Loading...
HomeMy WebLinkAbout2009/05/05 Agenda Packet`/~b ~~~ CfIY OF CHULA VISTA Cheryl Cox, Mayor Rudy Ramirez, Councilmember )amen D. Sandoval, City Manager john McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember. May 5, 2009 4:00 P.M. CALL TO ORDER Council Chambers City Hall 276 Fourth Avenue ROLL CALL: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY • RECOGNITION OF EMPLOYEE OF THE MONTH, IN MEMORY OF JAY HARRIS, PROCUREMENT SPECIALIST, BY MARIA KACHADOORIAN, FINANCE DIRECTOR • PRESENTATION BY MARK WATTON, GENERAL MANAGER OF OTAY WATER DISTRICT, AND JAMES SMYTH, OPERATIONS MANAGER OF SWEETWATER AUTHORITY, ON LOCAL WATER SUPPLY AND RATES • PRESENTATION OF A PROCLAMATION TO POLICE CHIEF RICHARD P. EMERSON, BY MAYOR COX PROCLAIMING MAY 6, 2009 AS LAW ENFORCEMENT OFFICERS' MEMORIAL DAY IN THE CITY OF CHULA VISTA • PRESENTATION OF A PROCLAMATION TO BUCK MARTIN, RECREATION DIRECTOR, BY MAYOR COX DECLARING MAY 2009 AS DROWNING PREVENTION MONTH ., • PRESENTATION OF A PROCLAMATION. TO STEVE FIALKO, EXALTED RULER, AND GARRY HUIVIlVIEL, TRUSTEE, CHULA VISTA ELKS LODGE #2011, BY MAYOR COX PROCLAIMING THE WEEK OF MAY 1 THROUGH MAY 7, 2009, AS YOUTH WEEK IN CHULA VISTA. CONSENT CALENDAR (Items 1-4) 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. 1. APPROVAL OF MINUTES of January 8, 2009. Staff recommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LEASE WITH MMV GRAVEL OVER A PORTION OF CITY OWNED PROPERTY LOCATED AT 707 F STREET The City has been approached by MMV Gravel Company, a local firm, about leasing a portion of City-owned property to store and mix gravel and sand as a part of their concrete aggregate business. This small area of an unused City asset offers an opportunity to both generate revenue and eliminate a storm water issue. (Public Works Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING AND ADOPTING A CERTIFIED LIST OF APPROVED DESIGN- BUILD FIRMS TO PROVIDE DESIGN/BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECTS CITYWIDE In October 2002, the Council approved a certified list of design-build firms for the construction of fire facilities, and in June 2003, the Council approved a certified list of design-build firms for the construction of public facilities (excluding fire facilities). Both lists were for a duration of five years and have since expired. As infrastructure facilities are continuously needed, proposals were sought from qualified firms to establish anew certified list of design-build firms. (Public Works Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2009/2010 ANNiJAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION WITH EACH SUB-RECIPIENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HUD GRANT Page 2 -Council Agenda http://www.chulavistaca.gov May 5, 2009 As a Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the Home Investment Partnerships Act Program (HOME). The funds are distributed among local non-profits, housing developers and City departments to provide decent housing, economic opportunities and a suitable living environment for low and moderate income persons. On March 24, 2009, the City Council held a Public Hearing on 2009-2010 CDBG, HOME and ESG funding recommendations. This item will approve the final Action Plan which contains the spending plan. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council 's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff.. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 5. CONSIDERATION . OF REZONING A PARCEL LOCATED AT 440 FOURTH AVENUE The applicant proposes to change the property from aMulti-Family Residential (R3) to a Commercial Office (CO) zone. (Development Services Department) Staff recommendation: Council hold first reading of the following ordinance: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE ONE .17 ACRE PARCEL LOCATED AT 440 FOURTH AVENUE FROM R3 (MULTI- FAMILY RESIDENTIAL) TO CO (COMMERCIAL OFFICE) (FIRST READING) 6. CONSIDERATION OF AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN Adoption of the resolution amends the 2008/2009 Annual Action Plan to include American. Recovery and Reinvestment Act (ARRA) of 2009 funds received by the City of Chula Vista for Homeless Prevention and Rapid Re-housing, and authorizes the submittal of the City's amendment to 2008/2009 Action Plan to the Department of Housing and Urban Development to include the ARRA Homeless Prevention and Rapid Re-Housing program funds. (Deputy City Manager/Development Services Director) Page 3 -Council Agenda htty://www.chulavistaca. ov May 5, 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE .FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN TO ALLOCATE $819,738 OF HOMELESS PREVENTION FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO OBTAIN THE HOUSING AND URBAN DEVELOPMENT GRANT FUNDS Staff recommendation: Council adopt the resolution. OTHER BUSINESS 7. CITY MANAGER' S REPORTS 8. MAYOR' S REPORTS Ratification of the appointment of Cynthia Berndt to the Cultural Arts Commission 9. COUNCILMEMBERS' COMMENTS ADJOURNMENT to the Regular Meeting of May 12, 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. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 4 -Council Agenda http://www.chulavistaca.gov May 5, 2009 I declare under penalty of perjury that I am employed by the City of Chula Vista in the ~ , r , ~ OffIce of the City Clerk and that I posted thl8~ ' , ~ . em on the bulletin board according ,~~ re u remen. < ~~~~ .5 'I 0 -C;:;;, ~; HULA VISfA 11 Cheryl Cox, Mayor Rudy Ramirez, Councilmember James D. Sandoval, City Manager John McC~.nn, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussa"ii, Councilmember Donna Norris, City Clerk Steve Castaneda, "Councilmember May 5, 2009 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . RECOGNITION OF EMPLOYEE OF THE MONTH, IN MEMORY OF JAY HARRIS, PROCUREMENT SPECIALIST, BY MARIA KACHADOORIAN, FINANCE DIRECTOR . PRESENTATION BY MARK WATTON, GENERAL MANAGER OF OTAY WATER DISTRiCT, AND JAMES SMYTH, OPERATIONS MANAGER OF SWEETWATER AUTHORITY, ON LOCAL WATER SUPPLY AND RATES . PRESENTATION OF A PROCLAMATION TO POLICE CHIEF RICHARD P. EMERSON, BY MAYOR COX PROCLAIMING MA Y 6, 2009 AS LAW ENFORCEMENT OFFICERS' MEMORIAL DAY IN THE CITY OF CHULA VrST A . PRESENTATION OF A PROCLAMATION TO BUCK MARTIN, RECREATION DIRECTOR, BY MAYOR COX DECLARING MA Y 2009 AS DROWNING PREVENTION MONTH . PRESENTATION OF A PROCLAMATION TO STEVE FIALKO, EXALTED RULER, AND GARRY HUMMEL, TRUSTEE, CHULA VISTA ELKS LODGE #2011, BY MAYOR COX PROCLAIMING THE WEEK OF MAY 1 THROUGH MAY 7, 2009, AS YOUTH WEEK IN CHULA VISTA CONSENT CALENDAR (Items 1-4) 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 (availahle in the lobby) and suhmit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of January 8, 2009. Staff recommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LEASE WITH MMV GRAVEL OVER A PORTION OF CITY OWNED PROPERTY LOCATED AT 707 F STREET The City has been approached by MMV Gravel Company, a local firm, about leasing a portion of City-owned property to store and mix gravel and sand as a part of their concrete aggregate business. This small area of an unused City asset offers an opportunity to both generate revenue and eliminate a storm water issue. (Public Works Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EST ABLISHING AND ADOPTING A CERTIFIED LIST OF APPROVED DESIGN- BUILD FIRMS TO PROVIDE DESIGN/BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECTS CITYWIDE In October 2002, the Council approved a certified list of design-build firms for the construction of fire facilities, and in June 2003, the Council approved a certified list of design-build firms for the construction of public facilities (excluding fire facilities). Both lists were for a duration of five years and have since expired. As infrastructure facilities are continuously needed, proposals were sought from qualified firms to establish a new certified list of design-build fim1s. (Public Works Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2009/2010 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION WITH EACH SUB-RECIPIENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HUD GRANT Page 2 - Council Agenda htto:/Iwww.chulavistaca.gov May 5, 2009 As a Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the Home Investment Partnerships Act Program (HOME). The funds are distributed among local non-profits, housing developers and City departments to provide decent housing, economic opportunities and a suitable living environment for low and moderate income persons. On March 24, 2009, the City Council held a Public Hearing on 2009-2010 CDBG, HOME and ESG funding recommendations. This item will approve the final Action Plan which contains the spending plan. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate. the Council may schedule the topic for jilture 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 Jill out a "Request to Speak" jorm (available in the lobby) and submit it to the City Clerk prior to the meeting. 5. CONSIDERATJON OF REZONING A PARCEL LOCATED AT 440 FOURTH AVENUE The applicant proposes to change the property from a Multi-Family Residential (R3) to a Commercial Office (CO) zone. (Development Services Department) Staff recommendation: Council hold first reading of the following ordinance: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTJON 19.18.010 TO REZONE ONE .17 ACRE PARCEL LOCATED AT 440 FOURTH AVENUE FROM R3 (MULTI- FAMILY RESIDENTJAL) TO CO (COMMERCIAL OFFICE) (FIRST READING) 6. CONSIDERA nON OF AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN Adoption of the resolution amends the 200812009 Annual Action. Plan to include- American Recovery and Reinvestment Act (ARRA) of 2009 funds received by the City of Chula Vista for Homeless Prevention and Rapid Re-housing, and authorizes the submittal of the City's amendment to 2008/2009 Action Plan to the Department of Housing and Urban Development to include the ARRA Homeless Prevention and Rapid Re-Housing program funds. (Deputy City Manager/Development Services Director) Page 3 - Council Agenda htm:/ /www.chulavistaca.gov May 5, 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN TO ALLOCATE $819,738 OF HOMELESS PREVENTION FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO OBTAIN THE HOUSING AND URBAN DEVELOPMENT GRANT FUNDS Staff recommendation: Council adopt the resolution. OTHER BUSINESS 7. CITY MANAGER'S REPORTS 8. MA YOR'S REPORTS Ratification of the appointment of Cynthia Berndt to the Cultural Arts Commission 9. COUNCILMEMBERS' COMMENTS ADJOURNMENT to the Regular Meeting of May 12, 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 least forty-eight hours in advance of the ineeting. Page 4 ' Council Agenda htto;//www.chulavistaca,gov May 5, 2009 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 8, 2009 6:00 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:03 p.m., in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE ACTION ITEM 1. CONSIDERATION OF DECLARATION OF A FISCAL EMERGENCY Over the last few years the City of Chula Vista has experienced a precipitous decline in revenues due to the slumping economy, the housing crisis, and the slowdown in development activity. The City had made significant program and personnel reductions during this time in order to bring expenditures in line with a lower revenue base. However, the City's financial outlook has continued to deteriorate and is facing a $3.9 million deficit in fiscal year 2008-2009 and an estimated $20.0 million deficit in fiscal year 2009-2010 for the City's operating fund. (Finance Director) City Manager Sandoval provided an overview of the City's ongoing budget deficit. He also provided information related to the measures that have been taken to balance the budget. He stated that if additional revenues were not received, the City's workforce would have to be reduced by 26 percent, impacting the services provided to the community. He recommended that the Council declare a state of fiscal emergency. Finance Director Kachadoorian presented details of the City's five-year budget outlook. She provided historical data and a forecast for the City's general fund reserve levels. She also gave a summary of prior personnel reductions, as well as future reductions that may become necessary, and the major service impacts caused by those reductions. Larry Brietfelder, Chula Vista resident, representing Chula Vista Taxpayers Association, spoke in opposition to the proposed resolution declaring a Fiscal Emergency. Page I - Council Minutes January 8, 2009 1-1 DRAFT ACTION ITEM (Continued) Georgie Stillman, Chula Vista resident, spoke in support of a local sales tax increase of one percent, with conditions including a sunset clause and an oversight body. Mayor Cox reminded the speakers that the only item on the agenda was the declaration of a fiscal emergency. Bob Coleman, Chula Vista resident, spoke in support of a one-percent sales tax, and in support of declaring a fiscal emergency. The following members of the public spoke in support of the proposed resolution declaring a fiscal emergency: Richard Preuss, representing Chula Vista Employees Association Theresa Acerro, Chula Vista resident, representing Southwest Chula Vista Civic Association Jose Preciado, Chula Vista resident Scott Love, Chula Vista resident, also spoke in support of placing a sales tax measure on the ballot. Mayor Cox clarified the purpose of declaring a fiscal emergency by a local government, which would enable City government to look beyond itselffor revenue. Each Councilmember then spoke in support of the proposed resolution. City Attorney Miesfeld noted that adoption of the resolution required a unanimous vote. ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-001, heading read, text waived: RESOLUTION NO. 2009-001, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A FISCAL EMERGENCY Councilmember Ramirez seconded the motion and it carried 5-0. Mayor Cox recessed the meeting to convene in Closed Session at 6:57 p.m. CLOSED SESSION 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Page 2 ~ Council Minutes January 8, 2009 1-2 CLOSED SESSION (Continued) . 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 No reportable action was taken on this item. ADJOURNMENT At 8:35 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of the City Council, January 13,2009 at 6:00 p.m. in the Council Chambers. /~ _-/" Lorraine Bennett, CMC, Deputy City Clerk 1-3 CITY COUNCIL AGENDA STATEMENT '~\f; ~~ CITY OF ,,"'<: ";,,,. CHUlA VISTA 5/5/09, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LEASE WITH MMV GRAVEL OVER A PORTION OF CITY OWNED PROPERTY LOCATED AT 707 F STREET ~t<<9. DIRECTOR OF PUBLIC WORKS~ CITY MANAG~ "r ASSIST ANT CITY ~ANAGER ?) 4/5THS VOTE: YES D NO ~ SUBMITTED BY: REVIEWED BY: SUMMARY The City has been approached by a local finn, MMV Gravel Company, about leasing a portion of City-owned property to store and mix gravel and sand as a part of their concrete aggregate business. Staff has identified an area at the old Corporation Yard located at 707 F Street that is suitable and currently not being utilized by the City. MMV has offered to lease the site for one year with an additional one-year option, provide clean-up and run-off protection measures prior to occupancy and insure and indemnify the City from liability arising from their operations. The proposed lease area comprises approximately 5,000 square feet and the rental rate offered is $500.00 per month. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301[ Existing Facilities], of the State CEQA Guidelines because the proposed business operation will be carried out within an existing public facility with no proposed expansion and in compliance with all applicable local, state and regional regulations. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 2-1 5/05/09, Itent ~ Page 2 of2 DISCUSSION City staff has, for the last six months, been developing options for maximizing the return from existing City real estate assets. This process has involved looking for ways to generate revenue for properties that the City intends to hold in both the long and short term. Additionally, we have been pursuing ways to enhance the value of those properties that we may want to market once conditions improve. The old Corporation Yard located at 707 F Street is one of the sites which has been identified as being capable of generating short-term revenue (one to three years). In March, the City was approached by a local firm, MMV Gravel, that purchases gravel from one set of suppliers and sand from another, mixes the two and markets the aggregate to companies such as equipment rental firms that deal in small batches of concrete. MMV needs a small location to store, mix, and load for transport these materials. The old yard has three cinderblock material bins that are well suited for this type of operation. They are not used or needed by the City and are in need of storm water improvements to comply with current laws. MMV has offered to lease these bins and the access area in front of them (5,000:!: S.F.) for $500.00 a month and provide the necessary run-off improvements. This proposed use is consistent with on-going legal non-conforming uses on the site. While this offer was not solicited, the unique correlation between the needs of MMV and this small area of an unused City asset offers an opportunity to both generate revenue and eliminate a storm water issue. No structures will be utilized by MMV and access will be limited to normal hours of operation as set forth in the lease. If Council approves this item, staff will be coming forward shortly with two more proposed leases for areas within the old yard. 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. CURRENT YEAR FISCAL IMPACT It is anticipated that the lease of this property will generate $1,000.00 for the remainder of this fiscal year. ONGOING FISCAL IMPACT For Fiscal Year 2009/2010, revenue from approval of this resolution is estimated to be $5,000.00. An additional $6,000.00 may be generated, if the City and MMV choose to extend the lease for an extra one-year term. ATTACHMENTS 1. Map of Proposed Lease Area Prepared by: Rick Ryals. Real Property Manager. Engineering Dept. J:IEngineerIAGE?fDAICAS200910S-0S-09\MMV Gravel Lease.doc 2-2 ACHMENT -'- - ~ ~ If:.. CITY OF ~~ CHUIA VISTA MMV Proposed Lease Parcel Assessor's Parcel No(s). 567-031-27) Address: .. , \ ~ ---, ~ >,1iI' 'Ie , 0 \... \~ ,"' \ '\ \ 0 "\ ---------'\. ~~ \ \ \ /, \-----_/ \ \ \ \" \: ' \"~--'. '" \,\\'.. ...... \ '\' -.......,........ \ '\ \(, ~..., '" \ \ ~(,,, -........,,, " \ \ z~'''' '-,-_\.,/' I""~ \ \ I '-;;J \ffi _~;;!__\ -~~ .~ ~ Comments: 707 F Street \~\ \,\/ \ '\ ~-C----' 1\' "------ \ ' \,\ \ \ I \- \ \. \\\ \__-J,--/~ '\ ~ \ Ii, / ' 1 ,II ~V' I I ~ \11 '1,\ ___~ \ ~ ... \".~\ ~ \.--'- \ , '\ .. \\\ ..,." \ ~ 1 'II Old Corp Yard \\--__/~ , ~ Oi \\\ 707F ST '<- I Ie,", I ,.. . , \1__ "I'" \\\ '\ ~ \ ~ \~:,.\, \~/ I .,. ,I.'. \ ~/' ---,' Y .,."" '1'1 /;---\c'"'""\\..x--': \-- o(,f.II " -- \ \ ...If.J....J.. ... ~\~ \ f~'\ r' 0 \,-Y-\ ' I '\\ \/--------..~/ \ \ t:\ '~ \-'YJ\13 IV /1 \, \ VI v" .,r\'(/ \ \ I 'rJ, ~'::.-C\ "'. \, \ \.---i \ \ \.,....-', '( \ \....-\.....\ \'\1,;\ \ \ "\ \ \ 'r---=< ~~ \~ \\\ \ \ \ \ .....-----\::1. ',~.--\ t.\ \\\ \ II \, \, .... t:. \.1 m ______" 0 lrolt .-, . Location Map The proposed area comprises three currently un-used material storage bins located within the City's old corporation yard. 707 F Street (por) RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LEASE WITH MMV GRAVEL OVER A PORTION OF CITY OWNED PROPERTY LOCATED AT 707 F STREET WHEREAS, the City has been approached by a local firm, MMV Gravel Company (MMV), about leasing a portion of City-owned property to store and mix gravel and sand as a part of their concrete aggregate business; and WHEREAS, City staff has identified a 5,000 square foot area at the old Corporation Yard located at 707 F Street that is suitable and currently not being utilized by the City; and WHEREAS, MMV has offered to lease the site for one year with an additional one-year option at a rental rate of $500.00 per month together with providing clean-up and run-off protection measures prior to occupancy and insure and indemnify the City from liability arising trom their operations. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the lease with MMV Gravel over a portion of City owned property under the terms set forth in the attached Property Lease Agreement. Presented by Appron as to D / i I . i II Richard A. Hopkins Director of Public Works 2-4 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY HE CITY COUNCI Dated: Property Lease Agreement between The City Of Chula Vista and MMV Gravel F or the Use of City Owned Real Property Located at 707 F Street 2-5 PROPERTY LEASE AGREEMENT BY AND BETWEEN OF THE CITY OF CHULA VISTA AND MMV GRAVEL FOR THE USE OF CITY OWNED REAL PROPERTY LOCATED AT 707 F STREET DATED AS OF 2-6 ,------_.__._..._.'"~.,._---"_.~ -..,..._..-....-~-~---~,._..._.._,"... CITY OF CHULA VISTA LICENSE AGREEMENT MMV GRAVEL SECTION PARAGRAPH PAGE SECTION 1: USES 1.01 Premises 1 1.02 Uses 1 1.03 Reservation of Rights 2 SECTION 2: TERM 2.01 Term 2 2.02 Termination 2 2.03 Surrender of Premises 2 SECTION 3: COMPENSATION 3.01 Rent for Use of Premises 3 3.02 Utilities 3 SECTION 4: INSURANCE RISKSISECURITY 4.01 Indemnity 3 4.02 Insurance 4 4.03 Accident Reports 6 SECTION 5: TERMS AND CONDITIONS OF OCCUPANCY 5.01 Form of Agreement 6 5.02 Right to Occupy 6 5.03 Taxes 6 2-7 CITY OF CHULA VISTA LICENSE AGREEMENT MMV GRAVEL SECTION PARAGRAPH SECTION 6: IMPROVEMENTS/ALTERATIONS/REPAIRS 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 Acceptance of Premises Waste, Damage, or Destruction Maintenance Improvements/Alterations Liens Signs Ownership of Improvements Breach by Lessee SECTION 7: GENERAL PROVISIONS 7.01 7.02 7.03 7.04 7.05 706 7.07 7.08 7.09 7.10 7.11 712 7.13 7.14 7.15 7.16 Notices City Approval Nondiscrimination Equal Opportunity Entire Agreement Interpretation of the Agreement Agreement Modification Attorney's Fees Assignment and Subletting-No Encumbrance Defaults and Temnination Other Regulations Time is of Essence; Provisions Binding on Successors Section Heading Gender/Sing ular/Plural Non-Liability of Officers Relationship between City and Lessee SECTION 8: SIGNATURES 801 Signatories EXHIBITS Exhibit "A" - Legal Description of Premises Exhibit "B" - Sketch of Premises Ii 2-8 _..._._~-~------- . ",-,~,.'-'--"'----~""-'--'----'-~ PAGE 7 7 7 8 8 8 8 9 9 9 10 10 10 10 10 10 11 11 11 11 12 12 12 12 13 THIS lEASE AGREEMENT, hereinafter called "Agreement", dated as of , solely for identification purposes, is executed between the City of Chula Vista, a public body corporate and politic, hereinafter called "City", and MMV GRAVEL, a , hereinafter called "Lessee", to establish terms and conditions of Lessee's use of certain real property owned by City and to provide terms and conditions of Lessee's occupancy and use of City's property. The effective date of this Agreement shall be the date this Agreement is apprbved by the City ("Effective Date"). RECITALS WHEREAS, City is the legal and equitable owner of that certain real property located at 707 F Street, Chula Vista, currently identified as San Diego County Assessor's Parcel No. 567- 031-27, more fully described herein below; WHEREAS, Lessee is the owner and operator of MMV Gravel whose principle place of business is located at 5044 Starfish Way San Diego, CA 92154; WHEREAS, Lessee desires to and has requested permission to use a portion of said City real property, more particularly described herein for the storage, mixing and shipping of sand, gravel and aggregate mix: WHEREAS, City hereby Leases to Lessee and Lessee hereby Leases from City that certain portion of City's real property herein identified, under the terms, covenants, conditions and provisions contained herein. AGREEMENT NOW THEREFORE, THE PARTIES HERETO MUTUAllY AGREE AS FOllOWS: SECTION 1: USES 1.01 Premises. City hereby Leases to, in accordance with the terms, covenants, conditions and provisions hereof, that certain City owned real property located at 707 F Street, Chula Vista, and currently identified as San Diego County Assessor's Parcel No. 567-031-27, and more particularly shown a sketch thereof designated as Exhibit "A" attached hereto and by this reference made part of this Agreement (the "Premises"). In retum for this permission, Lessee hereby agrees to act in accordance with and abide by the terms, covenants, conditions and provisions of this Agreement. 