HomeMy WebLinkAbout2009/11/03 Agenda Packetdeclare under penalty of perjury that I am
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CHULA VISTA
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember James D. Sandoval, City Manager
Mitch Thompson, Interim Councilmember Bart Miesfeld, City Attorney
Pamela Bensoussan, Councilmember Donna Norris, City Clerk
Steve Castaneda, Councilmember
November 3, 2009
4:00 P.M.
Council Chambers
City Hall -Building 100
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson, and Mayor
Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
INTRODUCTION BY SCOTT TULLOCH AND MARIYA ANTON, OF EMPLOYEE
OF THE MONTH, MATHEW HUNTINGTON, ANIMAL CARE ASSISTANT
• INTRODUCTION OF NEW PEACE OFFICERS ANGELA BENNETT, ROBERT
BENNETT, AND DAVID ARCE BY POLICE CHIEF DAVID BEJARANO
PRESENTATION OF A PROCLAMATION TO POLICE CHIEF DAVID BEJARANO
AND SUPPORT SERVICES MANAGER BARBARA BROOKOVER,
PROCLAIMING LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL
DAY
• PRESENTATION BY DEPUTY FIRE CHIEF JUSTIN GIPSON RECOGNIZING TOM
LEONARD, GARY BRETON AND CHARLES KUNIYOSHI FOR PLANNING,
PREPARING AND TRAINING THE 2009 CHULA VISTA COMMUNITY
EMERGENCY RESPONSE TEAM (CERT)
PRESENTATION OF CERTIFICATES OF RECOGNITION TO HISPANIC
HERITAGE MONTH'S HEROES OF THE YEAR AWARD RECIPIENTS SARITA
FUENTES, PRINCIPAL OF MONARCH SCHOOL, AND JORGE VALERDI,
SPECIAL ADVOCATE FOR VOICES FOR CHILDREN
PRESENTATION BY EMERALD RANDOLPH OF A SUMMARY OF THIS YEAR'S
CHRISTMAS IN OCTOBER EVENT
CONSENT CALENDAR
(Items 1-6)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or staff reguests
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 July 14, 2009.
Staff recommendation: Council approve the minutes.
2. RESOLUTION OF THE CTI'Y COUNCIL OF THE CITY OF CHULA VISTA (1)
ACCEPTING $1,974,300 IN ENERGY EFFICIENCY & CONSERVATION BLOCK
GRANT FUNDS TO REDUCE FOSSIL FUEL AND ENERGY USE, (2)
ESTABLISHING TWO NEW CAPITAL IMPROVEMENT PROJECTS -MUNICIPAL
SOLAR PV (GG208) AND PWC BIODIESEL TANK (GG209), (3) AMENDING THE
FISCAL YEAR 2010 CAPITAL IMPROVEMENT PROGRAM, AND (4)
APPROPRIATING $1,974,300 IN GRANT FUNDS TO THE CITY'S AMERICAN
RECOVERY AND REINVESTMENT ACT FUND (4/STHS VOTE REQUIRED)
As part of the American Recovery & Reinvestment Act of 2009, the City of Chula Vista
has been allocated $1,974,300 of Energy Efficiency & Conservation Block Grants to
implement strategies to reduce energy use and lower fossil fuel emissions. The grant
funds will be used to expand on-site solaz photovoltaic energy systems at multiple
municipal facilities, install anabove-ground biodiesel fuel tank at the Public Works Corp
Yazd, and to provide residents and businesses with incentives and low-interest loans for
energy and water efficiency retrofits. (Director of Conservation and Environmental
Services)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUBMITTAL OF A GRANT APPLICATION TO THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION'S INNOVATIVE
URBAN GREENING GRANT PROGRAM TO EXPAND THE CHULA VISTA
NATURESCAPE PROGRAM, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE
GRANT AGREEMENT
In Mazch 2009, the City Council approved submittal of a grant proposal for its
NatureScape program to the CAL FIRE Innovative Urban Greening Grant Program to
help property owners create wildlife-friendly, water-smart yards and gardens. Due to
California's budget issues, the Proposition-supported funding was delayed until recently.
As a result, CAL FIRE is requesting that applicants revise their grant submittal
resolutions to include the new project end date of March 30, 2012. (Director of
Conservation and Environmental Services)
Staff recommendation: Council adopt the resolution
Page 2 -Council Agenda http //www.chulavistaca.~ov November 3, 2009
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING STAFF TO TRANSMIT A LAND USE SCENARIO TO SANDAG
FOR USE IN PREPARATION OF THE 2050 REGIONAL GROWTH FORECAST
In August 2009, staff provided a report and San Diego Association of Governments
(SANDAG) made a presentation to the Council regarding SANDAG's 2050 Growth
Forecast and the need for residential housing capacity to meet projected demands to
2050. Per SANDAG's request and Council direction, staff has reviewed the four model
scenarios that SANDAG created. This report outlines the effects each of the scenarios
would have on Chula Vista, and presents an alternative scenario for Chula Vista for
Council consideration. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A CONTRACT FOR THE DEVELOPMENT OF A BIKEWAY MASTER
PLAN UPDATE TO KTU+A IN AN AMOUNT NOT TO EXCEED $149,685
In order to receive State funding for bicycle improvements, the City needs to have a
Bikeway Master Plan approved within the past five years. Council approved the City's
last Bikeway Master Plan on January 19, 2005. Based on the results of an interview
process and evaluation criteria, it is recommended that a contract be awazded to KTU+A
for development of a Bikeway Master Plan Update. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2009/2010 LIBRARY DEPARTMENT BUDGET
BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE
AMOUNT OF $6,000 FOR THE CHULA VISTA HERITAGE MUSEUM EXHIBIT -
FARMING IN CHULA VISTA (4/STHS VOTE REQUIRED)
The Chula Vista Public Library received aone-time grant awazd from the County of San
Diego-Community Enhancement Program in the amount of $6,000 for fiscal year 2010
for the exhibit. Adoption of the resolution amends the Library budget to appropriate the
funds. (Library 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 arty 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.
Page 3 -Council Agenda http://www.chulavistaca.gov November 3, 2009
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
Zobby) and submit it to the City Clerk prior to the meeting.
7. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR
THE FOURTH AVENUE IMPROVEMENT PROJECT, BETWEEN L STREET AND
ORANGE AVENUE (PROJECT STL291) PER CITY CHARTER SECTION 1009
On September 17, 2009, the Director of Public Works received sealed bids for the
"Fourth Avenue Improvement Project, Between L Street and Orange Avenue (STL291)".
The work to be done consists of the removal and disposal of existing improvements,
installation of missing sidewalk and driveways, storm drain, and retaining walls, and
modifications and upgrades to existing traffic signals. Adoption of the resolution waives
a minor clerical error that resulted in a lower bid and awazd the contract to MJC
Construction, Inc. (Director of Public Works)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING THE
CONTRACT FOR THE "FOURTH AVENUE IMPROVEMENT PROJECT,
BETWEEN L STREET AND ORANGE AVENUE (STL291)" TO MJC
CONSTRUCTION, INC. IN THE AMOUNT OF $908,011.50; AUTHORIZING
AN INTER-PROJECT TRANSFER IN THE AMOUNT OF $131,800 FROM
EXISTING PROJECTS STL335 ($28,800), STL340 ($32,000) AND STL310
($71,000) TO STL291; APPROPRIATING TRANSPORTATION
DEVELOPMENT ACT (TDA) FUNDS IN THE AMOUNT OF $99,200;
AMENDING THE FY 2009-10 TDA FUND AND CIP PROGRAM; AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE
PROJECT
8. CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE AND
MASTER FEE SCHEDULE
Staff recommendation: Council continue the public hearing to November 17, 2009.
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council and are expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meefing.
Page 4 -Council Agenda httu://www.chulavistaca.eov November 3, 2009
9. HISTORIC PRESERVATION PROGRAM STATUS UPDATE
As requested by the City Council at its October 20, 2009 meeting, this report provides an
overview of the status of the draft historic preservation program and ordinance, a general
discussion of historic districts and overlay zones, and an outline of a city-wide survey
work program proposal with the potential costs necessary to accomplish it. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council accept the report and direct staff on any or all of the
sections of the report as the City Council finds necessary.
10. REPORT REGARDING ZONING OPTION FOR PRESERVATION OF LARGER
LOTS ON THE WEST SIDE OF SECOND AVENUE BETWEEN I AND J STREETS
As requested by the City Council at its October 20, 2009 meeting, this report provides
information on the potential expansion of R1-15 zoning on the west side of Second
Avenue between I Street and J Street. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council provide direction to staff on whether to proceed with
preparing a rezoning proposal or other actions for the subject azea.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
12. MAYOR'S REPORTS
Referral to staff to prepare an agenda item for City Council consideration
declaring an official website for Chula Vista's 2011 Centennial.
13. COUNCILMEMBERS' COMMENTS
Councilmember Bensoussan:
Recognition of Jean Isaacs and The San Diego Dance Theater for bringing the
Trolley Dances to Chula Vista and highlighting the community.
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
YVednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957.7).
14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
• One case
Page 5 -Council Agenda htto://www.chulavistaca.eov November 3, 2009
ADJOURNMENT to the Council Workshop Meeting of November 5, 2009 at 4:00 p.m. in the
Council Chambers, and thence to the Special Council Meeting of November 9, 2009 at 2:00 p.m.
in the Council Chambers (Planning Commission and Parks & Recreation Commission
Interviews), and thence to the Regular Council Meeting of November 17, 2009 at 4:00 p.m. in
the Council Chambers (The meeting of November 10 has been cancelled).
Materials provided to the City Council related to arty 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 reguire 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 6 - Counci] Agenda htto://www.chulavistaca.eov November 3, 2009
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 14,2009
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT:
Council members Bensoussan, Castaneda, Ramirez, and Mayor Cox
ABSENT:
Councilmember McCann
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
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY KELLEY BACON, DIRECTOR OF HUMAN RESOURCES, OF
EMPLOYEE OF HIE MONTH, EMMA McCLEES. SR. RISK MANAGEMENT
SPECIALIST
Human Resources Director Bacon introduced employee of the month, Emma McClees. Mayor
Cox then read the proclamation and Councilmembcr Ramirez presented it to Emma.
. PRESENTATION BY CATHERINE HOCKMUTH, MEDIA ADVOCACY
SPECIALIST, AND ERICA BELANDRES, COMMUNITY ORGANIZER OF THE
INSTITUTE FOR PUBLIC STRATEGIES, OF THE SECOND ANNUAL
COMMUNITY REPORT ON THE "SOUTH BAY COMMUNITY CHANGE
PROJECT"
Captain Miranda introduced Ms. Hockmuth and Ms. Belandres, who gave a report on the South
County Community Change Project.
In response to a request by Mayor Cox, City Manager Sandoval explained that agenda item 15
was being continued because staff had heard many questions and concerns from the public on the
matter. and had requested time to further review the issues. He stated that the matter would be
brought back to the Council at a future date.
Item 20B was taken out of order and addressed at this time.
20 B. MAYOR'S REPORTS: Update from Port Commissioner William Hall.
Page 1 - Council Minutes
.1-1
July 14,2009
DRAFT
MA YOR'S REPORTS: Update from Port Commissioner William Hall (Continued)
Commissioner Hall provided an update regarding the City's bayfront plan. He reported that
progress had been made towards the removal of the Run Must Run (RMR) status of the peaker
power plant. He recognized City staff for its part in the success of crafting an agreement that
would allow the City, the Port District, and Pacifica to have enabling provisions as well as a
funding line to help build parks, remediate contamination problems on the bayfront, and
construction site preparation. Mr. Hall reported that the Port District had met on July 7, 2009
and took the following actions: 1) authorized basic framework for a land exchange agreement
with Pacifica; 2) established conditions for the basic framework; and 3) authorized a 90-day
negotiating period to establish a definitive agreement, to be reviewed by the Port Commission
every 30-days, to ensure progress was being made. He further stated that communications
remained strong between all parties, and the deadlines relative to Pacifica negotiations had been
met thus far. He stated that he was satisfied that the Port District, City, and Pacifica were
treating the Bayfront Mas'ter Plan as a priority, He commented that prior to development of
parcels H13, H14, and HIS, there needed to be entitlements for residential development, with an
associated remediation plan to address clean up and funding strategies.
Councilmember Ramirez asked Commissioner Hall for a synopsis on the next steps.
Commissioner Hall responded that the next issue was to reach a definitive agreement within the
90-day period, paralleled with remediation of the L Ditch clean up. To that end, he stated that all
parties agreed that clean up of the environmentally contaminated site was necessary, and it
looked as though a negative declaration could be achieved without an Environmental Impact
Report (EIR) process, reducing the timeline for the process by 18-24 months. He provided a
target timeline of late fall to early December to present the EIR to the Port for certification.
Following a certified EIR, with a definitive agreement with Pacifica, then the City could move
forward with executing the land swap.
CONSENT CALENDAR
(Items 1-13)
1. APPROVAL OF'MINUTES of the Council Workshop of March 5, and the Regular
Meetings of March 10, and March 17,2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICA nONS
Letter of resignation from Dr. Christopher Searles, Board of Ethics
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2009-160, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL
SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR
ALL LOCAL PUBLIC SAFETY FIRE (IAFF), MEMBERS OF THE CALIFORNIA
PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS)
Page 2 - Council Minutes
1-2
July 14, 2009
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DRAFT
CONSENT CALENDAR (Continued)
In an effort to significantly reduce the fiscal year 2010 and 2011 general fund budget by
reducing the number of bencfited employees throughout the organization, staff is
proposing that Council grant another two years additional service credit for the
International Association of Fire Fighters (IAFF) eligible employees only, and provide
for a limited medical incentive program for those that retire during the prescribed 90-day
period. Adoption of the resolution offers this benefit to all Local Public Safety
employees represented by the IAFF bargaining group effective July 14, 2009. (Director
of Human Resources)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2009-161, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL
SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR
ALL LOCAL MISCELLANEOUS AND ALL LOCAL PUBLIC SAFETY POLICE,
MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
(CALPERS)
In an effort to significantly reduce the fiscal year 2010 and 2011 general fund budget by
reducing the number of benefited employees throughout the organization, staff is
proposing that Council grant another two years additional service credit for all Local
Miscellaneous and all Local Public Safety Police and provide for a limited medical
incentive program for those that retire during the prescribed 90-day period. Adoption of
the resolution offers this benefit to all Local Miscellaneous and all Public Safety Police
members effective July 14,2009. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
5. A. RESOLUTION NO. 2009-162, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
MAINTENANCE AGREEMENT BETWEEN K. HOVNANIAN AT BELLA LAGO,
BELLA LAGO, LLC, AND THE CITY OF CHULA VISTA FOR THE BASIN
MAINTENANCE, GRADING MITIGATION, EROSION, SEDIMENTATION, AND
NPDES COMPLIANCE WITH THE BELLA LAGO PROJECT AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2009-163, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE GRANT OF
EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT
NO. 03-03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC,
AND BELLA LAGO, LLC, AND THE CITY REGARDING MAINTENANCE OF
PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT OF WAY
C. RESOLUTION NO. 2009-164, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDMENT TO SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 03-03, BELLA
LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO,
LLC, AND THE CITY
Page 3 - Council Minutes
1-3
July 14,2009
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DRAFT
CONSENT CALENDAR (Continued)
K. Hovnanian would like to donate Lot "G" of Bella Lago Map No. 15339 to the U.S.
Fish and Wildlife Service. In order to complete the donation, Lot "G" must be excluded
from all agreements, therefore title must be free of all encumbrances by the City of Chula
Vista and K. Hovnanian through Council approval and a recorded resolution. The City of
Chula Vista, Bella Lago LLC, and K. Hovnanian desire to extend the term of the
Subdivision Improvement Agreement for a period of two additional years. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION NO. 2009-165, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT NO. 92-02A,
ROLLING HILLS RANCH, SUBAREA III, NEIGHBORHOOD lOB RESTATEMENT
AND ASSIGNMENT AGREEMENT BY MCMILLIN ROLLING HILLS RANCH,
LLC AND K. HOVNANIAN AT BELLA LAGO, LLC
On December 6, 2006, K. Hovnanian purchased Neighborhood lOB from McMillin. K.
Hovnanian is providing the City with replacement to secure certain commitments made
by McMillin pursuant thereto to the City for the Property. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2009-166, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $36,088 FROM THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL, AND APPROPRIATING SAID FUNDS TO
THE FISCAL YEAR 2009/2010 BUDGET OF THE POLICE DEPARTMENT (4/5THS
VOTE REQUIRED)
The Chula Vista Police Department (CVPD) has recently received notice of a grant
award in the amount of $36,088 from the Department of Alcoholic Beverage Control
(ABC). This one-year project will target ABC licensees that continually fail to comply
with ABC and city regulations, particularly those that allow minors access to alcohol and
serve alcohol to intoxicated patrons. The Police Department Special Investigations Unit
will conduct ABC enforcement strategies and provide training and resources for officers,
businesses, and the public. The objective of this program is to proactively target ABC
problem locations based on intelligence gathered by surveillance, CVPD county data
sources, and community partners. (Chief of Police)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2009-167, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2009 -
EASTLAKE P ARKW A Y, EAST NAPLES STREET, MELROSE A VENUE OVERLAY
(STL335C/STM366)" PROJECT TO SUPERIOR READY MIX CONTRACTING AND
PAVING, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
FUNDS IN THE PROJECT
Page 4 - Council Minutes
1-4
July 14, 2009
DRAFT
CONSENT CALENDAR (Continued)
On June 29, 2009, the Director of Public Works received sealed bids for the "Pavement
Rehabilitation Program fiscal year 2009 Eastlake Parkway, East Naples Street, Melrose
Avenue Overlay (STL-33SC)" project. This project consists of the roadway
rehabilitation of the above-mentioned streets through the application of an Asphalt
Concrete (AC) Overlay. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2009-168, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "I' A VEMENT REHABILITATION PROGRAM FISCAL YEAR 2007/2008 TYPE
II RUBBERIZED EMULSION AGGREGATE SLURRY (REAS) (STL33SE)"
PROJECT TO PAVEMENT COATINGS COMPANY IN THE AMOUNT OF $S48,439,
AUTHORIZING AN INTER-PROJECT TRANSFER IN THE AMOUNT OF $200,000
FROM THE "PAVEMENT REHABILITATION PROGRAM, FISCAL YEAR
2006/2007 (STL340) TO STL33S, AND AUTHORIZING THE EXPENDITURE OF
ALL A V AILABLE FUNDS IN THE PROJECT (4/STHS VOTE REQUIRED)
On June 10,2009, the Director of Public Works received sealed bids for the "Pavement
Rehabilitation Program fiscal year 2007/2008 Type II Rubberized Emulsion Aggregate
Slurry (REAS) (STL33SE)" project. This project consists of the application of REAS
seal coat to various streets in the City. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2009-169, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2007/2008 CHIP
SEAL WITH MODIFIED POLYMER ASPHALT SURFACE SEALER (PASS)
(STL33SD/STL346)" PROJECT TO COPP CONTRACTING, INCORPORATED IN
THE AMOUNT OF $916,9S6.43 AND AUTHORIZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
On June 24, 2009, the Director of Public Works received sealed bids for the "Pavement
Rehabilitation Program tiscal year 2007/2008 Chip Seal with Modified Polymer Asphalt
Surface Sealer (I' ASS) (STL-33SD)" project. This project consists of the application of
chip seal with I' ASS to various streets in the City, in which removal and replacement of
failed asphalt concrete pavement (dig-outs) was performed by another contractor (Frank
& Sons, Inc.), under a separate contract. (Director of Public Works)
Stall recommendation: Council adopt the resolution.
II. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER IS.04,
SECTION IS.04.22S, AND CHAPTER 18.16, SECTION 18.16.310, OF THE CHULA
VISTA MUNICIPAL CODE (FIRST READING)
Page 5 - Council Minutes
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July 14,2009
DRAFT
CONSENT CALENDAR (Continued)
Currently, the City's Municipal Code requires retention of surety bonds associated with
land development projects until all work has been completed and a notice of completion
is filed with the County Recorder. Adoption of the ordinance would allow the Director of
Public Works to reduce grading, landscape and irrigation and faithful performance bonds
up to 75% of the original bond amount if the work is deemed substantially complete.
(Director of Public Works)
Staff recommendation: Council place the ordinance on first reading.
12 A. RESOLUTION NO. 2009-170, RESOLUTION OF THE CITY COUNC[L OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 2009/2010 WITHIN COMMUNITY FACILITIES
DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-1,
08-1, 08-M, 09-M, II-M, 12-1, 12-M, 13-1, AND 13-M; AND DELEGATING TO THE
CITY MANAGER OR DESIGNEE, THE AUTHORITY TO ESTABLISH THE
SPECIAL TAX FOR EACH DISTRICT
B. RESOLUTION NO. 2009-171, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 2009/2010 WITHIN COMMUNITY FACILITIES
DISTRICTS 06-1 AND 07-M AND DELEGATING TO THE CITY MANAGER OR
DESIGNEE, THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH
DISTRICT
C. RESOLUTION NO. 2009-172, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2009/2010 BUDGET BY
APPROPRIATING $25,000 FROM COMMUNITY FACILITIES DISTRICT 13-M
AND REDUCING THE APPROPRIATION FOR COMMUNITY FACILITIES
DISTRICT 98-1 BY $25,000 (4/5THS VOTE REQUIRED)
Twenty-one (21) Community Facilities Districts (CFDs) were formed during Fiscal Years
1998-2007. Each year, a special tax must be levied in each of the districts to pay for the
maintenance of open space preserve areas and maintenance of other public facilities, or to
repay bondholders. The present item will authorize the levy of maximum special taxes
for CFDs 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-1,
07-1, 07-M, 08-M, 08-1, 09-M, II-M, 12-1, 12-M, 13-1 and 13-M. In addition to
authorizing the levy of the maximum special taxes, this item will also amend the fiscal
year 2009-2010 budget and appropriate $25,000 out of the available fund balance ofCFD
13-M and reduce the appropriation for CFD 98-1 by that same amount. (Director of
Public Works)
Staff recommendation: Council adopt the resolutions.
13. RESOLUTION NO. 2009-173, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE TRANSPORTATION DEVELOPMENT
ACT GRANT OF $78,920 FOR THE PEDESTRIAN TRAFFIC SIGNAL UPGRADE
IMPROVEMENTS, APPROPRIATING THE FUNDS TO EXISTING TF-348 CIP
PROJECT, AND AUTHORIZING THE CITY ENGINEER TO PROCEED WITH
WORK (4/5THS VOTE REQUIRED)
Page 6 - Council Minutes
1-6
July 14. 2009
DRAFT
CONSENT CALENDAR (Continued)
On January 23, 2007, the City Council approved the submittal of a Transportation
Development Act (TDA) grant application for a pedestrian traffic signal upgrade
improvements project to the San Diego Association of Governments (SANDAG) for
fiscal year 2007/2008. On June 22, 2007, the SANDAG Board approved the allocation
of $778,920 of TDA funds to the City, for pedestrian traffic signal upgrade
improvements. The proposed project consists of upgrading pedestrian crossing signal
facilities at twelve (12) intersections within the public right-of.way that directly serve
schools in western Chula Vista. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
ACTION:
Mayor Cox moved to approve staffs recommendations and offered Consent
Calendar Items 1-13, headings read, text waived. Councilmember Castaneda
seconded the motion, and it carried 4-0.
Councilmember Ramirez stated that, regarding Item 2, he had accepted Dr. Searle's resignation
with deep regret, stating that Dr. Searles was a talented person who had made great contributions
to the issues before the Board of Ethics, and he wished him the best of luck in his future
endeavors.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Axa Schnorr, Chula Vista resident stated that she was concerned about the safety of her family
because there are sex offenders residing within three blocks of her home. She stated she had
built a six-foot fence on her property, but was required by the City to take the fence down. She
requested that Council change the City's code to allow her to maintain a safe place for her
children. Mayor Cox referred the matter to Police Department staff.
Isabelle Espino, Chula Vista resident, spoke in opposition to reduced library hours at the
EastLake Library.
Steve Eastis, Chula Vista resident, representing the Third A venue Village Association (T A V A),
announced the upcoming T A V A Village Fivc concert series beginning July 15,2009 at 6:30 p.m.
at Memorial Bowl. He also announced the Lemon Festival in August and the Starlight Parade in
December.
Steve Molski, Chula Vista resident, spoke about Assembly Bill 761, regarding mobilehome rent
control that passed by one vote without local representation. He stated there was a need for local
representation for mobilehome park residents, and more support from the City.
Barbara Nunnelee, Chula Vista resident, asked the Council to assist local mobilehome residents
who had City-issued vouchers by extending those vouchers while they waited to be placed on
Section 8.
Emilia Perez, Chula Vista resident, representing Bayseene Mobilehome Park, asked for
protection for mobilehome park residents prior to rezoning of Jade Bay.
Page 7 - Council Minutes
1-7
July 14,2009
DRAFT
PUBLIC COMMENTS (Continued)
Pat Lopez, Chula Vista resident, stated that a loophole existed in the mobilehome ordinance that
resulted in neither the park owner nor the operator being responsible for relocation costs for
affected mobilhome residents. She stated that relocation plans and approval by Council should
precede park closure and/or rezoning.
Candelaria Orzco, Chula Vista resident, asked the Council to seek a better solution to assist
mobile home residents who would be losing their homes.
Gloria Faunce, Chula Vista resident, stated there was a need to protect mobilehome park
residents against relocation requirements, commenting that mobilehomes cannot be moved, and
wouldn't be accepted into other parks.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
spoke about the ownership and management of Jade Bay Mobilehome Park, stating that
something has to be done to prevent similar problems for mobilehome residents.
Germaine Johnson, Chula Vista resident, representing Palace Gardens Mobilehome Park, spoke
in opposition to any changes to the mobilehome park.
Sheldon Goldie, Chula Vista resident, asked for Council assistance in keeping housing affordable
for mobilehome residents and to let them live in peace.
Dolores Dempsey, Chula Vista resident, stated there was a need for the landowner to be as
responsible as the park owner for following all procedures designed to safeguard mobilehome
park residents, and she asked the Council for its help to protect mobilehome park residents.
Steven Pavka, Chula Vista resident, complimented the City on its efforts with street patching,
stating that the new methods were good.
PUBLIC HEARINGS
14. CONSIDERATION OF PUBLIC TESTIMONY FOR THE FISCAL YEAR 2009/2010
LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS
FOR CITY OPEN SPACE DISTRICTS I THROUGH 11, 14, 15, 17, 18,20,23,24,26,
31,33, EASTLAKE MAINTENANCE DISTRICT NO.1, TOWN CENTRE AND BAY
BOULEVARD MAINTENANCE DISTRICTS.
The City administers and maintains 36 Open Space Districts and associated zones that
have been established over the last 30 years. The Districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The City Council's approval of the levy is required by the first week of
August in order to meet the deadlines established by the County Tax Assessor. Adoption
of the resolution allows for the assessment of currently approved levy amounts in order to
ensure that the County Tax Assessor deadlines are met for all 36 of the City's Open
Space Districts. (Director of Public Works)
Page 8 - Council Minutes
1-8
July 14,2009
DRAFT
PUBLIC HEARINGS (Continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and "at the time specified in the notice.
Assistant Director of Engineering Quilantan presented the item.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember Castaneda moved to adopt the following Resolution Nos. 2009-
174 and 2009-175, headings read, text waived:
A. RESOLUTION NO. 2009-174, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE
DISTRICTS 2 THROUGH 11, 14, 15, 17, 18,20,23,24,26,31 AND 33,
EASTLAKE MAINTENANCE DISTRICT NO. I, AND BAY
BOULEVARD MAINTENANCE DISTRICT
B. RESOLUTION NO. 2009-175, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE
DISTRICT I
Councilmember Ramirez seconded the motion, and it carried 4-0.
ACTION:
Mayor Cox moved to adopt the following Resolution No. 2009-176, heading read,
text waived:
C. RESOLUTION NO. 2009-176, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR THE TOWN CENTRE
MAINTENANCE DISTRICT
Councilmember Bensoussan seconded the motion, and it carried 3-0-1, with
Council member Castaneda abstaining.
Item 15 was removed from the agenda by stan: and no action was taken.
15. CONSIDERATION OF AN APPLICATION (PCZ 08-04) FILED BY SKK REALTY,
LLC REQUESTING A REZONE FROM MHP EXCLUSIVE MOBILEHOME PARK
TO R-3-P APARTMENT RESIDENTIAL ZONE, WITH A PRECISE PLAN
MODIFYING DISTRICT
Adoption of the resolution finds that the applicant has complied with required provisions
of the Mobilehome Overlay District, and the ordinance rezones the vacant 4.35 acre
project site, formerly Jade Bay Mobile Home Park, to a R-3-P, Apartment Residential
with Precise Plan Modifying District in order to make zoning consistent with the General
Plan. (Deputy City Manager/Development Services Director)
Page 9 - Council Minutes
1-9
July 14,2009
DRAFT
PUBLIC HEARINGS (Continued)
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA FINDING THAT THE APPLICANT HAS COMPLIED WITH
REQUIRED PROVISIONS OF LUT SECTION 7.17 OF THE CHULA
VISTA GENERAL PLAN REGARDING AN APPLICATION TO
REZONE PROPERTY CURRENTLY DESIGNATED MHP (EXCLUSIVE
MOBILEHOME PARK) ZONE
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
ZONING MAP ESTABLISHED BY MUNICIPAL CODE SECTION
19.18.010 TO REZONE ONE 4.35 ACRE PARCEL LOCATED AT 701 D
STREET FROM MHP (EXCLUSIVE MOBILEHOME PARK) ZONE TO
R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN) ZONE (FIRST
READING)
16. CONSIDERATION OF AN APPLICATION (PCZ 09-02) FILED BY TARGET
STORES, INC, REQUESTING A REZONE FROM C-C, CENTRAL COMMERCIAL,
TO C-C-P CENTRAL COMMERCIAL, WITH A PRECISE PLAN MODIFYING
DISTRICT TO REDEVELOP A 9.9 ACRE SITE WITH 138,144 SQUARE FEET OF
RETAIL USE. THE PRECISE PLAN WILL ALLOW EXCEPTIONS TO THE
PARKING STANDARDS AND SIGN PROVISIONS OF THE UNDERLYING ZONE.
THE SITE IS LOCATED AT 40 NORTH FOURTH AVENUE IN NORTHWEST
CHULA VISTA.
Adoption of the ordinance rezones a 9.9 acre site to add a precise plan modifying district
to the existing C-C zoning designation along with a precise plan to allow exceptions to
the parking standards and sign provisions of the underlying zone. This will allow the site
to be redeveloped with a more contemporary building and site design, thereby
implementing the goals and policies of the General Plan, including enhanced "gateway"
project design and sustainable development practices. The site currently contains an
existing 119,403 square foot Target store and two smaller buildings. All three buildings
will be razed and the site completely re-graded in order to redevelop the site for a new
138,144 square foot Target retail building and ancillary improvements. (Deputy City
Manager/Development Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Deputy City Manager/Director of Development Services Halbert referenced correspondence on
the dais: A letter from Briggs Law Corporation dated July 13, 2009, in opposition to the
proposed project, and a response to the letter dated July 14, 2009 from Kimley Horn and
Associates, Inc., the Target consultant working on air quality issues. Deputy City Manager
Halbert stated that the letter from Briggs Law Corporation was received outside of the public
review period for the environmental document, and therefore need not be considered in the
Council's deliberations.
Page 10 - Council Minutes
1-10
July 14,2009
DRAFT
PUBLIC HEARINGS (Continued)
Associate Planner Steichen then presented the proposed project.
Laurie Jones, Development Manager, representing Target Stores, talked about the benefits of the
project, including increased local sales tax revenues and job opportunities, and about Target's
involvement in the City's crime prevention program. She then introduced the project team
members present at the meeting.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Councilmember Ramirez asked staff to look at a more creative design of the Target Store
signage, especially since its location was proposed for a major corridor in the City. Director
Halbert responded that staff would work with Target to look at options for more creative signage.
Council member Bensoussan spoke regarding the signage, and suggested including directional
signs pointing to the Third Avenue Village and the Civic Center.
Councilmember Castaneda asked and received confirmation from Ms. Jones that area stores
wo~]d not be affected by the project construction.
ACTION:
Councilmember Castaneda moved to place the following ordinance on tirst
reading:
ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM IS-09-009, AMENDING ZONING MAP OR MAPS
ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010
TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRlCT AND
ADOPT PRECISE PLAN STANDARDS FOR EXCEPTIONS TO PARKING
AND SIGN STANDARDS PERMITTED IN CURRENTLY ZONED C-C,
CENTRAL COMMERCIAL DESIGNATION, FOR 9.9 ACRES AT THE
NORTHWEST CORNER OF NORTH FOURTH AVENUE AND "c" STREET
(FIRST READING)
Councilmember Bensoussan seconded the motion, and it carried 4-0.
] 7.
CONSIDERATION OF APPROVAL OF AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE SECTION ]5.60 ABANDONED RESIDENTIAL
PROPERTY REGISTRATION ORDINANCE
The Development Services Department is recommending that the City Council
adopt amendments to the Abandoned Residential Property Registration Program
ordinance to address several concerns that have been brought to the department
and City Council's attention over the last year. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council continue the item to a date uncertain.
This item was not discussed.
Page 11 - Council Minutes
1-11
July 14,2009
DRAFT
PUBLIC HEARINGS (Continued)
Time Certain ~ 6:00 P.M.
18. CONSIDERATION OF ESTABLISHING THE CHULA VISTA TOURISM
MARKETING DISTRICT
The Chula Vista Chamber of Commerce and the Chula Vista Convention and Visitors
Bureau, working with lodging and business owners and members of the business
community, have prepared a plan for the formation of the Chula Vista Tourism
Marketing District (CVTMD) that will levy a self-assessment on motel and hotel rooms.
The CVTMD will create a source of funding for renewed operation of the Convention
and Visitors Bureau and for expanded promotion of tourism opportunities in the City.
(Deputy City Manager/Development Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Economic Development Manager Stone presented the item, and acknowledged Chris Boyd,
President, Chula Vista Chamber of Commerce, Lisa Cohen, Executive Director, Chula Vista
Chamber of Commerce, Steve Eastis, representing T A V A, and several hotel and motel owners
and operators present at the meeting, indicating their support of the item. He then gave a brief
overview of the proposed project. He explained that the public hearing required a 45-day notice
to those who would be subject to the assessment, and an opportunity to file a written protest with
the City Clerk. To that end, he deferred to the City Clerk to report on the status of protests
received. City Clerk Norris responded that there were no protests received.
Mayor Cox opened the public hearing. She referenced a letter on the dais from the Third Avenue
Village Association's President, Glen R. Googins, indicating the Association's unanimous
support of the proposal.
The following members of the public spoke in support of the proposed resolution:
Deacon Greg Smyth, Chula Vista resident, representing Third Avenue Village
Association
Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association.
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
ACTION:
Mayor Cox moved to adopt the following Resolution No. 2009-177, heading read,
text waived:
Page 12 - Council Minutes
1-12
July 14, 2009
DRAFT
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2009-177, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE
MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE CHULA
VISTA TOURISM MARKETING DISTRICT (CVTMD) AND DIRECTING
THE CITY CLERK TO TAKE ALL NECESSARY ACTIONS TO LEVY THE
ASSESSMENTS
Councilmember Bensoussan seconded the motion, and it carried 4-0.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
City Manager Sandoval reported that Deputy Mayor McCann had informed him of his
deployment to Iraq effective July 21, 2009. He also stated that the City received a $70,000
refund check from the County for the May 5, 2009 election. He reported that the City's Los
Vecinos project was the recipient of a platinum LEED certification. He then announced that
staff would be publishing a monthly "Community Connection" newsletter.
