 2009 I 3-A Grant Participation System i July 30, 2009 3-B Site Selection Report I October 30, 2009 4-A Phase I Assessment Reports March 30,2010 5-A EP A Reports April 30, 2010 D. Date for completion of all Consultant services: June 30, 2010 9. Materials Required to be Supplied by City to Consultant: Any current or historical information that will assist Consultant in the development of a comprehensive area-wide inventory, preparation of Phase I Environmental Site Assessments, and other tasks and activities specified in Exhibit B. 6-22 Page 17 10. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fIxed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliv'erable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Admiriistrator designated herein by the City, or such other person as the City Manager shali designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim . advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fIxed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase 1. 2. 3. Fee for Said Phase $ $ $ 6-23 Page 18 ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be retmned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. c. (x) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay . Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) (x) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defmed Services herein required of Consultant for an amount not to exceed $162,000, including all Materials, and other "reimbursables" ("Maximum Compensation"). The not-to-exceed limitations per task, as defmed in Exhibit B, are as follows: -Task I - I Not-to-Exceed Description Limitation I PropertylBusiness Owner Outreach & Participation Strategies $ 13,910 2 Comprehensive Area-wide Inventory of Brownfields $ 22,530 , Properties i 3 I Grant Participation System, Inventory Filtering, $ 8,108 PropertylBusiness Owner and Co=unity Outreach, and Site Selection 4 Phase I ESAs $ 109,661 , 5 EP A Reporting Requirements $ 5,775 I 6-24 Page 19 I 6 Additional Consultant Responsibilities $ 2,016 TOTAL $162,000 (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Project Manager Principal-in-Charge Quality Assurance Manager Professional Geologist/GIS Enviro=ental Professional Regulatory Agency Liaison Senior Enviro=ental Professional T echrncal Editor Drafter Administrative Assistant Community Outreach Specialist Communication Specialist Name ofConsultant(s) Nicki Field Daniel Johnson Christopher Spengler Tom Wright Cristobal Ramirez, Andrew Zahurak Chuck Pryatel Robert Gutzler and, Ryan Marcos Betty Malkowski Suzan Villarino Robin Love, Sita Brooke, Brenda Vanegas Lewis Michaelson, Katz & Associates Jessica Young, Katz & Associates Hourly Rate $ 95 $ 175 $ 130 $ 95 $ 85 $ 130 $ 130 $ 70 $ 70 $ 60 $ 195 $ 75 ( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay in providing services is caused by City. II. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. () Reports, not to exceed $ () Copies, not to exceed $ 6-25 Cost or Rate $ $ Page 20 () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ $ $ $ $ $ $ $ $ 12. Contract Administrators: City: Eric Crockett, Assistant Director, Redevelopment & Housing Consultant: Daniel Johnson, Vice President 13. Liquidated Damages Rate: ( ) $ ( ) Other: per day. 14. Statement of Economic bterests, Consultant Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.1. Investments and sources of income. ( ) Category No.2. bterests in real property. ( ) Category No.3. bvestments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. bvestments in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. bvestments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. 6-26 Page 21 ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: Lewis Michaelson, Katz & Associates 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (x) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (x) End of the Month ( ) Other: C. City's Account Number: 27240-6301 18. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ 6-27 Page 22 . ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ( ) Retention Amount: $ % Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: 6-28 Page 23 EXHIBIT B CITY OF CHULA VISTA6 Redevelopment 'C",:' &Housing SCOPE OF SERVICES for Professional Services from SCS Engineers for Stage I of the 2009-2011 EPA CO=unity-wide Brownfields Assessment Grant PURPOSE & OBTECTIVES This Scope of Services outlines the tasks, schedule, and budget by which SCS Engineers ("Consultant") will assist the Redevelopment Agency in impl=enting the first stage of the Agency's 2009-2011 US EP A Co=unity-wide Brownfields Assessment Grant. The geographic scope of the grant is Southwest Chula Vista, encompassing approximately seven square miles of territory. The objectives of this first stage of the grant are: To craft a comprehensive strategy and program for conducting outreach and public participation with property owners, business owners, and the general public within the study area; . To develop a comprehensive area-wide inventory of contaminated properties in the study area; . To implement a comprehensive outreach and public participation strategy with property and business owners in the area who would benefit from participation in the grant program; To develop criteris for prioritizing and selecting candidate sites for Phase I Enviro=ental Site Assessments (ESAs) that will be conducted by the Consultant under the grant; . To conduct Phase I ESAs for 24 to 30 sites in the study area selected through appropriate criteria; and . To complete any and all reporting requirements to EPA under the grant. BACKGROUND The City of Chula Vista has not historically had a comprehensive brownfields program in place to provide financial and informational resources to decision-makers, staff, property/business owners, and the public about how to address environmental hazards and obstacles to urban revitalization. In an effort to "seed" a brownfields program in the City and lay the foundation for revitalization activities in Southwest Chula Vista, the Redevelopment Agency submitted a proposal to EP A for two Co=unity-wide Brownfields Assessment Grants. One proposal was submitted for hazardous substances assessments, and the other was submitted for petroleum assessments. In May 2008, the EP A notified the Agency that it was selected to receive both grants, each for $200,000, totaling $400,000 of grant funds to assist the Agency in creating a brownfields grant program for Southwest Chula Vista. The Agency's goal for the grant program is to create a voluntary brownfields program in Southwest Chula Vista that provides cooperative funding for the Agency to partner with property and business owners to address enviro=entalliabilities impairing the productive use or reuse of their properties 6-29 EP A COMMUNITY-WIDE BROm;FlEWS ASSESSMENT GRANT - STAGE I EXHIBIT B: SCS Engineers Scope of Services Page 2 and/ Or creating a financial bUIden on the property owner. The Consultant, including any subcontractors approved by Agency staff, will assist the Agency in crafting and implementing a program that meets the Agency's goals and objectives for the grant. SCOPE OF SERVICES The scope of professional services that the Redevelopment Agency is seeking from the Consultant is as follows. TASK 1: PROPERTY/BUSINESS OWNER OUTREACH & PARTICIPATION STRATEGIES 1.1 W orkin~ Session: Facilitate and participate in a working session with staff to develop a comprehensive strategy for: Marketing and outreach for the grant program to property and business owners. Developing cooperative partnerships with property and business owners in the grant study area. Establishing a syst= for how the _Agency and property/business owners will approach one another regarding interest in participation in the grant program. Communicating appropriate types and levels of information to the general public. 1.2 Training: Develop and provide training to Agency staff and Consultant field staff on communication strategies with property/business owners and the general public on the grant program. 1.3 Outreach & Marketing;: Work with Agency staff to develop outreach and marketing materials in English and Spanish, including a fact sheet and frequendy asked questions document. 1.4 On~oin~ As-Needed Consultation: On an ongoing, as-needed basis, provide consultative services to Agency staff on issues related to property/business owner and public participation. DELIVERABLES: 1-A Property /Business Owner Outreach & Participation Strategy 1-B Public Participation Training Materials 1-C Outreach and Marketing Materials (e.g., fact sheet, F AQ) 6=-~O EP.A COMMUNITY-WIDE BRGWNFIELDS AsSESSMENT GRANT - STAGE I EXHIBIT B: SCS Engineers Scope of Services Page 3 TASK 2: COMPREHENSIVE AREA-WIDE INVENTORY OF BROWNFIELDS PROPERTIES 2.1 Database Search & Report: Conduct a comprehensive database search and prepare a Database Report that contains a review of p=i.tted and leaking USTs, hazardous substances/petroleum products use and storage, waste generation, landfills, "Superfund" sites (state and federal), and precursor Superfund sites. 2.2 Limited Site Reconnaissance: Conduct limited site reconnaissance of commercial and industrial facilities within designated areas and business corridors of the study area to observe and document existing site conditions. Reconnaissance shall be conducted from public right-of-ways and shall include documentation of the evidence of present or past land uses that may have involved the storage, use, or disposal of hazardous materials or wastes, including the presence of indicators of such uses, including, but not limited to above-ground and underground storage tanks, hazardous materials/waste, active/inactive landfills, fuel dispensers, chemicals and raw materials, transformers and other sources of polychlorinated biphenyls (PCBs), pits, sumps, dry wells, catch basins, drums, large areas of staining or discolored soil or concrete, and stressed or dead vegetation. Results of the reconnaissance shall be contained in the Database Report. 2.3 Historical Screening: Conduct a limited historical screening, using city directories (e.g., phone books) and local resources (e.g., Chula Vista Heritage Museum), of past land uses that have or may have impacted properties. Results of the historical screening shall be contained in the Database Report. 2.4 GIS: Translate the results of the area-wide inventory and Database Report into a data format that can be integrated with the City's existing Geographic Information Systems (GIS) software and filtered according to a variety of potential ranking factors (e.g., location in redevelopment area, estimated level of contamination). Consultant shall correlate all data to the correct Assessor Parcel Number (APN) to facilitate appropriate GIS integration. Any GIS data layers submitted to the Agency shall be constructed in a recognized GIS format, preferably an ESRI format such as a Shapefile, Personal Geodatabase, or File Geodatabase. All GIS layers must also be submitted in State Plane Coordinate System NAD83 (Zone 6). DELIVE~'\BLES: 2-A Database Report 2-B GIS Data Files and Mapsh TASK 3: GRANT PARTICIPATION SYSTEM, INVENTORY FILTERING, PROPERTY/BUSINESS OWNER AND COMMUNITY OUTREACH, AND SITE SELECTION 3.1 Grant Participation Svstem: Based on the results of Task 1, work with Agency staff to construct a system or process for establishi::lg and managing different tiers of 6':"~-1 EP_A. COMMUNITY-WIDE BROWNFIELDS ASSESSMENT GR.<NT - STAGE I EXHIBIT B: SCS Engineers Scope of Services Page 4 candidate properties that may be eligible for participation in the grant program. The tiers of candidate properties shall be based on criteria (e.g., property/business owner willingness, site conditions) that shall be jointly defined by Agency staff and the Consultant. 3.2 InventoI;y Filtering: Work with Agency staff to filteI the results of the Area-wide Inventory (Task 2) using agreed upon criteria. Based on the result:s of Task 1 and the Grant Participation Syst= (Task 3.1), the results of the filtering process should identify and populate different tieIs of candidate properties. 3.3 Property /Business Owner Outreach: Conduct outreach and marketing to property/business owners in accordance with the Property/Business Owner Outreach & Participation Strategy developed under Task 1. Based on the outcomes of Task 1, conduct community outreach as appropriate and necessary. 3.4 Site Selection & E1ig;ibilit;y: Based on the results of all previous tasks (Tasks 1.1-3.3), select 12-15 hazardous substance sites and 12-15 petroleum sites for Phase I Environmental Site Assessments ("ESAs"). Consultant shall prepare Property Profile Forms ("PPFs") for all sites and work with Agency staff to ensure that the sites are eligible for participation in the grant program under EP A's eligibility requirements. 3.5 Site Selection Report: Prepare a written Ieport documenting the site selection processing, including the Iationale for filtering and selection and input from property/business owneIS and the general public. DELIVERAJ3LES: 3-A . Grant Participation System 3-B Site Selection Report TASK 4: PHASE I ESAs 4.1 Phase I ESAs: Conduct Phase I ESAs on all approved sites in accordance with: (1) Environmental Protection Agency, 40 CFR Part 312, Standards and Practices for All Appropriate Inquiries (MI), Final Rule; and (2) ASTM Standard PIactice for Environmental Site Assessments: Phase I Environmental Site Assessment Process E 1527-05. Phase I ESAs will include the following subtasks: 4.1.1 Site and Site Vicinitv Reconnaissance: Reconnaissance to observe and document existing site and site vicinity conditions, including the evidence of present ox past land uses that may have involved the storage, use, or disposal of hazardous materials or wastes. 4.1.2 Interviews: Interviews with peIsonnel, including past and present owners, opexators, and occupants, including completion of an Environmental 6--=32 EP A COMMUNITY-WIDE BROWNFIELDS _c\SSES&'JENT GRANT - STAGE I EXHIBIT B: SCS Engineers Scope of Services Page 5 Questionnaire and Disclosure Statemen:. 4.1.3 ReguhtoJ;y Agency Record Review: Review of available regulatory agency files (e.g., RWQCB, IW!vffi, DEH, Cal-EPA, US EPA, tribal records, FiIe Department, Building Division) to assess the possible impacts to the site from on- and off-site sources of hazardous materials. 4.1.4 Historical Aerial Photograph and Land Use Review and Water ~uality Survey: Review available historical and recent aerial photographs to assess possible historical sources of introduction of hazardous materials/wastes to each site. Also review other available documents and reports that may have a bearing on historical land uses, including, but not limited to, historical USGS topographic maps, historical city diIectories, chain-of-title reports, and building pennits. Also review available information regarding the topography, geology,. hydrogeology, soils, flow diIection, and depth of groundwater. 4.1.5 Additional RequiIements: Provide information with the purpose of qualifying for one. of the CERCLA fubility protections offered by the Small Business Lability Relief and Brownfield. Revitalization Act of 2002, 40 CPR Part 312. 4.2 Assessment Report: Upon completion of each Phase I ESA under Task 4.1, evaluate the information and format it into a report for each site. Each report shall include: An assessment of the likelihood that a recognized environmental condition exists at the site from current or historical site land use, or from a known and reported offsite source. Figures and color photographs depicting cw:rent site and site viCl1llty conditions and items from potential concern. Opinions, conclusions, and recommendations, if appropriate. DELIVER.-\.BLES: 4-A Phase I Assessment Reports TASK 5: EPA REpORTING REQUIREMENTS 5.1 . EPA Reports: Prepare regular reports the Agency is requiIed to submit to EPA on a quarterly or as-needed basis. Reports will include, but are not be limited to, Quarterly Progress and Budget Reports, Property Profile Forms, MBE/WBE Reports, Annual Financial Status Reports, and all other forms and documents that the Agency must submit to the EP A for compfunce with the conditions of the grant. 5.2 ACRES Assistance: Assist Agency compfunce with EP A's new requiIement for project and Property Profile Form data to be electronically inputted into EP A's Assessment, Cleanup & Redevelopment Exchange System (ACRES) database. 6":'~3 EPA COMMUNITY-WWE BRO~s_ASSESSME,'lT GRANT - STAGE I EXHIBIT B: SCS Engineers Scope of Services Page 6 DELIVERABLES: 5-A EP A Reports TASK 6: ADDITIONAL CONSULTA.c'lT RESPONSIBILITIES: 6.1 Brownfields Grants Rese:arch: Support Agency sellch efforts for additional grant funding opportunities for the remedi:ation of contaminated properties (e.g., EP A cleanup/RLF grants, DTSC grants, RWQCB grants, Proposition 1C CALReUSE monies). Depending on eligibility requirements, the Agency may seek consultant support in the prepllation of applications for the procurem=t of these funds. 6.234 ATTACHMENT 2 Brownfields Assessment Grants 2009-2011 Hazardous Substances & Petroleum Work Plan A. Recipient Title Redevelopment Agency of the City of Chula Vista B. Backuound The target community is the Southwest portion of Chula Vista, California, a city of over 223,000 residents that is located twelve miles south of Downtown San Diego, and five miles north of the international border with Mexico. Much of Southwest Chula Vista, including many parts located in the City's Southwest Redevelopment Project Area, was historically unincorporated until it was annexed to the City in 1985. While unincorporated, development patterns fluctuated in piecemeal fashion and resulted in incompatible land use mixes that pose health risks to the community due to the close proximity of residential neighborhoods, parks, and schools to industrial properties, many of which are assumed to be brownfields sites. Existing data indicates that Southwest Chula Vista is impacted by more than 300 facilities that use/generate hazardous substances/wastes and petroleum products, approximately 39 facilities that are reported to have leaking underground storage tanks releases, and numerous emergency response instances where a hazardous substance was spilled. Southwest Chula Vista's historic character, ethnic diversity, strong residential communities, and increasing private investment, however, give it potential to grow into a more vibrant, safe, healthy, and sustainable community. The assessment grants will benefit the target community by: Increasing community awareness and education about the risk that brownfields pose to public health and safety. Increasing attention on incompatible land uses and resulting health risks. Attracting new businesses and investment and creating jobs to address unemployment. Focusing attention on the highest-polluting and highest-risk sites, to have the greatest impact on public health indicators such as asthma. Preserving the Otay River Valley, which is a sensitive habitat area, and is the largest open space resource available for residents of Southwest Chula Vista and the region. Stimulating increased tax increment revenues from new development in the Southwest Redevelopment Project Area, which can be used to fund critical infrastructure improvements in the area and improve walkability. Increasing redevelopment activities and resulting tax increment revenues, which will increase funds available for affordable housing to assist low-income families and address displacement issues. Facilitating improvements to walkability to help reduce rates of childhood obesity and diabetes. Improving water and air quality in the community. Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum Page 1 of 11 6-35 This work plan proposes a community-oriented approach to identifying, prioritizing, and selecting sites in Southwest Chula Vista for conducting Phase I and Phase II environmental site assessments (ESAs), and developing preliminary feasibility studies and remedial action plans for high priority sites. Agency staff will seek to forge partnerships with public health organizations and advocates to engage residents, property owners, and businesses, and collaboratively identify criteria for site selection. The Agency will also cooperatively work with stakeholders to create strategies and tools for public awareness and education about the connection between brownfields and public health, and the benefits of brownfields cleanup and redevelopment. C. Goals and Obiectives a. EP A Strategic Plan This project supports EPA's Strategic Plan and GPRA Goal 4: Healthy Communities and Ecosystems, Objective 4.2 Communities - Sustain, Clean Up, and Restore Communities and the Ecological Systems that Support Them, Sub-objective 4.2.3 Assess, Clean Up and Redevelop Brownfields. Outputs: Work plan deliverables, property profile forms Outcomes: Give number of assessments, inventory, and if known, the number of acres that will be ready for reuse, dollars leveraged, and number of jobs created. b. Project Goals I Project Goals! Hazardous 'I Petroleum Grant TOTAL Substances Grant Area-wide Inventorv2 $8,100 $7.300 $15.400 Community Outreach & Site $11,100 $10,300 $21,400 Selection3 12-15 Phase I ESAs ner Grant $64,100 $69,300 $133,400 Qualitv Assurance Plan(s) $4,000 $4,000 $8,000 i Un to 5 Phase II ESAs ner Grant $105,600 $102,800 $208.400 I Cleanup & Redevelopment $7,100 $6,300 $13,400 I Planning I Health Monitoring of I Priority Sites TOTAL $200,000 $200,000 ' $400,000 1 Agency staff directly involved in the managing the grants will attend EP A Brownfields conferences and training during the grant period. 2 A GIS inventory and Property Profile Forms will be prepared as part of the Area-wide Inventory. 3 \Vill include contractual services for Spanish transiationlinterpretation. Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum Page 2 of 11 6-36 D. Tasks Task 1 - Project Management and Planning a. Task Description Pre-award and Task I activities that will be conducted by the Redevelopment Agency's Brownfields Team will include: I. Development of a comprehensive Community Outreach & Involvement Strategy for implementing the grants, including: Marketing and public awareness campaigns and materials about brownfields, public health risks, and the benefits of the EP A grants. Stakeholder engagement strategies for involving impacted and interested stakeholders in the process (e.g., criteria setting, site selection). Outreach and communication strategies for establishing cooperative processes with property owners and businesses. 11. Pre-award notification and early community outreach with existing stakeholder organizations, including public health officials and advocates. This activity will include the creation of a web page on the City's "Clean" campaign web site (htto://www.chulavistaca.20v/clea!][) for posting information and materials about the grant process. The Redevelopment Agency will also attend a neighborhood convention on June 21, 2008 sponsored by "Southwest United in Action," a City-involved grassroots effort to build leadership and capacity in the community to effectuate change. The Redevelopment Agency will gather community input on neighborhood priorities for public health and safety, including key locations or areas of priority (e.g., schools, parks). Ill. Development of one or more Requests for Proposals/Qualifications for assistance in conducting/preparing: An area-wide inventory and GIS survey (Task 2) Marketing, outreach, presentation, and educational tools and materials (Task 3) Phase I investigations (Task 4) Quality Assurance Plans (Task 5) Phase II investigations (Task 6) Cleanup, redevelopment, and health monitoring plans (Task 7) b. Task Budget Cost: Hazardous Substances Grant $ 0 Petroleum Grant $ 0 TOTAL $ 0 c. Schedule Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum Page 3 of 11 6-37 Task Start Date: Immediate Task Completion Date: 2009 Q I d. Deliverables One or more RFP/Qs for professional consultant services Outline summary of Community Outreach & Involvement Strategy Pre-award notification summary and materials, including flyers and other distribution materials Task 2 - Area-wide Inventory and Property Profile Forms a. Task Description An area-wide inventory will be created consisting of existing and potential brownfield sites in Southwest Chula Vista. The inventory will document property data, business activities, petroleum use, past releases of petroleum (LUSTs), and funding eligibility. The area-wide inventory will provide a foundation for site selection of priority sites through the Community Outreach & Involvement Strategy. The inventory will also be integrated into the City's existing GIS database so that City personnel and property owners can use the inventory in land use planning, issuing permits, assessing threats to public health, prioritizing redevelopment efforts, and tracking any conditions, controls, or restrictions on a property due to envirorunental conditions. Property Profile Forms will be completed for EPA review. b. Task Budget Cost: Hazardous Substances Grant Petroleum Grant TOTAL $ 8,100 $ 7.300 $ 15.400 c. Schedule Task Start Date: Immediate Task Completion Date: 2009 Q2 d. Deliverables Area-wide inventory list Property Profile Forms Update on GIS database integration Progress report on community outreach and involvement Task 3 - Community Outreach Chula Vista Assessment Grants Wark Plan: Hazardous Substances & Petroleum Page 4 of 11 6-38 a. Task Description A comprehensive Community Outreach & Involvement Strategy will be developed to engage as many stakeholder segments of the community as possible, and to ensure that information from the brownfields inventory, assessments, and cleanuplredevelopment plans are appropriately communicated to residents, property owners, businesses, and other impacted and interested stakeholders. A major advantage in Southwest Chula Vista is the newly created (2008) "Southwest United in Action" community strengthening program, which shares the same geographic focus as the Brownfields Grant. The purpose of Southwest United in Action is to build leadership and capacity in the community for the purpose of leveraging resources to address community needs and issues. Community-based focus groups will be formed to address specific action areas, including health and safety. These focus groups will be the primary vehicles of communication for the Redevelopment Agency to outreach to and collaborate with the Southwest community on the grant and public health concerns. Additional efforts will also be made to specifically engage property owners and businesses. Together, Southwest United in Action and property/business owners will be asked to help the Redevelopment Agency and its consultant(s) establish criteria and prioritize sites for assessment under the grants. English- Spanish translation of materials and interpretation services at meetings will be provided whenever possible. During the pre-award period, the Redevelopment Agency is engaging discussions with public health officials and advocates to seek partnerships in community outreach efforts on brownfields and the grants. The Redevelopment Agency will also be coordinating with City conservation- and environmental-oriented Departments to brand and market the grants program. These Departments and several non-governmental conservation organizations have already collaboratively created and launched the "Clean Campaign," the tag line of which is: "Your Community. Your Environment. Your Choice." Brownfields and the assessment grants are aligned with the goals of existing programs under the Clean Campaign (e.g., water quality, storm water runoff, habitat conservation). A brownfields web page will be created under the Clean Campaign banner and web site: http://www.chulavistaca.2:ov/cleanlDefault.asp. The Clean Campaign's stakeholder working group will also be used as one of possibly several technical advisory bodies for the assessment grants. b. Task Budget Cost: Hazardous Substances Grant Petroleum Grant TOTAL $ 11,100 $ 10.300 $ 21,400 c. Schedule - Community Outreach Task Start Date: IIrunediate Task Completion Date: 2011 Q4 (Grant Completion) d. Deliverables Community involvement plan Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum Page 5 of 11 6-39 .. F act sheets, flyers, and other outreach materials Notes from outreach meetings Printed pages from outreach web site Task 4 - Site Selection, Site Approval, and Phase I ESAs a. Task Description The Community Outreach & Involvement Strategy will outline the process for site selection. Based on data from the area-wide inventory, the Redevelopment Agency will work with stakeholders to collaboratively establish criteria for and select 12 to 15 sites per grant for Phase 1 ESAs. 12 to 15 Phase I ESAs will be conducted under the Hazardous Substances Assessment Grant. 