1.02 Uses. It is expressly agreed that the Premises shall be used by Lessee solely and exclusively for the purpose of storage, mixing and shipping of Sand, Gravel and aggregate mix and for such other related or incidental purposes as may be first approved in writing by the City's Real Property Manager ("Manager") and for no other purpose whatsoever. Lessee covenants and agrees to use the Premises only for the above specified purpose and to diligently pursue said purpose throughout the term hereof. Lessee shall not use or permit any use of the Premises in any manner which disturbs the use and quiet enjoyment by City or any surrounding tenants. In the event that Lessee fails to continuously use the Premises for said Page 1 04/29/2009 MMV Gravel license Agreement 2-9 _ ~"_,______,_",,_,_,,____,__,,~___,,,,__,,'_"--M_'_'__'_'~____,__,"_"'_'_'~ purpose, or uses the Premises for purposes not expressly authorized herein, the Lessee shall be deemed in default under this Agreement. 1.03 Reservation of Riahts. City shall not unreasonably or substantially interfere with Lessee use of the Premises while Lessee is in possession of the Premises. However, the City specifically retains the following rights: a. Subsurface Rights. City hereby reserves all rights, title and interest in any and all subsurface natural gas, oil, minerals and water on or within the Premises. b. Easements. City reserves the right to grant and use easements or to establish and use rights-of-way over, under, along and across the Premises for utilities, thoroughfares, or access as it deems advisable for the public good. c. Right to Enter. City has the right to enter the Premises for the purpose of performing maintenance, inspections, repairs or improvements, or developing municipal resources and services. SECTION 2: TERM 2.01 Term. The term of this Agreement shall be one year commencing on the Effective Date of this Agreement. Upon the expiration of the initial term of this Agreement, Lessee may request to extend the term of the Lease for an additional one-year term. Lessee shall request said option by written notice to City not less than 90 (ninety) calendar days prior to the expiration of the Lease term. Any extension shall be subject to the approval of City. Unless otherwise mutually agreed by the parties in writing, the terms and conditions of this Agreement shall remain in effect during the extended term. If City for any reason cannot deliver possession of the Premises to Lessee at the commencement of the term, or if during the term of this Agreement Lessee is dispossessed for any reason whatsoever, City shall not be liable to Lessee for any loss or damage resulting therefrom. 2.02 Termination. Notwithstanding any other remedies provided by this Agreement, City has the right, at its sole discretion, to terminate this Agreement upon ninety (90) days written notice to Lessee. Lessee has the right to terminate this Agreement upon ninety (90) days written notice to City. 2.03 Surrender of Premises. At the expiration or earlier termination of this Agreement, Lessee shall surrender the Premises to City free and clear of all liens and encumbrances, except those liens and encumbrances which existed on the date of the execution of this Agreement by City. The Premises, when surrendered by Lessee, shall be in a safe and sanitary condition and shall be in as good or better condition as the condition at the commencement of this Agreement, absent normal wear and tear. Page 2 04/29/2009 MMV Gravel License Agreement 2-10 SECTION 3: RENT 3.01 Rent for Use of Premises. Lessee shall pay City the sum of $500.00 in advance, per month for the use of the premises. Said payment shall be made in lawful money of the United States unconditionally, without demand, deduction qualification or set-off, at City's address as set forth herein or at such other address as City may designate in writing. Payments made after the fifth day of the month shall include a 5% penalty ($25.00) for late payment. 3.02 Utilities. Lessee agrees that no utilities are available under this Lease and non are to be accessed without prior written approval of City. SECTION 4: INSURANCE RISKS/SECURITY 4.01 Indemnitv. a. Lessee hereby agrees to defend, indemnify, and hold the City, its directors, officers, employees, and agents, harmless from and against any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatever character, nature and kind, whether directly or indirectly arising from or connected with, or related to this Agreement or an act or omission of Lessee, or any employee, agent, invitee, contractor of Lessee, or other person acting by or on behalf of Lessee on or about the Premises, including, but not limited to, liability, expense, and claims for bodily injury, death, personal injury, or property damage. This indemnity provision does not include any 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, or agents. 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 Lessee, its employees, agents or officers b. Costs of Defense and Award. Included in the obligations in Sections 1 and 2, above, is the Lessee's obligation to defend, at Lessee's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Lessee shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. c. Insurance Proceeds. Lessee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. d. Declarations. Lessee's obligations under Article V shall not be limited by any prior or subsequent declaration by the Lessee. Page 3 04/29/2009 MMV Gravel License Agreement 2-11 e. Enforcement Costs. Lessee agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section 4. f. Survival. Lessee's obligations under Article V shall survive the termination of this Agreement. 4.02 Insurance. Lessee shall take out and maintain at all times during the term of this Agreement the following insurance at its sole expense: a. Lessee shall maintain the following minimum limits: General Liabilitv Insurance Commercial General Liability Insurance covering liability of the Lessee with respect to all operations to be performed and all obligations assumed by the Lessee under the terms of this Agreement. Coverage for commercial general liability shall be at least as broad as Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). Limits shall be no less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply to the Premises (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent endorsement provided to City) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liabilitv Insurance Automotive Liability Insurance covering the liability of Lessee arising out of the use of all owned, non-owned, and hired vehicles which bear, or are required to bear, license plates according to the laws of California and which are not covered under the Lessee Commercial General Liability insurance. Coverage under this policy shall have limits of liability of not less than one million dollars ($1,000,000) per occurrence, combined single limit, for bodily injury and property damage (including loss of use) liability. Coverage shall be at least as broad as Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol 1 (any auto). Workers' Compensation and Employer's Liability Insurance Workers' Compensation and Employer's Liability Insurance complying will the requirements of all applicable laws relating to workers' compensation insurance, covering or insuring all of the Lessee employees working on or about the Premises. Limits shall be no less than statutory limits per accident for bodily injury and disease. By his/her signature hereunder, Lessee certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it will comply with such provisions in connection with any work performed on or Page 4 04/29/2009 MMV Gravel License Agreement 2-12 ,....' .... _.._".____".____. _.~.__ '_",",__,__~,.__..___."m..____...._..___ Page 5 about the Premises. Any persons providing services with or on behalf of Lessee shall be covered by workers' compensation (or qualified self-insurance) b. All insurance companies affording coverage to the Lessee shall be required to add the City of Chula Vista, its officials, officers, employees, and agents as "additional insured(s)" under the insurance policy(s) required in accordance with this Agreement. Lessee shall furnish (or cause to be furnished) a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. This countersigned certificate (and endorsement) shall name the City and the City, their officers, agents, employees, and authorized volunteers as additional insured under the policy. Coverage provided hereunder to the City and City as additional insured by Lessee shall be primary insurance and other insurance maintained by the City, its officials, officers, agents and/or employees, shall be excess only and not contributing with insurance provided pursuant this Section 4.02, and shall contain such provision in the policy(ies), certificate(s) and/or endorsement(s). The insurance policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of the City, its officials, officers, employees, and agents. c. All insurance companies affording coverage to the Lessee shall be insurance organizations acceptable to the City, and authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California. Insurance is to be placed with insurers having a current A. M. Best rating of no less than A-, VII or equivalent or as otherwise approved by City. d. All insurance companies affording coverage shall provide thirty (30) days written notice to the City should the policy be cancelled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. e. Lessee shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the General Counsel (City Attorney), concurrently with the submittal of this Agreement. f. Lessee shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the Lessee to provide such a substitution and extend the policy expiration date shall be considered a default by Lessee and may subject the Lessee to a termination of this Agreement. g. Maintenance of insurance by the Lessee as specified in this Agreement shall in no way be interpreted as relieving the Lessee of any responsibility whatever and the Lessee may carry, at its own expense, such additional insurance as it deems necessary. h. If Lessee fails or refuses to take out and maintain the required insurance, or fails to provide the proof of coverage, City has the right to obtain the insurance. 04/29/2009 MMV Gravel License Agreement 2-13 -.-.,.,.-..-.-----" ....-.-.,'..--.-.-----.----.. ..~.._,,,,.'- Lessee shall reimburse City for the premiums paid with interest at the maximum allowable legal rate then in effect in California. City shall give notice of the payment of premiums within thirty (30) days of payment stating the amount paid, names of the insurer(s), and rate of interest. Said reimbursement and interest shall be paid by Lessee on the first (1 st) day of the month following the notice of payment by City. i. City, at its discretion, may require the reVISion of amounts and coverage at anytime during the term of this Agreement by giving Lessee sixty (60) days prior written notice. City's requirements shall be designed to assure protection from and against the kind and extent of risk existing on the Premises. Lessee also agrees to obtain any additional insurance required by City for new improvements, in order to meet the requirements of this Agreement. j. Notwithstanding the preceding provisions of this Section 4.02, any failure or refusal by Lessee to take out or maintain insurance as required in this Agreement, or failure to provide the proof of insurance, shall be deemed a default under this Agreement and in such event, City may terminate this Agreement upon three (3) days written notice to Lessee. For the purposes of this Agreement, the condition to provide the insurance coverage required under this Section 4.02 shall be in addition to rent. 4.03 Accident ReDorts. Lessee shall promptly report to City any accident causing any property damage or any serious injury to persons on or about the Premises. This report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent information. SECTION 5: TERMS AND CONDITIONS OF OCCUPANCY 5.01 Form of Aareement. This Agreement is a limited lease for the use of the Premises for those particular purposes identified in Section 1.2. Nothing in this Agreement shall be interpreted to grant any interest in the Premises other than that specified in this Agreement. At no time shall the Lessee's limited interest in the Premises ripen into a leasehold or fee interest with a claim or right to exclusive possession thereof. 5.02 Riaht to OCCUDV. Lessee right to occupy the Premises may be terminated by City at any time if Lessee fails to satisfactorily perform the improvement, maintenance, and upkeep duties or responsibilities of Lessee set forth hereunder. City reserves the right to terminate this Agreement as may be provided for elsewhere herein. 5.03 Taxes. Lessee shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon Lessee or the Premises, including the land, any buildings, structures, machines, equipment, appliances, or other improvements or property of any nature whatsoever erected, installed, or maintained by Lessee or levied by reason of the business or other Lessee activities related to the Premises, including any licenses or permits. Page 6 04/2912009 MMV Grave! License Agreement 2-14 -----,--,.__.__._-----~_............-- Lessee recognizes and agrees that this Agreement may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of taxes levied on such interest, and that Lessee shall pay all such possessory interest taxes prior to their delinquency. SECTION 6: IMPROVEMENTS/ALTERATIONS/REPAIRS 6.01 Acceptance of Premises. The Premises is being offered to Lessee in an As-Is and Where-Is condition without any warranty, expressed or implied. Lessee represents and warrants that it has independently inspected the Premises and made all tests, investigations, and observations necessary to satisfy itself of the condition of the Premises and all improvement appurtenant thereto. Lessee acknowledges it is relying solely on such independent inspection, tests, investigations, and observations in making this Agreement. Lessee further acknowledges that the Premises are in the condition called for by this Agreement, and that Lessee does not hold City responsible for any defects in the Premises. 6.02 Waste. DamaQe. or Destruction. Lessee shall give notice to City of any fire or other damage that occurs on the Premises within forty-eight (48) hours of such fire or damage. Lessee shall not commit or suffer to be committed any waste or injury or any public or private nuisance, to keep the Premises, adjoining sidewalks, and other public areas, clean and clear of refuse and obstructions, and to dispose of all garbage, trash, and rubbish in a manner satisfactory to City. If the Premises shall be damaged by any cause which puts the Premises into a condition which is not decent, safe, healthy and sanitary, Lessee agrees to make or cause to be made full repair of said damage and to restore the Premises to the condition which existed prior to said damage; or, at City's option, and upon receipt of written demand thereof, Lessee agrees to clear and remove from the Premises all debris resulting from said damage and repair the Premises in accordance with plans and specifications previously submitted to City and approved in writing in order to replace in kind and scope the improvements which existed prior to such damage. Lessee shall be responsible for all costs incurred in the repair and restoration, or rebuilding of the Premises. Lessee shall not cause or permit any hazardous material to be used, stored, transported, generated, or disposed in or about the Premises by Lessee, Lessee's agents, employees, contractors, Lessees, or invitees. "Hazardous Material" means any hazardous, toxic, or infectious substance, material, or waste, which is or becomes regulated by any local governmental entity, the State of California, or the United States government under any law, regulation or ordinance. 6.03 Maintenance. Lessee agrees to assume full responsibility and cost for the operation and maintenance of the Premises throughout the term of this Agreement. Lessee will make customary and usual maintenance necessary to maintain and preserve the Premises, all improvements, including fencing, adjoining sidewalks, and other public areas, in a decent, safe, healthy, and sanitary condition satisfactory to City and in compliance with all applicable laws. Lessee shall remove and lawfully and properly dispose of all garbage, litter, trash, debris, and rubbish from or about the Premises, adjoining sidewalks, and other public areas, on a daily basis. All components of the fencing, including but not limited to posts and rails, shall be mended/replaced on an as-needed, when-needed basis, using material of similar type and style. Lessee shall maintain surface on the Premises in a good, neat and orderly manner. Weeds, tree or shrub branches, leaves, twigs, and other similar debris shall be removed from the Page 7 04/29/2009 MMV Gravel License Agreement 2-15 --,-"-,--"--~-----,-----,-,,,,,~,--,---"-"'''----'-''''-'-','- Premises as needed to maintain a neat appearance at all times. Lessee shall provide access control to the Premises to prevent access and parking of unauthorized vehicles. All maintenance and other Lessee duties set forth herein shall, during the term hereof, be done at Lessee sole cost and expense and City shall not be called upon for any outlay or expense related thereto. If at any time during the term of this Agreement, City reasonably determines that the Premises are not in a decent, safe, healthy, and sanitary condition, City may, at its sole discretion and option, terminate this Agreement upon written notice to Lessee and regain possession of the Premises from Lessee. In the event of such termination, or if City elects not to terminate, City may, upon written notice to Lessee, have any necessary maintenance work done in order to place the Premises back to a decent, safe, healthy, and sanitary condition at the expense of Lessee. In such event, City shall provide Lessee written notice and itemized billing showing the work performed and Lessee shall make payment to City no later than thirty (30) days after receipt of said notice and billing. The rights reserved in this Section 6.03 shall not create any obligations on City or increase obligations elsewhere in this Agreement imposed on City. The provisions of this Section 6.03 shall survive the expiration or earlier termination of this Agreement. 6.04 ImDrovements/Alterations. No improvements, structures, or installations shall be constructed on the Premises, and the Premises may not be altered by Lessee without prior written approval by the City. This provision shall not relieve Lessee of any obligation under this Agreement to maintain the Premises in a decent, safe, healthy, and sanitary condition, including structural repair and restoration of damaged or worn improvements. City shall not called upon to or be obligated by this Agreement to make or assume any expense for any existing improvements or alterations. 6.05 Liens. Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to all or any portion of the Premises without the prior written consent of the City's Property Manager. Lessee shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim on or with respect to all or any portion of the Premises for which Lessee does not have the prior written consent of the City's Property Manager. 6.06 SiQns. Lessee shall not erect or display any banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or advertising on or about the Premises without the prior written consent of City. If any such unauthorized item is found on the Premises, Lessee shall remove the item at its expense within twenty-four (24) hours of written notice thereof by City, or City may thereupon remove the item at Lessee's cost. 6.07 OwnershiD of ImDrovements. Any and all improvements, structures, and installations or additions to the Premises now existing or constructed on the Premises by Lessee shall at Agreement expiration or termination be deemed to be part of the Premises and shall become, at City's option, City's property, free of all liens and claims except as otherwise provided in this Agreement. If the City chooses not to accept improvements made by Lessee, during the term of this Lease, and prefers to have such improvements removed, Lessee shall do so at its sole cost and expense. Page 8 04/29/2009 MMV Gravel License Agreement 2-16 6.08 Breach bv Lessee. Lessee's refusal or failure to meet its obligations under this Section 6 shall be deemed a breach of this Agreement, and in such event, City may terminate this Agreement pursuant to the provision of Section 7.10 or elsewhere herein. SECTION 7: GENERAL PROVISIONS 7.01 Notices. All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed, postage prepaid, to the respective party as follows: To City: To Lessee: Rick Ryals Real Property Manager City of Chula Vista Department of Public Works 276 Fourth Avenue Chula Vista, CA 91910 MMV Gravel 5044 Starfish Way San Diego, CA 92154 With Copy to: City of Chura Vista City Attorney 276 Fourth Avenue Chula Vista, CA 91910 Either party may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and received on the first to occur of: (i) actual receipt at the offices of the party to whom the communication is to be sent, as designated above; or (ii) three working days following the deposit in the United States Mail of certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above, or (iii) actual receipt if made by recognized reliable currier service who maintains a receipt of delivery. 7.02 City Approval. The City's Property Manager shall be the City's authorized representative in the interpretation and enforcement of all work performed in connection with this Agreement. The City's Property Manager may delegate authority in connection with this Agreement to the City's Property Manager's designee(s). For the purposes of directing Lessee in accordance with this Agreement, which does not result in a change to this Agreement, the City's Property Manager delegates authority to the Real Estate Manager and/or the Redevelopment Manager of the Economic and Community Development Department. For the purposes of interpretation of and/or changes to this agreement, the City's Property Manager delegates authority to the Real Estate Manager. Page 9 04/29/2009 MMV Gravel License Agreement 2-17 7.03 Nondiscrimination. Lessee agrees not to discriminate in any manner against or segregation of any person or persons, on account of race, color, religion, sex, familiar status, national origin, ancestry, age, disability or sexual orientation in the use, occupancy, tenure or enjoyment of the Premises, nor shall Lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, iocation, number, use or occupancy of the Premises. 7.04 Eaual ODDortunitv. Lessee shall assure applicants are employed and that employees are treated during employment without regard to race, familial status, color, religion, sex or national origin. Lessee hereby certify to City that Lessee is in compliance and throughout the term of this Agreement will comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other applicable Federal, State and Local law, regulation and policy (including without limitation those adopted by City) related to equal employment opportunity and affirmative action programs, including any such law, regulation, and policy hereinafter enacted. a. Compliance and performance by Lessee of the equal employment opportunity and affirmative action program provision of this Agreement is an express condition hereof and any failure by Lessee to so comply and perform shall be a default of this Agreement and City may exercise any right as provided herein and as otherwise provided by law. 7.05 Entire Aareement. This Agreement comprises the entire integrated understanding between City and Lessee concerning the use and occupation of the Premises and supersedes all prior negotiations, representations, or agreements. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Agreement itself. 7.06 InterDretation of the Aareement. The interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to City. a. The Lessee shall be responsible for complying with all Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein. b. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. c. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 7.07 Aareement Modification. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto. 7.08 Attornev's Fees. in the event a suit is commenced by City against Lessee to enforce payment of amounts due, or to enforce any of the terms and conditions hereof, or in case City shall commence summary action under the laws of the State of California relating to the unlawful detention of Premises, for forfeit of this Agreement, and the possession of the Page 10 04/29/2009 MMV Gravel License Agreement 2-18 - ^"-"~'--'-'-"--" ...-..' ..~--_..,_._.._."---_.- Premises, provided City effects a recovery, Lessee shall pay City all reasonable costs expended in any action, together with a reasonable attorney's fee to be fixed by the court. Venue for any such suit or action shall be California Superior Court, San Diego County, North County Branch. 7.09 Assianment and Sublettina-No Encumbrance. This Agreement and any portion thereof shall not be assigned, transferred, or sublet, nor shall any of the Lessee's duties be delegated, without the express written consent of City. Any attempt to assign or delegate this Agreement without the express written consent of City shall be void and of no force or effect. A consent by City to one assignment, transfer, sublease, or delegation shall not be deemed to be a consent to any subsequent assignment, transfer, sublease, or delegation. 7.10 Defaults and Termination. If City has a good faith belief that Lessee is not complying with the terms of this Agreement, City shall give written notice of the default (with reasonable specificity) to Lessee and demand the default to be cured within fifteen (15) days of the notice. If Lessee is actually in default of this Agreement and fails to cure the default within fifteen (15) days of the notice, or, if more than fifteen (15) days are reasonably required to cure the default and Lessee fails to give adequate assurance of due performance within ten (10) days of the notice, City may terminate this Agreement upon written notice to Lessee. City may also tenminate this Agreement upon written notice to Lessee in the event that: a. Lessee has previously been notified by City of Lessee's default under this Agreement and Lessee, after beginning to cure the default, fails to diligently pursue the cure of the default to completion; or b. Lessee shall voluntarily file or have involuntarily filed against it any petition under any bankruptcy or insolvency act or law; or c. Lessee shall be adjudicated a bankruptcy; or d. Lessee shall make a general assignment for the benefit of creditors. Upon termination, City may immediately enter and take possession of the Premises. 7.11 No Waiver. The failure to require the remedy of a breach or enforce the terms and conditions of this Agreement in one instance or several instances shall not be interpreted to be a waiver of the right to enforce the terms and conditions of this Agreement for any subsequent breach. 7.12 Other Reaulations. All use of the Premises by Lessee under this Agreement shall be in accordance with the laws of the United States of America, the State of California, the County of San Diego, and in accordance with all applicative rules and regulations and ordinances of the City of Chula Vista now in force, or hereinafter prescribed or promulgated by resolution or ordinance or by Local, State or Federal law. 7.13 Time is of Essence: Provisions Bindina on Successors. Time is of the essence of all of the terms, covenants and conditions of this Agreement and, except as otherwise provided herein, all of the tenms, covenants and conditions of this Agreement shall Page 11 04/29/2009 MMV Gravel License Agreement 2-19 ._______^.__._...u__._.""_"_"__._.._...--r-_.____.,____~_..,-. apply to, benefit and bind the successors and assigns of the respective parties, jointly and individually. 7.14 Section HeadinCls. The Table of Contents and the section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision thereof. 7.15 GenderlSinClular/Plural. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes corporation, partnership, or other legal entity when the context so requires. The singular number includes the plural whenever the context so requires. 7.16 Non-liability of Officials. No member, official or employee of the City shall be personally liable to Lessee, its assigns or successors in interest, in the event of any default or breach by the City, for any amount which may become due to Lessee is assigns or successors, or in any obligations under the terms of this Agreement. 7.17 Relationship between City and Lessee. It is hereby acknowledged that the relationship between City and Lessee is that of landowner and tenant at will and not that of a partnership or joint venture and that City and Lessee shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein, the City shall have no duties or obligations with respect to the improvement, maintenance or upkeep of the Premises. REMAINDER OF PAGE LEFT BLANK INTENTlONALL Y [Signatures on Following Page] Page 12 04/2912009 Mfv1V Gravel License Agreement 2-20 SECTION 8: SIGNATURES 8.01 Sianatories. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Lessee and the City. IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Property Use Permit to be executed as of, but not necessarily on, the Effective Date by setting hereunto their signatures herein below. CITY: City of Chula Vista By: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: LESSEE: MMV Gravel By: D,led i&if 0 '7 Page 13 04/29/2009 MMV Gravel License Agreement 2-21 ~ ~ If::.. CITY OF ~~sCHUIAVlCTA ~""'t,. ~IJ MMV Proposed Lease Parcel Assessor's Parcel No(s). 567-031-27 Address: 707 F Street Location: Northwest Corner, F Street and Woodlawn Avenue Current Use: Old Corporation Yard (portion) Size: 5,000 SF(+/-) Zone: 707 F Street (por) ~ ~ If:.. CITY OF ~1't~ CHULA VISTA MMV Proposed Lease Parcel Assessor's Parcel No(s). 567-031-27) Address: 707 F Street \, 1"\ \ '\\ \ .....-\~ \\\ \ . \ ~ '\\\ \ \ 0 \' \ \\ \h\ \ 1> ';. \\,,' \ 0 "'1\'" \'\ '~ '>> '" \\.\' ....---..\ ~ i:2 \ ___~\.. \I.. \\\ \ ~ g \,\ \ :Ij \\\ \ ~ $: \,\ , ~ ~ \ ~/'\ \d \ \..,.: \. \ '\~-; \\ '- \~'" ~ \ \.,\,,, \ ," "" ' \ ~ "', ", \ ; \ ~...~~ '-, v \\ ~ \ \, I ~-.::::;J \ ~-,," , OotU'- ~ ,I!.G .------ V" --4, ,. Location Map Comments: The proposed area comprises three currently un-used material storage bins located within the City's old corporation yard. 707 F Street (por) CITY COUNCIL AGENDA STATEMENT ~~~ r~ cinr of '~~ cHUL4 VISTA 5/5/09, Item -~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING AND ADOPTING A CERTIFIED LIST OF APPROVED DESIGN-BUILD FIRMS TO PROVIDE DESIGN-BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECTS CITYWIDE SUBMITTED BY: DIRECTOR OF PUB I W ~T~ REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER 5 T 4/STHS VOTE: YES ^ NO SUMMARY In March 2000, the voters approved Proposition B amending City Charter Section 1009, Public Works Contracts, to allow the City to award contracts pursuant to the Design-Build project delivery system. Proposition B required the City to approve an ordinance establishing the bidding and award procedures for this new process. In October of 2002, Council approved a certified list of Design-Build firms for the construction of Fire Facilities and in June of 2003, Council approved a certified list of approved Design-Build firms for the construction of Public Facilities (excluding Fire Facilities). Both lists were for a duration of five years and have since expired. As infrastructure facilities are continuously needed, it was determined to seek proposals from qualified firms to establish a new certified list of design-build firms. It is particularly important to update the list at this time so as to facilitate delivery of the Auto Park sign project and to position the City to be able to respond in a timely manner to funding opportunities that maybe provided through the American Recovery and Reinvestment Act. A Request for Qualifications (RFQ) was issued on January 26, 2009. On Friday, February 13, 2009, the City received 40 proposals. A selection committee, appointed by the City Manager, reviewed and ranked the submittals. This resolution will establish the certified list of approved Design-Build firms, which will remain in effect for five years. 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 3-1 5/5/0, Item 3 Page 2 of 5 "Project" as defined under Section 15378(b)(2) of the State CEQA Guidelines because the proposed activity involves the establishment of city administrative policy and procedures; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Design-Build delivery method for capital projects has been successful in the City and utilized for the design and construction of multiple public facilities. The existing certified Design-Build Lists have expired. The intent of this RFQ is to review Statement of Qualifications (SOQ's) from qualified Design-Build firms to develop a new certified Design Build List as the need for infrastructure facilities is ongoing. The Selection Process On January 26, 2009, the Department of Public Works issued an RFQ for Design-Build Services, requesting Statements of Qualifications from Design-Build teams qualified to provide the City with design-build services including but not limited to: value engineering, conceptual design, programming, design services, and construction management for the design and construction of infrastructure facilities within the City of Chula Vista. The Selection Committee created to review the submittals comprised of Brendan Reed, Environmental Resource Manager; Merce LeClair, Sr. Management Analyst; Jose Gomez, Land Surveyor; Roberto Yano, Sr. Civil Engineer; and Gordon Day, Building Project Manager. The submittals were reviewed for the following criteria: 1. Letter of Interest 2. Summary of Qualifications 3. Resume of Key Personnel 4. Client References 5. Understanding of the Design-Build Process 6 DB Experience 7. Fee Structure 8. Schedule of Rates 9. Overall Proposal 10. Past work with Chula Vista After review of the submittals, City staff recommends that the following firms (by category) be certified as approved design-build firms for a period of five years: 3-a 5/5/(lq', Item 3 Page 3 of 5 Engineering T.B. Penick & Sons, Inc. Heffler Company, Inc. Hazard Construction, Inc. HTA Engineering & Construction Inc. TC Construction Company, Inc. Legacy Building Services, Inc. MJC, Inc. Webcor Construction LP Landscape: Telliard Construction Orion Construction Corporation Valley Crest Landscape Development Marina Landscape Inc. General Building: Erickson-Hall Construction Company Rudolph & Sletten, Inc. Barnhart, Inc. C. W. Driver Contractors PCL Construction Services, Inc. Highland Partners Sundt Construction, Inc. Energy Efficiency and Retrofit Contractors: Southern Contracting Company Independent Energy Solutions American Power Solutions Alpha Mechanical Service & Engineering Pacific West Energy Solutions Phone interviews were conducted with the above firms to confirm qualifications. It should be noted that the scope of projects that the City may elect to construct via the design-build process may vary significantly in scope, complexity and cost. For this reason, it was the desire of staff to have an approved list of contractors that would provide a mix of size and expertise in different areas of construction, thus the categorization of the design-build firms. The establishment of this certified list of design-build firms does not mean that the City must use the design-build process in all cases. The City retains the discretion to utilize any selection process permitted by law or to seek design-builders outside of the approved list. It should be noted that not every public facility project will lend itself to the design-build process and the City may determine that any of the other lawful project delivery methods would result in a better project. This determination will be made on a case-by-case basis and the recommendation to deviate from the design-build method may include consideration of the size, cost, complexity or other project specific factors. THE DESIGN-BUILD PROCESS The design-build process employs a single entity, either a general contractor or an architect, which provides both design and construction services. In the typical scenario, adesign-build oriented general contractor provides the design and construction services. Alternatively, an architectural firm may provide the design services and hire the general contractor on a consulting basis for the construction phase. In this later scenario, the architectural firm will be held responsible for all aspects of the project. Generally, utilization of a design-build process will provide savings in cost and time because the entire project is managed and constructed by a single entity, thereby eliminating the difficulties of dealing with multiple entities and overhead on one project. The design-build process provides the City the flexibility to work with the best contractors in the County as it does not necessarily require award to the lowest responsible bidder. The following are other benefits of using design-build as a construction delivery method: 3-3 5/5/01`, Item ~ Page 4 of 5 • Quality -Because the design builder is responsible for both the design and construction of the project, it assumes all responsibility for every aspect of construction of high quality, fully functional facilities. The greater responsibilities and accountabilities implicit in the design-build process serve as motivation for high quality and proper performance of building systems. The staff fully expects that the design builder will deliver a project that will meet or exceed the design criteria. Under the terms of the City's typical design-build contract, the design builder will be responsible through the post-occupancy warranty period for the performance of the various components and their integral parts as defined in the plans and specifications. This guarantee of performance, which the design builder can offer because it controls both the design and construction, motivates the design builder to assure the quality of both the design and construction in order to mitigate the risk of performance failure. Effectively, the design-build process requires the design builder to accept and adopt the City's quality objectives. • Construction Cost and Value -Value engineering and constructability reviews are utilized more effectively when the designers and builders work as one body during the design process. Cost savings, however, is not a goal in itself but rather is part of the design builder's broader objective of creating value. Staff believes the design builder will possess a comprehensive knowledge of labor and material costs and an awareness of the cost relationships between the various project components. This important knowledge will allow the design-build team, which will include City staff, to maximize the project's value while reducing its overall cost. • Time Savings -Because design and construction can be done concurrently and because general contract bidding periods and re-design time are eliminated, total design and construction time can be significantly reduced. However, the concurrent processing of overlapping phases has the potential of producing cost overruns. This becomes likely in the event where changes in one phase affect subsequent phases. On every project, the design builder will implement a project schedule in which the design process parallels procurement and construction. The schedule also incorporates review and approval periods by the City. • Reduced City Administration -While it is clear that the design-build process does require the City to provide prudent oversight of the design and construction phases, the administration time and effort is considerably less time-consuming. The time savings comes mainly as a result of interaction in the typical design-bid- build. • Early Knowledge of Firm Costs -Since the design builder is responsible for design and estimating of construction costs, the design builder will be able to conceptualize the completed project at an early stage in design development and provide the City with a Guaranteed Maximum Price (GMP) at a point in the ~-4 5/5/U~, Item 3 Page 5 of 5 project agreed upon between the City and the design builder. This point in time can be near the end of completion of construction documents or earlier in the design process if the specific project lends itself to setting the GMP earlier. This benefit permits early establishment of budgeting or financing, if needed, and reduced exposure to cost escalation and avoids the risk of committing substantial time and money for architectural and engineering services only to learn that the cost of the project or one of its components is prohibitive. • Risk Management -Under design-build, change orders due to errors and omissions in the construction documents are eliminated because the correction of such will be the responsibility of the design builder and not the City. When a change order does occur, the City will outline its needs and expect to receive different design solutions and cost proposals representing the best resolutions of key team players. 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 There are no fiscal impacts associated with action on this resolution. As specific projects are identified which qualify for a design build delivery method, aproject-specific Request for Proposal will be issued and staff will return to Council for approval. ATTACHMENTS None. Prepared by: Gordon Day, Building Project Manager, Public Works Department M:\Engineer\AGENDA\CAS2009\OS-OS-09\Qualitied List of Design Build Entities-Draft (5).doc ~-5 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING AND ADOPTING A CERTIFIED LIST OF APPROVED DESIGN-BUILD FIRMS TO PROVIDE DESIGN-BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECTS CITYWIDE WHEREAS, in October of 2002, Council approved a certified list of Design-Build firms for the construction of Fire Facilities; and WHEREAS, in June of 2003, Council approved a certified list of approved Design-Build firms for the construction of capital improvements (excluding Fire Facilities); and WHEREAS, both lists were for a duration of five years and have since expired; and WHEREAS, as capital improvements are continuously needed, it was determined to seek proposals from qualified firms to establish a new certified list of Design-Build firms; and WHEREAS, a Request for Qualifications (RFQ) was issued on January 26, 2009; and WHEREAS, on February 13, 2009, the City received 40 proposals; and WHEREAS, a selection committee, appointed by the City Manager, reviewed and ranked the submittals; and WHEREAS, this resolution will establish the certified list of approved Design-Build firms that will remain in effect for five (5) years; and WHEREAS, the capital improvements that the City may elect to construct via the Design-Build process may vary significantly in scope, complexity and cost. For this reason, it was the desire of staff to have an approved list of contractors that would provide a mix of size and expertise in different areas of construction, thus the categorization of the Design-Build firms; and WHEREAS, staff recommends that the following firms (by category) be certified as approved Design-Build firms for a period of five years: En ineering_ T.B. Penick & Sons, Inc. Heffler Company, Inc. Hazard Construction, Inc. HTA Engineering & Construction Inc. TC Construction Company, Inc. Legacy Building Services, Inc. MJC, Inc. Webcor Construction LP General Building: Erickson-Hall Construction Company Rudolph & Sletten, Inc. Barnhart, Inc. C. W. Driver Contractors PCL Construction Services, Inc. Highland Partners Sundt Construction, Inc. ~-~ Landscape: Telliard Construction Orion Construction Corporation Valley Crest Landscape Development Marina Landscape Inc. Energy Efficiency and Retrofit Contractors: Southern Contracting Company Independent Energy Solutions American Power Solutions Alpha Mechanical Service & Engineering Pacific West Energy Solutions WHEREAS, the City retains its sole discretion to utilize any of the Design-Build selection processes set out in Municipal Code Chapter 2.57; and WHEREAS, City retains its sole discretion to utilize Design-Build firms not included on the certified list. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby establish and adopt a certified list, attached as Exhibit "A", of approved Design-Build firms to provide Design-Build services for the design and construction of capital improvements citywide. Presented by Richard A. Hopkins Director of Public Works 3~ EXHIBIT A Certified Design-Build Firms Expiration: May 2014 Engineering• T.B. Penick & Sons, Inc. Heffler Company, Inc. Hazard Construction, Inc. HTA Engineering & Construction Inc TC Construction Company, Inc. Legacy Building Services, Inc. MJC, Inc. Webcor Construction LP Landscape• Telliard Construction Orion Construction Corporation Valley Crest Landscape Development Marina Landscape Inc. General Building: Erickson-Hall Construction Company Rudolph & Sletten, Inc. Barnhart, Inc. C. W. Driver Contractors PCL Construction Services, Inc. Highland Partners Sundt Construction, Inc. Energy Efficiency and Retrofit Contractors: Southern Contracting Company Independent Energy Solutions American Power Solutions Alpha Mechanical Service & Engineering Pacific West Energy Solutions 3-~ CITY COUNCIL AGENDA STATEMENT ,:SWf:. CITY OF . ~CHULA VISTA SUBMITTED BY: May 5, 2009, Item.!L. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2009/2010 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION WITH EACH SUB- RECIPIENT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE ~D GRANTS DEPUTY CITY MANAGE~ DEVELOPMENT SERVICES DIRECTOR CITY MANAGE~ 4/5THS VOTE: YES D NO [TI ITEM TITLE: REVIEWED BY: SUMMARY As a Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the Home Investment Partnerships Act Program (HOME). The funds are distributed among local non-profits, housing developers and City departments to provide decent housing, economic opportunities and a suitable living environment for low and moderate income persons. On March 24, 2009, the City Council held a Public Hearing on 2009-2010 CDBG, HOME and ESG funding recommendations. This item will approve the final Action Plan which contains the spending plan. ENVIRONMENTAL REVIEW All projects with the exception of the ADA curb ramps are deemed exempt per the National Environmental Protection Act regulations. An environmental review will be conducted on ADA curb ramps prior to the contract award. RECOMMENDATION Adopt resolution. 