HomeMy WebLinkAboutAgenda Statement 1974/04/16 Item 06a,b
,AGENDA ITEM NO. [6a, b ]
CHULA VISTA CITY COUNCIL MEETING OF: Ap r i1 16, 1974
Public Hearing - Consideration of Application to Urban Mass Transportation
Administration for Purchase of Transit Buses.
ITEM TITLE: Resolution, _ Authorizing Filing of a Grant Application With The
Urban Mass Transportation Administration for the
Purchase of Transit Buses.
INITIATED BY: City Manager
BACKGROUND
On March 5, 1974, the City Council set a public hearing for
April 16, 1974, to consider a Fiscal 1974 grant application
to UMTA for the purchase of two transit buses and related
equipment. Since that time, the two federally required
notices have been published in both the Chula Vista Star
News and the San Diego Union. In conjunction, a copy of the
draft application has been available for public inspection in
the City C1erk's office.
As the regional Clearinghouse for such matters, the Comprehensive
Planning Organization approved our grant application on March 18,
1 974 (Ex hi bit 1). The fin a 1 doc u men tis now rea d y for Co un c i 1
approval prior to forwarding to the U.S. Department of Trans-
portation. Due to the volume of the total application, only a
general description has been provided as Exhibit 2 (Notice of
Public Hearing). A full and complete copy is available from
the City Clerk.
ATTACHED:
Resolution [x]
Ordinance [ ]
Agreement [ ]
Plat [ ]
See EXHIBITS ~] No.1, 2 , 3
Financial Statement:
N.A.
Commission-Board Recommendation:
N.A.
Department Head Recommendation:
N.A.
City Manager Recommendation: Recommend adoption of resolution. This grant also
calls for no direct city expense. The local match-
ing share will come from local transportation fund
(SB 325, 1973).
~7J7(O
ASSURANCE OF COMPLIAN(E WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
(DEPARTMENT OF TRANSPORTATION)
The City of Chula Vista (hereinafter referred to as the "Recipient") HEREBY
AGREES THAT as a condition to receiving any Federal financial assistance
from the Department of Transportation it will comply with Title VI of the
Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4
(hereinafter referred to as the Act) and all requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transporta-
tion, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation - Effectua-
tion of Title VI of the Civil Rights Act of 1964 (hereinafter referred to
as the Regulations) and other pertinent directives, to the end that in
accordance with the Act, Regulations, and other pertinent directives, no
person in the United States shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any program or
activity for which the Recipient receives Federal financial assistance from
the Department of Transportation, including the Urban Mass Transportation
Admi ni strat i on (UMTA), and HEREBY GIVES ASSURANCE. THAT it wi 11 promptly
take any measures necessary to effectuate this agreement. This assurance
is required by subsection 2l.7(a)(1) of the Regulations.
More specifically and without limiting the above general assurance, the
Recipient hereby gives the following specific assurances with respect to the
Project:
1. That the Recipient agrees that each Ilprogram" and each "facility" as
defined in subsections 21.23(c) and 21.23(b) of the Regulations, will
be (with regard to a Ilprogram") conducted, or' wi 11 be (with regard to
a Ilfacility") operated in compliance with all requirements imposed
by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all
solicitations for bids for work or material subject to the Regulations
and made in connection with a project under the Urban Mass Transportation
Act of 1964, as amended (the UMTA Act) and, in adapted form in all
proposals for negotiated agreements:
The Recipient, in accordance with Title VI of the Civil Rights
Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title
49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
in Federally-Assisted Proqrams of the Deparbnent of Transporta-
tion issued pursuant to such Act, hereby notifies all bidders
that it \'Ji11 affimatively insure that in regard to any contract
entered into pursuant to this advertisement, minority business
enterprises will be afforded full opportunity to submit bids in
response to this invitation and will not be discriminated against
on the grounds of race, color, or national origin in consideration
for an award.
'fA 14 '~j,AV. Wi
/7C I' I uZ(!.Y r ~.,
If ; I " ' "',.' r
I j,' I" .
~______ ,,:'-'4'; . #1-1.-"'<11""
i)~(-:'" I.;" r II!;':; /"'.' ~
{.," tip ~"
3. That the Recipient shall insert the clauses of Appendix A of this
assurance in every contract subject to the Act and the Regulations.
