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HomeMy WebLinkAbout2021/08/24 - Post-Meeting Agenda Package SPECIAL MEETING OF THE HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA **POST-MEETING AGENDA** Date:August 24, 2021, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA Notice is hereby given that the Mayor of the City of Chula Vista has called and will convene a Special Meeting of the Housing Authority meeting jointly with the City Council on Tuesday, August 24, 2021, at 5:00 p.m. in the Council Chambers, located at 276 Fourth Avenue, Building A, Chula Vista, California. The City Council has transitioned back to holding live, in-person meetings. View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings AT&T U-verse ch. 99 (San Diego County) Cox ch. 24 (Chula Vista) in English only PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways: In-Person comments during the meeting. Join us for the City Council meeting at the time and location specified on this agenda to make your comments. For up-to-date participation protocols visit www.chulavistaca.gov/councilmeetings • How To Submit eComments: Visit www.chulavistaca.gov/councilmeetings, locate this meeting and click on the comment bubble icon. Click on the item you wish to comment on, then click on "Leave Comment." eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments may be viewed by the City Council and members of the public as they are submitted. If you have difficulty submitting eComments email your comments to: cityclerk@chulavistaca.gov • HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. For Spanish, please click on "ES" in the bottom right-hand corner. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels in English only) and are available on the City's website in English and Spanish. ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor. - Five minutes* for specific items listed on the agenda - Three minutes* for items NOT on the agenda (called to speak during Public Comments) - A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. *Individuals who use a translator will be allotted twice the amount of time. GETTING TO KNOW YOUR AGENDA Agenda Sections: CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote. Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items. PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda. PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. The hearing is closed, and the City Council may discuss and take action. ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input. CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law. Council Actions: RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective immediately. ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval. PROCLAMATIONS are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. 2021/08/24 City Council Post Agenda Page 2 of 346 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1.COVID-19 Update by the City of Chula Vista Emergency Services Manager Marlon King 12 4.2.Presentation of a Proclamation Commending Miss Kalea Pitel as Miss Chula Vista 2020 4.3.Presentation of a Proclamation Proclaiming Thursday, September 9, 2021 as San Diego Gives Day in the City of Chula Vista 5.CONSENT CALENDAR (Items 5.1 through 5.12) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. RECOMMENDED ACTION: Council approve the recommended action on the below consent calendar items. 5.1.Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2.Electronic Claim Filing: Amend Chula Vista Municipal Code Chapter 1.34 to Allow Claims to be Filed Electronically in Accordance with SB 1473 (Local Government Omnibus Act of 2020) 28 Report Number: 21-0110 Location: No specific geographic location Department: City Clerk Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt an ordinance amending Chula Vista Municipal Code chapter 1.34 to allow claims to be filed electronically and updating the delegate for rejecting, approving, compromising or settling claims to the City Manager or her designee (Second Reading and Adoption). 2021/08/24 City Council Post Agenda Page 3 of 346 5.3.Contract Amendment: Increase the 2020 Redistricting Commission Consultants Contracts for Outreach and Demographer Due to the Extended Timeline-Related U.S. Census Delays Caused by COVID-19 33 Report Number: 21-0138 Location: No specific geographic location Department: Administration & City Clerk Environmental Notice: Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution increasing the contract amount for National Demographics Corporation from $72,250 to $86,000 and Southwest Strategies from $50,000 to $86,750. 5.4.Grant Acceptance & Appropriation: Accept Grants to be Used for Costs Associated with Parks & Recreation Facilities and Programs 45 Report Number: 21-0127 Location: Norman Park Senior Center, 270 F Street; Valle Lindo Park, 545 Sequoia Dr Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3). RECOMMENDED ACTION: Adopt a resolution accepting grants from multiple sources in the amount of $13,000 to be used for costs associated with parks and recreation facilities and programs, and appropriating funds for that purpose (4/5 Vote Required). 5.5.Grant Acceptance: Accept Federal and State Funds for a Second Emergency Rental Assistance Program Award and Enter into a Contractor/Service Provider Agreement with SBCS Corporation for the Administration of the Program 48 Report Number: 21-0135 Location: No specific geographic location Department: Development Services Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060 (c) (3) no environmental review is required. Under NEPA, the activity qualifies for a Categorical Exclusion not subject to 24 CFR 50.19(b)(3), (11), and (12) of the Code of Federal Regulations. 2021/08/24 City Council Post Agenda Page 4 of 346 RECOMMENDED ACTION: Adopt resolutions: A) Authorizing the acceptance of an the American Rescue Plan Act of 2021 allocation from the United States Department of Treasury for an Emergency Rental and Utility Assistance Program and appropriating funds for that purpose (4/5 Vote Required); B) Authorizing participation in the State Rental Assistance Program-2, authorizing the City Manager or designee to execute a standard agreement with the State of California Department of Housing and Community Development (HCD) for the implementation of a State rental assistance program pursuant to the American Rescue Plan Act of 2021 and Assembly Bill AB 832 and appropriating funds for that purpose (4/5 Vote Required); and C) Waiving the competitive bidding requirements pursuant to Chula Vista Municipal Code Section 2.56.070(b)(3) and authorizing the City Manager or designee to enter into an Agreement with SBCS Corporation to provide an Emergency Rental and Utility Assistance Program funded by State and Federal American Rescue Plan Act of 2021 allocations. 5.6.Park Approval: Approve the Draft Park Master Plan for the Civic Park P-2 in Millenia and the Name “Montage Park” 75 Report Number: 21-0120 Location: Millenia Park P-2 located between Millenia Avenue and Montage Avenue Department: Development Services Environmental Notice: The Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) plan and Tentative Map. RECOMMENDED ACTION: Adopt a resolution approving the draft Master Plan for the 1.62-acre Civic Park P- 2 in Millenia and the name “Montage Park.” 5.7.Grant Acceptance: Accept a Grant for the Homeless Housing Assistance and Prevention Program, Appropriation of Said Grant, and Extend the Declaration of Shelter Crisis 103 Report Number: 21-0086 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. 2021/08/24 City Council Post Agenda Page 5 of 346 RECOMMENDED ACTION: Adopt resolution A) accepting $179,000 from the Regional Task Force on the Homeless for the Homeless Housing Assistance and Prevention Program Grant, and appropriating funds for that purpose (4/5 Vote Required), and B) extending the declaration of Shelter Crisis. 5.8.Chula Vista Bayfront: Approve the Bayfront Phase 1A Early Work Implementation and Right-of-Entry Agreement Between the City, the San Diego Unified Port District, the Chula Vista Bayfront Facilities Financing Authority, and RIDA Chula Vista, LLC 149 Report Number: 21-0137 Location: Parcel H-3 of the Chula Vista Bayfront Master Plan Area Department: Development Services Environmental Notice: The Director of Development Services has reviewed the proposed approvals for compliance with the California Environmental Quality Act (CEQA) and has determined that the activities involved with such approvals were covered in previously adopted Environmental Impact Report UPD#83356-EIR- 65B/SCH#2005081077, and the addendums thereto. The proposed City Council actions are merely a step-in furtherance of the original project for which environmental review was performed. No circumstances have arisen triggering any supplemental or subsequent CEQA analysis requirements. Accordingly, no further environmental review is required for this item. RECOMMENDED ACTION: Adopt a resolution approving the Chula Vista Bayfront Project Phase 1A Early Work Implementation and Right-of-Entry License Agreement by and among the San Diego Unified Port District, the City, the Chula Vista Bayfront Facilities Financing Authority, and RIDA Chula Vista, LLC. 5.9.Grant Acceptance and Appropriation: Accept Funds from the AARP 2021 Community Challenge Grant to Implement a “We Are Chula Vista” Cultural Arts Project, Featuring Older Adults on an Online Portal and Light Pole Banners 193 Report Number: 21-0134 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting grant funds in the amount of $11,038 from the AARP Community Challenge grant to implement goals in the respect, inclusion and social participation section of the Age-Friendly Action Plan, and appropriating funds for that purpose (4/5 vote required). 2021/08/24 City Council Post Agenda Page 6 of 346 5.10.Investment Report: Quarter Ending June 30, 2021 197 Report Number: 21-0131 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Accept the investment report for the quarter ending on June 30, 2021. 5.11.Measure P: Approve a Transfer of $1.6 Million from CIP DNR0219 to CIP GGV0237 in the Fiscal Year 2021/22 Measure P Fund for the Citywide Telecommunications Project 215 Report Number: 21-0139 Location: No Specific Geographic Location Department: Information and Technology Services Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving adjustments to the Fiscal Year 2021/22 Measure P Spending Plan and appropriating funds to Measure P Project GGV0237 Enterprise Phone System (4/5 vote required). 5.12.Contract Award: Approve License Agreement with Veritone to Provide a Software Application to Capture Stop Data as Mandated by the Racial and Identity Profiling Act (RIPA) 221 Report Number: 21-0142 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving a license agreement with Veritone to collect data for the Racial and Identity Profiling Act (RIPA). 2021/08/24 City Council Post Agenda Page 7 of 346 6.PUBLIC COMMENTS The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. 7.1.Action Plan Amendment: U.S. Department of Housing and Urban Development (HUD) Grants Annual Action Plan Amendment, Reallocating HOME and CDBG Funds to Different Projects 228 Report Number: 21-0133 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Conduct the public hearing and adopt a resolution approving an amendment to the 2020-2021 Annual Action Plan to reallocate available funding from the U.S. Department of Housing and Urban Development and appropriating funds for that purpose (4/5 Vote Required). 8.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. *8.1.Grant Acceptance: Accept Grant Funds from the U.S. Department of Health and Human Services, Authorize the City Manager to enter into Agreements and a MOU to Implement the "San Diego Advancing Minority Health Literacy Program", and Appropriate Grant Funds 234 Report Number: 21-0111 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. 2021/08/24 City Council Post Agenda Page 8 of 346 RECOMMENDED ACTION: Adopt a resolution: A) authorizing the acceptance of a $4,000,000 “Advancing Health Literacy (AHL) to Enhance Equitable Community Responses to COVID- 19” grant from the U.S. Department of Health and Human Services; B) authorizing the City Manager to negotiate and enter into agreements with University of California at San Diego and San Diego State University to implement the “San Diego Advancing Minority Health Literacy Program (SD- AMHLP)”; C) authorizing the City Manager to enter into a Memorandum of Understanding with participating jurisdictions and partners; and D) appropriating funds for these purposes (4/5 vote required). 8.2.Affordable Housing Financial Assistance: Consideration of Conditional Approval of a Residual Receipt Loan for the Development of a 200-unit Affordable Housing Development, Columba Apartments, in Otay Ranch Millenia 270 Report Number: 21-0136 Location: Northwest Corner of Solstice Avenue and Optima Street Chula Vista, California 91915 (Assessor Parcel Number 643-060-61-00) Department: Development Services Department Environmental Notice: The Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) - SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Due to the request for the City HOME Investment Partnership Act Entitlement funds from the U.S. Department of Housing and Urban Development, the City’s loan will be conditioned upon the completion of all required review under the National Environmental Protection Act. RECOMMENDED ACTION: Adopt a resolution conditionally approving financial assistance from the City’s Investment Partnership Act (HOME) Program in an amount not to exceed $2,000,000, and up to $1,000,000 from the Successor Housing Agency’s Low- and Moderate-Income Housing Fund to Chelsea Investment Corporation or an affiliated developer (Millenia II CIC, LP) for a new 200-unit affordable housing development known as Columba Apartments to be located in the Otay Ranch Millenia master planned community. 2021/08/24 City Council Post Agenda Page 9 of 346 *8.3.American Rescue Plan Approval: Accept Grant Funds, Add Positions to the General Fund and Appropriate Funds for that Purpose 297 Report Number: 21-0147 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt resolution A) accepting American Rescue Plan Act (ARPA) grant funds, appropriating $28.76 million in the ARPA fund of which $14 million will be appropriated from the ARPA account into various Governmental Funds (4/5 Vote Required); and B) increasing the authorized position counts in various departments with a net increase in authorized staffing of 10 positions to be funded from ARPA funds and staff time reimbursements from project funds. 9.CITY MANAGER’S REPORTS 10.MAYOR’S REPORTS 10.1.Ratification of Appointment of Rafael J. Torres to the Wildlife Advisory Group, Southeast Representative 339 11.COUNCILMEMBERS’ COMMENTS 12.CITY ATTORNEY'S REPORTS 13.CLOSED SESSION Announcements of actions taken in Closed Sessions shall be made available by noon on the next business day following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 13.1.Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: A) Evelia DiCiero v. City of Chula Vista, San Diego Superior Court, Case No. 37-2019-00058975--CU-PO-CT; and B) In Re National Prescription Opiate Litigation; United States District Court, Southern District of Ohio; Case No. 17-md-2804 2021/08/24 City Council Post Agenda Page 10 of 346 14.ADJOURNMENT to the regular City Council meeting on September 14, 2021 in the Council Chambers. NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP In accordance with California Government Code Section 66458(d), notice is hereby given that the City Engineer has reviewed and, immediately following this City Council meeting of August 24, 2021, will approve the following final map: City of Chula Vista Tract No. 19-0001, Otay Ranch Planning Area 12 Apartments – EY0801 Specifically, the City Engineer has caused the map to be examined and has made the following findings: The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. • The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. • The map is technically correct.• Said map will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer's action to City Council no later than 2:00 p.m., 10 calendar days from the date of this City Council meeting. A valid appeal must identify the improper/incorrect finding and the basis for such conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Boushra Salem, Principal Civil Engineer at (619) 409-5483, or at bsalem@chulavistaca.gov. 2021/08/24 City Council Post Agenda Page 11 of 346 COVID-19 Update 528 Days Since EOC Activation August 24, 2021 2021/08/24 City Council Post Agenda Page 12 of 346 By the Numbers 2021/08/24 City Council Post Agenda Page 13 of 346 Vaccination Comparison 2021/08/24 City Council Post Agenda Page 14 of 346 2021/08/24 City Council Post Agenda Page 15 of 346 2021/08/24 City Council Post Agenda Page 16 of 346 Cases, Deaths, Outbreaks 2021/08/24 City Council Post Agenda Page 17 of 346 2021/08/24 City Council Post Agenda Page 18 of 346 Community Transmission 2021/08/24 City Council Post Agenda Page 19 of 346 Chula Vista Case Rates 2021/08/24 City Council Post Agenda Page 20 of 346 Layers Are Effective 2021/08/24 City Council Post Agenda Page 21 of 346 Vaccines Available •Vaccines remain available •Visit myturn.ca.gov to schedule a vaccine appointment or find a walk-in clinic •Chula Vista Fire Department offers vaccines every Thursday, 1 -4pm at City Hall, Building C •“Booster” vaccines available for immunocompromised now •Available for general public beginning Sept. 20 2021/08/24 City Council Post Agenda Page 22 of 346 COVID-19 Vaccinations City of Chula Vista Employees August 24, 2021 2021/08/24 City Council Post Agenda Page 23 of 346 COVID-19 Vaccinations City of Chula Vista Employees August 24, 2021 Department % Vaccinated Administration 100% Mayor & Council 100% Information Technology Services 93% Library 91% Economic Development 88% Engineering 88% Human Resources 86% Public Works 82% City Attorney's Office 79% Development Services 79% City Clerk 71% Finance 77% Fire 76% Parks and Recreation 70% Police 68% CBAG 62% Animal Care 55% 2021/08/24 City Council Post Agenda Page 24 of 346 COVID-19 Vaccinations City of Chula Vista Employees August 24, 2021 2021/08/24 City Council Post Agenda Page 25 of 346 Masking Guidance •CDC recommends mask-wearing indoors for EVERYONE, regardless of vaccination status, in areas experiencing "high" or "substantial" COVID-19 transmission •Masks are required in all City buildings for unvaccinated individuals •Masks are recommended for all employees and guests at every City facility •Masks are required in all meeting rooms in City buildings 2021/08/24 City Council Post Agenda Page 26 of 346 Testing Available •Daily testing available for City employees •Public testing locations added to increase testing capacity and meet demand •1301 Oleander Ave., Chula Vista •Providing testing services for CVESD •City staff coordinating with the County and local partners to meet the needs of our community2021/08/24 City Council Post Agenda Page 27 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Electronic Claim Filing: Amend Chula Vista Municipal Code chapter 1.34 to Allow Claims to be Filed Electronically in Accordance with SB 1473 (Local Government Omnibus Act of 2020) Report Number: 21-0110 Location: No specific geographic location Department: City Clerk Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt an ordinance amending Chula Vista Municipal Code chapter 1.34 to allow claims to be filed electronically and updating the delegate for rejecting, approving, compromising or settling claims to the City Manager or her designee (Second Reading and Adoption). SUMMARY This Ordinance would allow for electronic submission of claims against the City that are filed under Chula Vista Municipal Code (CVMC) chapter 1.34. SB 1473 became effective on January 1, 2021 and requires that local public entities adopt a resolution or ordinance to authorize claims to be filed electronically. In addition, the Ordinance would change the delegate for rejecting, approving, compromising or settling claims from the Risk Manager to the City Manager or her designee. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in 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 required. 2021/08/24 City Council Post Agenda Page 28 of 346 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista began to accept claims online in 2020, as a result of the COVID-19 pandemic. Electronic filing has significant public benefit, offering convenience and streamlining of the claims process. SB 1473 was adopted and became effective January 1, 2021, requiring public agencies to adopt an ordinance or resolution to allow claims to be submitted electronically. This Ordinance would satisfy SB 1473’s requirement and would allow electronic submissions of claims starting January 1, 2021. As a clean-up matter, the Ordinance would also change the delegate for rejecting, approving, compromising or settling claims from the Risk Manager to the City Manager or her designee. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is none. ONGOING FISCAL IMPACT There is none. ATTACHMENTS None Staff Contact: Cristina Hernandez, City Clerk Analyst & Kerry K. Bigelow, MMC, City Clerk 2021/08/24 City Council Post Agenda Page 29 of 346 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISA MUNICIPAL CODE CHAPTER 1.34, “CLAIMS REQUIREMENTS AND PROCEDURES,” TO ALLOW FOR ELECTRONIC CLAIMS FILINGS AND CHANGE THE DELEGATE FOR CLAIMS HANDLING FROM RISK MANAGER TO CITY MANAGER OR HER DESIGNEE WHEREAS, under Chula Vista Municipal Code (CVMC) section 1.34.020 requires applicable claims be presented in writing and filed with City of Chula Vista; and WHEREAS, the COVID-19 pandemic created opportunity for electronic filings and the City of Chula Vista created an online form for claims to be submitted; and WHEREAS, Senate Bill 1473 codified a requirement for public agencies to adopt an ordinance or resolution allowing claims to be submitted electronically; and WHEREAS, staff determined that amendments are required to CVMC 1.34 in order to comply with allowing the submission of electronic claims per State of California regulations; and WHEREAS; this ordinance also amends language in CVMC 1.34.050 to change the City Councils designee from the Risk Manager to City Manager. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. The following sections in CVMC chapter 1.34, “Claims Requirements and Procedures,” are hereby amended as follows: 1.34.020 Claims Requirement. No suit shall be brought against the City unless a claim has been presented in writing or submitted electronically and filed with the City of Chula Vista and acted upon by the City. 1.34.050 Delegation. The functions of the City Council required to be performed in considering and rejecting, approving, compromising or settling claims provided for by this chapter are hereby delegated to and shall be performed by the City Manager or their designee. The Director of Finance may cause a warrant to be issued upon the City treasury in the amount for which any such claim has been allowed, compromised or settled by the City Manager or their designee, provided such amount does not exceed $50,000. 2021/08/24 City Council Post Agenda Page 30 of 346 Ordinance Page 2 Section II. Acceptance of Electronic Submissions. Council, by this action, accepts and allows electronic submission of claims starting on January 1, 2021. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Kerry K. Bigelow Glen R. Googins City Clerk City Attorney 2021/08/24 City Council Post Agenda Page 31 of 346 Revisions to Chula Vista Municipal Code chapter 1.34 1.34.020 Claims requirement. No suit shall be brought against the City unless a claim has been presented in writing or submitted electronically and filed with the City of Chula Vista and acted upon by the City. [Sections 1.34.030 and 1.34.040 remain unchanged] 1.34.050 Delegation. The functions of the City Council required to be performed in considering and rejecting, approving, compromising or settling claims provided for by this chapter are hereby delegated to and shall be performed by the Risk ManagerCity Manager or their designee. The Director of Finance may cause a warrant to be issued upon the City treasury in the amount for which any such claim has been allowed, compromised or settled by the Risk ManagerCity Manager or their designee, provided such amount does not exceed $50,000. [Section 1.34.060 remain unchanged] 2021/08/24 City Council Post Agenda Page 32 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Contract Amendment: Increase the 2020 Redistricting Commission Consultants Contracts for Outreach and Demographer Due to the Extended Timeline-Related U.S. Census Delays Caused by COVID-19 Report Number: 21-0138 Location: No specific geographic location Department: Administration & City Clerk Environmental Notice: Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution increasing the contract amount for National Demographics Corporation from $72,250 to $86,000 and Southwest Strategies from $50,000 to $86,750. SUMMARY Approval of the item will increase the contracts for consultants, National Demographics Corporation and Southwest Strategies, working with the 2020 Redistricting Commission and staff to ensure adequate outreach to keep the community involved and updated, increase the number of meetings that the consultants attend, and accommodate the compressed schedule to complete redistricting. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in 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 required. 2021/08/24 City Council Post Agenda Page 33 of 346 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION At its meeting of January 21, 2021, the Redistricting Commission adopted Resolution Nos. 2021 -001 and 2021-002 recommending the initial selection of National Demographics Corporation (NDC) for demographer services and Southwest Strategies, LLC for outreach services. DISCUSSION At the March 16, 2021 City Council meeting, the City Council unanimously approved the consultant services agreements for outreach and demographic consultants selected by City staff and the 2020 Redistricting Commission. The U.S. Census has announced several delays in delivering the population count and other data necessary for redistricting due to the COVID-19 pandemic, requiring the redistricting activities to be completed in a condensed timeframe. This has resulted in unanticipated impacts to the schedule, effort, and overall plan for Redistricting the City of Chula Vista, as well as the scope and volume of work in the original agreements with both consultants, National Demographics Corporation and Southwest Strategies, LLC. Increases to the contract amounts are required to ensure adequate outreach to keep the community involved and updated, increase the number of meetings that the consultants attend, and to accommodate the compressed schedule to complete redistricting. DEMOGRAPHER CONSULTANT SELECTION & SERVICES The proposed amendment to the agreement increases the maximum contract amount to $86,000. The additional funds will be used to have the consultants addend the increased number of public workshops planned. OUTREACH CONSULTANT SELECTION & SERVICES The proposed amendment to the agreement increases the maximum contract amount to $86,750 and adds additional community outreach and communication services to engage residents in the redistricting process, as well as attend more community meetings and workshops than were originally anticipated. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Funds for the recommended contract amendments, totaling $50,500, are available in the approved Fiscal Year 2021/22 budget for the Redistricting Commission. ONGOING FISCAL IMPACT There is none. ATTACHMENTS 2021/08/24 City Council Post Agenda Page 34 of 346 P a g e | 3 1. Proposed First Amendment to the National Demographics Corporation Agreement 2. Proposed First Amendment to the Southwest Strategies Agreement Staff Contact: Kerry Bigelow, City Clerk and Anne Steinberger, Marketing & Communications Manager 2021/08/24 City Council Post Agenda Page 35 of 346 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CONSULTANT SERVICES AGREEMENTS FOR REDISTRICTING DEMOGRAPHIC CONSULTANT SERVICES BETWEEN THE CITY AND NATIONAL DEMOGRAPHICS CORPORATION AND FOR REDISTRICTING OUTREACH CONSULTANT SERVICES BETWEEN THE CITY AND SOUTHWEST STRATEGIES, LLC WHEREAS, the Chula Vista 2020 Redistricting Commission was established pursuant to Charter section 300.5 and Municipal Code chapter 2.51; and WHEREAS, Charter Section 300.5(A)(3) provides that the Commission shall utilize “one or more, as necessary, independent consultants experienced and competent in the skills necessary for the districting work” to assist the Commission in developing the Districting Plans required by the Charter; and WHEREAS, at the City Council Meeting on March 16, 2021, the City Council adopted Resolution No. 2021-047 approving agreements with National Demographics Corporation for demographic consultant services and with Southwest Strategies for redistricting outreach services; and WHEREAS, the U.S. Census has announced several delays in delivering the population count and other data necessary for redistricting due to the COVID-19 pandemic, requiring the redistricting activities to be completed in a condensed timeframe; WHEREAS, the delay and condensed timeframe has resulted in unanticipated impacts to the schedule, effort, and overall plan for Redistricting the City of Chula Vista, as well as the scope and volume of work in the original agreements with both consultants; and WHEREAS, staff recommends increases to the agreement amounts to ensure adequate outreach to keep the community involved and updated, increase the number of meetings that the consultants attend, and to accommodate the compressed schedule to complete redistricting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the First Amendments to the Consultant Services Agreements between the City and National Demographics Corporation and between the City and Southwest Strategies, LLC, in the forms presented, with such minor modifications as may be required or approved by the City Attorney, copies of which shall be kept on file in the Office of the City Clerk. Presented by Approved as to form: Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2021/08/24 City Council Post Agenda Page 36 of 346 City of Chula Vista Amendment to Agreement No.: 2021-003A1 Consultant Name: National Demographic Corporation Rev. 5/27/2021 FIRST AMENDMENT to Agreement between the City of Chula Vista and National Demographic Corporation For Redistricting Demographic Consultant Services This FIRST AMENDMENT “Amendment” is entered into effective as of August 24, 2021 “Effective Date” by and between the City of Chula Vista (“City”) and National Demographic Corporation “Consultant” with reference to the following facts: RECITALS WHEREAS, City and Consultant previously entered into National Demographic Corporation - First Amendment.docx “Original Agreement” on March 16, 2021; and WHEREAS, City and Consultant desire to amend the Agreement to increase the maximum contract amount as more specifically set forth below; and WHEREAS, as a result of the delay in receipt of the final census data due to the COVID- 19 pandemic, additional community workshops are necessary to ensure adequate opportunities for public participation; and WHEREAS, the additional services necessary are already contemplated in the original agreement so no change in scope or compensation is necessary. NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A to the Agreement, Section 4, “Compensation,” is amended as follows: in the final paragraph, replace “$72,250.00” with “$86,000.00.” 2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 3. Each party represents that it has full right, power and authority to execute this First Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Amendment on the behalf of such party are duly authorized agents with authority to do so. DocuSign Envelope ID: C8F1C32C-38A1-44DD-8CF7-4BE3799D7A17 Reso No. 2021/08/24 City Council Post Agenda Page 37 of 346 City of Chula Vista Amendment to Agreement No.: 2021-003A1 Consultant Name: National Demographic Corporation Rev. 5/27/2021 SIGNATURE PAGE TO FIRST AMENDMENT TO NATIONAL DEMOGRAPHIC CORPORATION - FIRST AMENDMENT.DOCX NATIONAL DEMOGRAPHIC CORPORATION CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ DOUGLAS JOHNSON MARY CASILLAS SALAS PRESIDENT MAYOR ATTEST BY: _________________________________ KERRY K. BIGELOW, MMC CITY CLERK APPROVED AS TO FORM BY: _________________________________ GLEN R. GOOGINS CITY ATTORNEY DocuSign Envelope ID: C8F1C32C-38A1-44DD-8CF7-4BE3799D7A17 2021/08/24 City Council Post Agenda Page 38 of 346 City of Chula Vista Amendment to Agreement No.: 2021-006A1 Consultant Name: Southwest Strategies, LLC Rev. 5/27/2021 FIRST AMENDMENT to Agreement between the City of Chula Vista and Southwest Strategies, LLC For Public Outreach and Communications Services for 2021 Redistricting Effort This FIRST AMENDMENT “Amendment” is entered into effective as of August 24, 2021 “Effective Date” by and between the City of Chula Vista (“City”) and Southwest Strategies, LLC “Consultant” with reference to the following facts: RECITALS WHEREAS, City and Consultant previously entered into City of Chula Vista CONSULTANT Services Agreement with Southwest Strategies, LLC, to Provide Public Outreach and Communication Services for 2021 Redistricting Effort “Original Agreement” on March 16, 2021; and WHEREAS, City and Consultant desire to amend the Original Agreement to expand services to include additional public outreach and communications as more specifically set forth below; and WHEREAS, as a result of the delay in receipt of the final census data due to the COVID - 19 pandemic, additional community outreach is necessary to ensure adequate communications regarding redistricting matters. NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A to the Original Agreement is hereby amended and restated with the Amended and Restated Scope of Work and Payment Terms attached hereto and incorporated herein by this reference. 2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 3. Each party represents that it has full right, power and authority to execute this First Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Amendment on the behalf of such party are duly authorized agents with authority to do so. DocuSign Envelope ID: E4B42784-6B8E-4863-978D-BD1FC151FFBF Reso No. 2021/08/24 City Council Post Agenda Page 39 of 346 City of Chula Vista Amendment to Agreement No.: 2021-006A1 Consultant Name: Southwest Strategies, LLC Rev. 5/27/2021 SIGNATURE PAGE TO FIRST AMENDMENT TO CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH SOUTHWEST STRATEGIES, LLC, TO PROVIDE PUBLIC OUTREACH AND COMMUNICATION SERVICES FOR 2021 REDISTRICTING EFFORT SOUTHWEST STRATEGIES, LLC CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ CHRIS WAHL MARY CASILLAS SALAS PRESIDENT MAYOR ATTEST BY: _________________________________ KERRY K. BIGELOW, MMC CITY CLERK APPROVED AS TO FORM BY: _________________________________ GLEN R. GOOGINS CITY ATTORNEY DocuSign Envelope ID: E4B42784-6B8E-4863-978D-BD1FC151FFBF 2021/08/24 City Council Post Agenda Page 40 of 346 City of Chula Vista Amendment to Agreement No.: 2021-006A1 Consultant Name: Southwest Strategies, LLC Rev. 5/27/2021 EXHIBIT A AMENDED AND RESTATED SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Anne Steinberger 276 Fourth Ave, Chula Vista, CA 91910 619-409-5446 asteinberger@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.us B. Contractor/Service Provider Contract Administration: Southwest Strategies, LLC 401 B St, Suite 150, San Diego, CA 92101 858-541-7800 cwahl@swspr.com For Legal Notice Copy to: Pedro Anaya 401 B St, Suite 150 858-541-7800 panaya@swspr.com 2. Required Services A. General Description: Consultant will provide public outreach and communication services, writing and coordinating translation services, and meeting planning services for the 2020 Chula Vista Redistricting effort. B. Detailed Description: Consultant shall: 1. Become familiar with relevant provisions of the City's Charter and Municipal Code related to Chula Vista Redistricting process. DocuSign Envelope ID: E4B42784-6B8E-4863-978D-BD1FC151FFBF 2021/08/24 City Council Post Agenda Page 41 of 346 City of Chula Vista Amendment to Agreement No.: 2021-006A1 Consultant Name: Southwest Strategies, LLC Rev. 5/27/2021 2. Work with the Redistricting Commission, City staff and the demographer consultant in developing and implementing a Work Plan to promote broad-based public input by residents and targeted Chula Vista stakeholders in the development of various redistricting maps. The strategies should include how to reach stakeholders during COVID-19 Pandemic restrictions and limits on public gatherings. The stakeholders include, but are not limited to residents, education, business, social service, and/or non- profit agencies or organizations. 3. Coordinate, schedule, and attend up to five public outreach meetings/workshops in various areas of the City to educate and engage targeted stakeholders on the development of districting maps. These public outreach meetings/workshops may require innovative options for securing public input during COVID-19 pandemic restrictions and limits on public gatherings. 4. Attend or participate in community and other meetings or events to educate and inform participants about the 2020 Redistricting effort and promote opportunities for public input. 5. Coordinate translation services at public outreach meetings/workshops or other events, as requested. 6. Develop a variety of written materials which may include; fact sheet(s), advertising, web content, public meeting fliers, social media posts, press releases, newsletter articles, and other documents. The consultant also will coordinate translation of certain materials, as requested. 7. Assist the Redistricting Commission, City staff and mapping consultant in implementing an open and transparent process that promotes public consideration of, and comment on, the drawing of Council District boundaries. 