12 to 15 Phase 1 ESAs will also be conducted under the Petroleum Assessment Grant. Examples of criteria for the selection of priority sites include properly owner goals and interests, proximity and potential level of threat to sensitive receptors or areas (e.g., schools, parks/playgrounds, senior facilities, sensitive habitat areas), and potential public benefits of remediation and redevelopment. All Phase I ESAs will be conducted by a Qualified Environmental Professional in accordante with the EPA's All Appropriate Inquiries (AAI) Final Rule. Phase 1 ESAs will include historical records searches to determine ownerships of sites, previous usage of sites, possible sources of contamination, site visits, interviews, and, in some case, limited sampling. If no significant concerns are identified, Phase II ESAs for some sites may not be necessary. b. Task Budget Cost: Hazardous Substances Grant Petroleum Grant TOTAL $ 64,100 $ 69.300 $ 133,400 c. Schedule Task Start Date: 2009 Q3 Task Completion Date: 2010 Q2 d. Deliverables: Criteria list List of selected sites Phase I (AAI) reports Task 5 - Quality Assurance a. Task Description Chula Vista Assessment Grants Wark Plan: Hazardous Substances & Petroleum Page 6 of 11 6-40 A Quality Assurance Project Plan and/or Sampling and Analysis Plan (SAP) and Health and Safety Plan (HSP) will be prepared and submitted to EP A. The QAPP or SAP must be approved by EP A prior to the start of field sampling/Phase II ESAs (Task 6). b. Task Budget Cost: Hazardous Substances Grant Petroleum Grant TOTAL $ 4,000 $ 4.000 $ 8,000 c. Schedule Task Start Date: 2010 QI Task Completion Date: 2010 QI d. Deliverables Draft!Final QAPP/SAP Task #6 - Conduct Phase II Activities a. Task Description Based on the results of the Phase I ESAs, including Recognized Environmental Conditions (RECs), the Redevelopment Agency will work with property owners and stakeholders to collaboratively establish criteria and select up to five sites per grant for Phase II ESAs. Up to five Phase II ESAs will be conducted under the Hazardous Substances Assessment Grant. Up to five Phase II ESAs will also be conducted under the Petroleum Assessment Grant. Examples of criteria for the selection of priority sites include property owner goals and interests, proximity and potential level of threat to sensitive receptors or areas (e.g., schools, parks/playgrounds, senior facilities, sensitive habitat areas), and potential public benefits of remediation and redevelopment. Phase II ESAs will involve sampling performed at the sites to confirm the location and identity of RECs. b. Task Budget Cost: Hazardous Substances Grant Petroleum Grant TOTAL $ 105,600 $ 102.800 $ 208,400 c. Sched ule Task Start Date: 2010 QI Task Completion Date: 201 1 Q2 Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum Page 7 of 11 6-41 d. Deliverables Criteria list List of selected sites ASTM Phase II reports Task 7 - Cleanup & Redevelopment Planning / Health Monitoring of Priority Sites a. Task Description Based on the area-wide inventory, Phase I ESAs, Phase II ESAs, and community input, the Redevelopment Agency will prepare cleanup and redevelopment strategies for high priority sites. The strategies will include feasibility studies for cleanup and redevelopment, including the ability to secure and pool funding sources for remediation. b. Task Budget Cost: Hazardous Substances Grant Petroleum Grant TOTAL $ 7,100 $ 6.300 $ 13,400 c. Schedule Task Srart Date: 2011 Ql Task Completion Date: 2011 Q3 d. Deliverables Cleanup and redevelopment strategies Health monitoring reports (where applicable) Task 8 - Reporting Activities a. Task Description Regular Reporting: The Redevelopment Agency will comply with reporting requirements in the grant conditions and will also consult with EP A Project Officer, Glenn Kistener, on project- specific reporting needs. The Redevelopment Agency will provide regular reports to EP A, including Quarterly Progress Reports, MBEAVBE Reports, and Annual Financial Status Reports. Quarterly Reports will generally follow the format of the approved work plan. It will include a list, by project task and budget category, of expenses that will be invoiced and/or have been invoiced during the reporting period. The Quarterly Report will also include a description of cumulative expenditures to date by project task and budget category. The quarterly budget summaries will include information on recipient's cost share. Property Profile Forms (PPFs) will be submitted initially with the relevant Quarterly Report. An updated PPF will be submitted each quarter thereafter. The Redevelopment Agency will submit quarterly reports and PPFs electronically where at all possible. The Redevelopment Agency will be responsible for Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum Page 8 of 11 6-42 inputting project and PPF data into the USEP A Assessment, C [eanup & Redevelopment Exchange System (ACRES) database. This database will be viewed and updated quarterly, if needed. Final SummarY Report: The Redevelopment Agency will write a final summary report describing the initial goals and objectives of the brownfields grant, accomplishment of the goals and objectives, and any changes implemented. The report will highlight lessons learned and clearly describe future tasks which will be necessary to complete the cleanup and development of the sites. The report will describe resources leveraged during the project (other than the EP A grant), how they were used, and any resources leveraged to continue the project after the expiration of the brownfields grant. The report will include any supporting assessment documents or summaries not previously provided. The Final Summary Report will also include a final property profile (OMB NO. 2050-0192). Proiect Closeout: The Redevelopment Agency will comply with closeout requirements in the Terms and Conditions of the Cooperative Agreement. b. Task Budget Cost: Hazardous Substances Grant $ 0 Petroleum Grant $ 0 TOTAL $ 0 c. Schedule Project Start Date: 2008 Ql Project Completion Date: 2011 Q4 (Grant Completion) d. Deliverables Quarterly progress reports Property Profile Forms Final Summary Report Field reports, if applicable Annual Financial Status Reports (FSR) Final FSR MBE/WBE Utilization Reports E. Schedule of Milestones & Deliverables Chula Vista Assessment Grants Wark Plan: Hazardous Substances & Petroleum Page 9 of 11 6-43 Fiscal Quarter Quarterly Milestones and Deliverables Due with Year (Q) Report Due Quarterly Report Status 2009 1st Jan 30th . RFP/Qs for professional consultant services . Outline summary of Community Outreach & Involvement Strategy . Pre-award notification summary and materials, including flyers and other distribution materials 2009 2nd April 30th . Area-wide inventory list . Property Profile Forms (PPFs) . Update on GIS database integration . Progress report on community outreach 2009 3'" Julv 30th . Progress report on community outreach 2009 4tn Oct. 30th . Progress report on community outreach 2010 1st Jan 30th . Draft/Final QAPP/SAP . ProITess report on community outreach 2010 2nd April 30th . Criteria list for Phase I ESAs . List of selected sites for Phase I ESAs . Phase I (AAI) reports . . ProITess report on community outreach 20]0 3'0 Julv 30m . Progress report on community outreach 20]0 4th Oct. 30tn . ProITess report on community outreach 20] ] )st Jan. 30 . Progress report on community outreach 20] ] 2m! April 30th . Criteria list for Phase II ESAs . List of selected sites for Phase II ESAs I . ASTM Phase II reports I . PrOITess report on community outreach 1 , 2011 3ra July 30m . Cleanup and redevelopment strategies . Health monitoring reports (where applicable) . Progress report on community outreach 2011 4tn Oct. 30m . Final Summary Report Ongoing -- n . Annual Financial Status Reports (FSRs) I . MBE/WBE Utilization Reports Page 10 of 11 Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum 6-44 .. If you anticipate costs in the Equipment budget category, please consult with your EP A Project Officer. Indirect costs (shaded) are ineligible expenses under the Brownfields Assessment Program. Eligible construction costs (shaded) must be allocated under the Contractual budget category. . The new Brownfields Legislation prohibits the use of any part ofa grant or loan for the payment of an administrative cost. EP A has made a distinction between prohibited administrative costs and allowable programmatic costs. . Administrative Costs: Indirect costs including salaries, benefits, supplies, etc for activities that are not directly related to the work conducted under the cooperative agreement. . Proerammatic Costs: Costs for activities (including the portion of salaries andfringe) that are integral to achieving the purpose of the grant. These include: . Inventorying, characterizing and assessing sites . Reports and Deliverables (e.g., Quarterly Reports and Financial Status Reports) . Community outreach activities . Travel, training, reference materials and contract support Chula Vista Assessment Grants Work Plan: Hazardous Substances & Petroleum Page 11 of 11 6-45 RESOLUTION NO. 2008- RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY ACCEPTING A $400,000 COMMUNITY-WIDE BROWNFIELDS ASSESSMENT GRANT FROM US EP A FOR SOUTHWEST CHULA VISTA; AND AMENDING THE FISCAL YEAR 2009 REDEVELOPMENT AGENCY BUDGET AND APPROPRIATING $175,000 OF EPA GRANT FUNDS FOR BROWNFIELDS ASSESSMENT ACTIVITIES WHEREAS, one of the major programs that a redevelopment agency has the authority and tools to undertake is the assessment, cleanup, and redevelopment of contaminated sites known as "brownfields" properties; and WHEREAS, the United States Environmental Protection Agency (US EPA) provides grant funding to local communities to help them establish brownfields programs aimed at addressing environmental health risks and barriers to economic development activities; and WHEREAS, in 2007, Redevelopment Agency staff submitted a proposal to US EPA to compete for EPA's Community-wide Brownfields Assessment Grant program which provides federal funding to inventory, characterize, assess, and plan for the cleanup and reuse of multiple brownfields sites in large study areas and major corridors; and WHEREAS, in 2008, US EP A awarded a total of $74 million in grant funding to 1,255 nationally competitive recipients located in 43 states across the country and the Chula Vista Redevelopment Agency was one of the recipients selected to receive two Community-wide Brownfields Assessment grants totaling $400,000 in federal funding; and WHEREAS, a match of Redevelopment Agency or City funds is not required for the grant; and WHEREAS, EPA grant funds are disbursed on a reimbursement-only basis and, as such, expenses will initially be paid from the Redevelopment Agency Fund Balance and reimbursed from the Brownfields Assessment Grants Fund on a monthly or quarterly basis; and WHEREAS, sufficient funds are and will be available in the Redevelopment Agency Fund Balance to initially pay for expenses under the grant and subsequently be reimbursed from the Brownfields Assessment Grants Fund. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Agency does hereby: !. That it accepts $400,000 in US EPA grant funds for Community-wide Brownfields Assessments in Southwest Chula Vista; and 6-46 Resolution No. 2008- Page 2 2. That it amends the Fiscal Year 2009 Redevelopment Agency Budget and appropriates $175,000 of EP A grant funds for brownfields assessment activities. Presented by Approved as to form by Eric C. Crockett Assistant Director of Redevelopment & Housing art Miesfe d Interim General Counsel 6-47 RESOLUTION NO. 2008- RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY APPROVING A TWO-PARTY AGREEMENT FOR PROFESSIONAL SERVICES WITH SCS ENGINEERS TO ASSIST IN THE IMPLEMENTATION OF THE FIRST STAGE OF THE US EPA COMMUNITY-WIDE BROWNFIELDS ASSESSMENT GRANT AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT WHEREAS, the Chula Vista Redevelopment Agency (RDA) has been awarded a three- year, $400,000 US EP A Community-wide Brownfields Assessment Grant for the Southwest Chula Vista study area; and WHEREAS, tasks and activities under the grant include the creation of an area-wide inventory of brownfields properties, Phase I Environmental Site Assessments, Phase II Environmental Site Assessments, remediation and reuse planning, and grant management and reporting; and WHEREAS, the RDA issued a Request for Qualifications/Proposals on July 25, 2008 in search of an environmental consulting firm to assist in the implementation of the first stage of the grant; and WHEREAS, bids were received from 11 highly competitive firms, interviews were held with six of those firms, and SCS Engineers was selected by an interview panel as the recommended contractor for the first stage of the EP A grant; and WHEREAS, the consulting tearn from SCS Engineers possesses in-depth experience, skills, and other qualifications that are unique to EPA Community-wide Brownfields Assessment Grants; and WHEREAS, the proposed two-party agreement for professional services provides for compensation not-to-exceed a total of $153,000, and sets forth task-specific not-to-exceed amounts for specified tasks and deliverables. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Agency does hereby: 1. Approve a two-party agreement for professional services with SCS Engineers to assist in the implementation of the first stage of the RDA's EPA Community-wide Brownfields Assessment Grant. 2. Authorize the Interim Executive Director to execute the two-party agreement. 6-48 Resolution No. 2008- Page 2 Presented by Eric C. Crockett Assistant Director of Redevelopment & Housing 6-49 Approved as to form by Counsel CITY COUNCIL AGENDA STATEMENT ~\(f~ CITY OF ~CHULA VISTA 11/25/08, Item i SUBMITTED BY: PlJBLIC HEARING TO CONSIDER WANING DEFECTS IN THE BID RECENED FOR THE "SEWER REHABILITATION PROGRAM-PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007/2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (SW250B)" PROJECT PER CITY CHARTER SECTION 1009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A WANING DEFECTS IN THE BID, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SEWER REHABILITATION PROGRAM-PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007 /2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (SW250B)" PROJECT TO BURTECH PIPELINE, INC. IN THE AMOUNT OF $574,176.50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF AVAILABLE SEWER FACILITY REPLACEMENT FUNDS INTO "SEWER REHABILITATION PROGRAM - PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007/2008 VARIOUS LOCATIONS IN THE CITY OF C~A VISTA (SW250B)" DIRECTOROFENGINEERIN~ DIRECTOR OF PUBLIC WORKS ~r ITEM TITLE: REVIEWED BY: ~ INTERIM CITY MANAGER 7/ 4/5THS VOTE: YES 0 NO [gJ SUMMARY On October 15, 2008, the Director of Engineering received three sealed bids for the "Sewer Rehabilitation Program - Phase 2, Fiscal Year 2005/2006 to Fiscal Year 2007/2008 various locations in the City of Chula Vista (SW250B)" project. The project will replace existing broken sewer mains and laterals, repair cracked sewer lines, and replace asphalt concrete pavement in various locations throughout the City. ENVIRONMENTAL REVIEW 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 I categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA 7-1 11/25/08, Item L Page 2 of 4 Guidelines because the project involves repairing and replacing where necessary, existing sewer facilities. Thus, no further environmental review is necessary. RECOMMENDATION Council conduct the public hearing and adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On April 15, 2008, City Council awarded the Sewer Rehabilitation Program - Phase I (SW240A) project (Resolution 2008-096) to KTA Construction, Inc. Due to staffing constraints, the annual rehabilitation project was broken into two phases for ease of management. Currently, the Sewer Rehabilitation Program-Phase I is nearing the completion of its contract. For Phase I, eighty- five percent (85%) of the repairs were located within the west side of Chula Vista and the remaining fifteen (15%) percent were located in the east side ofI-805 Freeway. With Phase I nearing completion, staff prepared documents for the construction of Phase 2. Locations for Phase 2 are based on the results of compiled data inspections, including those performed with a closed circuit television camera. From these data inspections, a list of sewer mains in need of the rehabilitation was recommended. Certain sections of pipe are cracked and need to be replaced, repaired or relined to prevent groundwater infiltration or leaching of raw sewage into the ground. Also, a number of the sewer access manholes were identified by the Public Works Department as requiring replacement. The general scope of the project involves the replacement of existing broken sewer mains and laterals, the installation of pipe lining to repair cracked sewer lines, the replacement of sewer access holes, trenching, and asphalt concrete pavement. This annual project will include all labor, material, equipment, tools, transportation, mobilization, control of sewage flows, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work necessary for the project. The locations and types of work to be done for Phase 2 of the annual Sewer Rehabilitation program are detailed in Tables A through C (Attachment I). The method used for the rehabilitation of the City's sewer mains and laterals employs a cure in placement procedure. This method is a specialty liner designed to seal connections on lined pipe less than 24 inches in diameter. It is a fiberglass laminate fully impregnated with an ultra violet curing resin which is installed using equipment that inflates and pushes the liner into the connection, leaving a 2 to 3-inch brim in the main pipe. Installed from inside the main pipeline after lateral reopening, it provides a watertight seal at the connection. It also stops infiltration of ground water, which can cause overloading of treatroent plants and ex-filtration of sewer water into the ground. On October 15, 2008, the Director of Engineering received three bids for the "Sewer Rehabilitation Program - Phase 2, Fiscal Year 2005/2006 to Fiscal Year 2007/2008 various locations in the City of Chula Vista (SW250B)" project. All proposals were contingent upon a base bid and one additional alternate bid to rehabilitate five manholes (located at Harnden Dr., E St./Landis Ave., 2 on Otay Lakes Rd. west ofSt. Claire Dr, ReislinglChardonnay Terrace). Staff 7-2 .. 11/25/08, Item~ Page 3 of 4 carefully analyzed the three bids submitted and determined that while all three bids contained minor errors, the apparent low bidder's mathematical error favors the City's interest and was not significant. Burtech Pipeline, Inc., the apparent low bidder, submitted a letter acknowledging its $220.50 mathematical error, agreed to their submitted value (Attachment 2) and will honor the lump sum bid price as submitted. Tonight's action will award the contract contingent upon the submitted total base bid price. The bids from the three contractors are: CONTRACTOR TOTAL Burtech Pipeline, Inc. - Encinitas, CA $574,176.50 Southwest Civil Contracting, Inc. - San Marcos, CA $715,094.00 MJC Construction - Chula Vista, CA $949,945.00 The low bid by Burtech Pipeline, Inc. of $574,176.50 is $63,878.50 (10%) below the Engineer's estimate of $638,075. The Engineer's estimate was based on average prices for similar types of work completed during the last two years. Staff believes this action would benefit the City in the form of saving the City more than $141,000. This Contractor has done previous work for the City and all work was found to be satisfactory. All references checked were verified and references confirmed that the Contractor's work has been satisfactory. The Contractor's License Number is 718202 and is current and active. After reviewing the low bid, staff recommends awarding a $574,176.50 contract to Burtech Pipeline, Inc. of Encinitas, California. The locations of the proposed work are located throughout the City. Fifty-eight percent (58%) of the repairs are located within the west side of Chula Vista and the remaining forty-two (42%) percent are located in the east side ofI-805 Freeway (Attachment 3). Approval of this resolution will authorize an inter-project transfer and authorize City staff to expend all available funds and increase the value of the contract as necessary due to unforeseen circumstances. Unforeseen circumstances may cause an increase in quantities beyond what was anticipated during the preparation of the project specifications. Due to the age of the City streets in the western part of the City, "unforeseen circumstances" may occur during the removal of the existing sewer mains and excavation occurring within the street. Field conditions could also differ from the proposed improvement plans and specifications. As a result, additional material may be required to rehabilitate the project site, which could lead to possible "Change Orders" to the contract. This is a typical situation with all sewer rehabilitation projects built in this area. According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works Operations, City Council approval is required. Under said City Council Policy the amount would be $43,192.36. However, approval of tonight's resolution will increase the Director of Public Works Operations' authority to approve change orders as necessary up to the contingency amount of $64,000. If this money is not used during construction, the unexpended funds will be redistributed back to the appropriate original funding source. Wage Statement The contractors who bid on this project were not required to pay prevailing wages to persons employed by them for the work performed under this project. A "Notice to Contractors" was sent to various trade publications in order to encourage disadvantaged businesses to bid on the proj ect. 7-3 11/25/08, Item~ Page 4 of 4 Disclosure Statement Attached is a copy of the Contractor's Disclosure Statement (Attachment 4). DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets, water, sewer, storm drainage or similar facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations Sections I 8704.2(b)(2) and 18705.2(b)(1). FISCAL IMPACT Sufficient Sewer Facility Replacement funds were previously appropriated under Fiscal Year 2007/2008 and Fiscal Year 2008/2009 Capital Improvement Program (CIP) budgets for sewer rehabilitation projects. It is proposed that these funds be combined and transferred into the "Sewer Rehabilitation Program - Phase 2 Fiscal Year 2005/2006 to Fiscal Year 2007/08 various locations in the City of Chula Vista (SW250B)" project to perform the required work. FUNDS REOUIRED FOR CONSTRUCTION A. Contract Amount $574,176.50 B. Contingencies (approximately 11%) $64,000.00 C. Staff Costs from the contract amount: Design Staff (10%) $57,222.00 Construction Inspection (15%) $86,126.50 TOTAL $ 781,525.00 FUNDS AVAILABLE FOR CONSTRUCTION Available Balance: A. Sewer Facility Replacement funds FY 2007/2008 (SW250) $653,125 Inter-Project Transfers to SW250: Sewer Facility Replacement funds FY 2008/2009 (SW255) $128,400 TOTAL $ 781,525.00 Upon completion of the project, the improvements will reqUITe only routine City sewer maintenance. ATTACHMENTS 1. Table A through Table C of work to be done 2. Burtech Pipeline, Inc. letter 3. Plats of work locations to be done 4. Disclosure Statement from Burtech Pipeline, Inc. Prepared by: Paten San Pedro, Engineering Department M:\General Services\GS Administration\Council Agenda\SW250B\SW250B Al13 Sewer Rehab ProgramREV2.doc 7-4 TABLE A (SEWER REHABILIATION PROGRAM, FY '05/'06 TO FY '07/'08 SW-250B) SEWER SEGMENTS TO BE REPAIRED/LATERAL CONNECTIONS TO BE REPAIRED, PROTRUDING LATERALS TO BE CUT AND JOINTS LATERALS TO BE WRAPPED WITH ROOT BARRIER -.J I U1 P LATERAL WYE NUMBER LATERAL WYE - P L SIZE FOOTAGE FROM TO CONNECTIONS OF CONNECTIONS I A LOCATION OF TOBE M.H. M.H. DEPTH TOBE SECTIONS TOBE DESCRIPTIONS P T PIPE REPLACED # # (fl) WRAPPED TOBE RE-OPENED E S (fl) W/ROOT REPAIRED AFTER BARRIER RE.L1NING Spot Repeir. 220' @: 15.0' - 24.0', 59' - 128'; 184'. 196',242' - 248', . 272'- 292', 375'- 384', 387' - 393', 208 I 409'.415',490'.505',513'.519', \6 l MADRONA 8" 220' 5303 53\7 10.0' 26 \7 32 563' . 583', 591' . 603', STREET VCP 608' . 614', 621' . 627', 631' - 637', 638' . 644', 647' - 653'; 26 - Lateral Repairs; 32 - Lntcrnl Rc-open; 275' - Roal Burrier; 665' - Rc-lining Spot Repair - 129' @ : 33' - 39', 662 ARTHUR 8" 42' .106', 111'- 117', 120' - 130:, 17 2 \29' 3069 2986 7 5 8 9 134'.150',154' -160',197' - 212'; AVENUE VCP 225' - 231': S-La!eral Repairs; 9-Lntcral Re-open; 75'-Root Barrier; 3IZt-Rc-line Spot Repeir. 190' @ : 42' - 54'; 81' - 87', 93' - 114', 124' - 130', 73 EAST 136' . 151', 186'. 192', 222' ~ 231', 8" 241' . 268', 272' . 302', \8 3 QUEEN ANNE VCP \90' 5716 57\7 8 12 \3 . 16 305' . 323', 340' - 352', 356' - DRIVE 374', 385' - 395'; 12 - Laternl Repairs; 16 - Loteral Rc-open; 230 I _ Rool Barrier; 400' - Re- lining ):> ~ () ::r: s: m ~ 1- TABLE A (SEWER REHABILIATION PROGRAM, FY '05/'06 TO FY '07/'08 SW-250B) SEWER SEGMENTS TO BE REPAIRED/LATERAL CONNECTIONS TO BE REPAIRED, PROTRUDING LATERALS TO BE CUT AND JOINTS LATERALS TO BE WRAPPED WITH ROOT BARRIER P LATERAL WYE NUMBER LATERAL WYE - P FOOTAGE CONNECTIONS CONNECTIONS I L SIZE TOBE FROM TO DEPTH TOBE OF TOBE P A LOCATION OF REPLACED M.H. M.H. (ft) WRAPPED SECTIONS RE-OPENED DESCRIPTIONS T PIPE # # TOBE E S (ft) W/ROOT REPAIRED AFTER BARRIER RE-L1NING Spot Repair - )3' @ : 8' - 14'; 19 4 1147 OCELOT 8" 33' 6589 6590 6 2 3 10 121' -127', 250' - 271'; 2 - Lute,.1 AVENUE VCP Repairs; 10 - Lntcral Rc-open; 105' Root Barrier; 300' - Re-lining SpotRep.ir - 51' @ : 27' - 39', 122' - 128', 160' - 172', 20 5 53 SHASTA 8" 51' 2862 2876 6 8 5 10 243' - 249', 2B7' - 301' ...... STREET PVC 8 - Lateral repair; 10 - Lateral re- I open, I05'.Root Burrier; m . 310'-Re-lining Spo'Rcp.ir - 18' @ : 152'- 158', 1403 OCALA 8" 167' - 174', 18B' - 195', 23 7 COURT VCP 18' 6751 6752 6 1 3 6 I w Lateral repair; 6 - Lateral re.. open, 95'.Root Burrier; 200'-Re-lining SpotRepair - 21' @ : 20' - 29', 662 MINOT 8" 191' - 197', 214' - 230', 24 8 AVE VCP 21 ' 3388 3300 6 2 3 7 2 - Lateral repair; 7 - Loteml re- open, 11S'.Rool Barrier; . 250'-Rc-lining TABLE A (SEWER REHABILIATION PROGRAM, FY '05/'06 TO FY '07/'08 SW-250B) SEWER SEGMENTS TO BE REPAlREDILATERAL CONNECTIONS TO BE REPAIRED, PROTRUDING LATERALS TO BE CUT AND JOINTS LATERALS TO BE WRAPPED WITH ROOT BARRIER -l I -l P LATERAL WYE NUMBER LATERAL WYE- P L SIZE FOOTAGE FROM TO CONNECTIONS OF CONNECTIONS I A LOCATION OF TO BE M.H. M.H. DEPTH TOBE SECTIONS TOBE DESCRIPTIONS P T PIPE REPLACED # # (ft) WRAPPED TO BE RE-OPENED E S (ft) W/ROOT REPAIRED AFTER BARRIER RE-L1NING 560 MARINA PARKWAY SpotRepnir. IS' @ : 73' - 82', 25 9 (California 1011 IS' 4180 4140 12' 0 2 0 88' - 94' ; 0 ~ Lateral repair; Yacht YCP 0 . Lateral rc~open. 6O'-Root Marina) Barrier; 20S'-Rc-lining 560 MARINA PARKWAY SpotRcpair - 18' @ : 8' - 14', 26 9 (California 10" 18' 4140 4105 \2' 0 3 0 69' - 75', 165' - 17t' ; 0 - L,te,nl Yacht YCP repair; 0 - Lateral Te-open, GO'-Root Marina) Bnrrier; 185'-Rc-lining 560 MARINA PARKWAY SpotRcpuir - 6' @ : 160' - 166';' 27 9 (California 10" 6' 4101 4072 12' 0 I 0 o - Lateral repair; 0 - Luternl rc- Yacht VCP open, 60' -Root Barrier; 170' .Re. Marina) lining 3681 BONITA SpotRepair-24'@: 4'- 10\ 8" 29'-35',49'-55',195'-20t'; 28 10 VERDE VCP 24' 7628 7625 9 0 4 3 0- Lateral repair; 3 - Loteral rc- DRNE . open, 7S'.Root Burrier; 260'-Re- lining TABLE A (SEWER REHAB ILlATION PROGRAM, IT '05/'06 TO FY '07/'08 SW-250B) SEWER SEGMENTS TO BE REPAIRED/LATERAL CONNECTIONS TO BE REPAIRED, PROTRUDING LATERALS TO BE CUT AND JOINTS LATERALS TO BE WRAPPED WITH ROOT BARRIER -.J 1 co P LATERAL WYE NUMBER LATERAL WYE . P L SIZE FOOTAGE FROM T.O CONNECTIONS OF CONNECTIONS I TOBE DEPTH TOBE TOBE P A LOCATION OF REPLACED M.H. M.H. (ft) WRAPPED SECTIONS RE.OPENED DESCRIPTIONS T PIPE # # TO BE E S (ft) W/ROOT REPAIRED AFTER BARRIER RE.L1NING 3649 BONITA SpoIRepair-6'@: 174'-180'; 29 10 VERDE 8' 6 7624 7625 9 0 ] 5 o - Lateral repair; 5 - Lateral fe. VCP open, 7S'-Root Burrier; 228'-Re~ DRIVE lining APPROX. TOTAL FOOTAGE REPAIR APPROX, 692 ft TOTAL LATERAL TO BE REPAIRED 56 TOTAL 3,910 ft (8") RE-LINE (10") 39 ft TOTAL LATERALS TO BE RE-OPENED 99 . -..J I <D TABLE B (SEWER REHABILITATION PROGRAM, FY '05/'06 TO FY '07'/08 SW-250B) SEWER PIPES TO BE LINED / LATERALS TO BE RE-OPENED p P 2002 J L SIZE OF FOOTAGE TO FROM TOM.H. DEPTH THOMAS A LOCATION BE LINED LATERALS TO BE RE-OPENED P T PIPE (ft) M.H. # # (ft) BROS. E S PAGE 16 I 208 MADRONA 8"VCP 665 5303 5317 10 1310-A6 32 STREET 17 2 662 ARTHUR 8"VCP 312 3069 2986 7 3010 - E7 9 AVENUE 18 3 73 EAST QUEEN 8"VCP 400 5716 5717 8 1330 - ElF 2 16 ANNE DIUVE 19 4 1147 OCELOT 8"VCP 300 6589 6590 6 1330 - Gl 10 AVENUE 20 5 53 SHASTA 8"VCP 310 2862 2876 6 1310 - B7 10 STREET TELEGRAPH 21 6 CANYON RD 15"RCP 600 4144 4154 15 1331-Al 0 (East of Paseo Ladera ) TELEGRAPH 22 6 CANYON ROAD 15"RCP 280 4069 4120 t5 1331-Al 0 (West of Heritage Road) TABLE B (SEWER REHABILITATION PROGRAM, FY '05/'06 TO FY '07'/08 SW-250B) SEWER PIPES TO BE LINED / LATERALS TO BE RE-OPENED -.J I P P 2002 L FOOTAGE TO I A LOCATION SIZE OF BE LINED FROM TOM.H. DEPTH THOMAS LATERALS TO BE RE-OPENED P T PIPE (It) M.H. # # (It) BROS. E S PAGE 23 7 14030CALA 8"YCr 200 6751 6752 6 1330 - G3 7 COURT 24 8 662 MINOT AVE 8"YCP 250 3388 3300 6 1310-C5 7 560 MARINA PARKWAY 25 9 (California Yacht 10"VCP 205 4180 4140 12 1329 - II 0 Marina) 560 MARINA PARKWAY 26 9 (California Yacht lo"vcr 185 4140 4105 12 1329-II 0 Marina) 560 MARINA PARKWAY 27 9 (California Yacht 10" VCP 170 4072 4101 12 1329 - II 0 Marina) . 28 10 3681 BONITA 8"vcr 260 7628 7625 9 1310-G3 3 VERDE DRIVE ~ o TABLE B (SEWER REHABILIT A nON PROGRAM, FY '051'06 TO FY '07'/08 SW-250B) SEWER PIPES TO BE LINED 1 LATERALS TO BE RE-OPENED -./ I ~ ~ P P 2002 I L SIZE OF FOOTAGE TO FROM TOM.H. DEPTH THOMAS P A LOCATION PIPE BE LINED M.H. # # (ft) BROS. LATERALS TO BE RE-OPENED T (ft) E S PAGE 29 10 3649 BONITA 8"VCP 228 7624 7625 9 1310-03 5 VERDE DRIVE NlA 13 FIRST AVE 8"VCP 130 5647 5648 6 1330-DZ 6 SOUTH OF NAPLES N/A 13 FIRST AVE 8"VCP 255 5648 5649 9 1330-DZ 8 SOUTH OF NAPLES N/A 13 FIRST AVE 8"VCP 135 5649 5654 9 1330-DZ 2 SOUTH OF NAPLES N/A 13 FIRST AVE 8"VCP 330 5654 5665 8 1330-E3 9 SOUTH OF NAPLES N/A 13 FIRST AVE 8"VCP 335 5665 5663 8 1330-E3 7 SOUTH OF NAPLES FIRST AVE N/A 13 SOUTH OF 8"VCP 145 5726 5727 7 1330-E3 5 OXFORD TABLE B (SEWER REHABILITATION PROGRAM, FY '05/'06 TO FY '07'/08 SW-250B) SEWER PIPES TO BE LINED 1 LATERALS TO BE RE-OPENED -..J I ~ P P 2002 L FOOT AGE TO I A LOCATION SIZE OF BE LINED FROM TOM.H. DEPTH THOMAS LATERALS TO BE RE-OPENED P T PIPE (ft) M.H. # # (ft) BROS. E S PAGE FIRST AYE N/A 13 SOUTH OF 8"YCP 135 5727 5728 7 1330-E3 5 OXFORD . FIRST AYE N/A 13 SOUTH OF 8"VCP 350 5728 5576 8 1330-E3 7 OXFORD FIRST AYE N/A 13 SOUTH OF 8"YCP 60 5776 5775 8.5 1330-E3 0 OXFORD FIRST A VB N/A 13 SOffi'H OF 8"YCP 95 5775 5803 8.5 1330-E3 2 OXFORD . FIRST AVE N/A 13 SOUTH OF 8"YCP 315 5783 5779 6.5 1330-E3 4 OXFORD APPROXDdATETOTAL 5270 FT FOOTAGE 8-INCII LATERALS TO BE RE-OPENED APPRO~ATETOTAL 154 FOOTAGE IO-INCH 560 FT APPROX~ATETOTAL 880 FT FOOTAGE IS-INCH "" TABLE C (SEWER REHABILITATION PROGRAM, FY '05/'06 TO FY '07'/08 SW-250B) SEWER TO BE REMOYED AND INSTALLATION OF NEW MANHOLE WITH LINING 2~ .." t'" SIZE OF MANHOLE THOMAS BROS. LATERALS TO BE ~O ~ LOCATION PIPE ID# .DEPTH (ft) PAGE RE-OPENED . Mt'" "" ll:IM ,. 1 , 11 304 Surrey Dr 8"YCP 765 7.0 1310 G-4 0 2 11 314 Surrey Dr 8"YCP ; 834 7.0 1310 G-4 0 , , 3 11 324 Surrey Dr 8"YCP 841 7.5 1310 G-4 0 -,,'-'" -,._--,. '-'-"~'---i- 4 11 331 Surrey Dr 8"YCP 867 11.0 1310 G-4 0 . '....-.."..----- '.m.___.".____c_ . ...'.._------..-, ._-~--_.~...._-,- ""-"'0-_-'_'"'' -.I I 5 12 343 Surrey Dr 8"YCP 933 7.0 1310 G-4 0 ~ w - .-,--.------, 6 12 351 Surrey Dr 8"YCP 940 7.0 1310 G-4 0 -".........-.....-,--.. 7 12 356 Corral Ct 8"YCP 1038 11.0 1310 G-4 0 . -. ._-~_.__._-__,..__ ..__~____ _.J__.__ ..._._.....~,_._._---._._..--- 8 12 806 Corral Ct 8"YCP 849 8.5 1310 G-4 0 -. __"m._'.__..._._..__......._ ---r-'" --------------.- ...__._____u..._.__ __no ____.............'''__.____,_. ..... .____.,_____.._____..._..._....___ '--"-'-....-..---.'- 8 NEW SEWER MANHOLE LATERALS TO BE RE-OPENED 0 WITH LINING TABLE D (SEWER REHABILITATION PROGRAM, FY '051'06 TO FY '07'/08, SW-250B) IF ADDITIONAL FUNDING IS AVAILABLE SEWER MANHOLES TO BE REMOVED AND INSTALLATION OF NEW MANHOLE WITH LINING ~ o t"' t<l THOMAS BROS. PAGE LATERALS TO BE RE- OPENED SIZE OF ; MANHOLE # PIPE LOCATION __ _._L_._._..___._-:.____..____.__~____.~_____~.___ 1 2133 HAMDEN DR 8"VCP 2153 1310 B-5 1330 E-5 1330 D-4 4 OTAY LAKES ROAD 13IOB-6 8"VCP 7352 5 INTERSECTION OF 566 REISLING 1 CHARDONNAY 13 10 B-6 8"VCP 310 5 NEW MANHOLE mSTALLATION LATERALS TO BE RE-OPENED o o o o o o ATTACHMENT' ~c ~\)RTEC~ Is,;} " ;)~~ genet.ll en<il5F;''"'11n<r c;onlr.ldor ~",;;; I)/PEL \ll~ ....... · <',' . ()ctober 22,200S City of chuia'Vista. . Public Services Buildirig 276fourthAv~ue,' ., , ChulaVista, CA". ....,... Attention: .PotenSaiIr~clro ... .... ...... Deparn:n~t of Engin,eering, Design., .'.-,. '. . '.' .:" Re. Sewe~Reh~biijtatio.nPrograni,.,Phase 2 . '0' DeaTMr. San'Pec4'o: " . .. . ," . ,,-, ," . -- - . ',.- '-' " ',,' " ,'., ":"- "-, , '. ",,-.:, .-, ".' .-' -':' . -' ,"' After.reviewing the. bid Jo.i the .above-ll1entioned project we subn1itted.on October 15, iOOS;'we found a little errbr onltem)PaxtJ) amounting to .$220.5Q. in the City's favor.. . VI e,wouldlike to l~t you kllow;thatBl1l:tech PipeIiIie,Inc. takes full responsibility" of this .. . . error and we.assuretheCity that we will hOlior the Lump Sum bid p;rice of$ 574,17650 . we submitted: We.'have partnered in severs,i jobs in the past and we would like .to '. .c,ontinue this good working . relationship with the City, we hope this will not. alter. the.': decisibnof the CitY to: award theprojectt()tls, . . , . . . . " . . -. - " '. : ,'. ;" . ' . ,,' MOre powerto.theCity ofChula Vista and we lo,ok forward to start thisjob with you. . . - .~ .'. . , . . , ,.' . . . ..' .' -,."',' . . .' Burtech Pipeline, Inc.', 102$ecohd Street, E;ncinitas,CA92024 'Tel (760) 634-2822 , Fax (760) 634-2415. Uc. # 718202" "7-15 1#" .' 'I" I.,O CPipe#J7; Plat 2) 662 ARJ..fI()R AVENUE MH # 3069 to MH # 2986 "';;'r-' . s"VGl',"" , \ "1 ,,'.j i '., ...... . Unit Cost in . '. H~m Description Qty Unit Unit Price inWords Figures Total . ,. .... Lump 1. Removal and Disposal I <;even#IJnd l'ecJ pjfhj Vallo"" 'i50.CO 750. CI:J Sum 2. Trench Shoring 165 Lineal One 06/ (ar /.(b Ic'05.O::> Feel , ~ t"iF-4 u.rrrS ( ~ 3. Television Taped lnspeclion 312 Lineal On.t Ddl/et/ al1u/ /..so 47.50 (CerY) Feel ^ <IJ ~:lfJ.5n Lineal Oruz Hunolreol . . 4. Sewer Main 129 ThlrfLj fll]h-f /38.00 17, ~OJ.Co Feel 5. Sewer Laleml's WYE {TEE 5 Each It :Fd4-"'I~~\:fJo/lars J {l!6 ,cJD J 2,{Oo .00 ... ,-..- ,. . 6. Sewer Late,al Pipe 10 Lineal . c;eu.-t (l+Lf FI~ Feel Qal( c< K.. 75.00 7!Jo.Od 7. Pipe Lining Sewer Main 312 Lineal ~1 r1Lt-'TWb Pd 11a.1d 9,QgY'dD , Feel 3~. cJ<l 8. Re-openingLaleml 9 Each 0Yll-- ti~. ~l Kflj ~fllx . 1(P~c{ /, '-/-';-&.OD 9. Traffic Control & 1 Lump FIJt. 1-1 ().rie1red Do /lCfr'J 9V .00 .5:0, (XJ Protection and Restoration Sum ~ -..J I ~ cr> SUBTOTAL PART 0: # 19/ ~ Y).5o S M :\General Services\Design\SW-250\PHASE 2\SW250B _ SpecsPhase2.rev5e.doc 8" VCP SWR - 665' SPOT REPAIRS (A/HI SJOJ to MH/5J17) LA TERAL DESCRIPl1CJNS SECTION tGCA nON LENGTH 15.0' 24.0' 9.0' 59.0' - t28,0' 69.0' r84.0' - 196.0' 1 o' 242.0' - 2'f.B..O' 6.0' 272..0' - 292.0' 20.0' 375.0' - 384.0' 9.0' 387.0 39.J.0 5.0 409.0' - 415.0' 6.0' 490.0' - 5as.O' 15.0 SrJ.o' - 519.0' 6.0' 56300' - 583.0' 20.0' 591.0' - SOJ.O' 12..0' 608.0' - 6r4.0' 6.0 627.0' - 627.0' 6.0' 631.0' - 637.0' 6.0' 6sao' 6+4.0' 6.0' 6"'7.0' - 653.0' 6.0' ~iRO -- ^,Ij sr --- ORA WN BY: PO TF:N G. SAN PEDRO DATE: SHEET 1 04-25-08 OF 14 SHTS. 777LE: -3 ATTACHMENT *MADRONA ST o ROOTS I NT OEFCCT -I ROOTS IN TH~ JOINTS k LA ~AL J ROOTS AND LA TE1i'Al. DEffCT , ROOTS AND LA~AL OEFfCT 5 CRACK AT 7H. JOINTS & LA TFRAl. 1 ROOTS IN THE JOfNTS 2 DEFfe71 L41FRAl. 1 CRACK AND LA TERAL DEFECT .. DEFECl1'-E LA JFRALS 1 ROOTS IN THE LA 1E'RAL 2 R T5 IN TH LA 7ERAL 2 ROOTS. AND LA TeRAL DEFter o Roars IN 7HE JOINT o ROOrs IN TH. JOINT o ROOTS iN THE JOINT o ROOrs IN THE JOINTS o ROOTS IN THE JOINTS I \...--- ...___Cl \ \ \ CITY OF CHULA VISTA SEWER REHABILlA T10N (SW250) PHASE 2 PREPARED BY: POTF:N G. SAN PEDRO APPROVED BY: ROBERTO YANO 7-17 ~ \ \ ~\ G-- %\~ ~\ CI DRAWN BY: paTEN G. DATE: 04-25-08 8" vep Sw.'i' - 312' *AR THUR AVE ;;::Ol :t:'" ",,<0 ",,:> <00<] OJ:t Ol~ ::tl :> "" SPOT Rf?A1RS (MH, 3069 to MHI 2986) SEcnON LOCA nON LENGTH LA TERAL DCSarfPTIONS 33.0' 39.0' 6.0' 0 ROOTS IN THE JOINTS 42.0' - 106.0' 54.0' 2 ROOTS. AND l.A7ERAL DUEer 111.0' - 117.0' 6.0' 0 ROOTS IN THE JOINTS 120.0' - '30.0' 10.0' 0 ROOTS IN THE JOINTS 134.0' - 150.0' 15.0' 1 ROO7S. LA TCRAL DVFCT 154.0' 160.0' 6.0' 0 ROOTS IN THE JOINTS 197.0' 212.0' 15.0' 2 ROOTS LA7ERAL DEFECT 225.0' - 2J1.Q' 6.0' 0 ROOTS IN THe JOINTS TOTAL LA TERALS 9 \ \ *SDG&E UTILITY WITHIN WORK AREA I I ! Gl Gl I I / ~8l """, "":.. Cl"O ~:t ~ :.. "" SAN PEDRO SHEET 2 OF /4 SHTS. TInE: PREPARED BY: paTEN G. SAN PEDRO APPROVf:D BY: ROBERTO YANO CITY OF CHULA VISTA SEWER REHABILlA TlON (SW250) PHASE 2 7-18 :l:. '2. x .". <. 