4. That the Recipient shall insert the clauses of Appendix B of this
assurance, as a covenant running with the land, in any deed from the
United States effecting a transfer of real property, structures, or
improvements thereon, or interests therein.
5. That where the Recipient receives Federal financial assistance to
construct a facility, or part of a facility, the assurance shall
extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receives Federal financial assistance in the
fonn, or for the acquisition of real property or an interest in real
property, the assurance shall extend to rights to space on, over, or
under such property.
7. That where the Recipient receives Federal financial assistance to
carry out a program of managerial training under section lO(a) of
the Urban Mass Transportation Act of 1964, a~ amended, the assurance
shall obligate the Recipient to make selection of the trainee or
fellow without regard to race, color or national origin.
8. That where the Recipient receives Federal financial assistance to
carry out a program under the Urban Mass Transportation Act of 1964,
as amended~ the assurance shall obligate the Recipient to assign
transit operators and to furnish transit operators for charter purposes
without regard to race~ color or national origin.
9. That where the Recipient receives Federal financial assistance to
carry out a program under the Urban Mass Transportation Act of 1964~
as amended~ routing, scheduling, quality of s~rvice, frequency of
service, age and quality of vehicles assigned to routes, quality of
stations serving different routes, and location of routes may not
be determined on the basis of race, color, or national origin.
10. That the Recipient shall include the appropriate clauses set forth in
Appendix C of this assurance, as a covenant running with the land~ in
any future deeds~ leases, permits, licenses, an,d similar agreements
entered into by the Recipient with other parties: (a) for the sub-
sequent transfer of real property acquired or improved under Project;
and, (b) for the construction or use of or access to space on~ over
or under real property acquired, or improved under Project.
11. That this assurance obligates the Recipient for the period during which
Federal financial assistance is extended to the Project, except where
the Federal financial assistance is to provide, or is in the form of,
personal property, or real property or interest therein or structures
or improvements thereon, i n \~hi ch case the assurance ab 1 i qates the
Recipient or any transferee for the longer of the followi~g periods:
(a) the period during which the property is used for a purpose for
which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits; or
(b) the period during which the Recipient retains ownership or posses-
ion of the property.
,-,
/ 1/" ~, -;.
! i!
t\ . j.-. tJ
12. The Recipient shall provide for such methods of administration for
the program as are found by the Secretary of Transportation or the
offi ci alto \~holl1 he delegates specifi c authority to give reasonable
guarantee that it, other recipients, subgrantees, contractors, sub-
contractors, transferees, successors in interest, and other partici-
pants of Federal financial assistance under such program will comply
with all requirements inlposed or pursuant to the Act, the Regulations
and this assurance.
13. The Recipient agrees that the United States has a right to seek
judicial enforcement with regard to any matter arising under the Act,
and Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
any and all Federal grants, loans, contracts, property, discounts or other
Federal financial assistance extended after the date hereof to the Recipient
by the Department of Transportation under Federal Urban Mass Transportation
Programs and is binding on it, other recipients, subgrantees, contractors,
subcontractors, transferees, successors in interest and other particpants
in the Federal Urban Mass Transportation Program. The person or persons
whose signatures appear below are authorized to sign this assurance on
behalf of the Recipient. '
DATE April 16, 1974
CITY OF CHULA VISTA
~l/) () / / ,/J/,Q,
by VF70,,~,ffi7~,(ttJ; (
THOMAS D. HAm L TON, JR., MAYOR
Attachment: Appendix A
~ .1L) II
~\- :,l( ~
APPENDIX A
During the performance of this contract, the contractor, for itse1f~ its assignees
and successors in interest (hereinafter referred to as the "contractor") agrees as
fo 11 ows :
(1) ~.O~lpJJ.a...n_~~_ ~j1~2.~g~J.~Jjg-'lS_: The contractor shall comply with the Regula-
tions relative to nondiscrimination in federally-assisted programs of the
Department of Transportation (hereinafter, "OOrl) Title 49~ Code of
Federal Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed
by i ( duroi ng- ttie--.contract, s ha 11 not di scri mi na te on the grounds of
race, color, or national origin in the selection and retention of sub-
contractors~ including procurements of materials and leases of equipment.