4-1 May 5, 2009, Item!t: Page 2 of5 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION 2009-2010 ANNUAL ACTION PLAN This report reviews the 2009-20 I 0 entitlement amounts as well as the requests for funding received from various City departments and local organizations. For 2009-2010, the City anticipates utilizing approximately $2.9million in combined federal resources ($1,993,508 in CDBG, $88,198 in ESG and $88],548 in HOME). The city has not received its fmal entitlement amounts and is therefore proceeding with the estimate provided by HUD. The following breaks down the federal grants, detailing the specific use of funds. ESG 3% COMMUNITY DEVELOPMENT BLOCK GRANT In order to be eligible for CDBG funding, a project or program must address at least one of the national objectives, which are: 1) benefit primarily low and moderate income families; 2) aid in the prevention or elimination of slums or blight; and 3) meet other community needs such as natural disasters. For the 2009-2010 fiscal year, the City of Chula Vista will receive a CDBG entitlement grant of approximatly $1,993,508. A summary of CDBG funding requests and staffs recommendations is provided in Attachment No. I to this report. In addition, the pie chart below illustrates how the full amount of CDBG funds will be distributed in 2009- 2010. Distribution of CDBG Grant Public Services Category: The City received seventeen eligib]e requests for public services totaling $515,703. Based on the 15 percent cap of the armual grant, the City may allocate up to $299,010 for public service programs. The funding requests received from all public service organizations were determined to be CDBG-eligible, as they meet the national objective to primarily benefit low-income families. Staff recommends funding fifteen. Staff provided funding recommendations based on the funding priorities established in the Consolidated Plan. Along with the 4-2 May 5, 2009, Item!J: Page 3 of 5 funding priorities, staff also established additional criteria in response to the current economic state, achieving a funding plan which best meets the needs of our community. The funding methodology consists of a three-tier approach, classifying each of the activities in the following three categories: . Tier 1: . Tier II: . Tier III: Basic/Essential Needs (Food, Housing, Emergency Services) Special Needs (At-Risk Youth, Family Violence, Special Needs/Disabled) Other (General) Staff is recommending that applicants in Tier I and Tier II receive the same amount of funding as in 2008-2009. A new program, the San Diego Food Bank - Food 4 Kids Backpack Program, has been included in this category as it is deemed a Tier I program by providing an essential need and is being recommended for approximately half of the amount of their request. Based on remaining funds, staff is recommending funding Tier III applicants receive 82%of their prior year funding. If The City receives more CDBG funding than what is anticipated, additional funding will be applied evenly to Tier III applicants. Any applicant who was not a prior year recipient and not a Tier I program was not recommended for funding this program year. The pie chart below demonstrates how the Public Services portion of the CDBG grant funds will be distributed among Tiers I, II and III. Capital Improvement and Community Enhancement Category: The City has historically allocated approximately $1.3 million of the CDBG entitlement amount to fund capital improvement projects and community enhancement projects. Although this category is not subj ect to a spending cap limit, the funding is determined by the residual amount after the distribution among the Administration and Public Services categories. For 2009-2010 the remaining amount is $1,295,789 and will be allocated to a non-profit capital improvement project, the City's ADA curb cut project, and debt service payments. The pie chart below demonstrates how the Capital Improvement and Community Enhancement portion of the portion the CDBG grants funds will be distributed in 2009- 2010. Administration and Planning: This amount includes administration and planning costs related to the general management, oversight and coordination of the CDBG program. No 4-3 May 5, 2009, Item!:t Page 4 of 5 more than 20% of the annual entitlement ($398,701) may be obligated under this category. In addition to city staff costs, administration funds also fund outside planning functions such as fair housing activities and homeless information and referral services. EMERGENCY SHELTER GRANT (ESG) PROGRAM Chula Vista will receive ESG entitlement funds in the amount of $88,198 for fiscal year 2009-2010. ESG program is designed to be the first step in a continuum of assistance to prevent homelessness and to enable homeless individuals and families to move toward independent living. ESG is a formula-funded program that uses the CDBG formula as the basis for allocating funds to eligible jurisdictions. The City received a proposal from South Bay Community Services to provide homeless services primarily to women, children and families. HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM The City will receive approximately $881,548 in HOME funds from BUD for fiscal year 2009-2010. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. Over the past seven-years the City has used these funds to support new construction and acquisition activities related to the development of affordable housing. No applications were received for HOME funds for 2009-2010. Staff will return once a viable affordable housing project is presented to staff for funding recommendation. PROJECT CONTRACTS HUD requires a written contract between the City and each project/program funded through the CDBG, ESG and HOME funds. HOME funds are primarily used for the provision of affordable housing and requests will be brought forward as projects are negotiated. The Project contracts between the City and the subrecipients cover the period from July 1, 2009 to June 30, 2010. Each contract has several exhibits attached which are incorporated into the contract. The sample CDBG contract is included as Attachment No.2 and contains the respective attachments (A through D). The attachments to the agreements are: . Attachment A: The Scope of Work describes the service the agency will be providing and the estimated number of people who will receive services each month. This performance schedule. will be used to monitor each agency's progress in completing the scope of work. It will also include an estimated budget which details how the agency intends to expend the CDBG and ESG funds. This itemized budget will be used to monitor expenditures throughout the year. Minor adjustments to budget line items or necessary programmatic changes to the scope of work will be handled administratively. Attachment B: Insurance Requirements for the City of Chula Vista. Attachment C: The BUD Income Limits for the San Diego Standard Metropolitan and sample form (effective March 2009) will be used to determine the number of low income households/persons served. Each program is required to serve a minimum of 51 percent low-income persons/households. A sample form for capturing this data is included in CDBG agreements. Attachment D: City of Chula Vista Third Party Disclosure Form. This form is provided to Subrecipients to complete. . . . 4-4 May 5, 2009, Item!t Page 5 of 5 DECISION MAKER CONFLICT Staff has determined that the activities under the Administration and some Public Service programs of the CDBG, HOME and ESG programs are not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. However, several Public Services programs and Capital Improvement and Community Enhancement projects are site specific. For this reason, Staff reviewed the property holdings of the City Council and found no property holdings within 500 feet of the boundaries of the projects and programs. CURRENT YEAR FISCAL IMPACT The City will allocate $1,973,771 in CDBG; $899,494 in HOME and $88,095 in ESG, for a total of $2,968,482 in 2008-2009 Entitlement Funds. The grand total of $2,968,482 federal grant funds will be appropriated in the fiscal year 2009-20 I 0 City Budget. CDBG, HOME and ESG contracts, internal projects and administrative costs, totaling $2,963,254, will be funded out of the City's 2009-2010 Department of Housing and Urban Development grant funds. In the remote event that HUD should withdraw the City's CDBG and HOME funding, the agreements provide that the City is not obligated to compensate the Subrecipients for program expenditures. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. The City receives annual entitlements of CDBG, HOME and ESG funds. ATTACHMENTS 1. 2009-2010 Funding Requests and Funding Recommendations 2. Sample CDBG Agreement (which includes the following attachments): . Attachment A-Scope of Work . Attachment B- Insurance Requirements . Attachment C- HOD Income Limits 2008 . Attachment D- Disclosure Form 3. Sample Emergency Shelter Grant Contract (which will include Attachments A through B listed above) 4. Sample HUD Contracts Prepared by. Angelica Davis, Project Coordinator with the Development Services Department, Redevelopment and Housing Division 4-5 ATTACHMENT 1 2009/2010 Federal G rants Funding Reqnests and Recommendations CDBG I HOME I ESG Regional Task Force on the Homeless Task Force on the Homeless $ 1,000 $ 1,000 $1,000 2 Redevelopment and Housing Fair Housing Counseling Services $ 35,000 $ 35,000 $35,000 3 Fair Housing Council orSan Diego Fair Housing Audit Services $ 39,000 $ $10,000 CDBG Program Planning and 4 Redevelopment and Housing Administration $ 350,859 $ 358,754 $352,701 Total Re uested and Recommended $ 425,859 $398,701 Surplus/Shortfall $ (27,158) $0 $ $ * Lutheran Social Services Project Hand $ 24,000 $ 7.380 Lutheran Social Services Caring Neighbor $ 24,000 $ 20,000 $8,85 9 South Bay Community Services Thursday's Meal $ 11 ,000 $ 10,000 $10,00 Interfaith Shelter Newark Interfaith Shelter Network $ 10,350 $ 10,350 $10,35 San Diego Food Bank Food 4 Kids Backpack Program $ 31,663 $ $15,00 ** 8 South Bay Community Services Family Violence Treatment $ 50,000 $ 34,000 $34,00 Charles Cheneweth Foundation Community Access Program $ 15,000 $ 11,000 $11,00 Chula Vista Recreation Dept. Therapeutic Recreation Services $ 133,068 $ 17,936 $17,93 YMCA Youth Development YMCA of San Diego (South Bay) Programs $ 30,000 $ 29,854 $29,85 Youth Services for High-Risk South Bay Community Services Youth $ 39.550 $ 39,550 $39,55 South Bay Adult Day Health Care Adult Protective Services Transportation $ 11,000 $ 11,000 $9,11 Chula Vista Community Chula Vista Family Assessment and Collaborative Referral $ 45,000 $ 42,000 $35,433 F amity Health Centers of San Diego KidCare Express Mobi]e Unit $ 30,000 $ 27,000 $22.36 Chula Vista Veterans Home Support Rehabilitation Services $ 3,600 $ 3,500 $2,89 Boys and Girls Club of Chula Vista Safe Kids Transportation Services $ 25,912 $ 14,413 $11,94 Chula Vista Recreation Dept WizKidz Program $ 18,560 $ 12,299 $10,18 Total Re uested and Recommended $ 515,703 $299,010 Surplus/Shortfall $ (216,693) $0 Attachment No.1 4-6 2009/2010 Federal Grants Fnnding Requests and Recommendations (Continued) 24 Engineering ADA Curb Cut Program $ 505,000 $ 390,000 $504,922 25 Finance Department Section 108 Payment - Year Two $ 637,370 $ 637,370 $675,875 26 MAAC Project Telecommunication System $ 30,000 $ $ Family Health Centers of San Chula Vista Family Health Center 27 Diego Expansion $ 40,000 $ 30,000 $ South Bay Regional Homeless 28 South Bay Community Services Center $ 115,000 $ $115,00 Total Requested and Recommended $ 1,327,370 $1,295,797 Surplus/Shortfall $ (31,573) $0 29 Redevelopment and Housing $ 88,000 $ 89,949 30 Redevelopment and Housing Production of Affordable Housing $ 793,548 $ $793,548 Total Requested and Recommended $ 881,548 $881,548 Surplus/Shortfall $ $0 ESG Program Planning and 31 Redevelopment and Housing Administration $ 4,394 $ 4,394 $4,39 32 South Bay Community Services Casa Nueva Vida $ 85,000 $ 83,769 $83,80 Total Requested and Recommended $ 89,394 $88,198 Surplus/Shortfall $ (1,196) $0 * Applicant did not receive funding in 200812009; however did recive funding in 2007/2008 ** Denotes new applicant * * * Funding Methodology (Tiers I, II and [II) Tier 1: Basic Needs (Food, Housing, Emergency Services) Tier 2: Special Needs (At Risk Youth, Family Violence, Special NeedslDisabled) TierJ: Other (General) Attachment No.1 4-7 ATTACHMENT 2 AGREEMENf FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT [SUBRECIPIENT NAME] [PROJECT NAME] This Contract Number by and between (hereinafter referred to as "Subrecipient") and the City of Chula Vista (hereinafter referred to as "City") is effective on Julv 1. 2009 ("Effective Date"). WITNESSETH: WHEREAS, there has been enacted into law the Housing and Community Development Act of 1974 (the "Act"), the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas; and WHEREAS, the City, is authorized to apply for and accept Community Development Block Grant funds; and WHEREAS, City incorporated the Subrecipients's proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the City's Community Development Block GrantIHOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; and WHEREAS, it is the desire of the Subrecipient and the City that the Project be implemented by the Subrecipient; and WHEREAS, the Subrecipient shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Annual Funding Plan for participation in the Community Development Block Grant program; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: Subrecipient shall implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the City and submitted to HUD in application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annual Funding Plan. The Annual Funding Plan and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Subrecipient shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said Annual Funding Plan and Certifications. The obligations undertaken by Subrecipient include, but are not limited to, the obligation to, as applicable, comply with each of the following as may be amended from time to time: a. The Housing and Community Development Act of 1974 (Public Law 93-383, as amended, 42 USC g 5301, et seq.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, et seq.); City Of Chula Vista 2009/2010 CDBG Contract Page 1 of 12 4-8 .,--.---- c. The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities; d. Title VI of the Civil Rights Act of 1964 (42 USC ~ 2000d); Title VII of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC ~ 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 Us.e 170lu. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): i. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 Us.e 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. ili. The Subrecipient agrees to send to each labor organization or representative of workers with which the Subrecipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Subrecipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. iv. The Subrecipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the sub-contractor is in violation of the regulations in 24 CFR part 135. The Subrecipient will not subcontract with any sub-contractor where the Subrecipient has notice or knowledge that the sub contractor has been found in vioiation of the reguiations in 24 CFR part 135. v. The Subrecipient wiii certify that any vacant empioyment positions, including training positions, that are filled (1) after the Subrecipient is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Subrecipient's obligations under 24 CFR part 135. vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian City Of Chula Vista 2009/2010 CDBG Contract Page 2 of 12 4-9 ._---~_.__._._--_...-......-----_._._~-_..,--"....._-_._- housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.s.e. 450e) also applies to the work to be performed under this contract. Section 7 (b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). f. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979,42 USC ~ 4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24; g. Office of Management and Budget ("OMB") Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations"; and OMB Circular A-lIO entitled "Uniform Administrative Requirement for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations." h. Grant administration requirements as described in 24 CFR 570.504, which requires Subrecipient to return any program income earned by Subrecipient in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Subrecipient shall transfer to the City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development Block Grant funds. Any real property under Subrecipient's control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be: 1. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration of the contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for acquisition of, or improvement to, the property. Reimbursement is not required after the five- year period pursuant to 24 CFR 570.505. Program income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract. i. 24 CFR 570.505 concerning use of real property; j. The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and Archaeological Preservation Act of 1974 (public Law 93-291); and Executive Order 11593; k. The Labor Standards Regulations set forth in 24 CFR 570.603; 1. Labor Code section 1771 concerning prevailing wages; m. The Hatch Act relating to the conduct of political activities (5 U.s.C. ~ 1501, et seq.); City Of ChuJa Vista 2009/2010 CDBG Contract Page 3 of 12 4-10 n. The Rood Disaster Protection Act of 1973 (42 USC. ~ 4001, et seq., and the implementing regulations in 44 crn Parts 59-78); o. The Rehabilitation Act of 1973 (public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; p. The Clean Air Act (42 USe. ~ 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 USe. ~ 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR Part 6); q. The Drug-Free Workplace Act of 1988 (public Law 100-690); r. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and implementing regulations at 24 CFR Part 35; s. No member, officer or employee of the Subrecipient, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification. t. The Subrecipient certifies, that in accordance with Section 319 of Public Law 101- 121, to the best of his or her knowledge and belief that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewals, amendment, or modifications of any federal contract, grant loan, or cooperative contract. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. u. The Architectural Barriers Act of 1968 (42 USe. ~ 4151, et seq.); v. The Americans with Disabilities Act (42 USe. ~ 12101); and w. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 USe. 403(11)). These requirements are further described in Attachment A, which is attached hereto and incorporated by reference. x. Subrecipient shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Subrecipient to comply with the requirements of any such obligation. City Of Chula Vista 2009/2010 CDBG Contract Page 4 of 12 4-11 2. COMPLIANCE WITH LAWS: Subrecipient shall comply with all applicable local, state, and federal laws, regulations, and ordinances when performing the work required by this Contract. 3. COMPENSATION: City shall reimburse Subrecipient for the costs it incurs for work performed under this Contract, not to exceed a maximum reimbursement of $ Subrecipient shall not submit claims to the City nor shall City reimburse Subrecipient for costs for which Subrecipient is reimbursed from a source other than the funds allocated for work under this Contract. a. Funding for Reimbursement: The City shall be obligated to reimburse Subrecipient only to the extent and in the amounts that funds have been made available pursuant to applications for Federal assistance. No City funds in excess of those provided by the Federal government under such applications may be the source of reimbursement under this Contract. 4. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly progress payments upon submittal by Subrecipient of a certified statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Contract. The balance due shall be paid upon certification by Subrecipient that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 5. INDIRECT COSTS: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the City for approvaL 6. EXPENDITURE STANDARD: To insure effective administration and performance of approved Community Development Block Grant projects and to meet HUD performance standards, Subrecipient shall demonstrate reasonable progress on implementation of the project, expending all contracted funds within the term of the contract. In the event all funds are not expended within the term period, the City shall notify the Subrecipient of the expenditure deficiency. Subrecipient will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Subrecipient agrees that the City may reallocate the amount of the expenditure deficiency. 7. TERM: The term of this contract shall start on the 1~ day of July, 2009 and shall continue in effect until terminated as provided herein or until Subrecipient has carried out all its obligations under the contract. Services of the Subrecipient shall start on the 1" day of July, 2009 and end on the 30th day of June of 2010. With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. 8. TERMINATION FOR CONVENIENCE: The City may permit the agreement to be terminated for convenience in accordance with 24 CFR 85.44. 9. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the United States Government terminates the Community Development Block Grant Program or terminates the Project that is the subject of this Contract. 10. TERMINATION OF CONTRACT FOR CAUSE: Subrecipient and City recognize that the City is the govemmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Subrecipient fails to fulfill in a timely and proper manner its obligations under this Contract to undertake, conduct or perform the Project identified in this Contract, or if Subrecipient City Of Chuia Vista 2009/2010 CDBG Contract Page 5 of 12 4-12 violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Subrecipient violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Subrecipient of the effective date of termination. Even if City terminates the Contract, Subrecipient shall remain liable to City for all damages sustained by City due to Subrecipient's failure to fulfill any provisions of this Contract, and City may withhold any reimbursement payments form Subrecipient for the purpose of set-off until the exact amount of damages due to City from Subrecipient is determined. Subrecipient hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. 11. CONTRACT ADMINISTRATION: The Redevelopment and Housing Manager of the City of Chula Vista shall administer this Contract on behalf of the City. The shall administer this contract on behalf of the Subrecipient Within a reasonable time after the City makes a request, Subreciplent shall give the City progress reports or other documentation as required by the City's Administrator to audit Subrecipient's performance of this Contract 12. RECORDS AND REPORTS: The Subrecipient shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Subrecipient's project All records of the Subrecipient related to this Contract or work performed under the Contract shall be open and available for inspection by HUD and/or City monitors and auditors during normal business hours. 13. RETENTION: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 14. DATA: The Subrecipient shall maintain data demonstrating eligibility (low-moderate locations) for services provided. Such data shall include, but not be limited to exact location of the work performed, and a description of service provided. Such information shall be made available to City monitors or their designees for review upon request IS. DISCLOSURE: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the state of Federal law privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 16. OUARTERL Y REPORTS/ANNUAL REPORT: Subrecipient shall provide the City with a quarterly report, submitted no later than 15 days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted. Quarterly Performance Reports are due October 15 (1" Quarter), January 15 (2nd Quarter), April 15, (3'" Quarter) and July 15 (4'h Quarter). The Annual Performance Report will also be due July 15. 17. INDEMNIFICATION: City shall not be liable for, and Subrecipient shall defend, indemnify, and hold the City, its officers, agents, employees and volunteers harmless from and against any and all claims, deductibles, self-insured retentions, demands, liability, loss, damages, City Of Chula Vista 2009/2010 CDBG Contract Page 6 of 12 4-13 injury, including injuries to persons or property, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, expenses, charges or costs of any kind or character, including attorneys' fees and court costs, arising out of, related to, or incident to, whether directly or indirectly, this Contract or performance of this Contract for any alleged acts, errors, omissions, negligence, or willful misconduct of Subrecipient, its officers, employees, agents, Subrecipients, licensees, or servants, including without limitation, claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Subrecipient shall have no obligation to defend or indemnify City from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of City or its agents or employees. Subrecipient and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsei selected by City) reimburse and hold City and its officers, employees and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims) or loss, including attorneys' fees, consultant's fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises, and the release or discharge of hazardous materials by Subrecipient during the course of any alteration or improvements of the Premises by Subrecipient, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: a. Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the commencement date; b. Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the commencement date; c. Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the term of this Contract by any person, corporation, partnership or entity other than City. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Subrecipient's obligation to defend, at Subrecipient's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Subrecipient shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. Insurance Proceeds. Subrecipient's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. Declarations. Subrecipient's obligations under Article V shall not be limited by any prior or subsequent declaration by the Subrecipient. Enforcement Costs. Subrecipient agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. Survival. The foregoing indemnities shall survive the expiration or termination of the contract any or any transfer of all or any portion of the Premises, or of any interest in this Contract and shall be governed by the laws of the State of California. City Qf Chula Vista 2009/2010 CDBG Contract Page 7 of 12 4-14 --_.~._--_...-..__..._--'~.. 18. AUDIT COSTS: Subrecipient shall reimburse City for all costs incurred to investigate and audit Subrecipient's performance of its duties under the Contract if Subrecipient is subsequently found to have violated the terms of the Contract Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Subrecipient under this Contract. 19. ENTIRE AGREEMENT: This Contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. 20. MODIFICATION. This Contract may not be modified except by written amendment executed by each party. 21. ACKNOWLEDGEMENT OF FUNDING: Subrecipient shall identify the City of Chula Vista as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the Project. Acknowledgement of the City's funding roles, for example, should be included in publicity materials related to the Project. In addition, Subrecipient agrees that the City shall be apprised of any special events linked to the Project so that a review can be made on what role, if any, the City would assume. 22. INSURANCE: Subrecipient agrees to comply with the insurance requirement set forth in Attachment "A." 23. NO WANER: No failure, inaction, neglect or delay by City in exercising any of its rights under this Contract shall operate as a waiver, forfeiture or abandonment of such rights or any other rights under this Contract. 24. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: Subrecipient Name of Subrecipient Title of Agency Address City, State Zip Code City: City of Chula Vista Redevelopment and Housing Manager 276 Fourth Avenue Chula Vista, CA 91910 25. ACTIONS ON BEHALF OF THE CITY. Except as City may specify in writing, Subrecipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Subrecipient shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 26. NO OBLIGATIONS TO THIRD PARTIES. In connection with the Project, the Subrecipient agrees and shall require that it's agents, employees, subcontractors agree that the City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that the City may have concurred in or' approved any solicitation, subagreement, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. 27. ADMINISTRATNE CLAIMS REOUIREMENTS AND PROCEDURES. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may City Of Chula Vista 2009/2010 CDBG Contract Page 8 of 12 4-15 from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Subrecipient shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement 28. 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. 29. CAPACITY OF PARTIES. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 30. GOVERNING LAWNENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. City Of Chula Vista 2009/2010 CDBG Contract Page 9 of 12 4-16 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF CHULA VISTA James D. Sandoval, City Manager, City of Chula Vista APPROVED AS TO FORM Bart Miesfeld City Attorney ATIEST City Clerk INSERT NAME OF SUBRECIPIENT , Title City Of Chula Vista 2009/2010 CDBG Contract Page 10 of 12 4-17 __ _ ~~_._~.__._.~..__,__,_....,_.,_____,...'_..,_.__.,~.._ m_""~_"_""__ ~!~ --- .:t:~~c CJ1Y Of CHUIA VISTA "ATIACHMENT A" SCOPE OF WORK (SUBRECIPIENT) has a certain project to be implemented with Community Development Block Grant (CDBG) Program funds. The work to be accomplished includes the following: . Insert GoaJs and Objectives using CDBG Agreement Performance Measurement: Assist low-moderate income residents of Chula Vista. CDBG National Obiective: LMC (Umlted Clientele): Low/Moderate Income A. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and reasonable efforts to fulfill the project by June 30, 2010, or earlier. B. ESTIMATED BUDGET: SUBRECIPIENT shall make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall SUBRECIPIENT be entitled to, nor shall City reimburse SUBRECIPIENT, more than $ for work performed under this Contract. The Estimated Budget shall be apportioned and expended in accordance with the table below: Item D . lion te Bud Contract total $X,xxx.oo In addition to the required quarterly reports identified in Section 12 of this CONTRACT, the Subrecipient shall document all clients served to ensure that at least 51 percent of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD). This information is to be collected and compiled at the end of the each City of Chula Vista fiscal year (June 30th) for five (5) years, and shall be submitted to the City of Chula Vista Redevelopment and Housing Department upon receipt of a written request and at the time of any monitoring of project records. 4-18 . ATIACHMENT B" INSURANCE REQUIREMENTS FOR CONTRACTORS Page 1 of 2 01Y OF CHUlA VISrA Contractor must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement or work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable. ) $1,000,000 per occurrence for bodily injury, personal injury and property damage. [f 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. 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: $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 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 Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula VISta, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liabilJty arising out of automoblles owned, leased, hired or borrowed by or on behalf of the contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the contractor including providing materials, parts or equipment furnished in connection with such work or operations. The generallJabi/it.y additional insured coverage must be provided in the form of an endorsement to the contractor s insurance using ISO CG 2010 (11185) or its equivalent Speci!1caJly, the endorsement must not exclude Products / Completed Operations coverage. 2. The contractor's insurance coverage must be primary insunmce as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. 4-19 "ATIACHMENT B" INSURANCE REQUIREMENTS FOR CONTRACTORS Page 2 of 2 01Y OF CHUI.A VISTA 4 Coverage shaD not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. AcceptabiJity of Insurers Insurance Is to be placed with licensed insurers admitted to transact business in the Slate of California with a current AM Best's rating of no less than A V If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any lime, complete, certified copies of all required Insurance policies, including endorsements evidencing the coverage required by these speclftcations. Subcontractors Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in these specifications. 4-20 "ATIACHMENT C' 2009 HUD INCOME LIMITS FOR CHULA VISTA 01Y OF CHULA VISIA 1 $ 44 250.00 $ 27,65000 $ 16 600.00 2 $ 50550.00 $ 31 600.00 $ 18 950.00 3 $ 56900.00 $ 35,550.00 $ 21 350.00 4 $ 63200.00 $ 39500.00 $ 23 700.00 5 $ 68250.00 $ 42650.00 $ 25600.00 6 $ 73300.00 $ 45,800.00 $ 27 500.00 7 $ 78350.00 $ 49000.00 $ 29400.00 8 $ 83400.00 $ 52,150.00 $ 31 300.00 4-21 "ATTACHMENT C" 2009 HUD INCOME LIMITS FOR CHULA VISTA mY OF CHUIA VISTA CDBG FUNDED PROJECTS QUALIFYING ON THE BASIS OF LIMITED CLIENTELE Your cooperation in filling out this form is requested. Record keeping on income of participants in the program is a condition of receipt of federal funds for the program. The information provided on this form will remain confidential but may be subjected to verification by responsible local and federal agencies. Self-identification of race and ethnicity is voluntary. 1. What is the total number of persons in your household? 2. What is the total combined annual income of all members of your household? (Please check one line below.) --ExtremeJy Low Income below the fonawing income limits based on family size: III $16,660 (2) $18,950 131 $21,350 141 $23,700 IS) $25,600 (6) $27.500 (7) $29.400 (8) $31,300 _Very Low Income below the fonawing income limits based on family size: 11127,650 (2) $31,600 (3) $35,550 141 $39,500 151 $42,650 161 $45,800171 $49,000 (8) $52,150 ~ Income below the fonawing income limits based on family size: Il) $44,250 (2) $50,550 (3) $56,900 (4) $63,200 151 $68,250 (6) $73,300 171 $78,350 (8) $83,400 _Not Low Income and do not fall into the extremely, very low, or low-income categories listed above based on family size. (NOTE: The above information is for 2009 and changes each calendar year. To obtain updated information go to htto:l.iwww.huduser.ora/datasets/iLhtml and search for income limits for the San Diego area.) 3 PI h k h b b 1 h b d 'b Ii ease c ec t e ox eowt at est escn es uour amuu. RACE CATEGORIES I-llSP ANICl ETI-INICITY Check One Mace category unJy Check Only If Also Hispanic White Black/ African American Asian American Indian/Alaska Native Native Hawaiian/ Other Pacific [slander Multi-Racial: American Indian/Alaska Native AND White Asian AND White Asian AND Pacific Islander Black/African American AND White American indian/Alaska Native AND Black/African American Other Multi-Racial Name: (Printl Telephone Number: Household Address: Signature: Note: Name, address, te!ephone and signature are optional. A unique identifier may be used to trace client served to meet CDBG limited clientele requirement. 4-22 "ATIACHMENT D" DISCLOSURE STATEMENT Q1Y OF CHULA VISTA CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT S~~rrt of tii:.;clo:;w"Qofcerbin ov.rnad"jp ini~e$., pavmetl~ or carnpctign contnOutictr::::;, on ..II m;attRt$ >,J,thkb will raquire discrvtior."r,j' ltctian on. rlui! pact of me C1'b) Cound.,~jcg Commi!isiort. <U'lC: ql1 oth~ offki<l! bodie>. Thi2 foUowirt~ fOTm~OOn ~ust be d~. . Lizt -C'h? T\airt'UZ!; of ~g per...on:; ~vm3 q iini7t11ci~J imares'i iJ; '!he CD~ LQ<. CO:1tr.tctor, ~bco~ctof. 1'T14tli!nijjlzuppUQ!. 2. If <l1ty pe::;on :.dentm,e.d pu.-MiiI.1'1! to ( 1: ~bo\!e i;: ~ co!"pD'r.ttion OT ~~hi'p. list the TIalme:.of ~! jJ:::ii...i::iu~ o-wning: mo!a u-.ar. 1~ of r..e sr~~ in m4il!co:rpor:atiorJ. or ownin;r any p..rtnershtp inwoliEt:in the pi:I!tn<<::;r.ftp. 3. (f al'Y ~...or, idenfifjad pLmUant to ! 1) above ~ r.on-pront ~niz:amor. Of a. tt".Jzt. list thi ~mesof a:r.y pill!""~n $Qr.d~ az director of rl-..e !'Ion-profit: ~nizatjon ex ..s :i:'lm:u or beTI~!"".J or tn..::=tor of th2 trust 4. HavE )'Ou had moN' tna.'"'JS250 wortr. of b~ine;;:::; nr.saded ';o1,ith a,."y' IT'd!mM of ::"lli Qt.) =t:qff, Board!.. Commiz':;iom, C omm..1tt2Q~ and Cound within 'the ~ twel..... mcnt:h$? YES_ NO_ M),E5,pJIiI:~zlii.ndk<ttv~n(~~: 5 PI(iij!iQ Joa."ri.f'!) 80\ch and iIi'Ver) pr;rr.;or., indudiJ1g ...ny ",gent:.. jl::nplo:,.'e1tS" co~r.t or irniRpandent CDf:.'Q~ 'J.'OO j.'OUM'Ji!! <tZ$igneri ro !'eprewn! you bef.::mI!.me City in thjs m~tta!. ti Hi'!'v'e:!,lou ot:1d/or yow oificRcT! or ~~< in fu~ ~ta, ronmbuted more th"D $1,000 ro ~ Cou:1ciEm<Qmblil!rir;; 'in", <:u~r..t or p1"IilCedim:; ~ctior. pri!iod7' YES_ NO_ ~ . L'-h i; yes. ~W WIJat . Cou:1ci&:nember::;} P~or:. is (iQfined a:: :4.ny indiLidu;J.i. firm, ro-.Oiirtn4'.rd:ip, loint VW::!L'~ ~.ssod~ .$ocia/ cAJb, fi'aiemai o~r.iziftion. corpor.1tIOtJ, ~, ir.l.:>"T; liKIlOT. syn~. this <Jnc' -iny othf11" coun..:t'. c.;;r.... ;$"!d cr')~~: city; mr..'r.~'~ dL-ma or om6t poliiici:J/ sr.:bdir.--Gor.. or.a:ny othtN' gro.r..p orrombinaiicn .;r.:ff.r;g ifS 4 unit ~ (NOTE ,4.:Qch addi~ p~~az :"iQ>:,z:;:;.q0<1 Dated t!lli d~'of . :;QQ9 Pont or t'~"Pe n"lmlil! -of con~::tor:a;ppbq~t S~LlfV d c~dD:r<'1Pplic.otn1: 4-23 ATTACHMENT 3 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SHELTER GRANT PROJECT SOUTH BAY COMMUNITY SERVICES CASA NUEVA VIDA I TRANSITIONAL HOUSING PROGRAM 2009-2010 This Contract is entered into by and between South Bay Community Services ("Contractor") and the City of Chula Vista ("City") on Julv 1. 2009. . WITNESSETH: WHEREAS, there has been enacted the Emergency Shelter Grants ("ESG") Program contained in subtitle B of Title IV ofthe Stewart B. McKinney Homeless Assistance Act (the "Act", 42 U.s.e. 11361, et seq.). The ESG Program authorizes the Secretary, U.S. Department of Housing and Urban Development ("HUD"), to make grants to States, units of general local government, territories, and Indian Tribes for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless; for payment of certain operating expenses and essential services in connection with emergency shelters for the homeless; and for homeless prevention activities; and WHEREAS, City of Chula Vista is authorized to apply for and accept ESG funds and assist in the undertaking of essential ESG activities; and WHEREAS, City incorporated the Contractor's proposal for the project described in Attachment "A" hereof (the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan ("AFP") which was submitted to HUD; and WHEREAS, Chula Vista City Council approved the Project on May 5, 2009 and HUD has approved the City's AFP for the ESG funds. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: Contractor shall implement the Project described in Attachment "A" hereof (the "Scope of Work") fully in accordance with the terms of the AFP approved by the City and submitted to HUD in application for funds to carry out the Project and the certifications which were submitted concurrently with the AFP ("Certifications"). The AFP and Certifications form is hereby incorporated by reference into this Contract fully as if set forth herein. Contractor shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said AFP and Certifications. Contractor's obligations include, but are not limited to, compliance with the current and most up-to-date version of each of the following: (a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.s.e. 11361, et seq.) as amended; (b) HUD regulations relating to ESG Program (24 CFR Part 576); (c) HUD regulations relating to environmental review procedures for the ESG Program (24 CFR 576.57, subd (e)); (d) Title VI of the Civil Rights Act of 1964 (42 USC ~ 2000d); Title VII of the Civil Rights Act of 1968 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC ~ 3601, et seq.); ~ 109 of the Housing and Community Development Act of 1974; Executive Orders 11246 (equal employment opportunity) and 11063 (non-discrimination), 2008/2009 ESG Agreement Page 1 of 8 4-24 as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; (e) Section 3 of the Housing and Community Development Act of 1974, includes: (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC. 1701u). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining contract or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject t9 hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) Contractor shall include the section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and shall take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. Contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (5) Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent Contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 USe. 450e) also applies to the work to be performed under this contract. Section 7 (b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 2008/2009 ESG Agreement Page 2 of 8 4-25 (f) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC ~ 4601, and implementing regulations at 49 CFR Part 24; (g) Office of Management and Budget Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; Office of Management and Budget Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations" and with Office of Management and Budget Circular A-110 entitled "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations. "; (h) 24 CFR 576.51, which requires each grantee to match the funding provided by HUD as set forth in 42 USe. 11375; 0) 24 CFR 576.53 concerning use of community facilities as an emergency shelter; (j) The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Archeological and Historical Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; (k) The Labor Standards Regulations set forth in 24 CFR 570.603; (1) The Architectural Barriers Act of 1968 (42 USe. ~ 4151, et seq.); (m) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, USC.); (n) The Aood Disaster Protection Act of 1974 (42 USC ~ 4106 and the implementing regulations in 44 CFR parts 59 through 79; (0) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR Part 8. (p) The Clean Air Act (42 USe. ~ 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 USC. ~ 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR, Part 6); (q) The Drug-Free Workplace Act of 1988 (Public Law 100-690); (r) Contractor will adopt a policy consistent with Board of Supervisors' Policy B-39a, "Disabled Veterans Business Enterprise Program", in order to insure that every effort is made to provide equal opportunity to every disabled veteran business vendor, contractor and subcontractor; (s) No member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; (t) Contractor certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or 2008/2009 ESG Agreement Page 3 of 8 4-26 employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative contract. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 2. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. 3. COMPENSATION: City shall reimburse Contractor for the costs it incurs for work performed under this Contract not to exceed a maximum reimbursement of $83.769. Contractor shall not submit claims to the City nor shall City reimburse Contractor for costs for which Contractor is reimbursed from a source other than the funds allocated for work under this Contract. 4. COMPENSATION SCHEDULE: City shall pay Contractor monthly progress payments upon certification and submittal by Contractor of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Contract. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 5. EXPENDITURE STANDARD: In order to insure effective administration and performance of approved ESG Projects and to meet HUD performance standards, Contractor agrees that it shall expedite implementation of the Project described herein expending all contracted funds within the term of the contract. In the event that reasonable progress has not been made and all funds are not expended within the term period, the City shall notify the Contractor of the expenditure and implementation deficiency. Contractor will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Contractor agrees that the City may reallocate the amount of the expenditure deficiency. 6. TERM: This contract shall commence when executed by the parties and shall continue in effect until terminated as provided herein or until Contractor has carried out all its obligations under the contract. Services of the Contractor shall start on the 1" day of July, 2009 and end on the 30th day of June of 2010. With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of ESG funds. 7. TERMINATION FOR CONVENIENCE: This Contract may be terminated by either party after thirty (30) days' written notice of intent to terminate has been given to the other party. However, no notice of termination given by Contractor shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. 8. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the United States Government terminates the ESG Program or the Project. City shall provide written notice to Contractor of the intent to terminate. 9. TERMINATION OF CONTRACT FOR CAUSE: Contractor and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the 2008/2009 ESG Agreement Page 4 of 8 4-27 ~_._~,-~.._--,-^._.'..._._...,--- Project identified in this Contract, or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Contractor violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Contractor of the effective date of termination. Even if City terminates the Agreement, Contractor shall remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions of this Contract, and City may withhold any reimbursement payments from Contractor for the purpose of set-off until the exact amount of damages due to City from Contractor is determined. Contractor hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. 10. CONTRACT ADMINISTRATION: The City Manager or designee, shall administer this Contract on behalf of the City. The Executive Director of South Bav Communitv Services shall administer this contract on behalf of the Contractor. Within a reasonable time after the City makes a request, Contractor shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this Contract. 11. RECORDS AND REPORTS: The Contractor shall maintain records and make such reports as required by the City Manager to enable the City to analyze Contractor's project. All records of the Contractor related to this Contract or work performed under this Contract shall be open and available for inspection by HUD and/or City auditors during normal business hours. Records shall be maintained for a period of at least four (4) years after the end of the grant term. QUARTERLY REPORTS/CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER): Contractor shall provide the City with a quarterly report, submitted no later than fifteen (15) days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of ESG funds during the previous quarter, and number of unduplicated clients served. In addition, Contractor will submit an annual CAPER report. Failure to submit quarterly reports and CAPER report in a timely manner will result in withholding of ESG funds until the report has been submitted. Evidence of match must be submitted with each quarterly and annual report (CAPER). Quarterly Report due dates are: October 16, January 15, April 16, July 15. CAPER due date is July 15, 2009 12. INDEMNIFICATION: City shall not be liable for, and Contractor shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all injury to person, including death and dismemberment, or property (real or personal), claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attomeys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or wiJ1ful misconduct of City or its agents or employees. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration 2008/2009 ESG Agreement Page 5 of 8 4-28 work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Contractor during the course of any alteration or improvements of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term ofthis contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the Contract, any or any transfer of all or any portion of the Premises, or of any interest in this Contract, and shall be governed by the laws of the State of California. 13. AUDIT COSTS: Contractor shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the Contract if Contractor is subsequently found to have violated the terms of the Contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Contractor under this Contract. 14. PRECEDENCE: This Contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. This Contract may not be modified except by written amendment executed by each party. 15. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: Contractor: South Bay Community Services Executive Director 1124 Bay Boulevard Suite D Chula Vista, CA 91911 City: City of Chula Vista Redevelopment and Housing Manager 276 Fourth Avenue Chula Vista, CA 91910 /II /II /II Signature Page to Follow 200812009 ESG Agreement Page 6 of 8 4-29 -~'---""--" _.__.,~,,---,.._,~...---,^---.._----_._'---"---""--'--~ IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF CHULA VISTA James D. Sandoval City Manager, City of Chula Vista APPROVED AS TO FORM Bart Miesfeld Acting City Attorney ATTEST City Clerk South Bay Community SeYVices Kathryn Lembo, Executive Director 2008/2009 ESG Agreement Page 7 of 8 4-30 --,,_._.-_._----~--_..__...