'I ~I ~ CJI :>> ~\ \ 8" VCP SWI? - 400' *E QUEEN ANNE DR - - SPOT REPAIRS (UH, 5717 to MHl 5716) SEenON tOCA TlON LENGTH LA TERAL DESCRIP110NS 42.0' - 54.0' 12.0' 0 ROOrs IN mE JOINTS 81.0' - 87.0' 6_0' 0 ROOTS IN mE JOINTS 9.].0' - 114.0' 21.0' J ROOTS. AND TERAL DCFECT 124.0' - 130.0' 6.0' 0 ROOTS IN THE JOINTS 136.0' - 751.0' 15.0' 0 ROOTS IN JOIN CRACKS 188.0' - 192.0' 6.0' 1 ROO AND uTERAL DEFECT 222..0' - 231.0' 9.0' 2 ROOrs. AND LATE7TAL DEFFCr 2-41.0' - 68.0' 27.0' a ffOD1S IN TH. JOINTS 72.0' - 3D .0' .10.0' 1 ROO AND A A 0 'CT __ 305.0' - 323.0' 18.0' 1 ROO AND LA ~L DmCT J40.0' - 352.0' 12.0' 0 ROOTS rN mE ROOTS 356.0' - 374.0' 18..0' 2 ROOTS. AND UJEl\"AL OEFECT ___ 385.0' - 395.0' 10.0' 2 ROOTS AND LAT&AL DUEeT -- --:I: ~t ~ ~ *SDG&E WITHIN WORK AREA QUEEN 73 ~ 5716 MHJr - - c--- -- - DRAWN BY: PO TEN G. SAN PEDRO DA 7[: SHEET 3 04-25-08 OF 14 SHTS. TITLE: CITY OF CHULA VISTA SEWER REHABILlA TlON (SW250) PHASE 2 PREPARW BY: POTCN G. SAN PEDRO APPROVED BY: ROBERTO YANO 7-19 ------- 51 .- -- ------- E NAP;!? ::.--- .- .- \.. .......... ~ \ \ \ NETIE ~ --- :'\ NA .-- y'- ~ \ c 51 ANETTo. 495 N 6590 MrI# 8" vep SWR - 300' *OCELOT A V SPOT REPAiRS (A/HI 6590 to MHI 6589) SECTiON tDCA nON WJGTH LA TERAL DESCRIPT1QNS 8.0' - 14.0' 5.0' 0 ROOTS IN JOINTS '21.0' - 127.0' 5.0' 1 ROO AND LA7t:RAL Queer 250.0' 271.0' 21.0' 1 ROO AND LA1FR'AL DEffCT *SDG&E UTILITY WITHIN WORK AREA ;;::::: ! \ I~ \ _-...> 0\0 \ u\o ~ 0> r<1 <.Or 0 ~ --\ "> <. \ DRAWN BY: POTEN G. SAN PEDRO DA TE: SHEET 4 04-25-08 OF 14 SHTS. TITLE: CITY OF CHULA VISTA SEWER REHABILlA TION (SW250) PHASE 2 PREPARED BY: POTEN G. SAN PEDRO APPROVED BY.' ROBERTO YANO 7-20 - .-&-- - - - *SHASTA ST 1 ~ SPOT REPAIRS (MHI 2862 to UHf 2876) SEC110N WCA nON LENGTH LA TERAL OCSCR1P17ONS 27.0' 39.0' 2 ROOTS. AND LA1ERAL Durer 122.0' - 128.0' .0' 1 ROOTS AND t.A7E'RAL DEFeCT 160.0' _ 1720' 12.0' ROO AND LA7E'RAL VErreT 243.0' - 249.0' 6.0' 1 ROOTS. AND LA TCRAL DfFECT 287.0' - 302..0' 15.0' 2 ROOrs. LATERAL DUECT *SDG&:E UTILITY WITHIN D WORK AREA fA 51 HAS' 53 5 ZB6Z 51 MH# SH~'~ ~ .....-: 51 SH AS' A - y 51_ \M-il~ - - _n -- ? ~ _G~~", -- DRAWN BY. PO TEN G. SAN PEDRO DA TE: SHEff 5 04-25-08 OF 14 SHTS. TITLE: CITY OF CHULA VISTA SEWER REHABILlA TlON (SW250) PHASE 2 PREPARED BY: PO TEN G. SAN PEDRO APPROVED BY: ROBERTO YANO 7-21 ... :C'" -::i.':;i- = ,- ..--::; ~ ~ (#1Pi(J ~ =-li =-,-~~ \ ~ ,~ ,::.--:;; ::.--0:: IS" VCP SlW? - 280' *TELEGRAPH CANYON RD ,- %:= -' NO SPOT REPAIRS (Mffl 4069 to JJHI 4120) SECTION LOCA 710N UHGTH LA mfAL DESCRlPlIONS 15~ \oCP SlIR UNlNC 28D' 0Nf.1' NO SPOT REPNR 'SDG&:E UnUTY WITHIN WORK AREA IS" VCP SlW? - 600' *TELEGRAPH CANYON RD NO SPOT REPAJRS (A/HI 41+f. III MHI f7!i4) SECllCW LOCAl1CN LENGTH LAlE'RAL OE:SCRJPTJONS '5- '..cP S*R UNINC 600' ONU' NO SPOT REPAIR -'- - - - - ,- "- .. /.iH #4144 fZJ 8NlHQlIC.cr \ .s.wtr<<MA DR DRAWN BY' PO TE:N G. SAN PEDRO oA fe: SHEFr 5 04-25-08 OF 14 SHrs. TITLE: CITY OF CHULA VISTA SEWER REHABILlA TION (SW250) PHASE 2 PREPARED BY' POTE:N G. SAN PEDRO APPROVED BY: ROBERTO YANO 7-22 ...... \ co a (J1 ,... AJ f'< f'< :<: ~ -< 8" VCP SWR - 200' *OCALA CT A SPOT REPAIRS (MHI 575/ t. MHI 5752) 1. SEcnON toCA nON LENGTH LA TCRAL DESCRJPTlONS N T52.0' - 158.0' 6.0' 0 BROKEN prp~ E:XAl.1RAnON l 757.0' 174-.0' 5.0' , LA TERAL DEFECT F:XF1L 11i'A nON ~ 188.0' - 195,0' 6.0' 0 BRQI<ON PIPE EXFlLTRATlON *SDG&E UTILITY WITHIN WORK AREA A Cl 1403 QCAL \'\\-\ ~b 751 r- >--< "M~ ~> >r- r- l/) ---- G / ---- I / ~ r ~ I ~ Q\JINC~G5T - c1 -~ r i t::! \ ~ 1411 T OCALA C Cl 77TLE: DRAWN BY: POTEN G. SAN PEDRO DA TE: SHEET 7 04-25-08 OF /4 SHTS. CITY OF CHULA VISTA SEWER REHABILlATlON (SW250) PHASE 2 PREPARED BY.' paTEN G. SAN PEDRO APPROVED 8Y: ROBERTO YANO 7-23 ~~ ~ \~S\ - ____ ____G- \ a" vcp Sw.'i' - 250' *MINOT A V - SPOT REPAIRS (AlHI 3JBB to MHI 3300) SECl10N LOC..411ON LENG7H LA 1ERAL DESCR/PTlONS 20.0' - 29.D' I ROOTS. AND LATER. DEffCT 191.D' _ una' 6.0' r ROOTS. AND LAT9ML D CT 214.0' - 220.0' 6.(" , F1N~ ROOTS fN JOINTS *SDG&:E UTILITY WITHIN WORK AREA 1 ~ H H338~ MMINOT A 662 DRAWN BY: POTEN G. SAN PEDRO DA TE: SHEH 8 04-25-08 OF 14 SHTS. nTLE: CITY OF CHULA VISTA SEWER REHABILlA nON (SW250) PHASE 2 7-24 PREPARW BY' POTEN G. SAN PEDRO APPROVED BY: ROBERTO YANO (l l. 1J~ - L. L. ,...-' -Q vi 17 --' 1J17 -r- ~ S~ d'i 17 *MAR/NA PARKWA Y SPOT REPAiRS (JJH 4101 10 IIH j4072) SECTION l.OC411ON lENGtH U1al..u, DESCRJPrlONS rSD.D' - '6 0' . a 'ACX1NC ~ ~ 'i 17 -Q ~ SPOT REPNRS (lJH 14140 'I'D JIH #4105) SECTrON LOC411ON lDlG1H UDAL DF:SCRfPT/ONS O' _ ,..' 6. . T10N T 6110' - 15.0' "'.0' 0 OSS1RUC17CW T 165.0' - 1710' 6.0' (} INFIl.TRA OUECT SPOT REPAJRS (IIH .,..tea ro IoIH l,n40) SEcrrON I.0C411Ci'1 1.ENG1H I.A7E'i'AL D6CR1PTIOHS . - 0' 90' (} 1tl A .CRA 8110' - !UO' 5.0' " 0NQ1UlJTNA. CRACK1NG 'SDG&E WITHIN WORK AREA u,,, \I~\\l\ 16' '" '/If/.- 10' "eP 5 1J\t.GD S~\'\ ~~" A(l ~r -:r->::;; --'0 ->'% ~,...-' r'17 -Z- 17 DRAWN BY: PO TEN Go SAN PEDRO DA TE:: SHEET 9 04-25-08 OF 14 SHTS TITLE: CITY OF CHULA VISTA SEWER REHABILlA TlON (SW250) PHASE 2 PREPARED BY: POTEN G. SAN PEDRO APPROVED 8Y: ROBERTO YANO 7-25 DRAWN BY' paTEN G. SAN PEDRO DA TE: SHEET 10 04-25-0B OF 14 SHT5. ,,~<:I I "'i! \ "'... '" ~+7 6"Y..94'..> I-. &>.5",;> <'1'<:>",'" "'.... ",.. <>~.. "'It 'r .:100 *'>5 t"S Il"S <:RtPtvlJ: <: /)R~ SPOt REPNIl (ltH ,n2f TO 1OI/76Z) S[t:fIfW l~lIQIII I.EHCTH U.DAL COWW!HI'S 'f.D' _ ,0.11' 1.0' .NFll.nt.4m:w REPAIR tr-.J5.tr 1.0" Q lI'fIt.1JlAntWRtPNIf +f.Q'-~a' 1.0 IHn..TRJH!ClHRt1'AIIt 1"-0" _ ~'.Q' Hltm.t/lCW fID'.A1If 'SDG.tE IIfTIIIN IIORK AREA . 8" VCP SIIR - 250' :.< ~1b~~\\~ *BONITA VERDE DR Yi f:/o\"'P rt.. \)~ SPOt RePASt (JIH Pfi2$ TO WHPW) ~ --.I(.~.:u: SEC'OQi LOCInOH tEHCTH tA1El'I'Al. CfMIEH1S 174.0' _ 150.0' lur .wRtmA1lCWflEPAJIl . 'SDGM: IIfTHIN IIORK AREA I TITLE: PREPARED BY' paTEN G. SAN PEDRO APPROVED BY: ROBERTO YANO CITY OF CHULA VISTA SEWER REHABILlA TlON (SW250) PHASE 2 7-26 304 SURREY DR ~ ""- If g c., ".. <B' ORA WN BY: POTEN .G. SAN PEDRO DA TE: SH~ET 11 04-25-08 OF 14 SHTS. TIllE: ...J a.. >- w 0:: 0:: ::J (.1 0 SURREY DR 0 0 *SURRY DR AND CORAL CT SECllON LOCA nON MANHOLE :s MANHOLE MANHDLE .., MANHOLE 7 A/ANHot.E D:JB MANHOlE -f9 MANHOLE J AlANHQl.E o<<J r- z w :;:' Ww_ ...Ju"- D<rCIl I...J# za.. <l:wI ::E OC"::E $U\<,\<'E.'< "D\<. @ 0:: '" >- W "" 0:: ::J (.1 RDrlOwr AND REPUC~ MANHOlE LENGTH LA "fERAL CQMIJENTS 0.0' " MANHOLE REPU,CEJ./ENT a.O' a MANHOLE REPLACDlENT a.o' 0 MANHlXE REPf..ACSlENT a.O' (} MAM<<X.E REPt.A.CDlENT D.O' " MANHOLE REPLACElIENT 0.0' 0 MANHOLE REPUCEJlENT 0.0' a IIANHfXE REPUCEJlen D.O' 0 MANHOLE REPf..ACEJlENT ! ~ 'SDG&E WITHIN WORK AREA ..- (\J ('") CITY OF CHULA VISTA SEWER REHABILlATlON (SW250) PHAS~ 2 PR~PARED BY: . PO TEN G. SAN PEDRO APPROVED BY.' ROBERTO YANO 7-27 *SURRY DR AND CORAL CT SCCllON LDCAlION MANHOLE 15"5 UANHOlE ~ MANHOLE 41 MANHOlE 67 UANHOl.E 03B MANHOlE "'9 MANHOlE 3.J UANHOf.E -4D REMOVE' AND REPtACE UANHfXE LENGTH LA 1FRAl COllA/DolTS 0.0' 0 UANHcx.E RCPLACEMENT 0.0' 0 I.tANH~ REPLACEJJOiT 0.0' AlANHOLE REPLACEMCNT 0.0' 0 MANHOLE REPLACEMENT 0.0' 0 MANHOLE REPLACEMOIT 0.0' 0 MANHOLE REP/J.CE1rfENT 0.0' 0 MAJYHOLE REPLACEJlEJIT 0.0' 0 MANHOLE REPUCE:MENT ! ~ !z 'SDG&E WITHIN WORK AREA w :E ww_ -'U'<t D<[CO I-,,,,, Za.. <[wI ::E0:::E S\.lRRt:'i DR @ 0:: '" >- W 0:: 0:: ::J CI) CORRAL CT 3'56 ORA WN BY: POTEN G. SAN PEDRO DA TE:: SHEET /2 04-25-08 OF 14 SHTS. '<t '" M o SURREY DR lITLE: CITY OF CHULA VISTA SEWER REHABILlATlON (SW250) PHASE 2 7-28 ~ "G ~ ~ ~ 'P> o @ o ~'Z"" 6't~ }i.JJ:r. <t'i~ $..> 'b ct PREPARED BY: POTEN G. SAN PEDRO APPRO 'lED BY: ROBERTO YANO \ DRAWN BY: PO TEN G. SAN PEDRO DA TE: SHEET 1 J OJ-15-08 OF 14 SHTS. n M; CITY OF CHULA VISTA SEWER REHABILlA TlON (SW250) PHASE 2 PREPARED BY: PO TEN G. SAN PEDRO APPROVED 8 Y: ROBERTO YANO 7-29 ~l ~ ~ ~ I :1~>j'2. <' ~ ~ ADDITIONAL MANHOLE IF ADDITIONAL MONEY BECOMES AVAILABLE DRAWN BY.' POTEN G. SAN PEDRO DA TE: SHEET 14 OJ-15-08 OF 74 SHTS. TInE: CITY OF CHULA VISTA SEWER REHABILlA TlON (SW250) PHASE 2 PREPARED BY: POTEN G. SAN PEDRO APPRO VED BY: ROBERTO YANO 7-30 ATTACHMENT t.{ 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 contnbutions 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 subj ect of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 17om'ln; G 'f1udec.h J l.(. [Ie !:>udec'o 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. 10/4- 3. If any person' identified pursuant to (1) 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. WA, 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 0/1< 5. Has any person' associated with this contract had any financial dealings with an official"~ of tbe City ofChula Vista as itre]ates to this contract within the past 12 months? Yes_ No~ 31 M:\General Services\Design\SW -250\PHASE 2\SW250B _SpecsPha.se2.rev5e.doc 7-31 If Yes, briefly descnoe the nature of thdinancial interest the official-- may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City COWlciJ? No ./ Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official-- of the City ofChuIa Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No L If Yes, which official-- and what was the nature of item provided? Date: /0115/2008 . , 0/". Signature of Contra U. PIP€- U 0G {/0C.. I ontractor/ Applicant * 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. 32 M;\Genera1 Services\Design\SW-250\PHASE 2\SW250B _SpecsPhase2.rev5e.doc 7-32 .. RESOLUTION NO. 2008- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING DEFECTS IN THE BID, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SEWER REHABILITATION PROGRAM-PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007/2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (SW250B)" PROJECT TO BURTECH PIPELINE, INC. IN THE AMOUNT OF $574,176.50 WHEREAS, on April 15,2008, pursuant to Resolution No. 2008-096, the City Council awarded a contract for "Sewer Rehabilitation Program - Phase I, Fiscal Year 2005/2006 and Fiscal Year 2006/2007 and Fiscal Year 2007/2008 various locations in the City of Chula Vista (SW240A)" to KTA Construction, Inc.; and WHEREAS, the Sewer Rehabilitation Program-Phase I is nearly complete; and WHEREAS, City staff prepared specifications for the "Sewer Rehabilitation Program - Phase 2, Fiscal Year 2005/2006 to Fiscal Year 2007/2008 various locations in the City of Chula Vista (SW250B)" project and advertised the project on September 26, 2008; and WHEREAS, on October 15,2008, the Director of Engineering received three sealed bids for the proj ect; and WHEREAS, staff carefully analyzed the three bids submitted and determined that, while all three bids contained minor errors, the apparent low bidder's mathematical error favors the City and is insignificant; and WHEREAS, Section 1009 of the City Carter allows the City Council to waive any defects in any bid to the extent it finds at a public hearing held for that purpose that it is necessary to do so for the benefit of the public; and WHEREAS, Burtech Pipeline, Inc. made a minor error of $220.00 in their submitted bid of $574,176.50 and has submitted written acknowledgment of its error agreeing to perform for the contract price it submitted; and WHEREAS, Burtech Pipeline, Inc.'s bid IS 10% below the Engineer's estimate of $638,075; and WHEREAS, pursuant to Council Policy No. 574-01, the Director of Public Works is authorized to approve change orders amounting to $10,000 plus 7% of the original contract amount over $100,000 for contracts between $100,000 and $1,000,000 and City Council approval is required for approval of a change order exceeding this amount; and 7-33 Resolution 2008- Page 2 WHEREAS, for this project, that amount is $43,192.36; and WHEREAS, staff recommends waiving Council Policy 574-01 and authorizing the Director of Public Works Operations to approve change orders as necessary up to the contingency amount of$64,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it fmds that it is necessary for the benefit of the public to waive the defect in the bid submitted by Burtech Pipeline, Inc. because the error is in the City's favor and will save the City money. 2. That it waives the defect in the bid submitted by Burtech Pipeline, Inc. 3. That it accepts bids and awards the contract for the "Sewer Rehabilitation Program-Phase 2, Fiscal Year 2005/2006 to Fiscal Year 2007/2008 various locations in the City of Chula Vista, California (SW250B)" project to Burtech Pipeline, Inc in the amount of $574,176.50. 4. That it waives Council Policy 574-01 and authorizes the Director of Public Works Operations to approve change orders as necessary up to the contingency amount of $64,000. Presented by Approved as to form by R. A. Hopkins Director of Engineering c--l~_,,^ IL~ c,rrv Bart Miesfeld Interim City Attorney 7-34 .. RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF A V AILABLE SEWER FACILITY REPLACEMENT FUNDS INTO "SEWER REHABILITATION PROGRAM - PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007/2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (SW250B)" WHEREAS, on October 15,2008, the Director of Engineering received three sealed bids for the "Sewer Rehabilitation Program - Phase 2, Fiscal Year 2005/2006 to Fiscal Year 2007/2008 various locations in the City of Chula Vista (SW250B)" project; and WHEREAS, the project will rehabilitate existing broken sewer mains and laterals, repair cracked sewer lines and replace asphalt concrete pavement in various locations throughout the City ofChula Vista; and WHEREAS, sufficient Sewer Facility Replacement funds were previously appropriated under Fiscal Year 2007/2008 and Fiscal Year 2008/2009 Capital Improvement Program (CIP) budgets for sewer rehabilitation projects; and WHEREAS, staff proposes that these funds be combined and transferred into the "Sewer Rehabilitation Program - Phase 2 Fiscal Year 2005/2006 to Fiscal Year 2007/08 various locations in the City of Chula Vista (SW250B)" project as follows: Sewer Facility Replacement funds FY 2007/2008 (SW250) $653,125 Sewer Facility Replacement funds FY 2008/2009 (SW255) $128,400 TOTAL TO BE TRANSFERRED TO SW250B $781,525 NOW, THEREFORE BE IT RESOLVED by the City Council of the City Chula Vista that it authorizes the transfer of $653,125 in available funds from Sewer Facility Replacement funds FY 2007/2208 (SW250) and the transfer of $128,400 in available funds from Sewer Facility Replacement funds FY 2008/2009 (SW255) into "Sewer Rehabilitation Program - Phase 2 Fiscal Year 2005/2006 to Fiscal Year 2007/08 various locations in the City of Chula Vista (SW250B)". Presented by Approved as to form by '---I-j~ '" II- L~ ~ Bart Miesfeld Interim City Attorney R. A. Hopkins Director of Engineering 7-35 CITY COUNCIL AGENDA STATEMENT :$Vj~ CITY OF - CHUlA VISTA ITEM TITLE: NOVEMBER 25, 2008, Item ~ PUBLIC HEARING TO CONSIDER: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD ST ABILIZA TION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE NORTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE SOUTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE EAST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 8-1 11/25/08, Item ~ Page 2 of 5 SUBMITTED BY: THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOLA VISTA ALLOCATING $452,936 OF HOME INVESTMENT PARTNERSHIIP ACT (HOME) FUNDS TO THE PILOT HOMEOWNERSHIP PROGRAM FOR REAL ESTATE OWNED PROPERTIES ASSISTANT ~C~ OF REDEVELOPMENT & HOUSING7/ ~ INTERIM CITY MANAGER S / REVIEWED BY: SUMMARY The pwpose of the public hearing is to solicit public input on the proposed amendment to the 2008/2009 HOD Annual Action Plan to allocate new Neighborhood Stabilization Program funds established by Title III of the Housing and Economic Recovery Act of 2008 to various activities and $452,936 of existing prior year HOME entitlement funds to the pilot homeownership program for real estate owned properties. 4/STHS VOTE: YES D NO 0 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the National Environmental Protection Act due to the use of Federal funds, and has determined that the proposed project is deemed exempt under the National Environmental Protection Act (NEP A) Regulations. RECOMMENDATION Council conduct the public hearing and adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION The Housing Advisory Commission reviewed the proposed amendments and allocations on November 13,2008 and voted to recommend (5-0) Council adopt the proposed amendment and allocations. DISCUSSION On May 6, 2008, the City Council approved the Fiscal Year 2008/2009 Annual Action Plan (Action Plan) for three Federal Grant Programs and authorized its submittal to the U.S. Department of Housing and Urban Development (HOD). The Action Plan is developed annually using significant public input and describes the City's spending priorities. It serves as the local guide for three of HOD's grant programs [Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Shelter Grant] which support activities to benefit lower income households. 8-2 11125/08, Item ~ Page 3 of 5 In September 2008, HUD notified the City of Chula Vista that in addition to the annual CDBG entitlement, the City is eligible to receive approximately $2.8M in one-time COBG funds through the new Neighborhood Stabilization Program (NSP). The purpose of the NSP program is to assist cities dealing with the negative effects of abandoned and foreclosed properties. In order to receive the grant funds, the City must submit to HUD an amendment to the existing CDBG Annual Action Plan by December I, 2008 identifying how funds will be obligated within an 18 month period. The NSP funds may be used to purchase foreclosed or abandoned homes/properties, rehabilitate, redevelop, resell and/or rent these homes to help stabilize neighboring homes and neighborhoods. The funds may not be used to assist households at risk offoreclosure. In addition, HUD identified targeted responsibilities for state and local governments implementing the NSP. A summary of those responsibilities are listed below: I. Priority emphasis must be placed in targeting the funds to low- and moderate-income areas, and other areas with the greatest need; 2. All funds must serve households less than 120 Percent of Area Median Income (AMI); and 3. Not less than 25 percent of the funds shall be used toward very low mcome individuals or families (incomes that do not exceed 50 percent of area median income). Annual Action Plan The City of Chula Vista's Consolidated 5 Year Plan (adopted May 10, 2005) is a comprehensive planning document which identifies the City's needs in housing, homelessness, and community and economic development. The Annual Action Plan includes the allocation of funds for capital improvements, community enhancement projects, economic development, public services, affordable housing, first-time homebuyer programs and administration! planning activities. Any subsequent changes or revision to the approved Annual Action Plan constitutes a formal amendment to the Plan. Under the NSP the City must fast-track community input by utilizing websites and a streamlined process. In addition to the Housing Advisory Committee meeting on November 13th, staff held public meetings to encourage input on the program, including two general public meetings on October 16th and November 6th and an informational item with the Chula Vista Redevelopment Corporation on November 13th. A 15-day comment period to allow for the public to review the proposed amendment and make comments or suggestions began on November lOth and will end on November 24, 2008. As of the date of this report, there were no comments received. Comments received after the date of this meeting will be incorporated into the amendment. Proposed Amendment The proposed amendment includes the allocation of $2.8M in NSP funds which are to be channeled through the Community Development Block Grant Program. In order to maximize use of the new funds, staff is proposing to allocate an additional $452,936 of 8-3 11/25/08, Item 1- Page 4 of5 prior year HOME funds, totaling $3 million dollars in direct assistance to be used for the purpose of stabilizing the housing crisis in our community. As stated above, HUD has identified a series of criteria to identify those areas of "greatest need" and establishing the most effective mechanisms for "stabilizing" neighborhoods. Staff used a variety of data sources to document existing and predicted foreclosure data as illustrated in the proposed amendment and identified areas of "greatest need" within the City to address HUD's Target Responsibility #1. These target neighborhoods include portions of northwest and southwest Chula Vista, Eastlake, and Otay Ranch communities, as illustrated in Exhibit F of the attached draft 2008/2009 Annual Action Plan Amendment. After review of the eligible uses, identification of the target neighborhoods, and public input, staff has identified those activities that most directly impact and assist declining neighborhoods due to foreclosures, as follows: . Target NSP funds for down payment and closing cost assistance for low- and moderate-income buyers within the target neighborhoods. The City currently administers a Down Payment and Closing Assistance Program funded through the HOME program, limited to assisting households earning no more than 80% of the Area Median Income (AMI). The new NSP program will allow funds to be used by families earning up to 120% of the AMI, addressing HUD's Target Responsibility #2. By allocating additional funds to an established City program the City will be able to assist more families and remove up to 35 foreclosed properties from the market. · Issue a Notice of Funding Availability (NOFA) to assist an organization in the purchase and rehabilitation of foreclosed properties with the purpose of creating permanent rental housing opportunities for residents below 50% of the AMI (residents of this income category have limited disposable income to maintain homeownership). The partners, including but not limited to, Community Housing Development Organizations (CRDO) and/or the Regional Continuum of Care will assist the City in identifying the best method for leveraging NSP funds with other special needs or low income housing funding opportunities. By leveraging NSP funds with HOME funds $IM has been allocated to each income category and thereby has exceeded the HUD requirement to assist very low income residents, with 35% of the NSP funds designated for 50% AMI, addressing HUD's Target Responsibility #3. Following is a summary of the proposed use ofNSP funds: 8-4 11/25/08, Item ~ Page 5 of 5 Administration (10% NSP) Assist partner in the Purchase and Rehabilitation of foreclosed properties for rental housing, including but not limited to Community Housing Development Organizations (CHDO) and/or the Re ional Continuum of Care roviders. Down Payment and Closing Cost Assistance Program to assist in purchase of foreclosed properties (including rehabilitation assistance, marketing, and ro am costs) Program monitonn and $ 283,008 Households at or below 50% of Area Median Income $1,000,000 Households earning at or below 120% of Area Median Income may be eligible for a loan (further described in the attached Action Plan Amendment) $2,000,000 DECISION MAKER CONFLICT . Staff has reviewed the property holdings of the City Council and has found three conflicts exist, in that Councilmembers Castenada, McCann and Rindone have property holdings within 500 feet of the boundaries of the target neighborhoods which are the subject of this action, as follows: . Northwest Target Neighborhood - Castaneda and Rindone . Southwest Target Neighborhood - McCann . East Target Neighborhood - no conflicts FISCAL IMPACT HOME Investment Partnership funds are block grant funds available to the City for affordable housing purposes from the u.S. Department of Housing and Urban Development. Downpayment assistance loans and related administration are an eligible HOME use. Funds totaling $452,936 will be allocated to the existing non-CIP project number for this purpose. By December 1 st the City must submit an Action Plan Amendment to identify the expenditure ofNSP Funding in the amount of$2,830,072. NSP and HOME funds will be brought back for appropriation, once the City is notified that the substantial amendment has been approved by BUD. ATTACHMENT 1. 2008/2009 Draft Annual Action Plan Amendment Prepared by: Angelica Davis, Project Coordinator II, Redevelopment & Housing Jose Dorado, Project Coordinator II, Redevelopment & Housing Stacey Kurz, Senior Project Coordinator, Redevelopment & Housing 8-5 Attachment 1 DRAFT City of Chula Vista Neighborhood Stabilization Program Substantial Amendment (NSP) to the 2008/2009 Annual Action Plan Prepared by: CITY OF CHULA VISTA Redevelopment &Housing Grant Administrators: Angelica Davis, Project Coordinator Jose Dorado, Project Coordinator 276 Fourth Avenue; Chula Vista, CA .91.910 Telephone: (61.9) 6.91-5036 Facsimile: (61.9) 585-56.98 www.cLchula-vista.ca.us TABLE OF CONTENTS A. AREAS OF GREATEST NEED ...................................................................................1 B. DISTRIBUTION AND USES OF FUNDS ............................................................... S C. DEFINITIONS AND DESCRiPTION....................................................................... 7 D. VERY lOW INCOME TARGETING .....................................................................10 E. ACQUISITION AND RELOCATION.................................................................... 10 F. PUBLIC PARTICIPA TION...................................................................................... 10 G. NSP INFORMATION BY ACTIVITY..................................................................... 11 TABLES: 1 - Summary of low- & Moderate Eligible, HUD Risk, Recorded Foreclosures, & RAP 2 - Census Tracts with Greatest Need EXHIBITS: A - Low- and Moderate-Income Eligible Census Tracts B - HUD High Foreclosure Risk Factor C - Recorded Properties in Foreclosure from 6/1/08 to 9/30/08 D - Properties Registered in Chula Vista Abandoned Residential Properties Program as of 10/15/08 E - Census Tracts with High Risk and Foreclosures F - Target Neighborhoods G - Northwest Target Neighborhood H - Southwest Target Neighborhood I - East Target Neighborhood 8-7 First Amendment to the 2008/2009 Annual Action Plan for Implementation of the Neighborhood Stabilization Program A. AREAS OF GREATEST NEED Introduction Chula Vista is the second largest municipality in the County of San Diego metropolitan statistical area (MSA, also known as "San Diego-Carlsbad-San Marcos"), with an estimated population of 231,305 residents (based on San Diego Association of Governments). The City covers approximately 50 square miles along the San Diego Bay and is surrounded by National City, the City of San Diego, and the unincorporated areas of the County. Two major north-south freeways, Interstate 5 and Interstate 805 traverse Chula Vista. The area west of the 1-805 "western Chula Vista" is built up and includes redevelopment areas. The "eastern area" is comprised of several master-planned communities in various stages of approval and implementation. Foreclosure Process California California is a non-judicial foreclosure state. The foreclosure process begins with a recorded Notice of Default (NOD), which is a public notification that the borrower has fallen behind in the monthly mortgage payments. If the default is not cured, or the loan renegotiated or replaced, the NOD is followed by a Notice of Trustee's Sales (NOTS/NDS) after a minimum of three months. The actual Trustee's Sale can not occur less than 20 days after public notice. The Trustee's Sale is a public auction, at which anyone may place a bid, including the lender and any junior lien holders. The foreclosure process may be stopped if the default is cured 5 days in advance of the sale date. If no one bids, and the foreclosure process was not stopped, title (ownership) of the property reverts to the lender as REO property (Real Estate Owned property). The typical foreclosure process takes at least 117 days in California. In Chula Vista within the past four months (from June 1,2008 through September 30, 2008) there were a total of 935 properties taken all the way through the foreclosure process. Housing and Economic Recovery Act of 2008 (HERA) The HERA statue indicates that a grantee should give priority emphasis in targeting the funds that they receive to "those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those- (A) with the greatest percentage of home foreclosures; (B) with the highest percentage of homes financed by a subprime Mortgage related loans; and (C) identified by the State or unit of general local government as likely to face a significant rise in the rate of home foreclosures." In order to determine the impacted areas, or Target Neighborhoods, a variety of data sources were reviewed. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page1of14 8-8 Low- and Moderate-Income Eligible Census Tracts The City of Chula Vista began its needs assessment by identifying the census tract block groups in the City with income levels at or below 120 percent of the Area Median Income (AMI). For purposes of this Amendment, the low, moderate, and middle-income areas will be noted as "LMMI". This data was provided by the U.S. Department of Housing and Urban Development (HUD) and this data can be found on the HUD website at the following web address: http://www.huduser.org/publications/commdevl/nsp targethtml. There are a total of 51 census tract block groups in the City and 32 of them are qualified LMMI areas (81-120% AMI), asillustrated in Exhibit A. Exhibit A further delineates those areas that are eligible under annual CDBG allocations at 80% of the area median income and below. HUD High Foreclosure Risk Areas Foreclosures have occurred through the City of Chula Vista, but are concentrated in certain areas. HUD has compiled a set of data that include the following: . Area of unemployment rate; . Area average housing sales price decline (since the peak of the market); . High cost loan rate (mortgages with interest-only payment options, stated income mortgages, mortgages with high loan to ratios, etc.); . The predicted 18 month underlying foreclosure rate; and . Housing units that have been vacant for at least 90 days. The data is made available at the Census Tract Block Group (CTBG) level for the entire country. The data for Chula Vista was evaluated and a 10-step priority ranking for those CTBGs most at risk of becoming blighted due to large numbers of vacant, foreclosed units was developed. Using the high cost loan rate and predicted 18-month underlying foreclosure rates as key indicators for Chula Vista, the standard deviation was calculated for the high cost loan rates. The standard deviation was then used as the threshold between rank order numbers. A visual representation of these impacts is shown as Exhibit Band summarized by census tract in Table 1. Properties in Foreclosure In order to establish those areas with the highest number of properties in the foreclosure process, Chicago Title data was used to establish the number and locations of Notice of Defaults (NOD), Trustee Sales (NDS), and Real-Estate Owned (REO) properties as recorded from the period of June 1, 2008 to September 30, 2008. These impacts are illustrated in Exhibit C and summarized by census tract in Table 1. Abandoned Residential Property In August 2007, the City of Chula Vista adopted an Ordinance which requires mortgage lenders to inspect defaulted properties to confirm that they are occupied. If a property is found to be vacant, the program requires that the lender exercise the abandonment clause within their mortgage contract, register the property with the City and immediately begin to secure and maintain the property to the neighborhood standard. A visual representation of properties that were registered in the Abandoned Residential Property Program as of October 15,2008 is shown as Exhibit D and summarized by census tract in Table 1. DRAFT 200812009 Action Plan Amendment (NSP) Narrative Page 2 of 14 8-9 TABLE 1 Summary of Low- & Moderate Eligible, HUD Risk, Recorded Foreclosures, & RAP Low-& HUD NY.:e ':]; C,;,e::,:::::2':l Mod- ~ ~ ~ NOD+NSD RAP - Census Tract Eligible Risk :::~-: f:; >-;:;3 -,'J,:)5<-:::':: +REO Cases ILMMIJ''' Scare ,~IC:::;J - 1\50) REO 12302 Y 5 2 3 5 10 2 12303 Y 6 9 8 9 26 12 12304 Y 6 6 5 3 14 11 12401 Y 5 4 0 4 8 5 Y 12 5 11 28 8 Y 19 4 5 28 10 Y 21 12 10 43 17 Y 13 6 8 27 10 12800 Y 6 11 5 11 27 12 12900 Y 6 11 7 11 29 15 13000 Y 5 17 10 7 34 12 13102 Y 6 18 8 13 39 15 13103 Y 5 3 3 0 6 4 13104 Y 6- 10 8 8 26 6 13203 Y 6 7 5 4 16 5 ,... Y * 4 2 1 7 4 Y 9 5 0 14 5 Y 9 3 8 20 12 13301 Y 29 10 19 58 22 13302 Y I 20 8 13 41 20 Y 28 16 17 61 22 Y 18 12 27 57 27 Y 11 13 15 39 15 Y 31 14 31 76 38 Y 6 35 24 41 43 Y 6 182 114 171 N 6 55 29 " 41 "' --, y 15 10 16 41 22 Y 6 244 130 188 13401 N 6 18 12 16 46 16 13409 Y 3 22 11 10 43 17 13410 N 6 41 15 24 80 27 13411 N 5 5 13412 N 5 8 6 9 23 13 13413 Y 5 32 "^ 26 73 20 ,~ 13414 N 4 35 13 24 72 27 13415 Y 5 8 5 2 15 3 13416 Y 5 6 3 9 18 5 13417 N 4+t 7 10 7 24 2 Y "" 38 21 50 Y 6 66 35 51 21303 N 5 25 19 12 56 24 . - , Census Tracts Identified as eligible If any block group Wlthln the tract was LMMI. DRAFT 2008/2009 Action Plan Amendment INSPl Narrative Page 3 of 14 8-10 Target Neighborhoods - Areas of Greatest Need Based on the data collected above, those census tracts that had the highest risk and foreclosures were identified, as illustrated in Exhibit E and Table 2. They included one or more of the following criteria: . HU D Risk score of 7 or higher; . 