20. MAYOR'S REPORTS
A.
Consideration of appointment of a voting delegate and alternate for the 2009
Annual League of California Cities Conference, to be held September 16-18 in
San Jose, California.
ACTION:
Councilmernber Castaneda moved to appoint Mayor Cox as voting delegate for
the 2009 Annual League of California Cities Conference. Council member
Bensoussan seconded the motion, and it carried 4-0.
ACTION:
Councilmember Castaneda moved to appoint Councilmember Bensoussan as
alternate for the 2009 Annual League of California Cities Conference.
Councilmember Ramirez seconded the motion, and it carried 4-0.
B.
Update from Port Commissioner William Hall.
Item 20B was taken out of ordcr and heard after Special Orders of the Day.
C. Ratification of appointment of the following students to the Youth Action Council
for the 2009/20 I 0 school year:
Elvia Valeria Vera
Felipe Cardenas
Alicia Cortez
Alexander Salomon
Meal!an Nolan
Kathleen Hoskins
Ashley Foz
Haley Alderete
Trey Johnson
Michael Jimenez
Maximiliano Gastelum
Page 13 - Council Minutes
1-13
July 14, 2009
DRAFT
OTHER BUSINESS (Continued)
ACTION:
Mayor Cox moved to appoint the above-named individuals to the Youth Action
Council. Councilmember Castaneda seconded the motion, and it carried 4-0.
Councilmember Ramirez requested consideration for the appointment of Mauricio Lopez to the
Youth Action Council, and that the request be placed on a future Council agenda.
Mayor Cox announced the pre-centennial event on August 2, 2009 at Goodrich Aerostructures,
tickets for the event were on sale for $25. She announced the October 17, 2009 "Beautify Chula
Vista" event. She asked staff to place on the next Council agenda, information regarding the
Council's options for filling Deputy Mayor McCann's Council seat while he is on military duty.
21. COUNCILMEMBERS' COMMENTS
Councilmember Ramirez commented on his recent Public Office Hours meeting to discuss
consideration of an Environmental Justice Overlay, and stated that he would be bringing the
matter back in the future, and urged Council support on the matter.
Councilmember Bensoussan reported that at its recent meeting, the Western Revitalization
Subcommittee shared a document about a Community Garden Policy that the subcommittee was
soliciting public comments on. She stated that the revised document would be coming back to
the subcommittee in September. She announced that the Broadway Business Association was
active, and invited businesses on Broadway to contact Dan Schoen, at Vivra Bank.
Mayor Cox requested that the meeting be adjourned in memory of Herb Klein, Editor of the San
Diego Union Tribune.
Mayor Cox recessed the meeting to convene in Closed Session at 6:20p.m.
CLOSED SESSION
22. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. Two cases
No reportable action was taken on this item.
")'
-~.
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Felix Espino v. City of Chula Vista, U.S. District Court, Case No. 03CV1884-
DMS(BLM)
No reportable action was taken on this item.
Page 14 - Council Minutes
1-14
July 14,2009
D R.A.FT
ADJOURl'\)MENT
At 7:30 p.m., Mayor Cox adjourned the meeting in memory of Herb Klein, to the Regular City
Council Meeting of July 21, 2009 at 4:00 p.m. in the City Council Chambers.
'7
!J;~i~ (pA~
Lorraine Bennett, CMC, Deputy City Clerk
Page 15 - Council Minutes
1-15
July 14,2009
CITY COUNCIL
AGENDA STATEMENT
~(~ CITYOF
. 1t (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
NOVEMBER 3,2009, Item .?...-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (1) ACCEPTING $1,974,300 IN ENERGY
EFFICIENCY & CONSER V A TION BLOCK GRANT FUNDS
TO REDUCE FOSSIL FUEL AND ENERGY USE, (2)
ESTABLISHING TWO NEW CAPITAL IMPROVEMENT
PROJECTS - MUNICIPAL SOLAR PV (GG208) AND PWC
BlODIESEL TANK (GG209), (3) AMENDING .THE FY 2010
CAPITAL IMPROVEMENT PROGRAM, AND (4)
APPROPRIATING $1,974,300 IN GRANT FUNDS TO THE
CITY'S AMERICAN RECOVERY AND REINVESTMENT
ACT FUND
DIRECTOR OF CONSERVATION & ENVIRONMENTA~.
SERVICES . c;;i; (\~"'"
DIRECTOR OF P~ WORKS 'If:!;Y
CITY MANAGER
ASSISTANT CITY ANAGER S? .
4/5THS VOTE: YES I X I NO D
SUMMARY
As part of the American Recovery & Reinvestment Act of 2009, the City of Chula Vista has
been allocated $1,974,300 of Energy Efficiency & Conservation Block Grants (EECBG) to
implement strategies to reduce energy use and lower fossil fuel emissions. Specifically, the
EECBG funds will be used to expand on-site solar photovoltaic energy systems at multiple
municipal facilities, install an above-ground biodiesel fuel tank at the Public Works Corp
Yard, and to provide residents and businesses with incentives and low-interest loans tor
energy and water efficiency retrotlts. The City will use the EECBG funds to leverage up to
$28 million in additional financing to maximize the opportunity to reduce greenhouse gas
emissions and lower energy demand in Chula Vista.
ENVIRONMENTAL REVIEW
The Eiwironmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has
._. --
- -~,~.-
-.-.. -_.
2-1
..
NOVEMBER 3, 2009, Item~
Page 2 0 f 4
determined that the project qualifies for a Class 8 categorical exemption pursuant to
Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of
the State CEQA Guidelines. Thus, no further CEQA environmental review is necessary.
In addition, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the National Environmental Policy Act (NEPA) since federal monies are
involved and has determined the project qualities for a Categorical Exclusion pursuant to
Section B5.1 [Actions to conserve energy, demonstrate potential energy conservation,
and promote energy-efficiency] of Subpart D, Part 1021 of the U.S. Department of
Energy (DOE) Environmental Policy Act Implementing Procedures. Thus, no further
NEP A environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
Although the Resource Conservation Commission did not take formal action, the
Commission expressed general support for staffs EECBG strategy at their April 27, 2009
meeting.
DISCUSSION
As part of the federal Energy Independence & Security Act of 2007, Congress authorized
a new Department of Energy program entitled Energy Efficiency & Conservation Block
Grants (EECBG) which was designed to provide local governments funding to
implement strategies to reduce energy use and lower fossil fuel emissions. Although the
original 5-year EECBG program never received federal appropriations, the American
Recovery & Reinvestment Act of 2009 did include $3.2 billion to support limited
EECBG funding throughout the nation. As a result, the City of Chula Vista has been
allocated $1,974,300 in EECBG funding based on its population (daytime and fulltime)
size. At their May 12,2009 meeting, the City Council approved staffs strategy for using
the grant funds and authorized the City Manager to execute all documents necessary to
obtain and manage EECBG grant funds (Resolution #2009-116).
Chula Vista's EECBG funds will directly support 3 key projects which will help lower
energy demand and reduce greenhouse gas (GHG) emissions at municipal facilities and
in the community:
1. Above-Ground Biodiesel Tank ($200,000) - EECBG funds will be used to install
a 10,000-gallon biodiesel tank at the City's Public Works Corp Yard (the "Corp
Yard"). The tank will allow the City to transition over 125 heavy-duty fleet
vehicles to the alternative fuel source and contribute to reaching the 100% clean
vehicle conversion goal as outlined in the Climate Measures Implementation
Plans' Measure #1. The project, which has no other practical financial options
available, will help the City achieve important local air quality and GHG
reduction objectives for its heavy-duty fleet. This improvement also reduces
2-2
NOVEMBER 3, 2009, Item~
Page 3 of 4
opacity or particulates that contribute to local asthma and Chronic Obstructive
Pulmonary Disease (COPD) by up to 72%.
2. Home Upgrade, Carbon Downgrade Program ($900,000) - EECBG funds will be
used to support a community-based energy efficiency and solar conversion
program providing financial assistance to small business and residential property-
owners for the installation of energy-saving equipment and appliances. This
program contributes to the goals outlined in Climate Measures Implementation
Plans' Measure #5 and #7. The Council-adopted program was designed to create
an environmental and economical impetus for small businesses and residents to
reduce their monthly energy and water costs, while stimulating local retail sales,
green job training, and employment.
3. 'lvfunicipal Solar Installations ($874,300) - EECBG funds, combined with other
non-General Funds, will be used to expand municipal on-site solar photo voltaic
(PV) capacity to up to I MW and will allow the City to produce at least 10% of its
energy demand with renewable energy. As outlined in the Chula Vista Municipal
Building Energy Efficiency Policy, the City's overall goal is to provide 20% or more
of the total energy demand for City-owned facilities with renewable energy. This
project contributes to the goals outlined in Climate Measures Implementation Plans'
Measure #5.
These projects balance the City's goals of reducing annual municipal energy costs by
installing more energy efficient technologies and renewable energy systems at municipal
facilities with supporting a community-focused energy efficiency and solar conversion
program to help residents and businesses reduce monthly energy use and costs. As
previously approved by City Council (Resolution #2007-241 & #2009-116), thc federal
EECBG funds will be leveraged with over $8 million in California Energy Commission
Loans (3.0% or lower interest rate) or San Diego Gas & Electric On-Bill Financing (0%
interest rate) to implement additional municipal retrofit projects which would further
reduce municipal energy use and generate General Funds savings (once the loans are
repaid in typically 4-7 years). In addition, the EECBG funds will be supplemented with
over $20 million in private, property-secured financing which Home Upgrade, Carbon
Downgrade program participants can also access to fund building retrofit projects.
Property-secured financing, commonly called AB811 financing, is emerging as a novel
tool for local governments to facilitate the installation of water conservation, energy
efficiency, and renewable energy upgrades in the community, and allows homeowners to
finance carbon-saving improvements through a voluntary tax assessment on their
property. The homeowners' new assessments are offset by their resulting utility savings.
DECISION MAKER CONFLICT
Staff has reviewed the decisions contemplated by this action, and has determined thc
following:
I. Above-Ground Biodiesel Tank
2-3
_.~-""",.'.-. --
-
-_......
_.~--~~, . .~~ '....,
NOVEMBER 3, 2009, Item~
Page 4 of 4
With respect to the installation of the above-ground biodiesel tank at the Corp Yard, staff
has reviewed the property holdings of the City Council Members and has found no
property holdings within 500 feet of the boundaries of the Corp Yard.
2. Home Upgrade, Carbon Downgrade Program and Municipal Solar Installations
With respect to the Home Upgrade, Carbon Downgrade Program and the Municipal Solar
Installations, staff has reviewed the decisions contemplated by this action and has
determined that they are not site specific and consequently, the 500-foot rule found in
California Code of Regulations section 1 8704.2(a)(l), is not applicable to this decision.
CURRENT YEAR FISCAL IMP ACT
The City's implementation of identified projects would have no net impact on the City's
General Fund for the current fiscal year. EECBG funds would cover all capital expenses;
while staff time costs are funded through either the SDG&E Local Government
Partnership or annual departmental budgets. At this time, staff is recommending
amending the FY 2009-10 CIP Program and establishing two new capital improvement
projects, GG208 and GG209, and appropriating grants funds in the amount of$I,074,300
(see below). The remaining funds ($900,000) will be used to support the Home Upgrade,
Carbon DO;l'ngrade program to help residents and businesses make energy efficiency and
water conservation retrofits.
Services and Supplies
Other Expenses
CI P Expenditures:
GG208 Municipal Solar PV
GG209 PWC Bio Diesel Tank
Total Expenses
444,000
456,000
Total Grant Revenue
$
$
$
$
874,300
200,000
1,974,300
1,974,300
ONGOING FISCAL IMP ACT
All capital improvement and staff costs associated with the identified projects would be
covered by the EECBG or other external funding sources (i.e. no General Fund costs).
The Above-Ground Biodiesel Tank and Municipal Solar Installations projects would
allow the City to realize immediate energy and operational cost savings. The Home
Upgrade, Carbon Downgrade would create substantial energy and water cost savings in
the community once EECBG revolving loans or other property-secured financing is
repaid by program participants.
ATTACHMENTS
Attachment A - EECBG Assistance Agreement
Prepared by: Brendan Reed, Environmental Resource A1anager. Conservation & Environmental Services
2-4
ATTACHMENT A
ASSISTANCE AGREEMENT
1. Award No, 12 Modification No. I~' Effective Date I:' CFDA No.
DE-SCOOO2295 09/21/2009 81.128
5. Awarded To 6. Sponsoring Office 7. Period of Performance
-
-
CHUL.1;. VISTF., CITY OF EERE (FORS) 09/21/2009
Attn: Brendan Reed U.S. Depa.:-tment of Energy through
EnvironInent.al Resot:rce Manager Office of Energy E.fficiency Renew 09/20/2012
,
276 Fourt.h Avenue Forrestal Building
Chula Vista CA 91910-2631 1000 Independence Avenue, 5W
vlashington DC 20585
8. Type of Agreement 9. Authority 10. Purchase Request or Funding Document No.
[KI Grant Energy Independence and Security Act 09SCOO51"17
o Cooperative Agreement (EIS.n.) of 2007
o Other
11. Remittance Address 12. Total Amount 13. Funds Obligated
CHOL..Z-\ VISTF., CITY OF Gavt. Share: $1,974,300.00 This act.ion: $1,974,300.00
Attn: Brendan Reed Cost Share : $1,395,000.00 Total : $L974,300.00
Environmental Resource Manager Total : $3,369,300.00
276 Fourth lJ..venue
Chula Vist.a CA 91910-2631
14. Pnncipallnvesligalor 15. Program Manager 16. Administrator
Brendan Reed t'1artha J. K:::.ss Oak Ridge
619-409-5889 Phone: 865-576-0717 U.S. Department Of Energy
P.O. BoY.. 2001
Oak p.idge TN 37831
17. Submit Payment Requests To 18. Paying Office 19. Submit Repons To
OR for Oak Ridge/OSTI 58e Report.ing Requi:rement
U.S. Department of Energy Checklist.
Oak Ridge Office
Oak Ridge Financial Service Center
P.O. Box 6017
Oak Ridge TN 37831
20. Accounting and Appropriation Data
Block Grant
21. Research Tille and/or Description of Project
ENERGY EFFICIENCY A.ND CONSERVATION BLOCK GR.n.NT
For the Recipient . For the United Slates of America
.22. Signature of Person Authorized 0 Sigd./V 25. Signature of Grants/Agreemenls Officer
. 1 J {} A ;~- --e~ 9>- W~
23. i~,;nd Title 24. Date Signed 26. Name of Officer 27. DalE! Signed
Ji andoval, City Manager 09/24/09 3EVERLY P.P_k.NESS 09/21/2009
~T SPECIFIED IOTHER
NOT SPSCIFIED /OTHER
2-5
CONTINUATION SHEET
NOT SPECIFIED IOTHER
REFERENCE NO. OF DOCUMENT BEING CONTINUED
DE-SC0002295
NAME OF OFFEROR OR CONTRACTOR
CHUh~ VISTA, CITY OF
ITEM NO. SUPPUESfSERVICES QUANT!1l' U NI UNIT PRICE AMOUNT
IAI IBI - lei (01 lEI IFI
DUNS Number: 078726551
Tl".S: : 89 0331: :TP-.S Recove=y Recove:::y J\ct: Block
Grar:..: for J..RR."'. Funding. Ne\.,r .ll.ward for Chula
Vista, CA
F-.SAP: Yes Extent Competed: NOT F.VP-.IL FOR COMP
Delivery Location Code: 00522
Oat Ridge Office
O. S. Department of Energy
Oak Ridge office
230 warehouse Road
Oak Ridge TN 37830
Payment:
OR for Oak Ridge/OSTI
U.S. Department of Energy
Ga}; Ridge Financial Service Center
P.O. Boy. 6017
Oak Ridge TN 37831
Fund: 05796 .l\ppr Year: 2009 Allottee: 30 Report
Enti<:y: 471999 Object. Class: 41000 Program:
1005115 Project: 2004350 \'lE'O: 0000000 Local Use:
0000000 T.n.S Agency: 89 TAS Account: 0331
July 2004
NOT SPECIFIED /OTEE~
2-6
EECBG Activity Worksheet
Grantee: The. C~tY. of Chu+a: Y.ist?i:
7872655,i.
DUNS#:...., "
P C ct R t N . 'Brendan' '.,
rogram nota Irs ame. .. --... ....;-...: .
Project Title: 'Abov~ -G=OW:id:':a-~,,6'~iesel
Dale: 05{2~/2009
P!~e?@c~_Ch~a~v~sta:~a.us
Progra~ .~ntact Emai!: ,
... Last Name: Reer:]"'
'TaTIk .
Activity:
Sector:
7.. 'Transportat:.~'o.n'
(fOther:
If Other.
. ,.~; )'
\.,
Public
Proposed Number of Jobs Created: 4";1"0. ," , Proposed Nu~ber ofJ~bs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 3~',:'~90' "ga~,!::ot;~!0: -?~f"fOSS.il. fuel
Proposed GHG Emissions Reduced (C02 Equivalents); ~72:; b,.o,q~;tiJ}~::': :~.~~:.~. ," ." ...-
Proposed Funds LeVeragea::,~l;~~'::,_~"-~c~ ::~.e_ ~:. . ., - - .. ",__
P~posed EECBG Budget .2QU'i:Opo..9.o.:,::.'; ".::: .~< '::',_:.
Projected Costs Within Budg~t: ~~m~.j~~ati?"~.:.:.$_b_~,~.~>
Project Contact First Name: R'obel:j.: '
MetricActivity. Trarisp'ort.~:=i6n:';. ..,"'" .'
4.10
Revolving Loans: '$-9:':'90.,:'_":'
Last Name: ,Be~n:o?:. 'n -.
Subgrants: ,.$.0 ..00__
Emall: '~~~.<:!...clT.D.a'Vl",C".",,:,~
lfOther:
Project Summary: (limit summary to space provided)
~~~~~I~~~l~:lffiliilt1f~~~1\~ilf~j:~~;
: _I. . '!'r-i-p'>!~~di.lcti6~~;.\~:?i"l:i~::~Jh?6}~~t;':W;!-ii "l~.i~:'~'~\~":'C:i'at!i~-t~'c: r~duc~i'oh .Qf:':ye.bi'cle :trips :by..tb~
.City' 's:-- approxJJnate:!,y ':. H.o '..,die6'e~ '"vebic.~'e~ ~;~hiC;h,':,~~oi.ild:::i:io ::longe'r :be _-,i:e:'6iJ.ired :tq ',make_:,sped'al
'~;~1~!~~lt!~~!!;!~i~iMm~~iJiU,~~H~t~~~,?~-~;'.~;;f~;,;ei~~f~~i;r~:ii~;l~~rfd~~~'~,
,....~~I.4f~=~~i.~l~iw~1!t~;,
.'hiodi"es.-el';'; 'The_::::n:e'n';.,rriI:rils,tr:uctur_~-,wil1:a:Iso','c:ie'il~'r''~C!n",'-Opportunity,,'~ for' tbe;.ci-ty '.of ,Chula " ,-_
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rel~teo. 'to':__~e :'p;'~lect'--~~!:1:l~9:.~Y:~~E;~_; q.,e~J..91?-','-"'eJ:?g-*ne!'!r::tng',::puFc::fla~e_ .anq. l.na:t::'~llat;J:on.,. :The':,!>roj,ect:.'s.
maj-or, iitile'stories -ao.ah:as'~:q9,i.~:~~,~.:':tim"~1;i;::fe-\>:..a,.;:~:'1i"sted::ibel'~w::, .., .'~"" "'-' . . . .
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.Milestoqe..c:' Eleg+Jl. ~co;t1:,(E~Or.a~ior::.-,'wit.h' ~~ca.g;::ha~J:!;::t;'~"an9-:,p:ioc~ssC?-:t;~ -f_o'r<'~he collect-ion of loca~
'f-ee,:V~tor;:~/:~.or.~biod:~~~,~e.l pradci~ti.~->~:~,<!.o~~:W~~:~~:~> " ,', .""::" . . .
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2-7
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EECBG AcUvity Worksheet
Grantee: The : Ci"ty. -of Chui~:'Vi~c;a.l- ,-
78726551""
DUNS#:
Program Contact First Name: B.rei1d.a~,.":'
Project Tjtle: :H?i:ie:;'U~9r.a~e5 :,,:~~~~~,~ ::D~~grade
Activity: ~,' - ':F.in<3:Dc~i~l Intend. ~~"~J:Zq.9~rn'
Sector: ...~l ,s'7~~?Z:s. . . . .'.. ..".
Dale: OS/26/.2009
P Co ill E "I b. r. e.ed.@ci :Chul~-y:~st~..,~. a. ~s .
ro~rarr: n ct mal: . - - -
... . _. Last Name: ~.~.~~.
.'::g"~~~-~y::~ne.rgy,.,~~'~i"s~_~p"dy.& :.So'la:c. Retro.fi~s
If Olher:
If Other.
Proposed Number of Jobs Created: ~d7<80-_-, ' Proposed Number of Jobs Retained: 2.37-.80
Proposed Energy Saved and/or Renewable Energy Generated:, j'::~. ~ii-~~~~~, :_k\'?tij.y~, '~CL3_~'.O ~.ooo: .,tl1erl1:ls/p- ;s2.\:'ed
Proposed GHG Emissions Reduced (C02 Equivalents): '? ~ 6~-2,;'.I?Q,~, :A~o,:} "
Proposed Funds Leveraged:"~ '~7~,.8G' " ":.''itCJI '5.. nOD "~:".
Proposed EECBG Budget: '90~:;:i:io,{)':'(rO",::' . . ' " . .
Projected Costs WIthin Budget Administration: '~l?:,€i,;~_oo.P ;-,Q,Q:, :'. Revolving Loans: $3:90'~OO.O .:00" Subgranls: _~o ,'00
Project Contact Fi,rst Nan:,':: ..~li~.ti_~~.l~~.~. ~,.: ',.,~"~:.:.,,...:-' ;:' , Last Name: :cas~'~gnoi:a~, Email: o<c..~t""7"".ldo:i.~._"~m....~
Metric Activity: Fiiia:lici.~';1,.~ncent:i.~s-:::E"-Effi~i~?-cy' '& 'C.~,:,'er~a.':'J:.ny~a.::.me'n::.s". If Other:
Project Summary: (limit summary to space provided)
, resident;s
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..tci -'fui;t'her', :l'6wer:,'t.he.:'pi;i~cha,~'e::j:~rJ;ce~"o-f, 'se.lec~,~enE;~gy :~,;.fi-c'ient., 'arid ,=eri.~wahie energy ':equiptnen\=_
'In: 'aadij:"ior:,:. ',a,:flEECBG-:'R,evolving::Li:jari'" ':($3'90,,~OO,QJ.~,wil1: ,b~ ".made ,avaHable :,to- prog:x:;am
. ';~~~t~i;;;~t~:i~~1~~~~[~~~i.S~~f~~li~fd;~~~~~i:!~:,;~i~:~:~~:~~~
. ,'L :Local.\Gieen :dob' 'Trai~iiDsL-:-: ";f;.t:6gram ;f.untls ,i...d.JJ. ~,help':,estah:r~,8))\.~_ :locaF.gieeri.'_ job- ,'ed~c~ti,_on" 'and
" ;~:~~~ :~i~~~~~~i~~~~~~~~~~~-~:..:~~~~~t~-~~~~t~'~~~~:~~.ci~~~~~~df~~i~~~' ~~:~ri'.
from the. National':.'Electrical 'corit:ract'ors AssocTation 'and '.the";Internat'ional Brotherhood of- :.
'Elect:rical ~Workers':, .3- ""! _ ..' . . , ".. .. . . ... . . ,
", '-, '- ..:.-; " .~. .
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As ..C/.' .result of !=h,e ,nHome::Upgrad.~';."'(~~r.b9nc:':bDWrigra~e:n .~,?rpgr.am;. ~e~::-2'~':9DO:'.P.~~t:i'~pants .will .complete
energy 'effic:i,e~cY .and/or ;jio1:~ ,:-en:~rgy: ,,'upg~ades:',a~':o7tne:.ir; 'p'rop.~:t;::i;~~ ':Ov_~r: '~be .~D~t. -3 years ,cr~at;:i.:ng.:
taitgi.'o:te energy.: savings':-arid' ,st:'itriU:Iat'irig :loc~ ..C::lernaria:'fo=~';'ener!?y:7sav.iJ:lg_'gc>ods. and 'serVices'.' 'EECBG
~~i~t;fl~~~%~i~; ~~~~@~l71f;~l~it:j:~t~~%~~~~~~i:~~~~~~*~~r~~i~?e~:;;Iet
"M.:Ltestone::;A_:
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':'F~~I:j;'i.e':'.;:ie't.:i;~:fit.:_:opt"ionr:; & ~~Hiiec.t: icoii~#"ac,to:ts::'::- ";NC?~emb~r -2009
Eztabl;lSh _"revolving loan" program-&. leverage wit.h'.additiOi:J.al 'Orivat:e flllanc:Lna ,(25
CO ;1 rat:~o>,~:,': IJ_anlJ,aIy 2010 ~ _ - ,- , "-':'" ~ ." .:__,: __-- ,. - " _ _ ~
'Beg.i'ri'~c~ij1rrii:~n:5::ty~,:ret'rof:its &: ':1:~ .t;i:>' l'Oc:;a-l :gF~~n ,j'f?b,:ti:a~g~' -. -February '-?OlO
I{ you am proposing more than ons activity, sa'~ this fife as many times as needed wiih 'sucCE:>slve page numbers. For example: .OH.CITY-CoJumbus-
Project Activity page 1.pdf, ~ .OH_CfTY~ColumbU$.Project Aclivity pago 2pdf, ~ and contJnue as needed.
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EECBG Activity Worksheet
Grantee: City of Chul~:;,Yis.~a:
DUNS #: 7~ni6551
Date: ~5/2.61.2009
Program COntact Email: b)l.:-eed~<;:i.c;hul~-vista.ca . u~
Last Name: Reed
'B:i;'~dan"
Program Contact H.rst Name: , ,.
Project Tille: . 0~i~iP~1. :~~,~_ar~"Im?~:al~',at~'ons
p;ctivity. B. Oits"i::lf Rene~~~~,,-~-X:~.~i;>,~ogy. If Other: ,
Publ'i"c:"
Sector. If Other.
Proposed NumberofJobs Created: ~:02:40. _ _ ,Proposed Number of Jobs Retained: 1.02.4.0
. Proposed Energy Saved andlor Rensvlable Energy Generated: ~<€i?P>'~~.?g..:t-.Wh!yr:& 382',:009-, .thermsjyr fSol"Olr
Proposed GHG Emissions Reduced (C02 Equivalents): '9,,'.300:,;:~o_6>9~~,\
Proposed Funds Lev.caged:;" .'."'..038.38 "'iI>t.f d-.O/.o 0 O.."jD"k:..
"B.:T4.:i.)'.qn:: OO'.:)~;'
&: EE]
Proposed EECBG Budget:
Projected Costs Within Budget Administration: .$6::.00
Project Contac1 First Name: ::G~~~6n:. ; . ~ .._.'
Metric Activity: 'R~e;"'-able ';ETI'e~:.t1.:l,l::k~.t:. ~ev~l?pme.i:ll:.
'$q','OO:-
Subgrants: ',$0.00
Revolving Loans:
Last Name: :Cily:'
Emai1: G:Uyiile:1.c.bultH'i:l="'_ca.u~
If Other:
Project Summary: (limit 5umma..~ to space p,?vided)
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If you are proposing more than one activity, save this file as many times as needed with successive page number.;. For example: uOH-CfTY~CDlumbus-
ProjDct Activify page 1.pdf,. ~OH~CfTY-Columbus.Projecr Activity page 2.pdf,~ and continue as needed.
2-9
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All Qlhu eli~IOrlS Are Qb~lclC
ATTACHMENT 3
u.s. Department of Energy
FEDERAL ASSISTANCE REPORTING CHECKLIST
AND INSTRUCTIONS
1. Identification Number: 2. Program/Project Tltle:
DE-scoa02295 - Energy Efficiency and Conservation Block Grant Program
3. Recipient:
City of Chura Vista, California
4. Reporting Requirements: Fre uenc No. of eODies Addressees
A. MANAGEMENT REPORTING Upload only 1 copy
o Progress Report to the address in the
nl!xtcolumnatthe !;CC8r-~a~do!!<cov
I2J Special Status Report A ConlraCllngOfficer ~stedinEIOCk 2S
Intervalspecllilldln
thllprcvioustolumn. 01 Asslslance Agreement
B. SC1ENTIFlCfTECHNlCAL REPORTlNG
(Reports/Producls must be submitted with appropriale DOE F 241. The
241 forms are available at \'NJW.ostLaovlelink\
Report/Product Form
o Final ScienlificITechnical Report DOE F 241.3
o Conference papers/proceed!n9s. DOE F 241.3
o SoftwarelManual DOE F 241.4
o Other (see Speciallnslructlons) DOE F 241.3
.. Scientific and technical conferences only
C. FINANCIAL REPORTING
[8l SF-42S, Federal FInancial Report Q,F EECBGi'!'flr.o.doe,cov
Con\ractlng omcer listed in 810ck
25 of As51s1ance Agreement
0, CLOSEOUT REPORTING
o Patent Cer'Jiication EECElGr1l'Ioodoeaov
[8l Property Certification F
ConlrnctingOfficerlisledill
o Other (see Speciallnslructions) Bled; 25 of Assistmce Agreemenl
E. OTHER REPORTING
o Annual Indirect Cost proposal
o Annuallnvenlory Report of Federally Owned Property. jf any
12I Other- See Section 5 below: Q.F,A See Special Inslruclions Below
FREQUENCY CODES AND DUE DATES:
A- Within 5 calendar days after events or as specified. S- Semiannually: within 30 days afl.er end of reporting period.
F- Final; 90 calendar days after expiration or termination of the award. Q- Quarterly; within 30 days after end of !he reporting period.
y- Yearlv: 90 davs after the end of the reoortinq ceriod.
s. Speciallnslructions: Forms are available at hilos:flwww.eere.omc.enerav.covfforms.aso.
Other Reporting is as follov'ls:
Energy Efficiency and Conservation Strategy (if appllcable )
ANNUAL REPORTS
ARRA - Performance Progress Report
QUARTERLY REPORT -I!emjzed cost report by project actlvity (musl address each !lem of Budget Category of SF-424A).
See Federal Assistance Reporting Instructions on following pages for more details.
Please note: All quarterly reports are due no laler than 30 days after the end of the reporting period. Because (his award is funded under the
Recovery Act, the ARRA Performance Progress Report is due no laler than 10 days after the end of.lhe reporting period.
2-10
Federal Assistance Reporting Instructions
Reporting requirements under the EECBG Program consist of the following types of reports:
SPECIAL STATUS REPORT
The recipient must report the following events bye-mail as soon as possible after they occur:
1. Developments that have a significant favorable impact on the project.
. 2. Problems, delays, or adverse conditions which materially impair the recipient's ability to meet the objectives of
the award or which may require DOE to respond to questions relating to such events from the public. For
example, the recipient must report any of the following incidents and include the anticipated impact and remedial
action to be taken to correct Of resolve the problem/condition:
a. Any single fatality or injuries requiring hospitalization of five or more individuals.
b. Any significant environmental permit violation.
c. Any verbal or written Notice of Violation of any Environmental, Safety, and Health statutes or
regulations.
d. Any incident which causes a significant process or hazard control system failure.
e. Any event which is anticipated to cause a significant schedule slippage or cost increase.
f. Any damage to Government-owned equipment in excess of $50,000.
g. Any other incident that has the potential for high visibility in the media.
FtNANCIAL REPORTING
. FOR ALL RECtPIENTS. Submit a Quarterly Progress Report and the SF-425 Federal Financial
Report. Instructions for the Quarterty Progress Report are below. The SF-425 is available at
htto :/I'MNW. whitehouse. oov/omb/arantslindex. htm!.
CLOSEOUT REPORTING
Prooertv Certification
The recipient must provide the Property Certification, including the required inventories of non-exempt
property, located at http://qrants.pr.doe.qov.
EECS STRATEGY (for units of local government and Indian tribes only)
FOR UNITS OF LOCAL GOVERNMENT AND INDIAN TRIBES. units of tocal government and Indian
tribes that do not submit an Energy Efficiency and Conservation Strategy (EECS) with their
application must submit one not later than one-hundred twenty (120) days after the effective date of
the award. The EECS shall be a comprehensive strategy that covers, at a minimum, all items details
in Attachment 0 as well as the following:
. Jurisdictional area covered by plan and governing body and/or office with direct authority over
plan
Plan implementation partners and any leverages funds from private or other public sources
. Baseline energy use and GHG emissions inventory and forecast
. Goals/objectives for total energy use and emissions reductions, and energy efficiency increase
(including deployment of renewable technologies)
Goals can be qualitative
2
2-11
o Actions/plans/strategies and implementation schedule to meet goals
. Actions and strategies included in the plan can be eligible activities for use of funds under
EECBG as well as activities that are ineligible; comprehensive planning is encouraged.
The eligible activities should be marked as such.
o Applicants are encouraged, in particular, to include the potential impact of anticipated
leveraged funds from private as well as other public sources.
. Expected outcomes and benefits of plan:
o Jobs created andlor retained
. Energy saved
o Renewable energy capactty
o GHG emissions reduced
. Funds leveraged
. Obstacles to reaching goals and strategies to remove obstacles
. Policies and/or administrative actions adopted or needed to support
actions/plans/strategies/targets/schedule
. Evaluation, monitoring and verification plan
. Plan for how activities will be sustained beyond grant period
o Plans for the use of funds by adjacent eligible units of local governments that receive grants
under the program; and plans to coordinate an~ share information with the state in which the eligible
unit of local government is located regarding activities carried out using the grant to maximize the
energy efficiency and conservation benefits under this part.
o Plans for how these funds will be coordinated with leverages funds, including other Recovery Act
funds, to maximize benefits for local and regional communities.
ANNUAL REPORTS
FOR UNITS OF LOCAL GOVERNMENT AND INDIAN TRIBES: Submit annual reports not later than
two (2) years after the effective date of this award and annually thereafter. The annual report shall
describe the status of development and implementation of the energy efficiency and conservation
strategy and an assessment of energy efficiency gains within the jurisdiction of the eligible unit of
local government or Indian Tribe. The annual report shall also address the metrics listed below.
FOR STATES: Submit annual reports not later than one (1) year after the effective date of this award
and annually thereafter. The annual report will include the metrics listed below as well as:
o The status of development and implementation of the energy efficiency and conservation
strategy of the state during the preceding calendar year,
o The status of the subgrant program of the state;
. Specific energy efficiency and conservation goals of the state for subsequent calendar years;
and
o Activities (list all programs created or supported by program funds and amount of program
funds spent on each activity, indicate which programs are new and which are existing,
indicate which programs are supported solely by program funds, and which have other
funding sources.
ARRA PERFORMANCE PROGRESS REPORT
Failure to comply with this reporting requirement may result in termination of that part of the award funding by
Recovery Act.
Not later than 10 days after the end of each calendar quarter, each recipient shall submit a report to the grantor
agency that contains:
o The total amount of American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, covered funds
received from that agency;
. The amount of American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, covered funds received that
were expended or obligated to project or activities;
o A detailed list of all projects or activities for which American Recovery and Reinvestment Act of 2009, Pub. L.
