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Home My WebLink About2009/02/03 Agenda Packet le/ I declare under penalty of perjury that I am employed by the City of Chula Vista In the "'"~ ~ f.~ OffIce of the City Clerk and that I posted this ~ ~ nt on the bulletin board according to =~ . .." ----= ---=---=.....,.;: re Iremen1B. 0 ' ~~~~ . ~. CllY OF I or SIGNED ULA VISfA I Cheryl Cox, Mayor Rudy Ramirez, Councilmember James D. Sandoval, City Manager John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember February 3, 2009 4:00 P.M. t. .- ~;:.,~ Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ~\' (r2L~~ ,'." '.~'~" ROLL CALL: Councilme!llbers: Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDF;RS. OF THE DAY OATH OF OFFICE Steven Lizarraga to the Growth Management Oversight Commission . . INTRODUCTION BY DEPUTY CITY MANAGER/LIBRARY DIRECTOR LEAH BROWDER OF EMPLOYEE OF THE MONTH, ERNESTO BARROS, LIBRARIAN II INTRODUCTION BY DEPUTY CIT1- "'MANAGER/LIBRARY DIRECTOR LEAH BROWDER AND PUBLIC RELATIONS AND PROGRAMMING MANAGER SCOTT LOVE OF THE 5 WINNERS OF THE LIBRARY CARD DESIGN CONTEST: SAMANTHA SINKS, ALEJANDRA RAMIREZ, GRETCHEN KASLER, ANTONIO MARTIN DEL CAMPO JR., AND NICOLE BELLA AND PRESENTATION OF AWARDS . . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO DEB I SCHWARZ, REPRESENTING GOODRICH AEROSTRUCTURES EMPLOYEES, RECOGNIZING THEIR CONTRIBUTIONS TO THE CHULA VISTA CARES PROGRAM CONSENT CALENDAR (Items 1- 5) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be 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. Page 1 - Council Ag~nda www:chulavistaca.gov February 3,2009 1. APPROVAL OF MINUTES of November 18 and 24,2008. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.66, SECTION 2.66255 TO ALLOW BMX BICYCLE USAGE AT THE LEN MOORE SKATE PARK (SECOND READING AND ADOPTION) Adoption of the ordinance amends the Chula Vista Municipal Code to allow BMX bicycle use at Len Moore Skate Park. This ordinance was introduced on January 27, 2009. (Public Works Director/Recreation Director) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN SOUTH BAY COMMUNITY SERVICES AND THE CITY OF CHULA VISTA FOR THE PROVISION OF FAIR HOUSING AND TENANT-LANDLORD DISPUTE SERVICES AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE AMENDMENT AND THREE ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT The City ofChula Vista solicited proposals for the provision of Fair Housing and Tenant- Landlord Dispute Services through a Request for Proposal process. South Bay Community Services, the proposed Program Administrator, has a local presence and is currently contracted with the County of San Diego as a sub-contractor for fair housing counseling. Adoption of the resolution approves the contract and an "Authorization Limit" up to $14,583 through June 2009, and authorizes the purchasing agent to execute three additional one-year options to extend in amounts not to exceed $35,000, $35,500, and $35,051, respectively, for a maximum authorized amount of$120,134. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION FROM THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM IN AN AMOUNT NOT-TO-EXCEED $2,400,000 TO CHELSEA INVESTMENT CORPORATION FOR THE DEVELOPMENT OF A 147 UNIT PROJECT FOR LOW INCOME HOUSEHOLDS, THE LANDINGS AT WINDING WALK-PHASE II, IN OTA Y RANCH VILLAGE ELEVEN Under the Balanced Communities Policy of the City's General Plan Housing Element, Brookfield Shea Otay, LLC (master developer) has an affordable housing obligation to provide 207 total affordable units (92 low income and 115 moderate income) within the Winding Walk community. The 92 unit low income housing obligation has been satisfied. With the current economic climate and difficulty in obtaining financing, the master developer is proposing satisfaction of its moderate income obligation through the development of a second phase of low income housing. Staff recommends providing a pre-commitment of $2,400,000 from its federal HOME Investment Partnership Program funds to assist Chelsea Investment Corporation in obtaining affordable housing financing. (Deputy Director/Development Services Director) Staff recommendation: Council adopt the resolution. _ Page 2 - Council Agenda. www.chulavistaca.gov February 3, 2009 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE THIRD AVENUE STREETSCAPE MASTER PLAN IMPROVEMENTS, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PALOMAR STREET PEDESTRIAN IMPROVEMENTS FROM THIRD AVENUE TO FOURTH A VENUE, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INDUSTRIAL BOULEV ARD PEDESTRIAN IMPROVEMENTS FROM NAPLES STREET TO PALOMAR STREET, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE P ALOMAR GATEWAY SPECIFIC PLAN, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE E STREET TRANSIT FOCUS AREA PRECISE PLAN AND IMPLEMENT A TION STRATEGY, CONFIRMING THE IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED F. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE EASTERN URBAN CENTER TRANSIT OPTIMIZATION STUDY, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE A WARDED Page 3 - Coun.cil Agenda http://www .chulavistaca. gOY . February 3, 2009 The San Diego Association of Governments (SANDAG) has announced available capital improvement and planning project grant funding for Fiscal Years 2009 and 2010 through its competitive TransNet Smart Growth Incentive Program. The call-for-projects and guidelines provide qualifying criteria and the grant application deadline is February 6, 2009. Considering the criteria, staff has proposed the submittal of a total of six grant applications; three for capital projects and three for planning projects. Adoption of the resolutions, approve submittal of the applications. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 6. CONSIDERATION OF INTENTION TO FORM ASSESSMENT DISTRICT 2008-1 (GLENHA VEN WAY) On December 16,2008 the City Council approved the Engineer's Report for, the proposed Assessment District AD 2008-01 along Glenhaven Way. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. (Public Works Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2008-01 (GLENHA VEN WAY), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO Page 4 - Council Agenda http://www .chuliivistaca. gov F~bruary 3, 2009 OTHER BUSINESS 7. CITY MANAGER'S REPORTS 8. MAYOR'S REPORTS 9. COUNCILMEMBERS' COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · Hector Valenzuela v. Alberto Morales & City of Chula Vista, San Diego Superior Court, Case No. GIS25502 11. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 · Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder · Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups ADJOURNMENT to the Regular Meeting of February 10, 2009 at 6:00 p.m. in the Council Chambers. Materials provided to the City Council 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. III compliallce 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 at leastforty-eight hours in advance of the meeting. Pag_e 5 . - COilllCil Age~da. -. http://www.chulavistaca.gov February 3, 2009 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 18, 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 (arrived at 6:04 p.m.), McCann, Ramirez, Rindone, and Mayor Cox ABSENT: None ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, Deputy City Clerk Bennett, Records Manager Pharis PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Cox announced that her intent was to address all items on the agenda prior to the Council convening in Closed Session. PUBLIC COMMENTS There were none at this time. CLOSED SESSION 1. Closed Session was held subsequent to all other items on the agenda. CONSENT CALENDAR (Item 2) 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA. AUTHORIZING SUBMITTAL OF A FISCAL YEAR 200912010 BICyCLE TRANSPORTATION ACCOUNT GRANT APPLICATION FOR INSTALLATION OF BICYCLE LANES ON INDUSTRIAL BOULEVARD AND L STREET AND CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE AVAILABLE THEREFOR The California Department of Transportation has announced available grant funding for . Fiscal Year 2009/2010 projects through its competitive Bicycle Transportation Account grant program. (.. The grant application deadline is December 1, 2008. Adoption of the resolution authorizes the submittal of a grant application for $318,015 for the installation of bicycle lanes on Industrial Boulevard between L Street and Palomar Avenue. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Ramirez moved to approve staff s recommendation and offered the Consent Calendar (Item 2), heading read, text waived. Deputy Mayor Rindone seconded the motion and it carried 4-0, with Councilmember Castaneda absent. Page 1 - Council Minutes November 18, 2008 11-/ DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC HEARINGS Notice ofthe hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Interim City Manager Tulloch announced that a notice for the following public hearing was inadvertently published with a hearing date of November 18, 2008.. He stated that staff was requesting that the item be added to the agenda and then continued to the Council Meeting of November 25, 2008: 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 ACT PROGRAM (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) FOR THE 2009/2010 PROGRAM . Mayor Cox stated that the City Council could take action on items of business not on the posted agenda upon a determination by a two-thirds vote of the members, that the need to take action arose subsequent to the agenda being posted (CYMC 2.04.100); that the item would need to be added to the agenda to be continued to the meeting of November 25,2008. ACTION: Deputy Mayor Rindone moved to place the item on the agenda. Councilmember Ramirez seconded the motion and it carried 4-0-1, with Councilmember McCann abstaining. ACTION: Deputy Mayor Rindone moved to approve continuance of the item to the Council Meeting of November 25, 2008. Councilmember Ramirez seconded the motion and it carried 4-0-1, with Councilmember McCann abstaining. Mayor Cox announced that Item 3 would be continued to the Council Meeting of November 25, 2008 with three separate resolutions because of voting issues. No action was taken on this item. 3. 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 $452,936 of existing prior year HOME entitlement funds, as well as new Neighborhood Stabilization Program funds established by Title III of the Housing and Economic recovery Act of 2008 to various activities. (Redevelopment & Housing Assistant Director) Page 2 - Council Minutes //!-~ November 18,2008 DRAFT PUBLIC HEARINGS (Continued) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE . FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN TO . ALLOCATE $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK. GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS AND $452,936 OF HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (4/5THS VOTE REQUIRED) OTHER BUSINESS 4. INTERIM CITY MANAGER'S REPORTS There were none. 5. MAYOR'S REPORTS Mayor Cox announced that the South Bay Expressway was celebrating its first anniversary on November 19, 2008, and would be donating one dollar of toll fees from commuters to the charitable foundation, Endow Chula Vista. 6. COUNCIL COMMENTS Councilmember Castaneda announced the recent passing of CAST member Donna Russell, and acknowledged her service to the community. He commented on the close race for Council Seat No.3, stating that it was a true reflection of democracy. Councilmember McCann commented on the recent Veterans Day celebrations, and he thanked all veterans for their service. He also thanked all those who supported him during his run for State Assembly, stating that it was a great experience, and that he now looked forward to his commitment to working with the community for the next two years, and beyond, to make the City a better place. Deputy Mayor Rindone announced the recent birth of his first grandson, and that everyone was doing well. He congratulated Commander Bobby Price, who presided over the recent Veterans Day celebrations, and he extended his thanks for the opportunity to speak at the event. He suggested that the Council Meeting adjourn in memory of Donna Russell. He then reported on his participation in the recent Los Angeles/San Diego Corridor (LOSAN) Transportation Agency meeting, as regional representative, stating that with the passage of Proposition lA, 190 million dollars had been allocated towards intercity rail corridors, providing $47.5 million dollars for the Pacific Surfliner corridor. Additionally, local transportation agencies would have an opportunity to apply for the 19 million dollars in funding available from the Federal Railroad Administration for capital rail proj ects. He also stated that efforts were being made for the procurement of additional train sets for Amtrak through Chapter 20 funds, to meet the demands of commuters. Page 3 - Council Minutes November 18, 2008 1/1<3 DRAFT PUBLIC COMMENTS It was the consensus of the Council to hear public comments from those members of the public. who were not present at the beginning of the meeting, when the Mayor announced the Public Comments section of the agenda. Carlos Lopez, Chula Vista resident, spoke in opposition to the proposed MMC peaker power plant, and asked the Council to send a letter to the California Energy Commission opposing its placement near children. Guillermo Lopez, Chula Vista resident, spoke in opposition to the proposed MMC peaker power plant, and expressed concerned about the health and safety of children. Theresa Acerro, Chula Vista resident, spoke in opposition to the proposed MMC peaker power plant; she stated that the City should express its opposition to the California Energy Commission. CLOSED SESSION 1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager The City Council previously reviewed forty applications for City Manager and conducted six interviews at this time. It was the consensus of the City Council to invite three applicants back for additional interviews in Closed Session at a Special City Council Meeting at 6:30 p.m. on Monday, November 24, 2008. ADJOURNMENT At 11 :05 p.m., Mayor Cox adjourned the meeting in memory of CAST member, Donna Russell, to the Regular Meeting of November 25,2008 at 6:00 p.m. in the Council Chambers. ~ ---- ~ Lorraine Bennett, CMC, Deputy City Clerk Page 4 - Council Minutes 1/1-1/ November 18, 2008 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 24, 2008 6:30 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:40 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: None CLOSED SESSION 1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager ACTION: Deputy Mayor Rindone moved to direct staff to arrange interviews for City Manager between new Council Member Seat 3 and City Manager candidates, after certification of the City Council election results, and continue the process of appointing a City Manager to December 9, 2008. The motion carried 5-0. ADJOURNMENT At 9:50 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of November 25,2008 at 6:00 p.m. in the Council Chambers. ~- ....