100 or more recorded properties in foreclosure; and/or . 50 or more properties registered in Abandoned Residential Properties program. Table 2 Census Tracts with Greatest Need 12402 Y 12 5 11 28 12500 Y 19 4 5 28 12600 y 21 12 10 43 12700 Y 13 6 8 27 13205 y 9 5 0 14 13206 Y 9 3 8 20 13303 y 28 16 17 61 13306 y 18 12 27 57 13307 y 11 13 15 39 13308 Y 31 14 31 76 13309 y 35 24 41 13310 Y 182 114 171 13311 N 55 29 37 13312 Y 15 10 16 13313 Y 244 130 188 13418 Y 38 21 50 13419 y 66 35 51 Since funding is limited, further analysis of the identified census tracts was required in order to determine which should be included as Target Neighborhoods, in order to impact specific communities within the City. Census tracts 12500 and 12600 are largely occupied by the undeveloped Bayfrant with little residential property and were therefore excluded. In addition, census tracts 13205 and 13206 are located along primarily industrial corridors with little residential property. Tracts 13309 and 13312 were also excluded in order to more directly target the southwest neighborhood west of Interstate 805 (1-805). Finally census tracts 13311 and 13419 was excluded due to a high cost of houses in that area and in order to focus funds more directly at the older section of Eastlake and Otay Ranch where higher foreclosure rates exist. The resulting focus areas are as follows, and depicted in Exhibits F - I: 1. Northwest Target Neighborhood - consisting of census tracts 12402 and 12700; 2. Southwest Target Neighborhood - consisting of census tracts 13303, 13306, 13307, and the residential portion of tract 13308; and 3. Eastern Target Neighborhood - consisting of census tracts 13418 and portions of tracts 1 3310 and 13 311 . DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 4 of 14 8-11 B. DISTRIBUTION AND USES OF FUNDS NSP Eligible Uses and Activities Some of the eligible uses for the funds include but are not limited to: . Financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties (e.g. 50ft-seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers); . Purchase and rehabilitation of homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties; . Establishing land banks for homes that have been foreclosed upon; and . Demolition of blighted structures. Ineligible Activities In general NSP activities mirror eligibility requirements under CDBG. In addition, NSP funds cannot be used for foreclosure prevention, demolition of non-blighted structures, or purchase of properties not abandoned or foreclosed upon. Chula Vista Selected NSP Uses and Activities The City of Chula Vista has identified the selected NSP eligible uses and activities in the table below. The funds will be used in two primary activities, plus administration: Activity Targeted Uses Eligible Activities Assist a partner in the Purchase & Rehabilitation of abandoned or foreclosed properties for permanent rental housing, . Acquisition including but not limited to, Households at or . Disposition Community Housing below 50% of Area Relocation Development Organizations Median Income . (CHDO), members of the San . Rehabi I itation Diego Regional Continuum of Care Council, and/or affordable housing develooer Households earning Establish financing mechanisms up to 120% of Area . Acquisition for acquisition of abandoned or Median Income may . Rehabilitation foreclosed properties- Shared be eligible for a DCCA . Appraisals Equity Down Payment and at the subsidy levels Closing Cost Assistance Program described in the . Program Delivery (DCCA) Financing Mechanisms . Housing Counseling Section of this report Funding for the down payment and closing cost assistance will be prioritized to those areas of greatest need, Target Neighborhoods, as identified above. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page50f14 8-12 Funding Breakdown The City of Chula Vista will receive $2,830,072 in NSP funding. The City plans to use 55% of this funding as a financing mechanism to assist persons at or below 120% of area median income and 35% of the funding for acquisition/rehabilitation of abandoned/foreclosed properties to assist persons at or below 50% of area median income. The remaining 10% or $283,007 will be used for administration. Note that it may be necessary to shift funding from one eligible use to another in order to meet the expenditure deadlines. However, as required by the NSP, the percentage of Administration funding will not exceed 10% of the allocation and at least 25% will be used for eligible activities to benefit persons or households at or below 50% of the area median income. An illustration of the distribution and summary of each activity follows. Distribution of Chula Vista NSP Funding Adrrinistration 10% or $283.007 DCCA to < 120% AM 55% or $1,547,065 Fl.Jrchase & Rehabilitation for Rentai to < 50% AMI 35% or $1,000,000 Financin~ Mechanism (DCCA) (Section 2301 (c)(3)(A)) The City plans to use 55% or $1,547,065 of this funding as a financing mechanism [Shared Equity: Down Payment and Closing Cost Assistance (DCCAl] to assist persons at or below 120% of area median income to acquire foreclosed or abandoned residential properties. Priority will be given to first-time homebuyers that are purchasing within the Targeted Neighborhoods and will closely mirror the City's existing program guidelines for the Shared Equity: Down Payment and Closing Cost Assistance Program, by providing gap financing, as follows: . Homebuyers with household incomes that do not exceed 120% of area median income may borrow up to $40,000. . Homebuyers with household incomes that do not exceed 80% of area median income may borrow up to $70,000. . Up to $24,999 of the total funds ($40,000 or $70,000) can be used towards home repair and rehabilitation. In addition to the NSP funds, the City may allocate additional HOME Investment Partnership entitlement funds towards down payment assistance for persons at or below 80% AMI towards Down Payment and Closing Cost Assistance of REO (i.e. bank owned) properties. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 6 of 14 8-13 Acquisition/Rehabilitation & Rental for Very Low Income Tenants (Section 2301 (i)(3)(A)(ii)) There is a very low income set aside provision in HERA where at least 25% of the NSP funds must be utilized for the benefit of families at or below 50% area median income. The City has exceeded this requirement by identifying 35% or $1,000,000 of the NSP funding to acquire/rehabilitate single units or multi-family units in partnership with an organization to provide permanent rental housing. The City will issue a Notice of Funding Availability (NOFA) to partner with such organizations, including but not limited to: Community Housing Development Organizations (CHDOs); participating members of the San Diego Regional Continuum of Care Council; and/or an affordable housing developer. Pre-Award Costs and Administration The City may incur pre-award costs in compliance with 24 CFR Part 570.200(h). Permissible costs incurred as of September 29, 2008 for items such as development of the Action Plan amendment and other administrative actions necessary to receive the NSP grant funds from HUD. In addition, post-award cost will be used for Administration and Management of NSP funds. C. DEFINITIONS AND DESCRIPTION Affordable Rents: For the purposes of NSP funds, 'affordable rents" shall be defined using the LOW HOME Program Rent definition for persons below 50% of area median income, which includes a breakdown of 30% and 50% of area median income. At no time shall the rent exceed HUD's Fair Market Rent. The guidelines used for the determination of affordable rents under the HOME program are fou nd at hnp://www.hud.gov/offices/cpd/affordablehou5Ing/ progr ams/ho me/ Area Income Limits: The table contains income limits for extremely low, very low, low and moderate income, as adjusted for family size and other factors adopted and amended from time to time by the U.S. Department of Housing and Urban Development. 44,250.00 27,650.00 $16,600.00 $50,550.00 $31.600.00 $18,950.00 $56,900.00 $35,550.00 $2l.350.00 $63,200.00 $39,500.00 23.700.00 $68,250.00 $42,650.00 $25,600.00 $73,300.00 $45,800.00 27,500.00 78,350.00 $49,000.00 $29.400.00 $114,200.00 $83.400.00 $52,150.00 $31.300.00 (11 U.s. Department of Housing and Urban Development, effective February 2008 DRAFT 2008/2009 Adion Plan Amendment (NSP) Narrative Page7of14 8-14 Blight: California Health & Safety Code Section 33030 defines "blighted area" as one that is: 1. Predominately urbanized; 2. Underutilized to the extent that is constitutes a serious physical and economic burden on the community; and 3. Characterized by one or more physical or economic conditions as described and set forth in Section 33031 to follow a. This subdivision describes physical conditions that cause blight: i. Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. II. Factors that prevent or substantiafly hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. III. Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area. 4. The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. a. This subdivision describes economic conditions that cause blight: i. Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459). ii. Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. iii. A lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions. iv. Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults that has led to problems of public safety and welfare. v. A high crime rate that constitutes a serious threat to the public safety and welfare. Continued Affordability: For homebuyers, the City will use the standards of its HOME Down Payment and Closing Cost Assistance Program where homebuyers repay the loan upon transfer, sale or refinancing of the home. Such covenants are recorded against the property. For rental the City will ensure the entire period of affordability through monitoring, following the specific HOME monitoring requirements as defined in 24 CFR Part 92. Rehabilitation Standards: For NSP related rehabilitation efforts, the City of Chula Vista will utilize the existing Community Housing Improvement Program (CHIP) Rehabilitation Standards. The CHIP Rehabilitation Standards are used to prioritize work items when determining the final scope of work. Priorities include: DRAFT 2008/2009 Action Plan Amendment (N5P) Narrative Page8of14 8-15 1. First priority is the elimination of California Health/Safety hazards and code violations. This may include the following major systems or building components: a. Structural: foundations, footings, chimneys, framing, siding, subfloors, roof diaphragm, retaining walls, ete. b. Plumbing: drain, waste, and vent systems, hot and cold water pipes, drainage systems, plumbing fixtures, bathtubs, sinks, toilets, hot water heaters, ete. e. Mechanical: heating and air conditioning to include any built-in, floor, central, wall gas or electric unit. d. Electrical: safe adequate wiring, service panel/amperage for modern conveniences, service entrance, receptacles and, interior/exterior lighting. e. Interior/Exterior building components: floor coverings, ranges/refrigerators, garbage disposal, kitchen cabinets, counter tops, vanities, drywall, painting, doors, windows, weatherization, smoke alarms, security bars, hazardous building construction materials, concrete work and fencing etc. f. Required Lead-Based Paint remediation. 2. Second priority is the elimination of potential violations. These work items would include all of the work mentioned above that are not code violations today, but will become violations at some time in the near future (two years or less). Examples i ncl ude: a. A roof covering that has reached its life expectancy, but shows no sign of leaking. b. Floor covering that is excessively worn and in a reasonably short period of time will no longer be effective for the intended use. e. Kitchen counter tops, appliances, bath vanities or tub surrounds which show pitted or worn surfaces but are not bad enough to classify as a code violation. d. Paint that is aged near its useful life expectancy but remains a washable surface and provides adequate water and weather protection. 3. Third priority is energy and/or water conservation improvements. These conservation improvements or repairs include insulation, water saving toilets or other fixture, energy-efficient appl iances, water heaters and xeriscope yard improvements. 4. Fourth priority is general property improvements. General property improvements are those items which cannot be classified in the first three categories but by their inclusion enhance the exterior or interior appearance of the dwelling or occupancy of the inhabitants. For the most part, general property improvements are limited to funding sources that allow them. In all cases the work must be justified. "Luxury" items are not allowed. Some examples of general property improvements are: a. Dishwashers (dishwashers may be a higher priority depending on circumstances i.e., medical needs or replacement of an existing non-functioning unit). b. Upgrading floor covering that may not be a safety or incipient violation. e. Upgrading of obsolete kitchen cabinets that are in good to fair condition. Individual rehabilitation programs administered by the City may forbid the installation or repair of certain items. It is the responsibility of the City CHIP Committee to know and understand program regulations and make decisions accordingly. In addition, a Code Enforcement Officer will be on the Committee to DRAFT 2008/2009 Action Plan Amendment (NSPI Narrative Page9of14 8-16 insure that corrective items that are in violation of the City of Chula Vista's building codes/ordinances as well as the Uniform Building Code, National Electric Code, Uniform Plumbing Code and the Uniform Housing Code are corrected. Termite Repairs - a Termite Inspection Report is required and is prepared for every home by a liCensed inspector. The report should identify any termite or dry rot damaged wood members in the home as well as whether or not there are any active termite infestations in the home. Any termite or dry rot damaged wood members in the home are required to be replaced or repaired due to the health and safety risk they pose to the structural integrity of the home. Fumigation or other treatments recommended to eliminate any active termite infestations are required. Ineli!<ible Items - There are specific items that mayor may not be allowed as eligible work and are determined by need, circumstances and individual program parameters. These items include: 1. Room Additions 2. Patio Covers and Slabs (replacement only unless existing conditions can be documented/justified and authorized by the CHIP Committee) 3. Landscaping (except in the case of xeriscope yard improvements) 4. Garages and Carports S. Window Coverings The following items are ineligible under most programs offered by the City: 1. Luxury materials, appliances, etc. 2. Replacement of items in "like new" condition early in to normal life expectancy 3. Mirrored closet doors 4. Greenhouses 5. Animal kennels!cages/runs 6. Swimming pools 7. Saunas/spas/sunken tubs 8. Outdoor fireplaces/barbecues 9. Trash compactors 10. Tennis courts 11. Wet bars 12. Security systems D. VERY LOW INCOME TARGETING The City ofChula Vista will allocate $1,000,000 of NSP funds for the purpose of purchasing and rehabilitating abandoned or foreclosed upon homes or residential properties for rental housing for individuals or families whose incomes do not exceed 50% of the San Diego area median income. The amount of NSP funds allocated to this activity represents 35% of the entire NSP funds, exceeding the required amount by 25%. E. ACQUISITION AND RELOCATION HUD requires that grantees indicate if they intend to demolish or convert low- and moderate-income dwelling units. The City of Chula Vista does not intend to conduct these activities. F. PUBLIC PARTICIPATION HU D requires that a summary of public comments received to the proposed NSP Substantial Amendment be included in the final document submitted and that a 15-day DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 10 of 14 8-17 public review period be provided. Any comments received and responses to those comments will be included in the final substantial amendment submitted to HUD on December 1, 2008. The City of Chula Vista established a web page dedicated to the NSP to advertise upcoming meetings and provide general information to the public. A summary of additional opportunities for public input follows: 1. Public Meetings: The following properly noticed public meetings were held to obtain public input on the proposed uses for the NSP funds: . Public Meeting: October 16, 2008 . Public Meeting: November 6, 2008 . Chula Vista Redevelopment Corporation: November 13, 2008 . Housing Advisory Committee: November 13, 2008 . City Council Public Hearing: November 18, 2008 2. Public Review Period: A fifteen-day public comment period was held from November 10 through November 24, 2008. Copies of the draft Action Plan Amendment were made available to the public at the office of Redevelopment and Housing office as well as the departmental website. 3. Public Comments Received: (To be included after the end of the public comment period and final Amendment). . G. NSP INFORMATION BY ACTIVITY The City will utilize NSP funds for Activities 1,2 and 3, as follows: ACTIVITY NSP-1 1. Activity Name: Partner with organization to acquire and rehabilitate foreclosed or abandoned properties for purpose of renting to persons at or below 50% AMI. 2. Activity Type: This NSP activity provides for the purchase and rehabilitation of home and residential properties that have been abandoned or foreclosed upon in order to rent such homes and properties. The CDBC eligible activities planned to be undertaken for this program include: . Acquisition, 24 CFR 570.201 (a) . Disposition, 24 CFR 570.201 (b) . Relocation, 24 CFR 570.201 (i) . Eligible rehabilitation and preservation activities for homes and other residential properties, 24 CFR 570.202 (a)(1 )(b)(l )(2)(4)(5)(6)(7)(iv)(9)(ii) 3. CDBG National Objective: Very Low Income residents at or below 50% AMI. 4. Activity Description: This NSP activity provides for the purchase and rehabilitation of residential and multi-family properties that have been abandoned or foreclosed upon in order to rent such homes and properties to low income families in accordance with NSP regulations. The City intends to issue a Notice of Funding Availability (NOFA) to partner not limited to a Community Housing Development Organization (CHDO) and/or a participating member of the San Diego Regional Continuum of Care Council to identify and purchase such properties while leveraging other available funding for rental housing. The purchase price must be priced at a discount consistent and appraised in accordance with HUD NSP requirements. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 11 of 14 8-18 5. Location Description: Program will be city-wide with priority given to the census tracts containing the highest existing and predicted foreclosure rates, based on data collected in Exhibits A-E. These have been designated as neighborhoods of high risk and include census tracts: 12402, 12700, 13303, 13306, 13307, 13418 and portions of tracts 13308, 13310, and 13311, detailed in Exhibits "G-I" attached. 6. Performance Measures: Number of rental units created, minimum of 4-6. 7. Total Budget: $1,000,000 8. Responsible Organization: City of ChuJa Vista, Redevelopment & Housing; 276 Fourth Avenue, Chula Vista, California 91910; contact: Amanda Mills, Manager Redevelopment & Housing, (619) 409-5948 9. Projected Start Date: January 1, 2009 10. Projected End Date: January 1, 2013 11 . Specific Activity Requi rements: For acquisition activities, include: . Discount rate - Fifteen percent (15%) For financing activities, include: . Range of interest rates - 3% deferred, secured by deed of trust For housing related activities, include: . Tenure of beneficiaries-rental or homeownership - Rental . Duration or term of assistance - Minimum fifteen (15) year afford ability period . A description of how the design of the activity will ensure continued affordability- Continued affordability ensured by recorded covenants, a minimum 15-year affordability term ACTIVITY NSP-2 1. Activity Name: Shared Equity: Down-Payment and Closing Cost Assistance Program 2. Activity Type: This NSP activity provides financing mechanisms for purchase and rehabi I itation of f vacant foreclosed homes and residential properties. The CDBG eligible activities planned to be undertaken for this program include: . Direct homeownership assistance, 24 CFR 570.201 (n)(1 )(2)(3)(4)(5) . Eligible rehabilitation and preservation activities for homes and other residential properties, 24 CFR 570.202 (a)(1 )(b)(1 )(2)(4)(5)(6)(7)(iv)(9)(ii) . Housing Counseling for those seeking to take part in the program, 24 CFR 570.201 (e) 3. CDBG National Objective: LMMH (Low and Moderate-Income Households) 4. Activity Description: Down Payment and Closing Cost Assistance will be provided to eligible homebuyers at or below 120% of the area median income, through homebuyer and housing rehabilitation assistance to stabilize communities within the City of Chula Vista that have the greatest need as discussed and identified under .Section A, Areas of Greatest Need. The City plans to use 55 % or $1,547,065 of this funding as a financing mechanism (Down Payment and Closing Cost Assistance) to assist persons at or below 120% of area median income to acquire foreclosed or abandoned residential properties. Priority will be given to first-time homebuyers that are purchasing within the Targeted Neighborhoods and will closely mirror the City's existing program guidelines for the Shared Equity: Down Payment and Closing Cost Assistance Program, by providing gap financing, as follows: . Homebuyers with household incomes that do not exceed 120% of area median income may borrow up to $40,000. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 12 of 14 8-19 . Homebuyers with household incomes that do not exceed 80% of area median income may borrow. up to $70,000. . Up to $24,999 of the total funds ($40,000 or $70,000) can be used towards home repair and rehabilitation. The Share Equity Down Payment and Closing Cost Assistance Program (DCCA) provides assistance to el igible homebuyers through homebuyer and housing rehabilitation assistance to stabilize communities within the City of Chula Vista that have the greatest need as discussed and identified on pages 1-3. Specifically, the DCCA program has been designed to meet the needs of homebuyers with very low, low, and moderate incomes who are unable to qualify for a mortgage and/or obtain the necessary down payment without gap financing. The home can be a single family residence, condominium, or townhouse dwelling. The home must be vacant and foreclosed upon or abandoned pursuant to NSP program guidelines, and must be used as the principal residence of the homebuyer. Priority is given to eligible homebuyers that are purchasing homes in specific target areas within the City Of Chula Vista. This program will provide secured loans as follows: a. The homebuyer's purchase price must be at least 5% (pursuant to HU D's NSP program guidelines) below the current market appraised value of the property pursuant to an appraisal dated within 60 days of the offer to purchase. The appraisal must conform to the requirements of 49 CFR 24.103. All eligible homebuyers must attend and complete at least 8 hours of homebuyer counseling from a HUD-approved housing counseling agency before obtaining a DCCA program loan. Priority will be provided to eligible fir~t time homebuyers with household incomes that do not exceed middle-income (120% of area median income). The value of the home may not exceed the City's HOME maximum purchase price. All loans will have no interest and will be secured by a Second Deed of Trust that is second in priority after the first Deed of Trust. All repayments to the City are deferred until sale, transfer, refinancing or fu II repayment of the first mortgage. I n order to meet the N S P statutory deadlines to expedite commitment and expenditure of program funds, the City's existing DCCA program will be updated to reflect the NSP program requirements. The City DCCA program will include affirmative marketing, environmental clearance, compliance with the City's rehabilitation requirements and inspedion standards, and lead-based paint requirements found in 24 CFR Part 35. [The City's NSP DCCA Program has also been designed to provide the homebuyers with housing rehabilitation assistance on an as needed basis. Eligible homebuyers may receive up to $24,999 for rehabilitation. However, this will reduce the amount available for total DCCA Assistance ($70,000 or $40,000)]. b. After completion of the purchase, the rehabilitation program assistance must be used to make the home to a decent, safe, and habitable condition in accordance with the DCCA property standards. 5. location Description: Program will be city-wide with priority given to the census tracts containing the highest existing and predicted foreclosure rates, based on data collected in Exhibits A-E. These have been designated as neighborhoods of high risk and include census tracts: 12402, 12700, 13303, 13306, 13307, 13418 and portions of tracts 13308, 13310, and 13311, detailed in Exhibits "G-I" attached. 6. Performance Measures: Assist homebuyers purchase and rehabilitate 22-38 properties, dependant on levels of gap financing assis.tance. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 1 3 of 14 8-20 7. Total Budget: $1,547,065 8. Responsible Organization: City of Chula Vista, Redevelopment & Housing; 276 Fourth Avenue, Chula Vista, California 91910; contact: Amanda Mills, Manager Redevelopment & Housing, (619) 409-5948 9. Projected Start Date: January 1, 2009 10. Projected End Date: january 1,2013 11. Specific Activity Requirements: For acquisition activities, include: . Discount rate - Minimum of 5% and/or consistent with HUD NSP requirements For financing activities, include: . Range of interest rates - Zero percent (0%) interest deferred payment loan. Housing related activities: . Tenure of beneficiaries-rental or homeownership - Homeownership . Duration or term of assistance - Minimum fifteen (15) year affordability period . A description of how the design of the activity will ensure continued affordabil ity - Continued affordability of the recapture option ensured by recorded covenants. ACTIVITY NSP-3 1. Activity Name: Administration of the Neighborhood and Stabilization Program 2. Activity Type: Planning and Administration (CDBG 24 CFR570.206) 3. CDBG National Objective: Planning and administration activities are exempt from national objective requirement. 4. Activity Description: Administration funds will.be utilized for staff costs associated with the management and administration of Chula Vista's NSP program, including planning, regulatory compliance (i.e underwriting loans, monitoring, inspections, etc.), contract administration, and fiscal management. 5. location Description: The City of Chula Vista Department of Redevelopment and Housing will be the lead on this program. 276 Fourth Avenue, Chula Vista, CA 91910. 6. Performance Measures: Administration activities are exempt from this requirement. 7. Total Budget: $283,000 8. Responsible Organization: City of Chula Vista, Redevelopment and Housing will be the lead on this program with the following persons as administrators: o Angelica Davis, Project Coordinator (619) 691-5036, adavis@ci.chula-vista.ca.us o Jose Dorado, Project Coordinator (619) 476-5375, jdorado@ci.chula-vista.ca.us o Stacey Kurz, Senior Project Coordinator (619) 585-5609, skurz@ci.chula-vista.ca.us 9. Projected Start Date: january 1, 2009 10. Projected End Date: january 1, 2013 11. Specific Activity Requirements: Not Applicable DRAFT 2008/2009 Action Plan Amendment INSP) Narrative Page 14 of 14 8-21 EXHIBIT A Low- and Moderate-Income Eligible Census Tracts // / ) I W l- e::( 0::)- WI- QI-I 0;::: ~lXl -1-1 ==~ 0...1 ...IW /, / - /z:,' 'f j,/" ,; p. .;.;1 . '// , :0'-; ;0-/' \ ), --I '\, ,-J f/ }) c I . '" l::~ 0 oJ '5: . .,- ". 1: 'j; 0 ~ <5 ~ 'l' '" ~ 0: :& ~ ;; S- o: 0 o 8 N ;; ~ ~ 0 . " .. . " . El 0; w w ~D >- ... :l a; G - ..J OJ 8 \& :;: ~ 3 ~.~ -: ~s ~ ~:r:: : '"'t1 ~ . ~ ~ - . '" " DRAFT 2008/2009 Action Plan Amendment (NSP) Exhibit A 8-22 EXHIBIT B HUD High Foreclosure Risk Factor DRAFT 2008/2009 Action Plan Amendment (NSP) ExhibitB 8-23 e . .. ~ . <.~ N " = II ~ 0 ~ '" II Vl ~ a: ^.'? ~~ . ;: 0 .~ ...~ ; ;:~ ~ . -Ii ~ '" ~ " ." ~ :it '" .. ~ i o '" " !e ~ I o 9- 0: o o .: N " .- ~ o o i5 . ;; ~ D EXHIBIT C Recorded Properties in Foreclosure from 6/1/08 to 9/30/08 c ~ ~ s ~~ ~ N i ~ 0 ,..' ~ 0 ~ ~ r; :I: N .. .. ~ ~ JO * ~ 0 0: ( \ j \~-- f) !. ) ~ ~ ;: ~ .. o . ;; . u D ~ ~ . " 'E 0 ~ e ~ = ~ ~ F . 0 . ~,~ ~ ;: ~ ;; ~:c; ~-t .. ~ ~ . " . '" DRAFT 2008/2009 Action Plan Amendment (NSP) Exhibit C 8-24 EXHIBIT D Properties Registered in Chula Vista Abandoned Residential Properties Program as of 10/15/08 C E . ID ] ~ r~ l< " g;. ~ ... ~ 0 ~ "(5 ~ 'l: N -' ~ ~ " B . , ~ 0 " 1 I ../ ( ", ~ ,_J fF ) ~ . ~ ~ o . . . u D * v l< " . o~ < - = ~ ~~ - E- : ~il ~ -S: - . " ~ i - '" DRAFT 2008/2009 Action Plan Amendment (NSP) Exhibit D 8-25 ~o ::'.): [~ t>1N o o CO ~ N o o CO )- :4 0' => ." ., => )- 3 '" => 0- 3 '" '" co I '" en z '" ::!l ~ / CENSUS TRACTS WITH HIGHEST RISK AND FORECLOSURES \ J---) 1''"' "'- '''''"."..,...""s....(} Redevelopment SW &HolIsJng Hlghl~lted CenslIs Trocts hiWe D Cellsus li'ac.t 2000 one flf more of Ule foUowh)g: . t-RJDR15kswreof7orhlgh€'f . 100 or more recorded IlfOper~s h fore(hsue . 50 01' Illore properties regl9rered In RAP plogr<lm o o 1.25 ..."" 2.5 P :\pro Jeds\REr€V&liSG\lov.Mod\MClI'\R Iskforedosure.mxd n II> '" '" c: '" -; ~ ~ t'l .... '" ~ ;;: ::r :I: OQ ::r ;>:l 0;' ^ ~ '" c.. "TI o rD ~ !:2.J: o - ~ ~ ~ -; '" m EXHIBIT F Target Neighborhoods c " " ~ " g :> ~ ~ ~ ~ o '" " ::e '" iO ~ l!i .It ~ 6: ~ j!:~ N o ::J: ~ 1-1:::.:::: ::J:V) ::J:I-I ",..a: .--:;.- ~Q-<~ :> Z ~ ,I V)< --v-.., I- "--s ULLl <a: a:=> I-V) o V)...I => U. V)LLI Za: LLlO Uu.. J ~ ." Ii !! ,. S ~ ~ B D , . R u Z ~ ~ ~ . 0 . . ~ . II ~ o . " ~ ~ " <;,;~ . ~ ~ - "c .~ B c - 1 . '" DRAFT 2008/2009 Action Plan Amendment (NSP) Exhibit F 8-27 EXHIBIT G Northwest Target Neighborhood :a\ ,. \ ~:;~~.::\ r-'\\ \~ '. \\ " \ \\ ___.i;~~:":-:, 1260b \ \\ \ \\ CITY Qr CUlJL.\ VJsr^^ RedevelopmentV &Housing ... TargetNe~fhoeid North D Census Tract 2000 I ! Parc:eI6lmldary >-<. ; ',.~. . ,.-~ ""'" 0 0 1100 2200 P; \Projed:s\REDEY&HSG\lov.t4od\Map\ TdrgetNorth.mxd DRAFT 2008/2009 Action Plan Amendment INSP) Exhibit G 8-28 EXHIBIT H Southwest Target Neighborhood ;'~i:;!\ - :...,g-....~'.;:..-:"..."':>;,. ~;-;:',', c:' 'ii , , r-", , ' --- 001 m~:::~~::::~:~ &Housing IiiIWget Neirj1bofhood Southwest Dcen5USli'act20oo I I PCI"cel Bomcliry o 1200 24~O P:\Projed3\RECEV~SG\lov.flo1od\Map\ TClI"gelSoulhwestmll:d DRAFT 2008/2009 Adion Plan Amendment (NSP) Exhibit H 8-29 EXHIBIT I East Target Neighborhood c_rrY or CIlt:L., VlSTAA RedevelopmentV &Housing 11II 'WgetNei(;1borhood East D CE!ll~ltac:t2000 ! : Pa"celBotxlCklry - ,... UOO o o 1100 P;\Pro.iect5"RS:EVaHSG\Lo....t1lod'~\T.,.gelEast.nu:d DRAFT 2008/2009 Adion Plan Amendment (NSP) Exhibit I 8-30 Certifications (1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti-lobbying. The jurisdiction will comply with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if required by that part. (3) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (4) Consistency with Plan. The housing activities to be undertaken with NSP funds are consistent with its consolidated plan, which means that NSP funds will be used to meet the congressionally identified needs of abandoned and foreclosed homes in the targeted area set forth in the grantee's substantial amendment. (5) Acquisition and relocation. The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.s.e. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the Notice for the NSP program published by HUD. (6) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.s.e. 1701 u), arid implementing regulations at 24 CFR part 135. (7) Citizen Participation. The jurisdiction is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as modified by NSP requirements. (8) Following Plan. The jurisdiction is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. (9) Use of funds in 18 months. The jurisdiction will comply with Title III of Division B of the Housing and Economic Recovery Act of 2008 by using, as defined in the NSP Notice, all of its grant funds within 18 months of receipt of the grant. (10) Use NSP funds s 120 of AMI. The jurisdiction will comply with the requirement that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income. (11) Assessments. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBC funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of 200812009 Action Plan Amendment (NSP) Certifications Page 1 of 2 8-31 obtaining access to such public improvements. However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than COBC funds. In addition, with respect to properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or COBG funds to cover the assessment. (12) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from, a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. (13) Compliance with anti-discrimination laws. The NSP grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.c. 2000d), the Fair Housing Act (42 U.S.c. 3601-3619), and implementing regulations. (14) Compliance with lead-based paint procedures. The activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title. (15) Compliance with laws. The jurisdiction will comply with applicable laws. Scott Tulloch, Acting City Manager Date 2008/2009 Action Plan Amendment (NSP) Certifications Page 2 of 2 8-32 CHECKLIST For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the NSP Substantial Amendment and SF-424. Jurisdiction(s): Lead Agency Jurisdiction Web Address: (URL where NSP Substantial Amendment materials are posted) Contents of an NSP Action Plan Substantial Amendment NSP Contact Person: Address: Telephone: Fax: Email: The elements in the substantial amendment required for the Neighborhood Stabilization Program are: A. Areas of Greatest Need Does the submission include summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction? YeslSJ NoD. Verification found on page~. B. Distribution and Uses of Funds Does the submission contain a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301 (c)(2) of HERA that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a subprime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate of home foreclosures? YeslSJ NoD Verification found on page~. Note: The grantee's narrative must address the three stipulated need categories in the NSP statute, but the grantee may also consider other need categories. C. Definitions and Descriptions For the purposes of the NSP, do the narratives include: . a definition of "blighted struCture" in the context of state or local law, Yes ISJ NoDVerification found on page 8 . a definition of "affordable rents: YeslSJ NoD Verification found on page -Z-. . a description of how the grantee will ensure continued affordability for NSP assisted housing, YeslSJ NoD Verification found on page--L. . a description of housing rehabilitation standards that will apply to NSP assisted activities? YeslSJ NoD Verification found on page~. 2008/2009 Action Plan Amendment (NSP) Checklist Page 1 of 2 8-33 D. Information By Activity Does the submission contain information by activity describing how the grantee will use the funds, identifying: Activity No.1 . eligible use of funds under NSP, Yesi:2J NoD Verification found on page ~. . correlated eligible activity under CDBG, Yesi:2J NoD Verification found on page ~. . the areas of greatest need addressed by the activity or activities, Yesi:2J NoD Verification found on page 11 . exp~cted benefit to income-qualified persons or households or areas, Yesi:2J NoD Verification found on page ~. . appropriate performance measures for the activity, Yesi:2J NoD Verification found on page~. . amount of funds budgeted for the activity, Yesi:2J NoD Verification found on page~. . the name, location and contact information for the entity that will carry out the activity, Yesi:2J NoD Verification foUnd on page~. . expected start and end dates of the activity? Yesi:2J NoD Verification found on page.J1.. Activity No.2 . eligible use of funds under NSP, Yesi:2J NoD Verification found on page ~. . correlated eligible activity under CDBG, Yesi:2J NoD Verification found on page ~. . the areas of greatest need addressed by the activity or activities, Yesi:2J NoD Verification found on page 12 . . expected benefit to income-qualified persons or households or areas, Yesi:2J NoD Verification found on page ~. . appropriate performance measures for the activity, Yesi:2J NoD Verification found on page --.li. . amount of funds budgeted for the activity, Yesi:2J NoD Verification found on page~. . the name, location and contact information for the entity that will carry out the activity, Yesi:2J NoD Verification found on page~. . expected start and end dates of the activity? Yesi:2J NoD Verification found on page ~. Activity No.3 . eligible use of funds under NSP, Yesi:2J NoD Verification found on page~. . correlated eligible activity under CDBG, Yesi:2J NoD Verification found on page~. . the areas of greatest need addressed by the activity or activities, Yesi:2J . NoD Verification found on page~. 2008/2009 Action Plan Amendment (NSP) Checklist Page 2 of 5 8-34 . expected benefit to income-qualified persons or households or areas, Yes[l;l NoD Verification found on page~. . appropriate performance measures for the activity, Yes[l;l NoD Verification found on page~. . amount of funds budgeted for the activity, Yes[l;l NoD Verification found on page~. . the nameL location and .contact information for the entity that will carry out the activity, Yes[l;l NoD Verification found on page ~. . expected start and end dates of the activity? Yes[l;l NoD Verification found on page~. E. Specific Activity Requirements Does each activity narrative describe the general terms under which assistance will be provided, including: If the activity includes acquisition of real property, . the discount required for acquisition of foreclosed upon properties, Yes[l;l NoD Verification found on page 11, 12 and 16 If the activi Yes[l;l rovides financin , No Verification found on page~. If the activity provides housing, . duration or term of assistance, Yes[gJ NoD Verification found on page 14 and 16 . tenure of beneficiaries (e.g., rental or homeownership), Yes[gJ NoD Verification found on page 14 and 16 . does it ensure continued affordability? Yes[l;l NoD Verification found on page 8, 14 and 16 . does the applicant indicate which activities will count toward the statutory requirement that at least 25% of funds must be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals and families whose incomes do not exceed 50% of area median income? . Yes[gJ NoD Verification found on page 10 F. low Income targeting . Has the grantee described how it will meet the statutory requirement that at least 25 % of funds must be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals and families whose incomes do not exceed 50% of area median income? Yes[l;l NoD Verification found on page 10 . Has the grantee identified how the estimated amount of funds appropriated or otherwise made available will be used to purchase and redevelop abandoned or 2008/2009 Action Plan Amendment INSP) Checklist Page 3 of 5 8-35 foreclosed upon homes or residential properties for housing individuals or families whose incomes do not exceed 50% of area median income? Yes!l;J NoD Verification found on page 10 Amount budgeted $ $1,000,000 G. Demolishment or Conversion of low- And Moderate-Income Units Does grantee plan to demolish or convert any low- and moderate-income dwelling units? YesD No!l;J (If no, continue to next heading) Verification found on page Does the substantial amendment include: H. The number of low- and moderate-income dwelling units-i.e., :s 80% of area median income-reasonably expected to be demolished or converted as a direct result of NSP- assisted activities? YesD No!l;J. Verification found on page _n/a_. I. The number of NSP affordable housing units made available to low-, moderate-, and middle-income households-i.e., :s 120% of area median income-reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion)? Yes!l;J NoD Verification found on page 12 and 13 J. The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income? Yes!l;J NoD Verification found on page 10 H. Public Comment Period Was the proposed action plan amendment published via the grantee jurisdiction's usual methods and on the Internet for no less than 15 calendar days of public comment? Yes!l;J NoD Verification found on page_. Is there a summary of citizen comments included in the final amendment? Yes!l;J NoD Verification found on page_. I. Website Publication The following Documents are available on the grantee's website: . SF 424 Yes!l;J NoD. . Proposed NSP Substantial Amendment Yes!l;J NoD. . Final NSP Substantial Amendment Yes!l;J NoD. . Subsequent NSP Amendments Yes!l;J NoD. Website URl: hUp:/ /www.chulavistaca.aov/Citv Services/Development Services/RedevHousina/Housi na/Hausi naProarams/NSP.asp 2008/2009 Action Plan Amendment (NSP) Checklist Page 4 of 5 8-36 K. Certifications The following certifications are complete and accurate: (1) Affirmatively furthering fair housing (2) Anti-lobbying (3) Authority of Jurisdiction (4) Consistency with Plan (5) Acquisition and relocation (6) Section 3 (7) Citizen Participation (8) Following Plan (9) Use offunds in 18 months (10) Use NSP funds" 120 of AMI (11) No recovery of capital costs thru special assessments (12) Excessive Force (13) Compliance with anti-discrimination laws (14) Compliance with lead-based paint procedures (15) Compliance with laws YesC8J YesC8J YescgJ YesC8J YesC8J YescgJ YescgJ YesC8J YesC8J YescgJ YesC8J YesC8J YescgJ YescgJ YesC8J NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD 2008/2009 Action Plan Amendment INSPI Checklist Page 5 of 5 8-37 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A.,\J!ENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRAi"l"T NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE NORTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on May 6, 2008, pursuant to Resolution No. 2008-121, the City Council approved the Fiscal Year 2008/2009 Annual Action Plan for the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and the Emergency Shelter Orant (ESG) Federal Grant Programs; and WHEREAS, in September 2008, the United States Department of Housing and Urban Development (HUD) notified the City that the City is eligible to receive approximately $2.8 million in one-time CDBO funds through the new Neighborhood Stabilization Program (NSP) in addition to its arumal CDBG entitlement; and WHEREAS, staff has identified areas of greatest need for the use of these funds within the City and these target neighborhoods include portions of northwest and southwest Chula Vista, Eastlake, and Otay Ranch communities; and WHEREAS, in order to receive the NSP funds, the City must submit an amendment to the Annual Action Plan to HUD by December 1,2008; and WHEREAS, staff wishes to amend the Fiscal Year 2008/2009 Action Plan to allocate this one-time distribution of special CDBG NSP funds in the amount of $2,830,072 to a new project entitled "Neighborhood Stabilization Program". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it amends the Fiscal Year 2008/2009 Annual Action Plan and allocates $2,830,072 of Community Development Block Grant (CDBO) Neighborhood Stabilization Program (NSP) funds to be utilized in areas of greatest need including the Northwest Target Neighborhood to a new project entitled "Neighborhood Stabilization Program". 2. That it authorizes the submittal of the amendment to the Annual Action Plan to the United States Department of Housing and Urban Development (HUD). 8-38 Resolution Page 2 of2 3. That it authorizes the City Manager to execute any documents necessary to submit the proposed amendment to the Annual Action Plan to HUD and to receive the Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) funds. Presented by Approved as to form by ~o-- tL ~~ Bart Miesfeld Interim City Attorney Eric Crockett Assistant Director of Redevelopment and Housing .I:\Attllrney\F1NAL RESOS\2008\11 18 08\Actioll Plan Neighborho~~~~ization Program Amendment Reso A Northwest II-25-Q8.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE SOUTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on May 6, 2008, pursuant to Resolution No. 2008-121, the City Council approved the Fiscal Year 2008/2009 A.1mual Action Plan for the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and the Emergency Shelter Grant (ESG) Federal Grant Programs; and WHEREAS, in September 2008, the United States Department of Housing and Urban Development (HUD) notified the City that the City is eligible to receive approximately $2.8 million in one-time CDBG funds through the new Neighborhood Stabilization Program (NSP) in addition to its annual CDBG entitlement; and WHEREAS, staff has identified areas of greatest need for the use of these funds within the City and these target neighborhoods include portions of northwest and southwest Chula Vista, Eastlake, and Otay Ranch communities; and WHEREAS, in order to receive the NSP funds, the City must submit an amendment to the Annual Action Plan to HUD by December 1,2008; and WHEREAS, staff wishes to amend the Fiscal Year 2008/2009 Action Plan to allocate this one-time distribution of special CDBG NSP funds in the amount of $2,830,072 to a new project entitled "Neighborhood Stabilization Program". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: . l. That it amends the Fiscal Year 2008/2009 A1mual Action Plan and allocates $2,830,072 of Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) funds to be utilized in areas of greatest need including the Southwest Target Neighborhood to a new project entitled "Neighborhood Stabilization Program". 2. That it authorizes the submittal of the amendment to the A1mual Action Plan to the United States Department of Housing and Urban Development (HUD). 8-40 Resolution Page 2 of2 3. That it authorizes the City Manager to execute any documents necessary to submit the proposed amendment to the Annual Action Plan to HUD and to receive the Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) funds. Presented by Approved as to form by JL-.~~~ Bart Miesfeld Interim City Attorney Eric Crockett Assistant Director of Redevelopment and Housing .I:\f\ltnl11ey\FINAL RESQS\2008\! 1 18 08\Actiol1 Plan NejghbOrho~~tt~izatiol1 Program Amendment Reso B Southwestll-25-08.doc . RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE EAST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING A..ND URBAN DEVELOPMENT WHEREAS, on May 6, 2008, pursuant to Resolution No. 2008-121, the City Council approved the Fiscal Year 2008/2009 Annual Action Plan for the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and the Emergency Shelter Grant (ESG) Federal Grant Programs; and WHEREAS, in September 2008, the United States Department of Housing and Urban Development (HUD) notified the City that the City is eligible to receive approximately $2.8 million in one-time CDBG funds through the new Neighborhood Stabilization Program (NSP) in addition to its annual CDBG entitlement; and WHEREAS, staff has identified areas of greatest need for the use of these funds within the City and these target neighborhoods include portions of northwest and southwest Chula Vista, Eastlake, and Otay Ranch communities; and WHEREAS, in order to receive the NSP funds, the City must submit an amendment to the Annual Action Plan to HUD by December 1, 2008; and WHEREAS, staff wishes to amend the Fiscal Year 2008/2009 Action Plan to allocate this one-time distribution of special CDBG NSP funds in the amount of $2,830,072 to a new project entitled "Neighborhood Stabilization Program". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it amends the Fiscal Year 2008/2009 Annual Action Plan and allocates $2,830,072 of Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) funds to be utilized in areas of greatest need including the East Target Neighborhood to a new project entitled "Neighborhood Stabilization Program". 2. That it authorizes the submittal of the amendment to the Annual Action Plan to the United States Department of Housing and Urban Development (HUD). 8-42 Resolution Page 2 of2 3. That it authorizes the City Manager to execute any documents necessary to submit the proposed amendment to the Annual Action Plan to HUD and to receive the Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) funds. Presented by Approved as to form by Eric Crockett Assistant Director of Redevelopment and Housing --I~~ a~ J=o Bart Miesfeld - Interim City Attorney J:\Attlll11ey\FINAL RESOS\2008\11 18 08\Action Plun Neighborho~2tt~izatiol1 Program Amendment Reso C East 11-25-08.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ALLOCATING $452,936 OF HOME INVESTMENT PARTNERSHIIP ACT (HOME) FUNDS TO THE PILOT HOMEOWNERS HIP PROGRAM FOR REAL ESTATE OWNED PROPERTIES WHEREAS, on April 16,2002, pursuant to Resolution No. 2002-118, the City Council approved a First-Time Homebuyer Downpayment and Closing Cost Assistance (DCCA) Program to assist low-income home buyers; and WHEREAS, the City and Community Housing Works have entered into an agreement for the management of the DCCA program; and WHEREAS, Community Housing Works offered an innovative pilot program that would provide an incentive for low-income families wishing to enter the homeownership market to purchase abandoned foreclosed property; and WHEREAS, on June 17, 2008, the City Council adopted Resolution No. 2008-158 establishing a new non-CIP project for this pilot homeownership program for real estate owned properties and appropriating $300,000 of available HOME Investment Partnership Act funds to that proj ect; and WHEREAS, staff wishes to allocate $452,936 in additional HOME Investment Partnership (HOME) funds to that pilot homeownership program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it allocates $452,936 of available HOME Investment Partnership (HOME) funds to the pilot homeownership program for real estate owned properties. Eric Crockett Assistant Director of Redevelopment and Housing Approved as to form by -.~(1 ~ Bart Miesfeld Interim City Attorney ~. () Presented by 8-44 CITY COUNCIL AGENDA STATEMENT ~?::. CITY OF -~ (HUlA VISTA NOVEMBER 25,2008, Item3- SUBMITTED BY: PUBLIC HEARING TO PRESENT THE 2007/2008 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) AND SOLICIT PUBLIC INPUT ON THE FUNDING PRlORlTIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), THE HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) FOR THE 2009/2010 PROGRAM ASSISTANT >>fB.EGff9tR OF REDEVELOPMENT AND HOUSINq,/?' ~ INTERlM CITY MANAGER 01 ITEM TITLE: REVIEWED BY: 4/STHS VOTE: YES D NO ~ SUMMARY The purpose of the public hearing is to provide the public with a year-end performance report for the City's BUD grant programs (CDBG, HOME and ESG), as well as to solicit public input on the needs of the community for the corning grant year (2009/2010). ENVIRONMENTAL REVIEW This item does not include a site specific project; therefore is not subject to National Environmental Protection Act review or California Environmental Quality Act. RECOMMENDATION Council conduct the Public Hearing, solicit input from the community, provide staff with any changes in funding priorities. BOARDS/COMMISSION RECOMMENDATION Not applicable. 9-1 NOVEMBER 25, 2008, Item~ Page 2 of3 DISCUSSION The CDBG, HOME and ESG grants are used to benefit lower income persons by providing affordable housing opportunities and community development projects and programs. The City is awarded approximately $3,000,000 annually in combined grant funds. However, due to recent budget cuts at the Federal level the City may receive a 5 % reduction from last year, which would totaI approximately $2,900,000. Of this amount, $2,000,000 represents CDBG funds. In September 2006, BUD approved a $9.5 million Section 108 Loan. Beginning with fiscal year 2008-2009, the City's debt service obligation was approximately $650,000 off the top of the CDBG annual entitlement, leaving approximately $1.2 million for administration, projects and programs. Annual Process: FederaI Citizen Participation Regulations governing the grant programs require that the City hold a minimum of two public hearings at different stages in the annual plan process. This public hearing represents the first public hearing for this fiscal year, and is being held to review last year's performance, and to solicit input on low income housing and community development needs and funding priorities. The existing City Consolidated Plan identifies eight .funding priorities divided into two categories: Housing and Non- Housing as detailed below: . Housing: o Production of Affordable Housing o Affordable Housing Opportunities (First Time Homebuyers, RentaI Assistance) o MaintainlPreserve Affordable Housing (Rehabilitation) · Non-Housing: o Infrastructure Improvements o Public Facilities o Public Services o Accessibility/ADA Improvements o Economic Development Funding applications for the three grant programs are currently available to all interested organizations and city departments. Staff will review all applications to determine eligibility during the months of January and February. Staff will then return to Council in March to present proposed allocations to projects. Performance Evaluation: The City's overaIl grant management performance is assessed primarily on the Consolidated Annual Performance EvaIuation Report (CAPER) which was submitted to BUD at the conclusion of the 2007/2008 fiscal year. The CAPER provided HUD with all the required fmanciaI and performance information for the CDBG, HOME and ESG grant programs. It also includes a narrative describing how the City carried out its housing and community development strategies, projects, and activities during the fiscaI year. A copy of the narrative is included with this report as Attachment No. I. The 9-2 NOVEMBER 25, 2008, Item~ Page 3 of 3 remaining HUD reports are on file in the Redevelopment and Housing due to their large SIze. In summary, the CAPER demonstrated that the City: . Expended the grant funds in a timely marmer; . Funded only eligible projects, per HUD standards; . . Provided detailed accomplishment data for all grant-funded projects; and, . Maintained its administration and public services expenditures within the mandated caps. 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 No expenditure or allocation of City funds is required; therefore, there is no fiscal impact. ATTACHMENTS Attachment I: CAPER Narrative Prepared by. Angelica Davis, Project Coordinator II 9-3 Attachment 1 ~~~ ~ ~--~ ""--,- CllY OF CHULA VISTA. Consolidated Annual Performance Evaluation Report (CAPER) Fiscal Year 2007-2008 Submitted September 29, 2008 Contact: City of Chuia Vista Redevelopment and Housing 276 Fourth Avenue. Chule Vista, CA 91910 (619) 691-5036 email: adavis@ci.chula-vista.ca.us 9-4 '. -.' TABLE OF CONTENTS I. GENE RAL ASSESSMENT:...... .... ....... ..... ... ................... ...................... ........................ ............. .... 1 A. ,.......""."""".""""."".ASSESSMENT OF FIVE YEAR GOALS AND OBJECTIVES: "..,.....,.....,....,.,........,..............,..........................',..'..........,..........,...",........,.."".,....1 B. '" ".,.""" "., "."""." ".,,,,.,,, "." ". ".",,,,,,,,,,,,,,, .PERFORMANCE MEASUREMENTS: .".,.,...,..,..........,....".,....,.......,...."......,..,.......,......,."......."...,.,..........".."..,..".."....,.1 1.HOUSING OBJECTIVES.,,,.,,,.,,.,,,.,,,,,,,,.,.,,,,,,.,,,,,,,,,,,,,,,,,.,,,.,,,,.,,,,,,.4 2.HOMELESS OBJECTIVES ".,.,."."",,,,,,.,,,.,,,,.,.,,,,,,,,.,,.,,.,,,.,,,,,,,,,,.,,,.6 3. NON-HOUSING COMMUNITY DEVELOPMENT NEEDS "".""""",8 c.",."".,,,.,,,,,,,,,,,,,,,,.,,,,,,.,,,.,,.,.,,.,,.,,,,,,.AFFIRMATIVEL Y FURTHER FAIR HOUSING .""""",,,,,,.,,,,,,,,,,,.,.,,,,,,,,.,,,,.,,,,,,,,,.,,,,,,.,,,,,,,.,,.,,.,,,,,.,,,,,,,,.,,,.,.,,,,.,,,.,,,,,,,,,,.,,,,,,,,16 D, ",,,,,.,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,.,,,,.,,,,,,.,, ".,,,,,.,,,,,,,,,,,,,,, AFFORDABLE HOUSING: ..."""......,..",....,.".",.,........,..,.......,.,.........,....,.."..."..,..,.."......."..."...,...,.".."...,.,18 E."",,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,.,,,,,,,,,,.,,,.,,,,,,,,,.,,,,,,,CONTINUUM OF CARE STRATEGY: ,,,,,,,,,,,.,,.,,,,,,,,,,,,,,,,,,,.,,,,,.,,,,,,,,,,,,,,.,,,,,,,,,.,,,,,,,,,,,,"""".""".,."""."""".".,,,.,,,,,.,19 F. ""., ". "., "."",. ".,,, ". ,."".,.""",,,, ".",." "."""" ".,.".,,,,,,,,.,,,,,,,,,,,, OTHER ACTIONS ,,,,,,,,,,,,,,.,,,.,,,,,,,,,,,,,,,,,,,,,.,,,,,,,.,,,,,,,,,,,,,.,,,,,,,,.,,,.,.,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,.,,,,,,,,,,.,.,22 G.LEVERAGING RESOURCES: ,.,,,,,,,,,, ".",. ".""""" ".""",,,,,.,,, """'"'''' ".',.",,,,, 26 H. """",,,,,,.,,,,,,,,,,,,,,,.,,,,,.,,,,.,,,,,,,,,,,,..,,,,,,,,,,SUMMARY OF CITIZEN COMMENTS: ,..,....".....,...,.,.,..,.,..........,.".,..',........."."....,.,.."..".,.,....."..,..".........,.............",.." 26 I. SELF EVALUATION: ,,,,.,,.,,,,,,,,,".",,,,,,,,.,.,,.,,,,,,,,,,,,.,,,,,,.,.,,,,,,,,.,.,,,.,,.,,,.,,,,.,,.,,26 II. CDBG SPECIFIC REQUIREMENTS ....................................................................................... 28 A.... USE OF CDBG FUNDS IN RELATION TO CONSOLIDATED PLAN PRIORITIES, NEEDS, GOALS, AND OBJECTIVES: ":"".........."........"""""."".""."..,,......, 28 B, ...."..."........"...".."........ EFFORTS IN IMPLEMENTING THE PLANNED ACTIONS: ,..,.................,.".,.,....,..".,.....,..,.,..,........."...,.....,.....,...."....."..,.,....,...."...,..,.....,.., 28 C"..........................."""................, COMPLIANCE WITH NATIONAL OBJECTIVES: ........"......,....,.".,..,.."..,...,....,.....,.,,.".....".,.......".......,.........,.....,.......,.....,..........., 28 D.............."..............".............". DISPLACEMENT AND RELOCATION ACTIVITIES: ...,........".."...,..,.,.".."...'.,'....".,.....,."...,............,......,..,.....,.....,.".,.",..,..,..,........,., 28 E, ".....,'.'.., .......'.,..'.." ".,.......".,..,..,.".."..,.,.. "...",. "., ..... "..... FUNDING CHANGES: .".,.....",..."....",...,..."...'.......".,...,.,."..,...,.........,.,.,..,..,...,."....."",."...,.....,...,....,., 28 F. ""'"'''''''' ......,..",,,,,...,. ,...,..,.. "'''''''''' "...,.. . CERTIFICATIONS OF CONSISTENCY .,..........,..".....,....,..,....,.,...,.,.,...,.,.."..........,...,..,.......,.,....."""......,.....,...,...,.,W G,ASSESSMENT OF EFFORTS MADE IN CARRYING OUT PLANNED ACTIONS 28 H. ........."..".ECONOMIC DEVELOPMENT ACTIVITIES TO CREATE/RETAIN JOBS: ..,.......,............".,......"..,."........,....".,...,.......,..,'..,..,.,........".....,.',...,...,.....,........,.,29 I, CDBG FUNDS USED FOR MODERATE INCOME CLIENTELE:."......................, 29 J, PROGRAM INCOME: ,...........,.".,...".........,...,....,..,..".".."....,,,,,,,.,.....,..."...,.,29 III. HOME PROGRAM SPECIFIC NARRATIVE .......................................................................... 30 A. ......""...............".............................."............., DISTRIBUTION OF HOME FUNDS ."....."".".."...",.,...,."...,.....,..,..".,....."."....,..,."..".,..,..,..,.....,..,."""".,....."..."..,., 30 B. ............."....".......".........". HOME PROGRAM MATCH REPORT (HUD 4107-A): .,........,..,...,....,.,.,..,..".........,.....,..,.....".,.....".,.,....,.,........'.....,'.'.,.".,...,.....,...,....,., 30 C........CONTRACTING OPPORTUNITIES FOR MINORITY AND WOMEN-OWNED BUSINESS: ,....,.,...,,'.', ".,.....,..,..".,..,..,.."".....,."..".,..,...."...,.".,." ".,,,.,..,..,...,,,..,., 30 D, ..SUMMARY OF RESULTS OF ON-SITE INSPECTIONS OF HOME RENTAL UNITS: ."..........,..."...,.,.,..,.."...,."."..,..".,.....,.........,..."..,..,..,..,..,..,..,..""..,,,.,,.....,,..,....,., 30 E..".......ASSESSMENT OF EFFECTIVENESS OF AFFIRMATIVE MARKETING PLANS: 9-6 ..............................................................................................................................30 F............................................................................................. PROGRAM INCOME ..............................................................................................................................31 G.AMERICAN DOWNPAYMENT INITIATIVE (ADD!) .......................................... 31 IV. EMERGENCY SHELTER GRANT PROGRAM (ESG) SPECIFIC NARRATIVE .........................32 A. .................................. HOMELESS SERVICE ACTIVITIES & ACCOMPLISHMENTS ................................................:.............................................................................32 B. ...............................................SUMMARY OF ONE-YEAR ACCOMPLISHMENTS ..............................................................................................................................32 c........................................... GEOGRAPHIC ALLOCATION OF ESG RESOURCES ..............................................................................................................................32 D.................................................................................... .. MATCHING RESOURCES ..............................................................................................................................32 E... ............................................................. DISCHARGE COORDINATION POLICY ..............................................................................................................................32 TABLE OF CONTENTS (CONT.) TobiAs: TABLE I: FIVE YEAR GOALS AND OBJECTIVES PERFORMANCE MEASUREMENT.................... ...........3 ERROR! BOOKMARK NOT DEFINED. TABLE 11- SHELTERS FOR THE HOMELESS SERVING SAN DIEGO - SOUTH BAy.................................. .207 TABLE III: HOME PROGRAM FUNDING CATEGORIES.................................................................27 TABLE IV: ESG FUNDING CAP COMPLIANCE... ................... .................................................29 Appendices: Appendix A -IDIS Reports . PR03 - CDBG Activity Summary for Grantee . PR06 - CDBG Summary of Consolidated Pian Projects for Report Year) . PR23 - CDBG Summary of Accomplishments . PR26 - CDBG Financial Summary . PR22 - HOME Status of HOME Activities . PR25 - HOME Status of CHDO Funds . PR27 - HOME Summary of Grants . PR33 - HOME Matching Liability . PR 19 - ESG Program for Grantee Statistics . PR20 - ESG Grantee Activity Summary 9-7 Appendix B -HUD Forms: . Form HUD 40107 HOME Program Annual Performance Report . Form HUD 40107-A HOME Match Report Appendix C - Public Notice/Proof of Publication . Notice of Public Review Period ii 9-8 I. GENERAL ASSESSMENT: This Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2007-08 marks the third year of City of Chula Vista's progress in carrying out priorities and specific objectives identified in the 2005-2010 Consolidated Plan's strategic plan and subsequent action plan. Tile report contains nine basic elements: (A) Assessment of Five-Year Goals and Objectives; (B) Performance Measurements; (C) Affirmatively Further Fair Housing; (D) Affordable Housing; (E) Continuum of Care Strategy; (F) Other Actions; (G) Leveraging of Resources; (H) Summary of Citizen Comments; and (I) Self- Evaluation. A. ASSESSMENT OF FIVE YEAR GOALS AND OBJECTIVES: For fiscal year 2007-08, the City of Chula Vista received the following entitlement funds from the US Department of Housing and Urban Development (HUD): . Community Development Block Grant (CDBG) funds in the amount of $2,046,334 . HOME Investment Partnership (HOME) funds in the amount of $930,890 including $17.444 in American Dream Down-payment Initiative (ADDI) funds; . Emergency Shelter Grant (ESG) funds in the amount of $88,095. The City also utilized funding from the Redevelopment Low and Moderate Income Housing Fund for rehabilitation activities and construction of new affordable housing. The funding source for the Low and Moderate Income Housing Fund is the State mandated 20% set-aside portion of the Redevelopment Agency's tax increment funds that must be used to assist low and moderate-income households. B. PERFORMANCE MEASUREMENTS: The City of Chuia Vista funded the projects listed in Table 1 as a means to achieve the specific priorities and objectives established in the Consolidated Plan for 2005-2010 as well as the annual goals for FY 2007-08. These activities were intended and ultimately benefited primarily iow-income and moderate- income residents within the City, and addressed affordable housing, homeless, and non-housing community development needs. These activities met three Objectives and three outcomes, detailed below: . Ohjec:tives: 1) create suitable living environments; 2) provide decent affordable housing; and, 3) create economic opportunities. . Ollknmes' 1) availability or improved accessibility of infrastructure, publiC facilities, housing, or shelter to low/moderate-income people, inciuding persons with disabilities; 2) new or Improved affordability through creation or maintenance of affordable housing; and 3) sustainability resulting from City of Chula V.ista Page 1 of 33 CAPER FY 2007-08 . 9-9 improved communities or neighborhoods, making them livable or viable by providing benefit to low/moderate-income persons, or by providing services that sustain communities or neighborhoods. The outcomes and objectives that were achieved in 2007-2008 are included with each of the planned activities (Table 1 below and Appendix A - Listing of CPMP Project Tables). The outcomes and objectives are identified using the numbering system which ties to the Community Planning and Development Performance Measurement System developed by HUD as follows: Decent Housin Suitable livin Environment Economic Opportunity Availability/ Aff d b'l'ty A 'b'l't or a II ccessl II y DH-l DH-2 SL-l SL-2 EO-l EO-2 Sustain ability DH-3 SL-3 EO-3 City of Chula Vista Page 2 of 33 CAPER FY 2007-08 9-10 TABLE I: FIVE YEAR GOALS AND OBJECTIVES PERFORMANCE MEASUREMENT U"C~.Te-nanI8oil!'d f.!i!lntol ,.t.,Uilltlf'lae ADD'1 32 12 2,006 ia'6 Nt,1i.. - ;',ctn,inihuafion .'