~--- ATTACHMENT A SCOPE OF WORK SOUTH BAY COMMUNITY SERVICES CASA NUEVA VIDA I TRANSITIONAL HOUSING PROGRAM 2009-2010 The Contractor shall provide services to the homeless in accordance with City of Chula Vista's approved application to the U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant and Emergency Shelter Grant Funding. ESG funds will be used for short term transitional housing for low income homeless families (with children), most of whom are victims of domestic violence. In addition to housing, families, together with SBCS staff, develop a treatment plan so that the client can work to re-establish self-sufficiency and end their homelessness. A. EmerGencv Shelter Grant eliGible activities: Essential Services (42 USe. 11374 and 24 CFR Part 576.3): SBCS staff will provide case management, child care, and transportation tokens to Casa Nueva Vida residents in order to re- establish self-sufficiency. Operations (42 USe. 11374(a) and 24 CFR Part 576.21 {aH31: Includes funding for staff salaries and other operating costs for Casa Nueva, a transitional housing facility, located at 31 4th Avenue Chula Vista. B. Scope of Services: . Contractor will operate a transitional housing facility located at 31 4th avenue (City of Chula Vista) in compliance with the Casa Nueva Vida Policies and Procedures Manual for Fiscal Year 2009- 2010. . Contractor will provide mental health counseling, trauma related services, assistance in finding housing, and substance abuse services. . Contractor will provide Child Care for clients participating in classes, job searches, and other program activities . Contractor will provide bus tokens so clients can attend classes at the South Bay Community Services main office site. . Contractor will provide safe and stable housing for homeless clients, most of whom are domestic violence victims, and their children. . Contractor will provide basic needs (food, shelter, clothing, and other needed items) for clients fleeing a domestic violence situation and other homeless clients. Objective 1: 50% of the program participants will find stable housing within 60 days of entering the short term transitional housing with a supportive services program. Objective 2: By June 30, 2009, 80 percent of residents will complete a range of self sufficiency activities during their stay in shelter and 80 percent will demonstrate greater self determination. Performance Measurement: The short term transitional housing facility will serve 90 extremely low-income homeless individuals and families that meet HUD's definition of homelessness. Attachment "A" Scope of Work 4-31 Outcome Evaluation Outcome 1: Maintain case files documenting beginning status of activities (e.g. housing, no income, no bank account), compared to ending status (e.g., finding stable housing, opening a bank account, establishing income). Outcome 2: Staff will administer Customer Satisfaction Questionnaires to help determine accomplishment of case plans. Outcome 3: Track Bank Accounts to determine savings accumulated needed for self sufficiency. B. DOCUMENTATION OF HOMELESSNESS Maintain adequate documentation of homelessness status to determine the eligibility of persons served by HUD's homeless assistance programs. The documentation shall be obtained by the participant or a third party at the time of the referral, entry, intake, or orientation to the-ESG-funded project. A copy of the documentation shall be maintained in the client file. A person is considered homeless only when he/she resides in one of the places described below: . In places not meant for human habilitation, such as cars, parks, sidewalks, abandoned buildings, on th e street; . In an emergency shelter; . In transitional or supportive housing for homeless person who originally came from the streets or emergency shelters; . In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution; . Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks need to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habilitation; . Is being discharged within a week from an institution in which the person has been a resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or . Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. C ESTIMATED BUDGET: Contractor will make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall Contractor be entitled to, or shall funds be reimbursed in excess of, the total compensation described in Paragraph No.3 (COMPENSATION SECTION) of this Contract. Essential Services Costs (24 CFR 576.3): . Child Care $ 15,000 . Bus Vouchers $ 2800 T ota! Essential Services $17,800 Operational Costs (24 CFR 576.21(a)(3): . Salaries & Benefits Maintenance $ 8,776 . Salaries & Benefits Maintenance Staff $ 3,117 . Insurance $ 4,407 . Office and Consumable Supplies $ 791 . Telephone and Utilities $13,832 . Repairs and Maintenance $ 8,846 . Food $10,000 . Securitv $16 200 T ota! Operations $65,969 Total Budget $8x,xxx Attachment "A" Scope of Work 4-32 --.---- D. CONFIDENTIALITY Contractor agrees to maintain confidentiality of any information regarding applicants, project participants or their families, which may be obtained through application forms, interviews, tests, reports, or any other source. However, it is agreed that the Contractor or Contractor's agency may release information or provide access to applicants, project participants, or their families to their own respective records in the following circumstances: 1) a release of information or other written consent is obtained from the applicant or project participant; and 2) the information is only provided to the City of Chula Vista or other appropriate service providers where said provider was the referral agent to the program. Such information shall be divulged for purposes related to the best interest of the participant, the audit, and evaluation of the Contract, and then only to persons having responsibilities under the Contract. The federal regulation at 24 CFR 576.56 (a)(2) describes this requirement. Attachment "A" Scope of Work 4-33 ~ (f.c- -.- --- ---. - - -- - ATIACHMENT B 0lY OF CHUlA VISTA ~SURANCEREQU~MENTSFORCONTRACTORS Contractor must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement or work. The insurance must be maintained for the duration of the contract. MInimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. MinImum Umits of Insurance Contractor must maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable. ) $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Automobile Liability: $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 3. Workers' Compensation Employer's Liability: 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 Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of ChuIa VIsta, its officers, offIdals, employees, agents, and volunteers are to be named as additional insureds with respect to Habmty arising out of automobOes owned, leased, hired or borrowed by or on behalf of the contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the contractor including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using /SO CG 2010 (11/85) or its equivalent SpecIficaJJy, the endorsement must not exclude Products I Completed Operations coverage. 2. The contractor's insurance coverage must be prlmcuy insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, Attachment "6" insurance Requirements 4-34 officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. 4. Coverage shaIl not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of CaIlfomia with a current AM Best's rating of no less than A V If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subconiractors Contractor must include all subcontractors as insureds under its policies or furnish separate certificates an, endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirement included in these specifications. Attachment "B" Insurance Requirements 4-35 ATIACHMENT 'C. HUD INCOME LIMITS 2009-CITY OF CHULA VISTA 1 $ 44 250.00 $ 27650.00 $ 16600.00 2 $ 50550.00 $ 31600.00 $ 18950.00 3 $ 56900.00 $ 35550.00 $ 21 350.00 4 $ 63 200.00 $ 39500.00 $ 23 700.00 5 $ 68 250.00 $ 42650.00 $ 25 600.00 6 $ 73,300.00 $ 45 800.00 $ 27 500.00 7 $ 78350.00 $ 49 000.00 $ 29400.00 8 $ 83 400.00 $ 52 150.00 $ 31 300.00 Attachment "C" Income Limits 4-36 ATIACHMENT "C. (Continued) ESG FUNDED PROJECTS Your cooperation in filling out this form is requested. Record keeping on income of participants in the Emergency Shelter Grant program is a condition of receipt of federal funds for the program. The information provided on this form will remain confidential but may be subjected to verification by responsible local and federal agencies. Self-identification of race and ethnicity is voluntary. 1. What is the total number of persons in your household? 2. What is the total combined annual income of all members of your household? (Please check one line below.) _Below $44,,250 _$68,251-$73,300 _$44,251-$50,550 _$73,301-78,350 _$50,551-$56,900 _$78,351-83,400 _$56,901-$63,200 _Over $83,401 _$63,201-68,250 (NOTE: The above information is for 2009 and changes each calendar year. To obtain updated information go to httu://www.huduser.orQ/datasets/il.htmland search for income limits for the San Diego area.) 3 PI h k h b b I h b d b f ease c ec t e ox eowt at est escri es vour amiJv. HAC!: ETHNlCITY Check One Race Category Only Check Only If Also Hispanic White Black! African American Asian American Indian/Alaska Native Native Hawaiian/ Other Pacific Islander Multi-Racial: American Indian/Alaska Native AND White Asian AND White Asian AND Pacific Islander Black! African American AND White American Indian/Alaska Native AND Black!African American Other Multi-Racial Name: (Print) Household Address: Telephone Number: Signature: Note: Name, address, te!ephone and signature are optional. An unique identifier may be used to trace client served\ to meet ESG requirement Atiachment "C" Income Limits 4-37 Sample Documentation of Homelessness Participant Name: Referral Source: Phone: Current Dvina Situation (Check one): Mn ltuation Documentation e e Residing in a place not meant for human Agency staff/outreach workers should prepare written information obtained from an identified third habitation such as a cars, parks, sidewalks, party regarding the participant's recent whereabouts. Statement must be signed and dated. abandoned buildinf'ls on the street Residing in an emergency shelter. Written verification (signed and dated and on agency letterhead) from emergency shelter staff that the individual is residinq in the shelter. Residing in transitional or supportive housing for Written verification (signed and dated and on agency letterhead) from the transitional housing homeless persons who originally came from the facility staff: streets or an emergency shelter. . Indicating the individual is 21 resident there; and . The individual's was either residing in places no;;~eant for human habitation or an emer.....enc shelter when he/she entered the facili . In any of the above places but is spending a short . Written verification (signed, dated and on agency letterhead) from the discharging time (up to 30 consecutive days) in a hospital or institution's staff that the participant has been residing in the institution for less than 30 other institution days; and . Information on the previous living situation. Preferab1y, this will be the institution's written, signed, and dated verification on the individual's homeless status when he/she entered the institution. . If the institution's staff did not ~~rify the individual's homeless status upon entry into the institution_ \10U will need to veri that status' 'ourself accordina to the instructions above Is being evicted within a week from a private Agency staff/outreach workers should obtain 21 copy of eviction forms and written verification dwelling unit and no subsequent residence has that the person lacks resources and support netuJorks. Statement must be signed and dated. been identified and the person lacks the resources and support netuJorks needed to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habitation Is Being discharged within a week from an . Written verification (signed, dated and on agency letterhead) from the discharging institution in which the person has been residing institution's staff that the participant has been residing in the institution for less than 30 for more than 30 consecutive days and no days; and subsequent residence has been identified and the . Information on the previous living situation. Preferably, this will be the institution's written, person lacks the resources and support needed to signed, and dated verification on the individual's homeless status when he/she entered the obtain housing. institution. . If the institution's staff did not verify the individual's homeless status upon entry into the institution, you will need to verify that status yourself, according to the instructions above . Verifl.l the lack of resources Is fleeing a domestic violence housing situation Agency staff/outreach workers should prepare written information obtained from the participant and no subsequent residence has been identified stating the person is fleeing a domestic violence situation. Statement must be signed and and the person lacks the resources and support dated. networks needed to obtain housing. . Verify the lack of resources induding support netuJorks . Obtain cODies of restrainin..... orders. court orders. I certify that the information presented above is true and accurate. Required documentation is attached. Signature of Authorized Grantee/ Project Sponsor Representative Date Attachment "C" Income Limits 4-38 ATIACHMENT "D" Redevelopment and Housing Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. YleaSe laennry every person, mCluamg any agents, employees, consultants, or maependent contractors you have assigned to represent you before the City in this matter. 5. Has any person" associated with this contract had any financial dealings with an official"" of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No_ If Yes, briefly describe the nature of the financiai interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No_ Yes_ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent) to an official"" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No Attachment "D" Disclosure Statement 4-39 If Yes, which official** and what was the nature of item provided? Date: Signature of Subrecipient/Contractorl Applicant I-'nnt or type name ot :,ubreclplentlContractorl Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning board, commission, or committee of the City, employee, or staff members. Commissioner, Member of a Attachment "0" Disclosure Statement 4-40 ATTACHMENT 4 APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre-application o Construction U Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier D Non-Construction o Non..con"+ru"'+ion . 5. APPLICANT INFORMATION Legal Name: Oraanizational Unit: Department Organizational DUNS: Division: Address: Name and telephone number of person to be contacted on matters Street involving this application (aive area code) Prefix: First Name: City: Middle Name , County: Last Name State: lip Code Suffix: Country: Email: 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) DD-DDDDDDD 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) r New fO Continuation [[ Revision If Revision, enter appropriate letter(s) in box(es) pther (specify) See back of form for description of letters.) D D Other (specify) 9. NAME OF FEDERAL AGENCY: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLlCANrS PROJECT: DD-DDD TITLE (Name of Program): 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date' I Ending Date: a. Applicant b. Project 15. ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE nRDER 12372 PROC""S? a. Federal !$ [I THIS PREAPPLlCATIONIAPPLlCATION WAS MADE a. Yes. . AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant 1$ PROCESS FOR REVIEW ON c. State !$ DATE: d. Local 1$ b. No. rD PROGRAM IS NOT COVERED BY E. O. 12372 e. Other 1$ 0 OR P~~,GRAM HAS NOT BEEN SELECTED BY STATE FOR R VIEW f. Program Income ~ .'" 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT7 g. TOTAL !$ o Yes If uYesM attach an explanation. [J No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE TTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. A tho' e R r ent tiv Prefix I First Name Middle Name Last Name ~uffix . Title c. Telephone Number (give area code) . Signature of Authorized Representative e. Date Signed PrevIous Edition Usable Authorized for Local Reoroduction Standard Form 424 (Rev.9-2003) Prescrib~ bv OMS Circular A-1 02 4-41 INSTRUCTIONS FOR THE SF-424 Public reporting burden for this collection of infonnation is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as a required face sheet for pre-applications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entrv: Item: Entrv: 1. Select Type of Submission. 11 Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary descriotion of this oroiect. 2. Date application submitted to Federal agency (or State if applicable) 12. List only the largest political entities affected (e.g., State, and applicant's control number (if applicable). counties, cities). 3. State use only (if applicable). 13 Enter the proposed start date and end date of the project. 4. Enter Date Received by Federal Agency 14. List the applicant's COl1gressional District and any District(s) Federal identifier number: If this application is a continuation or affected by the program or project revision to an existing award, enter the present Federal Identifier number. If for a new- Droiect, leave blank. 5. Enter legal name of applicant. name of primary organizational unit 15 Amount requested or to be contributed during the first (including division, if applicable), which will undertake the funding/budget period by each contributor. Value of in kind assistance activity, enter the organization's DUNS number contributions should be induded on appropriate lines as (received from Dun and Bradstreet), enter the complete address of applicable. If the action will result in a dollar change to an the applicant (including country), and name, telephone number, e- existing award, indicate only the amount of the change. For mail and fax of the person to contact on matters related to this decreases, enclose the amounts in parentheses. If both basic application. and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown usinQ same cateQories as item 15. 6 Enter Employer Identification Number (EIN) as assigned by the 16. Applicants should contact the State Single Point of Contact Interna! Revenue Service. (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State interQovernmental review nrocess. 7. Select the appropriate letter in 17. This question applies to the applicant organization, not the the space provided. I. State Controlled person who signs as the authorized representative. Categories A. State Institution of Higher of debt include delinquent audit disallowances, loans and B. County Learning taxes. C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) H. Independent School O. Not for Profrt District Oraanization 8. Select the type from the following list: 18 To be signed by the authorized representative of the applicant. . "New" means a new assistance award. A copy of the governing body's authorization for you to sign . "Continuation" means an extension for an additional this application as official representative must be on file in the funding/budget period for a project with a projected completion applicant's office. (Certain Federal agencies may require that date. this authorization be submitted as part of the application.) . ~Revision" means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision enter the appropriate letter: A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. SF-424 (Rev. 7-97) Back 4-42 COUNCIL RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2009/2010 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION WITH EACH SUB-RECIPIENT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HUD GRANTS WHEREAS, as a Department of Housing and Urban Development (HUD) entitlement community, the City of Chula Vista receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and the Home Investment Partnerships Program (HOME); and WHEREAS, staff has prepared tbe Fiscal Year 2009/2010 Annual Action Plan per HUD Rules and Regulations ("Action Plan"); and WHEREAS, the City will receive a Fiscal Year 200912010 CDBG entitlement of $1,993,508; a Fiscal Year 2009/2010 HOME entitlement of $881,548; and a Fiscal Year 2009/2010 ESG entitlement of$88,198; and WHEREAS, the City has followed its Citizen Participation Plan and held public hearings on housing and community needs on November 25, 2007, and March 24, 2009, at which time public testimony was received and considered by the City Council witb respect to the Fiscal Year 2009/2010 Annual Action Plan; and WHEREAS, staff has determined that the proposed actlVltles eligible for CDBG funding meet the CDBG national objectives to benefit primarily low-income households or aid in the elimination of slums and blight; and WHEREAS, staff has determined that tbe sub-recipients identified in the Action Plan ("Sub-recipients") are experienced and staffed in a manner such that they can prepare and deliver the services required by the City; and WHEREAS, in the event that HUD withdraws the City's CDBG funding, the City is not obligated to compensate the sub-recipients for program expenditures; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista as follows: 4-43 Resolution No. Page 2 1. That it approves the Fiscal Year 2009/2010 Annual Action Plan for the Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME), and the Emergency Shelter Grant (ESG) Programs. 2. That it authorizes the City Manager or his designee to execute an Agreement for Management and Implementation for Fiscal Year 2009/2010 between the City of Chula Vista and each Sub-recipient in the form attached to the Agenda Statement as Attachments 2 and 3. 3. That it authorizes the City Manager to execute any and all related documents necessary to obtain the HUD grants. 'J , ,/ Presented by: Gary Halbert, P.E., AICP Deputy City Manager / Development Services Director 4-44 INFORMATION MEMO CITY OF CHliLA VISTA~ Redevelopment . & Housing DATE: May 5, 2009 VIA: Honorable Mayor and City Council Gary Halb~sistant City Manager/Development Services Director TO: FROM: Mandy Mills, Housing Manager~ May 5, 2009 City Council Agenda Item No. " 2009/2010 Federal Grant Funding (CD8G, HOME, ESG) RE: This memo has been prepared in response to recent confirmation by HU D of the 2009/2010 CDBG, HOME and ESG grant amounts and the effect on grant funding recommendations provided on Council Agenda Item No.4. On May 1, 2009, HU D released the final grant funding levels for the City's entitlement grant programs. Unfortunately, this was released after the deadline to submit the agenda statement for the May 51h Agenda Packets. The amounts used in the May 5, 2009 agenda statement were approximate levels provided by HUD. Detailed below are the estimated funding levels previousiy provided in contrast to the final funding amounts. . foi.....-,. ,,~.~ ,2009!~010 Fimding .' ,:<.e; ~\. 17'"' \.. Ff .lE:".V''(~",!. ,~' '"............'..... '. 4~~ ~ . '~.. ,. 'If . II'" '.. .;' ....."..\ 0" "",~.... . '. - . . J;l.: ,I '....."'.~. !""'" .'.,f --<I" ~ 11'" : %t.. . ~" ~. ".. > '"\- ..."., ". ~.,.." ,""; -, \ .~, ~ . '~ ;t , :,": ~ ~'t.' , .'Estlmated :: -!:.,' ActUal ;,. /Cl1aiige, CDBG $ 1,993,508 $ 2,003,723 +0.5% ESG $ 88,198 $ 87,879 -0.4% HOME $ 881,548 $ 1,007,225 + 14.26% Total $ 2,963,254 $ 3,098,827 +4.58% These numbers represent a slight increase to our CDBG program, a slight decrease to our ESG program and a more substantial increase to our HOME program. The impacts of these funding changes to the proposed funding recommendations are as follows: CD8G Program Il> Additional $2,048 to Administration and Planning functions l> Additional $6,631 to be allocated towards Capital Improvement Projects Page 2 of 2 add date here ~ Additional $1,540 to the Public Services Category to be evenly distributed among the Tier III category projects, detailed below: =",~,.\:;<'1- ~'l-~'~'~""-~""'F: ...",-~~--,-~ if"'-'-~~~-~~,....--ro---'-'~~--~" Arn~ nt~--""'-~~.--T~-' -~--- -,~~.;- .,c.<"*~' .~ "~''1':;~ '''e''lh,:S~'''''''~' l;"~'.Jdf""cl\I!......! '~", ,;t""'",,-, ou.... J- 'tI.....,,~ <" \'o~'"",~'1<1 ',^-' ;j ~... .~O' ~ . :O';:,"t '...... '$" _"~' '"t-~'"_ot ',;...;., ",' ~ ,~~," :.... /;Recommended '~')~;. . '\. "'':. .~. ","': $' ~',,,~>~":::::,-:"~~~"~~~~~~ . ~~.","*:tl~. :J>.:.,~-\.~t~~'i(Q5/Q5/09:': :Bn~i'iA,pQ~nl:~ ~ ~.~~~;,~" r'~Tab'~'9ir~.".....,(1~" r_.;.,;,"~'.~o.",?~ ",'H$ ~'I"" ~'f.!J ~'''~~:~ ~ ,.' >. Agenda Recommended' Arriountof ~ ::No, "Orgio~llontDept-" ;: ',' '" ",:P.rogfamlProjecl'" >>"0 '.~ 'StateInenl)." '.',(05/05/,09):' Increase South Bay Adult Day Health Care 16 Adult Protective Services Transportation $ 9,112 $ 9,330 $ 218 Chula Vista Community Chula Vista Family $ 191 17 Collaborative Assessment and Referral $ 35.433 $ 35,624 E:l Family Health Centers of KidCare Express Mobile 0:: $ 533 ~r 18 San Dieqo Unit $ 22,367 $ 22,900 !