8. Attend standing and special Redistricting Commission meetings as needed to assist in the implementation of the Work Plan and timeline for finalizing a recommended Redistricting Plan in compliance with all City and State deadlines 9. Following the initial phase, Phase I, outreach and set of workshops held in late July- early August 2021, the following work shall be performed for Phases II through IV: Phase II: Continued Engagement Pre-Receipt of Final Census Data (Anticipated August - September timeframe) - Follow up with Phase 1 participants - Develop supporting materials, to include How-to-documents/FAQ for online mapping resource - Coordinate translation - Address remaining City commissions - Provide PHASE I summary for Commission DocuSign Envelope ID: E4B42784-6B8E-4863-978D-BD1FC151FFBF 2021/08/24 City Council Post Agenda Page 42 of 346 City of Chula Vista Amendment to Agreement No.: 2021-006A1 Consultant Name: Southwest Strategies, LLC Rev. 5/27/2021 - Develop and distribute eblast to database - Continue to communicate with coalition - Develop organic and paid social media calendar - Support City media efforts - Develop public hearing flier Phase III: Promote and Support Public Hearings (Anticipated October – November timeframe) - Push information on hearings through database and coalition - Coordinate and purchase media buys - Support organic and paid social media posts - Distribute flier and information to public through partners - Attend and support public hearings Phase IV: Final Map Approval (Anticipated December timeframe): - Promote final redistricting map through coalition - Develop and coordinate press releases and media outreach - Prepare final report 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin March 16, 2021 and end on June 30, 2022. The City and Consultant acknowledge that the timing for Consultant's provision of services is dependent on the release of Federal Census data. That data is currently expected to be released by October 2021 and the parties will work together to determine Consultant's work schedule. Services are to be completed by June 30, 2022. However, the parties may extend that date on mutual agreement. The City's Marketing and Communications Manager is authorized to extend the contract term on behalf of the City, if necessary to allow for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Pedro Anaya $150/hour Patrick Batten $150/hour Anika Fisch $150/hour Joann Fields $150/hour Alexis Lopez $150/hour Sam Rivera $150/hour Susana Villegas $150/hour DocuSign Envelope ID: E4B42784-6B8E-4863-978D-BD1FC151FFBF 2021/08/24 City Council Post Agenda Page 43 of 346 City of Chula Vista Amendment to Agreement No.: 2021-006A1 Consultant Name: Southwest Strategies, LLC Rev. 5/27/2021 B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: - Mileage at the current IRS reimbursement rate (2021 rate: 56 cents/mile) - Reimbursement of direct costs for agreed-upon costs for advertising, including but not limited to local newspapers and publications, and Facebook and social media ads. City must pre-approve advertising purchases in writing. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2022, or the contract term end date if extended per section 3, above, whichever is later, shall not exceed $86,750. 5. Special Provisions: ☒ Permitted Sub-Contractor/Service Providers: Joann Fields, Susana Villegas DocuSign Envelope ID: E4B42784-6B8E-4863-978D-BD1FC151FFBF 2021/08/24 City Council Post Agenda Page 44 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Grant Acceptance & Appropriation: Accept Grants to be Used for Costs Associated with Parks & Recreation Facilities and Programs Report Number: 21-0127 Location: Norman Park Senior Center, 270 F Street; Valle Lindo Park, 545 Sequoia Dr Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3). Recommended Action Adopt a resolution accepting grants from multiple sources in the amount of $13,000 to be used for costs associated with parks and recreation facilities and programs, and appropriating funds for that purpose (4/5 Vote Required). SUMMARY Multiple grantors have made grants to the Community Services Department - Parks & Recreation to fund costs associated with the parks & recreation facilities and programs. Today’s action asks the City Council to accept and appropriate these funds. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Thus, no further environmental review is required BOARD/COMMISSION/COMMITTEE RECOMMENDATION 2021/08/24 City Council Post Agenda Page 45 of 346 P a g e | 2 Not Applicable DISCUSSION The San Diego Seniors Community Foundation granted $1,000 to support senior events at Norman Park Senior Center. The Health and Harmony Foundation granted $5,000 to provide iPads and internet training for seniors at Norman Park Senior Center. The U.S. Soccer Foundation granted $7,000 for enhancements to the mini pitch soccer arena at Valle Lindo Park. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Mayor Mary Casillas Salas has real property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. However, to the extent that any decision would have a reasonably foreseeable financial effect on the member’s real property, the effect would be nominal, inconsequential, or insignificant. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in an appropriation of $13,000 in grant funds from multiple grantors to the Community Services Department’s budget. There is no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT All funds from were issued for one time use to supplement costs of programs and activities. There is no on- going impact to the budget. ATTACHMENTS None. Staff Contact: Gil Contreras, Principal Recreation Manager 2021/08/24 City Council Post Agenda Page 46 of 346 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING MULTIPLE GRANTS IN A TOTAL AMOUNT OF $13,000 FOR COSTS ASSOCIATED WITH PARKS & RECREATION FACILITIES AND PROGRAMS AND AMENDING THE FY2020/2021 COMMUNITY SERVICES DEPARTMENT BUDGET TO APPROPRIATE THESE FUNDS WHEREAS, the City of Chula Vista Community Services Department received a grant in the amount of $1,000 from the San Diego Seniors Community Foundation to help support senior events at Norman Park Senior Center; and WHEREAS, the City of Chula Vista Community Services Department received a grant in the amount of $5,000 from the Health and Harmony Foundation to provide iPads and internet training for seniors at Norman Park Senior Center; and WHEREAS, the City of Chula Vista Community Services Department received a grant in the amount of $7,000 from the U.S. Soccer Foundation for enhancements to the mini pitch soccer arena at Valle Lindo Park; and WHEREAS, the Community Services Director has reviewed the above grants and determined that accepting the grants is in the City’s best interests and the benefits to be derived warrant acceptance of the grants; and WHEREAS, upon approval of this Resolution, all of the above granted funds will be appropriated to the Community Services Department’s FY2020/2021 budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby accepts $13,000 in grants from multiple grantors and appropriates the granted funds to the Community Services Department’s budget. Presented by Tracy Lamb Director, Community Services Approved as to form by Glen R. Googins City Attorney 2021/08/24 City Council Post Agenda Page 47 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Grant Acceptance: Accept Federal and State Funds for a Second Emergency Rental Assistance Program Award and Enter into a Contractor/Service Provider Agreement with SBCS Corporation for the Administration of the Program Report Number: 21-0135 Location: No specific geographical location. Department: Development Services Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060 (c) (3) no environmental review is required. Under NEPA, the activity qualifies for a Categorical Exclusion not subject to 24 CFR 50.19(b)(3), (11), and (12) of the Code of Federal Regulations. Recommended Action Adopt resolutions: A) Authorizing the acceptance of an the American Rescue Plan Act of 2021 allocation from the United States Department of Treasury for an Emergency Rental and Utility Assistance Program and appropriating funds for that purpose (4/5 Vote Required); B) Authorizing participation in the State Rental Assistance Program-2, authorizing the City Manager or designee to execute a standard agreement with the State of California Department of Housing and Community Development (HCD) for the implementation of a State rental assistance program pursuant to the American Rescue Plan Act of 2021 and Assembly Bill AB 832 and appropriating funds for that purpose (4/5 Vote Required); and C) Waiving the competitive bidding requirements pursuant to Chula Vista Municipal Code Section 2.56.070(b)(3) and authorizing the City Manager or designee to enter into an Agreement with SBCS Corporation to provide an Emergency Rental and Utility Assistance Program funded by State and Federal American Rescue Plan Act of 2021 allocations. SUMMARY On February 16, 2021 and July 27, 2021 City Council approved the allocation of funds for the City’s Emergency Rental and Utility Assistance Program (Resolutions 2021-033 and 2021-145 respectively) through the United States Department of Treasury’s Emergency Rental Assistance Program 1. In order to continue to assist renters impacted by the pandemic, the Treasury has approved a second round of funding, known as the Emergency Rental Assistance Program 2. 2021/08/24 City Council Post Agenda Page 48 of 346 P a g e | 2 This item seeks to accept an additional allocation of $17,531,669.66 towards the City’s Emergency Rental Assistance Program, waive the competitive bidding requirements pursuant to Chula Vista Municipal Code section 2.56.070(B)(3), and approve the City’s standard two-party agreement with an outside service provider, SBCS Corporation, formerly known as South Bay Community Services to administer the program. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activities for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). The proposed activities are not considered "Projects" as defined under Section 15378 of the State CEQA Guidelines because the action consist of a governmental funding mechanism or other government fiscal activity, is not site specific, and will not result in a direct or indirect physical change in the environment. Under National Environmental Policy Act (NEPA), tenant based rental assistance, is categorically excluded from any further review. Therefore, pursuant to Section15060(c)(3) of the State CEQA Guidelines, and NEPA Code of Federal Regulations at 50.19(b) (3), (11), and (12) these activities are not subject to CEQA or NEPA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On August 11, 2021, the Housing Advisory Commission was provided with an informational presentation. DISCUSSION The American Rescue Plan Act (“ARPA”) of 2021 was signed into law on March 11, 2021 and provides $21.6 billion nationally from the United States Department of Treasury (the “Treasury”) to help renters financially impacted by the pandemic, known as Emergency Rental Assistance Program 2 (“ERA2”). The Treasury is authorized to make payments directly to all states and certain eligible local governments to provide emergency rental assistance to eligible households. Local governments with a population that exceeds 200,000, inclusive of the City of Chula Vista, are entitled to a direct allocation. The City is eligible to receive a direct federal allocation of $9,931,566.40. Within San Diego County, other local governments receiving direct allocations include the County of San Diego on behalf of the Urban County and the 15 smaller cities ($58.2 million) and the City of San Diego ($54.5 million). The State of California (State) also received a direct allocation of $2 billion. With the passage of Assembly Bill 832(AB 832) on June 28, 2021, the City is also eligible to apply for an additional $7,600,103.26 from the State for the implementation of a State Rental Assistance Program-2 (“SRA2”). Leveraging the City’s direct allocation from Treasury, along with the State funds, the available assistance increases to approximately $17,531,669.66 for households in Chula Vista to avoid further economic hardship, including risk of becoming homeless. Funds are available to eligible low-income households (those earning less than 80 percent of the area median income [“AMI”]), with priority given to very low-income households (those earning less than 50 percent AMI) or those experiencing unemployment in the last ninety days. Funds can be applied to rent and utility payments, including arrears, for up to a maximum of 18 months of total assistance, as more fully describe d below for both funding sources. 2021/08/24 City Council Post Agenda Page 49 of 346 P a g e | 3 Federal Emergency Rental Assistance (ERA2) To receive ERA2 funding, staff submitted the required application and ERA2 certification form to the Treasury on May 5, 2021 (Attachment 1). On May 11, 2021, the City of Chula Vista was notified of its successful application and its award of $9,931,566.40. The following provides a summary of the ERA2 guidelines, applicable to both the City and State funds: Eligible Households must meet all the following criteria:  Low-income renters, households earning less than 80 percent of the Area Median Income (AMI), with priority for the following: o Very Low-Income Households earning less than 50 percent of the AMI; or o Households where at least one household member is receiving unemployment insurance and has been unemployed for 90-days. San Diego County Income Limits Effective April 1, 2021 Household Size 1 2 3 4 5 6 Low-Income (80% AMI) $ 67,900 $ 77,600 $ 87,300 $ 97,000 $ 104,800 $ 112,550 Very Low-Income (50% AMI) Priority $ 42,450 $ 48,500 $ 54,550 $ 60,600 $ 65,450 $ 70,300 Income determination is based on the household’s total income in 2020 or the monthly income the household is receiving at the time of application. If the income determination is made based on the applicant’s monthly income. A redetermination of eligibility is required after 3 months.  Experiencing a financial hardship due to the pandemic (one or more individuals in the household), by showing: o Qualified for unemployment benefits or can attest in writing that he or she has experienced a reduction in household income; or o Incurred significant costs, or experienced other financial hardship due, directly or indirectly, to the pandemic.  Demonstrated risk of experiencing homelessness or housing instability. Funding Assistance can be made available for the following based on guidance from the US Treasury:  Assistance will be limited to rental units, including apartments, mobilehomes and single-family homes, within the City of Chula Vista.  Rental arrears from April 2020 to the present.  Future rent payments, up to three months at a time.  A maximum of 18 months of total rental assistance (arrears and future payments), includes any assistance received under ERA1.  Assistance is generally paid directly to the participating landlord or utility company, benefitting the tenant and the landlord. State Rental Assistance Program 2 (SRA2) The SRA2 Round 2 Block Grant Award is subject to state and federal requirements, including, without limitation, the requirements of AB 832 and the Department’s guidelines, the relevant requirements of ARPA 2021/08/24 City Council Post Agenda Page 50 of 346 P a g e | 4 and the Treasury’s interpretive guidance, and all such requirements as may be subsequently amended (collectively, the “Round 2 Block Grant Award Requirements”) (Attachment 2). Similar to prior funds, the City would authorize the City Manager to enter into the State’s Standard Agreement for the implementation of the SRA2 – Option B pursuant to AB 832. This allows the City to leverage the additional $7,600,103.26 available through SRA2, maximizing the households assisted, while maintaining direct oversight of the program. State Conforming Program requirements mirror the federal ERA2 requirements above with key differences outlined below: Eligible Households must be grouped and prioritized in the order below to implement the federal priorities for very low-income households and unemployed persons: Priority 1 Rental and Utility Arrears for households with income below 50% AMI or with at least one household member who has been unemployed for 90 days. Priority 2 Rental and Utility Arrears for households earning more than 50.1% AMI but less than 80% of the Area Median Income. Priority 3 Households earning less than 80% of the Area Median Income and not address by priority groups 1&2 above and do not request rental and utility arrears (e.g. future rent only). Funding Assistance prioritizes payment of arrears to maintain persons in housing with limited funding available for future rent and utility payments, as allowed by AB 832:  Arrears from April 2020 through determination of eligibility (covered period) to be paid at 100% of unpaid rent;  Residents may receive 100% of unpaid rent for the covered period if landlords/property owners are unwilling to participate; and  Future assistance (three months at a time). Commitment and Expenditure Deadlines Beginning on March 31, 2022, the Treasury Secretary shall recapture excess funds, as determined by the Secretary, not obligated for the eligible purposes, with all ERA funds expended by September 30, 2025, unless extended by Congress. In accordance with the ERA regulations, the City must obligate at least 50 percent of its federal ERA or $4,965,784 by March 31, 2022. Under the SRA2, the obligation deadline may be earlier to allow any unspent funds to be reallocated by the State to other California jurisdictions with a high demand for funding before Treasury seeks to recapture the SRA2 funds before the March 31, 2022 deadline. Any unspent funds at program end will be reverted back to the Treasury. Program Administration Given the significant allocation received, expenditure deadlines, and limited City staffing, the City will partner with SBCS Corporation (SBCS) to assist in implementing the ERA2 and SRA2 program. With their own respective Housing Authorities currently administering federal rental assistance programs (e.g. Section 8 rental assistance), the City of San Diego and County of San Diego will be administering their own ERA. Given SBCS success in assisting the City with prior allocations, staff is recommending that the City provide a direct grant to SBCS, as a current City Subrecipient administering the City’s Emergency Rental Assistance Program (ERAP), of $17,250,340.61 for both rent and utility assistance. This will provide assistance to Chula 2021/08/24 City Council Post Agenda Page 51 of 346 P a g e | 5 Vista low-income renters, as quickly as possible, and represents the most efficient path to meeting the required timelines. The balance of the available ERA2and SRA2 funds may be allocated as follows: ERA2 ACTIVITIES AMOUNT ($) SBCS direct assistance (ERA2 and SRA2) $15,000,296.18 SBCS ERAP contract administration, case managers, compliance/quality control staff, outreach, software maintenance costs, and marketing $2,250,044.43 City of Chula Vista oversight, compliance, administrative costs, and reporting to State and Federal Agencies $281,329.05 TOTAL $17,531,669.66 Conclusion With residents facing layoffs and reduced work hours due to COVID-19 and the global pandemic, the deployment of these Treasury funds will have a direct impact in assisting affected residents with basic living expenses such as housing and provide housing stability during a public health crisis. Staff recommends that the City Council accept Option B from the State, appropriate the administrative funds in the current fiscal year, approve the Standard Agreement with the State, and enter into a Subrecipient Agreement with SBCS. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Councilmember McCann may, however, have a conflict of interest given his ownership interest in re ntal property and property management business. Otherwise, Staff is not independently aware, and has not been informed by any other City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of Resolution A and B will accept an ERA2-ARPA Award of $9,931,567 from the Treasury and SRA- 2 award of $7,600,103.26 from the State and authorize an appropriation of said funds to the CRF008 ARP-21 Fed Emergency Rental Assistance ERA” and CRF0010 “ARP-21 State Emergency Rental Assistance ERA Fund in fiscal year 2021-2022 budget. This funding will completely offset the project costs resulting in no net fiscal impact to the Housing Authority Fund. There is no fiscal year impact to the General Fund as a result of this action. All costs associated with the preparation of the staff report and administration of ERA2 and SRA2 are eligible uses of the grant funds. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City’s General Fund or the Housing Authority Fund, as all costs associated with the administration of ERA programs are covered by the respective grants. 2021/08/24 City Council Post Agenda Page 52 of 346 P a g e | 6 ATTACHMENTS 1. ERA2 Federal Grant Conditions 2. SRA2 State Grant Conditions 3. Disclosure Form Staff Contact: Tiffany Allen, Director of Development Services Jose Dorado, Senior Management Analyst 2021/08/24 City Council Post Agenda Page 53 of 346 2021/08/24 City Council Post Agenda Page 54 of 346 2021/08/24 City Council Post Agenda Page 55 of 346 2021/08/24 City Council Post Agenda Page 56 of 346 2021/08/24 City Council Post Agenda Page 57 of 346 City of Chula Vista 20-ERAP-00028 Page 1 of 7 EXHIBIT F State Rental Assistance Program Locality Allocation-Locality Administration (Option B) Locality: City of Chula Vista Approved: 7-19-21 Prep Date: 7/20/21 SPECIAL TERMS AND CONDITIONS 1. Amended Program Requirements. The Program Requirements, which are defined at Paragraph 1 of Exhibit A, are hereby amended to include Assembly Bill 832 (Chapter 27, Statutes of 2021) (as amended, the “Amended Program Requirements”). Locality acknowledges and agrees that the Amended Program Requirements include revised expenditure deadlines and administration requirements, and that all boilerplate references to expenditure deadlines and administration requirements in this Agreement are updated accordingly. 2. Amended Block Grant Award Requirements. The Block Grant Award Requirements, which are defined at Paragraph 2 of Exhibit A, are hereby amended to include Assembly Bill 832 (Chapter 27, Statutes of 2021) (as amended, the “Amended Block Grant Award Requirements”). Locality acknowledges and agrees that the Amended Block Grant Requirements include revised expenditure deadlines and administration requirements, and that all boilerplate references to expenditure deadlines and administration requirements in this Agreement are updated accordingly. 3. Work Plan Modifications. This Exhibit F identifies the Work Plan modifications that are necessary to maintain compliance with the Amended Program Requirements and the Amended Block Grant Award Requirements (such modifications, the “Work Plan Modifications”). 4. Locality’s Acknowledgement and Incorporation by Reference of Work Plan Modifications. Locality hereby acknowledges and agrees that its Work Plan, which is set forth at Exhibit E of this Agreement, incorporates by reference each of the Work Plan Modifications set forth at Paragraph 5 below. Locality shall revise and clarify its Work Plan, as necessary, if the newly incorporated Work Plan Modifications create any ambiguity as to the operative provisions of the Locality’s Work Plan, or as to Locality’s obligations in administering the Block Grant Award. 2021/08/24 City Council Post Agenda Page 58 of 346 City of Chula Vista 20-ERAP-00028 Page 2 of 7 EXHIBIT F State Rental Assistance Program Locality Allocation-Locality Administration (Option B) Locality: City of Chula Vista Approved: 7-19-21 Prep Date: 7/20/21 5. Summary of Work Plan Modifications. The Work Plan Modifications are summarized below. Locality shall independently review the legal requirements of Assembly Bill 832 and ensure that its Work Plan and its administration of the Block Grant Award remain in compliance with state law. Work Plan Modifications Statutory Authority 1 Locality shall eliminate the requirement that a landlord must accept 80 percent and forgive the remaining 20 percent of a tenant’s rental debt as a condition of receiving assistance. (Health & Saf. Code, § 50897.1, subd. (d)(1).) 2 Assistance for rental arrears shall be set at compensation of 100 percent of an eligible household’s unpaid rental debt accumulated on or after April 1, 2020. Acceptance of the payment shall be conditioned on the landlord’s agreement to accept the payment as payment in full of the rental debt owed by any tenant within the eligible household, and to release any and all claims for nonpayment of rental debt owed for the specified time period. (Health & Saf. Code, § 50897.1, subd. (d)(1), (2).) 3 A member of an eligible household may directly apply for rental arrears assistance from the Locality (i.e., when the landlord does not participate). Assistance for rental arrears shall be set at compensation of 100 percent of the eligible household’s unpaid rental debt accumulated on or after April 1, 2020. (Health & Saf. Code, § 50897.1, subds. (e)(1) & (h)(2)(B)(ii).) 4 When rental assistance payments are provided directly to an eligible household, the Locality shall provide notification to the household that, upon receipt of assistance, the household shall provide the full amount of rental arrears to the landlord within 15 days, excluding Saturdays, Sundays, and judicial holidays. (Health & Saf. Code, § 50897.1, subd. (e)(2)(A).) 2021/08/24 City Council Post Agenda Page 59 of 346 City of Chula Vista 20-ERAP-00028 Page 3 of 7 EXHIBIT F State Rental Assistance Program Locality Allocation-Locality Administration (Option B) Locality: City of Chula Vista Approved: 7-19-21 Prep Date: 7/20/21 Work Plan Modifications Statutory Authority 5 When rental assistance payments are provided directly to an eligible household, the Locality shall require that a member of the eligible household attest under penalty of perjury that the household will comply with the requirements outlined in #4 above (i.e., provide the full amount of rental arrears to the landlord within 15 days of receiving assistance). (Health & Saf. Code, § 50897.1, subd. (e)(2)(C).) 6 Locality shall provide additional assistance to previous recipients so that total assistance provided is equivalent to 100 percent of an eligible household’s rental arrears or prospective rent for the period originally requested, as applicable (i.e., adjust previously approved or paid applications consistent with #2 and #3 above). (Health & Saf. Code, § 50897.1, subd. (p)(1).) 7 Locality shall establish a mechanism to ensure that eligible households that no longer occupy the residential unit in connection with the rental assistance request, and that have demonstrated rental arrears, shall be eligible for assistance (i.e., allow rental assistance payments to households to address rent debt in situations where a tenant no longer occupies the residential unit). Locality may exercise discretion within the limitations of federal law and guidance to establish eligibility and documentation requirements for households no longer occupying the unit in question to ensure funds administered are deployed effectively. (Health & Saf. Code, § 50897.1, subd. (h)(2).) 2021/08/24 City Council Post Agenda Page 60 of 346 City of Chula Vista 20-ERAP-00028 Page 4 of 7 EXHIBIT F State Rental Assistance Program Locality Allocation-Locality Administration (Option B) Locality: City of Chula Vista Approved: 7-19-21 Prep Date: 7/20/21 Work Plan Modifications Statutory Authority 8 When a landlord or tenant submits a completed application, the Locality shall provide notification to the respective parties included in the application. (Health & Saf. Code, § 50897.1, subds. (g)(1) & (r)(2).) 9 Upon approval of payment for a landlord or tenant application, as applicable, the Locality shall provide notification to the respective parties included in the application. The notification shall include the total amount of assistance paid and the time period for which assistance was provided, as applicable. (Health & Saf. Code, § 50897.1, subds. (g)(2) & (r)(3).) 10 Funds used to provide assistance for prospective rent payments for an eligible household shall be set at 100 percent of the eligible household’s monthly rent. (This is subject to Department guidance.) (Health & Saf. Code, § 50897.1, subd. (f).) 11 The Locality that receives block grant funds shall contractually obligate at least 65 percent of those funds by August 1, 2021. Should Locality fail to contractually obligate the minimum amount of those funds by the August 1, 2021 deadline, the Locality shall repay to the Department any unused amount of block grant funds allocated to it not contractually obligated or expended. The Department may waive the requirement to repay funds if the Locality demonstrates, to the satisfaction of the Department, that it will contractually obligate and expend any unused block grant funds allocated to it within the timeframes specified in federal law. (Health & Saf. Code, § 50897.2, subds. (c)(2) & (d)(1)(A), (B).) 2021/08/24 City Council Post Agenda Page 61 of 346 City of Chula Vista 20-ERAP-00028 Page 5 of 7 EXHIBIT F State Rental Assistance Program Locality Allocation-Locality Administration (Option B) Locality: City of Chula Vista Approved: 7-19-21 Prep Date: 7/20/21 Work Plan Modifications Statutory Authority 12 Locality shall, by no later than September 15, 2021, develop mechanisms, including, but not limited to, telephone or online access, through which landlords, tenants, and the court may do both of the following: 1. Verify the status of an application for rental assistance based upon the property address and a unique application number. 2. Obtain copies of any determination on an application for rental assistance. The determination shall indicate all of the following: a. The name of the tenant that is the subject of the application. b. The address of the property that is the subject of the application. c. Whether the application has been approved or denied. d. If the application has been approved, then the amount of the payment that has been approved and the period and type of rental debt to which the amount corresponds. e. If the application has been denied, the reason for the denial, which shall be any of the following: i. The tenant is ineligible for government rental assistance. Code of Civil Procedure section 1179.12 2021/08/24 City Council Post Agenda Page 62 of 346 City of Chula Vista 20-ERAP-00028 Page 6 of 7 EXHIBIT F State Rental Assistance Program Locality Allocation-Locality Administration (Option B) Locality: City of Chula Vista Approved: 7-19-21 Prep Date: 7/20/21 Work Plan Modifications Statutory Authority ii. The government rental assistance program no longer has sufficient funds to approve the application. iii. The application remained incomplete for 15 days, excluding Saturdays, Sundays, and other judicial holidays, after it was initially submitted because of failure on the part of the tenant to provide required information. A governmental rental assistance program that does not comply with these requirements shall be deemed ineligible to receive further block grant allocations pursuant to Section 50897.2 of, or 50897.2.1 of, the Health and Safety Code. It shall be unlawful to access or use any of the foregoing information for any purpose other than to determine the status of an application for assistance. 2021/08/24 City Council Post Agenda Page 63 of 346 City of Chula Vista 20-ERAP-00028 Page 7 of 7 EXHIBIT F State Rental Assistance Program Locality Allocation-Locality Administration (Option B) Locality: City of Chula Vista Approved: 7-19-21 Prep Date: 7/20/21 Work Plan Modifications Statutory Authority 13 Locality shall acknowledge other AB 832 changes to tenant protections (including the corresponding adjustments to the judicial process, and the preemption of local city and county non-payment eviction ordinances through March 31, 2022), and the continued policy of prohibiting changes to local non-payment eviction rules after August 19, 2020. Assembly Bill 832 (Chapter 27, Statutes of 2021) 2021/08/24 City Council Post Agenda Page 64 of 346 2021/08/24 City Council Post Agenda Page 65 of 346 2021/08/24 City Council Post Agenda Page 66 of 346 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN ACCEPTANCE OF AN ALLOCATION FROM THE AMERICAN RESCUE PLAN ACT OF 2021 FROM THE UNITED STATES DEPARTMENT OF TREASURY FOR AN EMERGENCY RENTAL ASSISTANCE PROGRAM (ERA2) AND APPROPRIATING FUNDS FOR THAT PURPOSE (4/5 VOTE REQUIRED) WHEREAS, in January 2020, as a result of the COVID -19 virus, the World Health Organization (“WHO”) declared a Public Health Emergency of International Concern and the United States Secretary of Health and Human Services declared a Public Health Emergency; and WHEREAS, various states of emergency were declared by the United States (March 13, 2020), the State of California (March 4, 2020), the County of San Diego (February 19, 2020) and the City of Chula Vista (March 17, 2020 pursuant to City Council Resolution No. 2020 -065) because of the threat to public safety (to persons and property including both physical and economic harm) as result of the COVID-19 virus; and WHEREAS, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Diego County Department of Public Health have all issued recommendations and orders, including, but not limited to, social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus that continues to the present; and WHEREAS, the economic impact and financial hardship faced by low-income households as a result of COVID-19 has affected their ability to pay for housing and basic needs, placing them at risk of homelessness during this period where it is critical to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19; and WHEREAS, on March 11, 2021, the President of the United States signed into law the American Rescue Plan Act of 2021 (the “Act”), more commonly known as the HR-1319, which authorizes $21.6 billion in emergency rental relief, including $2.5 billion targeted to the highest- need areas, where job loss and high market costs have made it especially difficult for low-income rents; and WHEREAS, On May 7, 2021, the U.S. Department of the Treasury (“Treasury”) launched the Emergency Rental Assistance Program (“ERAP”) established by the American Rescue Plan Act of 2021; and WHEREAS, the ERAP assists low-income households that are unable to pay rent and utilities due to the COVID-19 pandemic; and 2021/08/24 City Council Post Agenda Page 67 of 346 Resolution No. Page 2 WHEREAS, the City of Chula Vista submitted an application to Treasury and the application was successful resulting in a direct allocation from Treasury in the amount of $9,931,566.40; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it (i) authorizes the acceptance of the American Rescue Plan Act of 2021 funding for an Emergency Rental Assistance Program 2 (ERA2) from the U.S. Department of Treasury; (ii) acknowledges and ratifies the submission of the terms and use of funds by the City Manager; and (iii) authorizes the appropriation of such funds in the City’s Housing Authority Fund in fiscal year 2021/2022 with expenditures made in accordance with the U.S. Treasury Department’s funding requirements (presented as Attachment 1 to the staff report for this item), subject to modifications that may be necessary or appropriate to assure expenditure of all available funds in a qualified and timely manner. Presented by Approved as to form by Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 68 of 346 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING PARTICIPATION IN THE STATE RENTAL ASSISTANCE PROGRAM-2, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A STANDARD AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR THE IMPLEMENTATION OF A STATE RENTAL ASSISTANCE PROGRAM PURSUANT TO AMERICAN RESCUE PLAN ACT OF 2021 AND ASSEMBLY BILL 832, AND APPROPRIATING FUNDS FOR THAT PURPOSE WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 (Pub.L. No. 117- 2) (“ARPA) was signed into law. Section 3201 of ARPA established the federal Emergency Rental Assistance Program 2 (“ERA2”), authorized the direct allocation of emergency rental assistance funds to states, the District of Columbia, units of local government, and territories. The ERA2 funds are intended to assist low-income households that have experienced financial hardship due to the COVID-19 pandemic, are unable to pay for rent and utilities, and are at risk of experiencing homelessness or housing stability; and WHEREAS, California Assembly Bill No. 832 (2021-2022 Reg. Sess.) (“AB 832”) established the State of California’s program for administering its share of ERA2 funds (the “SRA2,” “State Rental Assistance Program – 2,” or “SRA2 Funds”). AB 832 amended Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code. Health and Safety Code section 50897.1, subdivision (a)(1) authorizes the Department of Housing and Community Development (the “Department”) to administer the SRA2 Funds in accordance with state and federal law; and WHEREAS, the City accepted the SERAP (now also referred to as “SRA2”) as a block grant (Option B) in the initial amount of $7,600,103.26 and not to exceed $22,000,000 should additional funding become available; and WHEREAS, On or about May 11, 2021, the City of Chula Vista, (“Locality”) received an allocation of ERA2 funds from the U.S. Department of the Treasury (“Treasury”) in the amount of $9,931,566.40 (such amount, the Locality’s “Direct ERA2 Allocation”).WHEREAS, Locality plans to administer its Direct ERA2 Allocation, and acknowledges that the Direct ERA2 Allocation is subject to the requirements of ARPA and the Treasury’s interpretive guidance, and to all such requirements as may be subsequently amended; and WHEREAS, Locality desires to receive an allocation of SRA2 Funds pursuant to Health and Safety Code section 50897.2.1, subdivision (a)(1) or (2) (such allocation, a “Round 2 Block Grant 2021/08/24 City Council Post Agenda Page 69 of 346 Resolution No. Page 2 Award”). Locality submitted its request for a Round 2 Block Grant Award to the Department in accordance with Health and Safety Code section 50897.2.1, subdivision (c)(1): and WHEREAS, Locality acknowledges that every Round 2 Block Grant Award is subject to state and federal requirements, including, without limitation, the requirements of AB 832 and the Department’s guidelines, the relevant requirements of ARPA and the Treasury’s interpretive guidance, and all such requirements as may be subsequently amended (collectively, the “Round 2 Block Grant Award Requirements”); and WHEREAS, Locality further acknowledges that every Round 2 Block Grant Award is subject to the terms and conditions of a Department-approved STD 213, Standard Agreement (“Standard Agreement”), all other documents required or deemed necessary or appropriate UNDER STATE OR FEDERAL LAW to allocate the Round 2 Block Grant Award, and all amendments thereto (collectively, the “Round 2 Block Grant Award Documents”). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista (Locality) that: (1) Locality is hereby authorized and directed to accept a Round 2 Block Grant Award in the total amount not to exceed $7,600,103.26. (2) Locality is hereby authorized and directed to enter into, execute, and deliver the Round 2 Block Grant Award Documents, which shall include a Standard Agreement in a total amount not to exceed $7,600,103.26. (3) Locality is hereby authorized and directed to assume responsibility for administering the Round 2 Block Grant Award in accordance with all Round 2 Block Grant Award Requirements. (4) Maria Kachadoorian, City Manager, or her designee is authorized to execute the Round 2 Block Grant Award Documents on behalf of the Locality for participation in the State Rental Assistance Program-2. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it further reaffirms and ratifies Resolution 2021-145. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it further that the not to exceed amount for Round 1 is $9,662,343.90 and the not to exceed amount for Round 2 is $7,600103.26. 