--- ,~ Lorraine Bennett, CMC, Deputy City Clerk / //3- / oRDnvANCE No. ~P~~NG p,NO AOOp~10N E~pND ~` ORDINANCE OF THE CITY OF CHULA VITA AMENDING CHAPTER 2.66, SECTION 2.66.255 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW BMX BICYCLE USAGE AT THE LEN MOORE SKATE PARK WHEREAS, the City of Chula Vista ("CITY'S and the Boys and Girls Club of Chula Vista ("CLUB'S entered into a lease dated November 8, 1977, ptrrsuant to City Council Resolution No. 8882, for the lease by CLUB of CITY property in Greg Rogers Pazk ("Original Lease'~;and WHEREAS, CITY and CLUB entered into an amended lease dated September 5, 1978, pursuant to City Council Resolution No. 9262, for the lease by CLUB of CITY property in Greg Rogers Park ("Original Amended Lease"); and WHEREAS, CITY and CLUB entered into an amended lease dated January 21, 2003 to modify said Original Amended Lease by removing from the definition of premises in Ute Original Amended Lease the property that will be occupied by a planned skate park; and WHEREAS, CITY and CLUB entered into an agreement for the lease and operation for a skate park in Greg Rogers Park (the "Lease and Operating Agreement'; and WHEREAS, the skate pazk was completed and opened in 2003 and named the Len Moore Skate Pazk; and WHEREAS, it is now desirable to amend the Lease and Operating Agreement to permit new uses of the Len Moore Skate Park by allowing the use of BMX bicycles; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act ("CEQA") and has determined that the activity is categorically exempt from environmental review pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, (the "State CEQA Guidelines") Section 15323, "Normal Operations of Facilities for Public Gatherings" because the action only consists of the normal operations of existing facilities for public gatherings for which the facilities were designed and there is a past history of the facility being used for the same or similar kind of purpose. Therefore, ptusuant to Section 15300 et seq. of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1: That Chapter 2.66, Section 2.66.255 of the Chula Vista Municipal Code is amended by adding Subsection "G" in aceordance with the following: 2-1 Ordinance No. Page 2 G. Notwithstanding any other provision contained within this code section, BMX bicycle use may be permitted by express written consent of the Director of Recreation at the Len Moore Skate Park. Should express written consent of the Director of Recreation be obtained, then the posted signs at the Len Moore Skate Pazk shall be revised to read as follows: WARNING Skateboarding, in-line skating, roller skating, BMX bicycle riding and scooter riding are hazardous recreational activities. Use of this facility may result in serious injuries or death. The City of Chula Vista does not assume any responsibility for injuries or death. Any person using this facility must weaz a helmet, elbow pads, and knee pads designed for skateboarding, is-line skating or BMX bicycle riding. The required protective geaz shall be properly wom (i.e., chin strap attached) and be in good repair. Any person failing to comply with this section shall be subject to citation and penalties pursuant to Chula Vista Municipal Code Section 2.66.255(F). SECTION 2: This ordinance shall take effect and be in full force thirty (30) days following its second reading. Presented by James Sandoval City Manager Approved as to form by Bart C. ~0i'tCity A 2-2 CITY COUNCIL AGENDA STATEMENT ~ CITY OF --~ ~"""" CHUIAVlSlA - - - - ITEM TITLE: SUBMITTED BY: REVIEWED BY: . rt February 3, 2009, Item.-:J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BET\VEEN SOUTH BAY COMMUNITY SERVICES AND THE CITY OF CHULA VISTA FOR THE PROVISION OF FAIR HOUSING AND TENANT-LANDLORD DISPUTE SERVICES AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THREE ONE- YEAR OPTIONS TO EXTEND THE AGREEMENT DEPUTY cgl MANAGER/DEVELOPMENT SERVICES DIRECTORttti CITY MANAG~ 4/5THS VOTE: YES 0 NO ~ SUMMARY The City of Chula Vista solicited proposals for the provision of Fair Housing and Tenant- Landlord Dispute Services through a Request for Proposal process. South Bay Community Services, the proposed Program Administrator, has a local presence and is currently contracted with the County of San Diego as a sub-contactor for fair housing counseling. Tbis action approves the contract and an "Authorization Limit" up to $14,583 through June 2009, and authorizes the purchasing agent to execute three (3) additional one-year options to extend in amounts not to exceed $35,000, $35,500, and $35,051, respectively, for a maximum authorized amount of$120,134. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIVIty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a ..Project" as defIned under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 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. 3-1 February 3, 2009, Item~ Page 2 of3 BOARDS/COMl\1ISSION RECOl\1MENDATION Not applicable. DISCUSSION As a condition of receiving Federal funding from the U.S. Department of Housing and Urban Development, the City is required to certify that it will meet the requirements in the Fair Housing Act (42 D.S.C. 3601-20), as well as g570.601(a), which sets forth the City's responsibility to affirmatively further fair housing. The City of Chula Vista contracts this service because it is more cost-effective than providing the services in- house and ensures assistance from qualified and experienced third-party professionals in this highly specialized field. For several years the City of Chula Vista has contracted for fair housing through the annual CDBG, ESG, and HOME annual application cycle. During the fiscal year 2008/2009 cycle, no application was submitted and in response the City issued a Request for Proposals (RFP) for the provision of Fair Housing and Tenant-Landlord Dispute Services ('"Program") on October 1, 2008 with a deadline for submittals of October 31, 2008. A mandatory pre-submittal conference was held on October 13th, at which South Bay Community Services (SBCS) was the only attendee, making them the only eligible organization for proposal submission. Administrator: SBCS is a non-profit organization established in 1991 with a focus on affordable housing and economic development. SBCS provides a continuum of housing services for low- income and special needs populations and is currently serving as a sub-contractor for the County of San Diego to provide fair housing services to parts of the South Bay region serving residents of Lincoln Acres, Coronado, Imperial Beach, and to Section 8 participants in the County's jurisdiction. They are a long standing contractor and subrecipient of the City of Chula Vista having worked on a variety of projects and programs. SBCS is qualified and dedicated to meeting the fair housing requirements for Chula Vista. Scope of Work: The following itemizes the proposed scope of work to be performed by SBCS, including but limited to: · Processing of Fair Housing Inquiries and Tenant-Landlord Issues to determine appropriate referrals, including assistance in filing complaints to the Department of Housing and Urban Development (RUD) or Department of Fair Employment and Housing (DFEH), as appropriate (with a focus on Fair Housing); e Development of fair housing outreach/training materials and participation in regional fair housing activities; · Oversee the City's Affirmative Fair Housing Marketing Plan; and 3-2 February 3, 2009, Iteml Page 3 of3 . Utilization of the current Analysis of Impediments of Fair Housing Choice and Compilation of Information for the 2010 City's Analysis of Impediments of Fair Housing Report. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2( a) (1 ) is not applicable to this decision. FISCAL IMPACT The action tonight will utilize up to $14,583 in CDBO funds for Fiscal Year 2008/2009 ("FY 08/09") and $35,000, $35,500, and $35,051, respectively, in CDBO funds for each of the contract extension options thereafter, for a total "Authorization Limit" not to exceed $120,134. FY 08/09 funds are budgeted and available in the existing budget. Future fiscal years will be budgeted through the annual budget process. ATTACHMENTS 1. Two Party Agreement Prepared by: Stacey Kurz, Senior Project Coordinator, Redevelopment & Housing 3-3 THE A TT ACHED 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 " B Miesfeld Interim City Attorney Dated: I /28/U; I I Agreement between City of Chula Vista and South Bay Community Services for Provision of Fair Housing and Tenant-Landlord Dispute Services 3-4 A IT ACHMENT 1 AGREElVIENT BETWEEN Crry OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES FOR PROVISION OF FAIR HOUSING AND TENAJ.~T-LANDLORD DISPUTE SERVICES This agreement ("Agreement"), dated February 4, 2009 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 WHEREAS, as a condition of receiving Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and HOME Investment Partnership (HOME) funding from the U.S. Department of Housing and Urban Development, the City is required to certify that it will meet the requirements in the Fair Housing Act (42 U.S.C. 3601-20), as well as S570.601(a), which sets forth the City's responsibility to affirmatively further fair housing; and WHEREAS, the City is seeking professional consultant services to assist the City in the provision of fair housing and tenant-landlord dispute services; and WHEREAS, South Bay Community Services, was selected as Consultant due to it's intimate knowledge of fair housing compliance, their extensive experience, and their ability to complete the services in a timely manner; 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 Consultant 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.) Page 1 of 23 3-5 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 GeneralDuties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliyer to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the timeframes 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 90nsultant under this Agreement. Upon doing so, City and Consultant agree to meet in goodfaith 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 Defined 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 /I in Exhibit A, Paragraph 1 O(C), unless a separate fzxed fee is otherwise agreed upon. All compensationfor 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. Page 2 of 23 3-6 F. Insurance Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the 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 & Omissions 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 daIDage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence Page 3 of 23 3-7 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 afinancial 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: (1) The City ofChula 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 primary insurance as it pertains to ule 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. JfGeneral 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 Page 4 of 23 3-8 (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 (1) 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://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as Page 5 of 23 3-9 provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount 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 ofthe 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 arid 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 Consultant 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 billingfrom Consultant submitted to the City. periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than Page 6 of 23 3-10 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 17 (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 resultingfrom 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 this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specifiedfor the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheldfrom monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Pczragraph 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. Financial Interests of Consultant Page 7 of 23 3-11 A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 14, as an "FP PC 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 FP PC Filer, Consultant shall not make. or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 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 learns 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 that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates'') presently have any interest, directly or indirectly, whatsoever in 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 any property which may be the subject matter of the Defined Services, ("Prohibited Interest''), other than as listed in Exhibit A, Paragraph 14. Page 8 of 23 3-12 Consultant further warrants and represents that no promise offuture 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 ta 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 arisingfrom, 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: Page 9 of 23 3-13 (1) Indemnification and Hold Harmless 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 hold harmless 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 harmless 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 harmless 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, arisingfrom 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 arisingfrom 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 manner 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 Page 100f23 3-14 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 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 compensationfor 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. 