111-5, covered funds were expended or obligated including:
3
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o Name of project or activity
o Description of project or activity
o Evatuation of the compietion status of project or activity
o Estimate of number of jobs created and retained by project or activity in the manner and form prescribed
by DOE _
o Infrastructure investments made by State and local governments, purpose, total cost, rationale or agency
for funding infrastructure investment, name of agency contact.
o Information on subcontracts or sUbgrants awarded by recipient to include data elements required to
comply with the Federal Accountability and Transparency Act of 2006 (Pub. L. 109-282).
. Compliance: As a condition of receipt of funds under this Act, no later than 180 days of enactment, all
recipients shall provide the information described above. .
DOE intends to append the periodic ARRA - Performance Progress Report to include reporting on the following, at a
minimum:
The results of the funding provided for the EECBG Program through the American Recovery and
Reinvestment Act (ARRA) will be assessed according to the foilowing performance metrics:
. Jobs created and/or retained
Energy (kwh/therms/gallons/BTUs/etc.) saved
. Renewable energy generated
. GHG emissions reduced
. Cost savings
The metrics described below are designed to track the accompiishments of projects funded by EECBG.
States must not include results reported by direct grant recipients, Grant recipients will be presented with
reporting requirements at the time they receive funding and will be expected to report their achievements in
terms of the specified metrics presented below,
Grant recipients will be required to report quarterly on project expenditures, and also on speCific activities and
achievements, such as square feet of buiidings retrofitted. These items tend to be outputs (actions taken by
grant recipients) but also incl,ude some short-term outcomes (results achieved relatively soon after project
outputs occur that iead toward attainment of ultimate project objectives).
Expenditures: Accurate records should be kept on project expenditures for aii EECBG ARRA funded efforts.
The specific information to be gathered and tracked is iisted beiow. It wiii be the same for all project types:
. Expenditures for project activities
. Expenditures for administration
. Expenditures for evaluation
. Leveraged funds
Metrics Activity: The key metrics to be reported wiii vary by project type. The minimum information to be
reported, by project activity type, is reported beiow.
Buiiding Codes and Standards
. Name of new code adopted
. Name of oid code replaced
. Number of new and existing buildings covered by new code
Buiiding Retrofits
. Number of buildings retrofitted, by sector
. Square footage of buiidings retrofitted, by sector
Clean Energy Policy
. Number of alternative energy plans developed or improved
. Number of renewable portfolio standards established or improved
. Number of interconnection standards established or improved
4
2-13
. Number of energy efficiency portfolio standards established or improved
. Number of other policies developed or improved
Building Energy Audits
. Number of audits performed, by sector
. Floor space audited, by sector
. Auditor's projection of energy savings, by sector
Energy Efficiency Rating and Labeling
. Types of energy-consuming devices for which energy-efficiency rating and labeling
systems were endorsed by the grantee
Government. School, Institutional Procurement
. Number of units purchased, by type (e.g., vehicles, office equipment, HVAC
equipment, streetlights, exit signs)
Industrial Process Efficiency (kwh equivalents)
. Reduction in natural gas consumption (mmcf)
. Reduction in fuel oil consumption (gallons)
. Reduction in electricity consumption (MWh)
Loans and Grants
. Number and monetary value of loans given
. Number and monetary value of grants given
Renewable Energy Mar1<et Development
. Number and size of solar energy systems installed
. Number and size of wind energy systems installed
. Number and size of other renewable energy systems installed
Financial Incentives for Energy Efficiency and Other Covered Investments
. Monetary value of financial incentive provided, by sector
. Total value of investments incentivized. by sector
Technical Assistance
. Number of information transactions contacts (for example, webinar, site visit, media,
fact sheet) in which energy efficiency or renewable energy measure were
recommended, by sector
Transportation
. Number of alternative fuel vehicles purchased
. Number of conventional vehicles converted to alternative fuel use
. Number of new alternative refueling stations emplaced
. Number of new carpools and van pools formed
. Number of energy-efficient traffic signals installed
. Number of street lane-miles for which synchronized traffic signals were installed
Workshops, Training, and Education
. Number of workshops, training, and education sessions held, by sector
. Number of people attending workshops, training, and education sessions, by sector
Other Activities Not Previously Defined
. Pertinent metric information for any activity not defined above should be captured
and included as needed
Short-term Outcomes (DOE will provide supplemental guidance on how to calculate these outcomes
to ensure consistent approaches that results can be aggregated at a regional, State and national
level):
5
2-14
Energy Savings (kwh equivalents)
. Annual reduction in natural gas consumption (mmcf) by sector and end-use category
. Annual reduction in electricity consumption (MWh) by sector and end-use category
. Annual reduction in electricity demand (MW) by sector and end-use category
. Annual reduction in fuel oil consumption (gallons) by sector and end-use category
. Annual reduction in propane consumption (gallons) by sector and end-use category
. Annual reduction in gasoline and diesel fuel consumption (gallons) by sector and
end-use category
Job Creation/Retention
. Number
. Type
. Duration
Renewable Energy Capacity and Generation
. Amount of wind-powered electric generating capacity installed (MW)
. Amount of electricity generated from wind systems (MWh)
. Amount of photovoltaic generating capacity installed (MW)
. Amount of electricity generated lrom photovoltaic systems (MWh)
. Amount of electric generating capacity lrom other renewable sources installed (MW)
. Amount 01 electricity generated lrom other renewable sources (MWh)
Emissions Reductions (tons) (C02 equivalents)
. Methane
. Carbon
. Sulfur dioxide
. Nitrogen oxide
. Carbon monoxide
Protected Personallv identifiable Inlormation (PI!)
Reports must not contain any Protected PII. PII is any inlormation about an individual which can be used to
distinguish or trace an individual's identity. Some inlonmation that is considered to be PII is available in public
sources such as telephone books, public websites, university listings, etc. This type of information is considered
to be Public PII and includes, for example, first and last name, address, work telephone number, e-mail address,
home telephone number, and general educational credentials. In contrast, Protected PII is defined as an
individual's first name or first initial and last name in combination with anyone or more of types of infonnation,
including, but not limited to, social security number, passport number, credit card numbers, clearances, bank
numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records.
educational transcripts, etc.
6
2-15
Applicant Name: City of Chula Vista
Award Number: DE-SC0002295
Budget Information. Non Construction Programs
N
I
~
OMI3 AnnrovalNo. 0348-0044
Section A. Budnel Summa 1'~li~;~1~\s-~ii)itlf'i{\~;m~~~~'fgjW}~l\\mfN,,}j.iii'ijnWWili1!~ihi;'}~H:~~j~l~fjl~r,rr_m~~,t!1i!(r.lr~t~h~[ril\~!.m!E;!~l~l~~k%iMt~l~nit~~~~if~{(Wtm~tli~I!;I,;Hl~1:;JX1:~~~,~f!~~i~-!j1rfl;~'lW,~.!:\lf1!I~!;~
Catalog 01 Estimated Unobligated Funds New or Revised Budget
Grant Program Function or Aclivity Federal Non-Federal Federal
Domeslic Federal Non-Federal Tolal
la\ (bl Ic\ Id\ lei to (01
1. Home Upgrade, Carbon Downgrade Program 81.128 $900,000 $975,000 $1,875,000
2. Above-Ground Biodiesel Tank 81.128 $200,000 $200,000
3. Municipal Solar Installations 81.128 . $874,300 $420,000 $1,294,300
4. $0
5. Tolals $0 $0 $1,974,300 $1,395,000 $3,369,300
Section B. Bud et Calc arias
Grant Program, FunctIon or Activity
6. Objecl Class Categories (1) Home Upgrade (2) Above-Ground (3) Municipal Solar Inslall (4) Tolal(5)
a. Personnel $847,030 $341,741 $1,188,771
b. FringeBenefils $0
c. Travel $1,000 $1,000
d. Equipmenl $0
e, Supplies $3,000 $3,000
f. Contraclual $30,000 $30,000
g. Construction $200,000 $874,300 $1,074,300
h, Other (Direcllncenlives) $410,000 $410,000
l. Talal Direct Charges (sum of 6a--Bh) $1,291,030 $200,000 $1,216,041 $0 $2,707,071
j. IndireclCharges $193970 $78,259 $272,229
l. Revolving Loan $390,000 $390,000
k. Tolals (sum 01 6i-6l) $1,875,000 $200,000 $1,294,300 $0 $3,369,300
m, Less Cost Share $975,000 $420,000 $1,395,000
n. Federal Share $900,-0"OG $200,000 $874,300 $1,974,300
7. Program Income $0
m
J\ulhorl;:~d f(lr Locill l1~prorJ\lctlofl
SF-424A IRev. 4-92\
Prescribed by OMS Circular A.102
Previous Edition Usable
(a) Grant Program
8. Home Upgrade, Carbon Downgrade Program
Ib)Applicanl
{c} Sl,le
$975,000
$0
Id) Olher Sources
~::!: ;:i";nl! ;:j!,..;q!,(;, .@lh'E,fl::: :'~f..J"[li r[:i: :':!'.::; !;.,!;::~I"j) ,/!.":i ;(' ;):,ifJ:', .j:) ~:'::U;\!'iiir\;(;i~~}Y' '. :L\; j!;!::i':,;:: ::!).;,;;:~:::; ',!.i\W':{j ;',
Sectlon C . Non.Federol Resources
9. Above.Ground Blodiesel Tank
10. Municipal Solar Installations
$420,000
II,
12. Tolal(sum of lines a .11}
Sncllon D. Forecasted Cash Needs
$0
$1,395,000
3rdQuarter
'"
I
~
13. Federal
Total/or 1st Year
$1,674,300
$465,000
1slQuarter
$1,174,300
$116,250
2nd Quarter
$166,667
$116,250
$166,667
$116,250
14. Non.federal
......
$2,139,300
$1,290,550
$282,917
$282,917
15. Total (sum allines 13 and 14)
Sedion E . Budgel Estimates of Federal Funds Needed for Balance of the ProJoct
Future Funding Periods (Years)
Ie} Second (d) Third
a Grant Program
16. Home Upgrade, Carbon Dovmgrade Program
(b) Firsl
$300,000
17. Above-Ground BiodieselTank
$0
$0
18. tilunlcipal Solar Inslal1ations
19.
20. Total (sum of lines 16.19)
Section F . Other Budge! Information
21. Direc! Charges
$300,000
$0
!~~~WJ~1r~.Hm~ll~il~jl~~ift@!~~~&~t~~~l~~~;n~(*,~~i~1iii)~!ii\t11Iji~1:1jpi!!:li~11!lf~~~i~w1!~ii1ii;iJ]1~J!g~.~lr~h]Lillfl~li~W~m~#I~;l~j~~~;1~~!;i~,~4n11~12E;~
$0
$0
22. Indirect Charges
so
{elTol,ls
$975,000
$0
$420,000
$0
$1,395,000
41h uarter
$166,666
$116,250
$262,916
$0
$0
$0
le\ Fourth
23. Remarks
Page2of10
083109
SPECIAL TEMIS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGR<\M - FORJvlULA GR<\NTS
Table of Contents
I. RESOLUTION OF CONFLICTING CONDlTlONS..................................................................................1
2. AWARD AGREEMENT TERlvIS AND CONDITIONS ............................................................................1
3. AWARD PROJECT PERJOD AND BUDGET PERIODS .........................................................................1
4. STAGED DISBURSEMENT OF FUNDS ..................................................................................................1
5. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PA YlvIENTS (ASAP) SYSTEM ..............................................................................2
6. INCREIVIENTAL FUNDING AND MAXIMUM OBLIGATION - COEXTENSIVE BUDGET PERIOD
AND PROJECT PERIOD ............................................................................................................................2
7. COST SHARING FFRDC'S NOT INVOL VED..........................................................................................2
8. REBUDGETING AND RECOVERY OF INDIRECT COSTS ..................................................................3
9. CEILING ON ADMlNlSTRA TIVE COSTS...............................................................................................4
10. LIMlT A TlONS ON USE OF FUNDS .........................................................................................................4
11. PRE-AWARD COSTS.................................................................................................................................4
12. USE OF PROGRAM INCOME - ADDITION ............................................................................................4
13. STATEMENT OF FEDERAL STEW ARDSHIP ........................................................................................4
14. SITE VISITS ............................................ .............................................. ...... ................................................5
15. REPORTING REQUlREMENTS................................................................................................................5
16. POOLI CATIONS ................................... ......................................................................................................5
17. FEDERAL, STATE, AND MUNICIPAL REQUlREIVIENTS ....................................................................6
] 8. INTELLECTUAL PROPERTY PROVISIONS AND CONT ACT INFORMATION ................................6
19. LOBBYING RESTRICT]ONS ....................................................................................................................6
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUlPMENT AND PRODUCTS-
- SENSE OF CONGRESS ...........................................................................................................................6
2]. INSOLVENCY, BA,'lKRUPTCY OR RECEIVERSHIP ............................................................................6
22. NA T]ONAL ENV1RONlvIENTAL POLICY ACT (NEPA) REQUlREMENTS........................................6
23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS ..............................................7
24. SPECiAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009) .........................................................................................7
25. REPORTING AND REGISTRA TJON REQUlREIVIENTS UNDER SECTiON 1512 OF THE
RECOVERY ACT (MAY 2009) ............................................................................................................... J 1
26. REQUlRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) .........11
27. REQUlRED USE OF AMERICAN IRON, STEEL, A,'\,'l) MANUFACTURED GOODS (COVERED
UNDER INTERNATIONAL AGREEMENTS)-SECT]ON 1605 OF THE AMERICA,'i RECOVERY
AND REINVESTMENT ACT OF 2009 (MAY 2009)..............................................................................13
28. WAGE RATE REQUlREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009) 16
29. RECOVERY ACT TRANSACT]ONS LISTED IN SCHEDULE OF EXPENDIT\JRES OF FEDERAL
AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SOORECIPIENTS (MAY
2009) ... .... ........ .................... ............................................ ..................................... ........................... ...........17
30. DAVIS BACON ACT REQUlREMENTS (MAY 2009) ..........................................................................]7
3]. HlSTORIC PRESERV A TlON ..................................................................................................................25
ATTACHMENT 1 .. INTELLECTUAL PROPERTY PROVISIONS ................................................................26
Not Specified/Other
2-18
083109
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GR~NT PROGMM - FORMULA GR~NTS
I. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions
contained in this award must be referred to the DOE Award Administrator for guidance.
2. A WARD AGREEMENT TERMS AND CONDITIONS
This award/agreement consists of the Grant and Cooperative Agreement cover page, plus the following:
a. Special tenns and conditions.
b. Attachments:
Attachment No.
Title
6
Intellectual Property Provisions
Project Activity Worksheet(s) are attached. If the Worksheet is for the
Strategy, the grant will be amended to include additional Worksheets as
activities are approved.
Federal Assistance Reporting Checklist
Budget Pages are attached. For Strategy, the SF-424A is attached. ifi1 was
included in the application. The grant will be amended to include additional
Budget Pages as activities are approved.
Davis-Bacon Act Wage Determination(s). if applicable. For Strategy
awards, the Wage Determination will be included when activities are
approved.
Special Requirements, if applicable
I
2
3
4
5
c. Applicable program regulations: Title V, Subtitle E of the Energy Independence Security Act (EISA)
of2007. Public Law 110-140.
d. DOE Assistance Regulations, 10 CFR Part 600 at httpJ/ecfr.gpoaccess.gov and if the award is for
research and to a university or nonMprofit, the Research Tenns & Conditions and the DOE Agency
Specific Requirements at http://v,'\\'W.nsfgovlbfaJdias/policy/rtc/index.jsp.
e. Application/proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Award Tenns in effect on date of award at
httn://manarremenLenemv. !:!ov/busi TIess doe/I3 74 .htm
3. AWARD PROJECT PERIOD AND BUDGET PERIODS
The Project and Budget Periods for this award are concurrent for a 36-month period as indicated in Item
No.7 of the Assistance Agreement Face Page.
4. STAGED DISBURSEMENT OF FUNDS
IXI IF l'>IARKED. THIS THull IS APPLICABLE
The total funding allocation for this award is shown in Block 13 of the Assistance Agreement Cover Page.
However, funds will be released according to a staged disbursement schedule. All funds must be expended
within 36 months of the effective date of the award.
Not Specified/Other
2-19
083]09
[ ] For Energy Efficiency Conservation Strategy (EEeS) Only awards, funds in the amount of
S [ ] is released to the Recipient to begin work on the EECS. The approved activities are listed in
Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon
DOE approval of the EECS and amendment of the award to include the authorized Project Activity
Worksheets.
[:>"'1 Funds in the amount of$l, 1 00,000 is released to the Recipient to begin work on the activities listed in
Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon
DOE approval of additional activities and amendment of the award to include the authorized Project
Activity Worksheets.
[ J Funds in the amount of $ [ ] is released to the Recipient to begin work on administrative duties
pending resolution of problematic issues such as eligibility, technical issues, NEPA, historic preservation,
budgetar)' items, or similar issues. The remaining funds will be released upon successful resolution of
these issues and amendment of the award.
5. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PA YMEl't'TS (ASAP) SYSTEM
I] IF MARKED. THIS TERM DOESNOTAPPLY-SEEATTACHMENT 6
a. Method ofPayrnent Payment will be made by advances through the Department of Treasury's ASAP
system.
b. Requesting Advances. Requests for advances must be made through the ASAP system. You may
submit requests as frequently as required to meet your needs to disburse funds for the Federal share of
project costs. If feasible, you should time each request so that you receive payment on the same day
that you disburse funds for direct project costs and the proportionate share of any allowable indirect
costs. if same-day transfers are not feasible, advance payments must be as close as is administratively
feasible to acmal disbursements.
c. Adjusting payment requests for available cash. You must disburse any funds that are available from
repayments to and interest earned on a revolving fund, program income, rebates, refunds, contract
settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before
requesting additional cash payments from DOElNNSA.
d. Payments. AU payments are made by electronic funds transfer to the bank account identified on the
ASAP Bank Information Form that you filed with the U.S. Department of Treasury.
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION - COEXTENSIVE BUDGET
PERIOD AND PROJECT PERIOD
APPLICABLE ONL Y TO INCREMENTALLY FUNDED A WARDS.
This award is funded on an incremental basis. The maximum obligation of the DOEINNSA is limited to
the amount shown on the Agreement Face Page. You are not obligated to continue performance of the
project beyond the total amount obligated and your pro rata share ofthe project costs, if cost sharing is
required. Additional funding is contingent upon the availability of appropriated funds and substantial
progress towards meeting the objectives of the award.
7. COST SHARING FFRDC'S NOT INVOLVED
APPLlC4BLE ONL Y IF COST SHARING lS INCLUDED IN THE A WARD.
a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated
Not Specified/Other
2
2-20
083109
project costs. The Recipient's cost share ITI;ust come from non-Federal sources unless otherwise
allowed by law. By accepting federal funds under this award, you agree that you are liable for your
percentage share of total aHo_wahle project costs, on a budget period basis, even if the project is
terminated early or is not funded to its completion. This cost is shared as follows:
Budget Budget Government Share Recipient Share Total Estimated Cost
Period Period Start S/% S/%
No.
I 09m/2009 S1.974.300 159% 51.395.000/41% 53,369.300
Total Proiect
b. Tfyou discover that you may be unable to provide cost sharing of at least the amount identified in
paragraph a of this article, you should immediately provide written notification to the DOE Award
Administrator indicating whether you will continue or phase out the project If you plan to continue
the project, the notification must describe how replacement cost sharing will be secured.
c. You must maintain records of all project costs that you claim as cost sharing, including in-kind costs,
as well as records of costs to be paid by DOEINNSA. Such records are subject to audit
d. Failure to provide the cost sharing required by this Article may result in the subsequent recovery by
DOEINNSA of some or all the funds provided under the award. .
8, REBUDGETING AND RECOVERY OF INDIRECT COSTS
THE APPLICABLE TERM TS MARKED BELOf"
REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT
COSTS AND FRlNGE BENEFITS
a. If actual allowable indirect costs and fringe benefits are less than those budgeted and funded
under the award, you may use the difference to pay additional allowable direct costs during the
project period. Ifat the completion of the award the Government's share oftotaJ allowable costs
(i.e., direct, indirect fringe benefits), is less than the total costs reimbursed, you must refund the
difference.
b. Recipients are expected to manage their indirect costs and fringe benefits. DOE will not amend
an award solely to provide additional funds for changes in indirect costs and fringe benefits.
DOE recognizes that the inability to obtain full reimbursement for indirect costs and fringe
benefits means the recipient must absorb the underrecovery. Such undefTecovery may be
allocated as part of the organization's required cost sharing.
[Xl REBUDGETING AND RECOVERY OF INDlRECT COSTS - REIMBURSABLE INDIRECT
COSTS
a. If actual allowable indirect costs are less than those budgeted and funded under the award, you
may use the difference to pay additional allowable direct costs during the project period. If at
the completion ofthe award the Government's share of total allowable costs (i.e., direct and
indirect), is less than the total costs reimbursed, you must refund the difference,
b. Recipients are expected to manage their indirect costs, DOE will not amend an award solely to
provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to
obtain full reimbursement for indirect costs means the recipient must absorb the underrecovery.
Such underTecavery may be allocated as part of the organization's required cost sharing.
c. The budget for this award includes indirect costs, but does not include fringe benefits.
Therefore. fringe benefit costs shall not be charged to nor shall reimbursement be requested for
Not Specified/Other
3
2-21
083109
this project ~or shall the fringe benefit costs for this project be allocated to any other federally
sponsored project. In addition, fringe benefit costs shall not be counted as cost share unless
approved by the Contracting Officer.
[ ] REBUDGETlNG AND RECOVERY OF INDIRECT COSTS. INDIRECT COSTS AND FRINGE
BENEFITS ARE NOT REIMBURSABLE
The budget for this award does not include indirect costs or fringe benefits. Therefore, these
expenses shall not be charged to nor reimbursement requested for this project nor shall the fringe and
indirect costs from this project be allocated to any other federally sponsored project. In addition,
indirect costs or fringe benefits shall not be counted as cost share unless approved by the Contracting
Officer.
9. CEILING ON ADMINISTRATIVE COSTS
a. Recipients may not use more than 10 percent of amounts provided under this program, or $75,000,
whichever is greater (EISA See 545(b )(3 )(A), for administrative expenses., excluding the costs of
meeting the reporting requirements under Title V. Subtitle E of EISA. These costs should be captured
and summarized for each activating under the Projected Costs Within Budget: Administration.
b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to
provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on
this project for any final administrative costs that are in excess of the designated 10 percent
administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the
administrative cost ceiling as cost share, nor allocate such costs to other federally sponsored projects.
unless approved by the Contracting Officer.
10. LIMITATIONS ON USE OF FUNDS
a. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec
545(b)(3)(B). for the establishment of revolving loan funds.
b. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec
545(b)(3)(C), for subgrants to nongovernmental organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation strategy of the eligible unit oflocal
government.
Il. PRE-AWARD COSTS
APPLICABLE ONL YIF COMPLETED BELOflc
You are entitled to reimbursement for preaward costs in the amount ofS{ ] for the period from
[MonthDayYear] to [iv1onthDayYear] in accordance with your request dated [MonthDayYear] if such
costs are allowable in accordance with the applicable Federal cost principles referenced in 10 ern. Part
600.
12. USE OF PROGRAM INCOME - ADDITION
If you earn program income during the project period as a result of this award, you may add the program
income to the funds committed to the award and use it to further eligible project objectives.
13. STATEMENT OF FEDERAL STEWARDSHIP
DOEINNSA will exercise normal Federal stewardship in overseeing the project activities performed under
this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing
performance and financial reports; providing technical assistance and/or temporary intervention in unusual
Not Specified/Other
4
2-22
083109
circumstances to correct deficiencies which develop during the project; assuring compliance with terms and
conditions: and reviewing technical performance after project completion to ensure that the award
objectives have been accomplished.
] 4. SITE VISITS
DOE's authorized representatives have the right to make site visits at reasonable times to review project
accomplishments and management control systems and to provide technical assistance, if required. You
must provide, and must require your sub1lwardees to provide, reasonable access to facilities: office space,
resources, and assistance for the safety and convenience of the government representatives in the
performance of their duties. All site visits and evaluations must be performed in a manner that does not
unduly interfere with or delay the work.
]5. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal Assistance
Reporting Checklist, DOE F 4600.1, attached to this award. Failure to comply with these reporting
requirements is considered a material noncompliance with the terms of the award. Noncompliance
may result in withholding of future payments, suspension, or termination of the current award, and
withholding of future awards. A willful failure to perform, a history of failure to perform, or
unsatisfactory performance of this and/or other financial assistance awards. may also result in a
debannent action to preclude future awards by Federal agencies.
b. Dissemination of scientific/technical reportS. Scientific/technical reports submitted under this award
will be disseminated on the Internet via the DOE Information Bridge (www.osti.govlbridge), unless the
report contains patentable material, protected data, or SBlRISTTR data. Citations for journal articles
produced under the av.:ard will appear on the DOE Energy Citations Database
(ww""'.osti .!!o\'/ener~ci lations).
c. Restrictions. Reports submitted to the DOE Infonnation Bridge must not contain any Protected
Personal Identifiable Information (PH), limited rights data (proprietary data), classified information,
information subject to export control classification, or other information not subject to release.
]6. PUBLICATIONS
a, You are encouraged to publish or otherwise make publlcly available the results of the work conducted
under the award.
b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any
material, whether copyrighted or not, based on or developed under this project, as follows:
Acknowledgment: 'This material is based upon work supported by the Department of Energy under
A ward Number DE-SC0001195."
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United
States Government. Neither the United States Government nor any agency thereof, nor any of their
employees, makes any warranty, express or implied, or assumes any Jegalliability or responsibility for
the accuracy, completeness, or usefulness of any infonnation. apparatus, product. or process disclosed,
or represents that its use would not infringe privately owned rights. Reference herein to any specific
commercial product, process, or service by trade name, trademark, manufacturer, or other....ise does not
necessarily constitute or imply its endorsement. recommendation, or favoring by the United States
Government or any agency thereof. The views and opinions of authors expressed herein do not
necessarily state or reflect those of the United States Govemment or any agency thereof."
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17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required pennits and comply with applicable federal, state, and municipal laws, codes,
and regulations for work performed under this award.
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this award are provided as an attachment to this
award or are referenced on the Agreement Face Page. A list of all intellectual propeny provisions may
be found at httn:l/ww\v.!!c.doe.l!ov/financial assistance awards.htm.
b. Questions regarding intellectual property matters should be referred to the DOE A ward Administrator
and the Patent Counsel designated as the service provider for the DOE office that issued the award.
The IF Service Providers List is found at
hno:/lwv,".v.e.c.doe.!!ov/documents/lntellectual PropertY (JP) Service Providers for Acauisition.odf
19. LOBB)lNG RESTRICTIONS
By accepting funds under this award,. you agree that none of the funds obligated on the award shall be
expended, directly or indirectly. to influence congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to Members of Congress as described in 18
D.S.C. 1913, This restriction is in addition to those prescribed elsewhere in statute and regulation.
20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS - SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this award should be American-made.
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
a. You shall immediately notifY the DOE of the occurrence of any of the following events: (i) you or your
parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii)
your consent to the institution of an involuntary case under the Bankruptcy Act against you or your
parent; (iii) the filing of any similar proceeding for or against you or your parent, or its consent to, the
dissolution., winding-up or readjustment of your debts, appointment of a receiver, conservator, trustee,
or other officer with similar powers over you, under any other applicable state or federal law; or (iv)
your insolvency due to your inability to pay your debts generally as they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of
an event referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the
impact such event will have on the project being funded by this award.
c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right
to conduct a review of your award to determine your compliance with the required elements of the
award (including such items as cost share. progress towards technical project objectives, and
submission of required reports). If the DOE review determines that there are significant deficiencies or
concerns with your perfonnance under the award, DOE reserves the right to impose additional
requirements, as needed. including (i) change your payment method; or (ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of
this financial assistance award by the Contracting Officer.
22. NATIONAL EN\lRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Federal funds, which would have an adverse effect on the
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environment or limit the choice of reasonable alternatives prior to DOEf1\l"NSA providing either a NEP A
clearance or a final NEPA decision regarding this project. PROH1BITED ACTIONS INCLUDE ANY
ACTIVITIES RELATED TO THE MUNIPAL SOLAR INSTALLA TION PROJECT EXCEPT
THE ASSESSMENT. Other prohibited activities include any project activities that are not included in
Anachment 2 of this award. This restriction does not preclude you from approved project activities
included in Attachment 2 of this award, HOWEVER, FURTHER ACTIVITIES RELATED TO THE
MUNICIPAL SOLAR' INST ALLA TION PROJECT REQUIRE PRIOR APPROVAL BY THE DOE
NEPA COMPLIANCE OFFICER AND UNILATERAL MODlFICATIOi'< OF THE AWARD
AGREEMENT, EECBG FUNDING (5874300.00) WILL BE WITHHELD FOR MUNICPAL
SOLAR INSTALLATION UNTIL THIS CONDITION HAS BEEN SATISFIED, If you move
forward with activities that are not authorized for federal funding by the DOE Contracting Officer in
advance of the final NEPA decision, you are doing so at fisk of not receiving federal funding and such
costs may not be recognized as allowable cost share.
If this award includes construction activities, you must submit an environmental evaluation
report/evaluation notification form addressing NEP A issues prior to DOElNNSA initiating the }JEP A
process.
23, DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or
have any obligation to the recipient for (i) Decontamination a..'1d1or Decommissioning (D&D) of any of the
recipient's facilities, or (ii) any costs which may be incurred by the recipient in connection with the D&D of
any of its facilities due to the perfonnance of the work under this Agreement, whether said work was
perfonned prior to Of subsequent to the effective date of this Agreement.
24. SPECIAL PROYISIONS RELATING TO WORK FUNDED UNDER AMERlCAN
RECOVERY AND REINYESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of2009, Pub. L. 111-5, (Recovery Act) was enacted to
preserve and create jobs and promote economic recovery, assist those most impacted by the recession,
provide investments needed to increase economic efficiency by spurring technological advances in science
and health, invest in transportation, environmental protection, and other infrastructure that will provide
long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive State and local tax increases. Recipients shall use
grant funds in a manner that maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to
governance, accountability. transparency, data collection and resources as specified in Act itself and as
discussed below.
Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS
number (or updating the existing DUNS record), and registering with the Central Contractor Registration
(CCR),
Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete
projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery
Act and related guidance. For projects funded by sources other than the Recovery AcL Contractors must
keep separate records for Recovery Act funds and to ensure those records comply with the requirements of
the Act.
The Government has not fully developed the implementing instructions of the Recovery ACL particularly
concerning specific procedural requirements for the new reporting requirements. The Recipient will be
provided these details as they become available. The Recipient must comply with all requirements of the
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Act. If the recipient believes there is any inconsistency between ARRA requirements and current award
terms and conditions, the issues will be referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under
tbe American Recovery and Reinvestment Act of2009. Pub. L. 111-5. Covered Funds will have special
accounting codes and will be identified as Recovery Act funds in the grant., cooperative agreement or TIA
and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30,
2015.
Non-Federal employer means any employer with respect to covered funds - the contractor, subcontractor,
grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an
employer; and any professional membership organization, certification of other professional body, any
agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an
employer receiving covered funds; or with respect to covered funds received by a State or local
government, the State or local government receiving the funds and any contractor or subcontractor
receiving the funds and any contractor or subcontractor of the State or local government; and does not
mean any department, agency. or other entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal government
(including Recovery Act funds received through grant, loan, or contract) other than an individual and
includes a State that receives Recovery Act Funds.
Soecia! Provisions
A. Flow Down ReQuirement
Recipients must include these special terms and conditions in any subaward.
B. Se[!Y'er!:ation of Costs
Recipients must segregate the obligations and expenditures related to funding under the Recovery Act.
Financial and accounting systems should be revised as necessary to segregate, track and maintain these
funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall
be commingled with any other funds or used for a purpose other than that of making payments for
costs allowable for Recovery Act projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any
private entity, for any casino or other gambling establishment:, aquarium, zoo, golf course, or
swimming pool.
C. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the funds
appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 80
of the Inspector General Act of 1988 (5 U.S.c. App.) or of the Comptroller General is authorized-
(1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or
any State or local agency administering such contract that pertain to, and involve transactions
relation to, the subcontract, subcontract, grant, or subgrant; and
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(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding
such transactions.
D. Publication
An application may contain technical data and other data., including trade secrets and/or privileged or
confidential information, which the applicant does not want disclosed to the public or used by the
Government for any purpose other than the application. To protect such data, the applicant should
specifically identify each page including each line or paragraph thereof containing the data to be
protected and mark the cover sheet of the application with the following Notice as well as referring to
the Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages -- of this application have been submined in confidence and contain
trade secrets or proprietary information. and such data shall be used or disclosed only for evaluation
purposes, provided that if this applicant receives an award as a result of or in connection with the
submission of this application, DOE shall have the right to use or disclose the data here to the CAlen!
provided in the award. This restriction does not limit the Government's right to use or disclose data
obtained without restriction from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the website
v,'\....-w.recovery.gov, maintained by the Accountability and Transparency Board. The Board may
exclude posting contractual or other information on the website on a case-by-case basis when
necessary to protect national security or to protect information that is not subject to disclosure under
sections 552 and 552a of title 5, United States Code.
E. Protectine: State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They [nelude, but are not limited
to:
Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under
the American Recovery and Reinvestment Act of.2009, Pub. L. 111-5, may nol be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in
the ordinary course of an employee's duties, to the Accountability and Transparency Board, an
inspector general. the Comptroller General, a member of Congress, a State or Federal regulatory or law
enforcement agency, a person with supervisory authority over the employee (or other person working
for the employer who has the authority to investigate, discover or terminate misconduct, a court or
grant jury, the head ofa Federal agency, or their representatives information that the employee
believes is evidence of:
gross management of an agency contract or grant relating to covered funds;
a gross waste of covered funds
a substantial and specific danger to public health or safety related to the implementation or use of
covered funds;
an abuse of authority related to the implementation or use of covered funds: or
as violation of law, rule, or regulation related to an agency contract (including the competition for
or negotiation of a contract) or grant, awarded or issued relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an alleged
reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the
non~Federal employer has subjected the employee to a prohibited reprisal. The agency shall either
issue an order denying relief in whole or in part or shall take one or more of the following actions:
Order the employer to take affirmative action to abate the reprisal.
Order the employer to reinstate the person to the position that the person held before the reprisal,
together with compensation including back pay, compensatory damages, employment benefits,
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and other terms and conditions of employment that would apply to the person in that position if
the reprisal had not been taken.
Order the employer to pay the employee an amount equal to the aggregate amount of all costs and
expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by
the employee for or in connection with, bringing the complaint regarding the reprisal, as
determined.by the head of a court of competent jurisdiction.
Nonenforceabliry of Certain Provisions Waiving Rights and remedies or Requiring Arbitration:
Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved
employees by this section may not be waived by any agreement, policy, form, or condition of
employment, including any predispute arbitration agreement. No predispute arbitration agreement
shaH be valid or enforceable ifit requires arbitration ofa dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the
American Recovery and Reinvestment Act of2009, Pub. L_ 111-5, shall post notice of the rights and
remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act
of.2009, Pub. L. ] 11-5, www_Recovery.gov, far specific requirements afthis section and prescribed
language forthe notices.).
F. Recuest for Reimbursement
Reserved
G_ False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriat.e Inspector General
any credible evidence that a principal, employee, agent, contrRctor, sub. grantee, subcontractor or other
person has submitted a false claim under the False Claims Act or has committed a criminal or civil
violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct
involving those funds.
H. Information in sUDoortin!! ofRecaverv Act Reoorting
Recipient may be required to submit backup documentation for expenditures of funds under the
Recovery Act including such items as timecards and invoices. Recipient shall provide copies of
backup documentation at the request of the Contracting Officer or designee.
1. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30,2015.
J. Additional Fundin!! Distribution and Assurance of Anorannate Use of Funds
Aoolicable if award is to a State Government or an Aaencv
Certification by Governor - Not later than April 3, 2009, for funds provided to any State or agency
thereof by the American Reinvestment and Recovery Act af2009, Pub. L. 111-5, the Governor of the
State shall certify that: 1) the state will request and use funds provided by the Act; and 1) the funds will
be used to create jobs and promote economic growth.
Acceptance by State Legislature -- Iffunds provided to any State in any division of the Act are not
accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of
a concurrent resolution, shall be sufficient to provide funding to such State.
Distribution - After adoption of a State legislature's concurrent resolution, funding to the State will be
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083109
for distribution to local governments, councils of government. public entities, and public-private
entities within the State either by formula or at the State's discretion.
K. Certifications
With respect to funds made available to State or local governments for infrastructure investments
under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, the Governor, mayor, or
other chief executive, as appropriate, certified by acceptance of this award that the infrastructure
investment has received the full review and vetting required by Jaw and that the chief executive accepts
responsibility that the infrasrructure investment is an appropriate use of taxpayer dollars. Recipient
shall provide an additional certification that includes a description of the investment, the estimated
total cost, and the amount of covered funds to be used for posting on the Internet. A State or local
agency may not receive infrastrucrure investment funding from funds made available by the Act unless
this certification is made and posted.
25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MA Y 2009)
a. This award requires the recipient to complete projects or activities which are funded under the
American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery
Act funds provided through this award. Information from these reports will be made available to the
public.
b. The reports are due no later than ten calendar days after each calendar quarter in which the recipient
receives the assistance award funded in whole or in part by the Recovery Act.
c. Recipients and their first-tier recipients must maintain Cllrrent registrations in the Central Contractor
Registration (http://www.ccr.gov) at all times during which they have active federal awards funded
with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(http://www.dnb.com) is one of the requirements for registration in the Central Contractor
Registration.
d. The recipient shaH report the information described in section 1512(c) of the Recovery Act using the
reporting instructions and data elements that will be provided online at
http://www.FcderalReporting.gov and ensure that any information that is pre-filled is corrected or
updated as needed.
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS-
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(MAY 2009)
THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION.
ALTERATION. MAINTENANCE. OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK AND
THE TOT4L PROJECT VALUE IS ESTIMATED LESS THAN $7.443.000. THIS AW4RD TERM
ALSO APPLIES TO ALL SUB GRANTS AND CONTRACTS
a. Definitions. As used in this award term and condition-
(1) Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been-
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor
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outlying islands.ofthe United States; State and local governments; and multi.State, regional, or
interstate entities which have gqvemmental functions). These buildings and works may include,
without limitation, bridges, dams! plants, highways, parkways, streets, subways, tunnels, sewers,
mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the consmlction,
alteration, maintenance, or repair of such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and
may include other elements.
b. Domestic preference.
(1) This award term and condition implements Section 1605 of the American Recovery and
Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring that all iron, steel, and
manufactured goods used in the project are produced in the United States except as provided in
paragraph (h)(3) and (b)(4) of this section and condition.
(2) This requirement does nOl: apply to the material listed by the Federal Government as follows:
None
(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph
(b)(2) of this section and condition if the Federal Government detennines that-
(i) The cost ofthe domestic iron, steel, and/or manufactured goods would be unreasonable. The
cost of domestic iron, steel. or manufactured goods used in the project is unreasonable when
the cumulative cost of sllch material will increase the cost of the overall project by more than
25 percent;
(ii) The iron, steel, andlor manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
c. Request for detennination of inapplicability of Section 1605 of the Recovery Act.
(1)
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(3) of this section shall include adequate information for Federal
Government valuation oftne request, including-
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods:
(B) Unit of measure;
(C) Quantity;
(D) Cost
(E) Time of delivery or availability;
(F) Location of the project;
(9) Name and address of the proposed supplier, and
(H) A detailed justification of the reason for use of foreign iron, steel, andlor
manufactured goods cited in accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall.include a reasonable survey ofthe market
and a completed cost comparison table in the fonnat in paragraph (d) of this section.
(iii) The cost of iron, steel, andlor manufactured goods material shall include all delivery
costs to the constrUction site and any applicable duty.
(iV) Any recipient request for a determination submitted after Recovery Act funds have
been obligated for a project for construction, alteration, maintenance, or repair shall
explain why the recipient could not reasonably foresee the need for such detennination
and could not have requested the determination before the funds were obligated. If the
recipient does not submit a satisfactory e>"l'lanation, the award official need not make a
determination.
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(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration,JTlaintenance, or repair that an exception to section 1605 oflhe Recovery
Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is nonavailability or public
interest, the amended award shall reflect adjustment of the award amount, redistribution of
budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the
foreign iron, steel, and/or relevant manufactured goods. When the b:lSis for the exception is the
unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall
adjust the award amount or redistribute budgeted funds by at leas! the differential established in 2
CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605
of the American Recovery and Reinvestment Act.
d. Data. To pennit evaluation of requests under paragraph (b) of this section based on unreasonable cost,
the Recipient shall include the following infonnation and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of Measure Quantity Cost
(dollars)*
Item I:
Foreign steel. iron, or manufactured Q.ood
Domestic steel. iron, or manufacrured good
Item 2:
Forei!!l1 steel, iron. or manufactured good
Domestic steel. iron. or manufacrured good
List name, address, telephone number, eroail address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
Include other applicable supporting information.
*lnc1ude all delivery c.osts to the construction site.
27. REQUIRED USE OF AMERJCAN IRON, STEEL, AJ'ID MANUFACTURED GOODS
(COVERED UNDER INTERNATIONALAGREE~IENTS)-SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO AN)" RECOVER)"ACT FUNDS FOR CONSTRUCTION.
AL TERA TION. MAINTENANCE. OR REPAIR OF A PUBLIC BUnDING OR PUBLIC WORK
WITH A TOTAL PROJECT VALUE OVER 57.443.0110 THA T INVOL VES IRON. STEEL. AND/OR
MANUFACTURED GOODS MA TERIALS COVERED UNDER INTERNA TIONAL AGREEMENTS.
THIS A WARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
a. Definitions. As used in this award term and condition-.
Not Specified/Other
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083109
Designated country-
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria,
Belgium, Bulgaria., Canada, Cyprus. Czech Republic, Denmark, Estonia., Finland, France,
Germany, Greece, Hong Kong, Hungary. Iceland, Ireland, Israel, haly, Japan, Korea (Republic
of), Latvia, Liechtenstein, Lithuania., Luxembourg. Malta, Netherlands, Norway, Poland, Portugal,
Romania, Singapore, Slovak. Republic, Slovenia., Spain, Sweden, Switzerland, and United
Kingdom;
(2) A Free Trade Agreement (ITA) country (Australia, Bahrain, Canada, Chile, Costa Rica.,
Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua.,
Oman, Peru., or Singapore); or
(3) A United States-European Communities Exchange ofLeners (May 15, 1995) country: Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland. France, Germany,
Greece, Hungary,Ireland,ltaly, Latvia, Lithuania, Luxembourg. Malta., Netherlands, Poland,
Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods -
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from another
country, has been substantially transformed in a designated country into a new and different
manufactured good distinct from the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good -
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case ofa manufactured good that consists in whole or in part of materials from another
country, has been substantially transformed in the United States into a new and different
manufactured good distinct from the materials from which it was transformed. There is no
requirement with regard to the origin of components or subcomponents in manufactured goods or
products, as long as the manufacture of the goods occurs in the United States. .
Forei!!Tl iron. steel, and/or manufactured good means iron, steel and/or manufactured good that is not
dome~tic or designated country iron, steel"and/or manufactured good. -
Manufactured good means a good brought to the construction site for incorporation into the building or
work that has been-
(I) Processed into a specific form and shape: or
(2) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials. -
Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia.; commonwealths, territories, and minor
outlying islands of the United States; State and local governments; and multi~State, regional, or
interstate entities which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers,
mains. power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties, break.-waters. levees, and canals, and t.1e construction,
alteration, maintenance, or repair of such buildings and works.
Not Specified/Other
14
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083109
Steel means an alloy (hat includes at leas! 50 percent iron, between .02 and 2 percent carbon, and
may include other elements.
b. Iron, steel, and manufactured goods.
(1) The award term and condition described in this section implementsu
(i) Section 1605(a) of the American Recovery and Reinvestment Act of2009 (pub. L. 111--5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project
are produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner
consistent with U.S. obligations under international agreements. The restrictions of section
1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured
goods. The Buy American requirement in section 1605 shall not be applied where the iron,
steel or manufactured goods used in the project are from a Party to an international agreement
that obligates the recipient to treat the goods and services of that Party the same as domestic
goods and services. This obligation shall only apply to projects with an estimated value of
$7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in
performing the work funded in whole or part with this award, except as provided in paragraphs
(b)(3) and (b)(4) ofthi, section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steeT. and
manufactured goods listed by the Federal Government as follows:
None
(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph
(b)(3) of this section if the Federal Government determines that-
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost
of domestic iran, steel, and/or manufactured goods used in the project is unreasonable when
the cumulative cast of such material will increase tbe overall cost of the project by more than
25 percent;
(ii) Tbe iron; steel. and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of section 1605 ofthe Recovery Act would be inconsistent
with the public interest
c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American
Act
(1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(4) of this section shall include adequate information for Federal
Government evaluation of the request, incJuding-
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability:
(F) Location oftne project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(4) of chis section.
(ii) A request based on unreasonable cast shall include a reasonable survey of the market and a
completed cast comparison table in the format in paragraph (d) afthis section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
Not Specified/Other
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construction site and any applicable duty.
(iv) Any recipient request for a detennination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit a
satisfactory explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is nonavailability or public
inter'est, the amended award shall reflect adjustment of the award amount, redistribution of
budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or
using the foreign iron, steel, anc:llor relevant manufactured goods.. \\'hen the basis for the
exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award
official shall adjust the award amount or redistribute budgeted funds, as appropriate. by at least the
differential established in 2 CFR 176.110(.).
(3) Unless the Federal Government determines that an exception to section 1605 oftne Recovery Act
applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron,
steel, and/or manufactured goods is noncompliant with the applicable Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost,
the applicant shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description Unit of Quantity Cost
Measure (dollars)'
item 1:
Forei!!T1 steel. iron. or manufactured good
Domestic steel. iron. or manufactured good
item 2:
Foreil?J1 steel. iron. or manufactured good
Domestic steel. iron. or manufactured good
List name, address, telephone number, emaiJ address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
Include other applicable supporting information.
*lnclude all delivery costs to the construction site.
28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY
2009)
THIS A WARD TERM IS APPLICABLE TO RECOVER}' ACT PROGRAMS OR ACTrVTTIES THAT
MA}' INVOLVE CONSTRUCTION. ALTERA TION. MAINTENANCE. OR REPAIR. THIS AW4RD
TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
Not Specified/Other
16
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a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors
and subcontractors on projects funded directly by or assisted in whole or in part by and through the
Federal Government purslla'lt to the Recovery Act shall be paid wages at rates not less than those
prevailing on projects ofa character similar in the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 3] of title 40. United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U,S.c. 3145, the Depamnent of
Labor has issued regulations at 29 CFR parts 1,3, and 5 to implement the Davis-Bacon and related
Acts. Regulations in 29 CFR 5.5 instrucl agencies concerning application of the standard Davis-Bacon
contracl clauses set forth in that section. Federal agencies providing grants, cooperative agreements,
and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract claus"es found in
19 CFR 5..5(a) are incorporated in any resultant covered contracts that are in excess of$2,000 for
construction, alteration or repair (including painting and decorating).
b. For additional guidance on the wage rate requirements of section 1606, contact your awarding agency.
Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning
the application of Davis-Bacon requirements to a particular federally assisted project to the Federal
agenc)' funding the project. The Secretary of Labor retains final coverage authority under
Reorganization Plan Number 14.
29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL A WARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS (MAY 2009)
a. To maximize the transparency and accountability of funds authorized under the American Recovery
and Reinvestment Act of2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in
accordance with 2. CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements"
and OMB Circular A-t02 Common Rules provisions, recipients agree to maintain records that
identify adequately the source and application of Recovery Act funds. Olvm Circular A-102 is
available at http://www.whitehouse.gov/ornb/circulars/alO2/al02.html
b. For recipients covered by the Single Audit Act Amendments of1996 and OJv1B Circular A--133,
.. Audits of States, Local Governments. and Non-Profit Organizations," recipients agree to separately
identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures
offederal Awards (SEf A) and the Data Collection fonn (SF-SAC) required by OMB Circular A-
133. OJ'vIB Circular A-133 is available at http://..v\vw.whitehouse.gov/omb/circulars/a133/aI33.htmL
This shall be accomplished by identifying expenditures for Federal awards made under the Recovery
Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF--SAC by CFDA
number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the
SEFA and as the first characters in Item 9d of Pan III on the SF--SAC.
c. Recipients agree to separately identify to each subrecipient, and document at the time of subaward and
al the time of disbursement of funds, the Federa[ award number, CFDA number, and amount of
Recover)' Act funds. When a recipient awards Recovery Act funds for an existing program, the
information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act
funds from regular subawards under the existing program.
d. Recipients agree to req.uire their subrecipients to include on their SEF A information to specifically
identii~y Recovery Act funding similar to the requirements for Lie recipient SEF A described above.
This information is needed to allow the recipient to properly monitor subrecipient expenditure of
ARRA. funds as weB as oversight by the Federal awarding agencies, Offices ofInspector General and
the Government Accountability Office.
30. DAVIS BACON ACT REQUIREMENTS (MAY 2009)
THIS AWARD TERM IS APPLICABLE TOARRA AW4RDS WHEN WAGE RATE
Not Specified/Other
17
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REOUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT TERM IS APPLICABLE.
THIS A WARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS.
Note: Where necessary to make the conte>..1. of these articles applicable to this award, the term "Contractor"
shall mean "Recipient" and the term "Subcontractor" shall mean "Subrecipient or Subcontractor" per the
following definitions.
Recipienl means the organization, individual, or other entity that receives an award from DOE and is
financially accountable for the use of any DOE funds or property provided for the performance of the
project, and is legally responsible for carrying out the tenns and conditions of the award.
Subrecipienf means the legal entity to which a sub award is made and which is accountable to the recipient
for the use of the funds provided. The term may include foreign or international organizations (such as
agencies of the United Nations).
Davis-Bacon Act
(a) Deflnition.-"Site of the work"-
(1) Means-
(i) The primary site of the work. The physical place or places where the construction called for in
the award will remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of the
building or work is constructed, provided that such site is-
(A) Located in the United States; and
(B) Established specifically for tbe performance of the award or project;
(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile
factories, batch plants, borrow pits. job headquarters, tool yards, etc.. provided-
(i) They are dedicated exclusively, or nearly so, to performance of the award or project; and
(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in
paragraph (a)(1 )(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of
this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool
yards of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular Federal award or project. In addition, fabrication
plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier
which are established by a supplier of materials for the project before opening of bids and not on
the Project site, are not included in the "site of the work." Such permanent, previously established
facilities are not a part of the "site of the work" even if the operations for a period oftime may be
dedicated exclusively or nearly so, to the performance of a award.
(b) (I) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less
than those contained in the wage detennination of the Secretary of Labor which is attached hereto
and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of
any contractual relationship which may be alleged to exist between the Contractor and such
laborers and mechanics. Any wage detennination incorporated for a secondary site of the work
shall be effective from the first day on which work under the award was performed at that site and
shall be incorporated without any adjustment in award price or estimated cost. Laborers employed
by the constrUction Contractor or construction subcontractor that are transporting portions of the
building or work between the secondary site of the work and the primary site of the work shall be
Not Specified/Other
18
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083109
paid in accordance with the wage detennination applicable to the primary site of the work.
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1 (b)(2) ofthe Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (e) of this article; also, regular
contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe
benefits in the wage determination for the classification of work actually performed, without
regard to skill, except as provided in the article entitled Apprentices and Trainees. Laborers or
mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: provided. that the employer's
payroll records accurately set forth the time spent in each classification in which work is
performed.
(4) The wage determination (including any additional classifications and wage rates conformed under
paragraph (c) ofthi5 article) and the Davis-Bacon posler (WH-J 321) shall be posted al all times by
the Contractor and its subcontractors at the site of the work in a prominent and accessible place
where it can be easily seen by the workers.
c. (1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the award shall be classified in
conformance with the wage determination. The Contracting Officer shall approve an additional
classification and wage rate and fringe benefits therefore only when all the following criteria have
been met:
(i) The work to be performed by the classification requested is not performed by a classification
in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known),
or their representatives and the Contracting Officer agree on the classification and wage rate
(including the amount designated for fringe benefits, where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the Administralor of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of LaD or
Washington, DC .20210
The Administ:rator or an authorized representative will approve, modify, or disapprove eve!)'
additional classification action within 30 days of receipt and so advise the Contracting Officer or
will notify the Contracting Officer within the 3D-day period that additional time is necessary.
(3) In the event the Contractor. the laborers or mechanics to be employed in the classification, or their
representatives, and the Contracting Officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), the Contracting
Officer shall refer the questions, including the views of all interested parties and the
recommendation of the Contracting Officer, to the Administraror of the Wage and Hour Division
for determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the Contracting Officer or will notifY the Contracting
Officer within the 3D-day period that additional time is necessary.
Not Specified/Other
19
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083109
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subparagraphs (c)(:!) and (c)(3) of this article shall be paid to all workers performing work in the
classification under this award from the first day on which work is perfanned in the classification.
(d) Whenever the minimum wage rate prescribed in the award for a class oflaborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated
in L1e wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(e) lfthe Contractor does not make payments to a trustee or other third person, the Contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the
written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
Rates of\\'ages
The minimum wages to be paid laborers and mechanics under this award involved in perfonnance of work at
the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of
laborers and mechanics employed on projects of a character similar to the contract work in the pertinent
locality, are included as an attachment to this award. These wage rates are minimum rates and are not intended
to represent the actual wage rates that the Contractor may have to pay.
Payrolls and Basic Records
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the
work and preserved for a period of3 years thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain the name, address, and social security number of each such worker, his
or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(1)(B) of the
Davis~Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under paragraph (d) of the article entitled Davis-Bacon Act,
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section I (b)(2)(B) of the Davis.Bacon Act, the
Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or progrnm is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed
in the applicable programs.
(b) (1) The Contractor shall submit weekly for each week in which any award work is performed a copy of all
payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all
of the information required to be maintained under paragraph (a) of this article. This infonnation may
be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-000 14-1)
is available for this purpose and may be purchased from the -
Superintendent of Documents U.S. Government Printing Office Washington, DC 20402
The Prime Contractor is responsible for the submission of copies o~payrolls by all subcontractors.
(2)
Each payroll submitted shall be accompanied by a "Statement ofCompIiance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the award and shall certify --
(I) That the payroll for the payroll period contains the information required to be maintained under
Not Specified/Other
20
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083109
paragraph (a) of this article and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
award during the payrolL period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the
full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part
3: and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the award.
(3) The weekly submission ofa properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required
by subparagraph (b)(2) of this article.
(4) The falsification of any of the certifications in this article may subject the Contractor or subcontractor
to civil or criminal prosecution under Section JOO] of Title 18 and Section 3729 of Title 31 of the
United States Code.
(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this article available
for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the
Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the
Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit required
records or to make them available. the Contracting Officer may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to
submit the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
\Vithholding of Funds
The Contracting Officer shall, upon his or her own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this
award or any other Federal award with the same Prime Contractor, or any other federally assisted award
subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so
much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices. trainees, and helpers, employed by the Contractor or any subcontractor the full
amount of wages required by the award. In the event of failure to pay any lahorer or mechanic, including
any apprentice, trainee, or helper, employed or working on the site of the work, all or pan of the wages
required by the award, the Contracting Officer may, after written notice to the Contractor, take such action
as may be necessary 10 cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
Apprentices and Trainees
(a) Apprentices.
(1) An apprentice will be permitted to work at less than the predetermined rate for the work they
performed when they are employed-
(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with
the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship and Training, Employer, and.Labor Services (OA TELS) or with a State
Apprenticeship Agency recognized by the OA TELS; or
(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship
program. even though not individua!ly registered in the program, if certified by the OA TELS
or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
Not Specified/Other
2-39
--
21
083109
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
be greater than the ratio permitted to the Contractor as to the entire work force under the registered
program.
(3) Any worker listed on a,payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph (a)(l) of this articlel shall be paid not less than the applicable
wage determination for the classification of work actuaJly performed. In addition, any apprentice
performing work on the job site in excess of the ratio pennined under the registered program shall
be paid not le?s than the applicable wage rate on the wage determination for the work actually
performed.
(4) \\'here a contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages ofthejoumeyman's
hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, e:\1>ressed as a percentage of the journeyman hourly rate specified
in the applicable wage detennination.
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage detennination for the applicable classification.
If t~e Administrator detennines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that detennination.
(6) In the event OA TELS, or a State Apprenticeship Agency recognized by OATELS, withdITIwS
approval of an apprenticeship program, the Contractor will no longer be permined to utilize
apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(b) Trainees.
(1) Except as provided in 29 CFR 5.16, trainees will not be permined to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by
the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer, and Labor Services (OA TELS). The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by
OA TELS.
(2) Every trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees
shall be paid the full amount of fringe benefits listed in the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate in the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the OA TELS
shall be paid not less than the applicable wage rate in the wage determination for the classification
of work actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate in the wage p-etermination for the work actually performed. -
(3) In the event OATELS withdraws approval ofa training program, the Contractor will no longer be
permined to utilize trainees at less than the applicable predetermined rate for the work perfonned
Not Specified/Other
22
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083109
until an acceptable program is approved.
(d) Equal employment oppor.tunity. The utilization of apprentices, trainees, andjoumeymen under this
article shall be in confonnlty with the equal employment opportunity requirements of Executive
Order 11246, as amended. and 29 CFR Part 30.
Compliance with Copeland Act Requirements
The Contractor shall comply with the requirements of29 CFR Part 3. which are hereby incorporated by
reference in this award.
Subcontracts (Labor St:mdards)
(a) Definition. 4<Construction, alteration or repair." as used in this article means all types of work done by
laborers and mechanics employed by the construction Contractor or construction subcontractor on a
particular building or work at the site thereof, induding without limitation-
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated otT~
site;
(2) Painting and decorating;
(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the
building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of
paragraphs (a)(l)(i) and (ii) of the "site of the work" as defined in the article entitled Davis Bacon
Act of this award, and a facility which is dedicated to the construction of the building or work and
is deemed part of the site of the work within the meaning of paragraph (2) of the "site of work"
definition; and
(5) Transportation of portions of the building or work between a secondary site where a significant
portion of the building or work is constructed, which is part of the "site of the work" definition in
paragraph (a){l )(ii) of the Davis-Bacon Act article, and the physical place or places where the
building or work will remain (paragraph (a)(1 lei) of the Davis Bacon Act article, in the "site of the
work" definition),
(b) The Contractor or subcontractor shall insert in any subcontracts for construction, alterations and repairs
within the United States the articles entitled-
(1) Davis-Bacon Act;
(2) Contract Work Hours and Safety Standards Act - Overtime Compensation (if the article is
included in this award);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements:
(6) Withholding of Funds;
(7) Subcontracts (Labor Standards);
(8) Contract Termination - Debarment;
Not Specified/Other
0-
-,
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083109
(9) Disputes Concerning Labor Standards;
(10) Compliance with Davis-Bacon and Related Act Regulations; and
(Il)Certification of Eligibility.
(c) The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor perfonning construction within the United States with all the award articles cited in
paragraph (b).
(d) (l )Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting Officer a
completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for
construction within the Untted States, including the subcontractor's signed and dated acknowledgment
that the articles set forth in paragraph (b) of this article have been included in the subcontract.
Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliverto
the Contracting Officer an updated completed SF 1413 for such additional subcontract
(e) The Contractor shall insert the substance of this article, including this paragraph (e) in all subcontracts
for construction within the United States.
Contract Termination - Debarment
A breach of the award articles entitled Davis-Bacon Act, Contract Work Hours and Safety Standards Act-
Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with
Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis~Bacon and Related
Act Regulations, or Certification ofEligibilit)' may be grounds for termination of the whole award or in
part for the Recovery Act covered work only, and for debarment as a Contractor and subcontractor as
provided in 29 CFR 5.12.
Compliance with Davis-Bacon and Related Act Regulations
AU rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5
are hereby incorporated by reference in this award.
Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving
dispules concerning labor standards requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes and Appeals as defined in J 0 CFR 600.22. Disputes within the meaning of
this article include disputes between the Contractor (or any of its subcontractors) and the contracting
agency. the U.S. Department of Labor, or the employees or their representatives.
Certification of Eligibility
(a) By entering into this award, the Contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the Contractor's firm is a person or finn ineligible to be awarded
Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(b) No part of this award shall be subcontracted to any person or firm ineligible for award ofa
Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CPR 5.12{a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U,S.c. 1001.
Approval of Wage R:ltes
Not Specified/Other
24
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083109
All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work
under this award must be submitt.ed for approval in writing by the head of the contracting activity or a
representative expressly designated for this purpose, if the straight time wages exceed the rates for
corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination
included in the award. Any amount paid by the Contractor to any laborer or mechanic in excess of the
agency approved wage rate shall be at the expense of the Contractor and shall not be reimbursed by the
Government. lfthe Government refuses to authorize the use of the overtime, the Contractor is not released
from the obligation to pay employees at the required overtime rates for any overtime actually worked.
31. HISTORIC PRESERVATION
Prior to the expenditure ofFederaJ funds to alter any structure or site, the Recipient is required to comply
with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with
DOE's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties
that are listed in or eligible for listing in the National Register of Historic Places. In order to fulfill the
requirements ofSectiori 106, the Recipient must contact the State Historic Preservation Officer (SHPO),
and, if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106 review
outlined in 36 CFR Part 800. SHPO contact infonnation is available at the following link:
httn://w\vw.ncshoo.ondfind/index.htm. THPO contact information is available at the following link:
hrto:/Jw\VW .nathno.onvman.hnn I.
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action
that results in an adverse effect to historic properties pending compliance with Section 106.
Recipients should be aware that the DOE Contracting Officer will consider compliance with Section 106 of
]\.WA complete only after the Recipient has submitted adequate background documentation 10 the
SHPO/THPO for its reviewl and the SHPO/THPO has provided written concurrence to the Recipient that it
does not objecllo its Section 106 finding or detennination. Recipient shall provide a copy of this
concurrence to the Contracting Officer.
Not Specified/Other
25
2-43
083109
ATTACHMENT 1- INTELLECTUAL PROPERTY PROVISIONS
Intellectual Property Provisions (NRD-I003)
- Nonresearch nnd Development
Nonprofit organizations are subjt:ct to the intellectual property requirements at 10 CFR 600.136(a), (e) and (d).
All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (e).
600.136 Intangible property.
(a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership
was purchased, under an award. DOE reserves a royalty-free, nonexclusive and irrevocable right to reproduce,
publish or otherwise use the work for Federal purposes, and to authorize others to do so.
(c) DOE has the tight to:
(1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and
(1) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes,
(d) In addition, in response to a Freedom ofInfonnation act (FOlA) request for research data relating to
published research findings produced under an award that were used by the Federal Government in developing
an agency action that has the force and effect oflaw, the DOE shall request, and the recipient shall provide,
within a reasonable time. the research data so that they can be made available to the public through the
procedures established under the FOlA. If the DOE obtains the research data solely in response to a FOIA
request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the
research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable
subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C.
552(a)(4)(A)).
Not Specified/Other
26
2-44
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA (1) ACCEPTING $1,974,300 IN
ENERGY EFFICIENCY & CONSERVATION BLOCK
GRANT FUNDS TO REDUCE FOSSIL FUEL AND
ENERGY USE, (2) ESTABLISHING TWO NEW
CAPITAL IMPROVEMENT PROJECTS - MUNICIPAL
SOLAR PV (G0208) AND PWC BlODIESEL TANK
(G0209), (3) AMENDING THE FY 2010 CAPITAL
IMPROVEMENT PROGRAM, AND (4)
APPROPRIATING $1,974,300 IN GRANT FUNDS TO
THE CITY'S AMERICAN RECOVERY AND
REINVESTMENT ACT FUND
WHEREAS, as part of the federal Energy Independence & Security Act of 2007,
Congress authorized a new Department of Energy program entitled Energy Efficiency &
Conservation Block Grants (EECBG) which was designed to provide local governments
funding to implement strategies to reduce energy use and lower fossil fuel emissions; and
WHEREAS, although the original 5-year EECBG program never received federal
appropriations, the American Recovery & Reinvestment Act of 2009 did include $3.2
billion to support limited EECBG funding throughout the nation; and
WHEREAS, the City of Chula Vista has been allocated $1,974,300 in EECBG
funding bascd on its population (daytime and fulltime) size; and
WHEREAS, at the May 12, 2009, City Council meeting, the City Council
approved staff s strategy for using the grant funds and authorized the City Manager to
execute all documents necessary to obtain and manage EECBG grant funds (Resolution
#2009-116); and
WHEREAS, Chula Vista's EECBG funds will directly support 3 key projects,
Above-Ground Biodiesel Tank, Home Upgrade, Carbon Downgrade Program, and
Municipal Solar Installations which will help lower energy demand and reduce
greenhouse gas (GHG) emissions at municipal facilities and in the community; and
WHEREAS, these projects balance the City's goals of reducing annual municipal
energy costs by installing more energy efficient technologies and renewable energy
systems at municipal facilities with supporting a community-focused energy efficiency
and solar conversion program to help residents and businesses reduce monthly energy use
and costs; and
WHEREAS, as previously approved by City Council (Resolution #2007-241 &
#2009-116), the federal EECBG funds will be leveraged with over $8 million in
California Energy Commission Loans (3.0% or lower interest rate) or San Diego Gas &
Electric On-Bill Financing (0% interest rate) to implement additional municipal retrofit
2-45
Resolution No. 2009-
Page 2
projects which would further reduce municipal energy use and generate General Funds
savings (once the loans are repaid in typically 4-7 years); and
WHEREAS, in addition, the EECBG funds will be supplemented with over $20
million in private, property-secured financing which Home Upgrade, Carbon Downgrade
program participants can also access to fund building retrofit projects; and
WHEREAS, property-secured financing, commonly called AB8!1 financing, is
emerging as a novel tool for local governments to facilitate the installation of water
conservation, energy efficiency, and renewable energy upgrades in the community, and
allows homeowners to finance carbon-saving improvements through a voluntary tax
assessment on their property and
WHEREAS, the homeowners' new assessments are offset by their resulting utility
saVIngs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it hereby: (1) accepts $1,974,300 in Energy Etliciency & Conservation
Block Grant funds to reduce fossil fuel and energy use; (2) amends the FY 2010 Capital
Improvement Program to include two new Capital Improvement Projects - Municipal
Solar PV (GG208) and PWC Biodiesel Tank (GG209); and (3) amends the fiscal year
2010 budget by appropriating $444,000 to the Services and Supplies category, $456,000
to the Other Expenses category, and $1,074,300 to the CIP Project expenditure category
of the American Recovery & Reinvestment Act Fund to be offset by grant revenue.
Presented by
Approved as to form by
Michael T. Meacham
Director, Conservation & Env. Services
2-46
CITY COUNCIL
AGENDA STATEMENT
.::Sw~ CITY OF
.~ (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
NOVEMBER 3, 2009, Item 0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMITTAL OF A GRANT
APPLICATION TO THE CALIFORl'lIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION'S INNOVATIVE
URBAN GREENING GRANT PROGRAM TO EXPAND THE
CHULA VISTA NATURES CAPE PROGRAM AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING
THE GRANT AGREEMENT
DIRECTOR OF CONSERVATION & ENVIRONMENTAL
SERVICES t
I _c..
CITY MANAGER I ~f~
ASSISTANT CITY lANAGER ~
";>J
4/5THS VOTE: YES 0 NO I X I
SUMMARY
In March 2009, the City Council approved submittal of a grant proposal for its NatureScape
program to the CAL FIRE Innovative Urban Greening Grant Program. The Chula Vista
NatureScape program is a community-based initiative to help property owners create
wildlife-friendly, water-smart yards and gardens. The City's $53,000 grant proposal would
provide funds to organize 6 free community workshops to educate the public about
sustainable landscape designs and to distribute 300 NatureScape-In-A-Box kits to program
participants. Due to California's budget issues, the Proposition-supported funding was
delayed until recently. As a result, CAL FIRE is requesting that applicants revise their. grant
submittal resolutions to include the new project end date of March 30, 2012.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the project qualifies for a Class 4 (b) categorical exemption pursuant to Section
15304, Minor Alterations to Land, of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
3-1
NOVEMBER 3, 2009, Item~
Page 2 of3
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Although no formal recommendation was made, the Resource Conservation Commission
was presented information on the grant proposal at their February 9th meeting and was
supportive of the City's grant submittal.
DISCUSSION
In 2006, the City of Chula Vista established the community-based NatureScape program to
help promote nature-friendly yards and gardens which incorporate food and shelter for
wildlife, water-wise plants, mulching, composting and high efficiency irrigation systems.
Through the program, staff assists residents, businesses and schools by hosting free public
workshops and on-site landscape assessments. In addition, the program works closely with
numerous community partners such as the Chula Vista Garden Club, Southwestern College,
Audubon Society (San Diego Chapter), Sweetwater Authority and Otay Water District to
leverage programmatic resources and broaden its positive environmental impact.
Participants who successfully incorporate enough sustainable landscape features into their
gardens and yards are able to get their properties "certified" through the N ationaI Wildlife
Federation. To date, over 100 properties around Chula Vista have been certified through the
program. The program's goal is to become the largest California city certified as a
"Community Wildlife Habitat Area" through the National Wildlife Federation. The
NatureScape program is also one of the core components of the Council-approved climate
protection measures (#7) and helps indirectly reduce greenhouse gas emissions by lowering
outdoor water use.
At their March 3, 2009 meeting, the City Council approved the submittal of $53,000
proposal seeking additional resources for the NatureScape program through the
California Department of Forestry & Fire Protection's (CAL FIRE) Urban Greening
Grant Program and authorized the City Manager to execute all documents in conjunction
with implementing the grant agreement (Resolution #2009-038). Specifically, the grant
proposal requested funding (personnel and supjJlies) to assemble and distribute 300
"NatureScape-In-A-Box" kits to help program participants create new or convert existing
landscaping into more environmentally-friendly areas. The kits, which will consist of a
compost bin, shade tree seedlings, water-saving hose nozzle, wildlife water dish and a
bird feeder, are designed to emphasize and maximize the unique environmental services
that urban "greening" areas can provide. The kits will include instructions on designing
and maintaining sustainable outdoor natural areas. In addition, the grant proposal
requests funding (personnel and supplies) to host at least 6 free public workshops. The
workshops, which are organized with the assistance of local educators and technical
experts, will help educate the broader community about sustainable landscaping
practices.
3-2
NOVEMBER 3, 2009, Item 3
Page 3 of3
Until recently, the CAL FIRE Innovative Urban Greening Grant Program's funds, which
are derived from voter-approved Propositions 40 and 84, have been withheld due to the
State of California's budget issues. Because of this delay, CAL FIRE is now requesting that
applicants revise their grant submittal resolutions to include a new project end date of March
30,2012. The attached resolution includes the requested changes by the nmding agency.
DECISION MAKER CONFLICT
Staff has determined that the recommendations requmng Council action are not site
specific and consequently the 500 foot rule found in California Code of Regulations
section I 8704.2(a)(\) is not applicable to this decision.