The contractor shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
( 3 ) Sol i.c i t?t i on ~_19 r Su b~..9n tr.~~t~.!!l~]Qq~iJlgJ'.cQ c~ r~~n_~J:..s_.9J_l1a te ria .~a n d
~uiP~ent: In all solicitations either by competitive bidding or negotia-
tion made by the contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment~each potential
subcontractor or supplier shall be notified by the contractor of the
contractor1s obligations under this contract and the Regulations
relative to nondiscrimination on the grounds of race, color, or national
origin.
(4) InforE1at~9Jl an~!el9Lt~.: The contractor shall provide all i nformati on
and reports required by the Regulations or directives issued pursuant
thereto, and shall permit access to its books, records, accounts, other
sources of i nformat; on, and its facil iti es as may be determi ned by the
Recipient or the Urban Mass Transportation Administration (UMTA) to be
pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information is required or a contractor is in
the exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the Recipient~ or the
Urban Mass Transportation, as appropriate, and shall set forth what
efforts it has made to obtain the information.
(5) S~~_~~~~__tor ~on~9~QlL?n~~_: In the event of the contractor's non-
compliance with the nondiscrimination provisions of this contract, the
Recipient shall impose such contract sanctions as it or the Urban Mass
Transportation Administration may determine to be appropriate, including,
but not limited to:
(a) Withholding of payments to the contractor under the contract until
the contractor complies, and/or
(b) Cancellation, termination or suspension of the contract, in whole
or in part.
~
\) --'cl-.71
~vl~_trc
(6 )LQS_9rp_~r~JigD_ of...Eroyj.sjgP.?; The contrdctar shall include the prav; s ions
of paragraph rn through (6) in every subcontract, i nc 1 udi ng procurements
of materials and leases of equipment, unless exempt by the Regulations,
or directives issued pursuant thereto. The contractor shall take such
action with respect to any subcontract or procurement as the Recipient
or the Urban Mass Transportation ,~dlllinistration may direct as a means
of enforcing such provisions including sanctions for noncompliance:
Provided, however, that, in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the contractor may request the Recipient to
enter into such litigation to protect the interests of the Recipient,
and, in addition, the contractor may request the United States to enter
into such litigation to protect the interests of the United States.
.
.
-----...
.) 7J7(j
F, Ie. . ~
CERTIFICATION
THE CITY OF CHULA VISTA
HEREBY CERTIFIES THAT, in the development of this application for a Mass Trans-
portation Capital Improvement Grant under the Urban Mass Transportation Act of
1964, as amended, it:
1. Has afforded adequate opportuni ty for pub 1 i c
hearings pursuant to adequate prior notice,
and has held such hearings, in accordance with
the requi rernents set forth by the Ul"ban Mass
Transportation Administration.
2. Has considered the economic and social effects
of this proposed project and its impact on the
environment.
3. Has found that this proposed project is
consistent with official plans for the com-
prehensive development of the urban area.
Date April 16, 1974
CITY OF CHULA VISTA
· X\, ../}
<--: .'\' " 1\/
by '.' -jf;)J :(.;/ \J!v41 ~LlJt.ii1
THOMAS D. HAMILTON, JR., MAYOR
1( -DX
/?~' ',' )v""'--
.. COMPREHENSIVE PLANN!NG ORGANIZATION OF THE SAN DIEGO REGION :~{, ,'F · (.::j'~,'",~,J
. ;~~,
. Vi:1TE 5" ,--_/
, " SlCUfllTY PACIFIC PLAZA
1200 THIRD AV~NUE
SAN DIEGO, CALIF, 92101
(7141233-5211
RESOLUTION #74-34 .^.DOPTED ON March 18, 1974
Recommending Approval of the City of Chula
Vista's Application to the Urban Mass Trans-
portation Administration requesting a Capital
Improvement Program Grant for FY73-74
WHEREAS, the City of Chula Vista is submitting a grant request to the U. S.