2021/08/24 City Council Post Agenda Page 70 of 346 Resolution No. Page 3 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it further authorizes the appropriation of such funds in the City’s Housing Authority Fund in fiscal year 2021/2022 with expenditures made in accordance with the U.S. Treasury Department’s ARPA and State Round 2 Block Grant Award requirements. Presented by Approved as to form by Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 71 of 346 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO CHULA VISTA MUNICIPAL CODE SECTION 2.56.070(B)(3) AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO AN AGREEMENT WITH SBCS CORPORATION TO PROVIDE AN EMERGENCY RENTAL AND UTILITY ASSISTANCE PROGRAM FUNDED BY STATE AND FEDERAL AMERICAN RESCUE PLAN ACT OF 2021 ALLOCATIONS WHEREAS, in January 2020, as a result of the COVID -19 virus, the World Health Organization (“WHO”) declared a Public Health Emergency of International Concern and the United States Secretary of Health and Human Services declared a Public Health Emergency; and WHEREAS, various states of emergency were declared by the United States (March 13, 2020), the State of California (March 4, 2020), the County of San Diego (February 19, 2020) and the City of Chula Vista (March 17, 2020 pursuant to City Council Resolution No. 2020 -065) because of the threat to public safety (to persons and property including both physical and economic harm) as result of the COVID-19 virus; and WHEREAS, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Diego County Department of Public Health have all issued recommendations and orders, including, but not limited to, social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus that continues to the present; and WHEREAS, the economic impact and financial hardship faced by low-income households as a result of COVID-19 pandemic has affected their ability to pay for housing and basic needs, placing them at risk of homelessness during this period where it is critical to self-quarantine, self- isolate, or otherwise remain in their homes to reduce the transmission of COVID-19; and WHEREAS, on March 11, 2021, the President of the United States signed into law the American Rescue Plan Act of 2021 (the “Act”, more commonly known as “ARPA”), which authorized $21.6M in emergency rental relief; and WHEREAS, Section 3201 of ARPA established the federal Emergency Rental Assistance Program (“ERA2”) and authorized the direct allocation of emergency rental assistance funds to units of local government; and 2021/08/24 City Council Post Agenda Page 72 of 346 Resolution No. Page 2 WHEREAS, ERA2 funds are intended to assist low-income households that have experienced a financial hardship due to the COVID-19 pandemic, are unable to pay for rent and utilities, and are at risk of experiencing homelessness or housing stability; and WHEREAS, ERA2 sets aside an additional $2.5 billion for eligible grantees with a high need for ERA2 assistance, based on the number of very low -income renter households paying more than 50 percent of income on rent or living in substandard or overcrowded conditions, rental market costs, and change in employment since February 2020; and WHEREAS, the City of Chula Vista received a direct ERA2 allocation from the U.S. Treasury Department (“US Treasury”) in the amount of $9,931,566.40 ($6,457,515.40 initial allocation and a high need allocation of 3,474,051.00); and WHEREAS, ARPA provided $2.2 billion to the State of California from the US Treasury; and WHEREAS, on June 28, 2021, the State of California passed Assembly Bill (“AB”) 832 that approved the State Rental Assistance Program-2 (“SRA2”) that allows Cities and County’s with populations over 200,000 to opt into one of three program models using its direct allocation form the US Treasury; and WHEREAS, by accepting SRA2 as a block grant (Option B) in the amount of $7,600,103.26, the City shall take on the responsibilities included in AB 832 and Health and Safety Code Sections 50897.2.1 and 50897.3.1; and WHEREAS, the City will contract with a Subrecipient, SBCS Corporation, to assist with the expenditure of a portion of the U.S. Treasury Department Emergency Rental Assistance Funding and State of California Rental Assistance Program (ERA2 and SRA2) funds will be allocated to assist low-income residents affected by the COVID-19 Pandemic, as follows: Agency Program Funding Source Total Allocation SBCS Corporation Emergency Rental Assistance Program U.S Treasury ERA2 $9,708,106.16 SBCS Corporation Emergency Rental Assistance Program State HCD SRA2 $7,542,234.45 Total $17,250,340.61 2021/08/24 City Council Post Agenda Page 73 of 346 Resolution No. Page 3 WHEREAS, in order for an outside agency to receive and operate a grant funded activity, they must formally enter into a Subrecipient agreement with the City of Chula Vista in order to formalize and specify the requirements and conditions under which the U.S. Treasury Direct Allocation and State Block Grant Allocation funds are being provided to the outside agency; and WHEREAS, staff intends to utilize City’s standard template, the City of Chula Vista Contractor/Service Provider Services Agreement, to contract with the outside service providers; and WHEREAS, City Council finds: (1) that the use of the competitive bidding process set forth in Chula Vista Municipal Code (CVMC) Section 2.56.070 is impractical and that the City’s best interests would be better served by waiving said bidding requirements, particularly given the strict time lines required by the state and federal governments to encumber and expend said funds and the urgent need for said funds by the citizens of Chula Vista (2) and that SBCS is uniquely qualified to meet the state and federal grant obligations, including, but not limited to, that SBCS has a long history of partnering with the City to administer rental assistance programs and complying with attendant state and federal regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista (1) that it, based upon the above findings, that it hereby waives the competitive bid requirements set forth in Chula Vista Municipal Code section 2.56.070 and SBCS is awarded the contract on a “sole source” basis under the authority of Chula Vista Municipal Code section 2.56.070(B)(3) and (2) that it authorizes the City Manager to enter into a City of Chula Vista Contractor/Service Provider Services Agreement between City and SBCS Corporation in accordance with the general terms and conditions as outlined in the agenda statement and attendant State and Federal Requirements, in a not to exceed an aggregate amount of $17,250,340.61 on a form approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. Presented by Approved as to form by Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 74 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Park Approval: Approve the Draft Park Master Plan for the Civic Park P-2 in Millenia and the Name “Montage Park” Report Number: 21-0120 Location: Millenia Park P-2 located between Millenia Avenue and Montage Avenue. Department: Development Services Environmental Notice: The Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) plan and Tentative Map. Recommended Action Adopt a resolution approving the draft Master Plan for the 1.62-acre Civic Park P-2 in Millenia and the name “Montage Park.” SUMMARY This report presents the draft Park Master Plan for the sixth Millenia park and seeks approval of the plan and the park name, “Montage Park.” ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Therefore, no further CEQA review or documentation is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On July 15, 2021, the Parks and Recreation Commission voted to recommend approval of the Park Master Plan for park P-2 in Millenia and the name, “Montage Park,” by a vote of 7-0. 2021/08/24 City Council Post Agenda Page 75 of 346 P a g e | 2 DISCUSSION Background The Sectional Planning Area (SPA) plan for Millenia, formerly known as the Eastern Urban Center, was adopted by City Council on October 6, 2009, Resolution No.2009-224 and Ordinance No. 3142. The SPA plan for Millenia includes Urban Parks, Recreation, Open Space and Trails Plan that describes a system of parks, plazas and trails within the development, as well as an overall master plan for six parks within the development, describing their locations, how the park obligations will be met, overall design concepts, and program elements to be included within each park. This 1.62-acre park site is located between Millenia Avenue and Montage Avenue, and it was offered and accepted for dedication to the City as depicted on Final Subdivision Map No. 16081, recorded at the County Recorder’s Office on December 28, 2015. Millenia Parks Agreement The Millenia project meets its park obligations through a combination of parkland dedication, parkland development improvements and in-lieu fees. Park obligations for development projects are found in Chapter 17.10 of the Chula Vista Municipal Code (the “CVMC”). The ways in which these provisions are to be made are documented in detail in the “Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center” (the “Parks Agreement”) approved on September 15, 2009 by City Council via Resolution No. 2009-226, and amended by Resolutions 2015-089 and 2016-067. The Millenia parks are provided through the “turnkey” method where the developer constructs the park on behalf of the City in-lieu of paying park development fees. The Parks Agreement allows provisions for an increased level of park facilities than are typically included in a City of Chula Vista Park. The associated level of park credit given by the City for the parks is increased to reflect the increased level of amenities. The Millenia master developer and the landscape consultants, Spurlock Landscape Architects, have entered into a two-party agreement for the design of Montage Park. Civic Park (P-2) - Montage Park The overall theme for the park is “Kinetics.” The master plan for the park includes the following elements:  Pedestrian connections to developments to the North, South, East & West of the park  Regional trail  Versatile Use Plaza  Picnic/BBQ areas (rentable)  Shade structure  Open lawn areas  Stepped concrete seat wall/performance area  Movable tables and chairs  Drinking fountain  Walkway lighting  Seating opportunities in tree grove 2021/08/24 City Council Post Agenda Page 76 of 346 P a g e | 3 The park is a pedestrian park serving the immediate community; therefore, no on-site parking will be provided. However, there is on street parking available throughout the development in the vicinity of the park. Possible Phase 2 The park master plan is designed such that an optional second phase of construction can be made to provide direct access to the entrance to a future adjacent building to the north of the park. The proposed building entrance would be approximately 7 feet higher than the adjacent elevation in the park thus necessi tating steps and a ramp to be built to form the connection. This construction would be on both private property and park property but since it is an option that will only proceed if the adjacent developer chooses to do so, this work would be funded by the adjacent developer and be their responsibility to construct, should they choose to pursue this option. Special Maintenance Provisions The Parks Agreement provides that fifty percent (50%) of the maintenance cost will be tied to the City’s average annual cost per acre for park maintenance, to be funded from the City’s General Fund, and the remaining fifty percent (50%) will be funded by Community Facilities District (CFD) No. 14-2. Partial funding of park maintenance through the CFD enables the City to maintain the Millenia parks with more maintenance intensive features at no additional cost to the General Fund. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT All costs associated with the park design and master planning effort are borne by the developer, resulting in no net fiscal impact to the General Fund or the Development Services Fund. ONGOING FISCAL IMPACT The developer will construct the park on behalf of the City to meet their park obligations. There will be no capital cost to the City for the creation of this park. The only cost will be the cost per acre to the General Fund each fiscal year for the maintenance of the park. This amount is currently estimated to total $22,761 ($14,050 per acre x 1.62 acres) per year. The budget for the development of the park is $3.4 million ($2.47 million construction costs and $0.93 million soft costs). 2021/08/24 City Council Post Agenda Page 77 of 346 P a g e | 4 ATTACHMENTS 1. Montage Park Master Plan Staff Contact: Tiffany Allen, Director of Development Services Mary Radley, Landscape Architect 2021/08/24 City Council Post Agenda Page 78 of 346 1 MONTAGE PARK PARK MASTER PLAN PARK P-2 MONTAGE PARK - PARK MASTER PLAN July 7, 2021 2021/08/24 City Council Post Agenda Page 79 of 346 MONTAGE PARK July 7, 2021 2 MONTAGE PARK - PARK MASTER PLAN SHEET INDEX 1. SITE CONTEXT 2. SITE ANALYSIS 3. PARK MASTER PLAN 4. PERSPECTIVE VIEWS 5. PARK AMENITIES AND FURNISHINGS 6. HARDSCAPE MATERIALS 7. PLANTING DIAGRAM AND CHARACTER 8. SITE UTILITIES, GRADING & DRAINAGE 2021/08/24 City Council Post Agenda Page 80 of 346 MONTAGE PARK July 7, 2021 3 MONTAGE PARK - PARK MASTER PLAN SITE ANALYSIS TBD PLANNED RESIDENTIAL OPEN SPACE COMMERCIAL MULTI-FAMILY TOWNHOME SINGLE FAMILY OFFICE FIRE STATION LAND USE PLAN VEHICULAR REGIONAL TRAIL / CHULA VISTA GREENBELT TRAIL PARK CIRCUIT WALK CIRCULATION PLAN OPEN SPACE MONTAGE PARK STRATA PARK STYLUS PARK ORION PARK METRO PARK MILLENIA PARK MONTAGE PARK PARK PLAN BIRCH R D EASTLAKE PARKWAYORION AVENUEMETRO AVENUESTRATA STREET OPTIMA STREETMONTAGE AVENUESR - 125BIRCH R D EASTLAKE PARKWAYORION AVENUEMETRO AVENUESTRATA STREET OPTIMA STREETMONTAGE AVENUESR - 125BIRCH R D EASTLAKE PARKWAYORION AVENUEMETRO AVENUEMILLENIA AVENUEMILLENIA AVENUESTRATA STREET OPTIMA STREETMONTAGE AVENUESR - 125MONTAGE PARK PROJECT SITE PROJECT SITE PROJECT SITE 2021/08/24 City Council Post Agenda Page 81 of 346 MONTAGE PARK July 7, 2021 4 MONTAGE PARK - PARK MASTER PLAN SITE ANALYSIS VIEW LOOKING EAST FROM MILLENIA AVENUE VIEW LOOKING WEST FROM MONTAGE AVE MILLENIA AVE STREETSCAPE (WEST SIDE) MONTAGE AVE STREETSCAPE (EAST SIDE) BASIN NORTH OF PROPERTY (FUTURE OFFICE DEVELOPMENT) REGIONAL TRAIL ON MILLENIA AVE (WEST SIDE) CONTEXT CONDITIONS SITE SITE SITE 2021/08/24 City Council Post Agenda Page 82 of 346 MONTAGE PARK July 7, 2021 5 MONTAGE PARK - PARK MASTER PLAN SITE ANALYSIS Montage Park is an important node between the residential core of the neighborhood in the East to the commercial offices to the West. There is a direct connection from the commercial office into the park and from the property to the South allowing for a seamless transition between public open spaces and the nearby constituents. The regional trail runs though the park and serves as a gateway into the neighborhood and direct connection to Metro Park, FF=611.40PAD=610.73FF=596.40PAD=595.73 UP WWWWWWWWWMONTAGE AVENUEMETRO AVENUEMILLENIA AVENUEBOB PLETCHER WAY SR -125PRE V A I L I N G BRE E Z E MULTIFAMILY RESIDENTIAL (4-6 STORIES) MULTIFAMILY RESIDENTIAL (4-6 STORIES) MULTIFAMILY RESIDENTIAL (4-6 STORIES) MULTIFAMILY RESIDENTIAL (4-6 STORIES) COMMERCIAL OFFICE (3-4 STORIES) COMMERCIAL OFFICE (3-4 STORIES) COMMERCIAL OFFICE (3-4 STORIES) METRO PARK MILLENIA PARK MONTAGE PARK STORMWATER 20' WIDE PROPOSED STORM DRAIN EASMENT 20' WIDE PROPOSED STORM DRAIN EASMENT 20' WIDE PROPOSED STORM DRAIN EASMENT + 596 611 + REGIONAL TRAIL OPTIMA STREET CENTRAL PASEOFUTURE DEVELOPMENT (Land Use TBD planned residential) MOUNTAIN VIEW SUN Pedestrian connections Legend Vehicular circulation Noise N Regional Trail (Part of Chula Vista Greenbelt Trail) 2021/08/24 City Council Post Agenda Page 83 of 346 MONTAGE PARK July 7, 2021 6 MONTAGE PARK - PARK MASTER PLAN PARK MASTER PLAN - PHASE 1 MONTAGE AVEMILLENIA AVELEGEND Open Lawn / Turf (Sod) Monument Sign Plaza with Enhanced Paving Shade Structure Regional Trail (Part of Chula Vista Greenbelt Trail) Regional Trail / Firelane Depth Vegetated Stormwater Swale with Liner Surface Mounted ADA Accessible Drinking Fountain Fixed Picnic Table, such as Trio Table Ensemble from Forms + Surfaces Fixed Platform Seating, Such as Mobile Surf Isles from Street Life Freestanding coal BBQ with Hot Ash Bin Fixed Bench Concrete Mow Curb Bike Rack, such as Bola by Landscape Forms 18” Tall C.I.P. Concrete Seat Wall, natural gray with sand finish; formed block-out skate deterrent 18” Wide C.I.P. Concrete Seat Wall, natural gray with sand finish; formed block-out skate deterrent Light Pole, 50’ O.C. on raised concrete base 12”-18”above ground level. Such as Trio Pedestrian Lighting from Forms + Surfaces City Standard Trash and Recycling Receptacle, Urban Renaissance from Forms + Surfaces Regional Trail Signage Bollard typ. of (3) typ. of (2) typ. of (14) typ. of (4) typ. of (20) typ. of (4) typ. of (4)typ. of (6)typ. of (4) typ. of (2) Natural Gray Concrete with Sand Finish Lithocrete with Hand Seeded Glass Aggregate Wood Grain Stamped Natural Gray Concrete Stabilized Decomposed Granite Integral Color Concrete with Enhanced Finish Turf (Sod) Understory Planting: 36” - 48” high max Trees: 48” Box Trees: 60% 36” Box and 40% 24” box N 50 SCALE A F C C G I T I R A B C D E F G H I J K L M N O P Q R S T P I N P G G G E LLI N S J Q D I K I H M M M M E A A O O 0 100’50’25’ B BT Limits of 20' wide Fire Lane 20'New Potable Water Line and Meter Limit of Work / Property Line Limit of Work / Property Line Proposed Sidewalk per Approved Off Site Plans, Drawing #15013 Existing Sidewalk to Remain 20' wide storm drain easement 20' wide storm drain easement 20' wide storm drain easement Tree located adjacent to fire lane shall not hang into firelane and shall maintain a minimum overhead clearance of 13'-6" along firelaneOptional Future Stairs and Ramp by Others, see Page 8 for Phase 2 Improvements See Page 8 for Phase 2 Improvements "No stopping fire lane" sign mounted to light pole's at 50' o.c. per CVFD standard detail on page 15 A-A (see pg 7)B-B' (see pg 7 Note: 1. Offsite improvements approved under separate permit (dwg. #15013) will be installed during park construction. 2. Final build-out of right-of-way improvements to be maintained by the City. 2021/08/24 City Council Post Agenda Page 84 of 346 MONTAGE PARK July 7, 2021 7 MONTAGE PARK - PARK MASTER PLAN SECTIONS Section A-A'Section B-B' 2021/08/24 City Council Post Agenda Page 85 of 346 MONTAGE PARK July 7, 2021 8 MONTAGE PARK - PARK MASTER PLAN MONTAGE AVEMILLENIA AVEPARK MASTER PLAN - PHASE 2 N 50 SCALE Natural Gray Concrete with Sand Finish Integral Color Concrete with Enhanced Finish Turf (Sod) Understory Planting: 36” - 48” high max Trees: Assume 36” Box Note: 1. Phase 2 improvements are optional and at the discretion of the developer for the adjacent property (Lot 7) 2. Any costs for phase 2 improvements will be carried by the developer of the adjacent property (Lot 7) 3. Phase 2 improvements within Montage Park lot limits shall be maintained by the city. Any offsite phase 2 improvements shall be maintained by the owner of the adjacent property. Note: Grading adjusted to allow for stairs and ramp to finished grade of Phase 2 office building Limit of Work Limit of Work BDA A A 0 100’50’25’ LEGEND Retaining Wall (Completed by Phase 2 Office) Accessible Ramp (Completed by Phase 2 Office) C.I.P. Concrete Steps, color and finish to match adjacent paving (Completed by Phase 2 Office) Vegetated Stormwater Swale with Liner A B C D D 2021/08/24 City Council Post Agenda Page 86 of 346 MONTAGE PARK July 7, 2021 9 MONTAGE PARK - PARK MASTER PLAN REGIONAL TRAIL 2021/08/24 City Council Post Agenda Page 87 of 346 MONTAGE PARK July 7, 2021 10 MONTAGE PARK - PARK MASTER PLAN VIEW DOWN PASEO GROVE 2021/08/24 City Council Post Agenda Page 88 of 346 MONTAGE PARK July 7, 2021 11 MONTAGE PARK - PARK MASTER PLAN PLAZA 2021/08/24 City Council Post Agenda Page 89 of 346 MONTAGE PARK July 7, 2021 12 MONTAGE PARK - PARK MASTER PLAN CHARACTER IMAGERY SHADE STRUCTURE PICNIC AND LOUNGE SEATING MULTI-PURPOSE LAWN STEPPED SEATING PROPOSED WITH RECYCLED PLASTIC LUMBER 2021/08/24 City Council Post Agenda Page 90 of 346 MONTAGE PARK July 7, 2021 13 MONTAGE PARK - PARK MASTER PLAN PARK AMENITIES AND FURNISHING BENCHES PICNIC TABLES TABLE WITH COMPOSITE OR ALUMINUM SLATSBENCH WITH COMPOSITE OR ALUMINUM SLATS TRASH AND RECYCLING POWDER COATED STEEL RECEPTACLE WITH CUSTOM CITY OF CHULA VISTA LOGO HYDRATION STATION PLATFORM SEATINGLIGHTING FOUNTAIN AND BOTTLE FILLING RECYCLED PLASTIC LUMBER PLATFORM PROPOSED WITH RECYCLED PLASTIC LUMBER ALUMINUM POLE LIGHT Home / Halsey Taylor Endura II Outdoor HydroBoost Bottle Filling, Station Bi-Level Pedestal NonFilter NonRefrige FreezeResist, Gray Image May Not Reflect Selected Options Halsey Taylor Endura II Outdoor HydroBoost Bottle Filling, Station Bi-Level Pedestal NonFilter NonRefrige FreezeResist, Gray Page 1 of 4Halsey Taylor Endura II Outdoor HydroBoost Bottle Filling, Station Bi-Level Pedestal N... 5/23/2017http://www.halseytaylor.com/4420bf1ufrkgry CHARCOAL BBQ ASH DISPOSAL STEEL FREESTANDING CHARCOAL BBQ PRECAST CONCRETE ASH BIN 2021/08/24 City Council Post Agenda Page 91 of 346 MONTAGE PARK July 7, 2021 14 MONTAGE PARK - PARK MASTER PLAN TRELLIS OPTIONS OPTION 1 OPTION 2 OPTION 3 OPTION 4 OPTION 5 2021/08/24 City Council Post Agenda Page 92 of 346 MONTAGE PARK July 7, 2021 15 MONTAGE PARK - PARK MASTER PLAN FIRE LANE IDENTIFICATION • Signs shall be mounted on posts 7ft above grade or on building as approved • Signs shall be .080 gauge aluminum • Signs shall have ASTM Type IV High Intensity reflective sheeting • Signs shall be provided with a protective overlay film Fire Lanes shall be identified in accordance with one of the details below: - Both sides of fire lane unless otherwise approved - Both sides of fire lane unless otherwise approved • Paint shall be suitable for exterior application and fade resistant • Paint shall be suitable for exterior application and fade resistant (See page 2) NO STOPPING SIGN Signs shall be in accordance with Caltrans/FHWA standard [R26F] 2021/08/24 City Council Post Agenda Page 93 of 346 MONTAGE PARK July 7, 2021 16 MONTAGE PARK - PARK MASTER PLAN PARK FURNISHINGS AND MATERIALS WOOD GRAIN STAMPED CONCRETE HEAVY RETARDER FINISH CONCRETE WITH INTEGRAL COLOR REGIONAL TRAIL STABILIZED DECOMPOSED GRANITE SAND FINISH CONCRETE 2021/08/24 City Council Post Agenda Page 94 of 346 MONTAGE PARK July 7, 2021 17 MONTAGE PARK - PARK MASTER PLAN N 50 SCALE PLANTING CHARACTER DIAGRAM LAWN - FLEXIBLE TURF AREA SLOPE / BACKGROUND - EVERGREEN MASSING SHRUBS AND GRASSES ORNAMENTAL - NATIVE AND NATIVE ADAPTED EVERGREEN SHRUBS WITH SEASONAL COLOR VEGETATED SWALE AND BASINS - CASCADING GRASSES AND RUSHES WITH FLOWERING ACCENT SHRUBS LARGE SHADE TREE SUCH AS: FRAXINUS ANGUSTIFOLIA 'RAYWOOD' TIPUANA TIPU SMALL FLOWERING ACCENT TREE SUCH AS: CERCIS CANADENSIS 'FOREST PANSY' LAGERSTROEMIA INDICA LEGEND ACCENT GROVE TREE SUCH AS: ARBUTUS 'MARINA' OLEA 'SWAN HILL' PRIMARY GROVE TREE SUCH AS: ARBUTUS 'MARINA' GEIJERA PARVIFLORA OLEA 'SWAN HILL' SPECIMEN TREE SUCH AS: QUERCUS ILEX QUERCUS SUBER NOTE: UNDERSTORY PLANTING TO BE 36" - 48" HEIGHT MAX. AIRY CANOPY TREE SUCH AS: ULMUS PARVIFOLIA MONTAGE AVEMILLENIA AVE0 100’50’25’ Tree located adjacent to fire lane shall not hang into firelane and shall maintain a minimum overhead clearance of 13'-6" along firelane 2021/08/24 City Council Post Agenda Page 95 of 346 MONTAGE PARK July 7, 2021 18 MONTAGE PARK - PARK MASTER PLAN TREE SPECIES FRAXINUS ANGUSTIFOLIA ARBUTUS 'MARINA' QUERCUS SUBER LAGERSTROEMIA INDICA TIPUANA TIPU GEIJERA PARVIFLORA OLEA 'SWAN HILL' ULMUS PARVIFOLIAQUERCUS ILEX CERCIS CANADENSIS 'FOREST PANSY' LARGE SHADE TREE SUCH AS: GROVE TREE SUCH AS: AIRY CANOPY TREE SUCH AS:SPECIMEN TREE SUCH AS: FLOWERING ACCENT TREE SUCH AS: 2021/08/24 City Council Post Agenda Page 96 of 346 MONTAGE PARK July 7, 2021 19 MONTAGE PARK - PARK MASTER PLAN PLANTING CHARACTER SLOPE /BACKGROUNDORNAMENTAL VEGETATED SWALE AND BASINS 2021/08/24 City Council Post Agenda Page 97 of 346 MONTAGE PARK July 7, 2021 20 MONTAGE PARK - PARK MASTER PLAN 24" SD @2.00%24" SD SITE UTILITIES, GRADING AND DRAINAGE N 50 SCALE 0 100’50’25’ 2021/08/24 City Council Post Agenda Page 98 of 346 MONTAGE PARK July 7, 2021 21 MONTAGE PARK - PARK MASTER PLAN SITE SECTION A-A' 0 20’10’5’ 2021/08/24 City Council Post Agenda Page 99 of 346 MONTAGE PARK July 7, 2021 22 MONTAGE PARK - PARK MASTER PLAN PRIME CONSULTANT CONTACT INFORMATION Brad Lents, Principal-In-Charge blents@spurlock-land.com Jose Rodriguez, Project Manager jrodriguez@spurlock-land.com 619.681.0090 2021/08/24 City Council Post Agenda Page 100 of 346 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FOR THE 1.62-ACRE P-2 PUBLIC NEIGHBORHOOD PARK, LOCATED IN MILLENIA, AND APPROVING THE PARK NAME, “MONTAGE PARK” WHEREAS, the Sectional Planning Area (SPA) plan for the development was adopted by City Council on October 6, 2009, in accordance with Resolution No. 2009-224 and Ordinance No. 3142; and WHEREAS, the SPA plan for Millenia includes an Urban Parks, Recreation, Open Space and Trails Plan that describes a system of parks, plazas and trails within the development, as well as, an overall master plan for six parks within the development; and WHEREAS, this 1.62-acre park site is located between Millenia Avenue and Montage Avenue, and it was offered for dedication and accepted on Final Subdivision Map No. 16081 recorded at the County Recorder’s Office on December 28th, 2015; and WHEREAS, the Millenia project meets its park obligations, as stated in Chapter 17.10 of the Chula Vista Municipal Code (the “CVMC”), through a combination of parkland dedication, parkland development improvements and in-lieu fees; and WHEREAS, park provisions are documented in detail in the “Agreement Regarding Construction of Parks in a portion of Otay Ranch Eastern Urban Center” (the “Parks Agreement”), Resolution No.2009-226, approved on September 15, 2009 by the City Council; and WHEREAS, the Millenia parks are provided through the “turnkey” method where the developer constructs the park on behalf of the City in-lieu of paying park development fees; and WHEREAS, the Parks Agreement provides that fifty percent (50%) of the maintenance cost will be equal to the City’s average annual cost per acre for park maintenance. To match this amount, fifty percent (50%) will be contributed to the City by the Community Facilities District for Millenia (CFD14M-2) that assesses development in Millenia; and WHEREAS, the Millenia master developer and the landscape consultants, Spurlock Landscape Architects, have entered into a two-party agreement for the design of this subject Park P-2; and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted/certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) SPA Plan and Tentative Map. Therefore, no additional environmental review is required; and 2021/08/24 City Council Post Agenda Page 101 of 346 Resolution No. Page 2 WHEREAS, the Parks and Recreation Commission approved this subject P-2 Park Master Plan and park’s name at its meeting on July 15, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Park Master Plan for the 1.62-acre P-2 public neighborhood park, located in Millenia, and the name “Montage Park.” Presented by: Approved as to form by: Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 102 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Grant Acceptance: Accept a Grant for the Homeless Housing Assistance and Prevention Program, Appropriation of Said Grant, and Extend the Declaration of Shelter Crisis Report Number: 21-0086 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt resolution A) accepting $179,000 from the Regional Task Force on the Homeless for the Homeless Housing Assistance and Prevention Program Grant, and appropriating funds for that purpose (4/5 Vote Required), and B) extending the declaration of Shelter Crises. SUMMARY In April 2021, the City of Chula Vista, in partnership with the City of National City, submitted a Homeless Housing Assistance Program (HHAP) funding application to the Regional Task Force on the Homeless (RTFH). In May 2021, the City received notification that it was awarded $179,000 to continue the Chula Vista-National City Regional Homeless Outreach Program. In order to proceed with the program, the City must enter into an agreement with the RTFH for the Homeless Emergency Aid Program (HEAP) funds and the City of National City and Alpha Project for program implementation. This item seeks to formally accept the grant funds, authorize execution of the corresponding agreements, and appropriate the funds. Furthermore, to be eligible to receive said funds, the City must have a Declaration of Homeless Shelter Crisis formally approved by the City Council at the time of grant award, which expired on June 30, 2021. This item seeks to formally accept the grant funds, authorize execution of the corresponding agreements, appropriate the funds, and extend the existing Declaration of Homeless Shelter Crisis. 2021/08/24 City Council Post Agenda Page 103 of 346 P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (CEQA) and determined that the action 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 action is not subject to CEQA. Therefore, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In 2018, the State enacted HEAP as part of California Senate Bill 850, which provided grants to cities and counties to address homelessness throughout the State. HEAP funds provided one-time, flexible funds to address immediate homelessness challenges, including prevention, criminal justice diversion programs to unsheltered individuals with mental health needs, and emergency aid. Recognizing the effects of homelessness were felt regionally, a new partnership was formed with National City to identify issues impacting our respective cities and develop solutions in the same manner. In May 2019, the City successfully applied for the Chula Vista-National City Regional Homeless Outreach Program. The City was awarded $905,958 in HEAP funds over a two-year period (ending May 31, 2021). In 2019, to continue the mission of addressing the homelessness crisis, the State enacted Assembly Bill 101. This created the Homeless Housing Assistance Program (HHAP) providing additional funding to further its support to local jurisdictions and continue building on regional collaboration developed through previous rounds of HEAP funding. The HEAP and HHAP funding, leveraged with Housing dollars, further enhanced the ongoing efforts in place by the Police Department Homeless Outreach Team (HOT) which included a dedicated Psychiatric Emergency Response Team (PERT) member; a County Health and Human Services Eligibility Worker; a County Public Health Nurse and various social service partnering agencies. This model allowed the HOT Teams to provide complete wrap-around outreach services including individual case management of unsheltered individuals and families in need of housing assistance and housing stabilization support services while successfully referred to, matched to, and/or enrolled in permanent housing programs and necessary supportive services. To address interim housing needs while participants are transitioning from homelessness to shelter and/or permanent housing, Chula Vista and National City Housing Authority committed in-kind contributions for unsheltered residents in the respective cities, providing one-time assistance to fund security deposits, short- term rental assistance for bridge or temporary housing stays using hotel/motel vouchers and/or ongoing rental assistance for permanent housing. In the last two years, the team engaged unsheltered individuals and families who were disconnected and estranged from mainstream services. Such efforts helped to establish supportive relationships and enhanced the participation in the necessary services and support that are part of the journey towards movement off 2021/08/24 City Council Post Agenda Page 104 of 346 P a g e | 3 the streets. While the ultimate goal is to have an unsheltered person move into permanent housing, this does not define the success of the program. The complexity of each individual story requires unique steps towards stability in housing. Participation in each of those steps that may include obtaining an identification card, signing up for benefits, or seeking health care represents a “win” and a goal achieved. Each outreach touchpoint builds trust and relationships that allow our homeless to re-engage with a hope for healing, recovery, self-sufficiency and more stable housing. Below is a summary of the successes of the Homeless Outreach Program. It is with self-sufficiency in mind that the City created the Operation Pride Project. By leveraging Community Development Block Grant (CDBG) funds, two job training programs were established. The Alpha Project “Take Back the Streets” and the McAlister “Work for Hope” programs both serve as a catalyst for homeless people who are able to work, by providing them with immediate transitional employment and training while providing the city with vital and essential services. Through this program not only is the City providing the opportunity to rejoin the workforce but proactively maintaining public spaces clean and free of trash and debris. For the coming year, the City will continue to build on the successes of the first two years of the program which resulted in the following accomplishments: Program Deliverables Transitional Housing: Hotel/Motel Vouchers, Shelter (ie VA) 30 Persons Permanent Housing: Tenant Based-Rental Assistance or Other Housing Solution 75 Persons Jobs Created 25 Persons Pounds of Trash Collected (public spaces including OVRP and Jungle) 1M Lbs. of Trash Through this action, staff is seeking Council’s approval to accept the $179,000 in HHAP funds awarded by the RTFH, authorization for the City Manager to execute documents to obtain the grant, approval of a HHAP Funding Agreement with the RTFH, a 3-Party Agreement between the City, Alpha Project and National City, and appropriation of funds, all of which are necessary to implement and administer the program. DECLARATION OF SHELTER CRISIS: For the City of Chula Vista or any other service provider operating within Chula Vista (e.g. SBCS) to secure State grant funding, a declaration of a shelter crisis (“Shelter Crisis”) pursuant to Government Code section 8698 must be adopted by the governing body of the jurisdiction within the Continuum of Care. D eclaration of such Shelter Crisis under Government Code §8698 means that a significant number of residents are without housing and that the situation represents a health and safety concern to the community. On September 28, 2018, the Chula Vista City Council unanimously approved Resolution No. 2018-199, declaring Shelter Crisis in Chula Vista, which expired on June 30, 2021. Since the Resolution was first approved almost three years ago, the City has secured funding to continue outreach efforts through its mobile case management and housing navigation services, provided temporary shelter through hotel/motel vouchers and provided tenant-based rental subsidies. Additionally, the City began planning the development of the first bridge shelter in the City. To keep the City’s efforts on the path 2021/08/24 City Council Post Agenda Page 105 of 346 P a g e | 4 to successfully serve our unsheltered and maximize the effectiveness of our resources, it is requested that the expiration date of the Homeless Shelter Crisis be extended an additional two years. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the General Fund as a result of this action. The activities to be undertaken are funded through the HHAP Grant and are fully reimbursable from the Regional Task Force on the Homeless. Approval of the resolution appropriates $179,000 in HHAP grant funds. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as a result of this action. The activities to be undertaken are funded through the HHAP Grant and are fully reimbursable from the Regional Task Force on the Homeless. ATTACHMENTS 1. Agreement with the Regional Task Force on the Homeless and the City of Chula Vista 2. Agreement with City of Chula Vista, City of National City and Alpha Project Staff Contact: Tiffany Allen, Director of Development Services Angélica Davis, DSD – Housing Sr Management Analyst 2021/08/24 City Council Post Agenda Page 106 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 1 Regional Task Force on the Homeless San Diego City and County CoC - 601 SUBCONTRACTOR AGREEMENT Homeless Housing Assistance & Prevention (HHAP) This Agreement is entered into between the Regional Task Force on the Homeless (RTFH), and the (subcontractor) City of Chula Vista The term of this agreement is: June 1, 2021 to June 30, 2022 The maximum amount of this Grant Agreement is: $179,000 The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made as part of the Agreement: Exhibit A: Authority, Purpose and Scope of Work Exhibit B: Budget Detail and Payment Provisions Exhibit C: Terms and Conditions Exhibit D: Special Terms and Conditions IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CITY OF CHULA VISTA By (Authorized Signature) Date Signed Maria V. Kachadoorian, City Manager Printed Name and Title of Person Signing 276 Fourth Ave Chula Vista, Ca 91910 Address REGIONAL TASK FORCE ON THE HOMELESS By (Authorized Signature) Date Signed Tamera Kohler, Chief Executive Officer Printed Name and Title of Person Signing 4699 Murphy Canyon Road, San Diego, CA 92123 Address 2021/08/24 City Council Post Agenda Page 107 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 2 SUBCONTRACTOR AGREEMENT EXHIBIT A Authority, Purpose and Scope of Work, Homeless Housing Assistance & Prevention (HHAP) 1. Authority The State of California has established the Homeless Housing, Assistance, and Prevention Program ("HHAP" or "Program" or "grant”) pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Added by Stats.2019, c. 159 (A.B. 101), § 10, eff. July 31, 2019.) The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP provides one-time flexible b1ock grant funds to continuums of care, large cities (population of 300,000+) and counties as defined in the December 6, 2019 HHAP Notice of Funding Availability ("NOFA") to support regional coordination and expand or develop local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. This Standard Agreement along with all its exhibits ("Agreement”) is entered into by RTFH and Subrecipient under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Subrecipient agrees to comply with the terms and conditions of the Agreement, the Letter of Intent under which the Subrecipient applied, the representations contained in the Subrecipients Letter of Intent, and the requirements of the authority cited above. 2. Purpose The general purpose of the Program is to provide one-time block grant funding to support regional coordination, and to expand or develop local capacity to address immediate homelessness challenges. Activities will be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing in accordance with the authority cited above, an application was created and submitted by the Grantee for HHAP funds to be allocated for eligible uses as stated in Health and Safety Code section 50219, subdivision (c)(1)-(8). 3. Definitions Terms herein shall have the same meaning as the definitions set forth in the HHAP NOFA, which is fully integrated and shall be interpreted to be fully set forth herein as part of this Agreement. 