CURRENT YEAR FISCAL IMP ACT
The proposed grant project would not create a new impact to the City's General Fund.
The grant would award $53,000 to the City to purchase all supplies and services
associated with the proposed project. In addition, the grant would provide funding to
fully support a part-time, hourly employee (20 hours/week) in the Department of
Conservation and Environmental Services to assist with grant administration and project
implementation. The matching funds required for the grant would be covered through the
Conservation & Environmental Services Department's existing budget and external
funding sources (ex. in-kind donations).
ONGOING FISCAL IMPACT
The proposed grant project, if awarded, would fund the purchase of all supplies and
services associated with project implementation and would not create any ongoing net
impact to the City's General Fund.
ATTACHMENTS
Attachment A - NatureScape-In-A-Box Grant Proposal
Attachment B - Original Grant Submittal Resolution #2009-038
Prepared by: Brendan Reed, Environmental Resource Afanager, Conservation & Environmental Services
3-3
ATTACHMENT A
~\ft-
~
.~. .--
-.- - -
--- -~
CITY OF
CHULA ViSTA
NA TURESCAPE-IN-A-BOX PROJECT
FULL PROPOS.A..L
CAL FIRE Innovative Urban Forestry Grant Program
PROJECT OVERVIEW
:.Vame ofOrgani=an"on
City of Chula Vista ~ Department of Conservation & Environmental Services
Authorized Ciry Representative
Jim Sandoval
City Manager
#!d~."r/,
Program Contact
Brendan Reed
Environmental Resource Nlanager
276 Fourth Avenue
Chula Vista. CA 91910
619-409-5889
breedrwci .chu la-Vista. ca. us
Brief Project Descriplion
The Cit)' of Chula Vista will develop NalZlreScape-In-A-Box kits to help program
participants Create ne\\' or convert existing landscaping into more environmentally~friendly
areas. The kits will be designed to emphasize and maximize the unique environmental
services that urban "greening" areas can provide. The kits will consist of five accessories -
a compost bin, shade rree seedlings, water-saving hose nozzle, wildlife water dish and a
bird feeder - as well as instructions on designing and maintaining sustainable outdoor
natural areas.
Working with local garden clubs, water districts and schools. the City of Chula Vista will
host at least 6 free public workshops to educate community members about sustainable
landscaping practices. The workshops will include sessions on nature-friendly plant
selection, water-efficient irrigation techniques~ energy-saving landscape srrategies,
composting, mulching and organic pesticides/fertilizers. Workshops will playa critical
role in helping to shift the community's perception that urban "green" areas have to be
expansive, water-intensive turf lawns.
llalUreScape-In-A-Box Grant Proposal
Ciry of Chula ViSta
1 of 5
3-4
Funding Levels
Grant Amount - $53,000 Matching Funds - $52,375 Total Project Amount - $105,375
PROJECT NARRATIVE
Project Significance
The NatureScape-In-A-Box project is a locally significant project which also has the
potential to be successfully replicated at a regional and statewide level.
Project Objectives
The goal of the City of Chula Vista's NatureScape-In-A-Box project is to foster the
conversion of hardscapes, turf lawns and landscaping throughout the City into more
environmentally-friendly "green" areas which reduce water use, conserve energy, absorb
nmotI and provide habitat for wildlife. The project also builds upon the success of the
City's ongoing NatureScape program that provides on-site assessments and certifications
for sustainable yards and landscaping in the community.
To achieve the project's goal, the City has established the following objectives:
I. Develop and assemble at least 300 NatureScape-In-A-Box kits which will include
educational materials and devices to help participants make their "green" areas
more environmentally-sustainable
2. Host at least 6 free public workshops at the MacKenzie Creek Park demonstration
garden to educate at least 300 participants about environmentally-friendly
landscape design principles and the NatureScape-In-A-Box kits
3. Perform at least 300 on-site assessments for residents, businesses, schools and/or
municipal facilities to evaluate their "green" areas, distribute the NatureScape-In-
A-Box kits and certify their properties through the City's NatureSeape program
Methods & Results
To achieve these objectives, the City will work with current community stakeholder groups
and technical experts to develop and launch the NatureScape-In-A-Box project.
Community partners include 3 local gardening clubs, the San Diego Audubon Society (San
Diego Chapter), Southwestern College, Gtay Water District and Sweetwater Authority
Water District. City staff with the assistarice of its partners will purchase and assemble the
NatureScape-In-A-Box kits and develop education materials to describe the kits' purpose
and contents. Staff will integrate these kits into free community workshops which will
broadly educate participants about environmentally-friendly landscaping and gardening
practices. Workshops will be led by trained instructors and include various topics such as
nature-friendly landscaping principles, proper plant selection, energy-efficient tree
placement, high efficiency irrigation technologies and verrniculture composting. To help
broadly promote the project, the City will develop printed flyers and signage to solicit
public participation. Additional promotion will be through the City's (and community
partners') established marketing channels including bimonthly Chula Vista CLEAN
stakeholder meetings, print advertisements, utility bill inserts and electronic newsletters.
These methods will help the project successfully achieve its stated objectives of
distributing 300 kits and enrolling 300 residents in the workshops and overall NatureScape
program. Participating residents will take the first crucial step to converting their
hardscapes, turf lawns and water-thirsty landscaping into more environmentally-friendly
NatureScape-In-A-Box Grant Proposal
City of Chula Vista
20f5
3-5
"green" areas which reduce water use, conserve energy, absorb runoff and provide habitat
for wildlife.
Communitv Needs. Benefits, & Involvement
With the rapid urbanization of California's landscapes, many communities are losing the
environmental and societal benefits that "green" or natural areas create. The majority of
remaining "green" areas are now limited to landscaping and yards surrounding residences,
businesses, schools and municipal facilities. These vegetative areas still provide a critical
suite of environmental services by stabilizing topsoils, reducing air pollutants, cooling air
temperatures and absorbing stonnwater runoff. However, with the current statewide
drought and the long-term scarcity of water in Southern California, a new paradigm of
urban "greening" is developing. In lieu of water-thirsty lawns and exotic plant species,
vegetative areas are now being designed to use watcr efficiently, to include wildlife-
friendly plant species, to provide energy-saving shade and to capture stonnwater runoff.
The City of Chula Vista's proposed NatureScape-In-A-Box project provides a powerful
tool to educate residents, businesses and students about the importance of urban "greening"
to a community's economic and environmental sustainability.
Community involvement will include working with local garden clubs, water districts and
schools to educate community members about sustainable landscaping practices (see
Attachment A for community support letters). Community engagement will be achieved
through half-day workshops providing educational sessions on nature-friendly plant
selection, water-efficient irrigation techniques, energy-saving landscape strategies, proper
shade tree planting & maintenance, compo sting, mulching and organic
pesticides/fertilizers. Workshops will play a critical role in helping to shi ft the
community's perception that urban "green" areas have to be expansive, water-intensive
turf lawns. Finally, program participants who successfully incorporate these landscape
features will be able to get their garden and/or yard certified as an otlicial environmentally-
friendly habitat through the City's NatureScape program and the National Wildlife
Federation. Participants also receive an aluminum sign for their property recognizing their
certification and helping build community awareness for citywide urban greening efforts.
PROJECT DESCRIPTION
Location
The City of Chula Vista is San Diego County's second largest municipality with
approximately 227,000 residents. Located seven miles from downtown San Diego and
seven miles from the busiest international border
crossing in the world, Chula Vista is at the crossroads
of the San Diego/Baja region. The City's total land
area of 33,024 acres is diverse from coastal shoreline in
the west to the San Miguel Mountains in the east. The
majority of the City's remaining "green:' areas are now
limited to landscaping and yards surrounding
residences, businesses, schools and municipal [acilities.
It is anticipated that the 300 properties receiving
NatureScape-In-A-Box kits will be distributed evenly
throughout the City's geographic area.
NatureScape-In-A-Bnx Grant Proposal
City of Chuta Vista
3 of 5
3-6
Project Staffing
The NatureScape-In-A-Box program will involve a minimum of 4 City staff members from
the Department of Conservation and Environmental Services. Staff positions range from
Mid-Management and Professional levels to part-time entry level. All participating staff
members have extensive experience with the design and implementation of community-
based environmental initiatives. In addition, a minimum of 4 community partners will
volunteer staffing sueh as Landscaping Professionals and Conservation Coordinators.
Materials, Equipment, & Services
Materials will be purchased through multiple vendors as follows:
Bird Feeder (humming bird & sock feeder) and Hanging Birdbath - BestNest.com
Compost Bins - The Home Depot,
Positive Shut-Off Hose Nozzle - The Home Depot
Plant Material- Recon Native Plants & The Home Depot. .
Services to be provided to ensure successful project implementation include organizing
public workshops, developing NatureScape-In-A-Box kits and marketing the program.
These services will be provided by the Chula Vista Department of Conservation and
Environmental Services. Additional technical expertise and advice will be obtained
through partner agencies including, but not limited to, Southwestern College (Landscape
Design & Horticulture Division), National Wildlife Federation, Sweetwater Authority and
Otay Water District. No specialized equipment is required for project implementation.
EDUCATION & PUBLIC AWARENESS
Planned media applications include the City of Chula Vista's web site, the NatureScape
brochure, workshop recruitment flyers, newspaper advertisements (Star News) and
presentations to local community groups. In addition, project-specific publications will be
developed and distributed through a direct mailer effort. These advertisements will reach
up to 80,000 households in Chula Vista and help ensure that at least 300 residents
participate in the project.
ENVIRONMENTAL CHECKLIST
See Attachment B.
CITY COUNCIL RESOLUTION
The City of Chula Vista's City Council will be voting on March 3, 2009 to adopt the
resolution outlined in Attachment C. After the Council's vote, City staff will forward the
signed resolution to its regional CAL FIRE Urban Forestry Specialist.
OTHER FORMS
Attachment D - Statement of Compliance with Applicable Laws
Attachment E - Vendor Data Record
NatureScape-In-A-Box Grant Proposal
City ofChula Vista
40f5
3-7
Project Budget
CALFIRE Match Total Notes
Budget Item Funds Funds.
Match Funds
Kits include: Bird Feeder ~ $5.00 (Bestnest.com)
1. Develop & assemble "NatureScape- Bird Bath - $17.00 (Bestnest.com)
$ - $ 17,475 $ 17,475 Compost Bin - $5.00 (Home Depot)
/n-A-Box" kits Garden Hose Nozzle - $7.50 (Home Depot)
Plant Material- $18.00 (RECON Nursery)
Miscellaneous & Taxes - $5.75
State Funds
2. Host at least 6 free public workshops Workshop supplies and materials ($250 each)
at the MacKenzie Creek Park $ 10,500 $ 9,500 $ 20,000 Env. Resource Specialist time ($94/hr; 16 hrs/wksp)
demonstration garden Match Funds
6 Experts($25/hr; 10.5 hrs for each workshop)
State Funds
50% of Conservation Specialist time ($15.50/hr; 20 hrs/wk
3. Perform on-site assessments & for 1.5 yrs)
certify participants' properties through $ 32,500 $ 24,400 $ 56,900 5% of Env. Resource Manager ($11 O/hr; 2 hrsl\vk for 1.5
yrs)
the City's NatureScape program Match Funds
6 Conservation Specialists time (2 hrsl\vk for 1.5 yrs)
300 certifications ($40 each)
State Funds
4. Develop & distribute marketing & Printing & distribution of workshop packets, recruitment
outreach materials $ 10,000 $ 1,000 $ 11,000 flyers, newspaper advertisements & direct mailers
Match Funds
Graphic Designer time (S200/marketing piece)
TOTAL $ 53,000 $ 52,375 $ 105,375
50% 50% 100%
. Matching funds are provided through in-kind community volunteer & City staff time as well as funding through the City's General Fund
and local utility partnership program
Project Timeline
Task Description Duration Notes
1. Develop & assemble "NatureScape-ln- 6 months - Purchase materials for kits & assemble as
A-Box" kits needed
2. Host at least 6 free public workshops - Schedule workshops at demonstration
at the MacKenzie Creek Park 1.5 years garden every other month
- Coordinate with presenters and technical
demonstration garden experts for educational components
3. Perform on-site assessments & certify - Following each workshop, schedule
participants' properties through the City's 1.5 years appointments with individuals to certify
NatureScape program properties
- Work with Graphic Artist to design and
4. Develop & distribute marketing & 3 Months develop materials for program
outreach materials - Have materials printed & distributed thru
City's marketing mechanisms
5. Program & grant administration 1.5 years - Establish procedures & schedule for grant
reporting and invoicing
NatllreScape-In-A-Box Grant Proposal
City ofChula Vista
3-8
50f5
ATTACHMENT A
SAN DIEGO AUDUBON SOCIETY
4891 Pacific Highway, Suite 112. San Dicgo CA 92110.619/682-7200
Mr. Michael Meacham
Department of Conservation and Environmental Services
276 Fourth Avenue
Chula Vista Ca 91910
Dear Mr. Meacham,
Thc San Diego Audubon Society is pleased to support the "NatureScape in a Box" Program. We
believe the "NatureScape in a Box" Program will help to foster the conversion of hardscapes,
turf lawns and landscaping throughout the City into more environmentally-friendly "green" areas
which reduce water use, conserve energy, absorb runoff and provide habitat for wildlife. The
project also builds upon the success of the City's ongoing NatureScape program that provides
on-site assessments and certifications of sustainable yards and landscaping in the community.
The "NatureScape in a Box" program also complements our organization's 'Audubon at Home'
program which similarly aims to educate and empower residents to develop and maintain spaces
that support our local wildlife communities. In addition, this program harmonizes with the
Flyway Cities Coalition, for which San Diego Audubon is the local coordinator. The goal of the
Flyway Cities Coalition is to increase the quality and quantity of wildlife habitat in urban San
Diego County while activating a strong foundation of public support and volunteerism for this
effort. We feel confident that the "NatureScape in a Box" Program will not only directly benefit
the community of Chula Vista, but will serve as an important model for expanding
environmentally-friendly landscaping practices to greater San Diego County.
We look forward to working with the Department of Conservation and Environmental Services
and the "NatureS cape in a Box" Program once funded.
Sincerely,
J!~ 0L;J
Shannon Dougherty
Conservation Coordinator
San Diego Audubon Society
3-9
1755 SOlum Boulevard
Son Di"go. CA 92] 54
P 619 423.2284 F 619 423.0632
Ie<:~n !'lOl ive pic n 13 .cem
RECON
Native Plants, Inc.
February 8, 2009
Mr. Michael Meacham
Department of Conservation and Environmental Services
276 Fourth Avenue
Chula Vista Ca 91910
Dear Mr. Meacham,
RECON Native Plants, Inc. is pleased to support the "NatureScape in a Box" Program. We believe the "NatureScape in a
Box" Program will help to foster the conversion of hardscapes, turf lawns and landscaping throughout the City into more
environmentally-friendly "green" areas which reduce water use, conserve energy, absorb runoff and provide habitat for
wildlife. The project also builds upon the success of the City's ongoing NatureScape program that provides on-site
assessments and certifications of sustainable yards and landscaping in the community.
This program also complements our organization by bringing awareness of native plants and native habiat to the average
homeowner As water becomes more scarce in Southern California there will be an increase in demand for drought
tolerant plants for the landscape. This program will be well positioned to lead in the conversion of landscapes towards
drought tolerant and native plant material and help foster education about native plants among homeowners and their
landscape contractor.
We look forward to working with the Department of Conservation and Environmental Services and the "NatureScape in a
Box" Program once funded.
Sincerely,
Ryan West
General Manager
RECON Native Plants, Inc.
Via e-mail
3-10
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South Bay Botanic Garden
February 1 0, 2009
~r. ~ichael~eacharn
Department of Conservation and Environmental Services
276 Fourth A venue
Chula Vista Ca 91910
Dear Mr. Meacham,
The South Bay Botanic Garden is pleased to support the "NatureScape in a Box" Pro-
gram. We believe the "NatureScape in a Box" Program will help to foster the conversion
of hardscapes, turf lawns, and landscaping throughout the City into more environmen-
tally-friendly "green" areas which reduce water use, conserve energy, absorb runoff and
provide habitat for wildlife. The project also builds upon the success of the City's ongo-
ing NatureScape program that provides on-site assessments and certifications of sustain-
able yards and landscaping in the community.
This program also complements our organization by providing a showcase where local
San Diego South Bay residents can visit our garden and observe how the "green" move-
ment can be designed in both a beautiful, and yet functional, landscape. For example, we
recently embarked on a project to convert 3,000 square feet of traditional turfgrass areas
into a curving path bordered by water-saving ornamental grasses. Projects such as these
can only benefit our visiting public and ultimately conserve our dwindling water sup-
plies.
We look forward to working with the Department of Conservation and Environmental
Services and the "NatureS cape in a Box" Program once funded.
Sincerely,
Bill Hornyak, Professor
South Bay Botanic Garden
Southwestern College
900 Otay Lakes Road
Chula Vista, CA 91910
619-421-6700 ext 5371
3-11
...Cj)cdiCalcd lo CO",ll\u"il~ ge,\VlCe
2554 SWEETWATER SPRINGS BOULEVARD, SPRING VAllEY, CALIFORNIA 91978-2004
TELEPHONE: 670-2222, AREA CODE 619 Www.otaywater.gov
February 17, 2009
Mr. Michael Meacham
Department of Conservation and Environmental Services
276 Fourth Avenue
Chula Vista Ca 91910
Dear Michael,
The Gtay Water District is pleased to support the "NatureS cape in a Box" Program. We
believe the "NatureScape in a Box" Program will help to foster the conversion of
hardscapes, grass lawns and landscaping throughout the City into more environmentally-
friendly "green" areas which reduce water use, conserve energy, absorb runoff and
provide habitat for wildlife. The project will build upon the success of the City's ongoing
NatureScape program that provides on-site assessments and certifications of sustainable
yards and landscaping in the community.
This program also fully complements the District's ongomg water conservation and
public outreach programs.
We look forward to working with the Department of Conservation and Environmental
Services and the "NatureS cape in a Box" Program once funded.
Sincerely,
W~L
William E. Granger
Water Conservation Manager
3-12
SWEETWATER AUTHORITY
505 GARRETT AVENUE
POST OFFICE BOX 2328
CHULA VISTA, CALIFORNIA 91912-2328
(619) 420-1413
FAX (619) 425-7469
http://www.sweetwater.org
GOVERNING BOARD
W.O. "BUD" PCCKLINGTON. CHAIR
RON MORRISON, VICE. CHAIR
R. MITCHEL BEAUCHAMP
JOSE PREClAOO
MARIA RUBALCABA
TERESA 'TEARY" THOMAS
t,'lAAGAAET COOK WELSH
MARK N. ROGERS
GENERAL MANAGER
JAMES L. SMYTH
OPERATIONS MANAGER
February 17, 2009
Mr. Michael Meacham
City of Chula Vista
Department of Conservation and Environmental Services
276 Fourth Avenue
Chula Vista Ca 91910
Dear Mr. Meacham:
Sweetwater Authority is pleased to support the "NatureScape in a Box" Program. We
believe the "NatureScape in a Box" Program will help to foster the conversion of
hardscapes, turf lawns, and landscaping throughout the City into more environmentally-
friendly "green" areas which reduce water use, conserve energy, absorb runoff and provide
habitat for wildlife_ The project also builds upon the success of the City's ongoing
NatureScape program that provides on-site assessments and certifications of sustainable
yards and landscaping in the community.
This program also complements our organization by supporting the Authority's ongoing
water use efficiency and public outreach programs.
We look forward to working with the Department of Conservation and Environmental
Services and the "NatureScape in a Box" Program once funded.
Sincerely,
'~L~
Mark Rogers
General Manager
A Public Water Agency
Serving National City, C/;ula Vista and Surrounding Areas
3-13
I ATIACHMENT B
Califomia Department of Forestry and Fire Protection
Urban Forestry Program
~.
.""""''-;
'- ,. -,~- .-,
,ll'.'f ,_
~~-
ENVIRONMENTAL CHECKLIST
Part 1: ADMLNSTRATIYE INFORMATION
1. Project Title: NatureScape-ln-A-Box
2. Project Applicant's Name: City of Chula Vista
3. Name and title of checklist preparer' Brendan Reed, Environmental Resource Manager
This checklist is intended for use by applicants for California Department of Forestry and Fire Protection
(CAL FIRE) Urban Forestry Program projects. It is modeled after the California Environmental Quality Act
(CEQA) Environmental Checklist, which has been modified to more closely focus on the types of actions
and impacts expected to occur while conducting urban forestry tree planting projects. As the lead agency
under CEQA, CAL FIRE must make a determination as to a project's potential environmental impacts,
develop mitigations if necessary and determine the level of environmental documentation and review
required. The completion of this checklist will assist CAL FIRE in identifying impacts of the proposed
project prior to approval. To meet that need someone that is intimately familiar with the project and
knowledgeable on potential environmental consequences must complete this checklist. The information in
the checklist is meant to supplement the information provided in your application. Maps and photos
supplied with your application will assist in CAL FIRE's review. This checklist is available electronically
(MS Word 97) or may be completed by hand. If you need assistance please contact CAL FIRE's Urban
Forestry Program personnel.
It is the intent of CAL FIRE and the Urban Forestry Program to approve tree-planting projects that are
categorically exempt from further environmental review under CEQA. In order for a project to qualify for a
categorical exemption CAL FIRE must find that there are no "unusual circumstances" associated with the
project that lead to the project having impacts on environmental resources (e.g., threatened or
endangered species, aesthetics, cultural resources, water quality, etc). CEQA does not allow for a
project's impacts to be minimized or compensated under a categorical exemption; avoiding impacts to
resources is the only mitigation permitted. To meet that end, the following questions were designed to
identify environmental impacts that may occur in various tree-planting settings and encourage project
applicants to develop measures to avoid those impacts. In the event that potential impacts to a resource
are identified it is recommended that the project applicant redesign or reconfigure their project proposal to
avoid impacts to the resource. Failure to fully avoid impacts will result in your project requiring a "higher
level" of environmental review such as the preparation of a negative declaration or environmental impact
report This could be costly and delay your project. Because of the time and cost associated with the
preparation of a negative declaration or environmental impact report CAL FIRE encourages you to
change your project in order to qualify for a categorical exemption,
A brief explanation is required for "Yes. responses to the following questions. Responses must be
supported by facts, not merely the personal opinion of the checklist preparer.
All responses must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
Earlier analyses may be used where an impact has been adequately analyzed in an earlier EJR or
neaative declaration. In this case, a brief discussion should identify the earlier analysis, describe the
mitigations that were developed and supply copies of relevant sections/pages. A source list should be
attached and other sources used or individuals contacted should be cited in the discussion sections
where necessary.
Environffi(:ntal Chcddisl, c.A..L FlRE.Urban Fores!>;
Pag(: 1 org
3-14
Part 2: PROJECT DESCRIPTION
1. Project Location:
(City, County, Nearest Town, etc.)
Chula Vista, CA
2. Description of Project: Describe the entire project, including but not limited to size and numbers of
trees, size and depth of excavations, planting site preparation (i.e., land clearing), equipment to be
utilized in planting and preparing the planting site (e.g., backhoes, power augers,' heavy
equipment), later phases of the project, and any secondary, support, or off-sile features necessary
for the project's implementation. Emphasis should be placed on activities that will potentially
impact the environment rather than describing project benefits.
The City of Chula Vista will develop "NatureScape-ln-A-Box" kits to help participating residents create
more environmentally-friendly landscaped areas. The kits will consist of five accessories - a compost
bin, native planVshade tree seedlings, water-saving hose nozzle, bird feeder and water bowl - as well as
instructions on designing and maintaining sustainable outdoor natural areas.
Working with local garden clubs, water districts and schools, the City of Chula Vista will also host at least
6 free public workshops to educate community members about sustainable landscaping practices. The
workshops will include sessions on nature-friendly plant selection, water-efficient irrigation techniques,
energy-saving landscape strategies, composting, mulching and organic pesticides and fertilizers.
3. Identify the type(s) of setting(s) where your project will be located.
'~:'~'~i~1~}?!~~ik~~l{l~~5It~llftl~~~&f~~~i~i~~~~i~~~{9~~1
0 Street (parkways. medians. sidewalks. etc.) 0 Undeveloped land
0 Existing landscaped city/county park 0 New or rural park
0 Existing landscaped school grounds 0 New school grounds
0 Urban trail, bike trail 0 Agricultural land
0 Public building grounds 0 Historic district, railroad right-of-way
~ Other similar urban or developed setting. D Riparian area (within 100 It of a stream,
Describe setting: Residential Drooerties lake or wetland)
throuohout the City of Chula Vista
0
Other similar rural, undeveloped or
wildland setting. Describe setting: _
Projects confined to urban or
developed settings must address
questions in Checklist, Part 4.
Projects that include rural,
undeveloped or wildland settings must
address questions in Checklist, Parts
3 and 4.
Environmcntul ChccklisL CAL FIRE-Urhan For~stf'}.
Page:2 or9
3-15
Part 3: ENVIRONMENTAL IMPACT ANALYSIS FOR PROJECTS
IN RURAL, UNDEVELOPED OR WILDLAND SETTINGS
Projects, or portions of projects, planned for rural, undeveloped or wildland settings may have
impacts on various resources (e.g., threatened or endangered species, cultural resources, water
quality, etc.). Therefore, project applicants must conduct the following resource studies to
determine if resources exist that warrant protection.
Resource Studies:
Conduct a Natural Oiversitv Data Base Search
Contact CAL FIRE, Urban Forestry Program staff to determine how to conduct a Natural Diversity Data
Base (NDDB) Search. Submit a copy of the search results along with this Environmental Checklist. If the
NDDB search identifies any threatened or endangered species of animals or plants that may be present
describe avoidance measures in the appropriate discussion section.
Conduct an archaeoloQical records check
Contact CAL FIRE, Urban Forestry Program staff to determine how to conduct an Archaeological Records
Check. Submit a copy of the results along with this Environmental Checklist. If the Records Check
identifies cultural resources within the project site describe measures to avoid impacts in the appropriate
discussion section.
Conduct an archaeolooical survey
Contact CAL FIRE, Urban Forestry Program staff to determine how to conduct an archaeology survey.
Submit a copy of the survey results along with this Environmental Checklist. If the archeological survey
identifies cultural resources within the project site describe measures to avoid impacts in the appropriate
discussion section.
Based on the results of the resource studies please respond to the following questions for projects
located in rural, undeveloped or wildland settings.
1. Discuss the results of the resource studies and briefly describe the archaeological and biological
resources identified within your project site.
Will the project:
2. Require the removal of native vegetation (trees, shrubs) prior to planting, thereby potentially
impacting threatened or endangered plant or animal species or cultural resources?
DYes 0 No
3. Require extensive soil disturbance, thereby potentially causing soil erosion and impacting,
threatened or endangered species or cultural resources?
DYes
DNa
Environmcntnl ChccklisL CAL FIRE-Uroan ForcslJY
Page 3 or9
3-16
4. Require the use of large equipment (i.e. backhoe) thereby potentially impacting threatened or
endangered species or cultural resources?
DYes ONo
5. Occur within 100 feet of a perennial watercourse, riparian zone or wetland thereby potentially
impacting threatened or endangered species, cultural resources or riparian values?
DYes 0 No
6. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural
use?
DYes 0 No
7. Discuss any "Yes" responses and describe measures to avoid impacts.
Environment.:!! ChccklisL CAL FIRE-Urban Forcsll;,'
Page 4 of9
3-17
Part 4: ENVIRONMENTAL IMPACT ANALYSIS FOR ALL PROJECTS
Please answer the following questions for all projects and discuss all uYes" responses.
Will the proposed project:
1. Require approval from other public agencies (e.g., permits, financing approval, or participation
agraement (e.g., grading permits, CAL TRANS encroachment permits, right-of-way easements, etc.))
o Yes ~ No
2. Include activities that were identified in other environmental documents or analyses and support
findings or no significant impact (e.g., CEQA documents, environmental surveys, general plans,
studies, reports, etc.)
o Yes ~ No
3. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over
the project (including, but not limited to general plans, specific plans, local coastal programs, or
zoning ordinances)?
o Yes ~ No
4. Conflict with any ordinances protecting biological resources, such as tree preservation ordinance,
Habitat Conservation Plan. or other policy?
o Yes ~ No
5. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result. would it create a significant hazard to the public
or the environment?
o Yes ~ No
6. Result in trees, once mature, coming into contact with power lines?
Environmental Chceklist CAL FIRE.Urban Forcsuy
Page 5 of9
3-18
DYes
~No
7. Expose' people or structures to the risk of loss, injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
o Yes ~ No
8. Have sufficient water supplies available to serve the project from existing entitlements and
resources or substantially deplete groundwater supplies or interfere SUbstantially with groundwater
recharge such that there would be a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g.. the production rate of pre-existing nearby wells would drop to a level
which would not support existing land uses or planned uses for which permits have been granted)?
o Yes ~ No
9. Result in substantial adverse impacts to public services for tree pruning and maintenance?
o Yes ~No
10. Substantially increase the use oi existing neighborhood and regional parks or other recreational
facilities or require the construction oi additional recreational iacilities resulting in significant
environmental impacts?
o Yes ~ No
En\'ironmcnlal ChecklisL c.~ FIRE-Urban Forestry
Page () of9
3-19
11.lnc1ude trees known to produce pollen/allergens/odors that are irritants or objectionable to large
numbers of people?
o Yes ~ No
12. Substantially damage a scenic resource or vista or degrade the existing visual character or quality of
the site and its surroundings including, but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
DYes
~No
13. Result in, once trees are mature, undesirable shading of nearby property, including residences,
offices, swimming pools, solar energy collectors, recreational facilities, etc. or subject adjoining
properties to excessive amounts of litter and/or debris?
DYes
~No
14. Obscure public safety improvements such as streetlights, traffic signals, signs, etc.?
DYes
~No
If you checked "No" to all preceding questions or checked "Yes" and have provided the required
Resource Studies and identified measures sufficient to protect all resource values the project may
be categorically exempt from further environmental review. Sign the Certification, below, and
submit this Checklist with your application to the CAL FIRE, Urban Forestry Program office. CAL
FIRE will review your responses and determine whether additional environmental review is
necessary prior to project approval.
Environmental CheckliSl CAL FIRE-Urhan Forestry
Page? of9
3-20
Part 5: CERTIFICATION
I certify that I have reviewed the proposed project's description and inspected the project site(s). I have
provided accurate and factual responses to the questions and have supplied accurate information when
requesting database searches. In my opinion the proposed project will not have any negative impacts on
the environment.
S~h~ prepare-;'"
2Io/CfC\
, D.ate
Environmental ChcckH:-;L CAL FIRE-Urban Forestry
3-21
Page 8 of9
Part 6: DETERMINATION
DETERMINATION (To be completed by CAL FIRE, Urban Forestry Program Personnel)
As a representative of CAL FIRE and as lead agency for environmental review under CEQA I have
determined that an environmental impact evaluation for the proposed project has been satisfactorily
completed.
On the basIs of this evaluation:
o
o
o
o
o
o
I find that the proposed project will not have a significant effect on the environment and meets
the Class 4 (Minor Alterations to Land) categorical exemption requirements. This project Is
therefore exempt from. the requirement for the preparation of environmental documents. CAL
FIRE will prepare a Notice of Exemption (NOE).
I find that the proposed projectcouid not have a significant effect on the environment and does
not meet the Class.4 categorical exemption requirements; therefore a negative deciaration will
be prepared.
I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the applicant. A mitigated negative declaration will be prepared.
I find that the proposed project may have a significant effect on the environment, and an
envIronmental impact report is required.
I find that the proposed project may have a "potentially significant impact" or "potentially
significant unless mitigated impact" on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An environmental impact report is required, but it must analyze only the effects that
remain to be addressed.
I find that although the proposed project could have a significant effect on the envIronment,
because all potentIally significant effects (a) have been analyzed adequately in an earlier EIR or
Negative DecIaratIon pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to an earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
Signature of Authorized CAL FIRE Reviewer
Date
Print Name
Title
Environmcnuli ChCeJ.:IiSL CAL FIRE-Urbun Forestry
Page 9 of9
3-22
DRAFT RESOLUTION
ATTACHMENT C
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SUBMITTAL OF A GRANT APPLlCA nON TO
THE CALIFORi\I1A DEPARTNfENT OF FORESTRY AND FIRE
PROTECTION TO EXPAND THE CHULA VISTA NATURESCAPE
PROGRANl AND AUTHORIZING THE CITY tvlAJ.JAGER TO EXECUTE
ALL DOCUJ'vfENTS IN CONJUNCTION WITH IMPLEMENTING THE
GRANT AGREEMENT
WHEREAS, With the rapid urbanization of California's landscapes, many communities are losing the
environmental and societal benefits that "green" or natural areas create; and
WHEREAS, the City's NatureScape program helps foster the conversion of hardscapes, turf lawns and
water-thirsty landscaping throughout the City into more environmentally-friendly "green" areas which
reduce water use, conserve energy, absorb runoff and provide habitat for wildlife; and
WHEREAS, the Governor of the State of California in cooperation with the California State Legislature
has enacted Proposition 40/84, which provides funds to the State of California and its political
subdivisions for urban forestry programs; and
WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility
for the administration of the program within the State, setting up necessary procedures governing
application by local agencies and non-profit organizations under the program, and
WHEREAS, said procedures established by the State Department of Forestry and Fire Protection require
the applicant to certify by resolution the approval of application before submission of said application to
the State; and
WHEREAS, the City, if awarded the grant, will enter into an agreement with the State of California to
carry out an education project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby:
1. Approve the filing of an application for "PROPOSITION 40/84" education grant program funds
through the California Department of Forestry & Fire Protection's Urban Greening Grant
Program; and
2. Certifies that it has sufficient funds to begin, operate and complete the project within 3 years; and,
3. Appoints the City Manager, or his designee, as agent of the City of Chula Vista to conduct all
negotiations, execute and submit all documents including, but not limited to applications)
agreements, amendments, payment requests and so on) which may be necessary fDr the
completion of the aforementioned project.
3-23
~\ft-
~
_"_-4_ "...~.
~-
ATTACHMENT D
em' OF
CHULA VISfA
CONSERVATION & ENVIRONMENTAL SERVICES
DEPARTMENT
Statement of Compliance With Applicable Laws
L _Brendan Reed_, certify that the _City ofChula Vista_
will abide by all applicable federaL state, and Jocallaws, ordinances, regulations and
policies in carrying out this State bond-funded project Failure to do so will lead to
cancellation of the grant award.
.....:;:7 ,~l
//,/?),~' (/ ..---
I _.7.,...-.. I I-----<-- ------..
Sizriature.>'
- "
.I. J
2,. \=<'rc:'\
Date I {
Environmental Resource Mana2er
Title
619-409.5889
Phone Number
Printed on Recycled Paper, Naturally!
:1.7:: FOURTH AVENUE i. CHULA VISTA i. CAUFORN1A 91910 t. 1~\91 ~O:,...JS32 i. FAA {61'=1,,7S.;310
3-24
5T" TE OF CAlIFORNI".D:P/,RTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the Slale of California in lieu of IRS W.9)
5TD.204(Rl!v_6-2003}
~
~
~
PAYEE
ENTITY
TYPE
CHECK
ONE BOX
ONLY
tJ
PAYEE
RESIDENCY
STATUS
~
~
ATTACHMENT E
INSTRUCTIONS; Complete all information.on this form. Sign, dale, and return to the State agency (departmenlloffice) address shown at
the bottom of this page. Prompt return of this fully completed form will prevent delays when processing payments. Information provided in
this form will be used by Stale agencies to prepare Information Returns (1099). See reverse side for more information and Privacy
Statement.