-. Chula Vista Veterans Home 20 Support Rehabilitation Services $ 2,899 $ 2,969 $ 70 Boys and Girls Club of Safe Kids Transportation $ 285 22 Chula Vista Services $ 11,940 $ 12,225 23 Chula Vista Recreation Dept. WizKidz Program $ 10,188 $ 10,432 $ 244 ESG Program .... Slight decrease (less than a half percent) in both Administration and Planning as well as homeless serVices, HOME Program .... Additional $12,567 to Administration and Planning functions .... Additional $112,955 for affordable housing projects. A revised "Attachment 1" is being provided here for action on Council Agenda Item NO.4, 2009/2010 Federal Grants Funding Requests and Reeommendations CDBG I HOME I ESG Regional Task Force on the Homeless Task Force on the Homeless S 1.000 S 1.000 $1.00U 2 Redevelopment and '-lousing Fair Housing Counseling Services $ 35.000 $ 35,UOO $35,000 3 Fair I-lousing Council of San Diego Fair Housing Audit Services $ 39.000 $ SIO,OOO CDBG Program Planning and 4 Redevelopment and Housing Administration S 350.R59 $ 358.754 $354.745 Total Requested and Rc('ommended $ 425.859 $400,i45 Surplus/Shortfall $ (25,114) $0 5 Meals on Wheels Meals-On- Whl:ds Chula Vista $ 13,000 $ $12.000 * ., 6 Lutheran Social Services Project Hand $ 24,000 $ i,3RO $ ] 8,530 ., :..J:p c.y' i Lutheran Social Services Caring Neighbor S 24.000 $ 20,000 SR,850 ::< South Bay Community Services Thursday's Meal SJO,OOO ~ y S 11.000 S 10,000 (':'V 10 Interfaith Shelter N<.:lwork Interfaith Shelter Ndwork S 10.350 S !OJ50 SIO,3511 II San Diego Food Bunk Food 4 Kids Bae-krack Program $ J I ,663 S SI5,OOO ** 8 South Bay Community Services Family Violence Treatment S 50.000 S 34,000 $34.000 " 12 Charles Chcnc\\'eth Foundation CommunilY Access Program $ 15,000 $ 1 LOOO $1 LOOO " 'It. 13 Chula Vista Recreation DepL Therareutic Recreation Services S ] 33.068 S 17.936 $17.936 'ffi YMCA Youth Development - 14 YMCA of San Diego (South Bay) Programs S 30.000 $ 29.R54 S29.854 Youth Services for High-Risk ,"" 15 South Bay Community Scn, ices Youth S 39.550 S 39,550 $39,550 South Bay Adult Day Health Care .' 16 Adult Protective Services 'rransportation S I LOOO S 11.000 S9,330 {I,' Chula Vista Community Chub Vista Family Assessment and " 17 Collaborative Referral S 45,000 $ 42,000 $35.624 - Family Health Centers of San ,~' 18 Diego KidCare Express Mobile Unit $ 30.000 S ?i,OOO $22,900 '~, Chula Vista Veterans Home 20 Support Rehabilitation Sen'ices S 3.600 S 3.500 S2,969 22 Boys and Girls Club of Chula Vista Safe Kids Transportation Services S 25,912 $ 14.413 $]2.225 ~,' 0' Chula Vista Recreation Dcrt. WizKidz Program S 18.560 S 12,299 S10:432 _0 Total Requested and Recommended $ 515,703 $300.550 Surplus/Shortf~11l $ (215,152) SO Attachment NO.1 2009/20] 0 Federal Grants Funding Requests and Recommendations (Continued) CD BGCapital' IIri PJ;(),;~rrient"(CII') it rid l;nblicFacilities 24 Engineering ADA Curb Cut Program $ 505"000 $ 390,000 $504.922 25 Finance Department Section] 08 Payment - Year Two $ 637.370 $ 637.370 $682An 26 MAAC Project Telecommunication System $ 30,000 $ $0 Family Health Centers of S3.I1 ChuJa Vista Family Health Center 27 Diego Expansion $ 40.000 $ 30.000 $0 South Bay Regional Homeless 28 South Bay Community Services Center $ J J 5.000 $]] 5.000 Total Reque5ted and Rl'{'ommended $ 1"327.370 $1.302.420 Surplus/Shortfall $ (24.950) $0 HOME Program Planning and 29 Redevelopment and I-lousing Administration $ 88.000 $ 89,949 $]00.723 30 Rcdc'velopment and Housin~ Production of Aff(lrdable Housing $ 793.54X $ $906.503 Total Requested and Recommended $ 881548 S 1.007.225 Su rplus/Shortfall $ 125.677 $0 31 Rcdt'\'clopmcnt and Housing 32 South Bay Community Services ESG Program Planning and Administration $ $ 4.394 $ 85.000 $ 89.394 4.394 83.769 $4.394 $X3.804 $88.198 $0 Casa NUC\'[l Vida Total RequesH'd <tnd Recommended $ Surplus/Shortfall $ (1,1%) .Ii/>.":;; ;'(J;:~';. ti~~,~ ~ i';;~.~ '">T * Applicant did not receive funding in 1008/1009; howevcr did recivc funding in 20071200X Denotes new applic~nt ** *** Funding Methodology (Tiers L II and Ill) Tier]: Basic Needs (Food, Housing, Emergency Services) Tier 2: Special Needs (At Risk Youth, Family Violence, Special Needs/Disabled) Tier 3' Other (Qeneral) Attachment No.1 " CITY COUNCIL AGENDA STATEMENT :S}\'f:.. CITY OF -~~CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: SUMMARY Item: :5 Meeting Date:OS/OS/09 PUBLIC HEARING TO CONSIDER REZONING A PARCEL AT 440 FOURTH A VENUE. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE ONE .17 ACRE PARCEL LOCATED AT 440 FOURTH AVENUE FROM R3 (MULTI-FAMILY RESIDENTIAL) TO CO (COMMERICAL OFFICE). ,11/ DEPUTY CITY MANAGEflibEVELOPMENT SERVICES DIRECTOR CITY MANAGER' 4/STHS VOTE: YES NO_X_ Consideration of a Rezone, PCZ-09-0l, to change the property from a Multi-Family Residential (R3) to a Commercial Office (CO) zone at 440 Fourth Avenue. Applicant: Efrain Mascareno ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the rezone request for compliance with the California Environmental Quality Act (CEQA) and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-01. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area. RECOMMENDATION Council conduct the public hearing and adopt the Ordinance. 5-1 Item No.: 5 Meeting Date: 5/05/09 Page 2 BOARDS/COMMISSION RECOMMENDA nON Design Review On March 16,2009, the Design Review Board approved the project. The Design Review Board added Condition Nos. 12 and 13 in regard to window treatments and the provision of colored concrete or scoring around the building (see Design Review Board Notice of Decision, Attachment 2). The Design Review Board reviewed the project parking and circulation plan and found it to be consistent with Chula Vista Design Guidelines. On April 8, 2009, the Planning Commission approved a variance to allow a 10-ft encroachment for the office building into the required rear setback. The Planning Commission considered the rezone on April 8, 2009 and voted unanimously, (5-0-0-2) to recommend that the City Council approve the proposed rezone to change the property from a Multi-Family Residential (R3) to a Commercial Office (CO) zone at 440 Fourth Avenue. DISCUSSION Project Site Characteristics: The 0.17-acre project site is located at 440 Fourth Ave between G Street and H Street. The project site is comprised of one parcel located in the urbanized northwestern portion of the City of Chula Vista (Attachment A-Location Map). The project site is relatively flat, with vehicular access from Fourth Ave. The project site currently contains three one-story detached residential buildings. The parcel is surrounded by other residential and commercial uses. As stated above, the office building was approved by the Design Review Board on March 16, 2009. The project proposes the demolition of existing residential buildings to construct a one- story 1,857 square-foot office building, including on and off-site improvements, paved parking lot, lighting, and landscaped treatment (see Attachment D, Project Plans). Project Data Assessor's Parcel Number: 568- 3 71-04-00 Current Zonin": R3 (Multi-Family Residential)* General Plan Designation: CO (Commercial Office) .. Lot Area: .1 7 acres PARKING REQUIRED: PARKING PROPOSED: Parking spaces, broken down as follows: Standard Spaces: 8 I per 200 Sq. ft. of floor area Disabled: I (1,857 sq. ft./200) = 9 Total: 9 Total: 9 SETBACKS/HEIGHT REQUlRED**: SETBACKS/HEIGHT PROPOSED: Front: 10 feet 101 feet Side: 0 feet o feet Side (Abutting R Zone): 5 feet 10 feet Rear: 10 feet o feet*** Height 45 feet 23 feet 5-2 Item No.: 5 Meeting Date: 5/05/09 Page 3 * City Council approval required for zone change from Multi-Family Residential (R3) to Commercial Office (CO). ** Commercial Office regulations pending City Council approval. *** Rear yard setback deviation approved by Planning Commission on April 8, 2009. General Plan, Zoning and Land Use General Plan Zoning Current Land Use Site: Commercial Office Multi-Family Residential* Residential Units North: Commercial Office Multi-Family Residential Residential Units South: Commercial Office Urban Core District Medical Offices East: Urban Core Residential Multi-Family Residential Residential Units West: Public Quasi Multi-Family Residential CV Jr. High School * City Council approval required for zone change from Multi-Family Residential to Commercial Office. ANALYSIS: Rezone: The proposed use is located in a Multi-Family Residential (R3) zone with a General Plan designation of Commercial Office (CO). The Multi-Family Residential (R3) zone does not allow for an office building, however, the General Plan designation of Commercial Office (CO) does allow an office use. Therefore, the Rezone application is necessary in order to change the zone from Multi-Family Residential (R3) to Commercial Office (CO) zone, and provide consistency with the General Plan. The "CO" zone is appropriate since it will implement the General Plan designation of Commercial Office as approved by the City Council on December 13,2005. The office building would comply with required development standards of the CO zone, including setbacks, (with the exception of the rear yard setback, for which a variance was granted), height restrictions and parking requirements contained in the Chula Vista Municipal Code. Conformance with Chapter 19.80 (Controlled Residential Development) of the Chula Vista Municipal Code Chapter 19.80 of the Chula Vista Municipal Code requires that the following be analyzed when a property is rezoned: 19.80.070 Chula Vista Zoning Code Modification A. Rezoning of property designated for residential development under the City's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: A Agricultural Zone RE. Residential Estates Zones R-I Single Family Residential R-2 One and Two-Family Residential Zone R-3 Apartment Residential Zone 5-3 Item No.: 5'" Meeting Date: 5/05/09 Page 4 The subject property is currently designated R-3. The above language addresses residentially zoned property that would be rezoned to a higher residential category. Since the property is proposed to be rezoned to a commercial designation consistent with the General Plan, the above referenced table does not apply to this rezone request. B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. This proposal does not involve the annexation of any lands. C. After property is annexed by the City, the prezoning approved fore the subject property cannot be amended or changed in any way for a two year period. The provision shall apply only to prezones approved after the effective date of this ordinance. This proposal does not involve the annexation of any lands. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. The property is being rezoned from residential to commercial. The first part of the above provision addresses property that is being rezoned trom commercial to residential; therefore, this portion of the above provision is not applicable. Since the site is presently zoned R3 (the highest residential classification pursuant to Chapter 19.80), it could not be rezoned back from commercial to a higher residential zoning classification. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of City Council and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. FISCAL IMP ACT The application fees and processing cost are paid for by the Applicant. There is no impact to the General Fund. ATTACHMENTS A. Locator Map B. Planning Commission Resolution, PCZ-09-0l C. Disclosure Statement D. Project Plans Prepared by: Caroline Young, Associate Planner, Planning Division J:\Planning1CAROLlNE\Discretionary PermitslOffice Bldg 440 Fourth AvelCC ReportsIPCZ-09-0J CC StqffReport.doc 5-4 5-5 ATTACHMENT A Locator Map . \ ~ PROJECT . lOCATION !) C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT MPAArchitects Inc. PROJECT DESCRIPTION: (2) APPLICANT: ZONE CHANGE PROJECT 440 Fourth Av Project Summary: Demolish three existing residential buildings ADDRESS: and construct a one story 1,857 Sq. Ft. Office building. Proposed SCALE: J FILE NUMBER: re-zone from R3 to CO to be consistent with GP designation of CO. Nl No Scale PCZ-09-01 Related cases: ZAV.{J9.{J3. 1S.{J9.{J03. DCR.{J9.{Ja -- - -_.- L:\Gabe Files\lacators\pcz0901.cdr 10.03.08 5-6 --~--- '-~-~.~ ---~-- .~ ATTACHMENT B Planning Commission Resolution, PCZ-09-01 5-7 ~ RESOLUTION NO. PCZ-09-01 RESOLUTION OF THI;: CITY OF CHULA VISTA PLANNING COMMISSION RECOMtvlENDING THAT THE CITY COUNCIL ADOPT REZONE PCZ-09-0 I FOR. I 7 ACRES LOCA TED AT 440 FOURTH AVENUE. WHEREAS, a duly verified application for a Rezone was filed with the City ofChula Vista Planning Department on September 19,2008, by Efrain Mascareno ("Applicant"); and WHEREAS, the Applicant requests approval of an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from a Multi-Family Residential (R3) Zone to a Commercial Office (CO) zone ("Project"); and WHEREAS, the area of land commonly known as 446 Fourth A venue, which is the subject matter of this Resolution, and is depicted in Exhibit "A", attached hereto and incorporated herein by this reference, consists of one site totaling .17 acres located at 440 Fourth Avenue ("Project Site"); and WHEREAS, The Environmental Review Coordinator has reviewed the rezone request for compliance with the California Environmental Quality Act (CEQA) and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-0 I. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQA Guidelines, since it is new construction under2,500 square-feet in floor area; and . . WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least lO days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., AprilS, 2009, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on AprilS, 2009, as . . set forth in the record of its proceedings therein, and having made certain findings, as set forth in their recommending Resolution PCZ-09-0lrecommends that the City Council approve the Project, based on certain terms and conditions. 5-8 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached City Council Ordinance adopting Rezone PCZ-09.0I, rezoning the Project Site from a Multi-Family Residential (R3) Zone to a Commercial Office (CO) zone. -- BE IT FURTHER RESOL VED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of April, 2009, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: William C. Tripp, Chair ATTEST: Diana Vargas, Secretary . . Presented by: Approved as to form bv: (J ~{~~ Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director J:\Planning\Caroline\Descretionary Permits\Office BuiJding 440 Fourth Ave\PCZ-09-O I PC Reso.doc 5-9 \ ~ PROJECT lOCATION C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT MPAArchitects Inc. PROJECT DESCRIPTION: C) APPLICAN1: ZONE CHANGE PROJECT 440 Fourth Av Project Summary: Demolish three existing residential buiidings ADDRESS: and construct a one story 1.857 Sq. Ft. Offi.ce building. Proposed SCALE: I FILE NUMBER: re-zone from R3 to CO to be consistent with GP designation of CO. , No Scale PCZ-09-01 Related cases: ZAV~9-<J3. 15-09-<J03. DCR~~8 L:\Gabe Files\Jocators\pcz0901.cdr 10.03.08 5-10 EXHIBIT A --~_.~ ..----.--- 5-11 -~'."'-' -.-.-.., '--','.--..,' ...-......-.-..........--..-.--....---.--,.--.-- ATTACHMENT C Disclosure Statement . '~;rt.. -I\\!J- ~ -: P I ann ng & Building Planning Division Department Development Processing CIlY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: . 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. fr&\~ ~,f'rt1,WD' ;.i2.,'iI, D 1:\-. ~\\DU!\ \ )\L:,TA (Pi C\ Ie, \ '3 I . 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 3. 5. Piease identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ~~(~~~?IDq Has any person' associated with this contract had any financial dealings f an officiai" of the City of Chura Vista as it relates to this contract within the past 12 months. Yes_ No 4. If Yes, briefiy describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contributi<<;y of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No f- Yes _ [f yes, which Council member? 276 Fourth Avenue Chula Vista I California 5-12 91910 (619) 691-5101 ~\{?- N4'- . - p I ann n g & Building Planning Division Department Dev~lopment Processing CITY OF CHULA VISTA APPLICATION APPENDIX 8 Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista In the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ NoX If Yes, which official" and what was the nature of item provided? ~;?~ Signature of Contr or pplicant L t.S fJ J:U ["i2.Sd1-ruE.J2.-. type name. of Contractor/Applicant Date: Q \ \ \ \ tB '. \ Print or , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. " Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Mem,ber of a b~ard, commission, or committee of the City, employee, or staff members, 276 Fou rth Avenue Chula Vista I California 5-13 91910 (619) 691-5101 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.0IO TO REZONE ONE .17 ACRE PARCEL LOCATED AT 440 FOURTH AVENUE FROM R3 (MULTI-FAMILY RESIDENTIAL) TO CO (COMMERICAL OFFICE) 1. RECITALS A. Project Site WHEREAS, the subject matter oftrus Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified as Exhibit "A," attached hereto; and B. Project; Application for Discretionary Approval WHEREAS, an application was made by Efrain Mascareno ("Applicant") to amend the Zoning Map and was filed with the City of Chula Vista Development Services Department on September 19,2008; and C. Prior Discretionary Approvals WHEREAS, The Environmental Review Coordinator has reviewed the rezone request for compliance with the California Environmental Quality Act (CEQA) and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-0 1. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area; and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on April 8, 2009, and voted 5-0-0-2 to recommend that the City Council approve the rezone in accordance with the Findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on April 8, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record on Applications 5-14 WHEREAS, a duly called and noticed public hearing was held before the City Council of the City ofChula Vista on May 5, 2009 on the Project to receive the recommendations ofthe Planning Commission, and to hear public testimony with regard to same. II NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista does hereby find and determine as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the rezone request for compliance with the California Environmental Quality Act (CEQA) and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-0 I. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area. B. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council has exercised their independent review and judgement and concurs with the Environmental Review Coordinator's determination that the proposed office building complies with the California Environmental Quality Act and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-0!. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) ofthe State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area. C. FINDINGS FOR COMMERICAL OFFICE ZONE AMENDMENTS The City Council hereby finds that the Findings and determinations made by the Planning Commission continue to be true and correct, and the proposed Commercial Office rezone is consistent with the City of Chula Vista General Plan, and is found to be a public necessity, and a good zoning practice. D. APPROVAL OF ZONING REGULATIONS The City Council does hereby approve the proposed Commercial Office rezone, which will allow the one-story 1,857 square foot office building. III. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. 5-15 IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director 5-16 CITY COUNCIL AGENDA STATEMENT ~~f:. CI11' OF ---...<: (HULA VISTA MA Y 5, 2009, Item ~ ITEM TITLE: PUBLIC HEARING TO CONSIDER AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN TO ALLOCATE $819,738 OF HOMELESS PREVENTION FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO OBTAIN THE HUD GRANT FUNDS /IV DEPUTY CITY MANAGE~ DEVELOPMENT SERVICES DIRECTOR TGJ4- CITY MANAGLr;- 4/5THS VOTE: YES D NO ~ REVIEWED BY: SUMMARY The purpose of the public hearing is to solicit public input on the proposed amendment to the 2008/2009 Annual Action Plan to allocate $819,738 of new Homeless Prevention and Rapid Re-Housing Program (HPRP) fimds established by the American Recovery and Reinvestment Act (Recovery Act). ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the National Environmental Policy Act (NEP A) and has dete=ined that the project qualifies for a Certification of Exemption pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development (HUD) Environmental Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council conduct the public hearing and adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable 6-1 _.. ,~_" __~ ~.__ ....,___.~_~.__. __ ___n_n__._. ,_.,,_ ,._..__ __..~ ...._. ___~_"_'~_"'~___.'___" _,". 5/5/09, Item ~ Page 2 DISCUSSION On March 6, 2009, BUD notified the City of Chula Vista that the City is eligible to receive up to $819,738 of HPRP funds, one-time stimulus funds authorized under the Recovery Act. Generally, the intent of HPRP assistance is to rapidly transition program participants to stability, either through their own means or through public assistance, as appropriate. The priority is to serve households that are most in need of temporary assistance and are most likely to achieve stable housing after HPRP program concludes. The funds may not be used to assist households at risk of foreclosure. HPRP is focused on housing for at risk households-who are homeless or would be homeless, but for this assistance, including temporary financial assistance paid directly to a third party (i.e. utility company, landlord) and housing relocation/stabilization services. A more detailed discussion of eligible uses is provided as Attachment 1. In order to receive the grant funds, the City must submit to HUD an amendment to the existing Annual Action Plan by May 18, 2009 identifying how funds will be allocated. Proposed Plan The proposed substantial amendment includes the allocation of $819,738 in HPRP fund using HUD's form (HUD-40119). The HUD form includes a general information section, a description of the City's citizen participation and public comments received, a brief description of the distribution and administration of funds, collaboration efforts, and an estimated budget summary. After review of the eligible uses, identification of service gaps, and public input, staff has identified those activities that most directly prevent homelessness, as follows: . Target HPRP funds for prevention (86%), with a small component to rapid re-housing (14%). Within those targets, direct financial assistance for housing is the largest line item (75%), with 25% going towards service provision. A rough estimate of the number of households served is 50, but this depends on how many months households will require rental assistance. . Households could be referred by a variety of sources (school liaisons, 211, social service providers, etc.), but would all come through one agency. . South Bay Community Services (SBCS) is the recommended social service agency to implement this program. They will provide, or subcontract for all necessary services. SBCS is the lead agency for the south bay region in the Regional Continuum of Care, and are active members of the South Bay Homeless Advocacy Coalition. South Bay Community Services has the experience and capacity to manage the service delivery as well as rental assistance administration. . Clients can access case managers at either the County's Health and Human Service Agency (HHSA) Family Resource Center located at 690 Oxford, or the SBCS' offices located at 1124 Bay Blvd, Suite D. Case managers will also make appointments out in the community and visit clients when necessary,. County HHSA has tentatively agreed 6-2 5/5/09, Item (p Page 3 to house the case worker/so A Memorandum of Understanding (MOU) would be necessary between the social service agency and HHSA. . Case managers would provide intake, assessment, referrals, and other housing and stabilization services. · Rental assistance payments will be made by SBCS. The case manager will evaluate the families need every 3 months, with a maximum assistance of 12 months. · Follow-up, data collection and evaluation are important indicators of program success. Data collection via the Homeless Management Information System (HMIS), or similar system, is necessary. There is a regional effort to contract with the San Diego county HMIS lead agency for both local and regional level data collection and analysis. A diagram summarizing the proposed model is included as Attachment 2, with the prescribed HUD form as Attachment 3. Financial Assistance $478,325 $75,000 $553,325 Housing Relocation and $159,441 $25,000 $184,441 Stabilization Services Subtotal $637,766 $100,000 $737,766 Data Collection and Evaluation $40,986 Administration (up to 5% of allocation, split between Grantee and $40,986 Subgrantee) Total HPRP Amount Budgeted $819,738 These are estimated amounts. Any cost savings in service delivery or data collection would go toward direct financial assistance. Citizen Participation Process Staff has been working diligently since notice of the award to encourage input on the program. The City of Chula Vista held two workshops to educate residents of potential American Recovery and Reinvestment Act funds coming to the City, and to receive feedback on the various sources. Staff also participated in six regional meetings in an effort to create a regional plan for HPRP funds. The regional group included other jurisdictions receiving the funds, SANDAG, Regional Task Force on the Homeless, San Diego Workforce Partnership, United Way, San Diego Grantmakers, the Regional Continuum of Care, and San Diego County HHSA. Another meeting was held with the South Bay Homeless Advocacy Coalition consisting of the homeless provider network in the South Bay region, as HPRP grantees are encouraged to include consultation with the Continuum of Care (homeless provider network) in the appropriate jurisdiction. 