11. 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 Defined 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 may be limited by the provisions of the Public Records Act), distribute, and othen.vise 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 ind~pendent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains 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 Page 11 of 23 3-15 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, 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 mayfi"om 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 arising 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 Defined Services, Consultant shall include, or cause the inclusion oj 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. Page 12 of 23 3-16 C. Notices All notices, demands or requests providedfor or permitted to be given pursuant to this Agreement must be in writing. All notices,. demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified 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 hereofmay 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 fi"om 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 LawN enue This Agreement shall be governed by and construed in accordance with the lmlls 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 ifapplicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City ofChula Vista. (End of page. Next page is signature page.) Page 13 of23 3-17 Silmature Pal!e TO AGREElVIENT BETWEEN CITYOFCHULA VISTA AND SOUTH BAY COMMUNITY SERVICES FOR PROVISION OF FAIR HOUSING AND TENANT-LANDLORD DISPUTE SERVICES 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 ofChula Vista By: James D. Sandoval, City Manager Attest: Donna Norris, City Clerk Approved as to form: Bart Miesfeld, City Attorney Dated: Exhibit List to Agreement (X) ExhIbit A Page 14 of 23 3-18 Exhibit A TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND SOUTH BAY COl\1i)fUNITY SERVICES FOR PROVISION OF FAIR HOUSING AND TENANT-LANDLORD DISPUTE SERVICES 1. Effective Date of Agreement: February 4, 2009 2. . City-Related Entity: eX) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial DevelopmentAuthority of the City ofChula Vista, a ( ) Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: South Bay Community Services 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Page 15 of 23 3-19 6. Place of Business, Telephone and Fax Nurriber of Consultant: 1124 Bay Boulevard, Suite D Chula Vista, CA 91911 Voice Phone: (619) 420-3620 Fax Phone: (619) 420-8722 7, General Duties: Consultant shall provide fair housing and tenant-landlord dispute services to include, but not limited to: advocacy, outreach and education; technical training opportunities for housing staff and providers; maintenance of fair housing discrimination investigations; intake and enforcement processes; collaborations and/or linkages with other entities which further strengthen fair housing activities in the City of Chula Vista. . 8. Scope of Work and Schedule: A. Detailed Scope of Work: Consultant shall provide services to meet 'the requirements of the Fair Housing Act (42 U.S.c. 3601-20) for the City of Chula Vista in compliance with the provisions of Federal regulations governing Community Development Block Grant (CDBG) funds, particularly 24 CFR Parts 24, 85,135, and 570, and OMB Circulars A-122. Consultant shall Process Fair Housing Inquiries and Tenant-Landlord Issues, including but not limited to: "Receive and screen inquiries/complaints and arrive at a preliminary determination of which cases have fair housing implications and which do not. II Assist and/or refer complainants of fair housing issues and tenant-landlord disputes to the appropriate competent legal resources or dispute resolution agencies when appropriate. This includes compilation of evidence and declarations for fair housing cases including interviewing witnesses, reviewing rental agreements, testing, analysis of rental, sales, and mortgage data, rules, funding sources obligations, etc. · Assist claimants with fair housing information and as appropriate, refer claimant's complaints to the 'Depa'rtment of Housing and Urban Development (HUD) or Department of Fair Employment and Housing (DFEH). D Provide follow up on all cases referred to HUD or DFEH or legal services Consultants. Consultant shall develop and maintain a fair housing outreach/training element, including but not limited to: D Develop, produce, and distribute as required, Fair Housing brochures and/or pamphlets to the public, including local community based organizations, senior centers and family resource centers, regarding fair housing law and regulatory issues. These materials shall be bilingual, where appropriate. Page 16 of 23 3-20 · Provide verification of monthly publications or broadcasts of at least one educational news article regarding Fair Housing issues, laws or resources. · Annually conduct and/or participate in a regional San Diego Fair Housing Fair intended to educate the public on fair housing issues, laws and resources. " Consult and participate with non-profit, governmental and private sector housing and fair housing agencies active within the San Diego region, including membership and participation in the San Diego County Fair Housing Resources Board ("FHRB"). · Annually conduct an educational event during Fair Housing Month specifically designed for San Diego County housing providers, including but not limited to: City staff, property managers, owners, realtors, and resident organizations within the City of Chula Vista. .. Set up and maintain a website that contains fair housing information and E-mail capability, and/or inclusion of these items in the City's existing website. Consultant shall develop and maintain a fair housing referral element, including but not limited to: .. A well-publicized system to receive tenant-landlord and fair housing complaints from within the City,. including an (800) or equivalent toll-free phone number, to resolve or refer such complaints to the appropriate source for resolution, and to maintain and provide to the City complete statistical records on all complaints and their resolution. Consultant shall develop and maintain an affirmative fair housing marketing element, including but not limited to: · Overseeing the City's Affirmative Fair Housing Marketing Plan ("AFHMP"), including educating builders about AFHMP requirements, determining whether AFHMP proposals satisfy requirements of the Fair Housing Act, drafting exemption letters for exempt projects, and ensuring that Building Industry Association exemption letters are accompanied by a letter from the BIA indicating compliance with the Voluntary Affirmative Marketing Agreement. Program reports and administration related to the above tasks, including but not limited to: . " Provide monthly log to City of received calls/applications and log on the handling of each call/application. .. Develop and submit to the City a complete quarterly report and Annual Report of the Fair Housing Program progress during the preceding quarter, including. tabular and textural materials as required. Reports submitted shall include actions taken and status of resolutions of complaints. .. Documentation identifying unduplicated clients served, to include but not limited to age, race/ethnicity, and income in the format provided by the City. · Additional programs, tasks, or responsibilities deemed by the City or the u.S. Department of Housing and Urban Development (H UD) to be necessary as part of a Fair Housing Program either as a result of review of the existing program or originating from legislation or interpretation. If necessary, additional costs of such programs or tasks will be negotiated with the City prior to commencement. Page 1 7 of 23 3-21 Consultant shall utilize the current Analysis of Impediments of Fair Housing Choice and Compile Information for the City's Analysis of Impediments of Fair Housing Report, to include, but not limited to: II Incorporate the information and recommendations on the most recent version of the Analysis of Impediments and develop effective strategies for the provision to mitigate impediments noted and to provide actions for affirmatively furthering fair housing choice. II Assist in the compilation of information regarding impediments to fair housing choice for the City's 2010 Analysis of Impediments to Fair Housing Choice. 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 No.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Consultant services: June 30, 2009 This agreement may also be extended by mutual agreement for up to three (3) years, in one year increments through June 30,2012. 9. Materials Required to be Supplied by City to Consultant: List of fiscal year 2008/2009 fair housing calls/responses. 10. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defmed Services by Consultant as herein required, including time and materials, 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: $14,583 Provided the City exercises its options to extend, the Single Fixed Fee amounts for each fiscal year shall be as follows: Page 18 of 23 3-22 Fiscal Year ("FY") FY 2009/2010 FY 2010/2011 FY 2011/2012 Sin~le Fixed Fee Amount $35,000 $35,500 $35,051 Single Fixed Fee Amounts shall be payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee (X) 1. Monthly Payments. The City shall make monthly payments against the Single Fixed Fee Amount. Each payment shall be equal to the Single Fixed Fee Amount specified above for a particular fiscal year divided by the total number of months for which the Consultant's services have been contracted for that same fiscal year. ( ) 2. 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 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. B. ( ) Phased Fixed Fee Arrangement. F or the performance of each phase or portion of the Defmed 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. Consultarit 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. Payments to Consultant shall be based upon achievement of project milestones as follows: Page 1 9 of 23 3-23 Phase Fee for Said Phase 1. 2. .., ;). 4. ( ) 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 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. ( ) 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) ( ) 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 Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (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 Page 20 of 23 3-24 shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Cate~wnr of Employee Rate Schedule Name of Consultant Hourly Rate $ $ ( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement -- F or 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: () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Office & Printing, not to exceed: () Mileage, not to exceed $ () Program Supplies/Expense, not to exceed $ () Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ $ $ $ $ $ $ $ $ 12. Contract Administrators: City: Jose Dorado, Project Coordinator II Voice Phone: (619) 420-3620 Fax Phone: (619) 420-8722 Email: jdorado@ci.chula-vista.ca.us Consultant: Eddie Duarte, Project Coordinator Voice Phone: (619) 420-3620 Fax Phone: (619) 420-8722 Email: eduarte@csbcs.org 13. Liquidated Damages Rate: Page 21 of 23 3-25 ( ) $ ( ) Other: per day. 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources ofincop1e. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5; Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) 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. ( ) 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 Page 22 of 23 3-26 16. Permitted Subconsultants: N/A 17. Bill Processing: A. Consultant's Billing to be submitted for the following period oftime: (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: 18. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) 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: Page 23 of 23 3-27 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN SOUTH BAY COMMUNITY SERVICES AND THE CITY OF CHULA VISTA FOR THE PROVISION OF FAIR HOUSING AND TENANT- LAND;LORD DISPUTE SERVICES AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THREE ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT WHEREAS, as a condition of receiving Federal funding from the U.S. Department of Housing and Urban Development, the City is required to certify that it will meet the requirements in the Fair Housing Act (42 U.S.C. SS 3601-20), as well as section 570.601(a), which sets forth the City's responsibility to affirmatively further fair housing; and WHEREAS, on October 1, 2008, the City of Chula Vista solicited proposals for the provision of fair housing and tenant-landlord services for the remainder of fiscal year 2008/2009 with options to extend by mutual agreement for up to three (3) years, in one-year increments; and WHEREAS, based on qualifications and proposals received, the City selected and desires to enter into a two-party agreement with South Bay Community Services to administer fair housing and tenant-landlord services ("Agreement") in an amount not to exceed $14,583, with three (3) one-year options to extend in amounts not to exceed $35,000, $35,500, and $35,051, respectively, for a maximum authorized amount of$120,134. NOW, THEREFORE, BE IT RESOLVED based on the findings above, the City Council of the City of Chula Vista does hereby authorize the City Manager to execute the agreement in an amount not to exceed $14,583, with three (3) one-year options to extend in amounts not to exceed $35,000, $35,500, and $35,051, respectively, for a maximum authorized amount of $120,134. BE IT FURTHER RESOLVED that the City Council does hereby authorize the Purchasing Agent to execute three (3) one-year options to extend the agreement. Presented by Gary Halbert, P.E., AICP Deputy City Manager / Development Services Director J:\AtlamcylRESOLUTIONS\AGREEMENTS\Sauth Bay Community Services for landlanl dispute services_02-03-09.doc 3-28 CITY COUNCIL ACENDASTATEMENT ~ CITY OF ~:: ~~ (HUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: February 3, 2009, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALL Y APPROVING FINANCIAL ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION FROM THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM IN AN AMOUNT NOT - TO-EXCEED $2,400,000 TO CHELSEA INVESTMENT CORPORATION FOR THE DEVELOPMENT OF A 147 UNIT PROJECT FOR LOW INCOME HOUSEHOLDS, THE LANDINGS AT WINDING WALK-PHASE II, IN OTA Y RANCH VILLAGE ELEVEN DEPUTY C~~X ~MANAGER / DEVELOPMENT SERVICES DIRECTOR~ CITY MANAGE~ 4/STHS VOTE: YES D NO 0 SUMMARY Under the Balanced Communities Policy of the City's General Plan Housing Element, Brookfield Shea Otay, LLC (master developer) has an affordable housing obligation to provide 207 total affordable units (92 low income and 115 moderate income) within the Winding Walk community. The 92 unit low income housing obligation has been satisfied with the completion of The Landings affordable apartments by Chelsea Investment Corporation (CIC). With the current economic climate and difficulty in obtaining financing, the master developer is proposing satisfaction of its moderate income obligation through the development of a second phase of low income housing, The Landings Phase II. Staff recommends providing a pre-commitment of $2,400,000 from its federal HOME Investment Partnership Program (HOME) funds to assist CIC in obtaining affordable housing fmancing. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the 4-1 J. February 3, 2009, Item~ Page 2 of 5 proposed project was adequately covered in previously adopted Final Second Tier Environmental Impact Report, EIR 01-02. Thus, no further CEQA review is necessary. The City's HOME funds will be the source of fmancial assistance. Therefore, as required by the HOME Program, the project must also be reviewed under NEP A. Funding of the loan will be conditioned upon the completion of all required review under NEP A> RECOMMENDATION The City Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION On January 28, 2009, the Housing Advisory Commission voted to recommend the development of The Landings II at Winding Walk as an affordable rental community and the conditional approval of HOME funds to assist in its financing. On August 1, 2005, the Design Review Committee (DRC) reviewed and approved the proposed site plans and architectural elevations for the 147 unit development. DISCUSSION Affordable Housin2: Obli2:ation Under the City's Balanced Communities Affordable Housing Program, the master developer of Otay Ranch Village 11 (aka Winding Walk) has an obligation to provide a total of 207 affordable units: 92 low income and 115 moderate income. The master developer identified Neighborhood R-19 to be developed with a total of 239 units to satisfy both the low and moderate income housing obligations. CIC was selected by the master developer to satisfy its obligation of 92 low income units. CIC has completed construction of a 92 unit affordable rental community, known as The Landings. It opened in November 2008. Pursuant to the existing Affordable Housing Agreement, the master developer was to satisfy the moderate income housing obligation through the development of a first time homebuyer project, with 115 as moderate income units and 32 as market rate/unrestricted units. The Agreement provides flexible language to allow lease/purchase of the units should there be difficulty in selling the units. Under the current economic climate, fmancing is limited and difficult to obtain for both construction of developments and individuals purchasing homes. With fmancing so difficult, a for-sale project is infeasible for moderate income households. Financing remains available for development of rental housing opportunities for lower income households. 4-2 , February 3,2009, Item 4 Page 3 of 5 The master developer is now proposing rental housing to satisfy the balance of their affordable housing obligation based upon the increasing difficulty in developing and implementing successful homeownership opportunities for moderate income households in Chula Vista and throughout the region. Given the success of The Landings, the master developer has selected CIC to pursue a second phase of The Landings which will provide additional rental housing for low income households on the remaining affordable site. Any necessary amendments to the existing Affordable Housing Regulatory Agreement will be brought back to City Council for approval at such time CIC is successful in obtaining all necessary financing for the rental dev~lopment. Financin2: a Rental Development Financing continues to be available for rental housing for lower-income households through the Low Income Housing Tax Credit Program and Tax Exempt Multi-Family Revenue Bonds. CIC is in the process of securing such financing for the project and is requesting consideration of financial assistance from the City. CIC has proposed Tax Exempt Multi-Family Revenue Bonds, Low Income Housing Tax Credit financing, and a permanent loan to support the majority of the estimated $46.7 million ($318,164 per unit) cost of constructing the project(Attachment 2). With rents restricted at very low and low income levels, the net operating income is insufficient to support a loan large enough to cover all the project costs. There remains a financing gap of approximately $14 million. It is proposed that the remaining financing gap will be met by a combination of deferred master developer land/contractor fees, deferred developer fee and City assistance. To close the financing gap, CIC has requested direct financial assistance of $4.4 million. The City's funds available for affordable housing primarily consist of HOME funds from the U.S. Department of Housing & Urban Development and Redevelopment Tax Increment Funds set-aside for low and moderate income housing. Redevelopment funds should generally be used to provide affordable housing opportUnities for households within the redevelopment project areas to meet the Agency's housing obligations within these areas. HOME funds are a source available for projects outside the redevelopment project areas. During such a difficult time to secure financing, staff is supportive of providing CIC's The Landings II with a pre-commitment of HOME funds. Due to time restrictions on HOME funds, the City is only able to identify $2.4 million available for this project. The leveraging of local dollars is necessary to obtain the critical bond/tax credit financing for the project. As proposed, the project would be able to leverage $18 in private investment 4-3 I February 3, 2009, Item~ Page 4 of5 for each $1 of our local resources. However, there remains a $2 million gap even with the City's participation. With an obligation to provide only 115 moderate income units, The Landings II will provide a surplus of 32 units. These surplus units could be used as a potential source of additional funding by making these surplus units available as "affordable housing credits". Other developers could provide financial assistance in exchange for the use of such credits to satisfy their respective affordable housing obligations. The Eastlake Company (Eastlake) recently entered into an agreement with the City to provide 25 additional low income affordable units asa result of a 494 residential unit increase from the 2006 SPA plan amendment. Since Eastlake no longer owns residential land to provide these affordable units, the agreement offers alternative options to provide off-site affordable units in eastern Chula Vista. Eastlake has expressed their willingness to provide the remaining $2 million financing gap for The Landings II in exchange for receiving the affordable housing credits towards their own obligation. The use of the credits would complete the financing necessary for The Landings II and provide Eastlake with a flexible option for meeting their obligations. Staff recommends that the City Council adopt a resolution conditionally approving fmancial assistance of $2,400,000 from the HOME Investment Partnership Program to Chelsea Investment Corporation for the development of the proposed Landings Phase II at Winding Walk. Financial assistance for the residential units will be subject to negotiation of satisfactory terms of the Regulatory Agreement and Loan Agreement and the approval of such terms and documents by the City once all other financing has been secured. Form of Assistance - HOME Funds Assistance will be in the form of a loan from the City's HOME funds and secured by a note and deed of trust recorded against the property. The principal and interest on the loan will" be amortized over fifty-five years and repaid fro~ cash surplus in annual installments. Terms of the loan will be further negotiated and all related loan documents will be presented to the City for approval at a later date. Due to the financing mechanisms CIC will be pursuing, the project will provide rents even lower than the moderate income level (110% of the Area Median Income) required by the City's Balanced Communities Affordable Housing Program. Units will be made affordable to very low (50% AMI) and low income (60% AMI) families. Income and rent restrictions will be maintained for a period of 55 years (Attachment 3). CONCLUSION As stated within the City's Housing Element, the more pressing need for the City's lower income population is for quality affordable rental housing and a more balanced and 4-4 February 3, 2009, Item 4 Page 5 o'f 5 varied housing stock is recommended for eastern Chula Vista. The proposal of 147 additional affordable rental units for low income households in the Winding Walk community of Otay Ranch meets both of these goals and provides a variety of benefits such as a preferred location to neighborhood services, amenities and employment centers, private funding opportunities, and long term affordability. At the request of the master developer, and following staffs review and analysis, staff recommends changing the project from for-sale affordable housing to an affordable rental community. Staff also recommends approval of the City resolution conditionally approving financial assistance, subject to future appropriation, in an amount not-to- exceed $2,400,000 from the City's HOME funds for the development and construction of units for lower income households within The Landings II at Winding Walk. 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 Approval of this resolution indicates an intention by the City to provide financial assistance for the development and construction of The Landings II to provide affordable rental housing opportunities within the Winding Walk Otay Ranch community, once all other necessary financing for the project is secured. The loan amount of $2,400,000 will be appropriated at the time of execution of the City Loan Agreement from the unappropriated balance in the HOME Program. Funds for staff support are budgeted in the personnel portion of the Housing Authority budget. ATTACHMENTS 1. Locator Map 2. Summary of Project Sources & Uses 3. Proposed Income & Rent Levels Prepared by: Amanda Mills, Redevelopment & Housing Manager, Development Services Department 4-5 ~_~iiI"-,,~~~~~~:_ --~ _~,_,~,...,.._~~~i'P;.".1 Locator Map The Landings II at Winding Walk Attachment 1 4-6 The landings I & II 2122 Burdoclc Way The Landings II at Winding Walk Attachment 2 Tax Credit Equity Tax Exempt Bonds-Permanent Loan Subordinate Bond Subtotal Subsidies City Loan Eastlake Co - AffHsg Credits Deferred Contractor Fee Deferred Developer Fee TOTAL Cost per Unit @ 147 Units) City/Agency Subsidy per Unit @ 11 Units - $16,332,000 $15,677,000 $1,000,000 $ 46,770,070 $ 33,009,000 $ $ 46,770,070 $2,400,000 $2,000,000 $7,300,000 $2,061,070 $ 46,770,070 $ 4-7 ~ ~~~".