2021/08/24 City Council Post Agenda Page 108 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 3 SUBCONTRACTOR AGREEMENT EXHIBIT A 4. Scope of Work The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code section 50219, subdivision (c)(1) -(8), and any other applicable laws. Eligible uses include the following: A. Rental assistance and rapid rehousing. B. Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves. C. Incentives to landlords, including, but not limited to, security deposits and holding fees. D. Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing permanent housing and to promote housing stability in supportive housing. E. Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. F. Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions. G. Prevention and shelter diversion to permanent housing. H. New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: i. The number of available shelter beds in the city, county, or region served by a continuum of care. ii. Shelter vacancy rate in the summer and winter months. iii. Percentage of exits from emergency shelters to permanent housing solutions. iv. A plan to connect residents to permanent housing. 5. Contract Coordinators RTFHs Contract Coordinator for this Agreement is the RTFH Grants & Contracts Manager or designee. Unless otherwise instructed, any notice, report or other communication requiring the Grantee’s signature for this Agreement shall be mailed or emailed to Heidi Kone, Grants and Contracts Manager at the following address: Regional Task Force on the Homeless 4699 Murphy Canyon Road San Diego, CA 95642 heidi.kone@rtfhsd.org 2021/08/24 City Council Post Agenda Page 109 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 4 SUBCONTRACTOR AGREEMENT EXHIBIT A The Subrecipients Contract Coordinator (“Authorized Representative”) for this Agreement is listed below. Unless otherwise informed, any notice, report or other communication required by this Agreement will be mailed by first class mail or emailed to the Subcontractor’s Contract Coordinator at the following address: Subcontractor’s Authorized Representative Name and Title: Angelica Davis, St Management Analyst Address: City of Chula Vista, Neighborhood Services 276 Fourth Ave Chula Vista, Ca 91910 Phone: 619-691-5036 Email: adavis@chulavista.gov 6. Effective Date, Term of Agreement, and Deadlines A. This Agreement is effective June 1, 2021, upon approval by both the RTFH and the Subrecipient as listed on page one, lower left section, the Subrecipient Agreement, and signed by all parties. B. One hundred percent of the program funds must be fully expended by June 30, 2022. Any funds not expended by that date shall be returned to the RTFH. 7. Special Conditions In the event that the State of California changes the terms and conditions of the HHAP program, the Subcontractor agrees to comply with any such applicable changed terms and conditions. [Detailed Scope of Work is on the following page(s)] 2021/08/24 City Council Post Agenda Page 110 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 5 SUBCONTRACTOR AGREEMENT EXHIBIT A Detailed Scope of Work The majority of funds will be allocated to Personnel expenses (salary plus benefit costs) for the Alpha Project to fund four positions: Three Mobile Case Managers/Housing Navigators and one Supervisor. Fringe benefits are included for each staff member. The City of Chula Vista leveraged these funds with $300,000 of non-HEAP funds to cover additional staff time from the Housing Division and the Chula Vista Police Department HOT team members. In the same matter, National City also funded two National City Police Department Hot team members. 2021/08/24 City Council Post Agenda Page 111 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 6 SUBCONTRACTOR AGREEMENT EXHIBIT A Outcome Table (Choose which applies to your project and use the corresponding row) HHAP Program Area Unduplicated # of homeless persons assisted Unduplicated # of at risk of homelessness persons assisted # of unsheltered homeless persons being sheltered # of homeless persons entering permanent housing Street Outreach 222 16 18 10 Safe Parking 0 0 0 0 SOAR 0 0 0 0 Diversion 15 0 15 3 2021/08/24 City Council Post Agenda Page 112 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 7 SUBCONTRACTOR AGREEMENT EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS Itemized Budget Details Project Revenue HHAP Lead Agency (Chula Vista) HHAP Agency Two (National City) Total of all Agencies RTFH HHAP $179,000 $179,000 Total Project Revenue $179,000 $179,000 Project Expenses HHAP Lead Agency Sub: Alpha Project Total of all Agencies Personnel $128,250 $128,250 Fringe Benefits $50,750 $50,750 Total Project Expenses $179,000 $179,000 Administration 7% Total $179,000 $179,000 * Note – Flex funds, rental assistance and relocation costs should not be included in total project expense when calculating 7% Administration Cost. Only the Lead Agency (Subrecipient), if approved, can add the 7% Administration Cost to their total project expense. Budget Expense Narrative The program grant funds will be used exclusively to cover personnel and ringe benefits to cover the staff costs associated with the program activities. Personnel $128,250 The majority of funds will be allocated to personnel expenses (salary plus benefit costs) for the Alpha Project to fund four positions: Three Mobile Case Managers/Housing Navigators and one Supervisor. Fringe benefits are included for each staff member. Personnel expenses will cover four Alpha Project positions: Three Mobile Case Managers/Housing Navigators and one Supervisor totaling $128,250. Broken down as follows: Position Expense Supervisor $35,643 Housing/Case Manager $92,607 (3 @ $30,869) Total $128,250 Fringe $50,750 Fringe benefits total $50,750. Broken down as follows: Position Expense Supervisor $14,246 Housing Case Manager $36,504 (3@$12,168) Total $50,750 2021/08/24 City Council Post Agenda Page 113 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 8 Budget Detail & Changes The Subrecipient agrees that HHAP funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Subrecipient shall expend HHAP funds on eligible activities as detailed in the Letter of Intent submitted by the Subrecipient. Any decrease or increase to the total expenditures for any eligible use category must be approved by RTFH through a budget modification request before the Subrecipient may expend HHAP funds according to an alternative budget. The RTFH Grant & Contracts Manager will respond to a Subrecipient with approval or denial of request. Failure to obtain written approval from the Grant & Contracts Manager or his/her designee as required by this section may be considered a breach of this Agreement. 1. General Conditions Prior to Disbursement All Subcontractor’s must submit the following forms prior to HHAP funds being released: A. Request for Reimbursement (RFR) through ZoomGrants; B. One original copy of the signed Subcontractor Agreement C. Any other documents, certifications, or evidence requested by the RTFH as part of the HHAP application. D. Monthly Programmatic Report 2021/08/24 City Council Post Agenda Page 114 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 9 SUBCONTRACTOR AGREEMENT EXHIBIT B 3. Disbursement of Funds HHAP funds will be disbursed to the Subrecipient upon receipt, review and approval of the completed Request for Reimbursement (RFR) in ZoomGrants. RFRS are due monthly (15) days after the last day of the month. The following schedule applies: Period of Time Due to RTFH no later then June 1 - June 30 7/15/2021 July 1 - July 31 8/15/2021 Aug 1 - Aug 31 9/15/2021 Sept 1 – Sept 30 10/15/21 Oct 1 – Oct 31 11/15/21 Nov 1 – Nov 30 12/15/21 Dec 1 – Dec 31 01/15/22 Jan 1 – Jan 31 02/15/22 Feb 1 – Feb 28 03/15/22 Mar 1 – Mar 31 04/15/22 April 1 – April 30 05/15/22 May 1 – May 31 06/15/22 June 1- June 30 07/15/22 4. Expenditure of Funds Specific requirements and deadlines for contractually obligating and expending awarded funds are set forth in the Homeless Housing, Assistance, and Prevention Program statutes. Health and Safety Code sections 50218, 50219, and 50220 mandate the following: A. Up to 5 percent of the HHAP allocation may be expended for the following uses that are intended to meet federal requirements for housing funding: (1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of the Code of Federal Regulations; and for (2) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems. B. No more than 7 percent of the HHAP allocation may be used for administrative costs incurred by the Subrecipient. C. At least 8 percent of the HHAP allocation shall be used to establish or expand services for homeless youth populations. 2021/08/24 City Council Post Agenda Page 115 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 10 SUBCONTRACTOR AGREEMENT EXHIBIT B D. Subrecipients shall expend no less than 50 percent of HHAP funds by January 1, 2022. If less than 50 percent is expended: (1) On or before January 1, 2022, the Subrecipient submits an alternative disbursement plan to RTFH that includes an explanation for the delay and a plan to fully expend these funds by June 30, 2022. (2) RTFH approves the alternative disbursement plan. If the funds identified in the approved alternative disbursement plan are not fully expended by June 30, 2022, the funds shall be returned to RTFH. 5. Reimbursement of Funds The HHAP funds will be reimbursed to the Subrecipient upon receipt, review, and approval of monthly completed Programmatic Reports and RFRs by the RTFH. The RFR must include the required documentation of activities and expenses of funds for expenditure under each eligible use in the approved budget. HHAP funds will be reimbursed Monthly. 6. Ineligible Costs HHAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code sections 50218 and 50219. RTFH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Subrecipient or its funded subcontractors use HHAP funds to pay for ineligible activities, the Subrecipient shall be required to reimburse these funds to RTFH. An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Subrecipient. RTFH, at its sole and absolute discretion, shall make the final defemination regarding the allowability of HHAP fund expenditures. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. 7. Administrative Costs The Subcontractor must comply with Health and Safety Code Section 50219, subdivision (e), which limits administrative costs related to the executive of eligible activities to no more than seven percent of HHAP funds. For purposes of this Program, “administrative costs” does not include staff costs directly related to carrying out the eligible activities described in the budget and scope of work. 2021/08/24 City Council Post Agenda Page 116 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 11 SUBCONTRACTOR AGREEMENT EXHIBIT C TERMS AND CONDITIONS 1. Termination and Sufficiency of Funds A. Termination of Agreement RTFH may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Subrecipient. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; Or withdrawal of Subrecipient’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by RTFH, any unexpended funds received by the Subrecipient shall be returned to RTFH within 30 days of Agency's notice of termination. B. Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to RTFH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2. Transfers Subrecipient may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of RTFH and a formal amendment to this Agreement to affect such subcontract or novation 2. Subrecipient’s Application for Funds Subrecipient has submitted to RTFH an LOI for HHAP funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. RTFH is entering into this Agreement on the basis of, and in substantial reliance upon, Subrecipient facts, information, assertions and representations contained in that application, and in any subsequent modifications or additions thereto approved by Agency. The application and any approved modifications and additions thereto are hereby incorporated into this Agreement. Subrecipient warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Subrecipient’s knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect RTFH’s approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then 2021/08/24 City Council Post Agenda Page 117 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 12 SUBCONTRACTOR AGREEMENT EXHIBIT C RTFH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4. Reporting/Audits A. Monthly Programmatic Reports The Subcontractor shall submit monthly programmatic reports in ZoomGrants due on or before the 15th of the following month: Period of Time Due to RTFH no later then June 1 - June 30 7/15/2021 July 1 - July 31 8/15/2021 Aug 1 - Aug 31 9/15/2021 Sept 1 – Sept 30 10/15/21 Oct 1 – Oct 31 11/15/21 Nov 1 – Nov 30 12/15/21 Dec 1 – Dec 31 01/15/22 Jan 1 – Jan 31 02/15/22 Feb 1 – Feb 28 03/15/22 Mar 1 – Mar 31 04/15/22 April 1 – April 30 05/15/22 May 1 – May 31 06/15/22 June 1- June 31 07/15/22 The monthly programmatic reports shall contain a detailed report containing the following: 1. Unduplicated number of homeless persons assisted; 2. Unduplicated number of at risk of homeless persons assisted; 3. Unduplicated number of unsheltered homeless persons sheltered; and, 4. Unduplicated number of persons entering permanent housing. B. Supplemental Reporting Requirements Reporting shall also contain detailed information in accordance with Health and Safety Code section 50221, subdivision (a). This information includes the following, as well as any additional information deemed appropriate or necessary by Agency: 1. An ongoing tracking of the specific uses and expenditures of any Program funds broken out by eligible uses listed, including the current status of those funds. 2021/08/24 City Council Post Agenda Page 118 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 13 SUBCONTRACTOR AGREEMENT EXHIBIT C 2. The number of homeless individuals served by the Program funds in that year, and a total number served in all years of the Program, as well as the homeless populations served. 3. The types of housing assistance provided, broken out by the number of Individuals. 4. Outcome data for an individual served through Program funds, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits. C. Auditing Agency reserves the right to perform or cause to be performed a financial audit. At RTFH’s request, the Subrecipient shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP administrative funds may be used to fund this expense. 5. Inspection and Retention of Records A. Record Inspection The Subrecipient agrees that RTFH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Subrecipient agrees to provide RTFH, or its designee, with any Homeless Housing, Assistance and Prevention Program relevant information requested. The Subrecipient agrees to give RTFH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP program guidance document published on the Agency (BCHS) website, and this Agreement B. Record Retention The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 6. Breach and Remedies A. Breach of Agreement Breach of this Agreement includes, but is not limited to, the following events: 1. Subrecipient’s failure to comply with the terms or conditions of this Agreement. 2021/08/24 City Council Post Agenda Page 119 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 14 SUBCONTRACTOR AGREEMENT EXHIBIT C 2. Use of, or permitting the use of, HHAP funds provided under this Agreement for any ineligible activities. 3. Any failure to comply with the deadlines set forth in this Agreement. B. Remedies for Breach of Agreement In addition to any other remedies that may be available to RTFH in law or equity for breach of this Agreement, RTFH may: 1. Bar the Subrecipient from applying for future HHAP funds; 2. Revoke any other existing HHAP award(s) to the Subrecipient; 3. Require the return of any unexpended HHAP funds disbursed under this Agreement; 4. Require repayment of HHAP funds disbursed and expended under this Agreement; 5. Require the immediate return to RTFH of all funds derived from the use of HHAP funds including, but not limited to, recaptured funds and returned funds; and 6. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHAP requirements. 7. All remedies available to RTFH are cumulative and not exclusive. 8. RTFH may give written notice to the Subrecipient to cure the breach or violation within a period of not less than 15 days. 7. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of RTFH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Subrecipient of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of RTFH to enforce these provisions. 8. Nondiscrimination During the performance of this Agreement, RTFH and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression. race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Subrecipient and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Subrecipient and its subcontractors shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated 2021/08/24 City Council Post Agenda Page 120 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 15 SUBCONTRACTOR AGREEMENT EXHIBIT C thereunder (Cal. Code Regs., tit 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). Subrecipients and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9. Conflict of Interest All Subrecipients are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50219, subdivision (h) states, "For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to. Government Code section 1090 and Public Contract Code sections 10410 and 10411. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services. B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Employees of the Subrecipient: Employees of the Subrecipient shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, §81000 et seq.). 2021/08/24 City Council Post Agenda Page 121 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 16 SUBCONTRACTOR AGREEMENT EXHIBIT C D. Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10. Drug-Free Workplace Certification Certification of Compliance: By signing this Agreement, Subrecipient hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: 1. The dangers of drug abuse in the workplace; 2. Subrecipient’s policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation, and employee assistance program; and 4. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. C. Provide, as required by Government Code section 8355, subdivision (a}(3), that every employee and/or subrecipient that works under this Agreement: 1. Will receive a copy of Subrecipient’s drug free policy statement, and 2. Will agree to abide by terms of Grantee's condition of employment or subcontract. 11. Child Support Compliance Act For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, Including, but not limited to, disclosure of Information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and 2021/08/24 City Council Post Agenda Page 122 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 17 SUBCONTRACTOR AGREEMENT EXHIBIT C B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12. Special Conditions - Subrecipient/Subcontractor The Subrecipient agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of RTFH prior to disbursement of funds. The Subrecipient shall ensure that all Subcontractors are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP funds. Failure to comply with these conditions may result in termination of this Agreement A. The Agreement between the Subrecipient and any Subcontractor shall require the Subrecipient and its Subcontractors, if any, to: 1. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. 2. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. 3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Subrecipient or any subcontractor in performing the Work or any part of it. 4. Agree to include all the terms of this Agreement in each subcontract. 13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Subrecipient agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP program, the Subrecipient, its subcontractors, and all eligible activities. Subrecipient shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Subrecipient shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Subrecipient shall provide copies of permits and approvals to Agency upon request. 2021/08/24 City Council Post Agenda Page 123 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 18 SUBCONTRACTOR AGREEMENT EXHIBIT C 14. Inspections A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. SUBCONTRACTOR AGREEMENT EXHIBIT C B. Agency reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. B. The Grantee shall notify Agency immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency 2021/08/24 City Council Post Agenda Page 124 of 346 Regional Task Force on the Homeless Contract No. HHAP-2021-City of Chula Vista -1 19 SUBCONTRACTOR AGREEMENT EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. All proceeds from any interest-bearing account established by the Subrecipient for the deposit of HHAP funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP funds, must be used for HHAP-eligible activities. 2. Any housing-related activities funded with HHAP funds, including but not limited to emergency shelter. rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in-compliance or otherwise aligned with the core components of Housing First, pursuant to Welfare and Institutions Code section 8255, subdivision (b). 3. Subrecipient agrees to utilize its local Homeless Management Information System (HMIS) to track HHAP-funded projects, services, and clients served. Subrecipient will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP funding (e.g., by creating appropriate HHAP-specific funding sources and project codes in HMIS). 4. Subrecipient agrees to participate in the statewide data system or warehouse created by RTFH to collect local data from California continuums of care through the HMIS, and sign any required data use agreements allowing RTFH to access Subrecipient’s HMIS data for that purpose. 5. If Subrecipient is a continuum of care or is a jurisdiction that accepted redirected funding from a continuum of care, it shall review and execute a data use agreement no later than July 31, 2020, in order to ensure compliance with Health and Safety Code section 50219, subdivision (a)(7) and (10). Subrecipient’s failure to timely execute a data use agreement will constitute a breach of this Agreement. In this event, BCSH, in its sole and absolute discretion, may exercise any and all remedies permitted by this Agreement or by applicable law. 2021/08/24 City Council Post Agenda Page 125 of 346 1 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project Rev. 10/24/17 CITY OF CHULA VISTA AND CITY OF NATIONAL CITY CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH ALPHA PROJECT This Agreement is entered into effective as of August 24, 2021 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation, (“City”) and the City of National City, a chartered municipal corporation, (“National City”) and Alpha Project (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista, National City, and Alpha Project partnered to submit a Homeless Housing Assistance Program (“HAAP”) funding application with the Regional Task Force for Homeless (“RTFH”) to provide services to address homelessness; and WHEREAS, the application for HHAP was approved by the RFTH, but for an amount lower than requested, with the City of Chula Vista acting as the funding “pass through” entity under the terms of a subrecipient agreement with RFTH (Agreement No. HHAP-2021-City of Chula Vista -1); and, WHEREAS, THE City, National City, and Alpha Project desire to implement the programs/projects to be funded by the HAAP grant, with the services required to be provided by Contractor/Service Provider under this agreement split equally between City and National City; and, WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2021/08/24 City Council Post Agenda Page 126 of 346 2 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project Rev. 10/24/17 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City, National City, and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City and National City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City, and Contractor/Service Provider, as applicable, agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4. Reduction in Scope of Work/Additional Services. Should National City desire a reduction in the Scope of Work or wish to add Additional Services, the City and Alpha Project agree to meet and confer in good faith to negotiate an Amendment of this agreement to add or reduce services under this Agreement. 1.5 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.6 No Waiver of Standard of Care. Where approval by City or National City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider 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 Contractor/Service Provider or its subcontractors. 1.7 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this 2021/08/24 City Council Post Agenda Page 127 of 346 3 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project Rev. 10/24/17 Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney for the City of Chula Vista. 1.8 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code and the National City Municipal Code. 1.9 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain business licenses from City and National City. 1.10 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s and National City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.11 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 1.11 RTFH Agreement. This Agreement is subject to the terms of the related subrecipient agreement with RFTH (Agreement No. HHAP-2021-City of Chula Vista-1; referred to as “Subrecipient Agreement”) which is hereby fully incorporated by reference into this Agreement. In the event of any conflict of terms between this Agreement and the Subrecipient Agreement, the Subrecipient Agreement shall govern. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City, as the fiscal agent pursuant to HHAP agreement number HHAP-2021-City of Chula Vista-1, agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must 2021/08/24 City Council Post Agenda Page 128 of 346 4 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project Rev. 10/24/17 obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed to the Satisfaction of City and National City, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At Cit y’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of- pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out o f or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 2021/08/24 City Council Post Agenda Page 129 of 346 5 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project Rev. 10/24/17 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compen sation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City and National City, including their officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to City and National City, their officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City or National City, their officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to City and National City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City and National City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City and National City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City and National City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City and National City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. 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” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City and National City reserve the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements 2021/08/24 City Council Post Agenda Page 130 of 346 6 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project Rev. 10/24/17 evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City and National City, their elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), 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 Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or o missions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended 2021/08/24 City Council Post Agenda Page 131 of 346 7 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project Rev. 10/24/17 from time to time, the defense and i ndemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified . Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City and National City incur in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or 2021/08/24 City Council Post Agenda Page 132 of 346 8 City of Chula Vista Agreement No.: 2021-076 Consultant Name: Alpha Project Rev. 10/24/17 Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 National City Requirements. National City may also require to Contractor/Service Provider to abide by the terms of this Section 5 by providing written notice to Contractor/Service Provider of such requirement. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Defau lt”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided i n Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactoril y performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily 2021/08/24 City Council Post Agenda Page 133 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination against both the City and National City except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. This paragraph applies to National City if it is pursuing any suit or arbitration against City. In additional, this section applies to Contractor/Service Provider is pursuing any suit of arbitration against National City. 6.5 Governing Law/Venue. 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 San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 2021/08/24 City Council Post Agenda Page 134 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by all Parties. 8.2 Assignment. City and National City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Part y has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City and National City, including such records in the possession of sub-contractors/sub- Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City and National City a wholly independent contractor. Neither City and National City nor any of their officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City or National City, and none of them shall be entitled to any benefits to which City or National City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, neither City or National City will withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City and National City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City 2021/08/24 City Council Post Agenda Page 135 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 or National City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City or National City, or bind City or National City in any manner. 8.9 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 in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) 2021/08/24 City Council Post Agenda Page 136 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City, National City, and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they full y agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. ALPHA PROJECT BY: Bob McElroy, President and CEO CITY OF CHULA VISTA CITY OF NATIONAL CITY BY: BY: Maria Kachadoorian, Brad Raulston Chula Vista City Manager National City City Manager ATTEST BY: BY: Kerry K. Bigelow, MMC Luz Molina Chula Vista City Clerk National City City Clerk APPROVED AS TO FORM BY: BY: Glen R. Googins Charles E. Bell, Jr. Chula VistaCity Attorney National City City Attorney 2021/08/24 City Council Post Agenda Page 137 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Angelica Davis, Sr Management Analyst 276 Fourth Avenue; Building C 619-691-5036 adavis@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City of Chula Vista - City Attorney Glenn Googins, City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 ggoogins@chulavistaca.gov And, City of National City - City Attorney Charles E. Bell Jr. 1243 National City Blvd. National City, CA 91950-430 619-336-4220 E-mail: cbell@nationalcityca.gov B. Contractor/Service Provider Contract Administration: ALPHA PROJECT Karen Pucci, Director of Special Projects 3737 5th Ave Ste 203, San Diego, CA 92103 619-542-1877 karenp@alphaproject.org 2. Required Services A. General Description: Contractor shall provide services to City and National City related to the Homeless Emergency Assistance Program including, but not limited to: outreach; case management; and, housing navigation. The Required Services required under this Agreement are to be shared between the City and National City equally and consistent with the grant application and award. City and National City shall meet and confer in good faith, as needed, to ensure the required services are shared equally and consistent with the grant application and award. 2021/08/24 City Council Post Agenda Page 138 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 B. Detailed Description: Task Description Deliverables Completion Date 1 Outreach Establish supportive relationships with approximately 250 persons to enhance the possibility that approximately participants will access necessary services and supports that will help them move off the streets 06/30/2022 2 Case Management Case Management of approximately 50 homeless individuals and families in need of housing assistance 06/30/2022 3 Housing Navigation Housing-focused Case Management and Supportive Services for approximately 50 homeless individuals (households) in need of housing assistance and housing stabilization services while they are successfully referred to, matched to, and/or enrolled in permanent housing programs. 06/30/2022 4 Hotel/Motel Voucher Program Provide 50 one-time assistance to fund security deposits and/or short-term rental assistance for bridge or temporary housing stays hotel/motel vouchers rental subsidies. 06/30/2022 5 Tenant Based Rental Assistance Program Provide 30 individuals (or households) with permanent housing rental subsidies 06/30/2022 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin August 24, 2021 and end on June 30, 2021 for completion of all Required Services. 2021/08/24 City Council Post Agenda Page 139 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 4. Compensation: A. Form of Compensation ☒ Invoiced or agreed-upon amounts as follows: Agreed-Upon Cost Reimbursements are itemized under Sub: Alpha Project. Reimbursements are retroactive to July 1, 2021. Project Revenue Lead Agency (Chula Vista) Agency Two (National City)Sub: Alpha Project Total of all Agencies RTFH HHAP 179,000.00$ -$ -$ 179,000.00$ Other (Emergency Solutions Grant)60,000.00$ -$ -$ 60,000.00$ Other (PLHA )-$ 60,000.00$ -$ 60,000.00$ Other (PLEASE DESCRIBE)-$ -$ -$ -$ Total Project Revenue 239,000.00$ 60,000.00$ -$ 299,000.00$ Project Expenses HHAP Lead Agency (Chula Vista) HHAP Agency Two (National City)Sub: Alpha Project Total of all Agencies Personnel -$ -$ 203,000.00$ 203,000.00$ Fringe Benefits -$ -$ 50,750.00$ 50,750.00$ Operations -$ -$ 30,000.00$ 30,000.00$ Transportation -$ -$ 15,250.00$ 15,250.00$ Total Project Expenses -$ -$ 299,000.00$ 299,000.00$ Total -$ -$ 299,000.00$ 299,000.00$ 2021/08/24 City Council Post Agenda Page 140 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through Enter End of Contract Date shall not exceed Enter Amount. 5. Special Provisions: ☐Permitted Sub-Contractor/Service Providers: List Permitted Sub-Contractor/Service Providers or Indicate “None” ☐Security for Performance: See City Attorney or Indicate “None” if Not Applicable ☐Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. □ Other: Describe Special Provisions (Delete Line If Not Applicable) ☒None 2021/08/24 City Council Post Agenda Page 141 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City and National City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: “NONE” 2021/08/24 City Council Post Agenda Page 142 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act2 and the Chula Vista Conflict of Interest Code3 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.4 □ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED5 from disclosure. □ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of- interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐A. Full Disclosure ☐B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): ☐1. ☐2. ☐3. ☐4. ☐5. ☐6. ☐7. Justification: ☒C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the 2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 3 Chula Vista Municipal Code §§2.02.010-2.02.040. 4 Cal. Gov. Code §§53234, et seq. 5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who p articipates in making a governmental decision; “individual” does not include corporation or limited liability company). 