NOTE: Governmental entilies. federal. Stale. and local (includinq school districts). are nol required \0 submil this form.
PAYEE'S LEGAL BUSINESS NAME (Type or Printl
Ciry ofChula Vista
SOLE PROPRIETOR - ENTER NAME AS SHOWN ON SSN (La5t. Firsl MJ.) E-MAIL ADDRESS
MAILING ADDRESS
276 Fourth Avenue
CITY, STATE, ZIP CODE
Chuta Vista. CA 91910
BUSINESS ADDRESS
Some
CITY, STATE, ZIP CODE
ENTER FEDERAL EMPLOYER IDENTiFICATION NUMBER {FEIN):
NOTE:
Payment will not
be processed
without an
accompanying
taxpayer I.D.
number.
D PARTNERSHIP
D ESTATE OR TRUST
CORPORATION:
o MEDICAL (e,g., dentistry. psychotl'1erapy. chiropractic. etc.)
o LEGAL (e.g.. attorney services)
IA EXEMPT (nonprofit)
o ALL OTHERS
D INDIVIDUAL OR SOLE PROPRIETOR
ENTER SOCIAL SECURITY NUMBER:
{SSN reauired bv authoritv of California Revenue and Tax Code Sectian 186461
D California resident - Qualified to do business in California or maintains a permanent place of business in California.
[] California nonresident (see reverse side) _ Payments to nonresidents for services may be subject to State income tax
withholding.
o No services performed in California.
o Copy of Franchise Tax Board waiver of State withholding attached.
I hereby certify under penally of perjury that the information provided on this document is true and correct
Should my residency status change, I will promptly notify the State agency below.
AUTHORIZED PAYEE REPRESENTATIVE'S NAME (Type or Print)
('/+,-1...1...; (-l 15
SIGNATURE !ldt.
Plea~e return completed form to:
California Department of Forestry & Fire Protection
Department/Office:
TITLE
ASST 1> 11'1- F I iJp.rJ I
TELEPHONE
-tv'1-38"2-0
DATE
2-1:2--01
Unit/Section:
Urban Forestry Section
Mailing Address:
PO Box 944"46
City/StatefZip:
Telephone: L-)
Sacramento. CA 94244-2460
N/A
Fax: (---1
N/A
E-mail Address:
N/A
3-25
ATTACHtvfENT B
RESOLUTION NO. 2009-038
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMITTAL OF A GRANT
APPLICATION TO THE CALlFORo"JIA DEPARTMENT OF
FORESTRY AND F1RE PROTECTION TO EXPAND THE
CHULA VISTA NATURESCAPE PROGRA.M AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING
THE GRANT AGREEMENT
WHEREAS, with the rapid urbanization of California's landscapes, many communities
are losing the environmental and societal benefits that "green" or natural areas create; and
WHEREAS, the City's NatureScape program helps foster the conversion of hardscapes,
turf lawns and water-thirsty landscaping throughout the City into more environmentally-friendly
"green" areas which reduce water use, conserve energy, absorb runoff and provide habitat for
wildlife; and
WHEREAS, the Governor of the State of California in cooperation with the California
State Legislature has enacted Proposition 40/84, which provides funds to the State of California
and its political subdivisions for urban forestry programs; and
WHEREAS, the State Department of Forestry and Fire Protection has been delegated the
responsibility for the administration of the program within the State, setting up necessary
procedures governing application by local agencies and non-profit organizations under the
program; and
WHEREAS, said procedures established by the State Department of Forestry and Fire
Protection require the applicant to certifY by resolution the approval of application before
submission of said application to the State; and
WHEREAS, the City, if awarded the grant, will enter into an agreement with the State of
California to carry out an education project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby:
1. Approve the filing of an application for "PROPOSITION 40/84" education grant
program funds through the California Department of Forestry & Fire Protection's
Urban Greening Grant Program.
2. Certifies that it has sufficient funds to begin, operate and complete the project
within 3 years.
..._-~ .....~--_.._~-_.
.---, ~3--2G
Resolution No. 2009-038
Page 2
3. Appoints the City Manager, or his designee, as agent of the City of Chula Vista to
conduct all negotiations, execute and submit all documents including, but not
limited to applications, agreements, amendments, payment requests and so on,
which may be necessary for the completion of the aforementioned project.
Presented by Approved as to form by
~
Michael Meacham
Conservation and Environmental Services
Director
C........... ,.
, '. '-Z
/~0/ /;~~<~D
&rt-C. Mi,?'1~ ;A/;
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 3rd day of March 2009 by the following vote:
AYES:
Councilmembers:
Bensoussan, Castaneda, Ramirez, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
McCaJUl
Chcryl c~~
ATTEST:
(jPff}<~ jJ ;t;M '
Donna R. Norrls, CIVIC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-038 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 3rd day of March 2009.
Executed this 3rd day of March 2009.
L if ~JV;^~uiJ
Donna R. Noms, CMC, City Clerk
3-21
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMITTAL OF A GRANT
APPLICATION TO THE CALIFOR,'lIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION'S INNOVATIVE
URBAN GREENING GRANT PROGRAM TO EXPAND THE
CHULA VISTA NATURES CAPE PROGRAM AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS IN CONJUNCTION WITH IMPLEMENTfNG
THE GRANT AGREEMENT
WHEREAS, with the rapid urbanization of California's landscapes, many communities
are losing the environmental and societal benefits that "green" or natural areas create; and
WHEREAS, the City's NatureScape program helps foster the conversion of hardscapes,
turf lawns and water-thirsty landscaping throughout the City into more envirorunentally- fi-iendly
"green" areas which reduce water use, conserve energy, absorb runoff, and provide habitat for
wildlife; and
WHEREAS, the Governor of the State of California in cooperation with the California
State Legislature has enacted Proposition 40/84, which provides funds to the State of Cali fornia
and its political subdivisions for urban forestry programs; and
WHEREAS, the State Department of Forestry and Fire Protection has been delegated the
responsibility for the administration of the progran1 within the State, setting up necessary
procedures governing application by local agencies and non-profit organizations under the
program; and
WHEREAS, said procedures established by the State Department of Forestry and Fire
Protection require the applicant to certify by resolution the approval of application before
submission of said application to the State; and
WHEREAS, the City, if awarded the grant, will enter into an agreement with the State of
California to carry out an education project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
I. That it approves the filing of an application for "PROPOSITION 40 and 84" urban
forestry grant program funds through the California Department of Forestry & Fire Protection's
Innovative Urban Greening Grant Program.
2. That it certifies that said applicant has or will have sufficient funds to operate and
maintain the project.
3-28
3. That it certitles that funds under the jurisdiction of City of Chula Vista are available to
begin the project.
4. That it certifies that said applicant will expend grant funds prior to March 30, 2012.
5. That it appoints the City Manager, or his designee, as agent of the City ofChula Vista
to conduct all negotiations, execute and submit all documents including, but not limited to
applications, agreements, amendments, payment requests and so on, which may be necessary for
the completion of the aforementioned project.
Presented by
Approved as to form by
/
/
I
~a;/
Michael T. Meacham
Director, Conservation and
Environmental Services
3-29
CITY COUNCIL
AGENDA STATEMENT
~v~ ClIT OF
.~& (HULA VISTA
Hem No.: J.\
Meeting Date: 11-03-09
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista
authorizing staff to transmit a land use scenario to SANDAG for
use in preparation of the 2050 Regional Growth Forecast
Deputy City ManagltRtreetor of Development Services
SUBMITTED BY:
REVIEWED BY:
I!A )
City Manager~
~
4/5THS VOTE: YES
NO~
SUMMARY
In August 2009, staff provided a report and San Diego Association of Government (SANDAG)
staff made a presentation to the City Council regarding SAj\JDAG's 2050 Growth Forecast and the
need for residential housing capacity to meet projected demands to 2050. Per SANDAG's request
and Council direction, staff has reviewed thc four model scenarios that SANDAG has created. This
report outlines the effects each of the scenarios would have on Chula Vista, and presents an
alternative scenario for Chula Vista for City Council consideration.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as detined under Section 15378 of the State CEQA Guidelines because transmittal of a
land use scenario to SANDAG for modeling purposes only will not result in a physical change to
the environment; therefore, pursuant to Section l5060( c )(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no envirorunental review is necessary.
RECOMMENDATION
That the City Council adopt the attached resolution authorizing staff to transmit a land usc
scenario to SANDAG for use in preparation of the 2050 regional gro\Vih forecast.
4-1
Item No.: 4
Meeting Date: 11-03-09
Page 2 of6
BOARDS/COMMISSION RECOMMENDA nON
Not applicable
DISCUSSION
Background
Approximately every 5 years, SANDAG prepares a Regional Growth Forecast as part of its
requirements for receiving federal and state transportation funding, among other purposes. The
Forecast is used to prepare the Regional Transportation Plan (RTP) and a variety of other regional
planning documents and funding programs, including the Smart Growth Incentive Grant Program.
Through early work on the forecast, SANDAG has identified that the collective housing capacity
of adopted land use plans across the region is not sufficient to accommodate proj ected growth.
The region effectively runs out of available housing capacity around 2030-35, and needs about
70,000 more units to meet remaining forecast demand to 2050. In past forecasts, when supply
within the region was saturated, housing demand was exported to adjoining regions in Imperial,
Orange and Riverside Counties, and Baja California. Under SB375, the region needs to
internally accommodate that capacity, and cannot effectively export that demand as in the past.
As a result, the 2050 Forecast needs to model housing capacities beyond those in adopted plans.
The forecast typically looks out 25 years; however, SANDAG is now extending the forecast out to
2050. There are several factors behind SA1"JDAG's extending the current forecast's horizon to
2050. By extending out to 2050 the upcoming RTP update will cover the duration of the TransNet
sales tax that expires in 2048. In addition, the County Water Authority (CW A) is updating its
Urban Water Management Plan that extends beyond 2035; and the forecast will be used to develop
the region's first Sustainable Communities Strategy (SCS) as required by the passage of SB375.
The SCS will address the region's ability to meet State Greenhouse Gas (C02) reduction
requirements that have benchmark performance milestone years extending to 2050.
SANDAG has been working with the regions' planning and community development directors
through the Regional Planning Technical Working Group (TWG) to identify a series of land use
scenarios that could bridge the housing capacity gap. As reported to Council in August, four
scenarios were produced and SANDAG requested every jurisdiction to review and provide input
regarding a suitable capacity scenario for their jurisdiction. Staff has evaluated SANDAG's
scenarios based on the policies in our General Plan regarding the proximity of high intensity
residential to transit and the need to maintain existing stable neighborhoods. As a result of our
evaluation, staff has produced an alternate scenario that could result in an increase in the City's
residential capacity consistent with the policies of the General Plan. It is important to remember
that forecasting growth is not an exact science and that staff has endeavored to compose a future
growth scenario that we believe is reasonable.
The following presents each of the four scenarios developed by SANDAG and why staff feels
they are not reasonable to use for the 2050 Forecast. Included is a brief discussion of the
adopted General Plan to provide a benchmark for the evaluation of the scenarios.
4-2
Item No.: '-I
Meeting Date: 11-03-09
Page 3 of 6
Existing Plan and Policies - 2005 General Plan
The existing General Plan Update (GPU) was adopted in 2005 and encompasses a variety of
"Smart Growth" planning themes including the concept of increased mobility through many
modes of transportation. As a result, the Land Use Element of the General Plan included
increased densities and capacities in several areas including the City's Urban Core Specific Plan,
the Southwest and the Otay Ranch. A total of 16,400 units (including the deferral area) were
added through the GPU bringing the City's current overall residential growth capacity to 27,600
units. This represents slightly more than a doubling of our previous capacity. General Plan
capacity assumcs that dcvelopment occurs at mid-range densities, typically in the 75th percentile
and takes into account constraints such as topography, envirorunental considerations and existing
development. It assumes there will be redevelopment in selected locations as well as
development in those areas of the City that are currently vacant. Chula Vista's current capacity
represents about 7.4% of the region's capacity based on the adopted General Plans of all of the
jurisdictions in the County.
Maximum Plan Densitv
The maximum plan density scenario presumes that all new development and planned
redevelopment would occur at the maximum density allowed under the General Plan. This
would result in an additional 6,944 units beyond the 27,600 units currently anticipated. Under
this scenario, these additional units would be spread uniformly onto all of the identified
development/redevelopment properties throughout the City. Spreading density throughout the
City is contrary to the Smart Growth concept used to develop the General Plan. As Smart
Growth policies dictate, the GPU added capacity in areas where transit was readily available as
well as services within a reasonable walking distance. Also, as noted above, our experience is
that actual development averages around 75% of the General Plan density. A scenario that
assumes that all developable parcels will develop at their maximum allowable density is
Wlrealistic.
"10 Minute Walk" Transit Station Redevelopment
This scenario presumes that all areas with multi-family and mixed-use designations within a 10-
minute walk of the existing high frequency transit stops (existing trolley and major bus stops)
can be redeveloped to a maximum plan density, or a minimum of 25du/acre (whichever is
greater). It also presumes that commercial lands can be redeveloped to a residential mixed-use
maximum of 25 du/acre.
The scenario would result in densification up to 25 duJacre within areas included in the Urban
Core Specific Plan (UCSP). Some portions of the UCSP are currently intended to have
residential development up to 60 du/ac (Residential-High); however other multi-family
designations in the UCSP are lower than 25 du/ac. This scenario illogically spreads 25 du/ac
densities to all multi-family areas in the UCSP including those that are not intended to have this
high of a density. This scenario assumes that all commercial land within the UCSP will
redevelop as mixed use residential with a minimum of 25 du/acres. SANDAG's assumptions
apply to purely commercial lands including those that are intended to remain entirely
commercial with no mixed used component.
4-3
Item No.: If
Meeting Date: 11-03-09
Page 4 of6
Under this scenario, development would also occur at 25/du acre along both sides of "H" Street
east of 1-805 between Telegraph and Olympic Parkway to an area slightly east of its intersection
with Otay Lakes Road. The General Plan designates the "H" Street corridor with a range of
residential uses, most of which are far less than 25 du/acre.
This scenario would result in an additional 21,217 dwelling units beyond the current General
Plan and would create densification in many of the City's established stable neighborhoods.
The higher density in this scenario is spread over a much larger portion of the City than
anticipated in the General Plan.
Transit Investment Area
This scenario presumes that all muti-family and mixed-use planned lands within the "Transit
Investment Area" can be built to maximum plan density, or a minimum of25 duJac (whichever
is greater). The "Transit Investment Area" has been defined as areas where in the future the
Transit Providers (MTS and NCTS) will focus infrastructure investments and services such as
enhanced bus stations/stops and more frequent bus stops. The "Transit Investment Area" covers
most of the western portion of the City and a great deal of the eastern portion as well. This
scenario will result in an additional 15,021 dwelling units beyond the current General Plan. As
with the "10 Minute Walk" scenario, this scenario would also introduce high density
development into existing stable neighborhoods within both the west and east sides of the City.
Smart Growth Area Scenario
This scenario presumes that existing/planned Smart Growth areas, identified on the SANDAG
"Smart Growth Concept Map" (Concept Map) are built to maximum plan density. This would
result in an additional 4,742 units beyond the capacity that is currently anticipated in the adopted
GP. The Regional Comprehensive Plan (RCP) developed by SANDAG calls for better
coordination between land use and transportation. The Concept Map identifies locations in the
region, 15 of which are in Chula Vista, that can support smart growth and transit in various types
of areas. Many of the locations identified by SANDAG were included in the General Plan
Update "Areas of Change" and much of the needed future residential capacity was already added
through the GPU.
The Concept Plan identifies areas for Smart Growth in both the UCSP and Southwest. Prior to
the GPU the maximum residential growth capacity in the UCSP area was 10,481 units; following
the GPU the capacity is 16,781 units, an increase of 6,300 units. Prior to the GPU the maximum
capacity in Southwest was 4,724 units, following the GPU the maximum capacity in Southwest
is 8,224. Through the General Plan the density that was added into existing areas considered the
constraints that existed. These constraints include an existing infrastructure network that
provides roads, schools, parks, etc. SANDAG's assumes these Smart Growth areas will develop
to the maximum density and does do not take into consideration the constraints of the already
built environment.
The Concept Map also identifies several Smart Growth areas in the Otay Ranch. Some are
already developed areas such as the Heritage Village in Village One and the Otay Ranch Town
Center and others are in the planning phase such as the Eastern Urban Center (EUe) and
4-4
Item No.: 1-
Meeting Date: 11-03-09
Page 5 of 6
University Villages. Capacity within the Otay Ranch (including the deferral area) had an
increase of 6,600 units as a result of the GPU. Staff does believe that there are areas in the Otay
Ranch that can accommodate additional residential capacity and those areas in Otay Ranch that
are potentially suitable for increased residential densities are included in staffs recommended
alternative scenario. Since portions of Otay Ranch are undeveloped sufficient opportunities
remain to provide the necessary infrastructure.
Staff Recommended Alternative Land Use Capacitv Scenario
In 2008, the City entered into two separate Land Offer Agreements (LOAs) in order to secure
land for the University and Regional Technology Park envisioned in the General Plan. The
LOAs generally provide for potential development beyond the GPU of approximately 6,500
dwelling units between both ownerships, in exchange for approximately 210 acres of land
conveyed to the City for use as a University and Regional Technology Park and other
considerations. Currently, staff is reviewing proposed General Plan amendments for a portion of
the land covered by the LOAs. Through this evaluation the necessary infrastructure will be
identified and planned for.
The City's General Plan capacity Citywide is currently 27,600 and the LOAs would increase the
capacity by 6,500 units to a total of 34, I 00. For the reasons stated above, staff believes that the
residential capacity anticipated from the LOAs is a preferable modeling alternative for
SANDAG's use in determining the 2050 Forecast.
Staff also feels this is a reasonable fair share for Chula Vista. The additional 6,500 residential
units represent approximately 9% of the 70,000 units identified as the region's shortfall. As
previously mentioned, Chula Vista's existing General Plan capacity represents about 7.4% of the
region's residential capacity.
As noted above, forecasting growth is not an exact science; it is the regional planners' best
estimate of where and how growth will occur in the region. The "additional" units are for
purposes of forecasting and long-range regional planning. There is no obligation on the part of
the City to either approve or build these units. City staff will continue to work with SANDAG
staff to refine the scenario assumptions. These assumptions will include development
phasing/timing such as inclusion in the models of the additional residential capacity beyond the
year 2030-2035. This time period is a reasonable assumption for the increased growth since
2030 is the buildout horizon of the current General Plan and 2030-2035 is the time period
SANDAG estimates the existing capacity in the region would be exhausted.
DECISION-MAKER CONFLICTS:
Staff has reviewed the decision contemplateu 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)(l ) is not applicable to this decision.
4-5
Item No.: if
Meeting Date: 11-03-09
Page 6 of 6
FISCAL IMPACT
None. Staff time associated with the proposed forecast review is already included in the adopted
FY2009-10 budget.
ONGOING FISCAL IMPACT
None; the associated review will be completed by December 2009.
ATTACHMENTS
N/A
Prepared by: lvIarilyn Ponseggi. Principal Planner, Development Services Department
J: IPlanningv.HARlLYN\2050 ForecastlAgSt.j 1.3.09~FlNAL.doc
4-6
RESOLUTION 2009 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING STAFF TO TRANSMIT A
LAND USE SCENARIO TO SANDAG FOR USE IN
PREPARATION OF THE 2050 REGIONAL GROWTH
FORECAST
WHEREAS, the San Diego Association of Governments (SANDAG) prepares a Regional
Growth Forecast every five years as part of its requirements for receiving federal and state
transportation funding; and
WHEREAS, as a result of State legislation the Regional Growth Forecast must project
growth to the year 2050; and
WHEREAS, SANDAG has identitied that the collective housing capacity of the adopted
land use plans across the region are not sufficient to accommodate projected grow1h to the year
2050; and
WHEREAS, SAl'IDAG has been working with the Cities in the region to identify a series
of land use scenarios that could bridge the housing capacity gap; and
WHEREAS, SANDAG has requested the City's'assistance in determining an appropriate
land use scenario for Chula Vista to be used in the 2050 Forecast that is currently being formulated;
and
WHEREAS, the General Plan Update was adopted in 2005 and encompasses a variety of
"Smart Growth" planning themes that resulted in increased densities and capacities in several
areas of the City; and
WHEREAS, the City has entered into Land Offer Agreements (LOAs) with two property
owners within Otay Ranch that could provide for potential development beyond the GPU of
approximately 6,500 dwelling units; and
WHEREAS, City staff has identified that the Land Use Scenario that includes the
residential densities identified in the Land Offer Agreements should be transmitted to SANDAG as
an alternative land use scenario for Chula Vista for SANDAG to use in preparing the 2050 Regional
Growth Forecast; and
4-7
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines
because transmittal of a land use scenario to SANDAG for modeling purposes only will not
result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the
State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City ofChula Vista
does hereby authorize staff to transmit an alternative Land Use Scenario that includes the residential
densities identified in the Land Offer Agreements as depicted in Exhibit A to SANDAG.
BE IT FURTHER RESOLVED, that the City Council directs staff to work with SANDAG
on determining appropriate development phasing/timing for the scenario that will add the
additional residential capacity to the Forecast-beyond the year 2030-2035.
Presented by
Approved as to form by
Gary Halbert, AICP, PE
Deputy City Manager/Director of
Development Services
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CITY COUNCIL
AGENDA STATEMENT
'l!;,L",,:i ,,;; ~,.
~ \ 'f:. CITY OF
~CHULA VISTA
",,'
I;.
11/03/09, Item~
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA A WARDING A CONTRACT FOR THE DEVELOPMENT OF
A BIKEWAY MASTER PLAN U~ATE TO KTU+A IN AN
AMOUNT NOT TO EXCEED $149,~~
DIRECTOR OF PUBLIC WORKS f:JY' ~
ASSISTANT DIRECTOR OF ENGINE~
CITY MANAGE~
ASSISTANT CIT~'arANAGER sr
4/5THS VOTE: YES D NO [gJ
ITEM TITLE:
REVIEWED BY:
SUMMARY
In order to receive State funding for bicycle improvements, the City needs to have a Bikeway
Master Plan approved within the past five years. Council approved the City's last Bikeway
Master Plan on January 19, 2005. Bascd on the results of an interview process and evaluation
criteria, it is recommended that a contract be awarded to KTU+A for development of a Bikeway
Master Plan Update.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 6 categorical exemption pursuant to Section 15306 (Information CoIlection) of the
State CEQA Guidelines because the proposal seeks to develop and prepare a Bikeway Master
Plan Update leading to an action or actions that the City of Chub Vista has not yet approved,
adopted, or funded. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
5-1
11/03/09, Item b
Page 2 of 4
DISCUSSION
The objective of the Bikeway Master Plan is to guide the way the City plans and implements
bikeway improvements considering the City's focus on commuter users, and to review and make
recommendations on how the current City bikcway network can be updated to best suit the needs
of the City now and in the future. The Plan will identify and analyze existing bikeway
conditions, existing and potential bikeway routes, and potential bikeway infrastructure
improvement projects in order to improve the environment for bicyclists and provide and
improve connections along bikeway routes.
In order to use the region's transportation funding most effectively, the San Diego Association of
Governments (SANDAG) requires that each local agency in the region have a Bikeway Master
Plan in order to compete for and receive funding for bikeway projects. State law also requires
that local agencies prepare and adopt a Bicycle Transportation Plan that complies with Streets
and Highway Code Section 891.2 in order to be eligible for Bicycle Transportation Account
(BTA) funding for bikeway improvements. BTA program guidelines require that the Plan be
approved within the past five years.
Agencies may apply for funding to develop or update their Bikeway Master Plans through
SANDAG's annual TDAlTransNet Claim cycle for pedestrian and bicycle project funding.
Since there was no available funding for Fiscal Year 2008-09, staff applied for Fiscal Year 2009-
10 funding, as authorized by Council on April 28, 2009 by Resolution 2009-096 (Attachment I).
On June 26, 2009 the SANDAG Board of Directors awarded the City a $150,000 Transportation
Development Act (TDA) grant for the development of a Citywide Bikeway Master Plan Update.
A Request for Proposals (RFP) to develop a Bikeway Master Plan Update was circulated with
the following given as major tasks:
. Develop a community outreach program and a system for public input.
Evaluate existing bikeway facilities.
. Evaluate existing 2005 Bikeway Master Plan projects for status, and recommend if
incomplete projects should be deleted or updated.
. Recommend frequency and location for bicycle counts.
. Estimate the number of existing bicycle commuters in the plan area and the estimated
increase in the number of bicycle commuters resulting from implementation of the
Plan.
. Prepare maps and descriptions of existing and proposed bikeways and bicycle
transport and parking facilities for connections with other transportation modes.
. Coordinate the Bikeway Master Plan with other local and regional transportation, air
quality, and energy conservation plans, including programs that provide incentives for
bicycle commuting.
. Provide a description of the projects proposed in the plan and a listing of their
priorities for implementation.
Provide a description of past expenditures for bicycle facilities and future financial
needs for projects that improve safety and convenience for bicycle commuters in the
plan area.
. Provide a Project Sheet for High Priority Projects, including an itemized cost
estimate.
5-2
11/03/09, Item~
Page 3 of 4
Describe potential funding sources for the prioritized list of projects, with separate
funding identified for each phase.
Finalizing the Bikeway Master Plan Update for presentation to City leadcrs and the
public.
The consultant selection process was conducted in accordance with Section 2.56.110 of the
Chula Vista Municipal Code. City staff received proposals from four firms. Since all four firms
met the qualiiications stated in the RFP, they were all invited to the interview process. The
interviews were.held on August 21,2009. The results of the interview process are as follows:
Firm Final Cost I'roposal
Rank
KTU+A, San Diego, California I $149,685
Alta Planning + Design, San Diego, California 2 $148,145
Rick Engineering Company, San Diego, California 3 $167,310
Darnell & Associates, San Diego, California 4 $149,850
The interview panel concluded that KTU+A should be ranked as the number one firm. Since
three of the four iirms (including KTU+A) had cost proposals between $148,000 and $150,000,
cost was not a deciding factor. KTU+A has extensive local experience in the preparation of
bicycle and pedestrian master plans, including their key staff members proposed for this contract.
Since two of the key staff members are certified bicycling instructors, they also have extensive
personal experience as bicyclists. Their presentation and responses demonstrated that they have
a good understanding of bikeway issues in Chula Vista. City staff had a favorable experience
with KTU+A during the completion of the previous Bikeway Master Plan, which has assisted the
City in obtaining funding for several bikeway projects. Their traffic subcontractor, Fehr and
Peers, also has extensive statewide traffic engineering experience related to bicycle and
pedestrian planning.
During negotiations, staff discussed the proposed list of tasks to be performed as a part of the
contract, as well as the proposed cost estimate. The Consultant agreed to include the collection
of bicycle counts at 12 locations, which was not included in their original proposal, without an
increase in cost.
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)(l) is not applicable to this decision.
CURRENT FISCAL IJ\;1l' ACT
Award of this contract will not impact the General Fund. Funding for this project has been
approved as part of the Fiscal Year 2009-10 Capital Improvement Program under STL-351. This
includes $150,000 in a TDA grant and $50,000 in Transnet funds.
5-3
11/03/09, Item~
Page 4 of 4
ONGOING FISCAL IMPACT
Award of this contract will not have any direct ongoing fiscal impact. Since completion of this
plan will improve the City's chances of obtaining grant funding for bicycle facilities, the plan is
expected to have an indirect positive future fiscal impact.
A TT ACHlYIENTS
1. Resolutton 2009-096
2. Agreement with KTU+A
Prepared bY' Elizabeth Chopp. Senior Civil Engineer. Public Works- Engineering
J IEngineel'IAGENDAICAS20091J J-03-09IA 113 Bikeway Mastel' Plan.doc
5-4
A IT ACHMENT I
RESOLUTION NO. 2009-096
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT
APPLICATION AND CERTIFYING MATCHING FUNDS FOR
THE I STREET SIDEWALK IMPROVEMENTS At"lD
APPROVING THE SUBMITTAL OF A GR.A.NT APPLICATION
FOR THE BIKEWAY MASTER PLAN UPDATE TO THE SAN
DIEGO ASSOCIATION OF GOVERNMENTS FOR FISCAL
YEAR 2009/2010 TRANSPORTATION DEVELOPtvlENT ACT
At"lD TRANSNET FUNDING FOR BICYCLE AND
PEDESTRlA.N PROJECTS
WHEREAS, the State Transportation Development Act (TDA) and TransNet programs
generally provide funding for bicycle and pedestrian facilities through a competitive grant
process on an annual basis. The San Diego Association of Governments (SM'DAG) issued a
call for projects on April 8, 2009 for funding during fiscal year 2009/20 I 0; and
WHEREAS, funds are provided on a non-competitive basis for the preparation of a
Bikeway Master Plan cvery five years. An updated plan is required to obtain certain regional
and State funding for bicycle facilities. Since the City's current Bikeway Master Plan was
completed in January 2005, the City is eligible to apply for funding of $150,000 to update this
plan; and
WHEREAS, the 1 Street Sidewalk Improvement project will complete the missing
pedestrian improvements on the north side of I Street between Hilltop Drive and First Avenue,
which is within 'I ,-mile of Hilltop Drive Elementary School. This project is estimated to cost
$232,440 with a requested grant amount of$1 ]6,220; and
WHEREAS, there is sufficient TransNet funding in sidewalk installation CIP projects
ST1336 and ST1347 to provide the $116,220 in matching funds for the I Street Sidewalk
Improvements project; and
\VHEREAS, since the current action seeks only to approve the submittal of a grant
application, this action is not subject to CEQA pursuant to Section 15060(c)(3) of the State
CEQA guidelines. Should grant funding be procured, additional environmental review will
subsequently be conducted and the appropriate environmental determination will be made.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the submittal of a grant application and certifies matching funds for
the ] Street Sidewalk Improvements and approves the submittal of a grant application for the
Bikeway Master Plan Update to the San Diego Association of Governments for fiscal year
2009/2010 Transportation Development Act and TransNet funding for Bicycle and Pedestriall
projects.
5-5
Resolution No. 2009-096
Page 2
Presented by
Approved as to form by
~/?c-~
Richard A Ho s
Director of Public Works
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California., this 28th day of April 2009 by the following vote:
AYES:
Councilmembers:
Bensoussan, Castaneda., McCann, Ramirez, and Mayor Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
r' 1
Ii. {!~
./ h... \...
Cheryl Cox, MaJr .
ATTEST:
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Donna R. Norri:!, Civfc, City Clerk
8T ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
J, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-096 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 28th day of April 2009.
Executed this 28th day of April 2009.
;(L ~ JI;;f,J,~
Donna R. Norris, MC, City Clerk
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY nIE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUN IL
L
ati C. Miesfeld
City Attorney
Dated: 10/Zr/m
I J
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND
KTU+A
FOR DEVELOPING A BIKEWAY MASTER PLAN UPDATE
5-7
Parties and Recital Pagels)
Agreement between
City ofChula Vista
and
KTU+A
for Developing a Bikeway Master Plan Update
This agreement ("Agreement"), dated (date of Council approval) for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit
A, Paragraph 2, as such ("City"), whose business fonn is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals
WHEREAS, bicycle use for both recreation and commuting purposes has increased
significantly in Chula Vista and surrounding regions; and
WHEREAS, the 1975 "Original Bike Route Element of the General Plan" has been
updated several times, most recently in 2005; and
WHEREAS, the City requires that a consulting finn develop a Bikeway Master Plan
Update (Plan). The purpose of the Plan is to guide the way the City plans and implements
bikeway improvements; and,
'vVHEREAS, the Consultant selection process has been conduCted in accordance with
Section 2.56.110 of the Chula Vista Municipal Code. The selection panel has determined that
Consultant is the finn best qualified to undertake the services described in the Agreement; and,
WHEREAS, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
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NOW, THEREFORE, BE IT RESOL VED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are hereby incorporated into this Agreement.
ARTICLE I. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on the attached
Exhibit A, Paragraph 7, entitled "General Duties".
2. Scope of Work and Schedule. In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services described in Exhibit A,
Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General
Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the
time frames set forth therein, time being of the essence of this Agreement. The General
Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defined Services
by the times indicated does not, except at the option of the City, terminate this
Agreement.
l. Reductions In Scope oj Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with said reduction.
ll. Additional Services. In addition to performing the Defined Services herein set forth,
City may require Consultant to perform additional consulting services related to the
Defined Services ("Additional Services"), and upon doing so in writing, if they are
within the scope of services offered by Consultant, Consultant shall perform same on
a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be'
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
l. No {Folver o/Standard ojCare. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws; codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
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B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state Imv and implementing regulations. No
provision of the Agreement requires the Consultant to observe or enforce compliance with
any provision, pertonn any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of the
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, terminate the
Project, or portions thereof, expeditiously.
I. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all Project participants, such as subcontractors, comply with all applicable laws,
regulations, ordinances, and policies, whether federal, state, or local, affecting Projeet
implementation. In addition, if a subeontractor is expeeted to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall assure that the subeontraetor
earries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement" and for twelve (12) months aticr completion, pol icies of insurance from
insurance companies to protect 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
Agreement and the results of that work by the Consultant, his agents, representatives,
employees or subcontractors and provide documentation of same prior to commencement
of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
I. eGL Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOl).
II AlIto. Insurance Services Office Form Number CA 000 I covering Automobile
Liability, Code 1 (any auto).
Ill. We. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
IV. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
3. Minimum Limits of Insurance. Contractor must maintain limits no less than those
included in the table below:
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i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
annlicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each emolovee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
I. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by.or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
II. Primary Insurance. The Consultant's General. Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
contractor and in no way relieves the contractor from its responsibility to provide
Insurance.
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Ill. Callcellarioll. The insurance policies required 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 certitied mail, return receipt requested. The words "will endeavor" and
"but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents, or representatives" shall be delcted from all certificates.
IV. Active Negligellce. Coverage shall not extend to any indemnity coverage for the
active negligcnce of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
v. /f/aivero/Subrogatioll. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
I. Retro Date. The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
II. JllOli7tellallce alld EVldellce. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion of the contract work.
Ill. Callcdlatioll. If coverage is canceled or non-renewed, and not replaced with anothcr
claims-made policy fonn with a "Rctro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of five (5)
years after completion of contract work.
IV. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptabilitv of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of Cali fomi a 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 specitically rated.
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8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements affecting coverage required by Section C. The endorsements
should be on insurance industry forms, provided those endorsements or policies conform
to the contract requirements. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require, at
any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
9. Subcontractors. Consultants must include all subconsultants as insureds under its policies
or furnish separate certificates and endorsements for each sub consultant. All coverage for
subconsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
I. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such business
in the State of California, listed as approved by the United States Department of Treasury
Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is
sufficient to issue bonds in the amount required by the agreement, and which also satisfy
the requirements stated in Section 995.660 of the Code of Civil Procedure, except as
provided otherwise by laws or regulations. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act. Surety companies must
be duly licensed or authorized in the jurisdiction in which the Project is located to issue
bonds for the limits so required. Form must be satisfactory to the Risk Manager or City
Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Exhibit A, Paragraph 18.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
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subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant ah'Tees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chub Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule therein contained, and to
provide direction and guidance to achieve the objectives of this Agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term of
the agreement. In addition thereto, City agrees to provide the information, data, items and
materials set forth on Exhibit A, Paragraph 9, and with the fi.lrther understanding that delay in
the provision of these materials beyond thirty (30) days after authorization to proceed, shall
c'onstitute a basis for the justifiable delay in the Consultant's performance of this agreement.
B. Compensation.
I. Following Receipt of Billing. Upon receipt of a properly prepared billing from
Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but
in no event more frequently than monthly, on the day of the period indicated in Exhibit
A, Paragraph 17, City shall compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10,
adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, subject to the requirements for retention set forth in
Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 11.