~_""_K_ _~ ~,--- 13,761,070 $ $ 318,164 218,182 ______~,."..,1,~~~g~ Attachment 3 The Landings II at Winding Walk PROPOSED INCOME & RENT LEVELS 3 Bd/2 Ba 3 Bd/2 Ba MGR Total Restricted 147 4-8 -.c'~~-~___~~_"''''',_.._~_,~~i~r~ ~__ I_~_""" _~- ~__~;~_1_:.fW'a'I RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALL Y APPROVING FINANCIAL ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION FROM THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM IN AN AMOUNT NOT - TO-EXCEED $2,400,000 TO CHELSEA INVESTMENT CORPORATION FOR THE DEVELOPMENT OF A 147 UNIT PROJECT FOR LOW INCOME HOUSEHOLDS, THE LANDINGS AT WINDING WALK-PHASE II, IN OT A Y RANCH VILLAGE ELEVEN WHEREAS, the City ofChula Vista is an entitlement/participating jurisdiction for the U.S. Department of Housing and Urban Development (HUD) funding programs and is awarded on an annual basis a formula grant from the HOME Investment Partnership Program (HOME); and WHEREAS, HOME funds are designed exclusively to create affordable housing opportunities for low income households through the construction, purchase, and/or rehabilitation of affordable housing for rent or homeownership or provide direct rental assistance to low income people; and WHEREAS, Chelsea Investment Corporation ("Developer") proposes to construct a 147 unit multifamily rental development, with units affordable to very low households at 50 percent of the Area Median Income (AMI) and to low households at 60 percent ofthe Area Median Income (AMI) within the Winding Walk master planned community on a vacant site (Loti of Map No. 15479) located east of Eastlake Parkway south of Birch Road and north of Crossroads Street in the City of Chula Vista ("Project"); and WHEREAS, Developer is applying for an allocation of Multifamily Housing Revenue Bonds from the California Debt Limit Allocation Committee (CDLAC); and WHEREAS, Developer is applying for four percent (4%) tax credits from the Tax Credit Allocation Committee (TCAC); and WHEREAS, additional financing is necessary in order to make the Project feasible; and WHEREAS, the provision of affordable housing units like the Project is consistent with and called for by the City's General Plan Housing Element and Consolidated Plan; and WHEREAS, the City wishes to provide Developer with a development loan of two million four hundred thousand dollars ($2,400,000) to assist with the financing gap for the construction of the residential units of the Project; and WHEREAS, the City's provision of funds to the residential use of the Project will directly improve the City's supply of very low and low income housing; and J:lAtlomeyIRESOLUTIONSIREDEVELOPMEN1\Landings 11 Financial_02.03.2009.doc 4 - 9 Resolution No. 2009- Page 2 WHEREAS, the City's Housing Advisory Commission did, on the 28th day of January, 2009, hold a public meeting to consider said request for financial assistance; and WHEREAS, the Housing Advisory Commission, upon hearing and considering all testimony, if any, of all persons desiring to be heard, and considering all factors relating to the request for financial assistance, has recommended to the City Council that the conditional financial assistance be approved because the Commission believes that the City's financial participation in the development of the Project will be a sound investment based upon Developer's ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element and the Consolidated Plan and the cost effectiveness of the City's financial assistance based upon the leveraging of such resources; and WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the proposed project has had adequate prior review and is in compliance with the previously adopted Final Second Tier Environmental Impact Report, EIR 01-02 and no further action by the City Council is necessary. NOW, THEREFORE, BE IT RESOLVED the City ofChula Vista does hereby conditionally approve financial assistance subject to future appropriation in an amount not-to-exceed $2,400,000 from the City's HOME funds to Developer for the construction of the Project subject to the City's approvals of an affordable housing and loan agreement which shall include, at a minimum, the following terms and conditions. Terms of the loan will be further negotiated and all related loan documents will be presented to the City Council at such time other necessary financing is secured. 1. The loan repayment will be secured by a Deed of Trust and Promissory note for the property on behalf of the City ofChula Vista and recorded against the Project property. 2. The principal and interest on the loan will be amortized over fifty-five years and repaid from cash surplus in annual installments. 3. Developer will be required to operate the Project consistent with the Regulatory Agreement required by the Project's tax credit and bond financing, the covenants imposed by the Agreement, and any other project requirements. 4. Developer shall enter into a loan agreement with the City consistent with the terms set forth above and with such other terms as shall be required or approved by the City Attorney. 5. The City assistance is based upon the assumptions presented within the sources and uses offunds, development budget, development proforma and other information filed with the Affordable Housing Review Application for the project as submitted and reviewed by the Development Services Department. The City assistance is a maximum level of participation. It is expected that any substantive revisions in such financing assumptions which would lead to an increase in other resources available, would therefore reduce the level of City assistance. J:lAtlomeyIRESOLUTlONSIREDEVELOPMEN1\Landings \I Financial_02-03-2009.doc 4 -1 0 -~~ Resolution No. 2009- Page 3 6. This conditional approval remains subject to final approval by the City in its sole discretion. Presented by Gary Halbert, P.E., AICP Deputy City Manager / Development Services Director J:lAllomeyIRESOLUTIONSIREDEVELOPMENTlLandings II FinanciaI_02.03.2009.doc 4 -1 1 _.r_-=-<_ CITY COUNCIL AGENDA STATEMENT ~ Uf:. CITY OF ~ (HUlA VISTA ITEM TITLE: r:=. Item No.: ;:) Meeting Date: 2/3/09 REPORT; REQUESTING COUNCIL AUTHORIZATION TO SUBMIT APPLICATIONS TO SANDAG FOR GRANT FUNDING FOR SIX PROJECTS UNDER THE TRANSNET SMART GROWTH INCENTIVE PROGRAM FOR FISCAL YEARS 2009 AND 2010 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE THIRD AVENUE STREETS CAPE MASTER PLAN IMPROVEMENTS, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM. GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PALOMAR STREET PEDESTRIAN IMPROVEMENTS FROM TIDRD A VENUE TO FOURTH AVENUE, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED. C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GRO"WTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INDUSTRIAL BL YD. PEDESTRIAN IMPROVEMENTS FROM NAPLES STREET TO PALOMAR STREET, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND 5-1 SUBMITTED BY: REVIEWED BY: ,-oJ Item No.:~ Meeting Date: 2-3-09 Page 2 of 9 STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE PALOMAR GATEWAY DISTRICT SPECIFIC PLAN, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE E STREET TRANSIT FOCUS AREA PRECISE PLAN AND IMPLEMENT A TION STRATEGY, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED F. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE EASTERN URBAN CENTER TRANSIT OPTIMIZATION STUDY, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED RECORDING REQUIRED? YES D NoxD DEPUTY CITY MANAGERJDEVELOPMENT SERVICES DIRECTORt9t CITY MANAGER~ 4/STHS VOTE: YES 0 NO IZl 5-2 Item No.:2 Meeting Date: 2-3-09 Page 3 of9 SUMMARY The San Diego Association of Governments (SANDAG) has announced. available capital improvement and planning project grant funding for Fiscal Years 2009 and 20 fO through its competitive TransNet Smart Growth Incentive Program. The call-for-projects and guidelines provide qualifying criteria, and the grant application deadline is February 6, 2009. Considering the criteria, staff proposes submitting a total of six grant applications; three for capital projects, and three for planning projects. Staff is seeking Council approval to submit the applications, which require supporting Resolutions. 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 6 categorical exemption pursuant to Section 153306 (Information Collection) of the State CEQA Guidelines. Thus, no further environmental review is necessary for submitting the grant applications. RECOMMENDATION That Council approve the Resolutions authorizing submittal of the grant applications to SANDAG. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Background Beginning in 2009, SANDAG's Smart Growth Incentive Program (SGIP) will award two percent of the annual TransNet funding (approximately $5 million in FY 2009) for the next 40 years to local governments through a recurring competitive grant program to fund transportation-related infrastructure improvements and planning activities that will help better coordinate transportation and land use in the San Diego region. This program was developed based on the SANDAG Pilot SGIP approved in 2005. Chula Vista was successful in receiving approximately $2 million under the initial pilot program for the Palomar Gateway street improvements. A contract for construction of those improvements was awarded in January 2009, The overall goal of the TransNet SGIP is to fund public infrastructure projects and planning activities that will support compact, mixed-use development focused around public transit, and increase housing and transportation choices. The projects funded under this program will serve as models for how infrastructure and planning can make smart growth an asset to communities in a variety of settings. Some of the key objectives citied in the application guidelines are that projects should: Be largely "ready to go" to serve as catalysts for smart growth development. Improve the public realm and encourage smart growth projects. Encourage multi-modal travel by means other than private autos. 5-3 Item No.:2 Meeting Date: 2-3-09 Page 4 of9 Support public transit usage, be located in areas served by transit, and improve access to transit Provide goo~ examples of smart growth in a variety of settings in the region. Current SGIP Program Overview The current call-for-projects supports two types of grant applications; capital projects and planning projects, and covers a 2-year cycle encompassing Fiscal Years 2009 and 2010. SGIP grants will be awarded on a competitive baSis, and only cities and the County are eligible to apply for and receive the funds. Local jurisdictions may partner with non-profits, community- based organizations and/or transit operators to jointly develop applications. There is approximately $9.7 million in SGIP funds available for the Fiscal Years 2009 -2010. Per the Guidelines, up to 20% of the funds are available for planning grants, and at least 80% is available for capital project grants. Capital project grants can range from $200,000 to $2,000,000 per project. Planning grants can range from $50,000 to $400,000 per project. Projects requesting grants must be located within one of the Smart Growth Opportunity Areas as designated on SANDAG's Smart Growth Concept Map. Applicants are welcome to submit multiple applications in either category, provided that the sum total of the grant requests does not exceed the total funds available for the grant cycle. Eligible capital projects can include pedestrian improvements, bicycle and transit facilities, and other innovative smart-growth-supporting infrastructure such as plazas, streetscape improvements, traffic calming, transit amenities, and pedestrian and bicycle paths and bridges among others. Capital grant funds can be used to pay for preliminary engineering (design and environmental), right-of-way acquisition, construction, and related project management. Construction contracts for capital. projects must be awarded within two years of the date of the grant agreement (June 2009), or by June 2011, and must be completed within 18 months following award of the construction contract (by January 2013). This provides a total window of 3.5 years from the time the grant is awarded to the time the construction must be complete. Eligible planning projects are those that undertake activities that facilitate smart growth such as through encouraging transit, pedestrian and bicycle trips, supporting a community's larger infill or revitalization efforts, improving internal mobility, and enhancing sense of place. Planning grant funds can be for professional services and project management associated with preparing new or updated specific plans or community plans, amendments to general or specific plans, or smaller-scale neighborhood planning activities such as precise plans, site plans, zone changes, traffic calming or mobility plans, feasibility studies or capital improvements, parking management plans, and form-based codes or design guidelines among others. Planning projects must start within one year of the grant award (June 2009), or by June 2010, and must be completed within two years of the grant award, effectively by June 2011. Overview of Proposed Grant Applications In thoroughly reviewing and considering the application guidelines and criteria noted above, along with our available resources, staff is proposing to submit a total of six SGIP applications; three for capital projects, and three for planning projects. Staffhas considered the work program implications of each project, and developed proposed project