2021/08/24 City Council Post Agenda Page 143 of 346 City of Chula Vista Agreement No.: 19105 Rev. 10/24/17 Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691 -5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Angelica Davis, Sr Management Analyst 2021/08/24 City Council Post Agenda Page 144 of 346 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) AUTHORIZING THE ACCEPTANCE OF A $179,000 HOMELESS HOUSING ASSISTANCE PROGRAM (HHAP) GRANT FROM THE REGIONAL TASK FORCE ON THE HOMELESS; (2) APPROVING AGREEMENTS WITH THE REGIONAL TASK FORCE ON THE HOMELESS AND WITH NATIONAL CITY AND THE ALPHA PROJECT TO IMPLEMENT THE CHULA VISTA-NATIONAL CITY REGIONAL HOMELESS PROGRAM; AND (3) APPROPRIATING FUNDS THEREFOR WHEREAS, in 2019, the State of California enacted the Homeless Housing Assistance Program (HHAP) as part of California Assembly Bill 101, which provides $300 million in block grants to cities and counties to address homelessness throughout the state; and WHEREAS, HHAP funds provide one-time flexible block grant funds to address immediate homelessness challenges, including prevention, criminal justice diversion programs to homeless individuals with mental health needs, and emergency aid; and WHEREAS, in accordance with HHAP regulations, this funding must be allocated through each community’s Continuum of Care (CoC), a federal program, administered by the San Diego Regional Taskforce on the Homeless (RTFH), that promotes community-wide planning and strategic use of resources to address homelessness; and WHEREAS, in March 2019, the RTFH released a Notice of Funding Availability (NOFA) for funding to solicit proposals for HHAP funds from eligible organizations; and WHEREAS, the City, as the lead applicant, with its collaborative partners, the City of National City and Alpha Project applied for HHAP funds to continue its regional efforts in addressing homeless issues and impacts; and, WHEREAS, in May 2021, the RTFH notified the City of its award of $179,000 in HHAP funds; and, WHEREAS, in order to receive the $179,000 in HHAP funds from the RTFH, the City must enter into an Agreement with the RTFH; and WHEREAS, a 3-Party Agreement among the City, National City and Alpha Project also is required to implement and administer the program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts a $179,000 HHAP grant for year two from the Regional Task Force on the Homeless; and 2021/08/24 City Council Post Agenda Page 145 of 346 Resolution No. 2021- Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes and directs the City Manager or designee to execute documents necessary to obtain the grant; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the agreements between the City and the Regional Task Force on the Homeless and among the City, National City and the Alpha Project, to implement the Chula Vista-National City Regional Homeless Program, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager or designee to execute same; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates funds, specifically $179,000 to the Supplies and Services categories of the Housing Authority Fund from the HHAP grant award. Presented by Approved as to form by TIFFANY ALLEN GLEN R. GOOGINS Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 146 of 346 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE DECLARATION OF A SHELTER CRISIS WITHIN THE MEANING OF GOVERNMENT CODE SECTION 8698 WHEREAS, California’s Governor and the members of the California Legislature (“Legislature”) have recognized the urgent and immediate need for funding at the local level to combat homelessness; and, WHEREAS, the City of Chula Vista (the “City”) has developed a homelessness plan and undertaken multiple efforts at the local level to combat homelessness; and, WHEREAS, the 2020 Regional Task Force on the Homeless Point-In-Time Count, conducted in January 2020, identified a total of 473 homeless persons within the City, equating to approximately 6.3% of the entire homeless population in the San Diego region; and, WHEREAS, the City finds that the number of homeless is significant, and these persons are without the ability to obtain shelter and at risk of injury and harm due to exposure to the elements and other health, safety and welfare-related circumstances and consequences associated with living outside; and, WHEREAS, such homeless overnight lodging in public spaces also has an adverse effect on the health and safety of the people in the City, including the homeless population; and, WHEREAS, the City Council affirms the City of Chula Vista’s commitment to combatting homelessness and creating or augmenting a continuum of shelter and service options for those living without shelter in our communities; and, WHEREAS, the current number of homeless individuals in Chula Vista far outpaces the number of existing transitional housing available; and, WHEREAS, unauthorized homelessness encampments are increasing across the City of Chula Vista within the public right of way, thus exposing homeless individuals to traffic hazards, crime, risk of death and injury, exposure to weather, lack of adequate sanitation and debris services, and other conditions that are detrimental to their health and safety; and, WHEREAS, analysis and evidence have demonstrated that providing decent, safe and stable housing combined with crucial support services are two primary components of successful transition from homelessness to a safer and healthier way of living; and WHEREAS, given the extent of the shelter crisis, the City Council of the City of Chula Vista finds that more immediate and expeditious efforts are necessary to develop additional shelter solutions that are safe and meet basic habitability standards and that flexibility and broad based approaches are essential to increase capacity; and, 2021/08/24 City Council Post Agenda Page 147 of 346 Resolution No. 2021- Page 2 WHEREAS, California Government Code section 8698, et seq., allows the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety; and, WHEREAS, California Government Code section 8698.1 provides that, upon a declaration of a shelter crisis, the provisions of any state or local regulatory statute, regulation or Resolution prescribing standards of housing, health, or safety, as applied to public facilities, shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis; and, WHEREAS, California Government Code section 8698.2 provides that, upon a declaration of a shelter crisis, a city may allow persons unable to obtain housing to occupy designated public facilities (including facilities leased by the city) during the duration of the crisis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that a Shelter Crisis pursuant to Government Code section 8698.2 exists in Chula Vista because the substantial unsheltered homeless population in the City is at risk of injury and harm due to exposure to the elements and other health, safety, and welfare-related circumstances and consequences associated with living outside, and because the impact of homeless overnight lodging in City parks and on public sidewalks, parking lots, canyons and riverbeds has an effect on physical environmental resources, as well as on the use and enjoyment of public spaces for their intended purposes by the public at-large, and such homeless overnight lodging in public spaces also has an adverse effect on the health and safety of the people in the City; and, BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the declaration of a Shelter Crisis implements the provisions of Government Code section 8698.1(b) which provides that for the term of the Shelter Crisis, “the provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards for housing, health, or safety with regard to specified “ public facilities”) shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis.” The City Council authorizes the City Manager, pursuant to Government Code section 8698.1(b), at the City Manager’ s discretion and with City Council approval, to establish and apply interim health and safety provisions and land use controls (collectively referred to “ health and safety standards”) to impacted public facilities to ensure minimal public health and safety; and, BE IT FURTHER RESOLVED by the City Council of Chula Vista that this Resolution shall remain in place until June 30, 2023. Presented by Approved as to form by TIFFANY ALLEN GLEN R. GOOGINS Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 148 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Chula Vista Bayfront: Approve the Bayfront Phase 1A Early Work Implementation and Right-of-Entry Agreement Between the City, the San Diego Unified Port District, the Chula Vista Bayfront Facilities Financing Authority, and RIDA Chula Vista, LLC Report Number: 21-0137 Location: Parcel H-3 of the Chula Vista Bayfront Master Plan Area Department: Development Services Environmental Notice: The Director of Development Services has reviewed the proposed approvals for compliance with the California Environmental Quality Act (CEQA) and has determined that the activities involved with such approvals were covered in previously adopted Environmental Impact Report UPD#83356-EIR-65B/SCH#2005081077, and the addendums thereto. The proposed City Council actions are merely a step-in furtherance of the original project for which environmental review was performed. No circumstances have arisen triggering any supplemental or subsequent CEQA analysis requirements. Accordingly, no further environmental review is required for this item. Recommended Action Adopt a resolution approving the Chula Vista Bayfront Project Phase 1A Early Work Implementation and Right-of-Entry License Agreement by and among the San Diego Unified Port District, the City, the Chula Vista Bayfront Facilities Financing Authority, and RIDA Chula Vista, LLC. SUMMARY The Chula Vista Bayfront Master Plan (the “CVBMP”) represents the last significant waterfront development opportunity in Southern California and is the result of a decade-long joint planning effort by a broad coalition of stakeholders, including the San Diego Unified Port District (the “Port District”) and the City. Tonight’s action continues the City’s approval process for development of a large-scale destination resort hotel (the “Resort Hotel”) and convention center (the “Convention Center”) on parcel H-3 of the CVBMP (the “Project Site”) by providing RIDA Chula Vista, LLC (RIDA) with early access to the Project Site. Early access to the Project Site is recommended in order to provide greater efficiency in the construction of the certain public infrastructure improvements and shorten RIDA’s overall construction schedule. 2021/08/24 City Council Post Agenda Page 149 of 346 P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed approvals for compliance with the California Environmental Quality Act (CEQA) and has determined that the activities involved with such approvals were covered in previously adopted Environmental Impact Report UPD#83356-EIR- 65B/SCH#2005081077, and the addendums thereto (collectively, the “Project FEIR”). The proposed City Council actions are merely a step-in furtherance of the original project for which environmental review was performed. No circumstances have arisen triggering any supplemental or s ubsequent CEQA analysis requirements. Accordingly, no further environmental review is required for this item. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On June 15, 2021, the City Council approved a Project Implementation Agreement (PIA) by and among the City, the Bayfront Project Special Tax Financing District (the “Bayfront Financing District”), the Port District, the Chula Vista Bayfront Facilities Financing Authority (the “Authority”), and RIDA. The PIA obligates RIDA to cause the development and construction of the Resort Hotel, the Convention Center, and certain ancillary public infrastructure necessary for development of the initial phase of the CV BMP (the “Developer’s Phase 1A Infrastructure Improvements”) after the Close of Escrow (as defined in the Disposition and Development Agreement between the City, the Port District, and RIDA entered into as of May 7, 2018). RIDA has requested early access to the Project Site and adjacent areas (the “ROE Premises”) in order to undertake preliminary work on certain of the Developer’s Phase 1A Infrastructure Improvements (the “Early Work”), which RIDA contends will allow for greater efficiency in the construction of the Developer’s Phase 1A Infrastructure Improvements post-Close of Escrow and shorten their overall construction schedule. In order to provide the requested access, the proposed Chula Vista Bayfront Project Phase 1A Early Work Implementation and Right of Entry License Agreement (the “ROE Agreement”) by and among the Port District, the City, the Authority, and RIDA has been negotiated and is recommended for approval and execution. The Early Work generally consists of the construction and backfill of a trench with installation of electrical facilities across the ROE Premises, which will provide electrical power to adjoining Port District tenants during RIDA’s construction of the Developers Phase 1A Infrastructure Improvements, the Resort Hotel, and the Convention Center (together, the “Project”) . Existing sewer and water mains on the ROE Premises will also be capped. The budget for the Early Work is currently estimated to total $696,448. Pursuant to the PIA, the Authority will reimburse RIDA for the development and construction of the Developer’s Phase 1A Infrastructure Improvements, subject to certain requirements, including but not limited to the issuance of bonds by the Authority and the Close of Escrow. The ROE Agreement provides that RIDA shall be reimbursed from the bond proceeds, should the financing and Close of Escrow occur as anticipated. Should Close of Escrow not occur due to termination of the DDA, the City and Port District will reimburse RIDA for the cost of performing the Early Work, incurred as of the date of the termination. This reimbursement will be funded using the existing revenues that are currently being set aside and reserved for Bayfront related expenditures pursuant to the Third Amended and Restated Revenue Sharing Agreement by and among the City, the Port District, and the Authority. 2021/08/24 City Council Post Agenda Page 150 of 346 P a g e | 3 The ROE Agreement conditions RIDA’s entry of the ROE Premises and their performance of the Early Work on providing appropriate insurance, payment and performance bonds, payment of prevailing wages, and indemnification of the City, Port District, and the Authority. The Early Work will be subject to the Authority’s Procurement Policy and will generally be procured in the same manner as the larger Developer’s Phase 1A Infrastructure Improvement scope. The primary difference is that RIDA intends to serve as the prime contractor for the Early Work (MMJV will be the prime contractor for the remainder of the Project). RIDA has committed to competitively bid out the Early Work and to not seek reimbursement for any contractor fees paid to itself for serving as the prime contractor. The ROE Agreement will remain in effect until the earlier of: 1) the completion and acceptance of the Early Work by the appropriate public entity or 2) one year, with provisions for reasonable extension. Next Steps The ROE Agreement was approved by the Port District Board of Port Commissioners on August 10th. Approval by the Authority will be considered on September 1st. RIDA will be authorized to commence work once all public entity approvals are complete and all required permits have been issued. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund as a result of this action. ONGOING FISCAL IMPACT Should the anticipated financing be secured, and Close of Escrow occur, RIDA will be eligible for reimbursement of costs incurred in performing the Early Work, pursuant to the terms of the proposed ROE Agreement. Should Close of Escrow not occur, the City and Port District will equally share in the cost of reimbursing RIDA for costs incurred in performing the Early Work through the termination date of the DDA. Such reimbursement will be made from the existing revenues currently being set aside and reserved for Bayfront related purposes by each agency, pursuant to the Third Amended and Restated RSA. ATTACHMENTS 1. ROE Agreement Staff Contact: Tiffany Allen, Director of Development Services 2021/08/24 City Council Post Agenda Page 151 of 346 CHULA VISTA BAYFRONT PROJECT PHASE 1A EARLY WORK IMPLEMENTATION AND RIGHT OF ENTRY LICENSE AGREEMENT This Phase 1A Early Work Implementation and Right of Entry License Agreement, hereinafter "Agreement", is entered into as of ____, 2021 (the “Effective Date”), by and among the San Diego Unified Port District, a public corporation ("District"), the City of Chula Vista, a chartered municipal corporation (“City”), the Chula Vista Bayfront Facilities Financing Authority, a California joint exercise of powers authority (“Authority”), and RIDA Chula Vista, LLC, a Delaware limited liability company (“Developer”). District, City, and Authority may be referred to collectively herein as the “Public Entities”. The Public Entities and Developer may each be individually referred to herein as a "Party", or collectively herein as the "Parties”. RECITALS a. On or about May 7, 2018, the District, City, and Developer entered into a Disposition and Development Agreement (“DDA”) to construct, among other things, a convention center, resort hotel and public infrastructure improvements, which includes Developer’s Phase 1A Infrastructure Improvements (as defined in the DDA). Pursuant to the DDA, at the Close of Escrow (as defined in the DDA), the District and Developer will enter into a ground lease for the construction of the resort hotel. The Board of Port Commissioners approved the ground lease on June 15, 2021 (the “Ground Lease”). b. At the Close of Escrow, the District, the City, the Authority, the Bayfront Project Special Tax Financing District and the Developer will enter into a project implementation agreement (as amended, amended and restated, supplemented or otherwise modified from time to time, the "Project Implementation Agreement"), pursuant to which, among other things, the Authority will pay the Developer's Phase 1A Contract Sum (as defined therein) to the Developer in connection with the development and construction of the Developer's Phase 1A Infrastructure Improvements (as defined in the DDA). The Board of Port Commissioners approved the Project Implementation Agreement on June 15, 2021, the City Council of the City of Chula Vista approved the Project Implementation Agreement on June 15, 2021, and the governing board of the Authority approved the Project Implementation Agreement on June 28, 2021. c. The District owns certain real property located in Chula Vista, California, more particularly described on Exhibit “A-1” and delineated on Exhibit "A-2", which is attached hereto and incorporated herein by this reference (the "Premises"). d. The Developer’s Phase 1A Infrastructure Improvements (as defined in the DDA) 2021/08/24 City Council Post Agenda Page 152 of 346 2 include the work that is more particularly described on Exhibit “B”, which is attached hereto and incorporated herein by this reference (the “Work”), and more particularly described in the work plan attached as Exhibit “B-1” (“Work Plan”). e. As described in the Work Plan, the Work generally consists of construction and backfill of a trench with installation of electrical facilities across the Premises, which will provide electrical power to adjoining tenants during Developer’s construction of the Developer’s Phase 1A Infrastructure Improvements, convention center, and resort hotel. As described in the Work Plan, some of the electrical facilities are intended to serve temporarily during construction of the Developer’s Phase 1A Infrastructure Improvements, convention center, and resort hotel, and to be removed by Developer upon completion of the construction of the Developer’s Phase 1A Infrastructure Improvements, resort hotel, and convention center. f. The DDA contemplates that the Developer will develop Developer’s Phase 1A Infrastructure Improvements, including the Work, after the Close of Escrow (as defined in the DDA). g. Developer has now requested early access to the Premises – i.e., prior to the Close of Escrow – in order to perform the Work, which Developer contends will allow for greater efficiency in the construction of the Developer’s Phase 1A Infrastructure Improvements post-Close of Escrow and shorten Developer’s construction schedule. h. The Public Entities are willing to permit Developer to perform the Work subject to the terms and conditions set forth herein. i. Under the DDA, the Developer is to be reimbursed for the Phase 1A Infrastructure Costs (as defined in the DDA) if certain requirements are met, including but not limited to, the issuance of bonds by the Authority at the Close of Escrow. j. On January 8, 2020, the Board of Directors of the Authority (“Authority Board”) adopted Resolution 2020-001 initially establishing a Procurement Policy for developer-performed public works, which the Authority Board further ratified through Resolution 2020-007 (“Procurement Policy”). k. Pursuant to Section 5 of the Procurement Policy, the Authority may require a developer to enter into an agreement to clarify the procurement procedures for a particular project. l. The Parties therefore intend to enter into this Agreement in order to comprehensively address each Party’s respective obligations with respect to the Work, and in particular: (1) the terms and conditions upon which the District will grant Developer a license for the right to enter the Premises prior to Close of Escrow, (2) the terms and conditions upon which the Developer may perform the 2021/08/24 City Council Post Agenda Page 153 of 346 3 Work, (3) the terms and conditions upon which the Developer will be paid for the Work, and (4) the process that the Developer will follow to procure the Work. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto mutually agree as follows: 1 REFERENCES 1.1. Effective Date. This Agreement shall become effective upon the completion of the following two conditions precedent: (1) each of the Parties duly approves this Agreement through its respective Board of Directors, Board of Port Commissioners, City Council, principals or members, as the case may be, and the authorized representative of each Party executes this Agreement, and (2) the Authority adopts a Resolution making findings on the procurement process set forth in this Agreement. 1.2. Right of Entry License. Article 7 of this Agreement contains the terms and conditions upon which the District grants a license to Developer and its authorized agents and contractors to enter the Premises to perform the Work. (Article 7 will be referred to as the “Right of Entry License.”) 1.3. DDA. The Parties acknowledge and agree that the District, City, and Developer are all parties to the DDA, and this Agreement is not intended to be a limitation of any rights or obligations contained in the DDA, unless expressly stated herein. In the event of a conflict between the DDA and this Agreement, the terms of this Agreement shall control. 1.4. Representatives. Each Party to this Agreement shall have a designated representative to serve as the primary contact person with regard to various aspects of the implementation of this Agreement (each, a ”Representative”). The Representatives of the Parties shall be: Developer: Luke Charlton, Chief Operating Officer District: Adam Meyer, Assistant Director of Real Estate and Stephanie Shook, Department Manager, Real Estate City: Tiffany Allen, Director of Development Services and Kimberly Elliot, Facilities Financing Manager Authority: For the District, Adam Meyer, Assistant Director of Real Estate and 2021/08/24 City Council Post Agenda Page 154 of 346 4 Stephanie Shook, Department Manager, Real Estate; for the City, Tiffany Allen, Director of Development Services and Kimberly Elliot, Facilities Financing Manager. The Representatives for each Party may be changed from time to time upon written notice to the other Parties. The roles and obligations of the Representatives shall be limited to those set forth in this Agreement. 2 WORK TO BE PERFORMED AT DEVELOPER’S RISK 2.1. Limitations. Developer agrees to perform the Work at Developer’s own cost and expense subject to Developer’s right to reimbursement as set forth in Sections 2.2 and 2.3 of this Agreement. Except as set forth in this Agreement, Developer shall have no recourse against the Public Entities for any costs or expenses incurred by Developer related to this Agreement or the Work. Notwithstanding anything to the contrary herein, nothing in this Agreement shall amend, modify, limit or supersede Developer's right to reimbursement or payment for any work other than the Work from any of the Public Entities under any other agreement between Developer and such Public Entity. a. No Consequential Damages. No Public Entity shall, in any event, be liable to Developer or any other person, either in contract, tort or otherwise, for any consequential, incidental, indirect, special or punitive damages, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof, whether or not the possibility of such damages has been disclosed to the other Party in advance or could have been reasonably foreseen by such other Party. The foregoing shall not preclude the Developer from enforcing its right to receive reimbursement as set forth in Section 2.2 or 2.3 of this Agreement. 2.2. Reimbursement from Authority if the Close of Escrow Occurs. Provided that the Close of Escrow has occurred and the Project Implementation Agreement has been executed by the parties thereto in connection with the Close of Escrow, then the costs and expenses actually incurred by Developer in performing the Work hereunder, and not already paid or reimbursed by the Public Entities and in an amount not to exceed the Budget (defined below), shall be deemed to be part of Developer's Phase 1A Contract Sum (as defined in the Project Implementation Agreement), and the Developer shall be entitled to reimbursement of such part of Developer's Phase 1A Contract Sum under and in accordance with the Project Implementation Agreement and this Section 2.2. 2021/08/24 City Council Post Agenda Page 155 of 346 5 a. Budget. Attached hereto as Exhibit “E” is the line item budget for the Work, which has been approved by the Public Entities (such budget and any amendments, supplements or other modifications thereto, in each case, as approved by the Public Entities from time to time in accordance with this Agreement, the “Budget”). b. Budget Increases. The appropriate line item on the Budget will increase by the amount of incremental costs that Developer actually incurs in connection with the Work (including, without limitation, as a result of any Cost Increase Event (as defined below) (less the amount of insurance proceeds that Developer receives for such Cost Increase Event)), and such incremental costs shall be part of the Budget if and to the extent permitted by this Agreement. Developer shall use reasonable efforts to prosecute each and every insurance claim with respect to any Cost Increase Event that is covered by the insurance policies procured in accordance with this Agreement. During the Work, Developer shall promptly notify the Public Entities of any additional costs for the Work that are not included in the Budget, including, without limitation, as a result of any Cost Increase Event, and if applicable, request that such additional costs be included in the Budget. Developer shall not request the inclusion of additional costs in the Budget to the extent resulting from Developer’s or Developer Affiliates’ (as defined below) negligence or willful misconduct, and such additional costs shall not constitute a “Cost Increase Event”. “Cost Increase Event” shall include any of the following events individually or in any combination, to the extent that (x) such event is not caused by the negligence or willful misconduct of Developer or Developer Affiliates and (y) such event increases the cost of performing the Work: (i) a strike, or similar labor disturbances causing a work stoppage, excluding any such strike or work stoppage that could have been avoided had Developer or Developer Affiliates complied with applicable laws or labor agreements with respect to the Work, if any; (ii) hurricanes, typhoons, tornadoes, cyclones, other severe storms, lightning or floods; (iii) days of precipitation or high winds in any month in excess of ten (10) year average for the area within the District’s jurisdiction; (iv) an earthquake, volcanic eruptions, explosions, disease, epidemics or other natural disaster; (v) fires (including wildfires); 2021/08/24 City Council Post Agenda Page 156 of 346 6 (vi) inability to procure labor, utilities, equipment, materials, or supplies in the open market due to lack of availability (but, in each case, not attributable to a mere increase in price or Developer’s or Developer Affiliates’ acts or failure to act); (vii) acts of war or armed conflict, insurrections, riots, and acts of terrorism (including hijacking, chemical or biological events, nuclear events, disease related events, arson or bombing) or, with respect to any of the foregoing, any threat thereof; (viii) delays in the issuance of any approvals or authorizations from any governmental authority (excluding any of the Public Entities) that is necessary to proceed with the performance of the Work (provided that Developer or Developer Affiliates have timely and properly filed all applications, submitted all required documents and fees and taken all other reasonable actions that are necessary to obtain such approvals or authorizations and that Developer or Developer Affiliates are not responsible for the delay in the issuance of such approvals or authorizations); (ix) an act of God; (x) embargoes or blockades; (xi) Pre-Existing Hazardous Material (as defined in the Ground Lease) that is not the result of Material Exacerbation (as defined in the Ground Lease); or (xii) closures ordered by any Governmental Authority that do not arise from a breach of this Agreement or misconduct by Developer or Developer Affiliates; (xiii) any change in applicable law that is first effective after the Effective Date; (xiv) any breach or interference with performance of the Work by the governmental entities, including any Public Entity; (xv) any changes to the Work required by any public utility entity or any governmental entity, including any Public Entity; or (xvi) any other event or circumstance (including, without limitation, bids for the Work, and expenses described in Section 7.12, that exceed the Budget) resulting in an unforeseen cost or cost increase not otherwise contained in the Budget and that does not result from the negligence or willful misconduct of Developer or any Developer 2021/08/24 City Council Post Agenda Page 157 of 346 7 Affiliate. If any Cost Increase Event shall occur, Developer shall, promptly but in no event later than ten (10) days after Developer learns of the occurrence of such Cost Increase Event, notify the Public Entities thereof, which notice must be made in good faith and describe the Cost Increase Event, why such cost increase is occurring, the estimated expected amount of the cost increase, and the commercially reasonable efforts that the Developer is taking to minimize the cost increase. The Public Entities shall, promptly but in no event later than ten (10) days after receipt of such notice, notify Developer whether (x) Developer shall continue with performing the Work, in which case the appropriate line item on the Budget shall increase by the amount of incremental costs that Developer reasonably and actually incurs as a result of any Cost Increase Event in accordance with this Agreement, or (y) Developer shall stop performing the Work, in which case Developer shall immediately stop all Work except any Work required to secure the Work, Work area and the Premises to the satisfaction of the District, and the Parties shall proceed under Section 2.3. c. Increase in Payment Bonds. Any adjustment to the Budget in accordance with Section 2.2(b) shall include a proportional increase in the penal sums of the Payments Bonds (as defined below). Authority’s reimbursement of such bond cost increases shall not exceed the actual cost of increasing the penal sum of such bonds. d. Work Reimbursement Costs. During each month after the commencement of the Work, Developer shall submit to the Public Entities a record of costs that have been incurred with respect to the Work during the immediately preceding month (a “Record of Costs”). No later than thirty (30) Business Days after the Public Entities receive a Record of Costs, the Public Entities shall review such Record of Costs and shall, in their reasonable discretion, determine whether the costs set forth in such Record of Costs have been incurred by Developer in performance of the Work and do not cause the aggregate amount of such costs to exceed the Budget, and shall provide a notice of their determination to Developer. Any costs so determined by the Public Entities to have been incurred by Developer in performance of the Work up to the amount of the Budget shall hereinafter be referred to as “Work Reimbursement Costs”. After the Close of Escrow, the Authority shall reimburse Developer for all Work Reimbursement Costs. 2.3. Reimbursement from Public Entities if the Close of Escrow Does Not Occur. In the event that the Close of Escrow does not occur due to a termination of the DDA by 2021/08/24 City Council Post Agenda Page 158 of 346 8 any of the Parties, and such termination was not the result of a breach of Developer’s obligations under the DDA, this Agreement, or any other agreement setting forth Developer’s obligations to the Public Entities prior to the Close of Escrow, Developer shall be entitled to reimbursement for the Work Reimbursement Costs incurred as of the date of the termination, with each of the District and the City being responsible for payment to Developer of fifty percent (50%) of the Work Reimbursement Costs incurred by Developer as of the date of the termination. Provided that such termination occurs prior to the Contribution Date (as defined in the RSA (as defined below)), the Authority, the District, and the City acknowledge and agree that the Work Reimbursement Costs may be paid by the District and the City from Existing Funds (as defined in the RSA) pursuant to Section 3.2(D) of the RSA (defined below) and each of the City and the District agree to approve any accounting submitted to one another pursuant to Section 3.2(F) of the RSA that reasonably details the payment of such Work Reimbursement Costs to Developer that does not exceed such party’s share of the Work Reimbursement Costs. a. This Agreement is not intended to amend, modify, limit or supersede any separate agreement or understanding of the Public Entities as to the allocation of costs between City, District, and Authority related to the Developer’s Phase 1A Infrastructure Improvements, including but not limited to the Project Implementation Agreement and that certain Third Amended and Restated Revenue Sharing Agreement, dated June 28, 2021, by and among the City, the District and the Authority (as amended, amended and restated, supplemented or otherwise modified from time to time, the “RSA”). 3 DEVELOPER’S RESPONSIBILITIES 3.1. Conditions. Prior to and as a condition of performing any Work and entering onto the Premises pursuant to the Right of Entry License: a. Insurance. Developer shall purchase and maintain insurance that will protect District, City, and Authority from claims which may result from the undertakings of the Developer and Developer’s Affiliates, under this Agreement, including without limitation the performance of the Work and use of the Premises, in the applicable limits set forth in Section 4.11 of the DDA and in the manner set forth in Sections 4.10 and 4.12-4.13 of the DDA, if and to the extent applicable to the Work, with the exception that (x) Worker’s Compensation may be carried by the prime contractor (including Developer to the extent Developer is serving as prime contractor) or 2021/08/24 City Council Post Agenda Page 159 of 346 9 applicable subcontractors for their own workers and (y) General Liability limits are amended to read $1,000,000 per occurrence and $2,000,000 in the aggregate; provided, that at all times such insurance shall cover the Work, the Premises, and any person or entity performing Work or on the Premises pursuant to this Agreement or the Right of Entry License. The insurance certificates shall be in the form attached as Exhibit “D”. b. Bonds. Developer shall furnish to the District, City, and Authority a Payment Bond and Performance Bond (each as defined in the DDA), which shall be procured in the same manner and to the same extent as required for Developer’s Phase 1A Infrastructure Improvements as provided in Section 4.14 of the DDA. Each Bond shall be in an amount equal to 100% of the Budget. c. Prevailing Wages. The Work is “Public Work” pursuant to the PWL (as defined in Section 4.16 of the DDA) and Developer and Developer’s Affiliates shall comply with all requirements of section 4.16 of the DDA in their performance and completion of the Work. d. Indemnity. Without limitation of the Developer’s other obligations under this Agreement, the Developer agrees, at its sole cost and expense, and with counsel selected by the applicable Public Entities, each in its reasonable discretion, and approved by Developer in its reasonable discretion, to indemnify, defend and hold harmless the District, the City and the Authority, and their respective officers, directors, commissioners, employees, partners, affiliates, agents, contractors, successors and assigns (“Public Entities Parties”) from any claims, demands, actions, causes of action, suits (collectively, “Claims”) and any costs, damages (of all kinds including punitive damage, diminution in value and loss of use), claims, liabilities, expenses (including reasonable attorneys’, consultants’ and experts’ fees), losses, fines, penalties and court costs related to the subject matter of such costs (collectively, the “Related Costs”) and amounts paid in settlement of any claims or actions related to the subject matter of the Related Costs (as determined by the District, City and/or Authority, as applicable), arising out of: (a) the obligations undertaken by the Developer and its officers, directors, employees, partners, affiliates, agents, contractors, consultants, invitees, successors and assigns (each a “Developer Affiliate”, and collectively, the “Developer Affiliates”) in connection with this Agreement, including the Right of Entry License; (b) the possession, use, occupancy, operation or development of the 2021/08/24 City Council Post Agenda Page 160 of 346 10 Premises by the Developer or the Developer Affiliates; (c) the approval of this Agreement or the approval of permits or approvals granted to the Developer or a Developer Affiliate related to the Work or the Premises, including, but not limited to, approvals or permits for the development of any structures, buildings, installations, and improvements on the Premises, or use of the Premises (collectively, “Related Approvals”); (d) any third party challenges to the approval of the Work and the Related Approvals; (e) the granting or failure to grant any approvals set forth in this Agreement (collectively, “Discretionary Approvals”); (f) environmental documents, mitigation and/or monitoring plans, or determinations conducted and adopted pursuant to CEQA or the National Environmental Policy Act for this Agreement, Related Approvals or Discretionary Approvals; and (g) the Developer’s obligation to comply with the PWL with respect to the Work. If any Public Entity determines in its reasonable discretion that there is a conflict of interest with the Developer's counsel representing an applicable Public Entity and the Developer, then such Public Entity, at the election of the relevant Public Entity, may conduct such defense with its own counsel independent from the Developer’s counsel that is selected by such Public Entity in its reasonable discretion and is approved by the Developer in its reasonable discretion (and in that event the Developer will select its own counsel) and the reasonable costs incurred by such Public Entity in such defense shall be covered by the foregoing indemnification, hold harmless and defense obligations. If any Public Entity determines in its reasonable discretion that there is a conflict of interest with counsel representing such Public Entity and the other Public Entity Parties, then such Public Entity, at its election, may conduct its own defense with its own counsel independent from the other Public Entity Parties’ counsel which such Public Entity’s counsel is approved by the Developer in its reasonable discretion (and in that event such Public Entity will select its own counsel) and the reasonable costs incurred by such Public Entity in such defense shall be covered by the foregoing indemnification, hold harmless and defense obligations. e. Survival. This Article 3 shall survive the expiration or earlier termination of this Agreement. 2021/08/24 City Council Post Agenda Page 161 of 346 11 4 PROCUREMENT OF THE WORK 4.1. Procurement Rules. Developer acknowledges that, as a condition for Authority to reimburse the Work, the procurement of the Work must be done in accordance with Authority’s Procurement Policy. Except where provisions of the Procurement Policy are duly and expressly waived in this Agreement, by resolution of the Authority Board or by the Executive Director of the Authority, as applicable, Developer shall comply with, and cause its contractor(s) for the Work to comply with, the terms of the Procurement Policy. 