2. Supporting Information. Any. billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable
thereunder is proper, and such billing shall specifically contain the City's account number
indicated on Exhibit A, Paragraph I7(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost I)
incurred prior to the effective date of this Agreement; 2) arising out of or related to the
errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents,
employees, or subcontractors.
l. Errors and Omissions. In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of work under this
Agreement has resulted in expense to City greater than would have resulted if there
were no sueh negligence, errors, omissions, Consultant shall reimburse City for any
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additional expenses incurred by the City. Nothing herein is intended to limit City's
rights under other provisions of this agreement.
4. Pavment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
1. Consultant S Obligatioll to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
I. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph I 4 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this agreement.
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4. Promise Not to Acquire ConOictinl! Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Dutv to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney of City if Consultant learns of an economic interest
of Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Consultant warrants, represents and
agrees:
I. That neither Consultant, nor Consultant's immediate family members, nor
Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject
matter of the Defined Services, or in any property within 2 radial miles from the
exterior boundaries of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14.
II. That no promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
iii. That Consultant Associates shall not acquire any such Prohibited Interest within the
Term of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
IV. That Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party that may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
IV. LIQUlDA TED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
I. Estimating Damal!es. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
. amount to compensate for delay.
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2. Amount of Penaltv. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten (10) calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. fNDEMNIFICA nON
A. Defense, Indemnity, and Hold Harmless.
. I. General Requirement. Except for liability for Professional Services covered under
Article V, Section (A)(2), Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from and against any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of or incident to any alleged acts, omissions, negligence, or willful misconduct of
Consultant, its officials, officers, employees, agents, and contractors, arising out of or in
connection with the performance of the Defined Services or this Agreement. This
indemnity provision does not include any claims, damages, liability, costs and expenses
(including without limitations, attomeys fees) arising from the sole negligence or sole
willtill misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
2. Professional Services. For those professionals who are required to be licensed by the
state (e.g. architects, landscape architects, surveyors and engineers) ("Design
Professionals"), Design Professionals shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers, and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or
willful misconduct of Design Professional, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the
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Design Professional's Services. 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, omcers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Design Professional, its employees, agents
or officers, or any third party. The Design Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence
or sole willful misconduct of the City, its agents, officers or employees. This section in
no way alters, affects or modities the Design Professional's obligation and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections 1 and 2, above, is
the Consultant's obligation to defend, at Consultant'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. Consultant 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.
4. Insurance Proceeds. Consultant'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.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs entorcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations u'nder Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINA TfON OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement. City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days betore the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
. equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach" for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
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B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. [n that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may reqUIre.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLET[ON, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by CITY, the Consultant agrees to submit a final certification of Project expenses
and audit reports, as applicable.
B. Audit of Consultants. The Consultant agrees to have performed financial and compliance
audits the City may require. The Consultant also agrees to obtain any other audits required
by City. The Consultant agrees that Project closeout will not alter the Consultant's audit
responsibilities. Audit costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE vm. MISCELLANEOUS PROVISIONS
Page [2
5-19
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
I. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identi tied in Exhibit A, Paragraph 16 to the subconsultants identified thereat as
"Permitted Subconsultants".
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees arc entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solcly responsible for the payment of same and
shall hold the City harmless with regard thereto.
I. Actions on Behalf ofCitv. Except as City may specify in writing, Grantee shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever, as an
agent or otherwise. Grantee 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.
2. No Obligations to Third Parties. In connection with the Project, the Consultant 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.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this agreement, against the City unless a claim has first been presented
Page 13
5-20
in writing and filed with the City and acted upon by the City in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from
time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the
implementation of same. Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator
who is authorized by said party to represent them in the routine administration of this
agreement.
F. Term. This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
G. 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.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in said report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
1. Consultant is Real Estate Broker and/or Salesman. [fthe box on Exhibit A, Paragraph 15
is marked, the Consultant and/or their principals is/are licensed with the State of California or
some other state as a licensed real estate broker or salesperson. Otherwise, Consultant
represents that neither Consultant, nor their principals are licensed real estate brokers or
salespersons. I
J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified herein as the places of business for each
of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in writing executed by
the party against which enforcement of such amendment, waiver or discharge is sought.
L. 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
Page 14
5-21
into this Agreement, and that all resolutions or other actions have been taken so as to enable
it to enter into this Agreement.
M. Governing LawNcnuc. 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 ifapplicable, the City ofChula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City ofChula Vista.
(End of page. Next page is signature page.)
Page 15
5-22
Signature Page
to
Agreement bet\vecl1
City of Chub Vis!" and
KTU+A
.for Devdoping a Bikeway rvlaster Plan Update
IN WITNESS WHEREOF, City and KTU+A have execuTed this Agreement thereby
indicating that they have read and understood same, and iudicate their full and complete consent
to its tem1S: J -
Dated.
City ofChula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris. City Clerk
A pprovcd as to form:
Bart Miesldd, City Attorney
D"ted.
KTU+A
By: va'
Mik~gl
By: 11iJ,oJ s\~I,L~jon Pre...id,",,,-\-
[Name ot Pcrsw\, Tltlc] J
Exhibit List to Ag-rc~mcnt (X)
Exhibit A.
Page [6
'5-23
Exhibit A
to
Agreement between
City of Chula Vista
and
KTU+A
I. Effective Date of Agreement: (Date of Council approval)
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of Cali fomi a
( ) Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City ofChula Vista, a
( ) Other:
, a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
KTU+A
3916 Normal Street
San Diego, California 92103
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
3916 Normal Street
San Diego, California 92103
Voice Phone: (619) 294-4477
Fax Phone: (619) 294-9965
Page 17
5-24
7. General Duties: The Consultant shall prepare a Bikeway Master Plan (Plan) in accordance
with Streets and Highway Code, Section 891.2, items a to k. The Plan must comply with these
requirements and be reviewed and approved by both the San Diego Association of Governments
(SANDAG) and Caltrans. Ifletters of approval from any of these agencies are not provided due
to some issues, the Consultant shall meet with the City and resolve the issues.
The objective of the Plan is to guide the way the City plims and implements bikeway
improvements considering the City's focus on commuter users, and to review and make
recommendations as to how the current bikeway network within the City planning area can be
updated to best suit the needs of the City now and in the future.
The Plan shall update the City's existing comprehensive plan for identifying, pnontIZlng,
constructing, and implementing bikeway projects and' programs to improve the environment for
bicyclists and increase bicycling as a mode of transportation Citywide. The Plan will identify and
prioritize potential project locations for bikeway improvements and provide descriptions of the
types of improvements needed to improve the environment for bicyclists.
By identifying and prioritizing potential projects for bikeway improvements, the Plan will
promote an orderly implementation of citywide bikeway improvement projects. The Plan will
support SANDAG's regional transportation goals, including those of the Regional
Transportation Plan, as well as the City's General Plan.
The Consultant shall identify and analyze existing bikeway conditions, existing and potential
bikeway routes, and potential bikeway infrastructure improvement projects for specific locations
that focus on providing and improving connections along bikeway routes. In addition to
bikeway improvement projects, the need for bikeway related studies and developing bikeway
safety and education programs shall also be addressed.
8. Scope of Work and Schedule:
A. Detailed Scope of Work
1. Research
I) Review updated General Plan Land Use and Transportation Element, Bikeway
Master Plan, Chula Vista Greenbelt Master Plan, Otay Valley Regional Park
Concept Plan and any other pertinent reports available.
2) Review the San Diego Regional Bicycle Plan and the San Diego Region Bike
Map to determine and evaluate continuity of City routes into adjacent
communities and municipalities, and ensure that the update to the Plan is
consistent with these regional documents.
3) Review current standards and requirements for new developments to provide
bicycle facilities, including SANDAG Board Policy No.03!, Rule 21
"Accommodation of Bicyclists and Pedestrians" under the TransNet Extension
Ord inance.
4) Review and update existing selection criteria for additional or alternate bike
routes.
Page 18
5-25
5) Perform field investigation and observations to evaluate existing routes and extent
of current bicycle use, including those roadways that continue into adjacent
jurisdictions.
6) Review State standards and requirements for bikeways.
7) Review accident data involving bicycles on City streets to be provided by the
City.
8) Review new bicycle related tramc control devices, markings.
9) Review status of existing 2005 Bikeway Master Plan projects.
II. Evaluate Elements
I) Identify community impacts and possible mitigation for new and alternate route
alignments and/or improvements to existing facilities.
2) Utilize a GIS-based Bicycle Priority Model to identify areas within the City with
high potential bicycle traffic
3) Evaluate existing bikeway facilities.
4) Evaluate existing 2005 Bikeway Master Plan projects for status, and recommend
if incomplete projects should be deleted or updated.
5) Identify topography and other constraints that would preclude extension of
existing bikeway routes. Make recommendations on maximum grades and
lengths of climbs for facilities.
6) The engineering element shall consist of the following tasks:
a. Recommend site amenities such as wall, benches, bike lockers, bike racks and
bike rest stops.
b. Recommend innovative bicycle tramc control devices, bicycle parking/racks,
and shared roadway markings "sharrows" implementation. .
c. Recommend frequency and location for bicycle counts.
d. Outline methods and format for bicycle use survey.
e. Collect bicycle count data at 12 locations to be determined with approval of
City staff
III. Preparation of Plan:
The Plan shall include, but not be limited to, the following elements:
a) Estimated number of existing bicycle commuters in the plan area and the
estimated increase in the number of bicycle commuters resulting from
implementation of the Plan.
b) A map and description of existing and proposed land use and settlement
patterns which shall include, but not be limited to, locations of residential
neighborhoods, schools, shopping centers, public buildings, and major
employment centers.
Page 19
5-26
c) A map and description of existing and proposed bikeways. All proposed
bikeways shall be in accordance with California Highway Design Manual,
Chapter 1000, Bikeway Planning and Design.
d) A map and description of existing and proposed end-of-trip bicycle parking
facilities. These shall include, but not be limited to, parking at schools,
shopping centers, public buildings, and major employment centers.
e) A map and description of existing and proposed bicycle transport and parking
facilities for connections with and use of other transportation modes. These
shall include, but not be limited to, parking facilities at transit stops, transit
terminals, park and ride lots, and provisions for transporting bicyclists and
bicycles on transit or rail vehicles.
f) A map and description of existing and proposed facilities for changing and
storing clothes and equipment. These shall include, but not be limited to,
locker, restroom, and shower facilities near bicycle parking facilities.
g) A description of bicycle safety and education programs conducted in the area
included within the plan, efforts by the City of Chula Vista Police Department
to enforce provisions of the Vehicle Code pertaining to bicycle operation, and
the resulting effect on accidents involving bicyclists.
h) A description of the extent of citizen and community involvement in
development of the Plan, including, but not limited to, letters of support.
i) A description of how the Bikeway Master Plan has been coordinated and is
consistent with other local or regional transportation, air quality, or energy
conservation plans, including, but not limited to, programs that provide
incentives for bicycle commuting.
j) A description of the projects proposed in the plan and a listing of their
priorities for implementation.
k) A description of past expenditures for bicycle facilities and future financial
needs for projects that improve safety and convenience for bicycle commuters
in the plan area.
I) A Project Sheet for High Priority Projects. Each of the top bikeway projects
shall be described on a one-page Project Description sheet that clearly
presents the project and its itemized cost. For larger projects, the project shall
be broken into phases in order to maximize the possibility of funding. These
sheets shall be prepared for a minimum of 15 projects.
m) A description of potential funding sources for the prioritized list of projects,
with separate funding identified for each phase.
IV. Communitv Outreach Program
The Consultant shall develop a community outreach program and a system for public
input. The Consultant shall coordinate and hold two public workshops at an easily
accessible centralized location, the first at the beginning of the project to gather
public input, and the second to present recommended projects, policies and
Page 20
5-27
guidelines. The Consultant shall provide large-scale graphics and mapping on aerial
photographs to clearly display information and for compiling user comments.
An online survey shall be created and be available throughout the duration of the
project.
IV. Draft Bikewav Master Plan
The Consultant shall prepare a draft Bikeway Master Plan Update composed of the
tasks and elements completed up to this point in the process. The consultant shall
provide tive hard copies of the draft plan and an electronic copy in PDF format on
CD-ROM. The Consultant will not be required to submit full-color or full-size
attachments, maps, or exhibits at this time. The City will review the draft and make
recommendations to be included in the final draft.
V. Citv Council Presentation
The consultant shall give a presentation to the City Council (estimated to be in
November 2010) as part of the Council action adopting the updated Bikeway Master
Plan.
VI. Final Bikewav Master Plan
Following the City's review and approval of the Bikeway Master Plan Update, the
consultant shall provide 25 copies of the final version of the Plan, including aD-sized
pocket map showing existing and proposed bikeways with each copy, to be presented
to various City leaders and to be made available to the public. One (I) copy must be
printed on one side only and clipped together (not bound) to facilitate copying. The
Consultant shall provide a master copy of the Plan and a copy, broken down by
chapters, in PDF format on CD-ROM for future duplicating needs, and for posting on
the City's website. The City must have the ability to purchase additional copies of
the adopted Bikeway Master Plan for 90 days after the City Council adopts a
resolution, at a not-to-exceed price per full color copy of$50, and pocket maps at $15
each.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
D. Date for completion of all Consultant services: December 31. 2010
9. Materials Required to be Supplied by City to Consultant:
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
Page 21
5-28
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) I. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. (X) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
1.
Research - Includes items in Section 8.A.I above, as well as the kickoff
meeting and Community Meeting # 1. Deliverables: Preliminary Mapping
of existing bikeway facilities, attractors and barriers (shape files and paper
maps), along with a working paper or memorandum discussing the relevant
documents and issues, addressing connectivity, and providing
recommendations for updates, changes and additions to the current Bikeway
Master Plan.
I Fee for Said
~
$ 31,630
Phase
2.
Evaluate Elements - A working paper or memorandum on relevant barriers,
geographical constraints and other elements addressed in Section 8.A.l! (l-5)
above.
I Project Management and Meetings - Includes time tor coordination
, meetings. Deliverables: Schedule of meetings and meeting minutes,
I
I
i
I
i
$29,9651
i
3.
$7,550 I
I
Page 22
5-29
i findings, verbal written comments and meeting attendee lists.
4. ; Preparation of Exhibits - Deliverables: Documents and exhibits numbers "a"
i through "m" under Section 8.A.Ill above, "Preparation of Plan."
,
$43,255 I
!
, I '
5. ! Draft Bikeway MasterPlan: Includes results of bicycle survey .' $16,965 !
I 6i..-F.i~;IB;kewa;i1aster p.I~n:I~'cI~de-;Finalc~~mu~i;;w~~kShOP' - --- '~L' ----- $20,320 1
I Workshop Preparatlon and City Council Presentatlon I
, ,
-..r-------~------------.--~~tal amount of I -$!49.685-1
; F ,
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has bcen performed by the Contractor.
The practice of making interim monthly advances shall not convert this agrecment to
a time and materials basis of payment.
C. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein rcquired of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurrcd time and materials equal to
(" Authorization Limit"), Consultant shall not be entitled
Page 23
5-30
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Category of Employee
Rate Schedule4
Name of Consultant
Hourly Rate
$
$
$
$
$
( ) Hourly rates may increase by 6% for services rendered after [month], 20~, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
$
$
$
$
$
$
$
$
$
$
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
. not to exceed $
12. Contract Administrators:
City:
Roberto Solorzano, Associate Engineer
4. This section should be completed in all cascs--ifthe main compensation scheme is a "time and materials arrangement" or for the purposes of
requiring Additional ServIces.
Page 24
5-31
Public Services Building
276 Fourth Ave
Chula Vista, California 91910
Phone: (619) 409-5420
Consultant:
Mike Singleton, Vice President and Principal
KTU+A
3916 Normal Street
San Diego, California 92103
(619) 294-4477 / FAX: (619) 294-9965
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement ofEconomie Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
( X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. I. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income that engage in
land development construction or the aequisitionor sale of real property.
( ) Category No.5. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
Page 25
5-32
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
Fehr & Peers. 15707 Rockfield Boulevard. Suite 155. Irvine. California 92618
I. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: See 10- B above
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
ex) Other: See 10-B above
C. City's Account Number: 2410351723. 2410351227 (STL-351)
2. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Page 26
5-33
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other: '
M:\ENGINEERIAOVPLAN\BICYCLE\BIKEWAY MASTER PLAN UPDATE 2009\KTUA\2PTY KTUA FINAL DOC
Page 27
5-34
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A CONTRACT FOR THE
DEVELOPMENT OF BIKEWAY MASTER PLAN UPDATE TO
KTU+A IN AN AMOUNT NOT TO EXCEED $149,685
WHEREAS, in order to receive State and regional timding for bicycle improvements, the
City needs to have a Bikeway Master Plan approved within the past five years. Council
approved the last Bikeway Master Plan ("Plan") on January 19, 2005; and
WHEREAS, the City has received a $150,000 Transportation Development Act (TDA)
grant from the San Diego Association of Governments (SANDAG) and has appropriated an
additional $50,000 in TransNet funds to fund the preparation of an update to the Plan. These
funds were appropriated by Council as part of the Fiscal Year 2009-10 Capital Improvement
Program (CIP) project STL-351; and
WHEREAS, City staff advertised the project on June 19,2009, distributed a Request for
Proposals for Development of a Bikeway Master Plan and conducted a Consultant selection
process in accordance with Section 2.56.110 of the Chula Vista Municipal Code. Four proposals
were received, and all four proposals met the City's minimum qualifications; and
WHEREAS, on August 21, 2009, the City's selection panel ("Panel") interviewed the
four firms that submitted proposals. The following are the results of the interview process:
Firm Final Cost Proposal
Rank
KTU+A, San Diego, California 1 $149,685
Alta Planning + Design, San Diego, California 2 $148,145
Rick Engineering Company, San Diego, California 3 $167,310
Darnell & Associates, San Diego, California 4 $149,850
WHEREAS, three of the four firms, including KTU+A, submitted cost proposals below
the $150,000 allocated by SANDAG; and
WHEREAS, based on their extensive experience in preparing similar plans in thc San
Diego region, the qualifications of their key staff members, and their understanding of bikeway
issues in Chula Vista, the Panel has determine that KTU+A is the most qualified firm to prepare
the Bikeway Master Plan.
5-35
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby award a contract for "Bikeway Master Plan Update (STL351)" to KTU+A in
an amount not to exceed $149,685.
Presented by
.-~-_.---'..
----------.
---
Richard A. Hopkins
Director ofPllblic Works
5-36
CITY COUNCIL
AGENDA STATEMENT
~(f-2::. CITY OF
.3_:: (HULA VISTA
NOVEMBER 3,2009, Item-L
ITEM nTLE:
RESOLUTION AMENDING THE FISCAL YEAR
2009/2010 LIBRARY DEPARTMENT BUDGET BY
APPROPRIATING A ONE-TIME UNANTICIPATED GRANT
REVENUE IN THE AMOUNT OF $6,000 FOR THE CHULA
VISTA HERITAGE MUSEUM EXHIBIT FARMING IN
CHULA VISTA
LIBRARY DIRECTf 'fDL'~
CITY MANAGER /
ASSISTANT CITY! NAGER sr
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES I X I NO D
SUMlVIARY
The Chula Vista Public Library received a one-time grant award from the County of San
Diego-Community Enhancement Program in the amount of $6,000 for fiscal year 20 I 0 for
the Exhibit Fanning in Chula Vista.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed achvlty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity may have a significant effect on the
environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDA nON
That Council adopt the resolution.
BOARDS/COM:NIISSION RECOMMENDA nON
Not Applicable
DISCUSSION
The Chula Vista Public Library has been awarded a one-time grant in the amount of
$6,000 from the County of San Diego- Community Enhancement Program. The
Community Enhancement program funds cultural activities, museums, visitors and
6-1
NOVEMBER 3, 2009, Item~
Page 2 of2
convention bureaus, economic development at the regional and community levels
throughout San Diego County and is awarded annually. The Chula Vista Heritage
Museum had funded two exhibits in previous years through the same program. The
Fiscal Year 2009/2010 award will allow the Library to open a new exhibit in the Heritage
Museum that will chronicle farming and agricultural practices in the early days of Chula
Vista and the South Bay. Through the extensive use of large reproductions of
photographs from the Chula Vista Public Library's local history collection and
information boards, the exhibit will illustrate crops, people, historical farming equipment,
artifacts and farming practices long gone.
It is anticipated that residents of Chula Vista, local authors and researchers,
schoolchildren and visitors to Chula Vista will learn about this now vanished way of life.
The exhibit will be housed in the Chula Vista Heritage Museum on Third Avenue for one
year. The Chula Vista Heritage Museum is open three afternoons a week. Admission is
free.
DECISION Mt\A"ER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
CURRENT YEAR FISCAL IMP ACT
The one-time grant award in the amount of $6,000 will be appropriated into the current
year Library's supplies and services budget.
ONGOING FISCAL IMPACT
None. One time only award.
ATTACHMENTS
Not applicable
Prepared by: Stephanie Loney, Principal Librarian, Library
6-2
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE FISCAL YEAR
2009/2010 LIBRARY DEPARTMENT BUDGET BY
APPROPRIATING ONE-TIME UNANTICIPATED
GRANT REVENUE IN THE AMOUNT OF $6000 FOR
THE CHULA VISTA HERlT AGE MUSEUM EXHIBIT
FARMING IN CHULA VISTA
WHEREAS, the Chula Vista Public Library received a one-time grant
award trom the County of San DIego' ~ Community Enhancement Program in the
amount of $6000 for fiscal year 2009/20 I 0 for the Exhibit - Farming in Chula
Vista; and
WHEREAS, this grant will allow the Library to initiate a new exhibit in
the Heritage Museum that will chronicle farming and agricultural practices in the
early days of Chula Vista and the South Bay; and
WHEREAS, tbro,ugh the extensive use of large reproductions of
photographs from the Chula Vista Pu~lic Library's local history collection and
information boards, the exhibit will illustrate crops, people, historical farming
equipment, artifacts and farming practices long gone; and
WHEREAS, the exhibit will be housed in the Chula Vista Heritage
Museum on Third Avenue for one year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby amend the fiscal year 2009/2010 Library
Department budget by appropriating one-time grant revenue in the amount of
$6000 for the Chula Vista Heritage Museum Exhibit Farming in Chula Vista.
Presented by:
Approved as to form by:
Betty Waznis
Director of Library
/-,
_I' i
,/"---' ''', (", f
) ") ! /
, ..,j,,)/.L.
(Bart Miesfel
-f-WAttorney
6-3
~~~" .:~ - . '
CITY COUNCIL
AGENDA STATEMENT
~(f~ CITY OF
.~ (HUlA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
11 /3/09, Item l
PUBLIC HEARING TO CONSfDER WAIVING IRREGULARITIES
IN THE BID RECEIVED FOR THE "FOURTH A VENUE
IMPROVEMENT PROJECT, BETWEEN L STREET Ai'lD ORANGE
AVENUE (STL29I)" PER CITY CHARTER SECTION 1009
RESOLUnON OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING IRREGULARITIES, ACCEPTING BmS AND
AWARDING THE CONTRACT FOR THE "FOURTH AVENUE
IMPROVEMENT PROJECT, BETWEEN L STREET A1'ID QRA1'lGE
A VEl\'lJE (STL291)" TO MSC CONSTRUCTION, INCi IN THE
AMOUNT OF $908,011.50; AUTHORIZING ^"N INTER-PROJECT
TRANSFER IN THE NvlOUNT OF $131,800 FROM EXISTING
PROJECTS STL335 ($28,800), STL340 ($32,000) AND STL310
($71,000) ,0 STT_OQ1; ~yp])npPJ6TP-TG TR.~.N~P0RT."'TTnM
DEVELOPMENT ACT (TDA) FUNDS IN THE AMOUNT OF
$99,200; AMENDING THE FY 2009-10 TDA FUND AND ClJ'
PROGRNv1; AND AUTHORIZING THE EXPENDITURE OF ALl.;
A V AILABLE FUNDS IN THE PROJECT
DIRECTOR OF PUBLIC WORKS
ASSISTANT DIRECTOR OF ENGINEE
~
CITY MANAGER
ASSISTANT CITY ANAGER ~
4/STHS VOTE: YES
C?Sl
NO
o
SUMMARY
On September 17, 2009, the Director of Public Works received sealed bids for the "Fomth
Avenue Improvement Project, between L Street and Orange Avenue (STL291)". The work to be
done consists of the removal and disposal of existing improvements, installation of missing
sidewalk and driveways, storm drain, and retaining walls, and modifications and upgrades to
existing traffic signals. The proposed actions would waive a minor clerical error that resulted in
a lower bid and award the contract to MSC Construction, lnc.
ENVIRONMENTAL REVIEW
The Enviromnental Review Coordinator has reviewed the proposed project for compliance with
the Califol11ia Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
7-1
11/3/09, Item ~
Page 2 of 4
RECOMMENDA nON
Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
The Fourth Avenue Improvement project involves the completion of sidewalk improvements on
both sides of Fourth Avenue between L Street and Orange Avenue, thus providing continuous
pedestrian improvements along Fourth Avenue between Main Street and the City's northerly
boundary with National City. The improvement work also includes upgrading storm drains and
modifying and upgrading existing traffic signals.
On September 17,2009, the Director of Public Works received sixteen (16) bids for the "Fourth
Avenue Improvement Project, between L Street and Orange Avenue (STL29 I)". The following
bids were received (in order oflowest to highest bid amount):
CONTRACTOR BID AMOUNT
I. MJC Construction - Bonita, CA $923,011.50
2. L.B. Civil Construction, - San Diego, CA $959,700.00
3. Tri-Group Construction - Poway, CA $968,475.00
4. Sheidel Contracting & Engineering - La Mesa, CA $971,609.00
5. Heffler Company - National City, CA $975,260.00
6. Southland Paving, Inc. - Escondido, CA $986,841.30
7. Watkins Landmark Company - Del Mar, CA $987,969.12
8. Burtech Pipeline, Inc. - Encinitas, CA $988,977.50
9. Hazard Construction Company - San Diego, CA $998,245.00
10. Palm Engineering Construction - San Diego, CA $1,028,000.00
I I. Portillo Concrete Inc. - Lemon Grove, CA $ I ,053,790.00
12. Whitson Contracting & Management - San Diego, CA $1,110,317.00
13. Koch-Armstrong General Engineering - Lakeside, CA $1,131,370.00
14. HT A Engineering & Construction - Po way, CA $1,144,650.00
15. New Century Construction - Lakeside-CA $1,161,330.00
16. HAR Construction - Chula Vista, CA $1,444,370.90
Staff reviewed the apparent low bid proposal in the amount of $923,011.50 submitted by MJe
Construction. During review ofMJC Construction's bid proposal, staff found that the contractor
had introduced a minor clerical error in a specific bid item subtotal and, therefore, the grand total
was an incorrect amount. The unit bid prices remained the same.
MJC Construction submitted a letter acknowledging the clerical error and stands by the corrected
bid item subtotal and the revised grand total bid price of$908,011.50 (Attachment 1).
7-2
11/3/09, Item-L-
Page 3 of 4
The low bid submitted by MJC Construction is below the Engineer's estimate of $1 ,013,650.00
by $105,638.50 (l0% below the Engineer's estimate). The 'contractor has worked on numerous
projects for the City and their work has been satisfactory. In addition, Design staff has veri lied
other chent references provided by the contractor and has determined that the contractor has
performed satisfactorily for those clients. The Contractor's License No. 754128 is current and
active.
Also for consideration is the authority of the Director of Public Works to approve change orders
over and above existing policy limits. Under City Council Policy No. 574-01, if an individual
change order causes the cumulative increase in change orders to exceed the Director's authority
("Maximum Aggregate Increase in Change Orders"), then City Council approval is required.
The contract amount for the subject project is $908,011.50. The corresponding maximum
aggregate contract increase that may be approved by the Director of Public Works under Policy
No. 574-0 I is $66,561. Approval of the proposed resolution would increase the Director of
Public Works' authority to approve change orders, as necessary, up to the contingency amount of
$136,202.00, an increase of $69,641 over Policy No. 574-01, in ordcr to address unforeseeable
conditions that might arise during the course of constmction, as well adjustments to bid item
quantities. Unforeseen conditions include such items as utility conflicts, hazardous matenals,
unexpected underground conflicts, etc. If the contingency funds are not used, then they will be
returned to the project fund balance.
Disclosure Statement
Attachment 2 is a copy of the Contractor's Disclosure Statement.
Wage Statement
Contractors bidding on this project are required to pay prevailing wages to persons employed by
them for work under this project. No special minority or women-owned business requirements
were necessary as part of the bid documents. However, the "Notice to Contractors" was sent to
various trade publications in order to encourage disadvantaged business enterprises to bid on the
project.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Ramirez has property holdings within 500 feet of the boundaries of the
property which is the subject of this action.
CURRENT FISCAL IMPACT
There is no impact to the General Fund. At this time, staff is recommending interproject
transfers in the total amount of $231,000 in TransNet Funds from existing capital improvement
projects and appropriating TDA funds in the amount of $99,200 as necessary to complete the
project. The TDA funds were applied for in 2005 and approved the following year in 2006. A
breakdown of the project costs is as follows:
7-3
11/3/09, Item~
Page 4 of 4
FUNDS R~=QurRED FOR CONSTRUCTION
A. Contract Amount S 908,011.50
B. Contingencies $ 117,853.50
C Staff Time & Testing Costs
1. ConstructlOn Inspection $ 120,000
2. Design $ 435,000
3. Survey/Construction Staking $180,000
4. Environmental/Traffic/Public Works $ 10,000
5. Soil & Material Testing $30,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $1,800,865.00
FUNDS A V AILABLE FOR CONSTRUCTION
A. STL291 (TransNet, Gas Tax and CDBG) $1,569,865.00
B. Inter-Project Transfers from Existing Projects $131,800
TransNet Funds:
STL335 Pavement Rehab FY 07/08 - $28,800 (Nearing Completion)
STL340 Pavement Rehab FY 06/07 - $32,000 (Nearing Completion)
STL310 Pavement Rehabilitation - $71,000 (Complete)
C. TDA Funds $99,200
TOT AL FUNDS A V AILABLE FOR CONSTRUCTION $\ ,800,86500
ON-GOING FISCAL IMPACT
Upon completion of the project, the improvements will reqUIre only routine City street
maintenance.
ATTACHMENTS
I. MJC Construction letter
2. Contractor's Disclosure Statement
Prepared by: BoLtshra Salem, P.E, Senior Civil Engineer, Public Works Department
Luis A. Lahrada, P,E.. Associate Civil Engineer. Public Works Department
M:\Engineer\AGENDA\CAS2009\II-03-09\STL29\ A 113 doc
7-4
~
CU;';Sl'Ht;CTlf..Y;-"
September 21, 2009
City of Chula Vista
Engineering Department
276 Fourth Ave.
Chula Vista, CA 91910
A TT ACHMENT
MJC Construction
630 National City Blvd.
National City, CA 91950
I 619.472.5619 office
619.996.2116 fax
Re: Correction on Fourfh Avenue Improvemenls Bid Quote
Please accept this letter for clarification and acknowledgement of clerical error on page #31
line item #25 of our Bid Proposal for the Fourth Avenue Improvements Project.
The correct bid for' this line item is Unit Price of Twenty Dollars and zero cents per SF. The total for
that line item is Thirty-Six Thousand Dollars and zero cents. Revising our Grand Total to $908,011.50
(Nine Hundred Eight Thousand Eleven Dollars and fifty cents).
Feel free to call with any questions.
Sincerely,
/
:#
om Yaotani
Vice President of Business Development
7-5
ATTACHMENT Z
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by
>" the Council, Planning Commission and' all other official bodies of the City, a statement of disclosure of
certain ownership or fInancial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed;
I. List the names of all persons having a fInancial interest in the property that is the subj ect of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
-tJON;o-
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
- NotJ~ -
3.
If any person' identified pursuant to (I) above is a non-profIt organization or trust, iist the names of
.any person serving as director of the non-profIt organization or as trustee or benefIciary or trustor of
the trust.
-!VONE. -
,.
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
./00"\ Y6ofu.,nl
5. Has any person' associated with this contract had any fInancial dealings with an official" of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No >(.
41
N;\Genera1 Services\DesignWl ProjectS\Sn..\STL29J\SPECS FINAL,*~l Specs 07.28.09.doc
If Yes, briefly descnbe the nature of the financial interest the official" may have in this
contract.
6.
Have you made a contribution of more than $250 within the past twelve (! 2) months to a current
member of the Chula Vista City Council? Noi,. Yes _ If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official" of the City
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 X
If Yes, which official" and what was the nature of item provided?
Date: &()IrJY),~J /7 ;<009
-=-~- ~
2ture of ('ontj'actor/A~pIicant
.~
J,t"',cr1eL., 1110. b8A l-1TC Curcfrvc. /-;0(1
Print or type name of Contractor/Applicant
.
PersQn i~ d~finG'Q ~; ;;my individual, -nrm, Go-partnership, join! venrure, as:sociatlon, social clUb,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision.. -or any other group or combination acting as a
unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
42
N:\Gcneral Services\Design\Al1 Projl!!c.ts\STL\ST~91\SPECS Fn-JAL\Sfh;'l specs 07.28.09.doc
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING
BIDS AND AWARDING THE CONTRACT FOR THE
"FOURTH A VENUE IMPROVEMENT PROJECT,
BETWEEN L STREET AND ORANGE AVENUE (STL291)"
TO MJC CONSTRUCTION, INe. IN THE AMOUNT OF
$908,011.50; AUTHORIZING AN INTER-PROJECT
TRANSFER IN THE AMOUNT OF $131,800 FROM
EXISTING PROJECTS ST1335 ($28,800), ST1340 ($32,000)
AND ST1310 ($71,000) TO STL291; APPROPRIATING
TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS
IN THE AMOUNT OF $99,200; AMENDING THE FY 2009-
10 TDA FUND AND CIP PROGRAM; AND AUTHORIZING
THE EXPENDITURE OF ALL A V AILABLE FUNDS IN THE
PROJECT
WHEREAS, City staff prepared plans and specifications for the "Fourth Avenue
Improvement Project, between L Street to Orange Avenue (STL291)" and advertised the project
on July 31, 2009; and
WHEREAS, on September 17, 2009, the Director of Public Works received sixteen (16)
sealed bids for the project as follows:
CONTRACTOR BID AMOUNT
1. MJC Construction - Bonita, CA $923,011.50
2. L.B. Civil Construction, - San Diego, CA $959,700.00
3. Tri-Group Construction - Poway, CA $968,475.00
4. Sheidel Contracting & Engineering - La Mesa, CA $971,609.00
5. Heffler Company - National City, CA $975,260.00
6. Southland Paving, Inc. - Escondido, CA $986,841.30
7. Watkins Landmark Company - Del Mar, CA $987,969.12
8. Burtech Pipeline, Inc. - Encinitas, CA $988,977.50
9. Hazard Construction Company - San Diego, CA $998,245.00
10. Palm Engineering Construction - San Diego, CA $1,028,000.00
II. Portillo Concrete Inc. - Lemon Grove, CA $1.053,790.00
12. Whitson Contracting & Management - San Diego, CA $1,110,317.00
13. Koch-Armstrong General Engineering - Lakeside, CA $1,131,370.00
14. HT A Engineering & Construction - Poway, CA $1,144,650.00
J 5. New Century Construction - Lakeside-CA $1,161,330.00
16. HAR Construction - Chula Vista, CA $1,444,370.90
7-8
WHEREAS, statY reviewed the low bid proposal in the amount of $923,011.50,
submitted by MJC Construction of Bonita, California and found a minor clerical error in the bid
total; and
WHEREAS, MJC Construction submitted a letter acknowledging the clerical error and
agreeing to stand by their revised grand total bid total price of$908,011.50; and
WHEREAS, the low bid by MJC Construction is below the Engineer's estimate of
$1,013,650.00 by $105,638.50 (10%). Staff has verified the references provided by the
contractor with satisfactory results. The contractor has performed various work for the City of
Chula Vista and other Cities and Counties and their work has been deemed satisfactory.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive irregularities, accept bids and award the contract for the "Fourth
Avenue Improvement Project, Between L Street and Orange Avenue (STL291)" to MJC
Construction, Inc. in the amount of$908,011.50; authorize an inter-project transfer in the amount
of $131,800 from existing projects STL335 ($28,800), STL340 ($32,000) and STL31 0 ($71,000)
to STL291; appropriate Transportation Development Act (TDA) Funds in the amount of
$99,200; and amend the FY 2009-10 TDA Fund and CIP Program.