schedules that would allow 5-4 Item No.:~ Meeting Date: 2-3-09 Page 5 of 9 completion of the projects within the necessary timeframes should any or all of the grants be awarded. Staff has also verified the availability of any funds that have already been allocated to the projects, and which could be stated as "matching funds" under the SANDAG guidelines. This includes the value of any in-kind contribution of staff hours for management of the projects. Staff has been working with the public on several of the projects identified below, and the work associated with the grant applications includes continued public participation. Should the City be successful in obtaining grant funds, staff will outline more specifically the community input process as part of the report on acceptance of the grant funds. Given the extent of SANDAG's application package and the amount of detailed submittal requirements, following is a summary of each of the six project applications that will be submitted should Council authorize each. Staff continues to compile the associated document details and exhibits due to SANDAG by 4:00pm on Friday, February 6. Capital Grants- A. Third A venue Streetscape Master Plan Improvements - With the update of the General Plan in 2005 and the approval of the Urban Core Specific Plan in 2007, Chula Vista's older downtown core was identified as an urban center, with great emphasis placed on linking higher density housing and mixed uses around a new hierarchy of transportation modes; pedestrians, transit, bicyclists and cars. The Third A venue Village area is a key activity center and plays a key role in activating Chula Vistas Urban Core. One of the implementing projects identified in the UCSP is to prepare a streetscape enhancement plan for the Third A venue corridor between E and H Streets. Staff initiated work on the Third Avenue S~eetscape Master Plan (TASMP) in May of 2008 focusing on needs assessments, and in working with the community and the Third Avenue Village Assoc (T A V A) to design a master plan that satisfies community needs and Smart Growth precepts identified in the Urban Core Specific Plan. The T ASMP will provide detailed planning and identify capital improvements to the existing infrastructure system to enhance walk-ability, improve transit options, modify traffic circulation patterns to be more pedestrian friendly, and create a more vibrant urban center from E Street to H Street. Preparation of those plans is nearing completion and scheduled for presentation to Council in April. The next phase is to develop construction level plans and cost estimates, and to actually construct the improvements along Third Avenue. The improvements have been preliminarily estimated to cost approximately $3.1 million dollars. Partial funding necessary to complete this phase of the project has been identified. The Redevelopment Agency has issued $4.3 million in 2008 Tax Allocation Bonds of which $800,000 is available for construction costs of the Third Avenue Streetscape Master Plan. The City has also budgeted in the 2008 Capital Improvement Program (CIP No. STL349) a total of ' $270,000 for the study, and development of improvements along this segment of Third Avenue. Funding for the CIP includes $215,000 awarded to the City under the federal SAFETEA-LU grant program and $55,000 from the Transportation Development Impact Fees. The Grant monies being requested in the amount of $2,000,000 dollars will provide the needed funding to accomplish construction of the capital improvements. . 5-5 Item No.:~ Meeting Date: 2-3-09 Page 6 of9 B. Palomar Street Pedestrian Improvements This project is located on Palomar Street. between Third Avenue and Fourth Avenue within Smart Growth area CV 4, Third A venue and Palomar Street. Students attending Lauderbach Elementary School at Third Avenue and Palomar Street use this sidewalk frequently. Current conditions include concrete (PCC) sidewalk at the comer. However, between these comers there is an uneven, cracked asphalted concrete sidewalk that is blocked in several places by road signs. Due to these conditions, children often walk on top of retaining walls or in the street. During a community walking-audit of Lauderbach School, this area was listed as the community's top priority. Staff proposes to construct approximately 250 linear feet of monolithic curb, gutter and sidewalk and to relocate all road signs behind the sidewalk in City right-of-way. This will also provide better pedestrian access to local bus routes and the planned BRT Transit Station at Palomar Street and Third A venue. The estimated total cost for this facility is $172,000. The City is applying for a Smart Growth grant for $122,000, and is planning to provide $50,000 in matching in-kind services from TransNet funds already appropriated under CIP project STL336. C. Industrial Boulevard Pedestrian Improvements This project is located on Industrial Blvd. between Palomar Street and Naples Street within Smart Growth area CV3, Palomar Gateway. Currently there are no bike lanes on Industrial Blvd. and no sidewalk along the east side of the street. Staff proposes to construct approximately 1800 linear feet of bike lanes along both sides of the street, along with monolithic curb, gutter and sidewalk, drainage facilities and landscaping on the east side. This bike lane project is identified in the City's Bikeway Master Plan. These improvements will provide a bicycle and pedestrian link between Harborside School and the existing mobile home park at Naples Street and the Trolley Station and commercial facilities at Palomar Street. The estimated total cost for this facility is $429,200. The City is applying for a Smart Growth grant for $283,900, and is planning to provide $145,300 in matching funds. Staff has previously applied for a Bicycle Transportation Account (BTA) grant in November 2008 to construct bike lanes along Industrial Blvd. between Palomar Street and L Street. If we obtain the BT A grant, approximately $130,800 of matching funds would be replaced by BTA funds. Planning Grants - D. Palomar Gateway Specific Plan The 2005 General Plan Update designated a high-intensity, mixed-use Transit Focus Area around the Palomar Trolley Station area, and called for the preparation of a subsequent, comprehensive Specific Plan. The proposed grant application seeks a total of $400,000 to fund preparation of the Palomar Gateway District Specific Plan (PGDSP), along with related technical studies and an Environmental Impact Report that will tier from the General Plan EIR. Gfthe requested $400,000, $225,000 is for production of the Specific Plan, and $175,000 for the ElR. Staff already received funding from the RDA in the current Fiscal Year to conduct initial public Design Workshops in the southwest area, 5-6 Item No.: 6 Meeting Date: 2-3-09 Page 7 of9 including one for the Palomar Gateway area. The information from that workshop will be useful in developing the PGDSP. The PGDSP will guide the coordinated establishment of a mixed-use transit focus area, within walkable distance of the Palomar Trolley Station, and encourage transit use. The PGDSP will include guidelines and zoning-level standards for the arrangement of land uses that include plans for adequate pedestrian connections and support services for residents, as well as those using the transit station. It will also build upon the previous approximately $2 million SANDAG grant in 2005 for adjacent street improvements for both Palomar and Industrial Blvd. The PGSP will also include guidelines for the design and implementation of a Neighborhood Park within the District. Other elements of the PGDSP will include a multi-modal mobility plan (pedestrian, bicycle, vehicular), infrastructure/sustainability plan, design guidelines, phasing plan, financing plan, air quality improvement plan, affordable housing plan, and implementation plan. Additional associated efforts include the preparation of technical studies such as water, sewer, traffic, drainage, health risk assessment, fiscal analysis, public facilities financing plan, and environmental initial study. E. E Street Transit Focus Area Precise Plan and Implementation Strategv Through the 2005 General Plan and the Urban Core Specific Plan (UCSP) adopted in 2007, the Transit Focus Area around the E Street trolley station was designated as one of the highest intensity mixed use areas within western Chula Vista. It is also designated to serve as one of the major gateways to the ~ity. Together, the City's ownership of the former Corporation Yard site, and MTS' s ownership of the transit station site comprises most of the land within the area, and presents a unique opportunity to comprehensively plan and promote successful smart growth redevelopment of the TF A. While the UCSP provides overall zoning and design guidelines, the site circulation and infrastructure context including future improvements to the 1-5 corridor and trolley grade separation, present unique localized circumstances that require more detailed planning and design coordination. Accommodating the intensity and mix of uses, appropriate relationships to a redesigned/re-sited transit station, and the orderly arrangement of taller building forms within the site also requires coordinated strategies. Given market conditions, evaluation is also needed to help the City and MTS determine how best to position property interests and .redevelopment efforts-in identifying. a program that will lead to successful realization of the envisioned vibrant, smart growth urban redevelopment of the area. The proposed grant request seeks $155,000 for professional services to assist the City in . preparing an E Street Transit Focus Area Precise Plan and Implementation Strategy (PPIS). The PPIS will have two primary components; (1) preparation of an Opportunities and Constraints Analysis of all physical and financial aspects of the area with regard to how best to realistically achieve the goals and objectives of the General Plan Update and UCSP for the E Street TF A, and (2) a Design and Phasing Plan for the site that will reflect the opportunities and constraints that have been identified through technical studies, public input, and contextual analysis of the project area, including the 1-5 5-7 Item No.:3- Meeting Date: 2-3-09 Page 8 of9 Corridor Study that is now underway with SANDAG and Caltrans. The Plan will include a comprehensive land use and circulation design framework for site development, and include a phasing strategy that would enable initial phases of site development to occur in the near future, prior to grade separation and other significant traffic related improvements. The Plan will provide the framework for orderly development of the overall site so that initial phases of development will not limit or constrain subsequent development phases, and the project will be developed as a unified whole incorporating outstanding design and planning principles. The City would partner with key. landowners in the area in the creation of the framework plan and review of all required environmental and financial studies. Close coordination with Caltrans, SANDAG, MTS is intended and will be imperative to the success of the project. F. Eastern Urban Center (EUC) Transit Optimization Study Per the adopted General Plan and Otay Ranch General Development Plan, the EVC is envisioned and specifically described as the high density urban downtown for the Otay Ranch and eastern Chula Vista. Staff has been working with McMillin Communities over the past year in preparation. and review of the SPA Plan for the EUC, which is currently scheduled for public hearing consideration by Council this summer. The plan embraces smart growth and sustainability by providing a dense, mixed-use urban environment, with a fine grain, walkable grid system of streets. A key feature of the current plan is its commitment to transit, both at a regional and local serving level. Prior planning efforts of McMillin, Chula Vista, and SANDAG have identified an alignment for the South Bay Bus Rapid Transit line through the site. Chula Vista Transit is also expected to have routes serving the EUC but the actual routes and transit stop locations remain to be determined at a future time through the efforts ofMTS. Other important features that could substantially increase the integration of transit into this major urban development project have also not been identified, and extend beyond the scope of the SPA planning process. The EUC represents a unique opportunity for Chula Vista and regional and local transit providers to work with the developer to evaluate and prepare more specific plans and designs to realize the full potential of transit integration into the community. Importantly this is also an opportune time in the overall EUC planning process for the initiation of such a detailed transit planning effort. The proposed grant requests $116,000 that would be used to contract expert transit planning resources to assist the City to prepare a Transit Optimization Study. The Study would perform further analysis to identify, evaluate, and detail those additional measures that will ensure that there is optimum integration of transit into the project. Such measures include the coordination of internal transit routes and stations, loop shuttle services, specific design elements, and application of the latest in transit-compatible technologies to maximize the efficiency and use of the system. We would also work with the transit providers to document their design and operational standards, such as stop spacing, scheduling parameters, ticketing, arrival/departure