4.2. Agreement as to Procurement Process. Pursuant to Section 5 of the Procurement Policy, the Authority may require developers to enter into an agreement to clarify the procurement procedures for developer-performed public work. This Agreement shall serve to clarify the procurement procedures for the Work. 4.3. Developer as Prime Contractor. Pursuant to Section 1.c of the Procurement Policy, a developer may serve as a prime contractor, provided that the Authority finds, in accordance with the Procurement Policy, that the developer is qualified and competent to complete the work. Developer has informed the Public Entities that it intends to serve as the prime contractor for the Work, and Developer agrees to: (1) competitively bid the subcontracts for the Work in the manner set forth in Section 4.6 of this Agreement, and (2) not seek reimbursement from Authority for any contractor fee Developer pays itself for serving as prime contractor. 4.4. Public Entities’ Approval. Prior to the commencement of the Work, the Public Entities shall approve the plans and specifications with respect to the Work; provided that in the case of the City only, such plans and specifications shall be deemed approved if and when the City issues a building permit with respect to the Work. For this particular Work, Developer shall not be required to contribute toward the District’s Art Program as set forth in the District’s Tenant Percent For Art Program (BPC Policy No. 608) as provided in Section 4.1(c) of the DDA, but by excluding the Work from the requirements of BPC Policy No. 608, the District does not waive any of its rights to require Developer’s participation as it relates to other work to be performed by Developer pursuant to the DDA. 4.5. Authority Approval of Bid and Contract Documents. Pursuant to Section 2.b of the Procurement Policy, Developer shall submit bid and contract documents to the Authority for approval prior to commencement of the Work. Developer’s submittal shall include any applicable governmental approvals, including any applicable City permits. Bid and contract documents for the Work shall comply with this Agreement. Developer shall not advertise for bids until Authority has approved the bid and contract documents. Approval by any of the Public Entities of Developer’s 2021/08/24 City Council Post Agenda Page 162 of 346 12 bid and contract documents, including plans and specifications, shall not relieve Developer of liability for any improper design or construction of the Work. 4.6. Process for Subcontractor Bids. Developer will conduct the subcontractor bidding process and shall take responsibility for its implementation in accordance with the Procurement Policy and this Agreement. Nothing shall preclude Developer from proceeding with a bidding process that Developer performed prior to the Effective Date, provided that the bidding process satisfies the requirements of the Procurement Policy and this Agreement. The bidding process shall be as follows: a. Budget. The line items within the Budget shall be the engineer’s estimate referenced in the Procurement Policy. b. Advertisement. Developer will post a formal advertisement for bids (the “Advertisement for Bids”) at least twenty-one (21) business days prior to the deadline for receiving bids (the “Bid Receipt Deadline”). The Advertisement for Bids will be in the publications selected by Developer. The Advertisement for Bids will generally describe the scope of the work and process to be used. c. Pre-Bid Meeting. No sooner than 5 business days, and no later than 10 business days, following the posting of the Advertisement for Bids, Developer or its authorized representative will hold an electronic pre-bid meeting in order to answer any questions that prospective bidders may have. d. Bidder Qualifications. All bidders shall be licensed for such bidder’s respective scope of work in the State of California, shall be registered with the Department of Industrial Relations to perform public works prior to submitting their respective bids, and shall not be debarred from performing work by any federal or state agency or by the City or District. e. Sealed Bids. All bids shall be sealed and opened concurrently at a public bid opening. f. Bid Awards. Developer shall consider all sealed responsive bids that are submitted on or before the Bid Receipt Deadline. Developer shall award subcontracts to the lowest responsive and responsible bidder, or the bidder that is determined by Developer to be the “best qualified contractor” (as defined in Section 2.d. of the Procurement Policy), subject to Authority’s reasonable approval. Developer may, at its option, waive any defect in any bid. Developer shall not award any bid that is more than 10% above the Budget for the Work, in the case where the bid is for the entire Work, or the line item in the Budget where the bid is only for a portion of the Work, unless 2021/08/24 City Council Post Agenda Page 163 of 346 13 the Developer receives the Authority’s written consent (in the Authority’s sole discretion). This Section 4.6(f) shall not limit Developer's right to seek an adjustment to the Budget for any cost or expense actually incurred by Developer in performing the Work hereunder and that exceeds such 10% threshold, pursuant to Section 2.2(b) for a Cost Increase Event. Developer shall provide copies of the bids to the Public Entities prior to making an award or rejecting a bid. Developer may, in its sole and absolute discretion, reject any and all bids and repeat the bidding process. Developer may require the bidder receiving the award to furnish security in addition to that required of Developer under this Agreement. g. Developer shall defend, indemnify and hold harmless the Public Entities Parties from any Claims related to Developer’s procurement of subcontractors in accordance with Section 3.1(d). 5 PERFORMANCE OF THE WORK 5.1. Project Updates. Developer shall provide the Public Entities with regular updates regarding the performance and progress of the Work. 5.2. Standard of Performance. Developer and its agents, contractors, and subcontractors, if any, shall perform all Work in a skillful and workmanlike manner, and, with respect to the provisions of engineering services only, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and warrants that all of its employees, agents, contractors, and subcontractors shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required for them to perform the Work or a portion thereof, as applicable, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 5.3. Liens and Claims. Developer agrees to cause all liens and security interests filed in connection with the Work to be discharged in the same manner and to the same extent as provided in Section 4.18 of the DDA for Developer’s Improvements (as defined in the DDA). 5.4. Change Orders. Developer may request that the Public Entities approve a change in the scope of the Work and/or a change to the approved plans and specifications relating to the Work (a “Change Order”), in accordance with Section 3.b of the Procurement Policy. All Change Orders shall be subject to the prior written approval of the Public Entities (such approval not to be unreasonably withheld, conditioned or delayed), unless exempt from prior approval pursuant to Section 2021/08/24 City Council Post Agenda Page 164 of 346 14 3.b of the Procurement Policy. Any Change Orders with respect to the approved plans and specifications shall also be subject to District’s BPC Policy No. 357, and Developer shall obtain District’s approval in accordance with such BPC Policy No. 357. A Change Order shall not result in an automatic increase to the Budget, but this Section 5.4 shall not limit Developer’s right to seek an adjustment to the Budget for any Change Order pursuant to the applicable provisions of Section 2.2(b) for a Cost Increase Event. 5.5. Completion. Upon completing the Work, Developer shall notify the Public Entities that the Work is complete (such notification, "Developer's Completion Notice"). The Public Entities shall have thirty (30) days after receipt of Developer’s Completion Notice to inspect the Work and determine in their reasonable discretion if there are any defects in the Work, any incomplete Work, any Work that does not conform to the approved plans or specifications for the Work, or any damage to the Work or the Premises (collectively, “Outstanding Work”), and either notify the Developer of such Outstanding Work (such notification, "Public Entities' Outstanding Work Notice") or notify Developer that the Work is complete (such notification, "Public Entities' Completion Notice"), as applicable. Developer shall complete to the reasonable satisfaction of the Public Entities any Outstanding Work within thirty (30) days after Developer receives Public Entities' Outstanding Work Notice. If the Public Entities deliver Public Entities' Outstanding Work Notice to Developer, then the process set forth in this Section 5.5 shall be repeated until the Public Entities deliver to the Developer Public Entities' Completion Notice. Developer acknowledges and agrees that the inspection by the Public Entities shall not void, alter, or modify any warranties for the Work. a. As-Builts. Within thirty (30) days of Public Entities' Completion Notice, Developer shall provide one (1) set of “as-built” or record drawings or plans to the District and City. The drawings shall be certified and shall reflect the condition of the Work as constructed, with all changes incorporated therein. b. Notice of Completion. Developer shall record a notice of completion within the statutory time for recording such notice and shall provide a conformed copy of same to the Public Entities. Upon recording of such notice of completion and, if applicable, acceptance of the improvement by any applicable public utility receiving the improvement (provided that, in absence of receiving a written notice of such acceptance from a public utility, any use of the applicable improvement by such public entity shall constitute deemed approval of such improvement by such public utility for purposes of this Agreement), (i) neither Developer nor any Developer Affiliate shall have care, custody, or control of any improvement that is subject to such notice of completion, and (ii) neither Developer, nor any 2021/08/24 City Council Post Agenda Page 165 of 346 15 Developer Affiliate, nor any Public Entity shall have the risk of loss with respect to any improvement that is subject to such notice of completion (where "risk of loss" means any risk of loss in connection with any casualty event with respect to such improvement that occurs after such time and that results in the loss of use of such improvement). c. Removal of Liens and Security Interests. Pursuant to Section 5.3 above and Section 4.18 of the DDA, within thirty (30) days after Developer receives notice of filing of any lien or security interest with respect to the Work, it shall cause such lien or security interest, as applicable, to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. Notwithstanding the foregoing, Developer shall not be required to discharge of record any such lien or security interest, as applicable, if Developer is in good faith, and consistent with applicable law, at its own expense, currently and diligently contesting the same; provided that Developer first records a surety bond sufficient to release such lien or such security interest, as applicable. Developer shall certify to the Public Entity accepting the improvement that it has complied with the requirements of this Section 5.5(c). d. Utility Easement. Parties hereto acknowledge and agree that San Diego Gas & Electric (“SDG&E”) is scheduled to commence certain work on the Premises on or around November 1, 2021 and, as a prerequisite for SDG&E to commence such work, District shall grant a utility easement to SDG&E, on terms satisfactory to the District and SDG&E. For avoidance of doubt, neither the Public Entities nor Developer shall be responsible for any actions or omissions by SDG&E. Once the Developer has completed the necessary work to allow SDG&E to install the cabling work for the Sandpiper SDG&E Re-Feed Work (as described in the Work Plan), Developer shall notify SDG&E and the Public Entities. If SDG&E is unable to install the cabling work due to defects in Developer’s work, Developer shall repair or correct the defects promptly. e. Post-Completion/Restoration. The acceptance of any portion of the Work shall not create any obligation upon any Public Entity to Developer to repair or correct any defects in the Work. (i) If the Close of Escrow occurs, Developer shall, at its sole cost and expense, permanently remove the Sandpiper SDG&E Re-Feed Work constructed pursuant to the Work Plan, and restore to its pre- Work condition the portion of the Premises that is affected by such removal, prior to Completion (as defined in the Ground Lease) of the 2021/08/24 City Council Post Agenda Page 166 of 346 16 resort hotel. (ii) If the Close of Escrow does not occur, Developer shall have no obligation to remove the Work or restore the Premises except as provided in this Agreement. f. Survival. This Article 5 shall survive the earlier termination or expiration of this Agreement. 6 TERMINATION AND DEFAULT 6.1. Term and Termination. This Agreement shall remain in effect from the Effective Date until the earlier of: (1) Developer completes the Work and all Work is accepted by the appropriate Public Entity(ies), or (2) one (1) year, unless extended or terminated earlier as provided herein (the “Termination Date”). a. Extension. The Public Entities may, in each of their sole and absolute discretion, agree in writing to extend the Termination Date; provided, that, if Developer has performed substantial work on the Work (more than 60%), is diligently pursuing completion of the Work, the DDA has not expired or terminated, and Developer is not otherwise in breach of this Agreement, then the Public Entities shall not unreasonably refuse to grant an extension. b. Event of Default. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or abandons the Work, or if the Public Entities determine there is a violation of any federal, state, or local law, ordinance, policy, regulation, code, standard, or other requirement, Developer shall be in default of this Agreement, upon which the Public Entities shall make written demand upon Developer to immediately remedy the default in accordance with this Agreement (“Notice”). Developer shall substantially commence the work required to remedy the default within fifteen (15) business days of receipt of the Notice. If the default constitutes an immediate threat to the public health, safety, or welfare, District’s Representative may provide the Notice verbally, and Developer shall substantially commence to remedy the default within twenty-four (24) hours thereof. Immediately upon issuance of the Notice, Developer and its surety shall be liable to the Public Entities for all costs of the Work and all other administrative costs and expenses as provided for in this Section 6.1. (i) Nothing herein prevents the Public Entities from notifying Developer’s surety of any default or demand to remedy a default; provided, however, failure to give or receive notice to the surety shall 2021/08/24 City Council Post Agenda Page 167 of 346 17 not exonerate the surety of any obligations under the Performance Bond. c. Remedies for Event of Default. If Developer does not cure the default as provided in Section 6.1(b), the Public Entities may elect to terminate this Agreement. If the Public Entities elect to terminate this Agreement, the District may elect that the Developer and the surety either (i) restore the Premises to the same condition as the Premises existed prior to the commencement of the Work; or (ii) complete and convey any particular portion of the Work to the District in lieu of restoration of some or all of the Premises under (i), and Developer shall proceed with such restoration or completion of the Work at no cost to the District. If the Developer fails to comply with any of its obligations contained herein, Developer and its surety shall be jointly and severally liable to the Public Entities for all administrative expenses, fees, and costs, including reasonable attorneys' fees and costs, incurred by the Public Entities in obtaining Developer’s compliance with this Agreement or in processing any legal action or for any other remedies permitted by law or equity. d. Survival. This Article 6 shall survive the expiration or earlier termination of this Agreement. 7 RIGHT OF ENTRY LICENSE 7.1. Right-of-Entry: District hereby grants Developer, and its authorized agent(s) and contractor(s), the right to enter upon the Premises to perform and complete the Work, subject to the terms and conditions in this Article 7 (“Right-of-Entry License”). 7.2. Use of Premises. The use of the Premises by the Developer and Developer’s Affiliates for the Right of Entry License, shall be limited to the following activities: a. Performance and completion of the Work; b. Ingress and egress for purposes of Paragraph 7.2(a) above through roads owned by the District and located adjacent to the Premises as shown in Exhibit “A-2” (collectively, "Approved Routes"); and c. Inspections, commissioning, and maintenance of the Work. Developer’s “authorized agents and contractors” shall include the employees, contractors, subcontractors, and agents of public utilities that Developer authorizes to enter the Premises to perform, complete, inspect, commission, maintain or otherwise participate in the Work. 2021/08/24 City Council Post Agenda Page 168 of 346 18 7.3. [INTENTIONALLY OMITTED.] 7.4. Term. This Right-of-Entry License shall commence on the Effective Date and terminate on the Termination Date. 7.5. No Additional Rights or Interests. District's grant of the Right-of Entry License does not: (i) confer any right or interest on Developer other than those rights or interests expressly granted to Developer in this Right-of Entry License, as such rights or interests are limited and qualified herein; or (ii) create or impose any obligations on District other than those obligations expressly set forth in this Right-of Entry License. 7.6. Consideration for Access. Developer shall pay to the District the Cost Recovery Fees pursuant to Board of Port Commissioners Policy No. 106 in the total amount of Five Hundred and Fifty Dollars ($550.00) payable concurrently with Developer's execution of this Agreement. 7.7. Indemnification of District. Except for claims or litigation arising through the sole negligence or willful misconduct of any lndemnitee or lndemnitees, Developer shall defend, indemnify, and hold harmless District and its officers, directors, members of the Board of Port Commissioners, employees, contractors, agents, affiliates and successors and assigns (collectively with the District, the "lndemnitees") for any and all causes of action, liability, claims, judgments, or demands, plus expenses in connection therewith, arising out of or as the result of: (i) this Right-of Entry License; (ii) Developer’s and/or its authorized agents', employees', invitees’ or contractors' activities undertaken pursuant to this Right-of Entry License, including without limitation, the performance of the Work; (iii) any accident or occurrence in connection with the Work or the operation, use, condition, or possession of the Premises, Approved Routes, or any portion thereof during the term of this Right-of Entry License; (iv) PWL (defined above); or (v) the District's approval or issuance of this Right-of Entry License, including but not limited to the District's review and approval under the California Environmental Quality Act and the California Coastal Act (collectively, an "Indemnified Claim"). Said expenses shall include without limitation costs of investigation and remediation of environmental conditions, counsel, consultant and/or expert fees and expenses, and penalties and interest as incurred, regardless of the cause thereof or the cause of action, liability, claim, judgment, or demand, no matter when made or filed. Developer’s obligation to indemnify Indemnitees pursuant to this Section 7.7 shall apply regardless of the extent, if any, to which such Indemnified Claim is based, in whole or in part, on preexisting conditions at the Premises, including without limitation Environmental Conditions, as defined in the Acknowledgment and Disclosure Regarding Environmental Conditions, attached hereto as Exhibit "C", and incorporated by 2021/08/24 City Council Post Agenda Page 169 of 346 19 reference herein. Notwithstanding the foregoing, Developer shall have no obligation to indemnify, defend or hold harmless any lndemnitee for any Indemnified Claim that arises out of any preexisting hazardous material condition that is not known to Developer, unless such Indemnified Claim arises out of the negligence of, or breach of this Agreement by, Developer or one or more of the contractors, agents, employees or invitees. For purposes of this Section 7.7, a preexisting hazardous material condition shall be deemed to be known to Developer if (1) Developer has actual knowledge of the condition through its employees, consultants, agents or anyone hired by Developer to investigate the conditions of the Premises, or (2) should have reasonably been anticipated by Developer through review of the District files, Developer’s files, other public files, readily available information or information described in Exhibit “C”, an ALTA survey, walk through, and any other reasonable pre-construction investigation or assessment of the Premises. 7.8. [Intentionally Omitted.] 7.9. Modifications. District and Developer may only modify the Right-of-Entry License in writing, and a written modification shall not require the consent of the City or Authority to be effective. Developer shall give prompt notice to City of any modification to the Right-of-Entry License that materially impact Developer’s performance of, or ability to complete, the Work. 7.10. Work Product Related to Condition of Premises. At the request of District, Developer shall provide the District with complete copies of any information, data, studies, analyses, sampling results, and results, in each case, to the extent they are prepared for or result from the Work, including without limitation any investigation and/or remediation activities and any reports and/or work plans related thereto which Developer prepares or obtains, or contracts with third parties to prepare or obtain, regarding the condition of the Premises. Developer shall provide a copy to City and Authority of anything provided to District pursuant to this Section 7.10. 7.11. Additional Work and Documentation. Developer shall provide the District with any additional information and documentation, that is reasonably requested by the District and that developers performing work similar to the Work customarily provide to their respective right of entry licensors, relating to the Work, the activities of Developer and its authorized agents and contractors on or in connection with the Premises and the Work that is necessary to coordinate access to the Premises and the performance of the Work. Developer shall pay any costs and expenses related to the relocation of any construction equipment, debris, asphalt, soil, or improvements necessary to perform the Work and to access the Premises. 2021/08/24 City Council Post Agenda Page 170 of 346 20 Developer may seek reimbursement of such costs and expenses only if subject to reimbursement pursuant to Section 2.2 or Section 2.3, as applicable. Developer shall pay any costs and expenses related to the Work and access to the Premises by Developer and its authorized agent(s) and contractors. Developer may seek reimbursement of such costs and expenses only if subject to reimbursement pursuant to Section 2.2 or Section 2.3, as applicable. 7.12. Permits. Developer shall acquire all permits required by applicable law, including without limitation, the ordinances and policies of the Public Entities. Developer shall perform and complete the Work in strict accordance with this Agreement, all permits for the Work, and all applicable District construction and design standards. Developer shall obtain all permits and authority from governmental entities and agencies that are necessary for the performance of the Work and access to the Premises. Except as set forth herein, the District shall not incur any cost or expense as a result of this Agreement. Developer agrees that any costs (including but not limited to plan checking, inspection, materials furnished and other incidental expenses) incurred by the District in connection with the inspection, approval or the installation of the Work, will be paid by Developer. Such costs and expenses in connection with permitting and the inspection, approval or the installation of the Work shall be included in the Budget and subject to reimbursement. 7.13. Conformance with Laws. Developer agrees that, in all activities on or in connection with the Premises, and in all uses thereof, including without limitation the Work and access to the Premises, it shall abide by and conform to all laws and regulations. Said laws and regulations shall include, but are not limited to those prescribed by the San Diego Unified Port District Act; any applicable ordinances of the City, including the Building Code thereof; any ordinances and general rules of District, including tariffs and policies; and any applicable laws of the state of California and federal government, as any of the same now exist or may hereafter be adopted or amended. In particular and without limitation, Developer shall have the sole and exclusive responsibility to comply with the requirements of: (i) Article 10 of District Code entitled "Stormwater Management and Discharge Control", and (ii) the Americans With Disabilities Act of 1990, including but not limited to regulations promulgated thereunder. At no time shall Developer or its authorized agents or contractors park vehicles on the Approved Routes, place or store any materials or equipment on the Approved Routes, or limit, block or impede the ability of any person to use any of the Approved Routes. 7.14. Utilities. Developer shall determine the location of all utilities in, on, under, and over the Premises and take necessary precautions to prevent interruption of any utility service. However, should any interruption of any utility service occur as a 2021/08/24 City Council Post Agenda Page 171 of 346 21 result of the Work, Developer shall bear the sole expense and cost regarding said interruption. 7.15. Engineering and Inspection. Developer must at all times maintain proper facilities and safe access for inspection of the Work by District and City inspectors. 7.16. Outside Agency Inspections. Developer shall make available for District inspection all final outside agency inspection approvals (including but not limited to City inspection approvals) when the Work is completed. 7.17. Hazardous Materials. Developer is alerted that Work in this Agreement involves working environments that may be hazardous, contaminated, or non-hazardous to activities associated with the excavation, handling, transportation, and disposal of all excavated materials and other wastes in the project area with emphasis to hazardous and contaminated materials. Such hazardous, contaminated, and non- hazardous environments include, and are not limited to hazardous and non- hazardous materials, soils, groundwater, heavy metals, petroleum hydrocarbons, polynuclear aromatic hydrocarbons, organic compounds, serpentine rock and ultramafic material (which may contain natural occurring asbestos - NOA), lead- based paint materials, sewage, sludge, debris, grit, sewer gases, bacterial/biological contamination, railroad ties, oxygen deficiency, and confined spaces. In the performance of the Work, Developer shall implement a Health and Safety Plan (HSP), provide full-time environmental oversite during drilling, and utilize a Photoionization detector (PID) and visual observation to evaluate if spoils are impacted with chemicals of potential concern (COPCs). Developer shall legally dispose of off tidelands all hazardous waste, hereinafter "Waste", extracted or removed by Developer in connection with this Agreement and the Work on the Premises. Developer shall be responsible for managing and disposing of said Waste in accordance with all applicable laws and regulations. All Waste, including but not limited to hazardous and non-hazardous Waste, shall only be disposed at permitted California landfills (22 CCR 66262), equivalent out-of- state landfills (40 CFR 262), and permitted recycling facilities. In addition, Developer or its contractor shall list itself as the generator of said Waste on the disposal facility's waste manifest and any waste disposal profile. In any event, Developer shall not store such Waste on the Premises for any period of time. Notwithstanding the foregoing, Developer shall be permitted to store all spoils on the Premises for such period of time as is reasonably necessary to classify such spoils as hazardous or non-hazardous and to await transportation of the hazardous spoils in conformance with all applicable laws and regulations. 7.18. Assumption of Risk. Developer assumes all responsibility and risk for any damage and/or consequence resulting from Developer's activities, including without 2021/08/24 City Council Post Agenda Page 172 of 346 22 limitation access to the Premises, the Work and all costs associated therewith. Developer shall repair any damage to the Premises, including without limitation, any damage to the improvements of the District, arising out of or resulting from Developer's activities, including without limitation, the Work and access to the Premises, and at the election of the District, restore the Premises, to the reasonable satisfaction of the District. Developer shall repair any damage to the Premises including without limitation, any damage to the improvements of the District, prior to the expiration of this Agreement. Developer agrees to perform the Work in accordance with the plans and specifications approved by the District. 7.19. Securing Premises. Prior to commencement of construction of the Work, where applicable, Developer shall secure the Premises where Work is being performed with temporary fencing which shall remain until such time as that Work is complete. 7.20. RV Park Excluded. Notwithstanding anything in this Agreement to the contrary, the Right-of-Entry License shall not include the right to enter any portion of the Premises set forth on Exhibit “A-2” as “Encumbered,” which is currently occupied by Sun Chula Vista Existing Park RV LLC, a Michigan limited liability company operating as the Chula Vista RV Resort pursuant to Tideland Use and Occupancy Permit dated February 28, 2019 between the District and Sun Chula Vista filed in the Office of the District Clerk as Document No. 69412. 8 MISCELLANEOUS PROVISIONS 8.1. Drafting Party. The District, City, Authority, and Developer acknowledge and agree that this Agreement has been agreed to by the District, City, Authority, and Developer, that the District, City, Authority, and Developer have consulted with attorneys with respect to the terms of this Agreement and that no presumption shall be created against the drafting party. Any deletion of language from this Agreement prior to its execution by District, City, Authority, or Developer shall not be construed to raise any presumption, canon of construction or implication, including, without limitation, any implication that the District, City, Authority, or Developer intended thereby to state the converse of the deleted language. Unless otherwise specified in this Agreement, any approval or consent to be given by District, City, Authority, or Developer may be given or withheld in the sole and absolute discretion of District, City, Authority, or Developer, respectively. 8.2. Incorporation of Recitals. All recitals above are incorporated into this Agreement and are made a part hereof. 8.3. Venue. Venue for any legal proceeding shall be in San Diego County, California. This Agreement shall be construed and enforced in accordance with the laws of 2021/08/24 City Council Post Agenda Page 173 of 346 23 the State of California. 8.4. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5. Electronic Signatures. The words “execution”, “execute”, “signed”, “signature”, and words of like import in or related to any document signed or to be signed in connection with this Agreement and the transactions contemplated hereby shall be deemed to include electronic signatures and contract formations on electronic platforms approved by the Parties, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transaction Act, or any other similar state laws based on the Uniform Electronic Transactions Act. 8.6. Dispute Resolution. The Parties shall, before the filing of any lawsuit or court action against any other Party relating to this Agreement or the Work, attempt in good faith to settle the dispute through non-binding third party mediation. 8.7. Administrative Claims Requirements and Procedures. No suit shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. No suit shall be brought arising out of this Agreement against District or Authority unless a claim has first been presented in writing and filed with District or Authority, respectively, and acted upon by District or Authority, respectively, in accordance with the procedures set forth in the Government Claims Act (Government Code sections 900 et seq.) 8.8. CONTRACTOR’S LICENSE NOTICE. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD, WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN 4 YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO 2021/08/24 City Council Post Agenda Page 174 of 346 24 THE REGISTRAR, CONTRACTORS STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CA 95826. [Remainder of page intentionally left blank.] 2021/08/24 City Council Post Agenda Page 175 of 346 25 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date and year first written above. SAN DIEGO UNIFIED PORT APPROVED AS TO FORM AND LEGALITY: DISTRICT, a public corporation GENERAL COUNSEL By: _____________________ By:__________________________________ Tony Gordon Assistant/Deputy Director, Real Estate RIDA CHULA VISTA, LLC, a Delaware limited liability company By:___________________________ Name: _______________________ Its:___________________________ California Contractor License Number: 1039979 CITY OF CHULA VISTA, a municipal corporation By: __________________________ Name Title Approved as to form: 2021/08/24 City Council Post Agenda Page 176 of 346 26 By: _____________________ Glen R. Googins City Attorney CHULA VISTA BAYFRONT FACILITIES FINANCING AUTHORITY , a California joint exercise of powers authority By: __________________________ [______________], Executive Director Approved as to form and legality: COUNSEL By:__________________________ Thomas A. Russell, General Counsel, San Diego Unified Port District Co-Counsel By: _____________________ Glen Googins, City Attorney, City of Chula Vista Co-Counsel 2021/08/24 City Council Post Agenda Page 177 of 346 A-1 Exhibit A EXHIBIT “A-1” PROPERTY DESCRIPTION Those areas generally shown as the “Premises” in the attached Exhibit “A-2” (Map Identifying the Premises) which include portions of Parcel H-3, Parcel H-8, Parcel HP-1(N), Parcel HP-1S, Parcel HP-3B, Parcel HP-11, and Parcel H-9 of the Chula Vista Bayfront Master Plan and surrounding areas, but specifically excluding that portion marked as “Encumbered”. Such “Premises” shall not include any areas outside the premises boundary of the Coastal Development Permit filed in the Office of the District Clerk as Document No. 70152. 2021/08/24 City Council Post Agenda Page 178 of 346 A-2 Exhibit A EXHIBIT “A-2” MAP IDENTIFYING THE PREMISES (See attached) 2021/08/24 City Council Post Agenda Page 179 of 346 B-1 Exhibit B EXHIBIT “B” DESCRIPTION OF EARLY PHASE 1A INFRASTRUCTURE WORK 1. Sandpiper SDG&E Re-feed Trench, backfill, and install conduits and cabling on Marina Parkway from approximately 100’ southerly of Sandpiper, northerly along Marina Parkway, then westerly along Sandpiper to an existing SDGE service point at the corner of N-S and E-W Sandpiper. Includes the installation of SDGE Infrastructure. Upon completion of connections, remove all SDG&E cabling in N-S section of Sandpiper to G Street. Sandpiper SDG&E Re-feed is temporary. The Phase 1A infrastructure includes services that will feed this service from H Street (when constructed). Easements required: E-W Sandpiper is a Port Street, an easement for SDGE is required. Expected duration of easement necessity is 2 years after which time the easement could be terminated and new permanent easement and service from H Street is provided. Trenching, backfill, and conduit work will be performed by RIDA Chula Vista, LLC, Subcontractor yet to be selected. Cabling work will be performed by SDG&E. 2. Sandpiper AT&T Re-feed Trench and install conduits and cabling on Marina Parkway from G Street southerly along Marina Parkway, then westerly along Sandpiper to an existing AT&T service point adjacent to the existing RV Park. Includes the installation of AT&T Infrastructure. Upon completion of connections, remove all AT&T cabling in N-S section of Sandpiper to G Street. That portion of the Sandpiper AT&T on Marina Parkway and Utility Corridor is Permanent. That portion of the Sandpiper AT&T Re-feed on E-W Sandpiper is temporary and will be replaced with a service from H Street (when constructed). Easements required: AT&T has no existing easements in the H-3 project area. Marina Parkway is currently a City of CV Street. No temporary easements to AT&T are currently proposed. A permanent easement in the Utility Corridor will be provided prior to Hotel Occupancy. Conduit work will be performed by RIDA Chula Vista, LLC, Subcontractor yet to be selected. Cabling work will be performed by AT&T. 3. G Street and Sandpiper Gas removal/abandonment Cap existing gas main at G Street/Marina Parkway. Excavate and remove existing gas main on G Street from Marina Parkway to Sandpiper. Abandon existing gas main in Sandpiper from G Street south. Work is permanent. No easements are required. All work will be performed by SDG&E. 4. Rohr Gas RFS Cap existing Rohr Gas main in Marina Parkway at the Sandpiper Intersection. Excavate and remove existing Rohr Gas main in Marina Parkway from Sandpiper, northerly to existing service at Rohr. All work is performed by SDG&E. 2021/08/24 City Council Post Agenda Page 180 of 346 B-2 Exhibit B Work is permanent. Marina Parkway is currently a City of CV street. No temporary easements are required. H Street (Marina Parkway to Bay) must be dedicated as a public street or permanent easement prior to Hotel Occupancy. All work will be performed by SDG&E. 5. G Street Overhead Interim Relocation Install interim overhead utility poles and SDG&E and AT&T cabling from Marina Parkway/G Street Intersection, westerly at the edge of the limits of work of the Gaylord Pacific Project (northerly of existing and proposed G Street) to the Sandpiper/G Street Intersection. Trench and install conductors to the existing underground SDGE and AT&T infrastructure in G Street. Remove existing overhead utility poles and cabling on G Street from Marina Parkway westerly. G Street OH Interim relocation is temporary. The Phase 1A infrastructure includes services that will feed this service in G Street (when constructed). Easements required: An easement for the alignment is required and combined with the temporary construction site power. Expected duration of easement necessity is 3 years. Underground excavation, trenching, conduit, and pavement repair will be performed by RIDA. All overhead pole and wiring installations and removals will be performed by SDG&E and AT&T. 6. Sandpiper Water and Sewer Caps Cap existing sewer at G Street/Sandpiper intersection. Cap existing water mains at G Street/Sandpiper, the Southwest Sandpiper turn, westerly end of Bayside Parkway, and north end of Quay Avenue all to remove water service from the North-South section of Sandpiper Way Work is permanent. No easements are required. All work will be performed by RIDA Chula Vista, LLC, Subcontractor yet to be selected. 