\oti;,.i1~-1 City of Chula Vista Page 3 of 33 CAPER FY 2007 -08 1. Housing Objectives This section describes Chula Vista's strategies for addressing housing needs, which are identified as a High priority in the City's 2005-2010 Five-Year Consolidated Pian. Geographic Distribution: Housing assistance can be generaliy described as available throughout the entire City. Homeownership, preservation of at-risk affordable housing, rehabilitation of owner-occupied housing, and mixed income rentai housing acquisition and development activities may occur throughout the City. Priority 1: Production of Affordable Housing Priority: Assist non-profit corporations to develop affordable housing for very low and iow income households Targeted High Priority is assigned to smail (2-4 persons per household) and large (5+ Groups: persons per househoid) families that are very low and low income. Medium Priority is assianed to extremelv low and low income elderiy persons Five-Year 20 Housing Units (5 housing units annually) Objectives: I Performance Units Constructed as a proportion of Regional Housing Needs ailocation for Measure: , the appropriate level ii/come group. implementing Programs funded in FY 2007: Activity Project No.: 2007-29 Activity Name: Redevelopment and Housing - Production of Affordable Housing Funding: $522,B01In HOME Funds Activity Description: Funds were allocated with current and prior year HOME funds to assist in the production of 207 affordabie housing unifs entifled "The Landings"which began construction in January 200B. In addition, construction for the previously HOME funded project, Seniors on Broadway was complefed in October 2007. This project included 41 very low Income units for Seniors. Accomplishment: 41 Housing Units Priority 2: Housina Assistance Priority: Provide Affordable Housing Opportunities to low and moderate income households Targeted Groups: High Priority is assigned to very low and low income family rental units. Medium Priority is assigned to low and moderate income family for-saie units Five- Year Objectives: 250 Households (50 households annuaily) Performance Number of households assisted as a proportion of the total number of low I Measure: to moderate-Income households in the City. i City of Chulo Vista Page 4 of 33 CAPER FY 2007-08 9-12 Implementing Programs funded in FY 2007-08: Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-01 South Bay Community SeNices - Tenant-based Rental Assistance $315.000 in HOME Funds Funds were used to provide tenant-based rental assitance. 16 Households 2006-3 1 Redevelopment and Housing - Tenant-based Rental Assistance $440.000 in HOME Funds In 2006. HOME funds were used to provide short term (2-year) tenant- based rental assitance. 14 Households Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-27 Redevelopment and Housing - Down Payment Assistance $17.444 in ADDI (HOME) Funds This was the fourth year since the introduction of ADD I funds to the HOME program. This program offered downpayment assistance to low-income. first time homebuyers for purchase of single famiiy homes. 1 Househoid Priority 3: Preservation & Maintenance ot Existina Housing Priority: Maintain and preserve the City.s aging housing stock Targeted Groups: Low to moderate income persons (31 to 80 percent of the median) Five-Year 1.500 Housing Units (300 housing units per year) Objectives: , Performance Number of Househoids/Housing Units assisted as a proportion of the total low Measure: to moderate income households with housing problems in the City that were buiit prior to 1970 Implementing Programs tunded in FY 2007-08: Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-20 City of Chula Vista - Planning Castle Park Code Enforcement Program $150.000 in CDBG Funds Code Enforcement is a proactive program. which targets private residential (single-family detached and attached) properties located within the Castle Park census tracts (target area). CDBG funds are used to partially pay the salaries of the four Code Enforcement Officers. who are assigned to the targeted areas. 309 Housing Units Page 5 of 33 CAPER FY 2007-08 City of Chula Vista 9-13 2. Homeless Objectives This section describes Chuia Vista's strategies for addressing homeless needs, which are identified as Medium priorities in the City's 2005-2010 Five Year Consolidated Plan. Geographic Distribution: Homeless programs can be generally described as available throughout the entire City, Priority 1: Homeless Needs Priority: Continue to support programs offering transitional housing opportunities for homeless families and individuals Target Groups: Medium Priority is assigned to extremely low income families and individuais Five-Year 100 homeless persons (20 homeless persons annually) Objectives: Performance Number of homeless persons assisted as a proportion of the estimated Measure: number of homeless in Chuia Vista. Implementing Programs funded in FY 2007-08: Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-14 South Bay Community Svcs, Thursday's Meal $10,000 in CDBG Funds Provides homeless and needy families with hot and nourishing meals, 176 Homeless Persons Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-25 South Bay Community Svcs, Food and Motel Vouchers $7.615 in CDBG Funds Provide food and motel vouchers to homeless families, 87 Homeiess Persons 2007-15 Regional Shelter Voucher Program Regional Shelter Voucher Program $3,000 in CDBG Funds Provide motel/hotel vouchers for homeless families. the disabled and the elderly for temporary shelter during the coldest months of the year, 18 Homeless Persons City of Chula Vista Page 6 of 33 CAPER FY 2007-08 9-14 Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-29 Interfaith Shelter Network Rotational Shelter - Operation and Essential $10.350 in ESG Funds Eight south bay congregations provide nighttime shelter to 12- 15 case managed homeless guests for two weeks each, providing nightly meals, showers. and other services. Local case management agencies screen and monitor shelter guests during their maximum 8- 34 HorM!e9ssrn;sons Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-30 South Bay Community Svcs. Casa Nueva Vida - Operation and Essential 873,340 in ESG Funds CNV offer a short term shelter/housing program for homeless families (with children), most of whom are victims of domestic violence. Staff develop a comprehensive strengths-based assessment, after which together they develop a treatment plan (including skills-building and counseling) so the client can work to re-establish self-sufficiency and 349 H~~ffigmelessness. City of Chula Vista Page 7 of 33 CAPER FY 2007-08 9-15 3. Non-Housing Community Development Needs This section describes the City of Chula Vista's strategies for addressing non-housing community development needs. which are identified as Medium priorities in the City.s 2005- 2010 Five Year Consolidated Pian. Geographic Distribution: Community facilities. infrastructure. and accessibility improvement activities are focused in low and moderate-income target areas. Community services and economic development activities can be generally described as avaiiable throughout the entire City. Priority 1: Public Services Priority:Public Continue to fund public services at the federally mandated 15% cap Services: Targeted Groups: Medium Priority Is assigned to addressing the support service needs of all lower and moderate (0 to 80 percent) special needs households (persons with AIDS. elderly. disabled. female-headed households. and larae familY households). Five- Year Objectives: Assist 12.500 people with public services 3.500 Special Needs 2.000 General Public Services 3.500 Youth Services 3.500 Elderlv Performance Number of People assisted as a proportion of the number of people in need for Measure: each special needs category. Implementing Programs funded in FY 2007-08: a. Special Needs Services Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-23 Charles Cheneweth Foundation Community Access Program $11 .000 in CDBG Funds Provide individuals challenged by severe and profound disabiiitles with events and activities while providing extensive care and transportation services In order to venture out into their community. 35 Special Needs 2007-09 Chula Vista Veterans Home Shower Access Chairs and Sling Lifter $3.500 in CDBG Funds Provide shower access chairs and sling lifters for elderly disabled veteran residents in a skilled nursing facility requiring full time attention. 351 Special Needs 2007-24 City of Chula Vista - Recreation Community Re-entry Outings $1 7.936 In CDBG Funds Provide children. teens and adults with developmental or physical disabi~tles with the opportunity to enjoy recreational fieldtrips in their community. They will enhance their social skills. communication. safety awareness. leisure awareness and most Importantly their independence when out in the community. 2429 Special Needs City of Chula Vista CAPER FY 2007-08 Page 8 of 33 9-16 b. General Public Services Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-16 Chula Vista Elementary School District Child Care Coordinator $40,000 in CDBG Funds Provide free to low-cost training for chiidcare providers to improve the quality of care as well as act as an advocate and liaison for childcare providers in the licensing process. 165 People Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-17 South Bay Community Svcs. Family Violence Treatment Program $34,000 in CDBG Funds Provide therapeutic, counseling and crisis services to adult and child victims and perpetrators of family violence, through strengths-based assessments; treatment planning; age-appropriate group and individual counseling for children; victim support groups; crisis intervention; and SAFE Paths program for Chuia Vista children and members of their families who are dealing with issues pertaining to 446 Peio~amilial child sexual molestation. c. Youth Services Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-04 City of Chula Vista - Recreation WizKldz Program $ 12.299 in CDBG Funds Provide after-school activities for elementary school children. The program will operate at Otay Recreation Center Monday through Friday throughout the school year. The program will also offer scheduled and supervised activities designed to be educational and healthful. 60 Youth Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-05 Family Health Centers of S.D. KidCare Express III Medical Unit $27,000 in CDBG Funds Provide primary healthcare services to low income, medically underserved children and families in Chula ViSTa and work in partnership with the Chula Vista Elementary School District, local social service agencies and public housing facilities to provide services to the most vulnerabie families, By removing financial and transportation barriers, KidCare ensures that Chula Vista families get the 916 Yoooolthcare they need. when they need it, Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-06 MAAC Project Youth Financial Planning Project $21 ,000 in CDBG Funds Serve as a catalyst to assist youth in preventing future credit problems which could affect future homeownership and personal credit, while teaching youth the importance of saving and making wise economic decisions, . 93 Youth City of Chuia Vista CAPER FY 2007 -08 Page 9 of 33 9-17 Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: b. Elderly Services Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-07 South Bay Community Svcs. Prevention and Diversion Project $96.600 in CDBG Funds Provide area youth with the services, support and opportunities they need to lead healthy and productive lives. SBCS. along with subcontractors will provide services to area at-risk youth before, during and after school, designed to increase healthy protective behaviors and decrease risk factors that lead to law enforcement 1031 YO(J$bcial service involvement. 2007-11 Adult Protective Svcs. South Bay Adult Day Health Care $11.000 in CDBG Funds Provide transportation services to and from the South Bay Adult Day Health Care Center for disabled seniors and other disabled adults who are in danger of institutionalization without Center services. 39 Elderly 2007-12 Meals-on-Wheels Meals-on-Wheels $12,000 in CDBG Funds Deliver up to 2 meals day. six days a week for 365 days a year to Chula Vista seniors (62 and over). 307 Eiderly City of Chula Vista CAPER FY 2007-08 Page 10 of 33 9-18 Priority 2: Economic Development Priority: Continue to provide proactive business assistance programs to encourage job creation through business attraction, retention, and exnansion Target Groups: High Priority is assigned to business attraction, retention and expansion Five-Year Objectives: 20 jobs (5 jobs annually) Number of jobs created or retained made available to iow and Perlormance Measure: moderate income people as a proportion of currently I unemploved persons. In FY 2007-08 No Economic Development Activities were undertaken with HUD funds in response to a request from HUD. City of Chula Vista Page 11 of 33 9-19 CAPER FY 2007-08 Priority 3: Public Facilities Priority: Continue to improve the quality of existing community facilities to serve the needs of lower and moderate income households Target Groups: High Priority is assigned to addressing the needs for community facilities serving youth, park and recreational facilities, and neighborhood facilities. Medium Priority is assigned to address the needs for community facilities providing health care, and those serving children requiring child care, seniors, and the disabled. Five-Year Obj.: 10 pubiic facilities Performance Number of public facilities improved as a proportion of the number of low Measure: tei moderate income households located in the projects census tracts. Implementing Programs funded in FY 2007-08: in FY 2007-08 No Public Facility Activities were undertaken with HUD funds. Page 12 of 33 9-20 CAPER FY 2007-08 City of Chula Vista Priority 4: Infrastructure Priority: Provide for needed infrastructure improvements in lower and moderate . income target areas Target Groups: High Priority is assigned to addressing the need for street improvement, sidewaik improvements and street lighting. Medium Priority is assigned to addressinq the need for fiood prevention/drainaqe improvements Five-Year 1 0 public facilities Objectives: Performance Number of public facilities improved as a proportion of the number of low Measure: to moderate income househoids located in the projects census tracts. Implementing Programs funded in FY 2007-08: Activity Project No.: Activity Name: Funding: Activity Description: 2007-19. City General SeNices - ADA Program $370,582 in CD8G Funds This project provided for the construction of ADA compiiant curb ramps in the low jmoderate income areas of the City. In 2007/07 the design of the new ramp was completed. Construction to be completed in 08/09. Accomplishment: City of Chula Vista Page 13 of 33 9-21 CAPER FY 2007-08 Priority 5: PlanninQ and Administration Priority: Continue to manage and administer the CDBG, HOME and ESG programs in compliance with HUD regulations and within the federally mandated caps CCDBG: 20%, HOME: 10% and ESG: 5%) Taraeted Groups: n/a Five-Year n/a Objectives: Performance n/a Measure: Activity Project No.: Activity Nome: Funding: Activity Description: Accomplishment: 2007-32 Administration of the CDSG Program $369266 Administration funds will be utilized for staff costs associated with the management and administration of Chulo Vista's CDSG program, inciuding planning, regulatory compliance, contract administration, and fiscal management. N/A Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: Activity Project No.: Activity Name: Funding: Activity Description: Accomplishment: 2007-26 Administration of the HOME Program $93,089 Administration funds will be utilized for staff costs associated with the management and administration of Chula Vista's HOME program, including planning, regulatory compliance, contract administration. and fiscal management. N/A 2007-28 Administration of the ESG Program $4.404 Administration funds will be utilized for staff costs associated with the management and administration of Chula Vista's ESG program,' including planning, regulatory compliance, contract administration. and fiscal management. N/A Activity Project No.: 2007-34 Activity Name: Fair Housing Services (Admin) Funding: $37,000 Activity Description: Provided outreach and education regarding fair housing legal rights and responsibiiities, provided technical training to industry professionals, and maintained programs and procedures under which citizens of the City may register complaints concerning their allegations of unlawful housing discrimination and seek enforcement assistance. City of Chula Vista CAPER FY 2007-08 Page 14 of 33 9-22 Activity Project No.: 2007-22 Activity Name: Regional Task Force on the Homeiess (Admin.) Funding: $1.000 Activity Description: The Regional Task Force on the Homeless is a partnership of public agencies. private groups and homeless advocates, that develops policies and provides technical assistance with regard to needs of the homeless and availability of facilities and services forthis population. City of Chula Vista CAPER FY 2007 -08 Page 15 of 33 9-23 C. Affirmatively Further Fair Housing Assessment of Impediments to Fair Housing Choice: In FY 2003-04, the City participated in a regional effort to update the Analysis of Impediments to Fair Housing Choice, This regional AI involved ali 19 jurisdictions in San Diego County. The Draft AI was available for a 30-day public review beginning September 13,2004 through October 12,2004. The 2004 AI identified the foliowing impediments: . Many fair housing vioiations tend to be committed by smali "mom and pop" rental operations, These property owners/managers are often not members of the San Diego County Apartments Association, Outreaching to this group is difficult. . Hispanics and Blacks continue to be under-represented in the homebuyer market; there are large disparities in loon approval rates, Many of the reasons for application denial relate to credit history and financial management factors. . Jurisdictions should collaborate to provide education and outreach on Credit History and Financial Management. . Discrimination against people with disabilities has become an Increasing fair housing concern, . limited regional coordination efforts, . Fair housing service providers report accomplishments and statistical data in different formats based on the requirements of each jurisdiction. Ethnicities and income data are also tracked differently across jurisdictions, Inconsistent reporting makes tracking trends difficult, . Fair housing services vary across the region based on the agency providing the services and the work scopes of each sub-recipient contract. Differing levels of funding may also be an explanation accounting for variances in services. . As many individual homeowners enter the business of being a landlord by renting out their homes, many may not be aware of current laws, . Educational and outreach literature regarding fair housing issues, rights, and services on websites or at public counters is limited, ' . Housing choices for persons with disabilities are limited, . Discrimination against people with disabilities has become an increasing fair housing concern, . Lead-based paint hazards often disproportionately affect minorities and families with children, . While education and outreach efforts are a clear priority of ali agencies involved, a review of sub-recipient contracts, Action Plans, CAPER reports, and annual accomplishment reports indicates a lack of quantifiable goals, objectives, and accomplishments to gauge success or progress, . Sales audits and lending audits are rarely performed. . While tenant/landlord disputes are not fair housing issues in general, providing dispute resolution services may prevent certain situations from escalating to discrimination issues, . Various land use policies, zoning provisions, and development regulations may . affect the range of housing choice'available, Page 16 of 33 9-24 CAPER FY 2007-08 City of Chula Vista Report on Accomplishments to Eliminate Impediments to Fair Housing Choice: On an annual and continuing basis, the City contracts with a non-profit agency (currently the Fair Housing Council of San Diego) for the provision of basic fair housing and landlord/tenant services which wili include, but not be limited to: . Diverse community outreach and pUblic education services (ongoing) Intake, investigation and resolution (through enforcement referrals) of bona fide housing discrimination complaints (ongoing) Maintenance of records of all activities undertaken to address and remove the impediments identified under the RegionaiAi (ongoing) Through ongoing linkages with enforcement entities and regionai/national advocacy groups, foster and support of the general coordination of federal, state and local fair housing laws in the jurisdiction. . . . In FY 2007-08, 62 Chula Vista residents received fair housing and landlord/tenant services from the Fair Housing Councii of San Diego, the majority of which were low- income renters. 19 of the cases received in-house counseling, 1 was conciliated, 39 were referred, and 3 were referred to DFEH. 16 percent of the complainants were African American, 32 percent were Hispanic, and the remaining were Caucasian. City of Chula Vista Page 17 of 33 9-25 CAPER FY 2007-08 D. Affordable Housing: Very low income renters and owners are typically considered to have the worst case needs in the City, thus providing affordable housing opportunities has been a main goal of the City, During Program Year 2007-08, Chula Vista used a combination of HOME and redevelopment set-aside funds to provide continued implementation of affordable housing/homeownership programs and rehabilitation programs, During FY 2007-2008, an open Notice of Funding Availability (NOFA) process was made available for disbursement of HOME affordable housing development funds, The open NOFA process encourages multi-family projects, Np.w Constn Jetion: During this CAPER period the following projects were undertaken: 1) MAAC Project - Seniors on Broadway ($3,511,195 of HOME funds): Construction continued on the affordable housing project which consists of 41 very low income units, The project is scheduled to be completed in FY 2007-2008, 2) The Landings ($920,000 of HOME funds): This project inciudes 92 affordable units (11 Home funded), Rp.ntol AssistoncP.' Rental assistance was used to help those very low-income renters with the greatest need, The City provided affordable housing rental assistance through the Section 8 Program (administered by the County) and by the Tenant Based Rental Assistance Program (TBRA) funded through HOME funds and administered by City staff, In addition, a short-term rental assistance program was administered by South Bay Community Services, During program year 2007-2008 the following number of persons were served: 1) City TBRA: 14 households 2) SBCS TBRA: 12 Households 3) Section 8 Program: 2,625 First Time Homebuyer Progroms' The City redesigned the First Time Homebuyer Program to adequately assist buyers in today's housing market, A contract with a non-profit Housing agency was executed and will serve more people, 1), ADDI: One family was assisted with down payment assistance, Rehobilitotion Progroms' in Program Year 2007-08,20 households were provided with rehabilitation services through the CHIP program using Redevelopment set-aside funds, City of Chula Vista Page 18 of 33 9-26 CAPER FY 2007-08 E. Continuum of Care Strategy: Table II summarizes the activities and programs funded with ESG and CDBG funds to assist the homeless from a continuum of care approaCh. These activities benefit Chula Vista residents, which include emergency shelter, transitional housing, social seNices (i.e., jOb counseling/training), mental health seNices, and general health seNices. SOt Ith Rny Commt Inity SANicAS (SRCS)- SBCS is the primary social seNice agency that provides homeless shelter and seNices within Chula Vista. SBCS operates four transitional living programs in Chula Vista and participates in the FEMA and County of San Diego Hotel/Motel Voucher Program. In addition, SBCS participates in the San Diego Regional Continuum of Care Council (CoC), which is comprised of representatives from local government jurisdictions, federal agencies, non-profit seNice organizations, and housing providers, Annually, the CoC participates in funding allocations in response to HUD's Super NOFA which brought an estimated $4 million in grants to support the regions homeless programs. Interfnith SheltAr Network Eight south bay congregations provide nighttime shelter to 12-15 case managed homeless guests for two weeks each, providing nightly meals, showers, and other seNices. Local case management agencies screen and monitor shelter guests during their maximum 8-week stay. ContintHlm of CarA The City participates in the South Bay Homeiess Advocacy Coalition which is comprised of local sociai seNice agencies that seNe homeless persons in the South San Diego County including Chula Vista. The group meets on a monthly basis. The agencies indicate that a growing need exists for limited-term shelter or transitional facilities for homeless individuals and families. The created a 'white paper" which is an analysis of the immediate housing needs to address the homeless needs of the South Bay region which consists of the City of San Diego, Chula Vista, and National City. It has been presented to he City's Public Safety Committee for review and will be presented to the City Council on 2007-2008. Refer to Table II attached for homeless shelters seNing San Diego in the South Bay area. City of Chula Vista Page 19 of 33 9-27 CAPER FY 2007 -08 Seasonal Emtargency Shelter Ecumenical ISN Ron Shelter South Boy General PopulaTIon General Homeless 12 Regional Council of SD (mid-October -March) County Transitional Shelter SBCS Casas Families w/Children General Homeless 7 Chula Vista MAAC Project Nostras Adult Men Only Substance Abuse 13 Chula Vista M.LT.E. Options South Bay Women's Women with children Substance Abuse 0 Chula Vista Recovery Center SBCS Coso Nuestra Shelter Homeless Youth General Homeless B Chula Vista SBCS Cosa Nueva Vida Shelter Families w/Children General Homeless 54 Chula Vista SBCS Casa Segura Families w/Children Victims of Domestic 50 Chula Vista Violence SBCS Coso Segura I and II Women w/Chlldren Victims of Domestic 50 Chula Vista Vioence SBCS Cosa de Transition Families w/Children Families w/chlldren 73 Chula Vista SBCS Trolley Trestle Women w/Children General Homeless 10 Chula Vista SBCS Victorian Heights Women w/Children Victims ot Domestic 38 National City Violence Winter Hotel/Motel Vouchers (November through April) MAAC Project Hotel/Motel Vouchers Families w/Children At-Risk w/disability N/A Various SBCS Hotel/Motel Vouchers Families w/Children At-Risk w/disability N/A Vartous T atel Beds 158 Source: Regional Task Force on the Homeless Page 20 of 33 9-28 CAPER FY 2007-08 City of Chula Vista Homeless Prevention Programs and Services For the last few years, the City has allocated Community Development Block Grant (CDBG) funds to South Bay Community Services (SBCS) for youth and family support selVices and housing selVices. Located in Chula Vista, SBCS offers assistance to persons who are "near homeless' through coordination of available selVices and financial resources and counseling in such matters as financiai management and family support. For FY 2007-08, Chula Vista continued to support selVices geared toward the homeless population including: . Thursday's Meals was provided $10,000 of CDBG funds for hot meal service. . sacs was awarded $73,340 through the Emergency Sheiter Grant program, to support the operation of the Coso Nueva Vida which provides services in Chuia Vista. These selVices aim at homeless families, most of them victims of domestic violence. They aim to develop a comprehensive strength-based family assessment. after which together they develop a treatment plan so the clients can work to re-establish self-sufficiency and end their homeiessness. Funds are used for operating and essentiai costs including child care, bus vouchers and motel vouchers. . The Regional Task Force on the Homeless was given $1 ,000 to help support homeiess research, distribution of homeiess information, and homeless referrai services. The RTFH operates a unique (HUD mandated) Homeless Management Information Systems that allows services agencies to track homeless ciient information through a centrai database. . Interfaith Shelter Network was awarded $10,350 to operates eight south bay congregations provide nighttime sheiter to 12-15 case managed homeless guests for two weeks each, providing nightly meals, showers, and other services. Local case management agencies screen and monitor shelter guests during their maximum 8-week stay. City of Chula Vista Page 21 of 33 9-29 CAPER FY 2007-08 F. Other Actions 1. Actions Taken to Address Obstacles to Meeting Underserved Needs: The City is continuing in its effort to remove obstacles to meeting under-seNed needs throughout the community, Chula Vista has made a commitment to budget CDBG funds at the maximum allowable for pUblic seNice activities to offer citizens much needed programs and seNices in the area of IiteracYijob training, youth activities, senior seNices, violence prevention, meal delivery, and health care assistance for low-income families. In addition, the City has hired additional staff to administer CDBG, HOME, and ESG programs aimed at meeting the needs of low to moderate- income residents throughout the City. For FY 2007-08, Chula Vista allocated $344,928, close to the maximum allowable for public seNice activities. 2. Foster and Maintain Affordable Housing: The City has developed and utilizes an Affordable Housing Agreement for all new housing developments occurring in Chula Vista. This agreement stipulates that 10 percent of the total dwelling units in a new development must be set-aside for low and moderate income households. This inclusionary housing requirement is strongly supported by the City Council and has made it possible for affordable units to be co- mingled with market-rate units in all areas of the City. The City also maintains housing through the Community Housing Improvement Program (CHIP). The purpose of this program is to assist low income households rehabilitate their existing home. Both single-family and mobile homes are eligible to receive assistance. The Seniors on Broadway project was completed in October 2007, This inciuded 41 low-income rental units for seniors. In addition, the City began construction on the "Landings" Project which consists of 92 affordable units (11 HOME funded). 3. Eliminate Barriers to Affordable Housing: The City has participated in the Mortgage Credit Certificate (MCC) program since 1991. This program is offered to first-time home buyers purchasing homes in Chula Vista. The purpose of this program is to assist low and moderate Income households purchase their first home. The main benefit of the MCC program is in the form of a tax credit in the amount of 20 percent of the mortgage interest paid annually. During 2007/08 a total of 3 Certificates were issued. No Certificates were reissued. 4. Overcome Gaps in the Institutional Structure and Enhance Coordination: To assure the effective use of funds and efficiency In the delivery of seNices, the City's Institutional structure consists of many departments working together to provide seNices to City residents. In particular, the Redevelopment Agency and the Community Development Department work closely together to provide housing, community, infrastructure, and economic development activities. The City also collaborates with many organizations, such as public seNice agencies, Homeless Shelters, and Community Housing Development Corporations (CHDO's) which playa role in implementing the City's five-year strategy, The coordination of City of Chula Vista Page 22 of 33 9-30 CAPER FY 2007-08 these organizations rests within the Community Development Department of the City. The City also relies on the Regional Coordinators Meetings. These meetings are attended by all jurisdictions in the County of Sail Diego and Imperial County as well as a minimum of one HUD representative. Items discussed include changing and new regulations applicable to the CDBG,.HOME and ESG grant programs. 