BE IT FURTHER RESOLVED, that the City Council of the City Of Chula Vista does
hereby waive Council Policy 574-01 and authorize the Director of Public Works Operations to
approve change orders as necessary m;d expend all available funds in t~~ojec!2/'/'/-"/. I
Presented by Apprd~fl as to fl1m bt .', ~.,
r! I p /1 -7
/UluJ I C/
VB~rt Miesfeldl
City Attorney:
Richard A. Hopkins
Director of Public Works
7-9
ITEM 8
CONSIDERATION OF AMENDING THE CHULA
VISTA MUNICIPAL CODE AND MASTER FEE
SCHEDULE
This public hearing will be continued to the November 17,
2009 meeting.
CITY COUNCIL
AGENDA STATEMENT
~ \ 'f:.. ClIT OF
,3__ CHUIA VISTA
NOVEMBER 3, 2009 Item~
ITEM TITLE:
HISTORIC PRESERVATION PROGRAM STATUS UPDATE
DEPUTY CITY MANAG~VELOPMENT SERVICES
DIRECTOR ~
CITY MANAGE (j
SUBMITTED BY:
REVIEWED BY:
SUMMARY
As requested by the City Council at its October 20, 2009 meeting, this report provides an
overview of the status of the draft historic prescrvation program and ordinance, a general
discussion of historic districts and overlay zones, and an outline of a city-wide survey work
program proposal with the potential costs necessary to accomplish it.
4/5THS VOTE: YES D NO 0
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposcd activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA, Thus, no
environmental review is necessary, at this time, Environmental review will be required for the
adoption and implementation of the Historic Preservation Program, A CEQA determination will
be completed prior to bringing the Historic Preservation Program forward, Subscquent
implementation of the Historic Preservation Program may require additional environmental
reVIew,
RECOMMENDATION
Staff recommends that Council accept the report ami direct staff on any or all of the sections of
the report as the City Council finds necessary,
BOARDS/COMiVIISSION RECOMMENDATION
Not applicable
9-1
Item No.: q
Meeting Date: 11-03-09
Page 2 of 4
DISCUSSION
Background
In 2007, Council approved a work program that authorized staff to develop a comprehensive
Historic Preservation Program (HPP). Consistent with this work program an interim Historic
Preservation Advisory Committee (Advisory Committee) was formed to participate in the
development of the HPP. The Advisory Committee commenced its efforts immediately upon
approval of City Council. Since that time, staff met with the Advisory Committee approximately
twelve times to discuss the framework of the HPP and content for a Historic Preservation
Ordinance (HPO). The Advisory Committee completed its base work and provided
recommendations in August 2008. Subsequently, because of severe budget constraints and
necessary staffing reductions, the historic preservation program was cut from the budget.
However, understanding the importance of the historic preservation program, staff has, on a
limited basis, pulled resources from other programs to work on development of the HPP and
HPO.
Historic Preservation Program and Historic Preservation Ordinance status
Based on direction from the Advisory Committee, staff developed a draft historic preservation
program that is comprised of a Historic Preservation Ordinance and guidelines and procedures
that will meet both the policies of the General Plan and the requirements for Certified Local
Government status. As noted above, staff has worked on a limited basis to facilitate internal
review, including City Attorney review, and production of the draft HPP/HPO is currently
expected to conclude December 2009. Upon completion and prior to public consideration, the
Advisory Committee would be reconvened to review the final draft product sometime in January
2009.
Subsequent to Advisory Committee review, Staff envisions a public review sequence that would
include at least two public workshops, presentations to stakeholder groups such as; T A V A , the
RAC, RCC, DRB and Planning Commission and a Council workshop on historic preservation
and the proposed HPP. Staff anticipates commencing the public review shortly after the first of
the year. Dependent upon comments received from the Advisory Committee and other
stakeholder groups, staff may reconvene with the Advisory Committee a second time before
proceeding to the Planning Commission and Council for final consideration currently anticipated
for late Spring 2010.
Adoption of the HPP and HPO will provide the necessary foundation and guidance for the
conduct of any subsequent historic surveys and the consideration of any historic districts or
overlay zones.
Historic Districts versus Overlay Zones
Historic districts are definable groupings of historical resources that are united historically or
aesthetically by plan or physical development. Historic districts are formally designated as being
significant for a defined reason and mayor may not impose additional development regulations
9-2
Item No.:
Meeting Date: 1l-03-09
Page 3 of 4
q
within the historic district. A historic overlay zone, on the other hand, is defined as an additional
zoning requirement that is placed on a geographical area with the specific purpose of protecting
resources through the imposition of additional development restrictions. These development
restrictions are placed or "overlaid" over existing zoning and do not change the underlying zone
of an area.
A distinction can be made between historic districts and historic overlay zones, however the term
is often used interchangeably and may be specifically defined by a local jurisdiction. For
example, Chula Vista utilizes modifying districts rather than overlay zones to impose special
regulations in addition to the basic regulations established by the underlying zone. The Advisory
Committee recommended that the draft historic preservation ordinance provide guidelines and
process for both the establishment of a historic preservation districts within the City of Chula
Vista and a process for the establishment of a modifying district for any specific regulations or
requirements desired for that district. However, a historic preservation district may be
established without a modifying district being imposed upon it. Staff recommends that any
effort to identify and designate historic districts or overlay zones commence after the adoption of
the HPP and HPO.
Survev Work Program
A historical resources survey will help the City evaluate the quantity and type of historical
buildings existing in the City and concentrations of historical buildings that may be eligible for
designation as historic districts. This inventory of resources will be a significant part of the
success of the HPP and will be an important tool for future land use and development decisions,
as well. The Advisory Committee recommended that, upon adoption of the HPPIHPO and
Council direction, the City initiate a survey work program that would inventory those areas of
the City that have never been surveyed and those areas that have the most potential for future
development first. Thereafter, those areas that have previously been surveyed can be prioritized
and surveyed. Ideally, a historic resources survey would be brought up to date every five years.
The Advisory Committee recommended that the City utilize the $25,000 donated by the Chula
Vista historic homeowners group and the $5,000 raised by the City for a historical resources
survey and that the survey work program commence immediately upon approval of the HPP.
Given our limited staff resources it is envisioned that staff would only manage and oversee the
survey effort. It will be necessary to contract professional services to provide technical
assistance to evaluate the results and ensure that the survey conclusions are consistent with
standard practices. Due to our limited statDng, available funding and the magnitude of fieldwork
associated with these surveys, it is possible that volunteers would be used for part of the
fieldwork.
Potential Survev Cost
Historical resources surveys range widely in scope and costs. Staff estimates that a
reconnaissance level survey can be accomplished with the existing $30,000. This level of survey
would entail a windshield survey ofChula Vista's west side which would include photographs of
properties that appear 45 years or older and not previously surveyed, designated or evaluated.
Such a survey would provide limited information such as property types and architectural styles
observed, estimated constmction dates, notable street and landscape features, and visible
9-3
Item No.: q
Meeting Date: 11-03-09
Page 4 of 4
modifications/alterations. This basic level survey would help identify those properties that
should be documented and evaluated as part of a more intensive level survey but would not
evaluate individual properties for historical significance.
Another historical survey option would be an intensive level survey. This type of survey would
identify, document and evaluate individual properties for historical significance and eligibility
for designation under the local criteria. This intensive level survey could potentially be
accomplished with the available $30,000 but would cover approximately 30 properties or less.
Staff intends to return to Council with a recommendation for a survey work program given
available budget, at a later 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
18704.2(a)(I) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
Although the Historic Preservation Work Program was cut from the existing budget, staff has
continued to work on drafting the HPP on a limited basis. It should be noted that production of
the final documents would require funds not currently identified in the Development Service
Department budget.
ONGOING FISCAL IMPACT
There is approximately $30,000 dollars available for historical survey work to cover consultant
costs. Future fiscal affects for implementation of the HPP and the historic resources survey
would be brought back to Council with the associated work program.
ATTACHMENTS
None
Prepared by: Lynnette Tessitore-Lopez. Associate Planner, Development Services Department
J:\Pbnning\Lynnette\historic preservation work program\Presentations\Council\final document\J 1..03-2009 Council Report final draft 5.doc
9-4
/
'"
Page 1 of3
From: Cheryl Cox
Sent: Tuesday, November 03,20097.39 PM
To: Donna Norris
Subject: Historic District Study
Attachments: Historic Districts SOHO doc
I}DDt'T;o;;/ft-/NFc
/~~jc1
/re;n tr9
Donna Norris
fyi
From: Corinne McCall [mailto:16'r~.r;~,~
Sent: Tuesday, November 03, 5 1:38 PM
To: Cheryl Cox
Subject: Historic District Study
Dear Mayor Cox,
I am sending this inrormation ror your edification about Historic Districts in the San Diego area. I look
forwardto hearing a discussion on this topic at the council meeting today. We had a standing room
only meeting ycsterday with our neighbors that that was very positve. Our intent was to begin a
dialog with our neighbors and to educate them about the merits of becoming part of a historical district.
We plan to have several more workshops on this topic and to build a consensus group.
Please scroll down to see a list or established Historic Districts within the county of San Diego. It is my
sincere wish for the city of Chula Vista to establish a historic district in this neighborhood - like other
communities in San Diego have already done. Having a historic district - DOES NOT preclude having
the city wide preservation ordinance move forward. They are not mutually cxclusive.
What is also pertinent is to look at the cost of implementing the ordinance which does not even have a
first draft - compared to the Historic District Study - which was already paid for.
Thank you
Corinne McCall
.'~"'~."""
'....""~"._".'".
Chula Vista
11/4/2009
Page 2 of3
Save Our Heritage Organisation
Historic Districts
What is a Historic District?
Historic Districts Under Development
. Mission I-Jills - Arguello / Arden Way / St. James /Ingleside / Witherby:
. South Park
\
!
We'll add your developing district to the list: SOHOsandiego@;!Q1eom
Established Historic Districts throughout the County
Cit)' of San Diego Designation
Asian Paeilie Historic Thematic District - full map_(Iarge ima~}
Auxiliarv Naval Air Station Brown Field - full man (large imag!J
Bishon's School
Burlingamc Voluntary/Traditional
Gaslamn - full map (lame imag~
Grant Hill - full man (Iargc ima~)
Greilter Golden Hill - ]ullmap (Iarg~imag,-)
Islenair - full map (large imag,-)
Little Italy - full map (Iargc imag~)
Mission Hills - Fort Stockton Line
Mission Hills Historic District
Occan Beach - full man (large imagtl
Pueblo Ribera - full map (L<rrge imag,-)
Sherman I-Ieigllldi - full man (large imag~)
Shirley Ann Place
Talmadge - full man (large imag,-)
Iheo~<;5.mJlLci!llnslLLl!!f,EQi!lLLomil - fUJ-'--rni!!2([aIg,-jmage)
Citywide Districts Map
Count)' of San Diego Designation
Camp Lockett
Mataguay
Old Escondido Historic District
State of California Designation
Edgemoor Farm and Home lar the Aged and Incligent Historic District
Old Town San Diego State Historic Park
National Designation
Balboa Park - full man (large imag0
Cabrillo National Monument
1 ] /4/2009
Page 3 of 3
Camp Howard
Edgemoor
EI Prado Complex
Fages-De Anza Trail-Southern Emigrant Road
Gregory Mountain (Chokia)
Harris, CW Site Archeological District
Heilman Villas
Kuchamaa
Lower Borrego Valley Archeological District
Los Pefiasquitos Historic and Archeological District
Marine Corps Recruit Depot
Naval Air Station, San Diego
Naval Training Station - full map_(larl!e imagsj
Old-3:Q.ym San Diego. - LlJILmfitL(lmgeJ.m;\ge)
Rancho de los Kiotes
Rockwell Field
Rosicrucian Fellowship Temple
San Diego Civic Center
San Diego State College
Table Mountain District
[Maps courtesy of City of San Diego Planning Department.]
National Parks Service Websites
.NatiQImLR~gisteLo.Ll:!isJoric_Plaee.s.J:.e_c:_b!l.i.<:a.L.l;\l!lletins (Opens separate window)
Secretary of the Interior's Standards Cor Treatment of Historic Progertics (Opens separate window)
City of San Diego Historical Resources Board Infornlation Line: (619) 235-5224
Historic Designation and Residential Progerty Values IO-page pd(
Estim<!tingJhe Value oCthe Historical Designation Externalit): 8-pagepd(
Mills Act Infotl11ation
San Diego Modernism Historic Context Statement (I 54-page pdf. 7.8MB!
TiJl1e.ls.l':!o.tD_n_ Our.s.i.cLc: By Allen Hazard
1114/2009
Historic Districts
How They Work for Your Community
What is a Historic District?
"A historic district mcans a signilicant concentration, linkage or continuity of sites,
buildings, structures that are united historically, geographically or aesthetically by plan or
physical development and that have a special charactcr, historical interest, cultural or
aesthetic value, or that represcnt one or more architcctural pcriods in the history and
development of the City of San Diego."
What is thc purpose of a Historic I)istrict'!
To maintain, protect and preserve thc scale and basic character and salient architectural
dctails of homes within a historical district. A historical district is not a static museum,
but rather a living, changing neighborhood. Thcre is room for privatc renewal and
architectural creativity, within appropriate controls and standards. Historical designation
in a neighborhood will encourage continuous rcsearch into a community's human past
and culture for the benefit of future gcnerations and protect our high-quality architecture,
mature landscaping and pedestrian orientation of our historic community by denying
demolition of existing older homes to simply build out-of-scale supcr-houses that
overwhclm the neighborhood. Thc character of a neighborhood is thrcatened by the
'teardown' phenomcnon, which is dcstroying the architecture and heritage of a
community. A historic district will provide protection from demolition, insensitive
alterations and out-of-character new construction and emphasize the value of the historic
neighborhood.
Why a historic district at this timc'!
A disturbing trcnd has spread across Amcricaiis older and historic ncighborhoods such as
Mission Hills, La Jolla, and Coronado to demolish or 'teardown' oldcr homes. A
'teardown' refers to thc practice of demolishing an existing house to make way for a
dramatically large new home on the same lot. This unfortunate practice has become such
an epidemic in our country that the National Trust has listed 'Teardowns in Historic
Neighborhoods' on its 2002 list of America's II Most Endangered Historic Places. The
impacts of , tear down' on historic neighborhoods is twofold: First as line historic homes
are rcduced to rubble to make way for much larger ncw houses, the architcctural and
cultural heritage of our communities is eroded and f(lreVer changed. Second, the massive,
out-of-scale structures that are being built to replace older homes do not fit well in
historic neighborhoods and threaten the very qualities that make these neighborhoods
attractive and desirable. In most cases, small older homcs arc being torn down and
replaccd with new houses thrce times their size. This greatly increascd square footage (an
averagc new 'McMansion' is over 3,000 sq ft) results in tall. bulky structurcs thai loom
over adjacent homes and brcak the eSlablishcd building pattern of the community. Front
yards arc often given 10 large three car garages and driveways. The livability ofhisloric
neighborhoods is eroded and in many cases, thcse new 'Monstcr Homes' block views and
eliminate side and back yards.
Furthermore, through a dcsignated Traditional Historic District, residcnts strivc to
preserve for future generations the fine homes that draw people to such communities.
This helps to preserve architectural detailing, the use of high-quality materials,
crallsmanship, historic character and charm. These are the same qualities that still matter
to many buyers looking for homes in historic neighborhoods. While historic designation
does not freeze development, it does help to ensure that any enlargcments or additions to
existing homes are done with sensitivity and in a manner consistent with the historical
guidelines that will be created. (Reference: "Protecting Americaas Historic
Neighborhoods: Taming the Teardown Trend" by Adrian Scott Fine and Jim Lindberg)
What are thc bcnefits of residing in a historic district'!
Tbere are several benefits for maintaining and preserving one of San Dicgo's early
communities for future gcnerations and for 'contributing' homes. The Mills Act can
significantly reduce property taxes. The National Trust states that historically designated
residential districts enjoy 10-25% higher property values versus similar homes without
historic designation. Some historic districts such as 'Bungalow Hcaven' in Pasadena raise
thousands of dollars each year for their neighborhood association through voluntary
home tours, which continue to publicize the bcnefits of living in that community.
What is thc Mills Act?
The statewide prescrvationlaw enacted by formcr State Senator Jim Mills that allows for
a significant reduction in the property taxes of designated historic a 30-70% reduction in
property taxcs through thc use of the Mills Act.
What is a 'contributing' homc?
There are basically three categories of homes within a historic district. The first type is a
'contributing' site, i.e. onc that contributes to the historic district. These homes must meet
the significance characteristics of a district and must be specifIcally designated historic
resources. These sites shall be eligible for all benet1ts and rcsponsibilities of historical
designation.
The second is called a 'potential contributing' site, onc that can be restored to the original
character of the design of the home. For example, a homc may apply to bccome
'contributing' when the homeowner rcplaces aluminum windows with appropriate wood
windows.
Thc third type of home is a 'non-contributing' site, which is eithcr a new homc or a home
that has been remodeled beyond its original design. This type of house has been
substantially modified so that they no longer contribute to the historical integrity ofthc
district. These sitcs are not eligible for the benefits resulting from historical dcsignation,
except if the owner subsequently restores original historic fabric and features making it a
contributing site. In these cases, the City of San Dicgo Historical Resources Board (HRB)
will hold a public hearing wherc the status of the site from non-contributing to
contributing can be assesscd and approved. This type of home would not be eligible for
the Mills Act, but would enjoy the benefit of being in a historic district.
District Fcatures
The Historical Resources 130ard will determine, upon designation ofa Historical District,
those features and characteristics deemed esscntialto the maintenance of the distrietiis
architectural and/or historical integrity.
How do ] apply for the Mills Act if there is a Historic District'!
Submit a requcst and pay a one-time fce based upon the value of your home. You will
receive a Mills Act Contract from the County, with a term often ycars. This contract goes
with the propcrty when it is sold, allowing the new owner to take advantage of the
reduccd propcrty taxes without having to re-apply. This also bccomes a grcat sclling
point whenlifyou sell your homc.
What arc my 'responsibilities' if my neighborhood becomes a Traditional City of
San Diego Historical District?
A permit would be needed before doing any major alterations to the exterior of your
home, such as building an addition or second story, stuccoing over wood siding,
removing original porches or removing wood windows and replacing them with
aluminum ones. The proposed changes would have to be compatible with the style or
character of your home, so that it would continue to maintain the historic appearance of
the house. You currently have to obtain a permit to do these things already.
] do not want any rcstrictions placcd on my use of my propcr!)'. If I lived in a new
house in a subdivision, I wouldn't have any restrictions.
That is not the ease; you are always required to comply with zoning, health, safety and
building codes. Also, virtually all newer subdivisions and housing tracts have stringent
design guidelines for paint colors, landscaping, vehicle parking and a multitude of other
restrictions. There arc frequently CC&Rs, which are a set of rules govcrning what can be
done with your property. Also frequently there are homeowner associations who may tell
you what you can or cannot do. With Historic District status, you would still have far
(ewer restrictions on property alterations than most new homes.
How can it heIp me if I vote for a Historic Distriet'!
One large benefit is that other property owners in the district will also be regulated by the
same standards that you would be. This means that the house next door is not going to
undergo radical alterations, which can be unattractive and inappropriate to an older
community, and which may ultimately cause your property to lose value and make it
more difJicult were you to sell your home. It provides thc protection ofkecping the
neighborhood style and character, which attracted you to this area in the first place, and
which would help to maintain and increase property values and attract other preservation
minded people to the community.
Would I have to get a permit to paint my bouse or to change house colors'!
No, but you would be encouraged to contact the Cityas HRI3 staff for advise on the best
color schemes consistent with the historical period and style of your house. This will
increase its value.
Would] be allowed to build an addition to my house?
Yes, as long as the design is sensitive and compatible with the existing house. To reduce
the impact of an addition, new construction should be concentrated on the rear (non-
public) sides of the house. Although the addition is to be compatible, it should also be
differentiated, so as not to be confused with the original elements. Additions and
alterations should comply with The Secretary of the Interior's Standards for the
Treatment of Historic Properties, written by the National Park Service.
Would I hc allowed to changc thc interior?
Yes, historic district status has no effect on the interior of your home, although it would
be preferred if alterations comply with The Secretary of the Interior's Standards. You
would still have to obtain permits for electrical, plumbing or structural changes as you
currently do.
Would the public bavc acccss to my housc, oncc it is historic'!
No. Your decision to showcase your home at any given time is entirely up to you.
Can I change thc landscaping?
Yes, the historical designation does not include your yard. There are currently City codes
concerning the height and placement offences and those would remain the same. In some
instances, the fence code provides more latitude in a historic district. However, you
would be advised to contact city historical staff for guidance on the best plant materials
you can use consistent with the historical period of your home.
Would the Historic District affect the zoning or dcnsity of my lot'!
No, those things would still be subject to the zoning codes currently in force.
Edilors nole: Thanks 10 conlribulors AlIcn Hazard. Janel O'Dea. David Marshall. Bruce
Coons. Barry Hager and Ihe Cily o(San Diego.
Historic Districts
How They Work for Your Community
What is a Historic District?
"A historic district means a signilicant concentration, linkagc or continuity of sitcs,
buildings, structures that are united historically, geographically or aesthetically by plan or
physieal devclopment and that have a special character, historical intercst, cultural or
aesthetic value, or that represcnt onc or more architectural pcriods in the history and
development of the City of San Diego."
What is thc purpose of a Historic District?
To maintain, protect and preserve thc scale and basic character and salient architectural
details of homes within a historical district. A historical district is not a static museum,
but rather a living, changing neighborhood. There is room for private renewal and
architectural creativity, within appropriatc controls and standards. Historical designation
in a neighborhood will encourage continuous research into a community's human past
and culture for the benefit of futurc generations and protect our high-quality architecture,
mature landscaping and pedestrian orientation of our historic community by denying
demolition of existing older homes to simply build out-of-scale super-houses that
ovcrwhelmthe neighborhood. The character of a neighborhood is threatened by the
'teardown' phcnomenon, which is dcstroying the architecturc and heritage of a
community. A historic district will provide protcction from demolition, insensitive
alterations and out-of-character ncw construction and cmphasize the value of the historic
neighborhood.
Why a historic district at this timc'!
A disturbing trend has spread across Amcricaiis oldcr and historic neighborhoods such as
Mission Hills, La Jolla, and Coronado to demolish or 'teardown' older homcs. A
'tcardown' rcfers to the practice of dcmolishing an existing housc to make way for a
dramatically large new homc on the same lot. This unfortunate practice has bccome such
an cpidemic in our country that the National Trust has listcd 'Teardowns in Historic
Ncighborhoods' on its 2002 list of America's II Most Endangered Historic Placcs. The
impacts of'tcardown' on historic neighborhoods is twofold: First, as fine historic homes
arc reduced to rubble to makc way for much larger ncw houses, the architectural and
cultural heritage of our communities is eroded and forcvcr changcd. Sccond, the massive,
Ollt-of-scalc structures that arc being built to rcplace older homes do not fit well in
historic neighborhoods and threaten the vcry qualitics that makc these neighborhoods
attractive and desirable. In most cases, small older homes are bcing torn down and
replaced with new houses three times their size. This greatly increased square footage (an
average new 'McMansion' is over 3,000 sq ft) results in tall, bulky structures that loom
over adjacent homes and break the established building pattern of the community. Front
yards are oftcn givcn to large three car garages and driveways. The livability of historic
ncighborhoods is eroded and in many cases, thcse new 'Monster Homes' block views and
eliminate sidc and back yards.
Furthermore, through a dcsignatcd Traditional Historic District, residcnts strive to
preserve for future generations the fine homes that draw people to such communities.
This helps to preserve architectural detailing, the use of high-quality materials,
craftsmanship, historic character and charm. These are the same qualities that still matter
to many buyers looking ror homes in historic neighborhoods. While historic designation
does not rreeze development, it does help to ensure that any enlargements or additions to
existing homes are done with sensitivity and in a manner consistent with the historical
guidelines that will be created. (Reference: "Protecting Americails Historic
Neighborhoods: Taming the Teardown Trend" by Adrian Scott Fine and Jim Lindberg)
What are the henefits of residing in a historic district?
There are several benefits ror maintaining and preserving one of San Diego's early
communities for ruture generations and for 'contributing' homes. The Mills Act can
significantly rcduce property taxes. The National Trust states that historically designated
residcntial districts enjoy 10-25% higher property values versus similar homes without
historic designation. Some historic districts such as 'Bungalow Heaven' in Pasadcna raise
thousands of dollars each year for their neighborhood association through voluntary
home tours, which continue to publicize the bencfits or living in that community.
What is the Mills Act?
Thc statewide preservation law enacted by rormer State Senator Jim Mills that allows ror
a significant reduction in the property taxes or designated historic a 30-70% reduction in
property taxes through the use of the Mills Act.
What is a 'contributing' home?
There arc basically three categories of homes within a historic district. Thc first type is a
'contributing' site, i.e. one that contributes to the historic district. These homes must meet
the significanec characteristics ofa district and must be specifically designated historic
resources. These sites shall be eligible for all benelits and responsibilities or historical
designation.
The second is called a 'potential contributing' sitc, one that can be restored to the original
character or the design of the home. For example, a home may apply to become
'contributing' when the homeowner replaces aluminum windows with appropriate wood
windows.
The third type or home is a 'non-contributing' site, which is either a new home or a home
that has been remodeled beyond its original design. This type of house has been
substantially modified so that they no longer contribute to thc historical integrity of the
district. These sites are not eligible ror the benefits resulting rrom historical designation,
except if the owner subsequently restores original historic rabric and reatures making it a
contributing site. In these cases, the City or San Diego Historical Resources Board (HRB)
will hold a public hearing where the status ofthc site Irom non-contributing to
contributing can be assessed and approved. This type or home would not be eligible for
the Mills Act but would enjoy the benefit of being in a historic district
District Fcatures
The Historical Resources Board will determine, upon designation of a Historical District,
those features and characteristics deemed essential to the maintenance of the districtas
architectural and/or historical integrity.
How do ] apply for the Mills Act if there is a Historic District?
Submit a request and pay a one-time fee based upon the value of your home. You will
receive a Mills Act Contract from the County, with a term often years. This contract goes
with the property when it is sold, allowing the new owner to take advantage of the
reduced property taxes without having to re-apply. This also becomes a great selling
point when/if you sell your home.
What are my 'responsibilities' if my neighborhood becomes a Traditional Cit)' of
San Diego Historical District?
A pemlit would be needed before doing any major alterations to the exterior of your
home, such as building an addition or second story, stuccoing over wood siding,
removing original porches or removing wood windows and replacing them with
aluminum ones. The proposed changes would have to be compatible with the style or
character of your home, so that it would continue to maintain the historic appearance of
the house. You currently have to obtain a permit to do these things already.
I do not want any restrictions placed on my use of m)' propert)'. If] lived in a new
house in a subdivision, I wouldn't have an)' restrictions.
That is not the case; you are always required to comply with zoning, health, safety and
building codes. Also, virtually all newer subdivisions and housing tracts have stringent
design guidelines for paint colors, landscaping, vehiele parking and a multitude of other
restrictions. There are frequently CC&Rs, which are a set of rules governing what can be
done with your property. Also frequently there arc homeowner associations who may tell
you what you can or cannot do. With Historic District status, you would still have far
fewer restrictions on property alterations than most new homes.
How can it help me if I vote for a Historic District?
One large benefit is that other property owners in the district will also be regulated by the
same standards that you would be. This means that the house next door is not going to
undergo radical alterations, which can be unattractive and inappropriate to an older
community, and which may ultimately cause your property to lose value and make it
more difficult were you to sell your home. It provides the protection of keeping the
neighborhood style and character, which attracted you to this area in the first place, and
which would help to maintain and increase property values and attract other preservation
minded people to the community.
Would I have to get a permit to paint my house or to change house colors?
No, but you would be encouraged to contact the Cityas HRB staff for advise on the best
color schemes consistent with the historical period and style of your house. This will
increase its value.
Would] he allowed to build an addition to my house?
Yes, as long as the design is sensitive and compatible with the existing house. To reduce
the impact of an addition, new construction should be concentrated on the rear (non-
public) sides of the house. Although the addition is to be compatible, it should also be
differentiated, so as not to be confused with the original elements. Additions and
alterations should comply with The Secretary of the Interior's Standards for the
Treatment of Historic Properties, written by the National Park Service.
Would I be allowed to change the interior?
Yes, historic district status has no effect on the interior of your home, although it would
be preferred if alterations comply with The Secretary of the Interior's Standards. You
would still have to obtain pennits for electrical, plumbing or structural changes as you
currently do.
Would the public have access to my house, once it is historic?
No. Your decision to showcase your home at any given time is entirely up to you.
Can I change the landscaping?
Yes, the historical designation does not include your yard. There are currently City codes
eoneerning the height and placement offences and those would remain the same. In some
instances, the fence code provides more latitude in a historic district. However, you
would be advised to contact city historical staff for guidance on the best plant materials
you can use consistent with the historical period of your home.
Would the Historic District affect the zoning or density of my lot?
No, those things would still be subject to the zoning eodes currently in foree.
Editors nole: Thanh to col1lributors Allen Hazard. .Janet O'Dea. David Nlarshall. Bruce
Coons. Barry Hager and the City of San Diego.
CITY COUNCIL
AGENDA STATEMENT
~\'f:.. CITY OF
.J~ CHUIAVISTA
NOVEMBER 3, 2009, Item~
ITEM TITLE:
ZONING OPTION FOR PRESERVATION OF
LOTS ON THE WEST SIDE OF SECOND
BETWEEN I At'ill J STREETS.
DEPUTY CITY MANAG8R1DEVELOPMENT
DIRECTO~ {;:;,-e l-t"
CITY MANAGER~, Gr-J-p;.
LARGER
AVENUE
SUBMITTED BY:
SERVICES
REVIEWED BY:
4/5THS VOTE: YES D NO I X I
SUMMARY
As requested by the City Council at its October 20, 2009 meeting, this report provides
information on the potential expansion of RI-15 zoning on the west side of Second
A venue between I Street and J Street.
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 subject activity is not a "Project" as defined under Section 15378 of the State
CEQA Guidelines because the activity will not result in an enactment or amendment of a
zoning ordinance nor will it result in a physical change to the environment; therefore,
pursuant to Section 15060 (e)(3) of the State CEQA Guidelines the activity is not subject
to CEQA. In addition, the Environmental Review Coordinator has further determined that
there is no possibility that the activity may have a significant effect on the environment;
therefore, pursuant to Section 15061 (b)(3) of the State CEQA Guidelines the activity is
also not subject to CEQA. Although environmental review is not required at this time, if
the Council directs staff to bring back a proposal for specific enactment or amendment
for rezoning any properties, environmental review will be required and a CEQA
determination completed prior to action on any proposed zone change.
RECOMMENDATION That the City Council provide direction to staff whether to
proceed with preparing a rezoning proposal or other actions for the subject area.
10-1
November 3, 2009, ftem~
Page 2 of2
BOARDS/COMMISSION RECOMMENDA nON Not applicable
DISCUSSION
At the October 20, 2009, Council meeting, residents from the neighborhood along
Second Ave. south of 1 Street expressed concerns regarding a recent project to subdivide
a large lot in the area. Under the present RI-7 Zoning that proposal split the existing
23,381 square-foot lot into three lots, each buildable with a single-family dwelling.
Residents expresscd general concerns on the effect of such infill development on the
character of the neighborhood. Given that the RI-7 Zone applies to several other larger
lots in the area (see Attachment I), the potential for further lot splits and infill
development exists.
A possible option for preserving large lots located along the west side of Second Avenue
between "I" and "J" Streets is the expansion of the adjacent RI-15 Zone that exists along
Del Mar Avenue. This zone was established in the 1980s as a way to preserve the large
lots situated on Del Mar Avenue between "I" and "J" Streets. Although staff has not fully
begun investigation into this matter, the RI-15 Zone might be able to be expanded in an
eastward direction to the west side of Second Avenue, encompassing approximately 20
parcels. It appears that only the parcel located at 682 Second Avenue might be large
enough to be subdivided under an RI-15 designation. The potcntial cxpansion of the RI-
15 Zone to encompass the west side of Second A venue between "j" and 'T' Streets
would be consistent with the General Plan designation of Low-Mcdium Residential.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found a conflict, in
that Council Member Bensoussan has property holdings within 500 feet of the boundary
of the area which is the subject of this report.
CURRENT YEAR FISCAL IMPACT
There is no impact as this report only regards discussion of potential future changes in
zoning. In the event that Council directs staff to pursue any rezoning or other action,
staff will identify associated fiscal impacts when that item is returned to Council for
action.
ONGOING FISCAL IMPACT
Ongoing fiscal impacts associated with any future rezoning or other action affecting the
subject area will be identified when that item is returned to Council for action.
ATTACHMENTS
1. Existing Zoning
Prepared by: Steve Power. Principal Planner, Development Services Department
C:IDocuments and ScttingsledblLocal SettingsITefB~~Y Internet FilesIOLK8\cc.rpt.2nd.ave.l O.28.09.doc
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
em OF
CHULA VISfA
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October 29, 2009
FROM:
City Council
Mayor, Cheryl co~
Councilmember, Pamela Bensoussan
TO:
CC:
City Manager, Jim Sandoval
SUBJ:
City Council consideration declaring an official website for Chula Vista's
2011 Centennial
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The Committee of 1 00 was created in order to bring together people interested in
celebrating the City's upcoming Centennial in a variety of ways. At the inaugural
meeting on September 21, 2009, 57 suggestions were heard from those present.
Mayor Cox and Councilmember Bensoussan, as founding members of the Committee
of 100, urged anyone with the time, talent, energy, interest, and/or artifacts and
memories of Chula Vista to join the Committee of 100. We continue to welcome new
members.
The intent in forming the Committee of 100 is to create a year-long birthday celebration
with large and small events sponsored by residents, merchants, organizations and
neighborhoods. The goal of these events is to commemorate, educate, inform and enjoy
the diversity and history of Chula Vista, culminating in a Centennial Anniversary event in
November 2011. The next meeting of the Committee of 100 is scheduled for Thursday,
January 21, 2010, at 6:30 pm in the Council Chambers at City Hall.
Registering for the Committee of 100 can be completed by email to
CommitteeOf1 OO@chulavistaca.qov or by visiting the official website.
Mayor Cox and Councilmember Bensoussan ask for City Council concurrence in
requesting the assistance of the City Manager in preparing an Agenda item that would
allow the City Council to endorse ChulaVistaCentennial.ora as the City's official website,
preserve its autonomy and that of its sub-domains. With Council approval, the official
website can be linked to the City's website and facilitate a community/city partnership.
Thank you.
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