2021/08/24 City Council Post Agenda Page 181 of 346 C-1 Exhibit C EXHIBIT “C” ACKNOWLEDGMENT AND DISCLOSURE REGARDING ENVIRONMENTAL CONDITIONS 2021/08/24 City Council Post Agenda Page 182 of 346 C-2 Exhibit C ACKNOWLEDGMENT AND DISCLOSURE REGARDING ENVIRONMENTAL CONDITIONS IT IS HEREBY ACKNOWLEDGED BY RIDA Chula Vista, LLC, a Delaware limited liability company, a "Right of Entry Developer", hereinafter "Developer", and the San Diego Unified Port District, a public corporation, hereinafter "District", that: 1. Certain Environmental Conditions may: (a) exist at, under, on, or near: (i) the Premises, as defined in the Chula Vista Bayfront Project Phase 1A Early Work Implementation and Right of Entry License Agreement by and among the District, Developer, City of Chula Vista, a chartered municipal corporation (“City”), and the Chula Vista Bayfront Facilities Financing Authority, a California joint exercise of powers authority (“Authority”) dated ____ ____, 2021, hereinafter "Agreement"; (ii) the Approved Routes, as defined in the Agreement; and (iii) property which is contiguous, upgradient, or otherwise in the vicinity of the Premises and Approved Routes, hereinafter "Surrounding Property''; and (b) be encountered during activity undertaken pursuant to the Agreement, including without limitation the Work, as defined therein. For purposes of this Acknowledgment and Disclosure, the term "Environmental Conditions" means: (a) any environmental conditions, circumstances, or other matters of fact pertaining to, relating to, or otherwise affecting the environment, including without limitation: (i) any natural resources (including flora and fauna), soil, surface water, groundwater, any present or potential drinking water supply, subsurface strata, or the ambient air; and (ii) the presence, use, handling, storage, treatment, recycling, generation, transportation, release, spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping, or disposal (including without limitation the abandonment or discarding of barrels, containers, and other closed receptacles and fill materials containing any hazardous materials, hazardous wastes, or toxic substances); and (iii) the threatened release of hazardous materials, hazardous wastes, or toxic substances; and (b) the exposure of any persons (including without limitation lessees, licensees, permittees, or other users of the Premises, Approved Routes and/or Surrounding Property) to hazardous materials, hazardous wastes, or toxic substances; and (c) the exposure of other natural persons within or outside the boundaries of the Premises, Approved Routes, and/or the Surrounding Property to hazardous materials, hazardous wastes, or toxic substances related to or otherwise arising from operations, acts, omissions, or other conduct at the Premises, Approved Routes, and/or Surrounding Property (as the case may be). 2. Information relating to Environmental Conditions at, under, on, or near the Premises, Approved Routes, and/or Surrounding Property developed as a result of sampling, 2021/08/24 City Council Post Agenda Page 183 of 346 C-3 Exhibit C testing, and analysis undertaken from time to time by District, District tenants, third-party contractors and/or others, may be contained in certain District files, hereinafter "District Files". Subject to reasonable confidentiality assurances from Developer, District will make District Files available to Developer for review. District has not undertaken to conduct, and District Files do not represent a comprehensive analysis of Environmental Conditions at, under, on, or near the Premises, Approved Routes, and/or Surrounding Property. 3. Information relating to Environmental Conditions at, under, on, or near the Premises, Approved Routes, and/or Surrounding Property may be contained in Developer's files, hereinafter "Developer's Files". 4. Information relating to Environmental Conditions at, under, on, or near the Premises, Approved Routes, and/or Surrounding Property may be contained in the files of other governmental entities or agencies, including without limitation the San Diego Regional Water Quality Control Board, San Diego Department of Health Services, San Diego Air Pollution Control District, Chula Vista Fire Department, City of Chula Vista, California Department of Toxic Substances Control, California Environmental Protection Agency, and Region IX of the United States Environmental Protection Agency, hereinafter "Agency Files". Said Agency Files are readily available to Developer. District's knowledge and files regarding Environmental Conditions at, under, on, or near the Premises, Approved Routes, and/or Surrounding Property are not complete. District has encouraged Developer to review all readily available information relating to such Environmental Conditions, including the: (a) EIR/RAP/RIFS, etc., if available; (b) District Files; (c) Developer's Files: and (d) Agency Files, hereinafter collectively "Readily Available Information", to ascertain to the fullest extent possible the nature and existence of Environmental Conditions at, under, on, or near the Premises, Approved Routes, and/or Surrounding Property. Developer hereby assumes responsibility for ascertaining any information contained in the Readily Available Information. 5. Neither District nor Developer makes any representation or warranty, express or implied, in this Acknowledgment and Disclosure, the Agreement or otherwise, regarding the: (a) presence, extent, impact, or consequences, whether foreseeable or unforeseeable, of any Environmental Conditions at, under, on, or near the Premises, Approved Routes, and/or Surrounding Property, or (b) suitability of the Premises in any respect for any purpose intended by Developer under the Agreement. 2021/08/24 City Council Post Agenda Page 184 of 346 C-4 Exhibit C ACKNOWLEDGED AND DISCLOSED: SAN DIEGO UNIFIED PORT APPROVED AS TO FORM AND LEGALITY: DISTRICT, a public corporation GENERAL COUNSEL By: _____________________ By:_______________________________ Tony Gordon Assistant/Deputy Director, Real Estate ACKNOWLEDGED AND ACCEPTED: RIDA Chula Vista, LLC, a Delaware limited liability company By:___________________________ Name: _______________________ Its:___________________________ California Contractor License Number: 1039979 2021/08/24 City Council Post Agenda Page 185 of 346 D-1 Exhibit D EXHIBIT "D" CERTIFICATE OF INSURANCE (See attached) 2021/08/24 City Council Post Agenda Page 186 of 346 D-2 Exhibit D 2021/08/24 City Council Post Agenda Page 187 of 346 D-3 Exhibit D 2021/08/24 City Council Post Agenda Page 188 of 346 E-1 Exhibit E EXHIBIT "E" BUDGET 2021/08/24 City Council Post Agenda Page 189 of 346 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA BAYFRONT PROJECT PHASE 1A EARLY WORK IMPLEMENTATION AND RIGHT-OF-ENTRY LICENSE AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT, THE CITY, THE CHULA VISTA BAYFRONT FACILITIES FINANCING AUTHORITY, AND RIDA CHULA VISTA, LLC WHEREAS, the City, the San Diego Unified Port District (the “Port District”), and RIDA Chula Vista, LLC (RIDA) entered into a Disposition and Development Agreement on or about May 7, 2018 to construct a resort hotel, a convention center, and certain public improvements (the “Project”) in the Chula Vista Bayfront Master Plan (the “CVBMP”) area; and WHEREAS, the City, the Port District, RIDA, the Chula Vista Bayfront Facilities Financing Authority (the “Authority”), and the Bayfront Project Special Tax Financing District (the “Bayfront Financing District”) anticipate entering into a project implementation agreement upon Close of Escrow (as defined in the DDA) (“the Project Implementation Agreement”); and WHEREAS, the Project Implementation Agreement is expected to obligate RIDA to construct the Project; and WHEREAS, in order to allow for greater efficiency in the construction of certain public infrastructure improvements (the “Developer’s Phase 1A Infrastructure Improvements”) post - Close of Escrow and to shorten the construction schedule for the Project, RIDA has requested early access to parcel H-3 and adjacent areas (the “ROE Premises”) to perform some of the Developer’s Phase 1A Infrastructure Improvements (the “Early Work”); and WHEREAS, the Chula Vista Bayfront Project Phase 1A Early Work Implementation and Right of Entry License Agreement between the parties has been negotiated and is recommended for approval and execution (the “Agreement”); and WHEREAS, the Agreement provides for the reimbursement of RIDA for costs incurred performing the Early Work and includes appropriate provisions related to procurement and risk mitigation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Chula Vista Bayfront Project Phase 1A Early Work Implementation and Right of Entry License Agreement, between the Port District, the City, the Authority, and RIDA, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute the same. Presented by: Approved as to form by: Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 190 of 346 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA BAYFRONT PROJECT PHASE 1A EARLY WORK IMPLEMENTATION AND RIGHT-OF-ENTRY LICENSE AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT, THE CITY, THE CHULA VISTA BAYFRONT FACILITIES FINANCING AUTHORITY, AND RIDA CHULA VISTA, LLC WHEREAS, the City, the San Diego Unified Port District (the “Port District”), and RIDA Chula Vista, LLC (RIDA) entered into a Disposition and Development Agreement on or about May 7, 2018 to construct a resort hotel, a convention center, and certain public improvements (the “Project”) in the Chula Vista Bayfront Master Plan (the “CVBMP”) area; and WHEREAS, the City, the Port District, RIDA, the Chula Vista Bayfront Facilities Financing Authority (the “Authority”), and the Bayfront Project Special Tax Financing District (the “Bayfront Financing District”) anticipate entering into a project implementation agreement upon Close of Escrow (as defined in the DDA) (“the Project Implementation Agreement”); and WHEREAS, the Project Implementation Agreement is expected to obligate RIDA to construct the Project; and WHEREAS, in order to allow for greater efficiency in the construction of certain public infrastructure improvements (the “Developer’s Phase 1A Infrastructure Improvements”) post - Close of Escrow and to shorten the construction schedule for the Project, RIDA has requested early access to parcel H-3 and adjacent areas (the “ROE Premises”) to perform some of the Developer’s Phase 1A Infrastructure Improvements (the “Early Work”); and WHEREAS, the Chula Vista Bayfront Project Phase 1A Early Work Implementation and Right of Entry License Agreement between the parties has been negotiated and is recommended for approval and execution (the “Agreement”); and WHEREAS, Chula Vista Municipal Code section 2.56.160.H authorizes public works to be constructed by a developer in accordance with the Municipal Code; and WHEREAS, Chula Vista Municipal Code section 2.56.160.H.1.c authorizes a developer to act as prime contractor for a developer-performed public work where developer provides written notice demonstrating its competence and qualifications to perform the publi c work and City determines that the developer is competent and qualified to complete the work; and WHEREAS, Chula Vista Municipal Code section 2.56.160.H.1.c requires a developer acting as a prime contractor for a developer-performed public work to competitively bid all subcontracts for the work; and WHEREAS, Chula Vista Municipal Code section 2.56.160.H.5 authorizes the City to require a developer to enter into an agreement to implement a developer-performed work in accordance with City’s requirements for developer-performed public works, including the modification and/or waiver of City’s standard requirements and procedures to be undertaken in connection with the performance and completion of the public work; and 2021/08/24 City Council Post Agenda Page 191 of 346 WHEREAS, Chula Vista Municipal Code section 2.56.160.H.5 states that City Council’s approval of an agreement that clarifies and establishes the requirements for performance of the developer-performed public work constitutes the City Council’s determination and finding that such procedures satisfy all applicable requirements for developer-performed public work; and WHEREAS, RIDA has provided written notice to City staff regarding its competence and qualifications to perform the public work and City staff has determined that the developer is competent and qualified to complete the work; and WHEREAS, staff recommends authorizing RIDA to act as prime contractor to perform the Early Work; and WHEREAS, staff recommends approving the Agreement which describes the requirements and procedures to be undertaken in connection with the performance and completion of the Early Work; and WHEREAS, the Agreement provides for the reimbursement of RIDA for costs incurred performing the Early Work and includes appropriate provisions and safeguards related to subcontractor procurement, insurance, indemnification, and risk mitigation. NOW, THEREFORE, BE IT RESOLVED, based on the foregoing recitals and determinations, the City Council of the City of Chula Vista hereby : 1. Authorizes RIDA to act as prime contractor for the Early Work. 2. Approves the Chula Vista Bayfront Project Phase 1A Early Work Implementation and Right of Entry License Agreement, between the Port District, the City, the Authority, and RIDA, in the form presented, with such minor modifications as may be required or approved by the City Attorney. 3. Authorizes and directs the City Manager to execute the Agreement. 4. Directs a copy of the fully executed Agreement to be kept on file in the Office of the City Clerk. Presented by: Approved as to form by: Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 192 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Grant Acceptance and Appropriation: Accept Funds from the AARP 2021 Community Challenge Grant to Implement a “We Are Chula Vista” Cultural Arts Project, Featuring Older Adults on an Online Portal and Light Pole Banners Report Number: 21-0134 Location: No specific geographic location. Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting grant funds in the amount of $11,038 from the AARP Community Challenge grant to implement goals in the respect, inclusion and social participation section of the Age-Friendly Action Plan, and appropriating funds for that purpose (4/5 vote required). SUMMARY On July 10, 2018 the City Council adopted the City’s first Age-Friendly Action Plan and set a variety of goals related to increasing the livability of the City. This action will accept and appropriate funds from the AARP 2021 Community Challenge Grant in the amount of $11,038 to carry out goals contained within the Respect, Inclusion and Social Participation section of the Plan. ENVIRONMENTAL REVIEW The Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (CEQA) and determined that the action 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 action is not subject to CEQA. Therefore, no further environmental review is required. 2021/08/24 City Council Post Agenda Page 193 of 346 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION AARP established a Community Challenge Grant (“Grant”) in 2017 to “fund projects that build momentum for local change to improve livability for all residents through quick action to spark longer-term progress.” On July 28, 2021, AARP announced 244 awardees (out of over 3,500 applications) for the 2021 Grant throughout the United States, including the City of Chula Vista. Funds from the Grant will help implement goals in the Respect, Inclusion and Social Participation section of the Chula Vista Age-Friendly Action Plan adopted on July 10, 2018. Specifically, the following goal will be advanced by Grant funds of $11,038: Goal 4.1 Develop culturally- and age- appropriate programming throughout the city. D. Create an older adult related theme for the “THIS is Chula” campaign and other identified communication efforts surrounding respect, economic power, adventure and vibrancy in aging. Grant funding will enable the project to create an online platform for residents to submit pictures and stories about older adults in their life through a series of interview questions already developed through the “We Are Chula Vista” tool kit. Up to 78 older adults will be chosen randomly to be featured on light pole banners throughout the City. Submittals will be accepted from late August until early-October. The lottery and banner production will occur in October. It is anticipated that the banners will be displayed beginning in November 2021. 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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Staff time to prepare this staff report and execute the project is budgeted in the Development Services budget for Healthy Chula Vista related work. ONGOING FISCAL IMPACT This is a one-time project and has no ongoing fiscal impact to the General Fund or the Development Services Fund. 2021/08/24 City Council Post Agenda Page 194 of 346 P a g e | 3 ATTACHMENTS None. Staff Contact: Tiffany Allen, Director of Development Services Stacey Kurz, Acting Housing Manager, Development Services 2021/08/24 City Council Post Agenda Page 195 of 346 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS IN THE AMOUNT OF $11,038 FROM THE AARP COMMUNITY CHALLENGE GRANT TO IMPLEMENT GOALS IN THE RESPECT, INCLUSION AND SOCIAL PARTICIPATION SECTION OF THE AGE-FRIENDLY ACTION PLAN, AND AMENDING THE FISCAL YEAR 2021/22 DEVELOPMENT SERVICES BUDGET TO REFLECT THE APPROPRIATION OF THESE FUNDS WHEREAS, the World Health Organization (“WHO”) launched an international effort, entitled the Age-Friendly Cities and Communities Program, to help cities prepare for rapid population aging and the parallel trend of urbanization and in the United States the American Association of Retired Persons’ (AARPs’) Age-Friendly Communities Network (“Network”) is the affiliate to the WHO program; and WHEREAS, the City Council authorized staff to submit an application to enter the Network on May 10, 2016 by Resolution No. 2016-068 and in July 2016, the City of Chula Vista became the 99th jurisdiction in the United States to enter, committing to a five-year process to evaluate, develop an Action Plan and implement Age-Friendly concepts to encourage the livability of the community for all generations; and WHEREAS, on July 10, 2018, City Council adopted the first Chula Vista Age-Friendly Action Plan, entitled ‘Chula Vista: Creating an Age-Friendly City, Age-Friendly Action Plan; and WHEREAS, on July 28, 2021, AARP announced that the City of Chula Vista was awarded a grant under the 2021 Community Challenge Grant in the amount of $11,038.50 to accomplish goals under the Respect, Inclusion and Social Participation Section of the Action Plan; and WHEREAS, grant funds will provide an online platform for residents to showcase older adults and their accomplishments and up to seventy-eight (78) older adults will be selected to be featured on light pole banners throughout Chula Vista beginning in November 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby accept funds in the amount of $11,038.50 from the AARP Community Challenge Grant and authorizes the appropriation such funds. Presented by Approved as to form by _____________________________________ ____________________________________ Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 196 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Investment Report: Quarter Ending June 30, 2021 Report Number: 21-0131 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Accept the investment report for the quarter ending on June 30, 2021 SUMMARY Transmitted herewith is the City’s investment report for the quarter ended June 30, 2021. To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy and Guidelines, a separate report was distributed to the City Council in July. ENVIRONMENTAL REVIEW The Director of Development Services 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 the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in 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 required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2021/08/24 City Council Post Agenda Page 197 of 346 P a g e | 2 DISCUSSION The total cash and investment portfolio held by the City as of June 30, 2021 was $493,918,609 and total cash and investments held by the trustees was $46,007,662. The cash and investments held by the City are composed of the following components: Managed Investment Portfolio ($241,440,070), State of CA Local Agency Investment Fund ($28,743,238), County of San Diego Pooled Investment Fund ($192,258,987), Cash/Time Deposits ($29,760,114), and accrued interest on investment ($1,716,200). Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and the Council Investment Policy as adopted by Resolution 2021- 022 on February 16, 2021. During the quarter, eight investments matured totaling $12,194,000. A portion of the funds from the matured investments were utilized to purchase two corporate notes ($1,950,000). Excess cash in the amount of $52,000,000 was transferred this quarter to the County of San Diego Pooled Investment Fund, which until recently, has yielded a higher interest rate than we could receive through purchasing in the bond market. Two-year Treasuries yielding 0.16% at the beginning of the quarter ended the quarter at a yield of 0.25%. The City’s investment portfolio continued to outperform the two-year treasury yield this quarter. As of June 30, 2021, the Weighted Yield to Maturity on the Managed Investment Portfolio was 2.23%, which was a decrease of three basis points from the previous quarter. At the end of this quarter, the Weighted Average Maturity of the Managed Investment Portfolio was 1.82 years, which decreased from 1.99 the previous quarter and is within the Council Policy. The Federal Open Market Committee (FOMC) meets approximately every six weeks and determines the level of the Federal Funds Rate. At their April 28 meeting, the FOMC voted to maintain the Federal Funds Rate target range at its current level of 0.00% to 0.25%. The United States and the rest of the world continue their efforts to combat the COVID-19 pandemic. Vaccination rollouts to the population have helped to reduce the infection and death rates across the country, although we are now seeing a surge of the Delta variant mainly across the unvaccinated population. The following excerpts are from the statement issued by the FOMC following their April 28 meeting. “…Amid progress on vaccinations and strong policy support, indicators of economic activity and employment have strengthened. The sectors most adversely affected by the pandemic remain weak but have shown improvement. Inflation has risen, largely reflecting transitory factors…. The path of the economy will depend significantly on the course of the virus, including progress on vaccinations. The ongoing public health crisis continues to weigh on the economy, and risks to the economic outlook remain…” Finance staff continued to manage the portfolio and work with multiple broker/dealers for investment purchases throughout the quarter. Ongoing portfolio management activity will continue to be performed in- house by the Director of Finance and finance staff. There is no further activity to report on other than routine investments by the City’s Finance Department. DECISION-MAKER CONFLICT 2021/08/24 City Council Post Agenda Page 198 of 346 P a g e | 3 Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next si x months. There is no direct fiscal impact by this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. ATTACHMENTS 1. Summary of Cash and Investments as of June 30, 2021 2. Investment Report for the Quarter Ended June 30, 2021 Staff Contact: Tracy McCraner, Interim Director of Finance, Finance Department Lisa Partee, Fiscal and Management Analyst, Finance Department 2021/08/24 City Council Post Agenda Page 199 of 346 % of Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio BNY Custodial Cash Account $7,493,151 $7,493,151 $7,493,151 1.39% U.S. Treasury Bond/Note 0 0 0 0.00% Federal Agency Collateralized Mtg Ob. 0 0 0 0.00% Federal Agency Bond/Note 27,219,000 27,848,654 27,176,457 5.03% Corporate Note 96,460,000 99,659,856 97,549,881 18.07% Commercial Paper 0 0 0 0.00% Certificate of Deposit 37,235,000 38,286,053 37,237,305 6.90% Municipal Bond 57,080,000 59,183,232 58,170,188 10.77% Supranationals 5,000,000 5,094,150 4,794,949 0.89% Asset Back Security/Collateralized Mtg Ob. 4,790,368 4,899,615 4,872,575 0.90% Placement Service Deposits (CDARS) 4,145,563 4,145,563 4,145,563 0.77% Managed Investment Portfolio Subtotal 239,423,082 246,610,274 241,440,070 44.72% Pooled Investments State of CA Local Agency Investment Fund 28,743,238 28,745,623 28,743,238 5.32% County of San Diego Pooled Investment Fund 192,258,987 192,486,121 192,258,987 35.61% Pooled Investments Subtotal 221,002,226 221,231,744 221,002,226 40.93% Cash/Time Deposits 29,760,114 29,760,114 29,760,114 5.51% Accrued Interest 1,716,200 1,716,200 1,716,200 0.32% Total Cash & Investments Held by the City $491,901,622 $499,318,333 $493,918,609 91.48% Held by Bank Trustee/Fiduciary Funds (1) Investment Agreements 0 0 0 0.00% Mutual Funds 22,769,318 22,770,450 22,769,318 4.22% Cash with Fiscal Agents 2,855,957 2,855,957 2,855,957 0.53% Restricted Cash 854,481 854,481 854,481 0.16% U.S. Government 19,527,906 19,527,906 19,527,906 3.62% Total Held by Bank Trustee/Fiduciary Funds $46,007,662 $46,008,794 $46,007,662 8.52% Total Portfolio $537,909,283 $545,327,126 $539,926,271 100.00% Notes: 1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants. 2. Par value is the principal amount of the investment on maturity. 3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy. 4. Book value is par value of the security plus or minus any premium or discount on the security. Summary of Cash and Investments as of June 30, 2021 City of Chula Vista 2021/08/24 City Council Post Agenda Page 200 of 346 Excludes Pooled Investments and BNY Custodial Cash AccountPortfolio MaturityUnder 1 YearMaturityJun 2021Mar 2021Change1 - 2 Years3-Month 0.05% 0.03% 0.02%2 - 3 Years1-Year 0.07% 0.07% 0.00%3 - 4 Years2-Year 0.25% 0.16% 0.09%4 - 5 Years3-Year 0.46% 0.35% 0.11%Total5-Year 0.87% 0.92% -0.05%10-Year 1.45% 1.74% -0.29%AprilMayJun 2020Jun 2019Jun 2018Jun 2017June0.16% 1.75% 2.52% 1.38%Total for QuarterNote: Interest Earnings figures do not include capital gains or losses730,750$ 2,208,187$ (138,988)$ (163,262)$ (145,739)$ (447,989)$ U.S. Treasury Yields - Quarterly Comparison2-Year U.S. Treasury Yield - Historical Data589,470$ 585,717$ 728,458$ 748,979$ Interest Earnings 20211,760,198$ % Maturing2020 Change227,784,368$ 25%31%23%17%3%100%56,877,000$ 71,726,368$ 51,728,000$ 39,843,000$ 585,011$ PAR Maturing7,610,000$ City of Chula VistaInvestment Report for the Quarter Ended June 30, 2021Portfolio Summary and Key StatisticsPAR ValueBook ValueMarket ValueWeighted Average Maturity (in years)Weighted Yield to MaturityPortfolio Key Statistics460,425,308$ 462,442,295$ 467,842,019$ 1.822.23%1.05%8.18%0.00%21.30%5.95%0.00%12.65%1.09%6.14%41.14%0.89%1.60%ASSET-BACKED SECURITYCERTIFICATE OF DEPOSITCOMMERCIAL PAPERCORPORATE NOTEFEDERAL AGENCY BOND/NOTEU.S. TREASURY NOTEMUNICIPAL BONDSUPRANATIONALLOCAL AGENCY INVESTMENT FUNDSD COUNTY INVESTMENT POOLPLACEMENT SERVICE DEPOSITS (CDARS)MONEY MARKET FUND0%5%10%15%20%25%30%35%Under 1Year1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years25%31%23%17%3%Portfolio Maturity DistributionPage 1 of 14Source: City of Chula Vista Finance Department2021/08/24 City Council Post Agenda Page 201 of 346 City of Chula Vista Market Values as of: 6/30/2021Current InvestmentsDescription DatedDate Coupon MaturityCUSIPParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 1Issuer ALLYA 2018-3 A3 6/27/2018 3.000% 1/17/202302007JAC1130,367.52AAA 6/19/2018 6/27/2018130,358.61 3.09 130,810.50ALLY AUTO RECEIVABLES TRUSTFORDF 2019-1 A 4/9/2019 2.840% 3/15/202434528QGS71,500,000.00Aaa 2/26/2020 3/2/20201,543,414.50 1.40 1,527,516.45 FORD CREDIT FP MASTER OWNER TRCAPITAL ONE 2019-A2 A2 9/5/2019 1.720% 8/15/202414041NFU02,000,000.00AAA 12/18/2019 12/23/20191,992,939.22 1.86 2,034,430.20CAPITAL ONE MULTI-ASSET EXEC TRCITIBANK 2018-A6 A6 8/17/2018 3.210% 12/7/202417305EGR0560,000.00Aaa 1/2/2020 1/7/2020581,862.37 1.83 583,827.22CITIBANK CREDIT CARD ISSUANCEWORLD OMNI 2018-D A4 10/17/2018 3.440% 12/16/202498162WAE7600,000.00AAA 12/19/2019 12/23/2019624,000.00 2.13 623,030.64WORLD OMNI AUTO RECEIVABLES TRUSTASSET-BACKED SECURITY SUBTOTAL4,790,367.524,872,574.70 4,899,615.01ZIONS BANCORP 1/16/2020 1.650% 7/16/202198970LB85247,000.00NA 1/13/2020 1/17/2020247,000.00 1.65 247,173.39ZIONS BANCORPESSA BANK & TRUST PA 1/29/2020 1.650% 7/29/202129667RSB0247,000.00NA 1/13/2020 1/29/2020247,000.00 1.65 247,314.26ESSA BANK & TRUST PAFIRST NATIONAL BANK/DAMA 1/30/2020 1.700% 7/30/202132117BDW5249,000.00NA 1/14/2020 1/30/2020249,000.00 1.70 249,338.21FIRST NATIONAL BANK/DAMANORTHSIDE COMMUNITY BANK 8/7/2019 1.900% 8/9/2021667012KA5249,000.00NA 8/1/2019 8/7/2019249,000.00 1.90 249,506.26NORTHSIDE COMMUNITY BANKPIONEER BANK 2/14/2020 1.600% 8/16/2021723605BT7247,000.00NA 1/31/2020 2/14/2020247,000.00 1.60 247,493.20PIONEER BANKSYNOVUS BANK 2/14/2020 1.600% 8/16/202187164DQL7247,000.00NA 2/4/2020 2/14/2020247,000.00 1.60 247,493.20SYNOVUS BANKKANSAS STATE BANK 8/23/2019 1.950% 8/23/202150116CCG2249,000.00NA 8/1/2019 8/23/2019249,000.00 1.95 249,702.12KANSAS STATE BANKRIVERWIND BANK 8/21/2019 1.800% 8/23/202176951GAJ2249,000.00NA 8/12/2019 8/21/2019249,000.00 1.80 249,646.10RIVERWIND BANKWAKEFIELD CO-OP BANK 2/25/2020 1.600% 8/25/2021931047AP9247,000.00NA 2/10/2020 2/25/2020247,000.00 1.60 247,587.65WAKEFIELD CO-OP BANKMAIN STREET BANK 9/6/2019 1.650% 9/7/202156035BBT2249,000.00NA 8/27/2019 9/6/2019249,000.00 1.65 249,744.41MAIN STREET BANKCOMMUNITY FIRST BANK 9/12/2019 1.650% 9/13/202120368TCN8249,000.00NA 9/3/2019 9/12/2019249,000.00 1.65 249,809.14COMMUNITY FIRST BANKALLY BANK 11/15/2018 3.200% 11/15/202102007GGA5246,000.00NA 11/7/2018 11/15/2018246,000.00 3.20 248,902.64ALLY BANK UTBUCKEYE COMMUNITY BANK 3/3/2020 1.550% 12/3/202111815SDF4249,000.00NA 2/20/2020 3/3/2020249,000.00 1.55 250,531.66BUCKEYE COMMUNITY BANKBMW BANK OF NA 12/14/2018 3.250% 12/14/202105580AQA5246,000.00NA 12/12/2018 12/14/2018246,000.00 3.25 249,558.08BMW BANK OF NORTH AMERICACONNECTONE BANK 12/28/2018 3.200% 12/28/202120786ACM5249,000.00NA 12/12/2018 12/28/2018249,000.00 3.20 252,841.91CONNECTONE BANKENCORE BANK 7/19/2019 2.000% 1/19/202229260MAB1249,000.00NA 7/9/2019 7/19/2019249,000.00 2.00 251,610.40ENCORE BANKRAYMOND JAMES BANK 1/25/2019 2.950% 1/25/202275472RAA9246,000.00NA 1/23/2019 1/25/2019246,000.00 2.95 250,009.93RAYMOND JAMES BANK NAFARMERS & MERCHANTS BANK 2/14/2020 1.500% 2/14/2022308682BF9249,000.00NA 2/4/2020 2/14/2020249,000.00 1.50 251,132.35FARMERS & MERCHANTS BANKSTATE BANK OF LIZTON IN 2/14/2020 1.600% 2/14/2022856309BT5249,000.00NA 2/5/2020 2/14/2020249,000.00 1.60 251,290.66STATE BANK OF LIZTON INDOLLAR BANK FSB 2/19/2019 2.700% 2/18/202225665QBC8246,000.00NA 2/6/2019 2/19/2019246,000.00 2.70 250,051.40DOLLAR BANK FSBTHIRD FED SAV&LN 2/22/2019 2.800% 2/22/202288413QCG1246,000.00NA 1/29/2019 2/22/2019246,000.00 2.80 250,282.70THIRD FED SAVINGS & LOANFNB OF MCGREGOR TX 2/20/2019 2.700% 2/22/202232112UCV1249,000.00NA 2/6/2019 2/20/2019249,000.00 2.70 253,172.79FNB OF MCGREGOR TXNEXTIER BANK 2/21/2020 1.600% 2/22/202265344AAB1249,000.00NA 1/29/2020 2/21/2020249,000.00 1.60 251,370.64NEXTIER BANKFIRST COMMERCIAL BANK MS 2/21/2020 1.500% 2/22/202231984GFC8249,000.00NA 2/4/2020 2/21/2020249,000.00 1.50 251,206.81FIRST COMMERCIAL BANK MSCITIZENS N/B BLUFFTON 2/21/2020 1.500% 2/22/2022175144DZ4248,000.00NA 2/4/2020 2/21/2020248,000.00 1.50 250,197.07CITIZENS N/B BLUFFTONSB ONE BANK 2/28/2020 1.500% 2/28/202278414TBW1248,000.00NA 2/4/2020 2/28/2020248,000.00 1.50 250,252.66SB ONE BANKFARMERS BANK & TRUST 2/28/2020 1.600% 2/28/2022309162BG9249,000.00NA 2/6/2020 2/28/2020249,000.00 1.60 251,430.63FARMERS BANK & TRUSTINDEPENDENT BANK MEMPHIS 3/5/2020 1.550% 3/7/202245383UUL7249,000.00NA 2/19/2020 3/5/2020249,000.00 1.55 251,389.88INDEPENDENT BANK MEMPHISFIRST STATE BANK BOISE 3/11/2020 1.500% 3/11/202233648PBK8249,000.00NA 2/25/2020 3/11/2020249,000.00 1.50 251,340.31FIRST STATE BANK BOISESALLIE MAE BANK 3/20/2019 2.750% 3/21/20227954502A2246,000.00NA 3/18/2019 3/20/2019246,000.00 2.75 250,654.53SALLIE MAE BANK/SALT LKECAROLINA TRUST BANK 9/20/2019 1.600% 3/21/2022144200BB7249,000.00NA 9/3/2019 9/20/2019249,000.00 1.60 251,614.87CAROLINA TRUST BANKSTATE BANK OF TEXAS 3/20/2020 1.400% 3/21/2022856528DC5249,000.00NA 2/27/2020 3/20/2020249,000.00 1.40 251,249.92STATE BANK OF TEXASUNITED BANKERS BANK 7/24/2019 2.000% 4/25/2022909557JF8249,000.00NA 7/3/2019 7/24/2019249,000.00 2.00 252,760.81UNITED BANKERS BANKLIVE OAK BANK 8/9/2019 2.000% 5/9/2022538036FB5249,000.00NA 7/29/2019 8/9/2019249,000.00 2.00 252,888.76LIVE OAK BANKMERRICK BANK 6/11/2019 2.450% 6/10/202259013KAM8249,000.00NA 6/3/2019 6/11/2019249,000.00 2.45 254,305.58MERRICK BANKFLAGSTAR BANK 6/12/2019 2.500% 6/13/202233847E2J5246,000.00NA 5/29/2019 6/12/2019246,000.00 2.50 251,403.25FLAGSTAR BANKHANMI BANK 7/19/2019 2.000% 7/19/2022410493EL0249,000.00NA 7/9/2019 7/19/2019249,000.00 2.00 253,652.02HANMI BANKTIAA FSB 2/4/2019 2.900% 8/4/202287270LBR3246,000.00NA 1/23/2019 2/4/2019246,000.00 2.90 253,219.97TIAA FSBCIT BANK 8/23/2019 1.950% 8/23/202212556LBB1247,000.00NA 8/12/2019 8/23/2019247,000.00 1.95 251,867.89CIT BANK NA1ST SECURITY BANK 8/30/2019 1.750% 8/30/202233625CCQ0249,000.00NA 8/12/2019 8/30/2019249,000.00 1.75 253,383.061ST SECURITY BANKFIRST SOURCE BANK 7/11/2019 2.000% 9/12/202233646CLJ1247,000.00NA 7/3/2019 7/11/2019247,000.00 2.00 252,228.73FIRST SOURCE BANKCONGRESSIONAL BANK 7/24/2019 2.050% 9/26/202220726ABC1247,000.00NA 7/11/2019 7/24/2019247,000.00 2.05 252,550.24CONGRESSIONAL BANKPLAINSCAPITAL BANK 10/11/2019 1.800% 10/11/202272663QD30247,000.00NA 10/1/2019 10/11/2019247,000.00 1.80 251,913.43PLAINSCAPITAL BANKENERBANK USA 10/31/2018 3.300% 10/31/202229278TDT4249,000.00NA 10/26/2018 10/31/2018249,000.00 3.30 259,172.98ENERBANK USADISCOVER BANK 11/1/2018 3.300% 11/1/2022254673WA0245,000.00NA 10/26/2018 11/1/2018245,000.00 3.30 255,047.31DISCOVER BANKFIRST BANK FINANCIAL 2/6/2019 2.750% 11/7/202231911QFP5249,000.00NA 1/30/2019 2/6/2019249,000.00 2.75 257,463.74FIRST BANK FINANCIAL CENPage 2 of 142021/08/24 City Council Post Agenda Page 202 of 346 City of Chula Vista Market Values as of: 6/30/2021Current InvestmentsDescription DatedDate Coupon MaturityCUSIPParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 1IssuerMORGAN STANLEY 11/8/2018 3.400% 11/8/202261760ARM3245,000.00NA 10/31/2018 11/8/2018245,000.00 3.40 255,527.59MORGAN STANLEYFSB OF DEQUEEN 7/30/2019 2.000% 11/30/2022336460CV0249,000.00NA 7/3/2019 7/30/2019249,000.00 2.00 255,149.35FSB OF DEQUEENLUANA SAVINGS BANK 6/21/2019 2.250% 12/21/2022549104GU5247,000.00NA 6/13/2019 6/21/2019247,000.00 2.25 254,264.83LUANA SAVINGS BANKVERUS BANK 6/28/2019 2.200% 12/28/202292535LCH5249,000.00NA 6/13/2019 6/28/2019249,000.00 2.20 256,234.65VERUS BANKWELLS FARGO NATL BANK 12/30/2019 1.850% 12/30/2022949495AF2249,000.00NA 12/16/2019 12/30/2019249,000.00 1.85 254,914.48WELLS FARGO NATL BANKMARTHAS VINEYARD SB 1/21/2020 1.650% 1/23/2023573125AF8249,000.00NA 1/13/2020 1/21/2020249,000.00 1.65 254,383.54MARTHAS VINEYARD SBUNITY BANK NJ 1/22/2020 1.650% 1/23/202391330ABX4249,000.00NA 1/13/2020 1/22/2020249,000.00 1.65 254,383.54UNITY BANK NJVIRGINIA PARTNERS BANK 1/27/2020 1.650% 1/27/2023928066BB4249,000.00NA 1/13/2020 1/27/2020249,000.00 1.65 254,421.10VIRGINIA PARTNERS BANKPROMISEONE BANK 2/14/2020 1.500% 2/14/202374348HAE8249,000.00NA 2/4/2020 2/14/2020249,000.00 1.50 253,946.37PROMISEONE BANKSERVISFIRST BANK 2/21/2020 1.600% 2/21/202381768PAF3249,000.00NA 1/31/2020 2/21/2020249,000.00 1.60 254,419.14SERVISFIRST BANKBANK OF PERRY COUNTY 2/21/2020 1.550% 2/21/202306425KCC1249,000.00NA 2/4/2020 2/21/2020249,000.00 1.55 254,211.83BANK OF PERRY COUNTYPEOPLEFIRST BANK 3/6/2020 1.350% 3/6/2023709771AG4249,000.00NA 2/27/2020 3/6/2020249,000.00 1.35 253,447.22PEOPLEFIRST BANKPADUCAH BANK AND TRUST 3/12/2020 1.250% 3/13/2023695292FR8249,000.00NA 2/28/2020 3/13/2020249,000.00 1.25 253,069.42PADUCAH BANK AND TRUSTFIRST CAROLINA BANK 3/24/2020 1.100% 3/24/202331944MAR6249,000.00NA 3/2/2020 3/24/2020249,000.00 1.10 252,487.43FIRST CAROLINA BANKSTATE BANK OF REESEVILLE 4/12/2019 2.550% 4/12/2023856487AQ6249,000.00NA 3/28/2019 4/12/2019249,000.00 2.55 259,074.95STATE BANK OF REESEVILLEMIDWEST COMMUNITY BANK 4/15/2020 1.200% 4/14/2023598315CE7249,000.00NA 4/3/2020 4/15/2020249,000.00 1.20 253,026.11MIDWEST COMMUNITY BANKCADENCE BANK 4/15/2020 1.300% 4/17/202312738RGA6248,000.00NA 4/2/2020 4/15/2020248,000.00 1.30 252,475.66CADENCE BANKEAGLEBANK 4/30/2019 2.650% 4/28/202327002YEL6249,000.00NA 4/16/2019 4/30/2019249,000.00 2.65 259,781.86EAGLEBANKSTEARNS BANK 2/10/2020 1.650% 5/10/2023857894F95247,000.00NA 2/4/2020 2/10/2020247,000.00 1.65 253,205.02STEARNS BANKFARMERS & MERCH SVGS BK 8/15/2019 1.950% 8/15/202330886WAB1249,000.00NA 8/1/2019 8/15/2019249,000.00 1.95 257,575.91FARMERS & MERCH SVGS BKNEBRASKALAND NATIONAL BK 8/22/2019 1.750% 8/22/202363970QFT8248,000.00NA 8/12/2019 8/22/2019248,000.00 1.75 255,541.31NEBRASKALAND NATIONAL BANKFIRSTIER BANK 8/23/2019 1.900% 8/23/202333766LAH1249,000.00NA 8/8/2019 8/23/2019249,000.00 1.90 257,393.92FIRSTIER BANKAMERICAN COMMERCE BANK 8/23/2019 1.750% 8/23/202302519TAW6249,000.00NA 8/12/2019 8/23/2019249,000.00 1.75 256,583.70AMERICAN COMMERCE BANKCELTIC BANK 8/30/2019 1.800% 8/30/202315118RRF6249,000.00NA 8/12/2019 8/30/2019249,000.00 1.80 256,812.87CELTIC BANKFIRST ST BANK 9/5/2019 1.650% 9/5/202333648RAZ2249,000.00NA 8/27/2019 9/5/2019249,000.00 1.65 256,048.46FIRST ST BANK BUXTONNATIONAL BANK OF NY CITY 9/10/2019 1.700% 9/8/2023634116CU9249,000.00NA 8/27/2019 9/10/2019249,000.00 1.70 256,350.38NATIONAL BANK OF NY CITYABACUS FEDERAL SVGS BANK 9/12/2019 1.700% 9/12/202300257TBG0249,000.00NA 8/27/2019 9/12/2019249,000.00 1.70 256,386.98ABACUS FEDERAL SVGS BANKFIRST SERVICE BANK 9/30/2019 1.750% 9/29/202333640VDB1249,000.00NA 9/17/2019 9/30/2019249,000.00 1.75 256,825.24FIRST SERVICE BANKCOMENITY CAPITAL 10/30/2018 3.450% 10/30/202320033AM86249,000.00NA 10/26/2018 10/30/2018249,000.00 3.45 266,855.42COMENITY CAPITALGOLDMAN SACHS 10/31/2018 3.500% 10/31/202338148PY84245,000.00NA 10/26/2018 