Department of Transportation, Urban Mass Transportation in the amount of $85, 478;
said grant to provide funding for the acquisition of two 45-passenger transit buses and
two fare boxes; and
WHEREAS, the Comprehensive Planning Organization, acting as the Areawide
clearinghouse pursuant to regulations set forth in the Office of Management and Budget's
Circular A-95, has reviewed the subject application; and
WHEREAS, this grant is needed to allow gradual retirement of older obsolete
equipnlent now in operation on the three existing Chula Vista Bus Lines intra-city
bus routes; and
WHEREAS, the Comprehensive Planning Organization has previously reviewed
and approved the FY73-74 transit Capital Improvement Program of the City of Chula
Vista as part of their FY73-74 Local Transportation Fund c1aim;NOW THEREFORE
BE IT RESOLVED that the Board of Directors of the Comprehensive Planning
Organization recommends to the Urban Mass Transportation Administration that the
grant request of the City of Chula Vista for FY73-74 be approved.
PASSED AND ADOPTED by the Board of Directo~s of the Comprehensive Plan-
ning Organization this 18th day of March .-1 1974.
) 7") II
K - ( ;'-/;c
MfMncn Ar,[NClfS: Cl!lr~ 01 Co1r1~hall, Chulil VI~tn. Corl,"aUl1. Orl Mill, fI CJjlln. f';cl1ndldo. 1111[\00011 ~rilrh. La Musa. Nillional Ci!v. Oconfl~id('. ~;i1n f)il'qO,
San MaIms, VI';!,) Gild CounlV 01 SlIn Oil'\lo / [x.OIl/C/O 1.1/ Mil/II Call1orlll.) DI'p,lI!n1l'nt of Tf.rW;I'"rt,lllon I /lONO/W/Y M1M/l11l. 11/11,111.1, II, CIA
EXIIIBIT J.
PUBLIC HEARING
Exril~~ {
~h,' ~2-
:JI: .ll.' .
NOTICE OF PUHLIC HEARING
RE: Application by the City of Chula Vista, dba Chula Vista
City Bus Line, for a capital improvement grant under the
Urban Mass Transportation Act of 1964, as amended.
I. Notice is hereby gIven that a public hearing will be held by
the City of Chula Vista at City Council Chambers, Civic Center,
276 Fourth Avenue, Chula Vista, California on April 16, 1974,
for the purpose of considering a project for which financial assis-
tance is being sought from the Urban Mass Transportation Administra-
tion, pursuant to the Urban Mass Transportation Act of 1964, as
amended, generally described as follows:
A. Description of Project:
(1) Purchase of two new 45 passenger air-conditioned
transit buses and two registering fare boxes.
(2) The project is located at the facilities of the
City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California 92010.
(3) The estimated cost of the project is: $106,848
The Federal share is $ 85,478
The local share is $ 21,370
The source of the local share is the Mills-Alquist-
Deddeh Act, Local Transportation Fund, which IS
created from a one-quarter percent sales tax to be used
for transit planning, construction, and operation.
B. Relocation: No persons, families or businesses will be
displaced by this project.
l117f
Exhibit J'l co~t.
C. Environment: The project will enhance the environment
by eliminating otherwise necessary vehicular trips within
the City's jurisdiction.
D. Comprehensive PlanninR: This project is in conformance
with comprehensive land use and transportation planning in
the San Diego County region. Currently, this project is
under review by the San Diego County Comprehensive Planning
Organization (CPO).
E. Elderly and Handicapped: The new, air-conditioned
buses will provide a higher quality of transportation
serVlce for the elderly and handicapped. This is important
as this segment of the community is quite dependent upon
local bus service for access to shops, hospitals, and
residential areas.
II. At the hearing, the City Council of Chula Vista will afford
the opportunity for interested persons or agencies to be heard
with respect to the social, economic, and environmental aspects
of the project. Interested persons may submit orally or in writing
evidence and recommendations with respect to said project.
III. A copy of the application for a Federal grant for the
proposed pr~ject, together with an environmental analysi~ and the
transit development plan for the area, is currently available for
public inspection at the City Clerk's Office, 276 Fourth Avenue,
Chula Vista, California.
:' ..~
..
~M4GIlJ..~9~.
APPLICANT'S AUTHORIZED REPRESENTATIVE
')
1/ v( '-l.ll
1\'1~!1
\