5. Improve Public Housing Residential Initiatives: The Housing Authority of the County of San Diego (HACSD) operates four conventional public housing developments in Chula Vista, with a total of 120 units. They are all managed by Terrantino Property Management and were recently upgraded to meet ADA and Section 504 compliance. These public housing units include: . Dorothy Street Manor - 22 low income family units . Melrose Manor - 24 low income family units . Town Centre Manor - 59 low income senior/disabled units . L Street Manor - 16 low income family units The Housing Authority has formed a Public Housing Resident Association in order to increase resident awareness and involvement in the enhancement of their housing environment and operations. There were no needs that required funding from the City during FY 2007-08, and the agency is not designated as troubled; thus, no additional funding was given to the agency. 6. Evaluate and Reduce Lead-Based Paint Hazards The City of Chula Vista has a two-tiered approach to the evaluation and elimination of lead-based paint hazards where the problem has been determined to be most prevalent. The County of San Diego's lead-based paint hazard evaluation program, known as the Childhood Lead Poisoning Prevention Program (CLPPP), involves outreach, screening, case management, and public education. The overall lead poisoning program is administered through the County of San Diego, Department of Health Services (DHS). The City also has in piace a loan/grant program to assist homeowners alleviate lead- based paint hazards through the Community Housing Improvement Program (CHIP); however, the City utilizes Low and Moderate Income Housing Funds for this purpose. As part of the City's FirsHime Homebuyers Program and Residential Rehabilitation Program, lead-based paint hazard evaluation and remediation is incorporated into these programs as follows: Owners are provided with information regarding: 1) Sources of LBP, 2) Hazards and Symptoms, 3) Blood Lead Level Screening, 4) Precautions, 5) Maintenance and Treatment of LBP Hazards, 6) Tenant and Homebuyer Responsibilities Prior to rehabilitation loan/grant approval, the homeowner read and sign a copy of information received. In addition, the City's Buiiding and Safety Department checks for signs of LBP when inspecting for code violations and physical condition of the City of Chula Vista Page 23 of 33 9-31 CAPER FY 2007-08 properties being assisted, and abatement should occur based on federal guidelines pertaining to the amount of assistance given. The City is interested in applying for the next round of Lead Hazard Protection grant funds that are available. The Environmental Health Coalition is supportive of the City's interest in obtaining grant funds. 7. Reducing the Number of Persons Living Below the Poverty level The City is continuously exploring options to expand economic and employment opportunities for low to moderate income residents in order to help alleviate poverty. In addition, the City supports a range of programs that to address poverty including: . Technical assistance to develop the job training and skills . Public assistance payments . Social Services such as legal assistance, child care, health care, transportation, housing, education, and services for the elderly and disabled who are on fixed incomes. . Programs that serve the people who are homeless and/or are at-risk of homelessness Page 24 of 33 9-32 CAPER FY 2007-08 City of Chula Vista 8. Ensuring Compliance with Program and Comprehensive Planning Requirements: Monitoring for the City of Chula Vista is directed toward programmatic, financial and regulatory performance. The primary objects are to ensure that all sub-recipients: . Comply with pertinent regulations governing their administrative, financiaL programmatic operations; . Achieve their performance objectives within scheduie and budget; and, . Assess capabiiities and/or any potential needs for training or technical assistance in these areas. Careful evaluation of the housing and public service delivery system can be the most effective tool in detecting gaps and making appropriate modifications. As such, the City of Chula Vista monitors and evaluates its sub-recipients, CHDO's, and CBDO's as part of the pre-award assessment. Evaluation of the nature of the activity, proposed plan for carrying out the activity, the organization's capacity to do the work, and the possibility of potential conflicts of interest are within the pre- award assessment. After awards have been made Quarterly Progress reports are required of each sub- recipient, which must be current prior to approval of any request for reimbursement of expenditures. In addition tothe Quarterly Progress reports, annuai monitoring is conducted to ensure compliance with federal regulations. Agreements made with sub-grantees encourage uniform reporting to achieve consistent information on beneficiaries. Technical assistance is provided throughout the year, in addition to the City's annual Subrecipient training. City of Chula Vista Page 25 of 33 9-33 CAPER FY 2007-08 G. leveraging Resources: With regard to CDBG funds, the majority of leveraging occurs in the capital improvement budget and with Redevelopment funds. The availability of aiternative resources to be utilized with CDBG includes Development Impact Fees, Park Acquisition and Development Fees, Gas Tax, State Department of Transportation funds, and the General Fund. Chula Vista makes every effort to leverage resources in the production of affordable housing. The Chula Vista Housing Authority leverages funds through the issuance of bonds. Chula Vista also leverages its resources through inclusionary housing and by using Low and Moderate Income Housing Funds. Through this leveraging of resources, the city is abie to produce additional units. Matching requirements are satisfied through carry over of non-HOME resources that serve as qualifying match. A HOME Match report is provided in Appendix D. H. Summary of Citizen Comments: For FY 2007-08, availability of the CAPER for public review and comment was published on August 24, 2007 in the Star News. The public Review and Comment period started on September 12, 2008 and ended September 26, 2008 and was available at the Department of Redevelopment and Housing. No Comments were received. I. Self Evaluation: Overall the City of Chula Vista has made an impact to the community through the use of CDBG, HOME, and ESG funds. As demonstrated throughout this report, funds continue to be budgeted at the maximum allowable for social service programs. The City has also budgeted CDBG funds for capita improvement projects, Other projects that have an impact on the community which continually receive funding include graffiti eradication (General Fund), senior rehabilitation activities, community development activities, homeless services, and fair housing activities. City continues to be a regional leader in the provision of affordable housing. Funding local based organizations that assist local residents has been a high priority with the Chula Vista City Council and this priority continues to be supported by the community. In January of 2007, the City received HUD's Year Review Letter forthe 2005 Program. The letter contained the City's overall performance in the following categories. 1) Continuum of Care: Acceptable Performance 2) Decent Housing: Acceptable Performance 3) Economic Opportunity: Not Rated, No programs funded 4) Suitable Living Environment: Acceptable Performance 5) Program Requirements: Acceptable Performance City of Chula Vista Page 26 of 33 9-34 CAPER FY 2007-08 The above rating demonstrates the City's tremendous improvement in the mangament of the three grant programs, Most notable is the CDBG Clean-up, is compiete, In April 2007 the HUD Office of Inspector General conducted an extensive audit of the HOME Program. The audit objective was to determine if the City's: internal controis and financial management practices were adequate; if the funded activities were eligible and provided adequate documentation to support its eligibility; matching funds were eligibie and supported; and, monitoring and housings standards were adequate. The finai audit report concluded that the City administered the HOME program in accordance with all HUD requirements. In addition, an extensive HOME monitoring was completed by the HUD HOME CPD Representative and concluded in the exit conference that there were no findings. in conclusion, the City of Chula Vista was success.ful in fulfilling the goals and objectives outlined in the 2005-2010 Consolidated Pian in its first year of implementation. As the City's population increases, the necessary resources will continue to be targeted for social service programs, capitai improvement projects, economic development projects, community projects, and planning and administration. The funding sources for these programs will come from a variety of sources outside of CDBG and HOME. These funds include the Redevelopment Agency 20% set-aside funds and the General Fund. City of Chula Vista Poge 27 of 33 . 9-35 CAPER FY 2007-08 II. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SPEC1FIC REQUIREMENTS A. Use of CDBG Funds in Relation to Consolidated Plan Priorities, Needs, Goals, and Objectives: Refer to Section 1- General Assessment/ A. Assessment of Five-Year Goals B. Efforts in Implementing the Planned Actions: For further information on planned actions, refer to Section I - General Assessment and Subsection H - Self-Evaluation. C. Compliance with National Objectives: Under HUD regulations, CDBG-funded activITies must meet at least one of the following three national objectives: . Activities benefiting low- and moderate-income persons . Activities which aid in the prevention or elimination of slums or blight . Activities designed to meet community development needs having a particular urgency In Program Year 2007-2008 all of the CDBG-funded activities complied with the national objective requirements under the benefits to low- and moderate-income people criteria. Assistance to public service agencies were qualified under Limited Clientele; all others are qualified under either Low/Mod Area, Low/Mod Housing, or Low/Mod Jobs. All of these activities were tracked without using the presumed benefit criteria, with the exception of the famiiy violence programs and the ADA Curb Cut Program. D. Displacement and Relocation Activities: The City has not undertaken any activities that involved acquisition, rehabilitation, or demolition of occupied property during FY 2007-08. Thus, no displacement or relocation activities took place. E. Funding Changes: During program year 2007-2008, the City made no amendments to the Annual Action Plan Funding Plan. F. Certifications of Consistency: The City of Chula Vista provided one certification of consistency during FY 2007 -08 as follows: o South Bay Community Services: Transitional Housing Services G. Assessment of Efforts Made In Carrying Out Planned Actions Chula Vista receives CDBG and HOME entitlement funds as highlighted in the Public and Private Resources A vai/able for Housing and Community Development Activities. In addition, Chula Vista benefits from the Section 8 voucher program administered by the County of San Diego Department of Housing and Community Development. Other resources highlighted include ESG and MCC. Chuia Vista participates in the MCC program and three (3) certificates were issued in FY 2007-08. In addition the City received Emergency Shelter Grant funds totaling $88,095. City of Chula Vista Page 28 of 33 9-36 CAPER FY 2007-08 H. Economic Development Activities to Create/Retain Jobs: Unfortunately, during fiscal year 2007-08, the City was still advised by HUD not to pUrsue Economic Development Activities. Now that the City's program has been cleared, the City may be able to allocate HUD funds for. economic development activities in the future. I. CDBG Funds Used to Benefit limited/Low to Moderate Income Clientele: For FY 2007-08, Chuia Vista provided a number of CDBG funded activities that benefited Low Mod Clienteie. For the Public Services programs, organizations are required to submit quarterly reporting forms highlighting the specific activities undertaken to assist LMC households. Additionally, all capitai improvement projects are located in eligible census tracts that benefit LMC residents in each area served. Chula Vista's eligible census tracts range from 55 percent to 79 percent low/mod. J. Program Income: For FY 2007-08 Chula Vista did not receive program income. . No program income was returned to a revolving fund No float funded activities occurred Program income was not received by sale of property No other loan repayments occurred No loan write-ofts or adjustments occurred No parcels of CDBG acquired property were available for saie No lump sum draw down payments were received . . . . . . City of Chula Vista Page 29 of 33 9-37 CAPER FY 2007-08 III. HOME PROGRAM SPECIFIC NARRATIVE A. Distribution of HOME Funds For FY 2007-08 Chula Vista received $1,027,072 in HOME funds, which were distributed as follows. Previous years CHDO set-aside funds were committed in FY 2007-08. o Table III: H ME Proaram Fundina Cateaories Category . Amount Administration $93,089 CHDO Set-Aside $125,670 Production of Affordable Housing $397,131 ADDI First-time Homebuyer Program $17,444 Tenant -based Rental Assistance Program $315,000 TOTAL $948,334 B. HOME Program Match Report (HUD 4107-A): For FY 2007-08, according to the C04PR33 IDIS report. Chula Vista's match liability totals $28,126.29. The City currently maintains an excess of $35 million in total match contributions available, C. Contracting Opportunities for Minority and Women-Owned Business: When HOME funds are provided for financial assistance of construction, the non- profit or for-profit developer must advertise that the project is federally-funded and encourages MBE's to apply for contract services. D. Summary of Results of On-site Inspections of HOME Rental Units: In FY 2007-08, the City entered into an agreement with Affordable Housing Consultant to inspect all affordable housing units funded with HOME funds, These units included: . Brisa del Mar . Rancho Buena Vista . Trolley Terrace . Seniors on Broadway The inspecfion report concluded that all HOME funded units were operating in compliance with the prescribed federal regulations. E. Assessment of Effectiveness of Affirmative Marketing Plans: When HOME funds are provided for financial assistance the non-profit or for-profit developer is required to provide Chula Vista with their affirmative marketing plan, Minority Home Ownership: In the past, a difference in rates of homeownership between minority and white househoids was significant. In response to the statistics and their implications, increasing minority homeownership became a priority for the City Of Chula Vista, Effective marketing strategies ensured that the minority population of the City was informed of the home ownership opportunities within the City, Within the last five years, 75-80",(, of the City's First-Time Homebuyer and Home Improvement Loan Programs have been minorities. With the continuation of the marketing strategies in place, the City anticipates continuation ofthe overwhelming City of Chula Vista CAPER Page 30 of 33 FY 2007-08 9-38 participation among minorities. Marketing strategies includes advertising in the local newspapers, placement of housing opportunities in the City's website as well as communication via the City's partnerlng social service agencies. Applying the demographics of the city to potential applicant demographics, it is estimated that approximately 50 percent of the applications received will be from Hispanic residents, 4 percent from African American residents, and 11 percent from Asian residents; thereby potentially befitting a significant portion of the minority population. F. Program Income For FY 2007-08 Chula Vista did not receive HOME program income from loan paYOffs. G. American DownPayment Initiative (ADDI) A total of $17,444 of ADDI funds were allocated in conjunction with the City's existing First Time Homebuyer Program. ADDI funds assist lower income families meet the initial down payment and closing costs, which is the most significant obstacle to home ownership among lower income families. The City provided $5,000 in assistance to help 1 new home buyer. City of Chula Vista Page 31 of 33 9-39 CAPER FY 2007-08 IV. Emergency Shelter Grant Program (ESG) Specific Narrative A. Homeless Service Activities & Accomplishments The City has allocated $88,095 of Emergency Shelter Grant (ESG) funds to South Bay Community Services to provide transitional housing services in Chula Vista. These services are aimed at homeless families, most of them victims of domestic violence. They strive to develop a comprehensive strength-based family assessment, after which together they develop a treatment plan so the clients can work to re-establish self- sufficiency and end their homelessness. Funds are used for operating costs and essential services including child care, bus vouchers and motel vouchers. B. Summary of One-Year Accomplishments During Fiscal Year 2007-2008 a total of 383 Persons were assisted C. Geographic Allocation of ESG Resources During FY 2007-08, the activities funded by the ESG program were used to serve homeless or at risk of becoming homeless youth in the community. Table IV: ESG Funding Cap Compliance Budget Category (CAP) $88,095 Essential Services $22,715 Operatinq Costs $60,975 Administration of the Grant $4,404 Total $88,095 D. Matching Resources The City ESG Grant is small; therefore, it is matched in excess of the required minimum amount (100%). An approximate ratio of 2: 1 is achieved for the activities supported by Private Party Donations ($96,910), Fees ($15,345), and other contributions ($66,701). E. Discharge Coordination Policy The following summarizes the City of Chula Vista's (in collaboration with the County of San Diego) activities related to formalizing the implementation of a cohesive protocol of a community-wide Discharge Coordination and Discharge ~ C:me: The City of Chula works with the County of San Diego of San Diego's Foster Care System discharge pianning protocol includes the following information and/or steps: . Written information about the youth's dependency case, including family and placement histories and the whereabouts of any siblings who are under the jurisdiction of the juvenile court; . Anticipated date court jurisdiction is expected to be terminated; . Health plans (if not already covered by Medi-Cai) . Legal document portfolio that include: Social Security Card, Certified Birth Certificate, Driver's License and/or DMV identification card, 2copies of parent(s) death certificate(s), proof of citizenship/residence status. Page 32 of 33 9-40 CAPER FY 2007 -08 City of Chula Vista . Housing plans including referral to transitional housing or assistance in securing other housing; . Employment or other financial support plans; . Educational/vocational plans including financial aid, where appropriate . Transitional housing for youth transitioning from the foster care system operated by South Bay Community SeNices in Chula Vista. Hp.olth Cmp.: The San Diego County Health and Human SeNices Agency is the lead agency that has commissioned a research project to identify concerns and prepare recommendations for homeless (and other targeted populations) exiting local health care systems. The City of Chula Vista is an integral part of this process. Mp.ntol Hp.olth: The Health Care Systems in San Diego County are working towards formalizing the discharge protocol for low income and no income individuals. At the present time, homeless persons are eligible for a series of seNices through referral on release from inpatient or emergency medical facilities. After release, access to seNice information remains available through the San Diego Center and the Network of Care Program, SeNices include: . Health Insurance Counseling and Advocacy Program (HICAP) NeedyMeds Program; and . Mobile Units that provide access to care in remote locations. The Network of Care Program offers specific information for homeless persons. The Center reduces barriers to care by providing information in seven languages. Resources are updated through the United Way InfoLine to ensure regular updates. CorrActions: SeNices and discharge planning for individuals released from county correctional facilities are found in the Public Information Handbook prepared by the San Diego County Sheriff's Department. SeNices are summarized in the SD Sheriff's Health & Mentai Health SeNices Discharge Plan- form J266. The County Sheriff's Department has designated staff positions as homeless liaisons, mental health specialists, and an American with Disabilities Coordinator to assist with individual discharge plans for inmates who have received health or mental health seNices while in custody. City of Chula Vista The Mental health Psychiatric Security units of the jail (licensed by the State Dept of Mental Health) operate under the CAPER FY 2007-08 Page 33 of 33 9-41 purview of the state level discharge plan. A multi-disciplinary team working with the homeless provides discharge plans and case management to ensure continuity of care upon release. Page 34 of 33 9-42 CAPER FY 2007-08 City of Chula Vista Appendix A IDIS Reports City of Chula Vista CAPER - Appendix A CDBG IDIS Reports 9-43 Appendix B HUD Forms City' of Chula Vista CAPER - Appendix B HUD Forms 9-44 Annual Performance Report HOME Program U.S. Department 01 Housing and Urban Development Office of Community Planning and Development OMS Approval No. 2506-0171 (exp. 813112009) Public reporting burden forthis collection ofintormation is estimated to average 2.5 hours per response, induding the time tor reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not Il!quired to respond to, a collection of information unless that coUectioo displays a valid OMS control number. The HOME s1atute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs: 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3} to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title It of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is ganerally available for disciosure. Recipients are responsible for ensuring confidentiality when public disdosure is not required. This form is intended to coilect numeric data to be aggregated nationally as a complement to data collected through the Cash and Management Information (C/MI) System. Participants should enter the reporting period in the first block. The reporting period is October 1 to September 30. Instructions are included for each section if further explanation is needed. Submit this form on or before December 31. Send one copy to the appropriate HUD Field Office and one copy to: HOME Program, Rm 7176,451 7th Street, S.W., Washington D.C. 20410 Part I Participant Identification This report is for pe~od (mm/ddtyyyy) Starting I Ending 10101/2007 , 09/30/2008 Date Submitted (mmfddlffl'Yl 9/29/2008 1. Partieipanl Number 2. Participant Name City of Chula Vista 3. Name 01 Person completing lhis report Jose Dorado, Project Coordinator 11 5, Address 276 Fourth Avenue 7. Stale CA 8. Zip Gode 91910 4. Phone Number (Include Area Code) 619-476-5375 Part II Program Income Enterthe following program income amounts for the reporting period: in block 1, enter the balance on hand at the beginning; in block 2. enter the amount generated; in block 3. enter the amount expended: and in block 4, enter the amount for Tenant-Based rental Assistance. 1. Balance on hand at Beginning 2. Amounl receilled during 3 Tolal amounlexpended 4 Amount expended lor Tenanl- 5. Balance on hand al end ot or Reporting Period Reporting Period during Reporting Period Based Rental Assistaree Reporting Period (1 + 2 .3) = 5 0 0 0 0 0 Part III Minority Business Enterprises (MBE) and Women Business Enterprises \'NBE) In the table below, indicate the number and dollar value of contracts for HOME projects completed during the reporting period Minority Business Enterprises (MBE) a. Total b. Alaskan Native or c. Asian or d. Black. e. Hispanic f. While American Indian Pacific Islander Non-Hispanic Non-Hispanic A. Contracts 1. Number 1 0 0 0 0 1 2. Dollar Amount $17,135,188 B. Sub.Contracts 1. Number 0 0 0 0 0 1 2. Dollar Amount $17,135,188 3. Tolal b. Women Business c, Male Enlerprises (WBE) C. Contracts ,. Number 1 0 0 2. Dollar Amount $17,135,188 [ 0 D Sub-Contracts 1 Number 0 0 0 2. Dollar Amounts 0 0 D City of Chula Vista CAPER - Appendix B HUD Forms 9-45 HOME Match Report U.S. Department of Housing and Urban Development Office 01 Community Planning and Development OMB Approval No. 2506-0171 (expo 8/3112009) Part I Participant Identification 1-~pa-;ilcipalllr;J;;-(asslgil;;bY-HiJ[))=j:2_ Name'or IlIe Parlidpallng JlJfi~rJiclion 'I City ?f Chula Vista 5. Street Addies.'.> of Ihe Pallicipaling JUtlSljlGlion 276 Fourth Avenue Reily Chuta Vista I Match Contributions tor I Federal Fiscal Year (yvyy) 3. Name of Contact (person compleling Ihis rerorii'" Angelica Davis 4 _ Conlacl's Phone Number (include HI aa code) 619~691 ~5036 2:0~] 17. Slale I CA Ill,ZipCode I 91910 Part II Fiscal Year Summary -~ ,. Excess match from prior Federal fiscal year $ 30,073,470.91 -~ ----- ---- 2. Match contributed during current Federal fiscal year (see Part 111.9.) $ 5,026,169.32 ~ ., 3 Total match available for current Federal fiscal year (line 1 + line 2) $ 35,099,640.23 4. Match liability for current Federal fiscal year $ 28,126.29 ~- ~ ~ 5. Excess match carried over to next Federal fiscal year (line 3 minus line 4) $ 35,071,513,94 . ., Part III Match Contribution for the Federal Rlcal Year 7 Site Preparation CD I .j>. m 1. Project No. 2. Date of 3. Cash 4. Foregone Taxes, 5. Appraised 6. Required Construction Materials B. Bond 9. Total or Other to Contribution (non.Federal sources) Fees, Charges land IR~el Property Infrastructure Donated labor Financing Match tmm/ar.vyyyyj" Los Veclnos 11/01/07 5,026,169.32 ---~- --.- ~. ~ -- ~- ~~ ~ . - --- --..- --. . ~~ --. . al ~ x E D 0 cu. <DO Q.=o Q.:r: <l: I '" l.J.J CL <l: U o ~ ~ :> o "5 s:: U - o >- ~ U 9-47 Appendix C Proof of Publication City of Chula Vista CAPER - Appendix C Proof of Publication 9-48 NOTICE OF PUBLIC REVIEW ON THE 2007/2008 ANNUAL PERFORMANCE EVALUATION REPORT FOR THE CDBG, HOME, AND ESG FEDERAL GRANT PROGRAMS NOTICE IS HEREBY GIVEN that the City ofChula Vista has released the 2007/2008 Annual Performance Evaluation Report for a I5-day review period commencing on September 12, 2008 and ending September 26, 2008. Annual Performance Evaluation Renort: The City has prepared the Consolidated Annual Performance Evaluation Report (CAPER) to report 2007/2008 program year financial and beneficiary information as well as report on the City's goals and objectives based on HUD performance measurement standards. Drafts of the Report are available at the City ofChula Vista, Redevelopment and Housing office located at 430 "F' Street; Chula Vista, CA 91910. You may submit comments in writing to Angelica Davis at the Community Development Department using the following methods: mail; telephone (619) 691-5036; facsimile (619) 476-5310; or e-mail at adavis@ci.chula-vistaca.us. City of Chula Vista CAPER - Appendix C Proof of Publication 9-49 CITY COUNCIL AGENDA STATEMENT ~Y!f:.. CITY OF - (HULA VISTA NOVEMBER 25, 2008, Item 10 SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2009 LEGISLATIVE PROGRAM GOVERNMENT RELATIONS LIAISON ~ INTERIM CITY MANAGER 'S"i DEPUTY CITY MANAGER ~ ITEM TITLE: 4/5THS VOTE: YES D NO [!] SUMMARY The purpose of the City of ChuIa Vista's Legislative Program is to provide City staff with guidelines and broad policy direction on how to respond to legislative proposals initiated in Sacramento and Washington DC. It also indicates the City Council's priorities on those matters that should receive the greatest amount of staff time and attention throughout the course of the legislative session. The City's Legislative Program is reviewed and updated in each year in accordance with Council Policy (300-01). ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not result in a direct physical change to 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 Adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On December 18, 2007 the City Council considered and approved the proposed 2008 Legislative Program. As noted above, this document is reviewed and updated each year 10-1 NOVEMBER 25,2008, ItemJ.(L Page 2 of2 to ensure that city staff members have the direction needed to respond to legislative proposals in accordance with the City Council's priorities and preferences. Those items covered by the Legislative Program can be acted upon with the concurrence of the City's Legislative Committee. This allows the city to respond quickly to measures that would affect city operations, revenue resources etc. Measures that are not covered by the Legislative Program, but which city staff believes are significant enough to merit a response from Chula Vista, are brought before the full City Council for consideration and direction. The document presented for Council action this evening reflects input from each department within the City. It was presented to all members of the City Council as an information item on October 30, with a request that members of the Council provide requests for additions, deletions or amendments prior to this evening's meeting. All comments received by November 17, 2008 have been included. DECISION MAKER CONFLICT Staff has reviewed the decisions contemplated by this action and determined that it is not site specific at this time, and consequently the 500 foot rule found in California Code of Regulations section 1 8704.2(a)(I) is not applicable to this decision. FISCAL IMPACT There is no direct fiscal impact associated with adoption of the Legislative Program. Success in obtaining state or federal funding for individual projects may result in the receipt of funds to the City, however those cannot be determined at this time. ATTACHMENTS Attachment A - Proposed 2009 Legislative Program Prepared by: Col/een M Carnevale, Government Relations Liaison, Office of the City Manager 10-2 .. DRAFT 2009 LEGISLATIVE PROGRAM Obtain State, Federal funds and legislative support for: Item # 1 2 3 4 5 ~ C) 6 I w 7 8 9 10 Implementing the City's adopted Bayfront Master Plan Decommissioning and dismantling the existing South Bay power plant as soon as possible Recruiting a University or other institution of higher learning Locating a National Energy Center - GTI project Completing critical transportation corridors (e.g. SR 905, SR 125, SR 11. I-80S 1-5) Improving sidewalks and other infrastructure needs, especially in redevelopment project areas C0113truetiag an additional harder Ct033ing at Otlry Me3a Develop roadway linkages between SR-125 & I 805 at Rock Mountain Road Border crossing issue is goingforward, this item now moves to Group II Reconstructing Nature Center access road Providing illegal drug use prevention and intervention in a community-based setting Offering/promoting recreational programs, particularly those focused on youth health & fitness to combat childhood obesity Economic Develo ment Assist business attraction/retention in Chula Vista Purchase foreclosed or abandoned homes in order to stabilize neighborhoods and stem the decline of house values of nei hborin homes. Establish sustainable economic development with minimal rni act to natural resources Page 1 of 6 Group II Legislation to Support Legislation to Oppose Energy Promote energy cfficicftcy conservation Facilitate construction/implementation of energy efficient and alternative energy resources Provide local government control over the use of 'public purpose "oods' fees Retire afta dceOfilim33ioft older, more pdltltfng po",cr , . , duplicative of GrouP I item #2 Environmental Require an EIR for large projects/utility mergers Grant new leases for oil/gas development in state-owned Protection coastal waters off San Diego County Promote Extended Producer Responsibility to hold producers liable for costs of managing their products at ~ - end of life Adopted by Council resolution 10/21/08 '( Fund municipal habitat preservation, water conservation l>. and recvclin" efforts Fiscal Support/Home Protect or enhance local government revenue res.ources Unfunded mandates Rule Provide grant distribution criteria that includes a 'per capita' component rather than relying solely on 'merit- Take away or redirect local government revenue resources based' proQctams Fund construction of needed infrastructure, parks, Limit cities' ability to impose franchise fees, taxes, etc. on cable or satellite television or other telecommunication libraries and other civic/public safety programs operations & services Exempt stormwater fees from the restrictions of Preclude cities from collecting Utility Users Tax, including Proposition 218 revenue on cellular or dil!ltal telephone use Repeal the Gas Tax exemption for local agencies General Government Provide greater incen tives for managing pet over Abridge home rule authority, particularly as it pertains to population land use planning Housing/Com Dev Assist first-time home buyers Preclude cities from implementing rent control measures DRAFT 2009 LEGISLATIVE PROGRAM Page 2 of 6 Grou II Legislation to Support Legislation to Oppose Housing/Com Dev Prevent the loss of affordable housing with assistance (con't) from federal or state funding Encourage the use of alternative dispute resolution measures rather than costly/time consuming