information, and prepare conceptual design studies. Those studies would address design of adjacent uses and strateg~es identified to coordinate the various land uses and design elements in areas directly adjacent to the stations to maximize the perceived image and functionality of transit. The study would also identify strategies that can be implemented through a 5-8 Item No.:~ Meeting Date: 2-3-09 Page 9 of9 Transportation and Parking Management Plan or other means to encourage employers to maximize the use of transit by their employees. The Transit Optimization Study would become a key reference point for the upcoming detailed urban design and individual project design phases. DECISION MAKER CONFLICT Conflict Staffhas reviewed the property holdings of the City Council and has found a conflict, in that Council member Casteneda has property holdings within 500 feet of the boundary of the property that is the subject ofItem A (Third Avenue Streetscape Master Plan) ofthis action. Conflict but Exception Staff has reviewed the property holdings of the City Council and has found that Council member Ramirez has property holdings within 500 feet of the boundaries of the property that is the subject of Item D (Palomar Gateway District Specific Plan) of this action. Although this could create a conflict for the Council member, pursuant to California Code of Regulations Section 18704.2 no conflict exists. FISCAL IMPACT There is no impact to the General Fund from this action. Any funds identified as matching funds in the grant applications have already been budgeted through prior efforts, or obtained through prior grants or other sources. Identified in-kind contributions of staff time needed to manage the projects should any grant be awarded are from staff positions within the approved City budget. If any of the grants are awarded, staff will return to Council with a recommendation to accept the funds, and to accordingly appropriate those funds into the Fiscal Year 2009-2010 budget. Any consulting contracts to be awarded using grant funds would also be returned for Council review and approval. ATTACHMENTS 1. SANDAG Smart Growth Concept Map for Chula Vista 2. Location map of grant application areas Prepared by: Ed Batchelder, Advance Planning Manager, Development Services Dept. J:\PlanningIED\SANDAG\SGIP Council Packet Finals\SGIP grantfinal al13.doc 5-9 .;2/ eo/'oO(12ev l sed "( OYlHL-ct II 14ern S Item No.: .5 Meeting Date: 2-3-09 Page 9 of9 Transportation and Parking Management Plan or other means to encourage employers to maximize the use of transit by their employees. The Transit Optimization Study would become a key reference point for the upcoming detailed urban design and individual project design phases. DECISION MAKER CONFLICT Conflict Staff has reviewed the property holdings of the City Council and has found conflicts, in that Council member Casteneda has property holdings within 500 feet of the boundary of the property that is the subject of Item A (Third Avenue Streetscape Master Plan), and that Council member Ramirez has property holdings within 500 feet of the boundaries of the property that is the subject of Item D (Palomar Gateway District Specific Plan). FISCAL IMPACT There is no impact to the General Fund from this action. Any funds identified as matching funds in the grant applications have already been budgeted through prior efforts, or obtained through prior grants or other sources. Identified in-kind contributions of staff time needed to manage the projects should any grant be awarded are from staff positions within the approved City budget. If any of the grants are awarded, staff will return to Council with a recommendation to accept the funds, and to accordingly appropriate those funds into the Fiscal Year 2009-2010 budget. Any consulting contracts to be awarded using grant funds would also be returned for Council review and approval. ATTACHMENTS 1. SANDAG Smart Growth Concept Map for Chula Vista 2. Location map of grant application areas Prepared by: Ed Batchelder, Advance Planning Manager, Development Services Dept. J'IPlanningIEDISANDAGISGIP Council Packet FinalslSGIP grant final al13.doc ~Jft.. ~~ ~ - em Of CHULA VISfA Proposed SANDAG Smart Growth Improvement Program Grant Application Projects Locator Map Attachment 2 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE THIRD AVENUE STREETS CAPE MASTER PLAN ThifPROVEMENTS, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED WHEREAS, the San Diego Association of Governments (SANDAG) has released a call-for- projects for competitive grant funding through its. TransNet Smart Growth Incentive Program (SGIP) for Fiscal Years 2009 and 2010, with an application deadline of February 6, 2009; and WHEREAS, a total of approximately $9.7 million in SGIP funds are available to local jurisdictions in Fiscal Years 2009 and 2010 to fund both capital projects and planning projects; and, WHEREAS, in accordance with the SGIP application guidelines published by SANDAG, the City of Chula Vista has prepared a capital grant application requesting $2,000,000 in SGIP funds for the Third Avenue Streetscape Master Plan Improvements; and, WHEREAS, the City of Chula Vista confirms that any local matching funds identified in the grant application will be available and provided should the requested SGIP grant be awarded; and, WHEREAS, the City of Chula Vista is committed to completing the project identified in the grant application should the SGIP grant be awarded; and, WHEREAS, the City of Chula Vista understands that the SGIP funding is fixed at the programmed amount, and that any cost increases in the project beyond the costs identified in the application cannot be expected to be funded through the SGIP program; and, WHEREAS, the City of Chula Vista understands that funding through the SGIP program shall not be used to replace other private developer funding that has been or will be committed to the proj ect; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista hereby authorizes the submittal of the SGIP grant application to SANDAG requesting $2,000,000 for the Third Avenue Streetscape Master Plan Improvements project. J:lAltomcyIRESOLUTIONS\GRANTSISGIP TASMP final co rcso_02.Q3009.doc 5-12 Resolution No. 2009- Page 2 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to SANDAG along with the required grant application package. Presented by Gary Halbert, P .E., AICP Deputy City Manager / Development Services Director J:lAllomeylRESOLUTIONS\GRANTSlSGIP TASMP final cc ~_02-OJ-09.doc 5-13 a C. Miesfeld City Attorney RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PALOMAR STREET PEDESTRIAN IMPROVEMENTS FROM THIRD AVENUE TO FOURTH AVENUE, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED WHEREAS, the San Diego Association of Governments (SANDAG) has released a call-for- projects for competitive grant funding through its TransNet Smart Growth Incentive Program (SGIP) for Fiscal Years 2009 and 2010, with an application deadline of February 6, 2009; and WHEREAS, a total of approximately $9.7 million in SGIP funds are available to local jurisdictions in Fiscal Years 2009 and 2010 to fund both capital projects and planning projects; and, WHEREAS, in accordance with the SGIP application guidelines published by SANDAG, the City ofChula Vista has prepared a capital grant application requesting $122,000 in SGIP funds for Palomar Street Pedestrian Improvements from Third Avenue to F ourth Avenue; and, WHEREAS, the City of Chula Vista confirms that any local matching funds identified in the grant application will be available and provided should the requested SGIP grant be awarded; and, WHEREAS, the City of Chula Vista is committed to completing the project identified in the grant application should the SGIP grant be awarded; and, WHEREAS, the City of Chula Vista understands that the SGIP funding is fIxed at the programmed amount, and that any cost increases in the project beyond the costs identifIed in the application cannot be expected to be funded through the SGIP program; and, WHEREAS, the City of Chula Vista understands that funding through the SGIP program shall not be used to replace other private developer funding that has been or will be committed to the project; NOW THEREFORE BE IT RESOL YED that the City Council of the City of Chula Vista hereby authorizes the submittal of the SGIP grant application to SANDAG requesting $122,000 for the Palomar Street Pedestrian Improvements from Third Avenue to Fourth Avenue project. J:\AtlomcyIRESOLUTION5IGRANTSlSGlP Palomar 51 final cc ~_02-03.Q9.doc 5-14 Resolution 2009- Page 2 BE IT FURTHER RESOL YED that a copy of this Resolution be transmitted to SANDAG along with the required grant application package. Presented by .--.. Gary Halbert, P .E., AICP Deputy City Manager / Development Services Director I:lAttomeyIRESOLUTIONS\GRANTS\SGIP Palomar SI fimil cc l'CSO_02-03.09.doc 5-15 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INDUSTRIAL BL YD. PEDESTRIAN IMPROVEMENTS FROM NAPLES STREET TO PALOMAR STREET, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED WHEREAS, the San Diego Association of Governments (SANDAG) has released a call-for- projects for competitive grant funding through its TransNet Smart Growth Incentive Program (SGIP) for Fiscal Years 2009 and 2010, with an application deadline of February 6,2009; and WHEREAS, a total of approximately $9.7 million in SGIP funds are available to local jurisdictions in Fiscal Years 2009 and 2010 to fund both capital projects and planning projects; and, WHEREAS, in accordance with the SGIP application guidelines published by SANDAG, the City of Chula Vista has prepared a capital grant application requesting $283,900 in SGIP funds for Industrial Blvd. Pedestrian Improvements from Naples Street to Palomar Street; and, WHEREAS, the City of Chula Vista confIrms that any local matching funds identifIed in the grant application will be available and provided should the requested SGIP grant be awarded; and, WHEREAS, the City of Chula Vista is committed to completing the project identifIed in the grant application should the SGIP grant be awarded; and, WHEREAS, the City of Chula Vista understands that the SGIP funding is fIxed at the programmed amount, and that any cost increases in the project beyond the costs identifIed in the application cannot be expected to be funded through the SGIP program; and, WHEREAS, the City of Chula Vista understands that funding through the SGIP program shall not be used to replace other private developer funding that has been or will be committed to the project; NOW THEREFORE BE IT RESOL YED that the City Council of the City of Chula Vista hereby authorizes the submittal of the SGIP grant application to SANDAG requesting $283,900 for the Industrial Blvd. Pedestrian Improvements from Naples Street to Palomar Street project. J:lAttomcyIRESOLUTIONS\GRANTSlSGIP Industrial Blvd final cc n:so_02"()3"()9.doc 5 -1 6 Resolution 2009- Page 2 BE IT FURTHER RESOL YED that a copy of this Resolution be transmitted to SANDAG along with the required grant application package. Presented by Gary Halbert, P.E., AICP Deputy City Manager / Development Services Director J:\AttomeylRESOLUTIONSIGRANTS\SGlP Industrial Blvd final cc l"CSO_02-03-Q9.doc 5-17 2 RESOLUTION NO. 2009. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTNE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE PALOMAR GATEWAY DISTRICT SPECIFIC PLAN, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD.GRANT FUNDING BE A WARDED WHEREAS, the San Diego Association of Governments (SANDAG) has released a call-for. projects for competitive grant funding through its TransNet Smart Growth Incentive Program (SGIP) for Fiscal Years 2009 and 2010, with an application deadline of February 6,2009; and WHEREAS, a total of approximately $9.7 million in SGIP funds are available to local jurisdictions in Fiscal Years 2009 and 2010 to fund both capital projects and planning projects; and, WHEREAS, in accordance with the SGIP application guidelines published by SANDAG, the City of Chula Vista has prepared a planning grant application requesting $400,000 in SGIP funds for the Palomar Gateway District Specific Plan; and, WHEREAS, the City of Chula Vista confirms that any local matching funds identified in the grant application will be available and provided should the requested SGIP grant be awarded; and, WHEREAS, the City of Chula Vista is committed to completing the project identified in the grant application should the SGIP grant be awarded; and, WHEREAS, the City of Chula Vista understands that the SGIP funding is fixed at the programmed amount, and that any. cost increases in the project beyond the costs identified in the application cannot be expected to be funded through the SGIP program; and, WHEREAS, the City of Chula Vista understands that funding through the SGIP program shall not be used to replace other private developer funding that has been or will be committed to the. proj ect; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista hereby authorizes the submittal of the SGIP grant application to SANDAG requesting $400,000 for the Palomar Gateway Specific Plan project. I:\AttomeyIRESOLUTIONs\GRANTS'SGIP Palomar Gateway SP final cc reso_02.03-09.dS -1 8 Resolution 2009- Page 2 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to SANDAG along with the required grant application package. Presented by Gary Halbert, P .E., AICP Deputy City Manager / Development Services Director J:lAllorneyIRESOLUTIONSIGRANTS\SGIP Palomar Gateway SP R.a' a: reso_Ol..oJ-09.doc . 