6-3 Date 2/26 3/12 3/23 3/23 3/26 3/26 4/2 4/6 4/13 4/16 5/5/09, Item-':z Page 4 ional Plan As required, a 12-day comment period to allow for the public to review the proposed amendment and make comments or suggestions began on April 24th and will end on May 6, 2009. To maximize transparency, materials are also posted on the City's web site. As of the date of this report, there were no comments received. Comments received after the date of this meeting will be incorporated into the amendment. Next Steps Staff will incorporate all public comments received by the deadline and submit the Action Plan Amendment by May 18,2009. Then City staff will work on agreements with outside agencies for implementation of the program. City staff will bring back agreements for City Council approval during the summer. HUD anticipates final approval and funding the program for an October I, 2009 start date. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(1) is not applicable to this decision. FISCAL IMP ACT HPRP funds are available to the City to help prevent very low income households from becoming homeless from the U.S. Department of Housing and Urban Development. Direct financial assistance, housing stabilization services and related administration are eligible HPRP uses. Funds totaling $819,738 will be allocated to a new non-CIP project number for this purpose, and funds will be budgeted through the budget process for FY 2010. CURRENT YEAR FISCAL IMPACT Staff time spent on outreach and drafting the Action Plan 'Amendment is reimbursable up to the administrative cap. 6-4 5/5/09, Item_Ie Page 5 ONGOING FISCAL IMPACT The majority of expenditures are direct service delivery costs by outside agencies. These will be reimbursed from the grant. Administrative duties that exceed tbe cap are absorbed by existing revenue offset staff. A TT ACHMENT 1. Summary ofHPRP Eligible Uses 2. Homeless Prevention Service Model 3. 2008/2009 Draft Annual Action Plan Amendment Prepared by: Amanda Mills, Housing Manager, Development Services Department 6-5 ATTACHMENT 1 HPRP ELIGIBLE USES Funds will provide financial assistance and services to prevent households from becoming homeless and help those who are experiencing homelessness to be quickly re-housed and stabilized. Funds allow for a variety of assistance, including: short (3 mos.) or medium term (up to 18 mos.) rental assistance, security deposit, and housing relocation and stabilization services. Funds must be spent within 3 years. General Program Areas: Prevention -working with near homeless to prevent homelessness Diversion -immediate efforts to salvage a situation that may lead to homelessness Rapid Re-Housing -persons already homeless needing housing The program consists offour eligible activities: Financial Assistance-Financial assistance includes the following actlvlues: rental assistance, security deposits, utility deposits, utility payments, moving cost assistance, and mote] or hotel vouchers. Short (3 mos.) and medium (up to 18 mos.) term rental assistance is tenant-based rental assistance that can be used to allow households to remain in their existing units or to help them obtain and remain in rental units. Rental assistance may be used to pay up to 6-months of rental arrears to avoid eviction/unlawful detainer. Total rental assistance may not exceed a total of 18 months. After three months, if program participant receiving short-term rental assistance need additional financial assistance to remain housed, they must be evaluated for eligibility to receive additional months of rental assistance. Must verify eligibility at least once every three months for program participants receiving medium-term rental assistance. Utility assistance may be used to pay up to 18 months of utility payments, including up to 6 months of utility payments in arrears. Housing Relocation and Stabilization Services/Case Management-Case Management funds may be used for activities for the arrangement, coordination, monitoring, and delivery of services related to meeting the housing needs of program participation and helping them obtain housing stability. In addition to traditional case management functions, eligible housing stabilization services include: housing search and placement, legal services, and credit repair. Data Collection and Evaluation-Data collection and evaluation includes costs associated with operating HUD-approved homeless management information systems for purposes of collecting unduplicated counts of homeless persons and analyzing patterns of use of HPRP funds. The Recovery Act requires participation in data collection through HMIS or a comparable client-level database. Administrative Costs-Limited to 5% of the total grant and grantees shall share a reasonable and appropriate amount of their administration funds with subgrantees. 6-6 ATTACHMENT 2 HOMELESS PREVENTION SERVICE MODEL 6-7 --" --.--, .. --_._~---- .....--.---.-.-"-.--..-.,."....-----.-. -"..~~ ... -_. --.,.----.----.-.- ATTACHMENT 3 Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) HUD-401l9 A. General Information Grantee Name City of Chula Vista Name of Entity or City of Chula Vista Redevelopment and Housing Department Administering Funds HPRP Contact Person Jose Dorado (person to answer questions about this amendment and HPRP) Title Project Coordinator II Address Line 1 276 4th Avenue Address Line 2 City, State, Zip Code Chula Vista, CA 91910 Telephone 619-476-5375 Fax 619-585-5698 Email Address i doradorZVci. chula - vista. ca. us Authorized Official James D. Sandoval (if different trom Contact Person) Title City Manager Address Line 1 2764'" Avenue Address Line 2 City, State, Zip Code Chula Vista, CA 91910 Telephone 619-691-5031 Fax 619-409-5844 Email Address i sandovalrZVci.ch ula - vista.ca. us Web Address where this http://www.chulavistaca.gov/Citv ServiceslDevelopment S Form is Posted ervices/Redev Housing/Housing/default. asp Amount Grantee is Eligible to Receive* $ 819,738 Amount Grantee is Requesting $ 819,738 · Amounts are available at http://www.hud.gov/recoverv/homelesspreventrecov.xls HUD-401l9, (page 1 of8) 6-8 B. Citizen Particination and Public Comment 1. Briefly describe how the grantee followed its citizen participation plan regarding this proposed substantial amendment (limit 250 words). Response: Consistent with our Citizen Participation Plan, City of Chula is undertaking several activities to provide reasonable notice and an opportunity to comment on this proposed substantial amendment to the 2008/2009 Action Plan. In preparation of the substantial amendment, the City attended, facilitated, and/or held several meetings (described below). With the input and comments received, the substantial amendment in draft form, will be posted on the City's web site and a notice published in Star News to start the 12-day public comment period. Date 2/26 3112 3/23 3/23 3/26 3/26 4/2 4/6 4/13 4/16 04/20 04/24 - 05/06 05/05 Cit Council Public Hearin 2. Provide the appropriate response regarding this substantial amendment by checking one of the following options: o Grantee did not receive public comments. o Grantee received and accepted all public comments. o Grantee received public comments and did not accept one or more of the comments. The public comment period is open from April 24 2009 through May 6, 2009. This section will be completed after the close of the public comment period. 3. Provide a summary of the public comments regarding this substantial amendment. Include a summary of any comments or views not accepted and the reasons for non- acceptance. HUD-40119 (Page 2 of8) 6-9 Response: The public comment period is open trom April 24, 2009 through May 6, 2009. This section will be completed after the close of the public comment period. C. Distribution and Administration of Funds Reminder: The HPRP grant will be made by means of a grant agreement executed by HUD and the grantee. The three-year deadline to expend funds begins when HUD signs the grant agreement. Grantees should ensure that sufficient planning is in place to begin to expend funds shortly after grant agreement. I. Check the process( es) that the grantee plans to use to select sub grantees. Note that a subgrantee is defined as the organization to which the grantee provides HPRP funds. o Competitive Process o Formula Allocation [8J Other (Specify: Subgrant to the Continuum of Care lead agency for the south bay region, South Bay Community Services (SBCS) and the lead agency/ies for Service Point, the regional Homeless Management Information System (HMIS). 2. Briefly describe the process(es) indicated in question I above (limit 250 words). Response: The City of Chula Vista intends to subgrant HPRP funds to outside agencies to deliver services under this program. : South Bay Community Services will be responsible for overseeing service delivery and providing direct financial housing assistance. The lead agencylies as determined by the Regional Continuum of Care for HMIS will be responsible for the data collection/analysis component. SBCS is an active member of the Regional Continuum of Care (CoC) and familiar with the community, as the CoC lead agency for the south bay region. Once the grant agreement is signed with HUD, the City will enter into agreements with the outside agencies. The City has already been engaged in several planning and coordination meetings (see B.I above) to ensure the program will be implemented shortly after the grant agreement is signed by HUD and the City. Once the substantial amendment is submitted to HUD, the City will coordinate subgrantee responsibilities and reporting requirements in compliance with the ARRA and HPRP. 3. Briefly describe the process the grantee plans to use, once HUD signs the grant agreement, to allocate funds available to sub grantees by September 30,2009, as required by the HPRP Notice (limit 250 words). Response: As described in #2 above, the City will enter into agreements for the activities described in C.2 above. The City will encourage SBCS to enter into Memorandums of Understandings with collaborating agencies to better identify available resources and responsibilities. In addition, the City, is considering collaborating with other San Diego area agencies receiving HPRP assistance with the HMIS data collection HUD-40119 (Page 3 of8) 6-10 and evaluation services with the Service Point lead agency/ies to encourage a regional approach and avoid duplication of effort. 4. Describe the grantee's plan for ensuring the effective and timely use ofHPRP grant funds on eligible activities, as outlined in the HPRP Notice. Include a description of how the grantee plans to oversee and monitor the administration and use of its own HPRP funds, as well as those used by its subgrantees (limit 500 words). Response: The City's Housing division will administer the HPRP program, overseeing and monitoring the use of funds by outside agencies. Program planning was initiated in March and staff will continue coordinating activities over the next several months so that implementation of program activities may begin as soon as possible after execution of the grant agreement with HUD, which is anticipated in September. Planning will include reviewing local and national homeless prevention and rapid re-housing strategies and models, and consistency with CoC prevention strategies and federal requirements. In consultation with the subrecipients receiving HPRP funds, the CoC and the South Bay Homeless Advocacy Coalition, City staff will help develop the initial screening and intake process and forms, outreach plan, referral processes, and program timeliness and benchmarks consistent with HPRP requirements and performance outcomes. The staff lead will ensure timely submission of quarterly and annual reports, monitor and evaluate HMIS data, provide program technical assistance and compliance with HPRP implementing regulations, the ARRA, and other federal regulations. The staff lead will also continue to receive updated information using HUD's HRE website, available HUD trainings and web casts and information from National Council to End Homelessness. The staff lead will closely monitor the subrecipients to ensure that services are being provided effectively and efficiently. The stafflead will directly monitor compliance with all the four eligible activities, and confer with the Housing Manager and finance staff on administrative activities. The lead staff will closely monitor BUD timelines to meet expenditure and programmatic requirements and will confer with other staff as appropriate to ensure program success. In addition, lead staff will monitor the subrecipient agreements scope of work including reviewing performance measurements and outcomes consistent with HPRP and ARRA program regulations. The lead staff, prior to commencement of program activities, may provide subrecipient training session(s) as needed during implementation ofHPRP activities. As soon as the grant agreement with BUD is executed, which is anticipated in September 2009, the staff lead will provide on going guidance as need to implement the program. There is a regionaleffort to work with the HMIS lead agency/ies for the local region. Program delivery staff will enter the data into HMIS, which will provide timely access to data for reporting and evaluation. Staff from the City SBCS and HMIS will work closely to ensure accuracy of data needed to meet the HPRP reporting requirements and will continue to do so during the HPRP grant period. HUD-40 119 (Page 4 of 8) 6-11 The Housing Manager will meet on a regular basis with the team to oversee and monitor administration of these funds, program implementation, program evaluation and performance, and compliance with federal requirements. The City will have internal controls in place to separately track and report on funds and activities per HPRP and federal requirements. RH stafflead and subrecipients shall follow a Code of Ethics to ensure program funds are spent on eligible activities and Conflict ofInterest is avoided. D. Collaboration I. Briefly describe how the grantee plans to collaborate with the local agencies that can serve similar target populations, which received funds under the American Recovery and Reinvestment Act of 2009 from other Federal agencies, including the U.S. Departments of Education, Health and Human Services, Homeland Security, and Labor (limit 250 words). Response: SBCS will provide/coordinate financial assistance, housing relocation and stabilization services. They will have offices at their main location in Chula Vista, as well as the local Health and Human Services office. The HHSA office is located near public transit and clients are able to access other social services. The SBCS case manager will collaborate with local agencies that serve similar populations. Staff will coordinate with other agencies receiving ARRA funds to become knowledgeable of assistance and eligibility requirements, and to develop a referral process that may assist HPRP program participants obtain the appropriate supportive services to assist them in achieving and maintaining housing stability. Coordination with other services funded by ARRA are detailed below: A. U.S. Department of Education-Chula Vista Elementary School District- The Chula Vista Community Collaborative (CCVC) manages 4 family resource centers that will be refer clients to the lead agency. B. Department of Labor- The case manager will work together with the job coaches located at the South Bay Career Center. C. Department of Homeland Security- The case manager will refer clients to access rental assistance programs offered by the office of Federal Emergency Management Agency. D. Health and Human Services- The case manager will work together with HHSA to determine eligibility for social services. As more information becomes available regarding the use of these funds locally, staff will continue its efforts to determine whether participants may benefit through coordination of services and establish a process for connecting participants to ARRA funded services. HUD-40 119 (Page 5 of 8) 6-12 2. Briefly describe how the grantee plans to collaborate with appropriate Continuum(s) of Care and mainstream resources regarding HPRP activities (limit 250 words). Response: Collaboration began with several regional meetings, including the CoC, sponsored by San Diego Grantmakers in March and into April (described in 8.1 above). All direct entitlement grantees were provided an overview of the HPRP notice, provided a venue for questions and answers, and discussed the options for administering the program. Staff will continue to attend coordination meetings with the other jurisdictions on strategies for an effective program. Coodination will include planning and process for coordinating existing prevention and rapid re-housing activities that are implemented in the community. The City, will also collaborate with its subrecipients who are active members of the CoC and South Bay Homeless Advocacy Coalition (SBHAC), a regional collaborative that meets regularly to address homelessness. City staff and the SBHAC have a long history of collaboration on homeless issues including the development of transitional housing and a tenant-based rental assistance program. Staff has also met with staff responsible for the San Diego PTECH to obtain feedback on the City's HPRP activities and recommended funding levels. 3. Briefly describe how HPRP grant funds for financial assistance and housing relocation/stabilization services will be used in a manner that is consistent with the grantee's Consolidated Plan (limit 250 words). Response: The City ofChula Vista 2005-2010 Consolidated Plan (Plan) identifies needs and strategies for assisting persons who are homeless or at risk of homelessness to achieve housing stability through mainstream resources. HPRP funds will used to address these needs and help meet the current five-year strategies and objectives. The Plan identifies the need to expand housing and provide stabilization and other case management services to help the homeless persons access and sustain housing. HPRP funds will be used to address these needs by providing financial assistance, and housing relocation and stabilization services for homeless persons, which may include: short and medium-term rental assistance, security deposits, utility deposits, utility payments, and moving cost assistance. Case management services may provide housing relocation and resources. These services are consistent with the City's Consolidated Plan. HUD-40 119 (Page 6 of 8) 6-13 E. Estimated Budl!et Summary HUD requires the grantee to complete the following table so that participants in the citizen participation process may see the grantee's preliminary estimated amounts for various HPRP activities. Enter the estimated budget amounts for each activity in the appropriate column and row. The grantee will be required to report actual amounts in subsequent reporting. HPRP Estimated Budget Summary Homelessness Rapid Re- Total Amount Prevention housing Budgeted Financial Assistance' $478,325 $75,000.00 $553,325 Housing Relocation and $159,441 $25,000.00 $184,441 Stabilization Services2 Subtotal $637,766.00 $100,000.00 $737,766.00 (add previous two rows) Data Collection and Evaluation] $40,986 Administration (up to 5% of allocation) $40,986 Total HPRP Amount Budgeted4 -:- $819,738 lFinancial assistance includes the following activities as detailed in the HPRP Notice: short-term rental assistance, medium-term rental assistance, security deposits, utility deposits, utility payments, moving cost assistance, and motel or hotel vouchers. 2Housing relocation and stabilization services include the following activities as detailed in the HPRP Notice: case management, outreach, housing search and placement, legal services, mediation, and credit repair. ]Data collection and evaluation includes costs associated with operating HUD-approved homeless management information systems for purposes of collecting unduplicated counts of homeless persons and analyzing patterns of use ofHPRP funds. 4This amount must match the amount entered in the cell on the table in Section A titled "Amount Grantee is Requesting." HUD-40119 (Page 7 of8) 6-14 F. Authorized Si!mature By signing this application, I certify (l) to the statements contained in the list of certifications and (2) that the statements herein are true, complete, and accurate to the best of my knowledge. I also provide the required assurances and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or rraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) Date James D. Sandoval City Manager HUD-40 119 (Page 8 of 8) 6-15 -_._...._-~.- -~_.'- --_.~- RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN TO ALLOCATE $819,738 OF HOMELESS PREVENTION FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO OBTAIN THE HUD GRANT FUNDS WHEREAS, on March 6, 2009, the U.S. Department of Housing and Urban Development (HUD) notified the City of Chula Vista that it is eligible to receive $819,738 of Homeless Prevention grant funds under the American Recovery Reinvestment Act ("ARRA"); and WHEREAS, in order to receive the grant funds, the City must submit to HUD an amendment to the existing Annual Action Plan by May 18,2009, identifying how the funds will be allocated; and WHEREAS, the City has followed its Citizen Participation Plan and held a public hearing on May 5, 2009 and released the 2008/2009 Amended Annual Action Plan for a public review period from April 24, 2009 through May 6, 2009 at which time public testimony was received and considered by the City Council with respect to the 2008/2009 Amended Annual Action Plan; and WHEREAS, in addition to submitting the amended Annual Action Plan to HUD, the City is required to execute an agreement with HUD for use of these funds; and WHEREAS, the City desires to obtain the grant funds from HUD so it may later, through the budget process, appropriate the funds received from the grant to fund and expend in a manner consistent with the Homeless Prevention Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the amendment to the 2008/2009 Annual Action Plan to allocate $819,783 of Homeless Prevention and Re-Housing Program Funds and authorizes the City Manager to execute an agreement with the Department of Housing and Urban Department and any other documents necessary to obtain the grant funds. Presented by: Gary Halbert, P.E., AICP Deputy City Manager/ Development Services Director 6-16 ~II?- ~ ...,;:::--=-~ Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO ClN OF CHULA VISTA April 27, 2009 FROM: Donna Norris, City Clerk Lorraine Bennett, Deputy City Clerk Sheree Kansas, Records Specialist Mayor Cheryl Cox W Jennifer Quijano, Constituent Services ManagrJ!- Cultural Arts Commission TO: VIA: RE: Mayor Cox would like to recommend Cynthia Berndt for appointment to the Cultural Arts Commission, Cynthia will replace Kerry Knowlton, Please place this item on the May 5, 2009 Council agenda for ratification and schedule the oath of office for the May 12, 2009 Council agenda. Thank you. 4~o~? _ ,;n$, l5er/7de- ~ /J~J- c~YreAf-~ 4n7 Chulo/ t4'J~ b/C/c . .s:e,v€. 011 y ! -Sc /Y rcr 61\. i)~/L '6' - I