litigation in condominium and townhouse construction defect challenges Land Use Planning Promote 'smart growth' incentive programs, reward agencies that promote sustainable practices such as Site airports that would adversely impact Chula Vista energy conservation, renewable resources, green buildin~s and the reduction of CO2 emissions Extend land use, conservation and growth management Introduce major changes to Building, Energy or policies of municipalities to unincorporated territories Accessibility code requirements without sufficient time within their spheres of influence and resources for local government and industry training T Require special districts, school districts to adopt facility en master plans consistent with local government general plans, growth management plans, and adopt 5-year CIP / financing plans consistent with the facility master plans Streamline CEQA, establish categorical exemptions for projects promoting health, safety & welfare of the public Strengthen local governments' ability to require developers and subdividers to provide the on-site and off-site facilities and infrastructure needed by their projects Library Fully fund the California Public Library Fund and eliminate fmancial penalties to municipal libraries experiencing budget reductions. Guarantee libraries the largest possible discount in rates for teleconununication services, internal connections and access to the Internet Preserve existing provisions that exempt libraries from having to act as censors of literature or information DRAFT 2009 LEGISLATIVE PROGRAM Page 3 of 6 Group II Legislation to Support Legislation to Oppose Parks & Recreatioo Provide funds to construct or renovate parks and recreation facilities in aging/underserved areas of the city Future park bond measures that provide per capita and competitive grants for park and recreation facility development and renovationChu/a Vista iften benefits more from per capita J!.rants than comDetitive ",ants a/one. Implement 'National Agenda for Urban Parks and Recreation' adopted @ Urban Parks Summit & U.S. Conference of Mauors in 2006. Funds for after school nro<>rams nromotin<> the arts Public Employer- Protect and enhance cities' . ability to establish Employee Relations conditions of employment, including hours, wages, Mandated inclusion of local government employees in the ~ benefits, the meet -and-confer process, appeal procedures Social Security System I and management rights Reform the California Workers' Compensation Program Mandated binding arbitration in public employee disputes to reduce public costs .. Maintain the employee's 'burden of proof related to all Prohibit employers from testing employees or applicants presumptive illnesses for illegal substances Public Liability Change the legal principle of 'joint and several liability' to protect cities against 'deeD Docket' liability Reinforce public entity design and discretionary act immunity Minimize governmental exoosure to frivolous lawsuits Improve liability protection for governmental agencies and their personnel Public Safety Reinstate the Federal COPS and State SLESF grant Preemption of local public safety ordinances proQ:rams Restore full funding to Counties for booking fee reimbursements Absent that, cities may bear costs. Increase funding for jails and court systems to allow more prosecution and incarceration of low level felonies and misdemeanors DRAFT 2009 LEGISLATIVE PROGRAM Page 4 of 6 Group II Legislation to Support Legislation to Oppose Public Safety (con't) Give cities the power furrher to restrict prostitution Increase penalty for the manufacture, sale of illegal drugs Fund emergency preparedness measures, particularly those related to wildland fires. Toughen drunk driving and street racing laws and penalties Provide greater authority for police ar other local agencies to control graffiti, curfews, juvenile crime and alcoholic beverage control. Public Warks & Reduce municipal costs associated with Caltrans projects Transportation ~ Allow local agencies flexibility in complying with the Americans with Disabilities Act to provide the greatest ~ benefit to the disabled population, rather than cormnitting scarce resources to achieving 2% maximum sidewalk and driveway slopes Simplify An 939 compliance / reporting requirements Revise speed limit laws to allow for radar enforcement of residential street speed limits at levels below the 85m percentile as determined by a traffic study Require Caltrans to allow cities an exemption from Caltrans' public work project requirements if that work is a result of iroproper maintenance on Caltrans' part, or require Caltrans to pay for such additional work if it is included as part of a local agency's public works proiect Amend PUC regulations to prohibit utilities from locating cables directly into concrete sidewalks, and require said cables to be placed 24" to 36" below sidewalks DRAFT 2009 LEGISLATIVE PROGRAM Page 5 of 6 GROUP III - Administrative Actions; Ci will send letters of sn osition, meet with re ional administrators to communicate Ci . Promote grant requests submitted by the City Impose prevailing wage requirements on charter cities e t of Industrial Relations Impose additional requirements related to the Federal NPDES program (Dept of Water Resources, Regional Water uali Control Boards Increase the City of Chula Vista's Regional Housing Needs Assessment allocation without reforming the RHNA rocess Cite airports that would adversely impact the Chula Vista area Mainrain (or make permanent) the Clean Water Act exem tion for the Point Lorna Sewer Treatment Plant Expedite disbursement of Proposition 84 funds to local government will monitor for ossible amendments that CDuld merit takin formal Measure,; with indirect fiscal or operational affect on City Measures carried by authors frequently unreceptive to local government concerns Measures of concern to League of California Cities, U.S. Conference of Mayors, National League of Cities, but not necessarily significant to Chula Vista DRAFf 2009 LEGISLATIVE PROGRAM Page 6 of 6 RESOLUTION NO. 2008- ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2009 LEGISLATIVE PROGRAM WHEREAS, the purpose of the City of Chula Vista's Legislative Program is to provide city staff with guidelines and broad policy direction on how to respond to legislative proposals initiated in Sacramento and Washington DC; and WHEREAS, it also indicates the City Council's priorities on those matters that should receive the greatest amount of staff time and attention throughout the course of the legislative session; and WHEREAS, the City's Legislative Program is reviewed and updated in each year in accordance with Council policy (300-01); and WHEREAS, on December 18, 2007 the City Council considered and approved the proposed 2008 Legislative Program; and WHEREAS, this document is reviewed and updated each year to ensure that city staff members have the direction needed to respond to legislative proposals in accordance with the City Council's priorities and preferences; and WHEREAS, those items covered by the Legislative Program can be acted upon with the concurrence of the City's Legislative Committee; and WHEREAS, this allows the city to respond quickly to measures that would affect city operations, revenue resources etc.; and WHEREAS, measures that are not covered by the Legislative Program, but which city staff believes are significant enough to merit a response from Chula Vista, are brought before the full City Council for consideration and direction. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the City of Chula Vista 2009 Legislative Program. Presented by Scott Tulloch Interim City Manager 10-9 CITY COUNCIL AGENDA STATEMENT ~~ CITY OF . -- - - CHULA VISTA SUBMITTED BY: NOVEMBER 25,2008, ItemL PRESENTATIONS BY PROPONENTS AND OPPONENTS REGARDING THE APPLICATION BEFORE THE CALIFORNIA PG'BLIC UTILITIES COMMISSION TO CONSTRUCT THE SUNRISE POWERLINK TRANSMISSION PROJECT DIRECTOR OF CONSERVATION & ENVIRONMENTAL SERVICES INTERIM CITY MANAGER S r 1Y) ITEM TITLE: REVIEWED BY: 4/5THS VOTE: YES D NO 0 SUMMARY Representatives of the proponents and opponents of the Sunrise Powerlink have been invited to present information on the proposed transmission project Staff has requested that the representatives limit any formal remarks and or presentations to approximately 10 minutes and that they be prepared to answer questions that Councilmembers may have regarding the project Attached for your information are copies of Frequently Asked Questions and a press release from the California Public Utilities Commission (CPUC) that describe the current status of the project before the CPUC 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 defmed under Section 15378 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 envirorunental review is necessary. RECOMMENDATION Council consider the presentations of the proponents and opponents of the project and determine if Council wishes to take a position on the project 11-1 NOVEMBER 25,2008, Iteml Page 2 of2 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the Councilmembers and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMP ACT There are no direct fiscal impacts to the City as a result of the presentations. BOARDS/COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Exhibit A: CPUC Press Release Exhibit B: CPUC Frequently Asked Questions Exhibit C: CAlSO Response To Energy Sub Committee Regarding SBPP RMR Prepared by: Michael Meacham, Director, Conservation & Environmental Services 11-2 Exhibit A California Public Utilities Commission 505 Van Ness Ave., San Francisco FOR IMMEDIATE RELEASE Contact: Terrie Prosper, 415.703.1366, news@cpuc.ca.gov PRESS RELEASE Docket #: A.06-08-010 CPUC ISSUES PROPOSED DECISIONS IN SUNRISE TRANSMISSION LINE PROCEEDING SAN FRANCISCO, October 31, 2008 - The California Public Utilities Commission ECPUq today released an Administrative Law Judge Proposed Decision and a Commissioner's Alternate Proposed Decision regarding San Diego Gas and Electric Company's (SDG&E) proposed ISO-mile Sunrise Powerlink Transmission Project. The Proposed Decision sponsored by an Administrative Law Judge (ALJ) denies the Sunrise application, stating that the line is not needed to meet California's current renewable requirements, and that, if constructed, it could result in very significant costs to ratepayers and extensive environmental damage. Among other things, the AU's proposed decision states SDG&E's service area will not experience a reliability need or "shortfall" until 2014, and the shortfall may be met more economically and more reliably with generation-based alternatives. The Alternate Proposed Decision sponsored by Commissioner Dian M. Grueneich, the assigned Commissioner in the Sunrise proceeding, approves, with conditions, the Final Environmentally Superior Southern Route for Sunrise that is described in the Final Environmental Impact ReportlEnvironmental Impact Statement. This route avoids Anza- Borrego Desert State Park and all tribal lands. The Alternate Proposed Decision also concludes that Sunrise is not needed to meet California's current 20 percent by 2010 renewables requirement, but that it will be needed to meet California's greenhouse gas (GHG) reduction goals by facilitating renewable procurement at 33 percent levels. I fIlll~..~ California Public Utilities Commission 11-3 Exhibit A The Alternate Proposed Decision fmds that if Sunrise is used to deliver renewable power at 33 percent levels it will generate over $100 million per year in ratepayer benefits. Thus, the Alternate Proposed Decision requires SDG&E to prepare a "Sunrise Compliance Plan" for CPUC approval that will ensure that substantial amounts of Imperial Valley renewables will be delivered on the line. If SDG&E agrees to the condition, it will be permitted to engage in pre-construction activities prior to the CPUC's approval of its compliance plan, but it may not engage in any activities that could result in a material physical impact to the environment. In describing the Alternate Proposed Decision, Commissioner Grueneich said, "It is critical that we focus on our GHG goals. If Sunrise can deliver the Imperial Valley renewables promised by SDG&E, we can go a long way toward meeting those goals and provide hundreds of millions of dollars in ratepayer benefits." Oral argument in the proceeding will be held in the CPUC's Auditorium at 505 Van Ness Ave., San Francisco, on November 7,2008, at 10:30 a.m. Parties in the proceeding may also file comments on the Proposed Decisions and! or Alternate Proposed Decision by November 20,2008, and reply comments by November 25,2008. The CPUC's first opportunity to vote on the ALl Proposed Decision and the Alternate Proposed Decision is December 4, 2008. Any Commissioner may draft another Alternate Proposed Decision presenting differing conclusions or opinions for consideration by the full CPUC. Within 30 days after a decision is issued by the CPUC, parties can apply for rehearing. For further information on the CPUC's decision-making process, please call the CPUC Public Advisor at (866) 849-8390 or (415) 703-2074 or email publi c .advisor(a)cpuc. ca. gov. Electronic copies of the ALl Proposed Decision and the Alternate Proposed Decision are available at www.cpuc.ca.gov/PUClhottopics/lenergv/a05l20l4.htrn. For more information on the CPUC, please visit WWW.cpuc.ca.gov. tI11Ll.i'~~ California Public Utilities Commission 11-4 2 Exhibit B I California Public Utilities Commission 505 Van Ness Ave., San Francisco FREQUENTLY ASKED QUESTIONS AND ANSWERS October 31, 2008 Docket #: A.06-08-01 0 Sunrise Powerlink Transmission Project What is Sunrise? Sunrise is a transmission line proposed by San Diego Gas and Electric Company (SDG&E). SDG&E filed a Certificate of Public Convenience and Necessity (CPCN) seeking approval to construct Sunrise from the California Public Utilities Commission (CPUC). SDG&E's initial construction proposal, referred to as the proposed project, contemplates a new transmission line running approximately 150 miles from the EI Centro area of Imperial County through Anza-Borrego Desert State Park (Anza-Borrego) to northwestern San Diego County. The proposed project includes construction of91 miles of 500-kilovolt (kV) line and 59 miles of230 kV transmission line, replacement of transmission cable for several other lines, a new substation, and modification of several other substations. What is currently happening in the Sunrise case? The CPUC and the United States Bureau of Land Management published the Final Environmental Impact Report/Environmental Impact Statement (Final EIRIEIS) on October 13, 2008. On October 31,2008, the CPUC issued two proposals for CPUC consideration: a Proposed Decision sponsored by the assigned Administrative Law Judge (ALJ) in the case, and an Alternate Proposed Decision sponsored by Commissioner Dian M. Grueneich, the assigned Commissioner in the Sunrise proceeding. There will be oral argument in the case in the CPUC's auditorium at 505 Van Ness Ave., San Francisco, on November 7,2008, at 10:30 a.m. The public is welcome to attend. The CPUC may vote on either of the proposals, or may consider another Alternate, if one is sponsored by another Commissioner. The first opportunity for the CPUC Commissioners to vote on the two Sunrise proposals is at the CPUC's December 4, 2008, public business meeting. 1 flIl.../~,~ California Public Utilities Commission Exhibit B I What does the ALJ's Proposed Decision decide and why? The ALI's Proposed Decision denies SDG&E's application for a CPCN to build Sunrise because the ALl determined: · Sunrise will have many significant and unmitigable impacts on the environment; · Sunrise is not needed to meet SDG&E's renewables portfolio standard (RPS) obligation of obtaining 20 percent of its power from renewable sources by 2010; · Assuming a 20 percent RPS, Sunrise is not economic and will potentially generate significant ratepayer costs; · SDG&E' s service area will not experience a reliability need or "shortfall" until 2014; and . Other generation-based alternatives will meet SDG&E's eventual reliability needs more economically and with fewer significant and unmitigable impacts on the environment than Sunrise. What does Commissioner Grueneich's Alternate Proposed Decision decide and why? The Alternate Proposed Decision conditionally approves SDG&E's CPCN application to build Sunrise along the Final Environmentally Superior Southern Route based on CPUC approval of an SDG&E compliance plan to ensure that substantial amounts of Imperial Valley renewable resources will be delivered over Sunrise. The approved route, the Final Environmentally Superior Southern Route, avoids Anza- Borrego. Both the ALl's and Commissioner Grueneich's proposals fmd that any route through Anza-Borrego would have too many significant unmitigable environmental impacts and is infeasible. The Alternate Proposed Decision deviates from the Proposed Decision by assuming higher combustion turbine prices and focusing on the economic results assuming renewable procurement at 33 percent RPS levels. Under these assumptions, the Alternate Proposed Decision fmds: . Sunrise will generate over $100 niillion per year in ratepayer benefits, significantly more than the other alternatives; · The CPUC is committed to achieving greenhouse gas (GHG) reductions in the energy sector through, in part, renewable procurement at 33 percent RPS levels; · The other environmentally preferred alternatives are infeasible for meeting these broader policy goals; and · Sunrise - in the form of the Final Environmentally Superior Southern Route - is the highest ranked Alternative that will facilitate CPUC policy to achieve GHG reductions through renewable procurement at 33 percent RPS levels in the shortest time possible with the greatest economic benefits. 2 California Public Utilities Commission Exhibit B I What is the Alternate Proposed Decision's condition on SDG&E's construction of the Environmentally Superior Southern Route? The Alternate Proposed Decision finds that to the extent that the Final Environmentally Superior Southern Route is used to deliver substantial amounts of Imperial Valley renewables to consumers, it will contribute to meeting California's OHO goals and generate over $100 million per year in ratepayer benefits. Absent delivering substantial amounts of renewables, Sunrise could generate significant ratepayer costs, and may generate significant construction-related carbon dioxide emissions that will not be offset by its operation. To ensure the OHO emission reductions and economic benefits estimated for the Final Environmentally Superior Southern Route, the Alternate Proposed Decision conditions CPUC approval of Sunrise on SDO&E providing sufficient assurance that the Final Environmentally Superior Southern Route will be used to deliver substantial amounts of Imperial Valley renewable generation to the California market, including San Diego. If SDO&E agrees to such a condition, it would notify the CPUC of its agreement in a letter to the CPUC's Executive Director within 20 days of the decision. It would then submit a plan to the CPUC, in the form of an application that describes how it will ensure that Sunrise will be used to deliver substantial amounts of Imperial Valley renewable generation (Sunrise Compliance Plan). Prior to the CPUC's approval of the Sunrise Compliance Plan, SDO&E may engage in pre- construction activities, but it may not engage in any activities that could result in a material physical impact to the environment. What is the route of the Final Environmentally Superior Southern Route? The Final Environmentally Superior Southern Route is 123 miles long and stretches from the Imperial Valley Substation in the east ofSDO&E's service area to Sycamore Canyon Substation in the north west ofSDO&E's service area. The line would be 500 kV for 92.5 miles and then convert to 230 kV for 30.3 miles from the new Modified Route D Substation to the Sycamore Canyon Substation. From east to west, the line would follow 1-8 and the Southwest Powerlink route for nearly 36 miles in an area oflow fire risk, would loop north ofI-8 for 17 miles, and then south again, where it would rougWy parallel the Southwest Powerlink route for another 13 miles near the Hauser Wilderness Area with a separation of 3 to 5 miles between the two lines. The line would then cut north near the existing Barrett Substation and would travel underground in Alpine Boulevard to the west, returning to overhead adjacent to 1-8 and terminating at Sycamore Canyon Substation. The Final Environmentally Superior Southern Route would pass through 19.2 miles of Cleveland National Forest land within acceptable land use zones and the proposed federal Section 368 utility corridor. 3 iAli11Jlj'fJ~ California Public Utilities Commission Exhibit B I Does the Alternate Proposed Decision propose any conditions to respond to wildfire concerns? The Alternate Proposed Decision requires significant mitigation to address wildfires that could be ignited due to both the construction and operation of the line. Such mitigation includes: · Prohibiting construction during extreme weather conditions to reduce the risk of potentially catastrophic wildfire ignitions during construction; · Ensuring adequate removal of hazardous vegetation; . Requiring the replacement of existing 69 kV wood poles that are within 100 feet of the project with steel poles to mitigate the potential fire hazard of a wood pole being knocked into the adjacent conductors; . Requiring weed abatement and controls for invasive weeds to prevent establishment of non-native plants that have a high ignition potential and carry fires at a high rate of spread; and . Requiring climbing inspections on 10 percent of the project structures annually to improve detection of imminent component failures that could result in wildfrre ignitions. When would the line, if built, be operational? SDG&E has projected that the line would be operational by 2011, but that estimate is overly optimistic. There is no reliability shortfall in SDG&E's service area until 2014, and that shortfall is projected to be very small. Consequently, there is sufficient time to develop Imperial Valley renewables and construct the line without an impact on SDG&E's quality of service. For more information, please contact the CPUC's News and Public Information Office at 415.703.1366 or news@cpuc.ca.gov. 4 iliJi111lll. .~. California Public Utilities Commission r~ f.;. ~ ~. ~~f 12 . '., "~, '" !.:', ~,' l "'. ~ 1';, I.;' if2 t,LL ~; 6'. h' ~, i &- e.;', [~ ~' \11, ! 1m ~' ~, t1".: (}.,-, ~.: ,'- ~'. ~;: ''''' ~," $ ~ ~,I ~ r ~~.: ~ ~f :} ~; l:.. " ~~: ",. !l i; ?' . t~ California ISO jIECCTPi?i7.\f c.r;'o;;f.~.wJr~m Operator Corporation JAN 3 I ',."q. ,1"",,,,,; Your Link to Power r"kout Mansour President & Chief E;cec:utive Officer January 28, 2008 Honorable Cheryl Cox Mayor City of Chuia Vista 276 Fourth Avenue, MS A-10t Chula Vista, CA 91910 Dear Mayor Cox: Thank you for your letter of January 7, 2008, regarding the future of the South Bay Power Plant ("SBPP"), The letter asks the California Independent System Operator (ISO) to respond to the following questions: 1) What is the function of the SBPP as it relates to reliability and transmission? 2) What needs to occur in order to reduce the reliability designation on the SBPP enough to allow the lattice towers and transmission lines to be removed by December 2008? 3) What needs to occur in order to eliminate the Reliability Must Run (RMR) designation on SBPP so that it can be decommissioned and removed by February 2011? I understand that the City of Chula Vista is in negotiations with various parties regarding the future use of the bay front that would require removal of the SBPP, Thus, the liming of the possible retirement of the SBPP is an important factor in these negotiations, As you know, the generating units at the SBPP are currently designated by the CAISO as Reliability Must-Run (RMR) units, This designation cannot be removed until local reliability requirements can be met without the SBPP, The CAISO is a non profit public benefit corporation chartered under the laws of the State of California for the purpose of operating and maintaining the reliability of the statewide electric transmission grid, The reliability of the transmission grid is dependent on a number of specific power plants located in specific areas, SBPP is, in fact, critical to maintaining the reliability of the San Diego area, In order to remove the RMR designation from SBPP, the Califomia ISO must find that reliability requirements can be met without SBPP units, In May 2007, San Diego Gas & Electric ("SDG&E") entered into an agreement with the operator of the SBPP to fill SDG&E's Local Capacity Area Resource requirement needs as mandated by the California Public Utility Commission (CPUC). This agreement runs through December 31, 2009 and l 151 Blue RavioeRoad i FOI50m.CA9S630~ r~391.4400 Mayor Cox January 2B, 200B Page Two will secure all of the 704-megawatt capacity from the SBPP to the region. Although this agreement will provide SDG&E more flexibility over the operation of the facility and will ensure that the output from the plant is available to the CAISO to support the local area needs, the CAISO concluded that continued RMR designation was required in order to ensure availability of the resource to meet local reliability needs. The CAISO is aware of the widespread interest that exists to see SBPP decommissioned and has been in discussions with SDG&E about the requirements necessary to remove the SBPP'S RMR designation. In order to remove the RMR designation, there are a number of modifications to the transmission and/or generation infrastructure that must happen first to ensure that local area reliability is maintained. Three projects are underway to meet this local area reliability requirement. First, with respect to the need for new resources, construction of the Otay Mesa Energy Center is currentiy underway. Second, SDG&E has filed an application with the CPUC to construct the Sunrise Powerlink Transmission Project that will enable SDG&E to substantially improve system reliability and provide access to renewable resources. Third, SDG&E has recently executed contracts with two developers for new peaking generation resources in its service territory. . From the CAISO's perspective, at least two out of three of these major modifications must occur before the RMR designation at the SBPP can be removed. In addition to these modifications, the new Silvergate 230 kV substation and its related upgrades (scheduled for December 200B) as well as the new Baja Norte natural gas interconnection (scheduled for January 200B) must both be in service. Given that the Otay Mesa Energy Center is under construction, the future addition of Sunrise Powerlink would satisfy the requirements for removal of RMR designation at SBPP. If Sunrise is delayed or not constructed, additional new peaking generation will be required within SDG&E's service territory. The amount of new capacity would be based on the CAISO's existing grid reliability standards, which are analyzed each year. Based on the current status of the previously noted projects, the RMR designation at the SBPP could be removed as eariy as 2010. However, delays in construction of the Sunrise Powerlink, lack of sufficient new peaking capacity, or delays in the in- service dates in implementing the new Baja Norte natural gas interconnection, would clearly delay this date. Once the RMR designation is removed, there should be no CAISO-related impediment to retiring and decommissioning SBPP. - 11-10 Mayor Cox January 28, 2008 Page Three I trust that this sheds some light on the California ISO's role in determining the generation and transmission infrastructure necessary to ensure grid reliability and its analysis of local reliability needs related to the SBPP. If you have additional questions, please call All Chowdhury, Director of Regional Transmission South, at (916) 608-1113. Sincerely, l(: ~~ ~ Yakout Mansour President & CEO cc: Ali Chowdhury (CAISO) Mike Niggli (SDG&E) Steve Castaneda (City of Chula Vista) David Garcia (City of Chula Vista) Scott Tulloch (City of Chula Vista) ........... Michael Meacham (Conservation & Environmental Services) 11-11 . .. . ~\~ ~ ~ .:=..:= Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CllY OF CHUIA VISTA ~~~~Tiii1t~~~~'I,;{;;~,*~~~~~,~~~j,~~"l1l November 13, 2008 TO: Office of the Mayor & City Council Lori Peoples, Senior Deputy City Clerk Lorraine Bennett, Deputy City Clerk Mayor Cheryl CoxOtJ Jennifer Quijano, Constituent Services Manage~ Board of Ethics Appointment VIA: FROM: RE: _1ir~~4iI~~fJ\'~~~~Q~l{~I;!\'~;;,'~11:~"i';~!{i~!$1\'k~:Wi'4~1',!l'!'l In accordance with the process approved by City Council on September 25, 2007, and in accordance with the General Rules for Boards & Commissions (see below), Chris Zapata, City Manager of National City and Gary Brown, City Manager of Imperial Beach conducted . interviews on November 10, 2008. 2.25.040 Membership - Applications; interview, nomination and appointment process D. The Mayor shall forward applications for membership on the Board of Ethics to a panel consisting of at least two City Managers from cities in San Diego County, excluding Chula Vista. The panel shall review the applications, interview applicants, and make a recommendation to the City Council for appointment. Mr. Zapata and Mr. Brown reviewed 16 applications and selected six applicants to interview. After interviewing the six applicants, Mr. Zapata and Mr. Brown recommend to the City Council Christopher Shilling to fill the current vacancy on the Board of Ethics. Mr. Zapata and Mr. Brown believe that Mr. Shilling's interest and background provide him the ability to be impartial and objective and will serve the Board of Ethics well. Mr. Shilling has been a resident of Chula Vista for the past 27 years. He is currently employed by the Otay Ranch Town Center as the Director of Public Safety. Please place this item on the November 25, 2008, Council agenda for ratification and schedule the oath of office for the December 9, 2008 Council agenda. Please include a copy of this memo in the Agenda packet. Thank you. /3 11/25/08 Council Agenda Item #11 FOR IMMEDIATE RELEASE PRESS RELEASE Media Contact: Terrie Prosper, 415.703.1366, news@cpuc.ca.gov Docket #: A.06-08-0 I 0 CPUC PRESIDENT RELEASES ALTERNATE PROPOSED DECISION IN SUNRISE PROCEEDING SAN FRANCISCO, November 18, 2008 - The California Public Utilities Commission (CPUC) today released an Alternate Proposed Decision by President Michael R. Peevey that approves San Diego Gas and Electric Company's (SDG&E) construction of the ISO-mile Sunrise Powerlink Transmission Project in order to meet renewable power goals. President Peevey's Alternate Proposed Decision approves the Final Environmentally Superior Southern Route for the line in order to deliver renewable generation that would otherwise remain unavailable. "It is well recognized that the lack of transmission is the single biggest barrier to meeting renewable power goals and thus lowering greenhouse gas emissions," said President Peevey. "My Alternate Proposed Decision clears the way for a new renewable energy superhighway, allowing us to tap into the Imperial Valley's rich renewable resources without delay or unnecessary barriers." President Peevey's Alternate Proposed Decision follows Governor Schwarzenegger's Executive Order, signed yesterday, committing to increase the state's renewable energy goal to 33 percent by 2020 and clear the red tape for renewable projects. "Investors are lining up to pour hundreds of millions of dollars into developing the Imperial Valley's renewable potential, bringing high-paying new jobs to the region and clean energy to all Californians," said President Peevey. "But before they can break ground they need to know that they will be able to move the energy to market." President Peevey's Alternate Proposed Decision finds that the line will generate net benefits of over $125 million per year and is the best way to meet the Governor's goals of achieving greenhouse gas reductions through renewable procurement at 33 percent levels in the shortest time possible. "It is important to look at this issue from a statewide, long-term perspective," said President Peevey. "I believe my Alternate Proposed Decision will facilitate CPUC policy to achieve greenhouse gas reductions in the shortest time possible with the greatest economic benefits." President Peevey's Alternate Proposed Decision will be considered by the CPUC's five Commissioners along with two other proposals: an Administrative Law Judge Proposed Decision that denies the Sunrise application and an Alternate Proposed Decision sponsored by Commissioner Dian M. Grueneich that approves, with conditions, the Southern Route for Sunrise. President Peevey's Alternate Proposed Decision is available at: http://docs.cpuc.ca.gov/etile/ALT/93956.pdf. Parties may file comments on President Peevey's Alternate Proposed Decision. The CPUC's first opportunity to vote on the three proposals is December 18, 2008. For more information on the CPUC, please visit WWW.CPllC.ca.gov.