5-19 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE E STREET TRANSIT FOCUS AREA PRECISE PLAN AND IMPLEMENTATION STRATEGY, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED WHEREAS, the San Diego Association of Governments (SANDAG) has released a call-for- projects for competitive grant funding through its TransNet Smart Growth Incentive Program (SGIP) for Fiscal Years 2009 and 2010, with an application deadline of February 6,2009; and WHEREAS, a total of approximately $9.7 million in SGIP funds are available to local jurisdictions in Fiscal Years 2009 and 2010 to fund both capital projects and planning projects; and, WHEREAS, in accordance with the SGIP application guidelines published by SANDAG, the qty ofChula Vista has prepared a planning grant application requesting $155,000 in SGIP funds for the E Street Transit Focus Area Precise Plan and Implementation Strategy; and, ~' WHEREAS, the City of Chula Vista confirms that any local matching funds identified in the grant application will be available and provided should the requested SGIP grant be awarded; and, WHEREAS, the City ofChu1a Vista is committed to completing the project identified in the grant application should the SGIP grant be awarded; and, WHEREAS, the City of Chula Vista understands that the SGIP funding is fixed at the programmed amount, and that any cost increases in the project beyond the costs identified in the application cannot be expected to be funded through the SGIP program; and, WHEREAS, the City of Chula Vista understands that funding through the SGIP program shall not be used to replace other private developer funding that has been or will be committed to the project; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista hereby authorizes the submittal of the SGIP grant application to SANDAG requesting $155,000 for the E Street Transit Focus Area Precise Plan and Implementation Strategy project. l:\AttorncylRESOLUTlONS\GRANTS'SGlP E 51 TFA final cc resG_02-03-09.doc 5-20 Resolution 2009- Page 2 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to SANDAG along with the required grant application package. Presented by Gary Halbert, P.E., AICP Deputy City Manager / Development Services Director J:lAtlomcylRESOLUTrONSIGRANTSISGIP E Sl TFA final cc teSO_02-OJ-09.doc 5-21 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE EASTERN URBAN CENTER TRANSIT OPTIMIZATION STUDY, CONFIRMING IDENTIFIED LOCAL MATCH FUNDS FOR THE PROJECT, AND STATING THE CITY'S ASSURANCE TO COMPLETE THE PROJECT SHOULD GRANT FUNDING BE AWARDED WHEREAS, the San Diego Association of Governments (SANDAG) has released a call-for- projects for competitive grant funding through its TransNet Smart Growth Incentive Program (SGIP) for Fiscal Years 2009 and 2010, with an application deadline of February 6, 2009; and WHEREAS, a total of approximately $9.7 million in SGIP funds are available to local jurisdictions in Fiscal Years 2009 and 2010 to fund both capital projects and planning projects; and, WHEREAS, in accordance with the SGIP application guidelines published by SANDAG, the City of Chula Vista has prepared a planning grant application requesting $116,000 in SGIP funds for the Eastern Urban Center Transit Optimization Study; and, WHEREAS, the City of Chula Vista confIrms that any local matching funds identifIed in the grant application will be available and provided should the requested SGIP grant be awarded; and, WHEREAS, the City ofChula Vista is committed to completing the project identifIed in the grant application should the SGIP grant be awarded; and, WHEREAS, the City of Chula Vista understands that the SGIP funding is fIxed at the programmed amount, and that any cost increases in the project beyond the costs identifIed in the application cannot be expected to be funded through the SGIP program; and, . WHEREAS, the City of Chula Vista understands that funding through the SGIP program shall not be used to replace other private developer funding that has been or will be committed to the project; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista hereby authorizes the submittal of the SGIP grant application to SANDAG requesting $116,000 for the Eastern Urban Center Transit Optimization Study project. J:lAtlomcyIRESOLUTIONS\GRANTSISGIP Eve final cc l'CSO_02-03-09.doc 5-22 Resolution Page 2 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to SANDAG along with the required grant application package. Presented by Gary Halbert, P.E., AICP Deputy City Manager / Development Services Director J:lAttomcylRESOLUTlONS\GRANTSlSGII' EUC final cc reso_02-<lJ.09.doc 5-23 CITY COUNCIL AGENDA STATEMENT ~ ~.'f::. CITY OF ~ CHUlA VISTA 2/03/09, Item~ ITEM TITLE: PUBLIC HEARING ON INTENTION TO FORM ASSESSMENT DISTRICT 2008-1 (GLENHA VEN WAY). RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2008-01 (GLENHAVEN WAY), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, ANDTHE CONSTRUCTION OF IMPROVEMENTS.RELA TED THERETO DIRECTOR OF PUBLIC WORKS .. . CITY MANAGE ) 4/STHS VOTE: YES D NO ~ SUBMITTED BY: REVIEWED BY: SUMMARY On December 16,.2008 the City Council adopted Resolution No. 2008-291 approving the Engineer's Report for the proposed Assessment District AD 2008-01 along Glenhaven Way. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. 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 l5378(b)(4) of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION 1. Hold the public hearing, receive testimony, and close the public hearing; 2. Tabulate the results of the Assessment Ballot procedure; and 3. Approve the resolution making findings at the public hearing pursuant to Chapter 27 of the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"), taking the actions identified in the 6-1 2/03/09, Iteun~ Page 2 of 3 resolution, including ordering the establishment and formation of the District and the construction of improvements therein. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The area being proposed for the Glenhaven Way Assessment District consists of Glenhaven Way from First Avenue to the west end of street, continuing into Elm A venue and then Amy Street to its western terminus. These are residential streets with an 80-foot wide right-of-way and are located within the Castle Park area of the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Existing improvements within the proposed Assessment District generally consist of deteriorating asphalt streets with little or no other street improvements. There are no existing curb, gutter or sidewalk improvements on these streets. On December 9, 2008 the City Council accepted a petition signed by the owners of27 of the 37 properties located within the proposed district area. The Council also directed the City Engineer to prepare the required Engineer's Report for the proposed Assessment District. On December 16,2008 the City Council adopted Resolution No. 2008-291 approving the Engineer's Report for the proposed Assessment District AD 2008-01 along Glenhaven Way. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. On December 19, 2008 ballots were mailed to all residents within the approved Assessment District boundary. This meets the 45-day requirement for notice of this hearing. All ballots that have since been completed and returned to the City Clerk, as well as any submitted prior to the close to this public hearing are to be considered when forming this Assessment District. At this hearing, all included property owners may present objections to the proposed work in accordance with Section 5132 of the California Streets and Highways Code and show cause why the proposed work should not be carried out in accordance with the Resolution of Intention (Resolution No. 2008-278) adopted on December 9, 2008. Additionally, by completing their assessment ballots, the property owners will have the right to specify their support or opposition to the levy of assessments to finance the construction of the driveway aprons. The property owners have the option of revising their assessment ballots until the end of this public hearing. These assessment ballots will include the maximum principle amount that each owner is required to pay. If the majority of ballots cast approve the levy of these assessments, the City Council may then order the formation of the Assessment District and the construction of the improvements. If the majority of ballots cast prior to the close of this hearing are in favor of the assessment, Council is asked to make the following findings: 1. That this Public Hearing was properly noticed. 2. That Assessment Ballots including the Notice of Public Hearing were provided to all owners within the approved Assessment District Boundary on December 19, 2008. 3. That the Public Hearing was held at the time and place identified in the Notice. 4. That all interested parties had the opportunity to heard. 6-2 2/03/09, Item~ Page 3 of 3 5. That the Council has considered all objections or protests. 6. That following the conclusion of the Public Hearing the ballots were counted by an impartial individual. The Council may then receive and approve the Certificate of the Election Official and Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official; approve the new assessments and apportionment according to the reports submitted; and order the establishment and formation of the assessment district and construction of the improvements related thereto. 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 that is the subject of this action. FISCAL IMPACT There is no impact to the General Fund. Staff will return to Council to appropriate additional funds to the project for construction at time of award. A TT ACHMENTS 1. Area Map Prepared by: Rick Ryals. Real Property Manager, Engineering Dept. 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MA GBUHA T DA TE: SHEET 7-28-08 OF 12/10/2008 OJ:04:4J PM PST RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2008-01 (GLENHAVEN WAY), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO WHEREAS, residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First Avenue are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 37 residents of this neighborhood requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of these improvements; and WHEREAS, on December 16, 2008, the City Council adopted Resolution No. 2008-291 approving the Engineer's Report for the proposed Assessment District AD 2008-01 along Glenhaven Way, set the time and place for a public hearing and ordered the initiation of assessment balloting proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista finds as follows: . 1. That the Public Hearing for the formation of the Assessment District 2008-01 was properly noticed. 2. That Assessment Ballots including the Notice of Public Hearing were provided to all owners within the approved Assessment District Boundary on December 19, 2008. 3. That the Public Hearing was held at the time and place identified in the Notice. 4. That all interested parties had the opportunity to heard. 5. That the Council has considered all objections or protests. 6. That following the conclusion of the Public Hearing, the ballots were counted by an impartial individual. C:\Oocuments and Seuings\Florence\Local Settings\Temporary Intemet Files\OLK8D\Glenhaven Oistriict fonnation (2).doc 6-5 Resolution No. 2009- Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista as follows: 1. That the Council hereby receives and approves the Certificate of the Election Official and Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official, identifying the number of votes submitted for and/or against the establishment of the assessment district and properties upon which such assessments shall be placed. A copy of said Certificate and Statement is attached hereto, marked as Exhibit "A" and by this reference, incorporated herein. 2. That the Council approves the new assessments and apportionment according to the reports submitted. 3. That the Council orders the formation and establishment of Assessment District AD 2008-0 I along Glenhaven Way. 4. That the Council orders the construction of improvements related thereto. 5. That the Council orders the new assessment role to be recorded with the County Recorder. 6. That the City Clerk is hereby direct.ed to enter in the minutes the results of the election as set forth in said Statement of Votes Cast. Presented by Richard A. Hopkins Director of Engineering C:\Documents and Settings\Florence\Local Settings\Temporary Intemet FileS\OLK8D\Glen'bv~ ~5triiC[ formation (2).doc j::VH1BfY it ....,../':,I,l.,,,I~,.....,;r~Jog..,, CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST ST ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VIST A, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY, that at the conclusion of the public hearing upon the proposed assessment in accordance with the provisions of subdivision (d) of Section 53753 of the Government Code, I, an impart,ial individual, did tabulate the ballots submitted and not withdrawn, in accordance with the provisions of subdivision (e) of Section 53753 of the Government Code at the hearing on CITY OF CHULA VISTA GLENHA VEN ASSESSMENT DISTRICT NO. 2008-01 in said City, held February 3rd, 2009. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast for the formation and establishment of said district and the imposition of assessments on the properties therein and the totals therefore as shown below are full, true, and correct. VOTES CAST YES NO WITNESS of my hand and Official Seal this 3rd day of February 2009 Donna R. Norris, CMC CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA J:\ellgineer\aGENDA\CERTIFICA TE OF ELECTION OFFICIAL.doc 6-7 ~";';~.....~~-;,......",; ~-~,;,.,.~