10/31/2018245,000.00 3.50 262,741.00GOLDMAN SACHSUBS BANK USA 11/7/2018 3.500% 11/7/202390348JFQ8249,000.00NA 10/30/2018 11/7/2018249,000.00 3.50 267,318.17UBS BANK USABARCLAYS BANK 11/7/2018 3.450% 11/7/202306740KMU8245,000.00NA 10/29/2018 11/7/2018245,000.00 3.45 262,716.61BARCLAYS BANKMORGAN STANLEY 11/8/2018 3.550% 11/8/202361690UAZ3245,000.00NA 10/31/2018 11/8/2018245,000.00 3.55 263,319.63MORGAN STANLEYCITIBANK NA 11/9/2018 3.450% 11/9/202317312QV55245,000.00NA 10/26/2018 11/9/2018245,000.00 3.45 262,757.64CITIBANK NAWELLS FARGO BANK NA 11/9/2018 3.500% 11/9/2023949763UY0249,000.00NA 10/26/2018 11/9/2018249,000.00 3.50 267,360.56WELLS FARGO BANK NACOMMERCIAL BANK 11/15/2018 3.400% 11/15/202320143PDV9249,000.00NA 11/7/2018 11/15/2018249,000.00 3.40 266,890.39COMMERCIAL BANK HARROGATEBANK NEW ENGLAND 7/19/2019 2.150% 11/20/202306426KBH0249,000.00NA 7/10/2019 7/19/2019249,000.00 2.15 259,483.36BANK OF NEW ENGLANDBANK OF BARODA 11/30/2018 3.550% 11/30/202306062R7R7245,000.00NA 11/20/2018 11/30/2018245,000.00 3.55 263,660.80BANK OF BARODAMARLIN BUSINESS BANK 12/2/2019 1.700% 12/4/202357116ATG3249,000.00NA 11/6/2019 12/2/2019249,000.00 1.70 256,780.02MARLIN BUSINESS BANKBAR HARBOR BANK & TRUST 12/31/2018 3.300% 12/29/2023066851WH5249,000.00NA 12/19/2018 12/31/2018249,000.00 3.30 267,034.99BAR HARBOR BANK & TRUSTNAHEOLA CREDIT UNION 1/10/2020 2.000% 1/10/2024629801AB7248,000.00NA 12/20/2019 1/10/2020248,000.00 2.00 257,839.92NAHEOLA CREDIT UNIONMEDALLION BK UT 2/11/2019 3.000% 2/12/202458404DDG3249,000.00NA 1/30/2019 2/11/2019249,000.00 3.00 265,673.22MEDALLION BANK UTAHROLLSTONE BANK & TRUST 2/12/2020 1.650% 2/12/202477579ADF0247,000.00NA 2/11/2020 2/13/2020247,000.00 1.65 254,723.30ROLLSTONE BANK & TRUSTPCSB BANK 2/21/2020 1.650% 2/21/202469324MAL9249,000.00NA 2/6/2020 2/21/2020249,000.00 1.65 256,866.83PCSB BANKBANK HAPOALIM 3/25/2019 2.900% 3/25/202406251AW48246,000.00NA 3/18/2019 3/25/2019246,000.00 2.90 262,361.30BANK HAPOALIM BM NYAXOS BANK 3/26/2020 1.650% 3/26/202405465DAK4249,000.00NA 2/27/2020 3/26/2020249,000.00 1.65 257,009.22AXOS BANKNICOLET NATIONAL BANK 3/31/2020 1.150% 3/28/2024654062JR0249,000.00NA 3/18/2020 3/31/2020249,000.00 1.15 253,583.83NICOLET NATIONAL BANKLAKESIDE BANK 4/14/2020 1.250% 4/12/202451210SSH1249,000.00NA 4/3/2020 4/14/2020249,000.00 1.25 254,209.25LAKESIDE BANKJEFFERSON BANK 4/15/2020 1.250% 4/15/2024472382AQ3249,000.00NA 4/3/2020 4/15/2020249,000.00 1.25 254,224.50JEFFERSON BANKPACIFIC WESTERN BANK 4/16/2020 1.300% 4/16/202469506YRH4248,000.00NA 4/6/2020 4/16/2020248,000.00 1.30 253,551.13PACIFIC WESTERN BANKTHOMASTON SAVINGS BANK 4/23/2020 1.250% 4/23/202488457PAR8248,000.00NA 4/13/2020 4/23/2020248,000.00 1.25 253,237.86THOMASTON SAVINGS BANKNORTHWEST BANK 4/30/2020 1.100% 4/30/202466736ABT5249,000.00NA 4/17/2020 4/30/2020249,000.00 1.10 253,091.64NORTHWEST BANKPage 3 of 142021/08/24 City Council Post Agenda Page 203 of 346 City of Chula Vista Market Values as of: 6/30/2021Current InvestmentsDescription DatedDate Coupon MaturityCUSIPParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 1IssuerFIRST FREEDOM BANK 4/30/2020 1.100% 4/30/202432027BAM9249,000.00NA 4/17/2020 4/30/2020249,000.00 1.10 253,091.64FIRST FREEDOM BANKUNITED REPUBLIC BANK 5/13/2020 1.000% 5/13/2024909242AH2249,000.00NA 4/21/2020 5/13/2020249,000.00 1.00 252,423.41UNITED REPUBLIC BANKCAPITAL ONE NA 6/19/2019 2.500% 6/19/202414042RLZ2246,000.00NA 6/11/2019 6/19/2019246,000.00 2.50 260,363.92CAPITAL ONE NACAPITAL ONE BANK 6/19/2019 2.500% 6/19/202414042TAW7246,000.00NA 6/11/2019 6/19/2019246,000.00 2.50 260,363.92CAPITAL ONE BANKLCA BANK CORP 6/28/2019 2.200% 6/28/2024501798NL2247,000.00NA 6/19/2019 6/28/2019247,000.00 2.20 259,310.95LCA BANK CORPORATIONREVERE BANK 6/28/2019 2.300% 6/28/2024761402BY1247,000.00NA 6/18/2019 6/28/2019247,000.00 2.30 260,054.37REVERE BANKCENTURY NEXT BANK 7/17/2019 2.000% 7/17/2024156634AS6249,000.00NA 7/3/2019 7/17/2019249,000.00 2.00 259,964.05CENTURY NEXT BANKCF BANK 8/19/2019 1.850% 8/19/202415721UDB2247,000.00NA 8/8/2019 8/19/2019247,000.00 1.85 256,883.79CF BANKFIRST RESOURCE BANK 8/21/2019 1.700% 8/21/202433617LAC3249,000.00NA 8/12/2019 8/21/2019249,000.00 1.70 257,801.26FIRST RESOURCE BANKCALDWELL BANK & TRUST 8/23/2019 1.900% 8/23/2024128829AF5247,000.00NA 8/7/2019 8/23/2019247,000.00 1.90 257,295.32CALDWELL BANK & TRUSTWASHINGTON FEDERAL 8/23/2019 2.050% 8/23/2024938828BJ8249,000.00NA 7/29/2019 8/23/2019249,000.00 2.05 260,574.06WASHINGTON FEDERALGENOA BANKING COMPANY 8/28/2019 1.800% 8/28/2024372348CK6249,000.00NA 8/12/2019 8/28/2019249,000.00 1.80 258,645.73GENOA BANKING COMPANYMERCHANTS STATE BANK 8/30/2019 1.800% 8/30/2024589227AG2247,000.00NA 8/7/2019 8/30/2019247,000.00 1.80 256,427.51MERCHANTS STATE BANKPREFERRED BANK 8/30/2019 1.850% 8/30/2024740367HS9249,000.00NA 8/7/2019 8/30/2019249,000.00 1.85 258,913.00PREFERRED BANKPEOPLES BANK ROCK VALLEY 3/10/2020 1.500% 9/10/2024710665FD7249,000.00NA 2/24/2020 3/10/2020249,000.00 1.50 256,206.77PEOPLES BANK ROCK VALLEYALMA BANK 9/11/2019 1.750% 9/11/2024020080BL0249,000.00NA 8/27/2019 9/11/2019249,000.00 1.75 258,214.24ALMA BANKBANK OF OLD MONROE 9/18/2019 1.700% 9/18/2024064236BG6249,000.00NA 8/27/2019 9/18/2019249,000.00 1.70 257,866.23BANK OF OLD MONROESPRING BANK 9/19/2019 1.650% 9/19/2024849430BA0249,000.00NA 8/27/2019 9/19/2019249,000.00 1.65 257,470.71SPRING BANKENTERPRISE BANK 9/27/2019 1.800% 9/27/202429367RLA2247,000.00NA 9/17/2019 9/27/2019247,000.00 1.80 256,653.30ENTERPRISE BANKBANKWEST INC 9/27/2019 1.700% 9/27/202406652CHB0249,000.00NA 9/12/2019 9/27/2019249,000.00 1.70 257,933.44BANKWEST INCUINTA BANK 10/16/2019 1.700% 10/16/2024903572DX0247,000.00NA 10/4/2019 10/16/2019247,000.00 1.70 255,839.94UINTA BANKMUTUALBANK 10/22/2019 1.700% 10/22/202462844AAP2249,000.00NA 10/4/2019 10/22/2019249,000.00 1.70 257,968.13MUTUALBANKFIRST BANK OF NEBRASKA 10/30/2019 1.700% 10/30/202432116PAM0249,000.00NA 10/9/2019 10/30/2019249,000.00 1.70 257,874.04FIRST BANK OF NEBRASKAENTERPRISE BANK & TRUST 11/8/2019 1.800% 11/8/202429367SJQ8249,000.00NA 10/22/2019 11/8/2019249,000.00 1.80 258,778.21ENTERPRISE BANK & TRUSTTRIAD BANK 11/8/2019 1.800% 11/8/202489579NCB7249,000.00NA 11/4/2019 11/8/2019249,000.00 1.80 258,778.21TRIAD BANKMAINE SAVINGS FCU 11/8/2019 1.900% 11/8/2024560507AN5245,000.00NA 2/3/2020 2/5/2020247,305.45 1.69 255,446.98MAINE SAVINGS FCUCOMMERCIAL BANK 11/13/2019 1.750% 11/13/2024201282JB7249,000.00NA 10/31/2019 11/13/2019249,000.00 1.75 258,396.26COMMERCIAL BANK ALMA MICOMMUNITY STATE BANK IL 3/2/2020 1.550% 12/2/202420404YCF0249,000.00NA 2/13/2020 3/2/2020249,000.00 1.55 256,672.01COMMUNITY STATE BANK ILCOMMUNITY BANK TEXAS 12/4/2019 1.800% 12/4/2024204161BJ1249,000.00NA 11/20/2019 12/4/2019249,000.00 1.80 258,825.76COMMUNITY BANK TEXASBANK FORWARD 12/18/2019 1.750% 12/18/2024062163BN9249,000.00NA 12/5/2019 12/18/2019249,000.00 1.75 258,501.21BANK FORWARDFREEDOM FINANCIAL BANK 2/14/2020 1.550% 2/14/202535637RDC8249,000.00NA 2/6/2020 2/14/2020249,000.00 1.55 256,798.41FREEDOM FINANCIAL BANKFIRST NATL BANK MICHIGAN 2/14/2020 1.650% 2/14/202532114VBT3249,000.00NA 2/4/2020 2/14/2020249,000.00 1.65 257,703.10FIRST NATL BANK MICHIGANAMERICAN STATE BANK IA 2/21/2020 1.600% 2/21/2025029728BC5249,000.00NA 2/6/2020 2/21/2020249,000.00 1.60 257,293.80AMERICAN STATE BANK IABELL BANK CORP 2/27/2020 1.600% 2/27/202507815AAZ0249,000.00NA 2/10/2020 2/27/2020249,000.00 1.60 257,330.70BELL BANK CORPAMERICAN EAGLE BANK IL 2/28/2020 1.600% 2/28/202502554BCZ2249,000.00NA 2/18/2020 3/2/2020249,000.00 1.60 257,336.86AMERICAN EAGLE BANK ILHORIZON BANK WAVERLY NE 2/28/2020 1.550% 2/28/202544042TBX1249,000.00NA 2/6/2020 2/28/2020249,000.00 1.55 256,879.80HORIZON BANK WAVERLY NEFNB OF ALBANY 2/28/2020 1.600% 2/28/202532117WAN2249,000.00NA 2/25/2020 2/28/2020249,000.00 1.60 257,336.86FNB OF ALBANYIOWA STATE BANK 3/5/2020 1.500% 3/5/202546256YBF5248,000.00NA 2/24/2020 3/5/2020248,000.00 1.50 255,241.38IOWA STATE BANKACCESS BANK OMAHA NE 3/13/2020 1.600% 3/13/202500435JBH5249,000.00NA 2/27/2020 3/13/2020249,000.00 1.60 257,247.77ACCESS BANK OMAHA NEMCHENRY SAVINGS BANK 3/13/2020 1.550% 3/13/202558117WAG2249,000.00NA 2/25/2020 3/13/2020249,000.00 1.55 256,786.48MCHENRY SAVINGS BANKFNB BANK INC/ROMNEY 3/18/2020 1.150% 3/18/202530257JAR6249,000.00NA 3/2/2020 3/18/2020249,000.00 1.15 253,111.15FNB BANK INC/ROMNEYHARDIN COUNTY BANK 3/27/2020 1.000% 3/27/2025411822CN7249,000.00NA 3/9/2020 3/27/2020249,000.00 1.00 251,740.07HARDIN COUNTY BANKBANK OF ROMNEY 3/27/2020 1.150% 3/27/2025064657BB4249,000.00NA 3/2/2020 3/27/2020249,000.00 1.15 253,138.07BANK OF ROMNEYSAN FRANCISCO CREDIT UNION 3/27/2020 1.100% 3/27/202579772FAF3249,000.00NA 3/10/2020 3/27/2025249,000.00 1.10 252,672.07SAN FRANCISCO CREDIT UNIONCENTRAL BANK 3/27/2020 1.000% 3/27/2025152577AZ5249,000.00NA 3/11/2020 3/27/2020249,000.00 1.00 251,740.07CENTRAL BANKKNOXVILLE TVA EMPL CR UNION 3/31/2020 1.000% 3/31/2025499724AM4249,000.00NA 3/11/2020 3/31/2020249,000.00 1.00 251,409.82KNOXVILLE TVA EMPL CREDIT UNIONCENTERSTATE BANK 3/30/2020 1.000% 3/31/202515201QCJ4248,000.00NA 3/10/2020 3/30/2020248,000.00 1.00 250,395.41CENTERSTATE BANKGOLD COAST BANK 4/15/2020 1.300% 4/15/202538058KEF9249,000.00NA 3/31/2020 4/15/2020249,000.00 1.30 254,440.03GOLD COAST BANKSYNCHRONY BANK 4/17/2020 1.450% 4/17/202587164WZS0248,000.00NA 4/6/2020 4/17/2020248,000.00 1.45 254,827.41SYNCHRONY BANKSTATE BANK OF INDIA 4/29/2020 1.600% 4/29/2025856285TF8248,000.00NA 4/13/2020 4/29/2020248,000.00 1.60 256,308.58STATE BANK OF INDIABELMONT BANK & TRUST 4/30/2020 1.300% 4/30/202508016PDP1249,000.00NA 4/3/2020 4/30/2020249,000.00 1.30 254,324.44BELMONT BANK & TRUSTM1 BANK 5/8/2020 1.000% 5/8/202555316CAY2248,000.00NA 4/27/2020 5/8/2020248,000.00 1.00 250,461.10M1 BANKPage 4 of 142021/08/24 City Council Post Agenda Page 204 of 346 City of Chula Vista Market Values as of: 6/30/2021Current InvestmentsDescription DatedDate Coupon MaturityCUSIPParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 1IssuerCERTIFICATE OF DEPOSIT SUBTOTAL37,235,000.0037,237,305.45 38,286,052.75COMMERCIAL PAPER SUBTOTAL0.000.00 0.00SAN DIEGO G & E 8/18/2011 3.000% 8/15/2021797440BN31,986,000.00A 3/18/2019 3/20/20191,989,081.96 2.93 1,992,375.06SAN DIEGO G & ENORTHERN TRUST CORP 8/22/2011 3.375% 8/23/2021665859AM63,000,000.00A+ 10/15/2018 10/17/20183,012,390.00 3.22 3,013,350.00NORTHERN TRSTCATERPILLAR 9/7/2018 3.150% 9/7/202114913Q2N82,000,000.00A 10/15/2018 10/17/20181,997,720.00 3.19 2,010,880.00CATERPILLAR FINLTOYOTA MOTOR CREDIT 9/15/2011 3.400% 9/15/202189233P5F91,000,000.00A+ 9/10/2018 9/12/20181,008,320.00 3.11 1,006,480.00TOYOTA MOTOR CORPORACLE CORP 7/7/2016 1.900% 9/15/202168389XBK01,000,000.00BBB+ 9/10/2018 9/12/2018967,460.00 3.04 1,002,110.00ORACLE CORPJOHNSON & JOHNSON 3/3/2017 2.250% 3/3/2022478160CD44,000,000.00AAA 8/10/2018 8/14/20183,927,409.77 2.79 4,048,840.00JOHNSON & JOHNSONAMERICAN EXPRESS CREDIT 3/3/2017 2.700% 3/3/20220258M0EG03,000,000.00A- 8/10/2018 8/14/20182,950,375.28 3.20 3,043,680.00AMERICAN EXPRESS COUS BANCORP 3/2/2012 3.000% 3/15/202291159HHC73,000,000.00A+ 8/10/2018 8/14/20182,983,027.74 3.17 3,052,050.00US BANCORPMUFG UNION BANK 3/7/2019 3.150% 4/1/202290520EAH41,245,000.00A 7/15/2019 7/18/20191,270,580.80 2.34 1,269,202.80MUFG UNION BANKGLAXOSMITHKLINE 5/9/2012 2.850% 5/8/2022377373AD73,000,000.00A 3/12/2019 3/15/20193,003,447.00 2.81 3,067,230.00GLAXOSMITHKLINE CAPITALQUALCOMM INC 5/20/2015 3.000% 5/20/2022747525AE32,595,000.00A- 3/4/2019 3/6/20192,583,984.23 3.14 2,659,589.55QUALCOMM INCAMERICAN HONDA FINANCE 6/27/2019 2.200% 6/27/202202665WCY52,500,000.00A- 1/14/2020 1/16/20202,522,150.00 1.83 2,547,800.00AMERICAN HONDA FINANCEUNITED HEALTH 7/23/2015 3.350% 7/15/202291324PCN03,000,000.00A+ 9/10/2018 9/13/20183,012,282.41 3.24 3,096,480.00UNITED HEALTHPNC BANK 7/28/2017 2.450% 7/28/202269353RFE34,000,000.00A 10/15/2018 10/17/20183,848,511.48 3.53 4,086,240.00PNC BANK NAPACCAR FINANCIAL 8/10/2017 2.300% 8/10/202269371RN772,500,000.00A+ 8/13/2019 8/15/20192,518,000.00 2.05 2,556,475.00PACCAR FINANCIALPROCTOR & GAMBLE 8/11/2017 2.150% 8/11/2022742718EU93,000,000.00AA- 10/25/2018 10/29/20182,884,787.82 3.24 3,063,510.00PROCTOR & GAMBLE COESTEE LAUDER CO 8/2/2012 2.350% 8/15/202229736RAE0250,000.00A+ 1/23/2020 1/27/2020253,905.00 1.72 255,667.50ESTEE LAUDER COCHARLES SCHWAB CORP 8/27/2012 3.225% 9/1/2022808513AG02,376,000.00A 1/14/2020 1/16/20202,462,391.36 1.80 2,453,196.24CHARLES SCHWAB CORPTOYOTA MOTOR CREDIT 9/8/2017 2.150% 9/8/202289236TEC51,500,000.00A+ 8/30/2019 9/4/20191,514,085.00 1.83 1,533,975.00TOYOTA MOTOR CORPWALT DISNEY COMPANY 9/15/2019 3.000% 9/15/2022254687CM61,095,000.00BBB+ 1/27/2020 1/29/20201,133,116.95 1.64 1,130,478.00THE WALT DISNEY COMPANY (TWDC)JP MORGAN CHASE 9/24/2012 3.250% 9/23/202246625HJE12,530,000.00A- 1/27/2020 1/29/20202,626,443.60 1.77 2,621,029.40JP MORGAN CHASEPACCAR FINANCIAL 9/26/2019 2.000% 9/26/202269371RQ331,000,000.00A+ 5/4/2020 5/6/20201,019,963.31 1.15 1,020,320.00PACCAR FINANCIALUNITED PARCEL SERVICE 9/27/2012 2.450% 10/1/2022911312AQ93,750,000.00A- 10/25/2018 10/29/20183,624,712.50 3.37 3,852,000.00UNITED PARCEL SERVICE INCUNITED HEALTH 10/25/2017 2.375% 10/15/202291324PDD12,504,000.00A+ 7/25/2019 7/29/20192,516,845.52 2.21 2,570,631.44UNITED HEALTHCHUBB INA HOLDINGS INC 11/3/2015 2.875% 11/3/202200440EAU12,500,000.00A 1/23/2020 1/27/20202,569,175.00 1.78 2,573,900.00ACE INA HOLDINGSAMERICAN HONDA FINANCE 11/16/2017 2.600% 11/16/202202665WCA7474,000.00A- 7/25/2019 7/29/2019479,232.96 2.25 489,220.14AMERICAN HONDA FINANCEWALT DISNEY COMPANY 11/30/2012 2.350% 12/1/202225468PCW41,500,000.00BBB+ 9/10/2019 9/12/20191,519,558.43 1.93 1,541,610.00TWDC ENTERPRISES 18 CORPCOOPERATIVE RABOBANK NY 1/10/2018 2.750% 1/10/202321688AAL62,500,000.00A+ 3/25/2019 3/28/20192,485,700.00 2.91 2,591,750.00COOPERATIVE RABOBANK NYNIKE INC 4/26/2013 2.250% 5/1/2023654106AC71,200,000.00AA- 7/26/2019 7/30/20191,206,456.00 2.09 1,237,080.00NIKE INCBP CAPITAL MARKETS 11/10/2018 2.750% 5/10/202310373QAL43,490,000.00A- 6/4/2019 6/6/20193,510,940.00 2.59 3,633,857.80BP CAPITAL MARKETS AMERICALOEWS CORP 5/7/2013 2.625% 5/15/2023540424AQ11,500,000.00A 2/5/2020 2/7/20201,538,700.00 1.74 1,552,470.00LOEWS CORPSIMON PROPERTY GROUP LP 12/11/2017 2.750% 6/1/2023828807DD62,000,000.00A- 1/9/2020 1/13/20202,050,240.00 1.92 2,075,420.00SIMON PROPERTY GROUP LPJOHN DEERE 6/7/2018 3.450% 6/7/202324422EUH02,000,000.00A 2/6/2020 2/10/20202,111,060.00 1.72 2,120,200.00JOHN DEERE CAPITAL CORPGILEAD SCIENCES 9/20/2016 2.500% 9/1/2023375558BL63,092,000.00BBB+ 6/3/2019 6/5/20193,086,640.60 2.54 3,218,772.00GILEAD SCIENCESCUMMINS INC 9/24/2013 3.650% 10/1/2023231021AR73,500,000.00A+ 7/15/2019 7/18/20193,689,081.20 2.22 3,722,460.00CUMMINS INCCATERPILLAR 12/7/2018 3.650% 12/7/202314913Q2S73,700,000.00A 6/4/2019 6/6/20193,870,829.00 2.56 3,985,603.00CATERPILLAR FINL GEORGIA-PACIFIC 12/11/2003 8.000% 1/15/2024373298CF3320,000.00A+ 7/24/2019 7/26/2019395,206.40 2.42 378,998.40GEORGIA-PACIFICJOHN DEERE 6/7/2019 2.600% 3/7/202424422EUX53,000,000.00A 5/1/2020 5/5/20203,154,993.53 1.22 3,162,660.00JOHN DEERE CAPITAL CORPUNILEVER CAPITAL 5/5/2017 2.600% 5/5/2024904764AX51,500,000.00A+ 2/4/2020 2/6/20201,550,235.00 1.75 1,581,750.00UNILEVER CAPITALUNILEVER CAPITAL 5/5/2017 2.600% 5/5/2024904764AX52,000,000.00A+ 2/6/2020 2/10/20202,063,700.00 1.79 2,109,000.00UNILEVER CAPITALAPPLE INC 5/6/2014 3.450% 5/6/2024037833AS9250,000.00AA+ 1/31/2020 2/4/2020268,607.50 1.63 270,782.50APPLE INCAPPLE INC 5/11/2017 2.850% 5/11/2024037833CU2650,000.00AA+ 2/5/2020 2/7/2020679,640.00 1.69 689,884.00APPLE INCTEXAS INSTRUMENTS 5/4/2017 2.625% 5/15/2024882508BB91,000,000.00A+ 7/16/2019 7/19/20191,015,040.00 2.28 1,054,350.00TEXAS INSTRUMENTSBNY MELLON 5/7/2014 3.400% 5/15/202406406HCV9600,000.00A 5/4/2020 5/6/2020647,702.11 1.36 646,500.00BANK OF NEW YORK MELLON CORPEXXON MOBIL CO 8/16/2019 2.019% 8/16/202430231GBC51,000,000.00AA- 6/28/2021 6/30/20211,042,229.78 0.65 1,041,830.00EXXON MOBIL COAMAZON.COM INC 2/22/2018 2.800% 8/22/2024023135AZ9226,000.00AA 1/14/2020 1/16/2020234,784.62 1.88 240,473.04AMAZON.COM INCBURLINGTON NORTH SANTA FE 8/18/2014 3.400% 9/1/202412189LAT81,000,000.00AA- 1/14/2020 1/16/20201,063,990.00 1.87 1,080,890.00BURLINGTON NORTH SANTA FEPAYPAL HOLDING 9/26/2019 2.400% 10/1/202470450YAC7950,000.00A- 6/28/2021 6/30/20211,002,643.56 0.67 1,000,606.50PAYPAL HOLDINGHERSHEY COMPANY 10/31/2019 2.050% 11/15/2024427866BC1677,000.00A 1/14/2020 1/16/2020682,504.01 1.87 706,199.01HERSHEY COMPANYCORPORATE NOTE SUBTOTAL96,460,000.0097,549,881.43 99,659,856.38Page 5 of 142021/08/24 City Council Post Agenda Page 205 of 346 City of Chula Vista Market Values as of: 6/30/2021Current InvestmentsDescription DatedDate Coupon MaturityCUSIPParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 1IssuerFFCB9/17/2019 1.625% 9/17/20213133EKP674,500,000.00AA+ 9/10/2019 9/17/20194,496,580.00 1.66 4,514,985.00FED FARM CREDITFFCB10/19/2018 3.000% 10/19/20213133EJK243,000,000.00AA+ 10/26/2018 10/29/20183,008,203.24 2.90 3,026,190.00FED FARM CREDITFFCB1/21/2020 1.600% 1/21/20223133ELHR82,000,000.00AA+ 1/13/2020 1/21/20202,000,000.00 1.60 2,016,900.00FED FARM CREDITFAMCA 6/21/2019 1.950% 6/21/202231422BGP91,000,000.00NR 7/26/2019 7/30/20191,001,250.49 1.91 1,017,690.00FARMER MACFHLB8/15/2013 3.125% 9/9/2022313383WD93,000,000.00AA+ 10/26/2018 10/30/20183,018,561.00 2.95 3,106,530.00FED HOME LN BANKFNMA10/6/2017 2.000% 10/5/20223135G0T783,000,000.00AA+ 10/29/2018 10/30/20182,894,940.00 2.95 3,068,850.00FANNIE MAEFFCB8/14/2019 1.600% 8/14/20233133EKZK52,719,000.00AA+ 8/21/2019 8/22/20192,728,063.74 1.51 2,793,419.03FED FARM CREDITFAMCA 9/26/2019 1.740% 9/26/202431422BMD94,000,000.00NR 10/28/2019 10/31/20193,997,528.13 1.75 4,152,120.00FARMER MACFFCB10/17/2016 1.820% 10/17/20243133EGYR01,000,000.00AA+ 2/5/2020 2/6/20201,013,630.00 1.52 1,042,050.00FED FARM CREDITFFCB11/1/2019 1.650% 11/1/20243133EK4Y93,000,000.00AA+ 2/6/2020 2/7/20203,017,700.00 1.52 3,109,920.00FED FARM CREDITFEDERAL AGENCY BOND/NOTE SUBTOTAL27,219,000.0027,176,456.60 27,848,654.03U.S. TREASURY NOTE SUBTOTAL0.000.00 0.00MT SAN ANTONIO CCD-B 8/1/2013 3.753% 8/1/2021623040HF22,100,000.00AA 11/30/2018 12/5/20182,141,664.00 2.97 2,106,090.00MT SAN ANTONIO COMM COLLEGE DISTACALANES SD 5/30/2013 2.381% 8/1/2021004284B382,700,000.00AA 12/4/2018 12/6/20182,658,960.00 2.98 2,704,320.00ALCALANES UNION HIGH SCHOOL DISTCALIFORNIA BABS 12/1/2010 5.700% 11/1/202113063BJA13,870,000.00AA- 11/30/2018 12/4/20184,131,225.00 3.25 3,940,317.90STATE OF CALIFORNIAUNIV OF CALIFORNIA 4/20/2016 2.046% 5/15/202291412GD69200,000.00AA 5/12/2020 5/14/2020202,940.00 1.30 203,148.00UNIV OF CALIFORNIACITY OF OXNARD FIN AUTH 12/10/2019 2.063% 6/1/2022691875CZ9250,000.00AA 11/21/2019 12/10/2019250,000.00 2.06 253,595.00CITY OF OXNARD FINANCING AUTHLAKE TAHOE UNIFIED SCH DIST 5/26/2015 4.000% 8/1/2022511012MS2530,000.00A1 5/4/2020 5/6/2020564,699.10 1.03 551,772.40LAKE TAHOE UNIFIED SCHOOL DISTLOS ANGELES CNTY REDEV REF 8/25/2016 2.000% 9/1/202254465AGN61,000,000.00AA 3/16/2020 3/18/20201,019,030.00 1.21 1,019,680.00LOS ANGELES CNTY REDEV REF TARBHESPERIA CMNTY REDEV AGY 10/2/2018 3.125% 9/1/202242806KAR41,500,000.00AA 5/26/2020 6/5/20201,563,300.00 1.21 1,539,525.00HESPERIA CMNTY REDEV AGYBAY AREA CA TOLL AUTH 9/26/2019 2.184% 4/1/2023072024WN82,500,000.00AA 9/23/2019 9/30/20192,509,850.00 2.07 2,577,475.00BAY AREA CA TOLL AUTHUNIV OF CALIFORNIA 9/28/2017 2.519% 5/15/202391412G2U82,000,000.00AA- 10/30/2019 11/1/20192,043,540.00 1.88 2,077,020.00UNIV OF CALIFORNIACALIFORNIA HEALTH FAC FIN 11/25/2019 1.970% 6/1/202313032UVA31,000,000.00AA- 11/20/2019 11/25/20191,000,000.00 1.97 1,029,760.00CALIFORNIA HEALTH FACILITY FIN AUTHCITY OF ONTARIO CA 5/21/2020 2.216% 6/1/202368304FAC0200,000.00AA 5/15/2020 5/21/2020203,506.00 1.62 203,804.00CITY OF ONTARIO CASTHRN PUB PWR AUTH-B 3/26/2014 3.458% 7/1/202384247PHY03,960,000.00AA- 12/12/2018 12/14/20184,028,389.20 3.05 4,194,511.20SOUTHERN CA PUBLIC POWER AUTHGARDEN GROVE UNIFIED SD 10/16/2019 1.926% 8/1/2023365298Y44245,000.00AA- 9/25/2019 10/16/2019245,000.00 1.93 251,943.30GARDEN GROVE UNIFIED SDPOWAY UNIFIED SCHOOL DIST 10/16/2019 1.992% 8/1/2023738850SW71,000,000.00AA- 9/27/2019 10/16/20191,000,000.00 1.99 1,026,140.00POWAY UNIFIED SCHOOL DISTCOACHELLA VALLEY USD 10/17/2019 1.899% 8/1/2023189849MF6555,000.00AA 10/4/2019 10/17/2019555,000.00 1.90 569,607.60COACHELLA VALLEY USDSAN RAFAEL ELEM SCH DIST 11/13/2019 1.865% 8/1/2023799306QJ7980,000.00AA 11/1/2019 11/13/2019980,000.00 1.87 1,007,155.80SAN RAFAEL ELEM SCH DISTWEST CONTRA COSTA USD 5/12/2020 1.569% 8/1/20239523472D3500,000.00AA- 5/5/2020 5/12/2020500,000.00 1.57 511,535.00WEST CONTRA COSTA USDPOMONA PENSN OBLG 8/20/2020 4.000% 8/1/202373208PBD2500,000.00AA- 10/15/2020 10/19/2020541,065.00 1.00 531,085.00POMONA PENSION OBLGSTATE OF CALIFORNIA 10/26/2017 2.250% 10/1/202313063DDG02,500,000.00AA- 11/30/2018 12/5/20182,401,525.00 3.14 2,602,750.00STATE OF CALIFORNIASTATE OF CALIFORNIA 10/26/2017 2.250% 10/1/202313063DDG04,000,000.00AA- 10/29/2018 10/31/20183,848,480.00 3.09 4,164,400.00STATE OF CALIFORNIACALIFORNIA STATE UNIVERSITY 2/27/2020 1.557% 11/1/202313077DKB7400,000.00AA- 2/6/2020 2/27/2020400,000.00 1.56 409,508.00CALIFORNIA STATE UNIVERSITYBAKERSFIELD SCHOOL 3/29/2017 5.500% 11/1/2023057507KL8335,000.00A+ 5/4/2020 5/6/2020385,524.70 1.08 373,742.75BAKERSFIELD SCHOOL DISTRICTSTATE OF CALIFORNIA 4/4/2019 3.000% 4/1/202413063DLZ93,000,000.00AA- 7/26/2019 7/30/20193,125,010.00 2.06 3,198,240.00STATE OF CALIFORNIACITY OF RIVERSIDE PENSN 6/11/2020 2.107% 6/1/2024769036BL7250,000.00AA 6/5/2020 6/11/2020250,000.00 2.11 258,152.50CITY OF RIVERSIDE PENSN OBLGCENTRAL UNIFIED SCHOOL DIST 6/18/2014 5.000% 7/1/202415276PAV1795,000.00AA 4/28/2020 4/30/2020916,786.05 1.22 905,950.20CENTRAL UNIFIED SCHOOL DISTRICTSAN RAFAEL ELEM SCH DIST 11/13/2019 1.965% 8/1/2024799306QK41,200,000.00AA 11/1/2019 11/13/20191,200,000.00 1.97 1,244,088.00SAN RAFAEL ELEM SCH DISTSANTA MONICA-MALIBU USD 11/6/2019 1.719% 8/1/2024802498UH6250,000.00AA+ 10/8/2019 11/6/2019250,000.00 1.72 258,555.00SANTA MONICA-MALIBU USDGILROY UNIFIED SD 10/30/2019 1.833% 8/1/2024376087FZ0500,000.00AA- 10/9/2019 10/31/2019500,000.00 1.83 516,055.00GILROY UNIFIED SDLONG BEACH CCD 10/23/2019 1.803% 8/1/2024542411NJ81,315,000.00AA 10/9/2019 10/23/20191,315,000.00 1.80 1,363,786.50LONG BEACH CCDCOACHELLA VALLEY USD 10/17/2019 1.999% 8/1/2024189849MG4365,000.00AA 10/9/2019 10/17/2019365,492.75 1.97 377,428.25COACHELLA VALLEY USDSAN BERNARDINO CCD 12/12/2019 2.044% 8/1/2024796720MY3700,000.00AA 11/21/2019 12/12/2019700,000.00 2.04 731,549.00SAN BERNARDINO CCDSAN BERNARDINO CCD 12/12/2019 2.044% 8/1/2024796720MG21,000,000.00AA 11/21/2019 12/12/20191,000,000.00 2.04 1,045,070.00SAN BERNARDINO CCDSONOMA CNTY JR COLLEGE 11/12/2019 2.061% 8/1/2024835569GR91,000,000.00AA 10/23/2019 11/12/20191,000,000.00 2.06 1,044,020.00SONOMA CNTY JR COLLEGE DISTVAL VERDE UNIFIED SCH DIST 6/19/2020 1.654% 8/1/202491882RFU1215,000.00AA 6/10/2020 6/19/2020215,000.00 1.65 219,082.85VAL VERDE UNIFIED SCH DISTOAK GROVE SCHOOL DISTRICT 6/25/2020 1.276% 8/1/2024671205Y63200,000.00AA 6/12/2020 6/25/2020200,000.00 1.28 203,590.00OAK GROVE SCHOOL DISTRICTCARSON REDEV AGY TAB 9/3/2020 1.188% 8/1/202414575TDY5600,000.00AA 8/12/2020 9/3/2020600,000.00 1.19 603,846.00CARSON REDEV AGY TABSANTA ANA CMNTY REDEV AGY 11/8/2018 3.683% 9/1/2024801096AS72,000,000.00AA 1/13/2020 1/17/20202,157,220.00 1.90 2,188,020.00SANTA ANA CMNTY REDEV AGYSTATE OF CALIFORNIA 3/18/2015 4.000% 3/1/202513063CQS2750,000.00AA- 4/27/2020 4/29/2020845,032.50 1.29 849,382.50STATE OF CALIFORNIASAN FRANCISCO CTY/CNTY 2/27/2020 1.894% 3/1/2025797679CC9255,000.00A 2/13/2020 2/27/2020255,000.00 1.89 261,956.40SAN FRANCISCO CITY/CNTY PORT COMMPage 6 of 142021/08/24 City Council Post Agenda Page 206 of 346 City of Chula Vista Market Values as of: 6/30/2021Current InvestmentsDescription DatedDate Coupon MaturityCUSIPParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 1IssuerGARDENA PENSN OBLIG 11/24/2020 1.702% 4/1/2025365471AE1250,000.00AA- 11/20/2020 11/24/2020257,455.00 1.00 255,605.00GARDENA PENSN OBLIGCA STWD CMNTY DEV TRANS 10/8/2020 1.061% 6/1/202513079XBT21,000,000.00AA 9/23/2020 10/8/20201,000,000.00 1.06 990,340.00CA STWD CMNTY DEV TRANSCITY OF ONTARIO CA POB 5/21/2020 2.537% 6/1/202568304FAE61,000,000.00AA 5/20/2020 6/5/20201,027,770.00 1.95 1,034,830.00CITY OF ONTARIO CA POBCITY OF SAN BERNARDINO USD 9/24/2020 1.114% 8/1/2025796711G942,250,000.00AA 9/11/2020 9/24/20202,250,000.00 1.11 2,252,160.00CITY OF SAN BERNARDINO USDCOLTON UNIFIED SD 10/28/2020 1.052% 8/1/2025197036PL42,475,000.00AA 10/15/2020 10/28/20202,475,000.00 1.05 2,490,048.00COLTON UNIFIED SDCARPINTERIA UNIFIED SCH DIST 11/18/2020 1.100% 8/1/2025144393NA91,210,000.00AA- 10/28/2020 11/18/20201,212,758.80 1.05 1,197,561.20CARPINTERIA UNIFIED SCH DISTPOMONA PENSION OBLG 8/20/2020 4.000% 8/1/202573208PBF71,675,000.00AA- 9/14/2020 9/16/20201,878,964.75 1.41 1,845,029.25POMONA PENSION OBLGMUNICIPAL BOND SUBTOTAL57,080,000.0058,170,187.85 59,183,231.60IADB9/14/2017 1.750% 9/14/20224581X0CZ95,000,000.00AAA 8/10/2018 8/14/20184,794,949.30 2.82 5,094,150.00INTERAMER DEVSUPRANATIONAL SUBTOTAL5,000,000.004,794,949.30 5,094,150.00LOCAL AGENCY INVESTMENT FUND28,743,238.1828,743,238.18 28,745,623.01 SD COUNTY INVESTMENT POOL192,258,987.45192,258,987.45 192,486,121.36 POOLED INVESTMENTS SUBTOTAL221,002,225.63221,002,225.63 221,231,744.37 MONEY MARKET FUND7,493,151.077,493,151.07 7,493,151.07PLACEMENT SERVICE DEPOSITS (CDARS)4,145,563.324,145,563.32 4,145,563.32ALL INVESTMENTSGRAND TOTAL460,425,307.54462,442,295.35 467,842,018.531 The Market Value for LAIF and San Diego County Investment Pool are calculated using the Market Value/Fair Value Factor provided by those agencies.Page 7 of 142021/08/24 City Council Post Agenda Page 207 of 346 City of Chula VistaActivity for the Quarter Ended June 30, 2021MATURITYSecurityTypeDesc Description DatedDate Coupon MaturityCUSIPParS & P TradeDate SettleDateBook Value YTM IssuerApr-21CERTIFICATE OF DEPOSIT BANK OF WISCONSIN DELLS 4/9/2020 1.300% 4/9/2021 065847EJ0 249,000.00NA 4/3/2020 4/9/2020249,000.00 1.30BANK OF WISCONSIN DELLSCORPORATE NOTE MORGAN STANLEY 4/21/2016 2.500% 4/21/2021 61746BEA0 450,000.00BBB+ 5/11/2016 5/16/2016452,893.502.36 MORGAN STANLEYCORPORATE NOTE DETROIT EDISON 5/18/2011 3.900% 4/23/2021 250847EG1 3,000,000.00A 2/12/2019 2/14/20193,058,680.002.91 DETROIT EDISONMay-21CERTIFICATE OF DEPOSIT PINNACLE BANK 2/14/2020 1.650% 5/14/2021 72345SKB6 249,000.00NA 1/31/2020 2/14/2020249,000.001.65 PINNACLE BANKJun-21FEDERAL AGENCY FAMCA 7/24/2019 1.900% 6/1/2021 31422BJC5 3,000,000.00NR 7/30/2019 8/2/20192,997,750.001.94 FARMER MACCERTIFICATE OF DEPOSIT WEX BANK 6/7/2019 2.500% 6/7/2021 92937CJM1 246,000.00NA 5/28/2019 6/7/2019246,000.002.50 WEX BANKMUNICIPAL BOND LOS ALTOS ELEMENTARY SD 10/17/2019 2.143% 6/11/2021 544290JC4 2,000,000.00SP-1+ 9/27/2019 10/17/20192,000,000.002.14 LOS ALTOS ELEMENTARY SDCORPORATE NOTE CITIBANK NA 7/23/2018 3.400% 6/23/2021 17325FAQ1 3,000,000.00A+ 10/15/2018 10/17/20182,999,040.003.41 CITIBANK NATotal 12,194,000.00BUYSecurityTypeDesc Description DatedDate Coupon MaturityCUSIPParS & P TradeDate SettleDateBook Value YTM IssuerApr-21May-21Jun-21CORPORATE NOTEEXXON MOBIL CO8/16/2019 2.019% 8/16/2024 30231GBC5 1,000,000.00AA- 6/28/2021 6/30/20211,042,229.780.65 EXXON MOBIL COCORPORATE NOTEPAYPAL HOLDING9/26/2019 2.400% 10/1/2024 70450YAC7 950,000.00A- 6/28/2021 6/30/20211,002,643.560.67 PAYPAL HOLDINGTotal 1,950,000.00Page 8 of 142021/08/24 City Council Post Agenda Page 208 of 346 City of Chula VistaToday's Date: 6/30/2021Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years ALLYA 2018-3 A3130,367.52 1/17/2023 566 -$ -$ 130,367.52$ -$ -$ -$ FORDF 2019-1 A 1,500,000.00 3/15/2024 989 -$ -$ -$ 1,500,000.00$ -$ -$ CAPITAL ONE 2019-A2 A2 2,000,000.00 8/15/2024 1142 -$ -$ -$ -$ 2,000,000.00$ -$ CITIBANK 2018-A6 A6560,000.00 12/7/2024 1256 -$ -$ -$ -$ 560,000.00$ -$ WORLD OMNI 2018-D A4 600,000.00 12/16/2024 1265 -$ -$ -$ -$ 600,000.00$ -$ ASSET-BACKED SECURITY-$ -$ 130,367.52$ 1,500,000.00$ 3,160,000.00$ -$ ZIONS BANCORP247,000.00 7/16/2021 16 247,000.00$ -$ -$ -$ -$ -$ ESSA BANK & TRUST PA 247,000.00 7/29/2021 29 247,000.00$ -$ -$ -$ -$ -$ FIRST NATIONAL BANK/DAMA 249,000.00 7/30/2021 30 249,000.00$ -$ -$ -$ -$ -$ NORTHSIDE COMMUNITY BANK 249,000.00 8/9/2021 40 249,000.00$ -$ -$ -$ -$ -$ PIONEER BANK247,000.00 8/16/2021 47 247,000.00$ -$ -$ -$ -$ -$ SYNOVUS BANK247,000.00 8/16/2021 47 247,000.00$ -$ -$ -$ -$ -$ KANSAS STATE BANK 249,000.00 8/23/2021 54 249,000.00$ -$ -$ -$ -$ -$ RIVERWIND BANK249,000.00 8/23/2021 54 249,000.00$ -$ -$ -$ -$ -$ WAKEFIELD CO-OP BANK 247,000.00 8/25/2021 56 247,000.00$ -$ -$ -$ -$ -$ MAIN STREET BANK249,000.00 9/7/2021 69 249,000.00$ -$ -$ -$ -$ -$ COMMUNITY FIRST BANK 249,000.00 9/13/2021 75 249,000.00$ -$ -$ -$ -$ -$ ALLY BANK246,000.00 11/15/2021 138 246,000.00$ -$ -$ -$ -$ -$ BUCKEYE COMMUNITY BANK 249,000.00 12/3/2021 156 249,000.00$ -$ -$ -$ -$ -$ BMW BANK OF NA246,000.00 12/14/2021 167 246,000.00$ -$ -$ -$ -$ -$ CONNECTONE BANK249,000.00 12/28/2021 181 249,000.00$ -$ -$ -$ -$ -$ ENCORE BANK249,000.00 1/19/2022 203 -$ 249,000.00$ -$ -$ -$ -$ RAYMOND JAMES BANK 246,000.00 1/25/2022 209 -$ 246,000.00$ -$ -$ -$ -$ FARMERS & MERCHANTS BANK 249,000.00 2/14/2022 229 -$ 249,000.00$ -$ -$ -$ -$ STATE BANK OF LIZTON IN 249,000.00 2/14/2022 229 -$ 249,000.00$ -$ -$ -$ -$ DOLLAR BANK FSB246,000.00 2/18/2022 233 -$ 246,000.00$ -$ -$ -$ -$ THIRD FED SAV&LN246,000.00 2/22/2022 237 -$ 246,000.00$ -$ -$ -$ -$ FNB OF MCGREGOR TX 249,000.00 2/22/2022 237 -$ 249,000.00$ -$ -$ -$ -$ NEXTIER BANK249,000.00 2/22/2022 237 -$ 249,000.00$ -$ -$ -$ -$ FIRST COMMERCIAL BANK MS 249,000.00 2/22/2022 237 -$ 249,000.00$ -$ -$ -$ -$ CITIZENS N/B BLUFFTON 248,000.00 2/22/2022 237 -$ 248,000.00$ -$ -$ -$ -$ SB ONE BANK248,000.00 2/28/2022 243 -$ 248,000.00$ -$ -$ -$ -$ FARMERS BANK & TRUST 249,000.00 2/28/2022 243 -$ 249,000.00$ -$ -$ -$ -$ INDEPENDENT BANK MEMPHIS 249,000.00 3/7/2022 250 -$ 249,000.00$ -$ -$ -$ -$ FIRST STATE BANK BOISE 249,000.00 3/11/2022 254 -$ 249,000.00$ -$ -$ -$ -$ SALLIE MAE BANK246,000.00 3/21/2022 264 -$ 246,000.00$ -$ -$ -$ -$ CAROLINA TRUST BANK 249,000.00 3/21/2022 264 -$ 249,000.00$ -$ -$ -$ -$ STATE BANK OF TEXAS 249,000.00 3/21/2022 264 -$ 249,000.00$ -$ -$ -$ -$ UNITED BANKERS BANK 249,000.00 4/25/2022 299 -$ 249,000.00$ -$ -$ -$ -$ LIVE OAK BANK249,000.00 5/9/2022 313 -$ 249,000.00$ -$ -$ -$ -$ MERRICK BANK249,000.00 6/10/2022 345 -$ 249,000.00$ -$ -$ -$ -$ FLAGSTAR BANK246,000.00 6/13/2022 348 -$ 246,000.00$ -$ -$ -$ -$ HANMI BANK249,000.00 7/19/2022 384 -$ -$ 249,000.00$ -$ -$ -$ TIAA FSB246,000.00 8/4/2022 400 -$ -$ 246,000.00$ -$ -$ -$ CIT BANK247,000.00 8/23/2022 419 -$ -$ 247,000.00$ -$ -$ -$ 1ST SECURITY BANK249,000.00 8/30/2022 426 -$ -$ 249,000.00$ -$ -$ -$ FIRST SOURCE BANK 247,000.00 9/12/2022 439 -$ -$ 247,000.00$ -$ -$ -$ CONGRESSIONAL BANK 247,000.00 9/26/2022 453 -$ -$ 247,000.00$ -$ -$ -$ PLAINSCAPITAL BANK 247,000.00 10/11/2022 468 -$ -$ 247,000.00$ -$ -$ -$ ENERBANK USA249,000.00 10/31/2022 488 -$ -$ 249,000.00$ -$ -$ -$ DISCOVER BANK245,000.00 11/1/2022 489 -$ -$ 245,000.00$ -$ -$ -$ FIRST BANK FINANCIAL 249,000.00 11/7/2022 495 -$ -$ 249,000.00$ -$ -$ -$ MORGAN STANLEY245,000.00 11/8/2022 496 -$ -$ 245,000.00$ -$ -$ -$ FSB OF DEQUEEN249,000.00 11/30/2022 518 -$ -$ 249,000.00$ -$ -$ -$ LUANA SAVINGS BANK 247,000.00 12/21/2022 539 -$ -$ 247,000.00$ -$ -$ -$ VERUS BANK249,000.00 12/28/2022 546 -$ -$ 249,000.00$ -$ -$ -$ Page 9 of 142021/08/24 City Council Post Agenda Page 209 of 346 City of Chula VistaToday's Date: 6/30/2021Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsWELLS FARGO NATL BANK 249,000.00 12/30/2022 548 -$ -$ 249,000.00$ -$ -$ -$ MARTHAS VINEYARD SB 249,000.00 1/23/2023 572 -$ -$ 249,000.00$ -$ -$ -$ UNITY BANK NJ249,000.00 1/23/2023 572 -$ -$ 249,000.00$ -$ -$ -$ VIRGINIA PARTNERS BANK 249,000.00 1/27/2023 576 -$ -$ 249,000.00$ -$ -$ -$ PROMISEONE BANK249,000.00 2/14/2023 594 -$ -$ 249,000.00$ -$ -$ -$ SERVISFIRST BANK249,000.00 2/21/2023 601 -$ -$ 249,000.00$ -$ -$ -$ BANK OF PERRY COUNTY 249,000.00 2/21/2023 601 -$ -$ 249,000.00$ -$ -$ -$ PEOPLEFIRST BANK249,000.00 3/6/2023 614 -$ -$ 249,000.00$ -$ -$ -$ PADUCAH BANK AND TRUST 249,000.00 3/13/2023 621 -$ -$ 249,000.00$ -$ -$ -$ FIRST CAROLINA BANK 249,000.00 3/24/2023 632 -$ -$ 249,000.00$ -$ -$ -$ STATE BANK OF REESEVILLE 249,000.00 4/12/2023 651 -$ -$ 249,000.00$ -$ -$ -$ MIDWEST COMMUNITY BANK 249,000.00 4/14/2023 653 -$ -$ 249,000.00$ -$ -$ -$ CADENCE BANK248,000.00 4/17/2023 656 -$ -$ 248,000.00$ -$ -$ -$ EAGLEBANK249,000.00 4/28/2023 667 -$ -$ 249,000.00$ -$ -$ -$ STEARNS BANK247,000.00 5/10/2023 679 -$ -$ 247,000.00$ -$ -$ -$ FARMERS & MERCH SVGS BK 249,000.00 8/15/2023 776 -$ -$ -$ 249,000.00$ -$ -$ NEBRASKALAND NATIONAL BK 248,000.00 8/22/2023 783 -$ -$ -$ 248,000.00$ -$ -$ FIRSTIER BANK249,000.00 8/23/2023 784 -$ -$ -$ 249,000.00$ -$ -$ AMERICAN COMMERCE BANK 249,000.00 8/23/2023 784 -$ -$ -$ 249,000.00$ -$ -$ CELTIC BANK249,000.00 8/30/2023 791 -$ -$ -$ 249,000.00$ -$ -$ FIRST ST BANK249,000.00 9/5/2023 797 -$ -$ -$ 249,000.00$ -$ -$ NATIONAL BANK OF NY CITY 249,000.00 9/8/2023 800 -$ -$ -$ 249,000.00$ -$ -$ ABACUS FEDERAL SVGS BANK 249,000.00 9/12/2023 804 -$ -$ -$ 249,000.00$ -$ -$ FIRST SERVICE BANK 249,000.00 9/29/2023 821 -$ -$ -$ 249,000.00$ -$ -$ COMENITY CAPITAL249,000.00 10/30/2023 852 -$ -$ -$ 249,000.00$ -$ -$ GOLDMAN SACHS245,000.00 10/31/2023 853 -$ -$ -$ 245,000.00$ -$ -$ UBS BANK USA249,000.00 11/7/2023 860 -$ -$ -$ 249,000.00$ -$ -$ BARCLAYS BANK245,000.00 11/7/2023 860 -$ -$ -$ 245,000.00$ -$ -$ MORGAN STANLEY245,000.00 11/8/2023 861 -$ -$ -$ 245,000.00$ -$ -$ CITIBANK NA245,000.00 11/9/2023 862 -$ -$ -$ 245,000.00$ -$ -$ WELLS FARGO BANK NA 249,000.00 11/9/2023 862 -$ -$ -$ 249,000.00$ -$ -$ COMMERCIAL BANK249,000.00 11/15/2023 868 -$ -$ -$ 249,000.00$ -$ -$ BANK NEW ENGLAND 249,000.00 11/20/2023 873 -$ -$ -$ 249,000.00$ -$ -$ BANK OF BARODA245,000.00 11/30/2023 883 -$ -$ -$ 245,000.00$ -$ -$ MARLIN BUSINESS BANK 249,000.00 12/4/2023 887 -$ -$ -$ 249,000.00$ -$ -$ BAR HARBOR BANK & TRUST 249,000.00 12/29/2023 912 -$ -$ -$ 249,000.00$ -$ -$ NAHEOLA CREDIT UNION 248,000.00 1/10/2024 924 -$ -$ -$ 248,000.00$ -$ -$ MEDALLION BK UT249,000.00 2/12/2024 957 -$ -$ -$ 249,000.00$ -$ -$ ROLLSTONE BANK & TRUST 247,000.00 2/12/2024 957 -$ -$ -$ 247,000.00$ -$ -$ PCSB BANK249,000.00 2/21/2024 966 -$ -$ -$ 249,000.00$ -$ -$ BANK HAPOALIM246,000.00 3/25/2024 999 -$ -$ -$ 246,000.00$ -$ -$ AXOS BANK249,000.00 3/26/2024 1000 -$ -$ -$ 249,000.00$ -$ -$ NICOLET NATIONAL BANK 249,000.00 3/28/2024 1002 -$ -$ -$ 249,000.00$ -$ -$ LAKESIDE BANK249,000.00 4/12/2024 1017 -$ -$ -$ 249,000.00$ -$ -$ JEFFERSON BANK249,000.00 4/15/2024 1020 -$ -$ -$ 249,000.00$ -$ -$ PACIFIC WESTERN BANK 248,000.00 4/16/2024 1021 -$ -$ -$ 248,000.00$ -$ -$ THOMASTON SAVINGS BANK 248,000.00 4/23/2024 1028 -$ -$ -$ 248,000.00$ -$ -$ NORTHWEST BANK249,000.00 4/30/2024 1035 -$ -$ -$ 249,000.00$ -$ -$ FIRST FREEDOM BANK 249,000.00 4/30/2024 1035 -$ -$ -$ 249,000.00$ -$ -$ UNITED REPUBLIC BANK 249,000.00 5/13/2024 1048 -$ -$ -$ 249,000.00$ -$ -$ CAPITAL ONE NA246,000.00 6/19/2024 1085 -$ -$ -$ 246,000.00$ -$ -$ CAPITAL ONE BANK246,000.00 6/19/2024 1085 -$ -$ -$ 246,000.00$ -$ -$ LCA BANK CORP247,000.00 6/28/2024 1094 -$ -$ -$ 247,000.00$ -$ -$ REVERE BANK247,000.00 6/28/2024 1094 -$ -$ -$ 247,000.00$ -$ -$ CENTURY NEXT BANK 249,000.00 7/17/2024 1113 -$ -$ -$ -$ 249,000.00$ -$ CF BANK247,000.00 8/19/2024 1146 -$ -$ -$ -$ 247,000.00$ -$ Page 10 of 142021/08/24 City Council Post Agenda Page 210 of 346 City of Chula VistaToday's Date: 6/30/2021Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsFIRST RESOURCE BANK 249,000.00 8/21/2024 1148 -$ -$ -$ -$ 249,000.00$ -$ CALDWELL BANK & TRUST 247,000.00 8/23/2024 1150 -$ -$ -$ -$ 247,000.00$ -$ WASHINGTON FEDERAL 249,000.00 8/23/2024 1150 -$ -$ -$ -$ 249,000.00$ -$ GENOA BANKING COMPANY 249,000.00 8/28/2024 1155 -$ -$ -$ -$ 249,000.00$ -$ MERCHANTS STATE BANK 247,000.00 8/30/2024 1157 -$ -$ -$ -$ 247,000.00$ -$ PREFERRED BANK249,000.00 8/30/2024 1157 -$ -$ -$ -$ 249,000.00$ -$ PEOPLES BANK ROCK VALLEY 249,000.00 9/10/2024 1168 -$ -$ -$ -$ 249,000.00$ -$ ALMA BANK249,000.00 9/11/2024 1169 -$ -$ -$ -$ 249,000.00$ -$ BANK OF OLD MONROE 249,000.00 9/18/2024 1176 -$ -$ -$ -$ 249,000.00$ -$ SPRING BANK249,000.00 9/19/2024 1177 -$ -$ -$ -$ 249,000.00$ -$ ENTERPRISE BANK247,000.00 9/27/2024 1185 -$ -$ -$ -$ 247,000.00$ -$ BANKWEST INC249,000.00 9/27/2024 1185 -$ -$ -$ -$ 249,000.00$ -$ UINTA BANK247,000.00 10/16/2024 1204 -$ -$ -$ -$ 247,000.00$ -$ MUTUALBANK249,000.00 10/22/2024 1210 -$ -$ -$ -$ 249,000.00$ -$ FIRST BANK OF NEBRASKA 249,000.00 10/30/2024 1218 -$ -$ -$ -$ 249,000.00$ -$ ENTERPRISE BANK & TRUST 249,000.00 11/8/2024 1227 -$ -$ -$ -$ 249,000.00$ -$ TRIAD BANK249,000.00 11/8/2024 1227 -$ -$ -$ -$ 249,000.00$ -$ MAINE SAVINGS FCU245,000.00 11/8/2024 1227 -$ -$ -$ -$ 245,000.00$ -$ COMMERCIAL BANK 249,000.00 11/13/2024 1232 -$ -$ -$ -$ 249,000.00$ -$ COMMUNITY STATE BANK IL 249,000.00 12/2/2024 1251 -$ -$ -$ -$ 249,000.00$ -$ COMMUNITY BANK TEXAS 249,000.00 12/4/2024 1253 -$ -$ -$ -$ 249,000.00$ -$ BANK FORWARD249,000.00 12/18/2024 1267 -$ -$ -$ -$ 249,000.00$ -$ FREEDOM FINANCIAL BANK 249,000.00 2/14/2025 1325 -$ -$ -$ -$ 249,000.00$ -$ FIRST NATL BANK MICHIGAN 249,000.00 2/14/2025 1325 -$ -$ -$ -$ 249,000.00$ -$ AMERICAN STATE BANK IA 249,000.00 2/21/2025 1332 -$ -$ -$ -$ 249,000.00$ -$ BELL BANK CORP249,000.00 2/27/2025 1338 -$ -$ -$ -$ 249,000.00$ -$ AMERICAN EAGLE BANK IL 249,000.00 2/28/2025 1339 -$ -$ -$ -$ 249,000.00$ -$ HORIZON BANK WAVERLY NE 249,000.00 2/28/2025 1339 -$ -$ -$ -$ 249,000.00$ -$ FNB OF ALBANY249,000.00 2/28/2025 1339 -$ -$ -$ -$ 249,000.00$ -$ IOWA STATE BANK248,000.00 3/5/2025 1344 -$ -$ -$ -$ 248,000.00$ -$ ACCESS BANK OMAHA NE 249,000.00 3/13/2025 1352 -$ -$ -$ -$ 249,000.00$ -$ MCHENRY SAVINGS BANK 249,000.00 3/13/2025 1352 -$ -$ -$ -$ 249,000.00$ -$ FNB BANK INC/ROMNEY 249,000.00 3/18/2025 1357 -$ -$ -$ -$ 249,000.00$ -$ HARDIN COUNTY BANK 249,000.00 3/27/2025 1366 -$ -$ -$ -$ 249,000.00$ -$ BANK OF ROMNEY249,000.00 3/27/2025 1366 -$ -$ -$ -$ 249,000.00$ -$ SAN FRANCISCO CREDIT UNION 249,000.00 3/27/2025 1366 -$ -$ -$ -$ 249,000.00$ -$ CENTRAL BANK249,000.00 3/27/2025 1366 -$ -$ -$ -$ 249,000.00$ -$ KNOXVILLE TVA EMPL CR UNION 249,000.00 3/31/2025 1370 -$ -$ -$ -$ 249,000.00$ -$ CENTERSTATE BANK 248,000.00 3/31/2025 1370 -$ -$ -$ -$ 248,000.00$ -$ GOLD COAST BANK249,000.00 4/15/2025 1385 -$ -$ -$ -$ 249,000.00$ -$ SYNCHRONY BANK248,000.00 4/17/2025 1387 -$ -$ -$ -$ 248,000.00$ -$ STATE BANK OF INDIA 248,000.00 4/29/2025 1399 -$ -$ -$ -$ 248,000.00$ -$ BELMONT BANK & TRUST 249,000.00 4/30/2025 1400 -$ -$ -$ -$ 249,000.00$ -$ M1 BANK248,000.00 5/8/2025 1408 -$ -$ -$ -$ 248,000.00$ -$ CERTIFICATE OF DEPOSIT3,719,000.00$ 5,212,000.00$ 7,197,000.00$ 9,672,000.00$ 11,435,000.00$ -$ COMMERCIAL PAPER-$ -$ -$ -$ -$ -$ SAN DIEGO G & E1,986,000.00 8/15/2021 46 1,986,000.00$ -$ -$ -$ -$ -$ NORTHERN TRUST CORP 3,000,000.00 8/23/2021 54 3,000,000.00$ -$ -$ -$ -$ -$ CATERPILLAR2,000,000.00 9/7/2021 69 2,000,000.00$ -$ -$ -$ -$ -$ TOYOTA MOTOR CREDIT 1,000,000.00 9/15/2021 77 1,000,000.00$ -$ -$ -$ -$ -$ ORACLE CORP1,000,000.00 9/15/2021 77 1,000,000.00$ -$ -$ -$ -$ -$ JOHNSON & JOHNSON 4,000,000.00 3/3/2022 246 -$ 4,000,000.00$ -$ -$ -$ -$ AMERICAN EXPRESS CREDIT 3,000,000.00 3/3/2022 246 -$ 3,000,000.00$ -$ -$ -$ -$ US BANCORP3,000,000.00 3/15/2022 258 -$ 3,000,000.00$ -$ -$ -$ -$ MUFG UNION BANK1,245,000.00 4/1/2022 275 -$ 1,245,000.00$ -$ -$ -$ -$ GLAXOSMITHKLINE3,000,000.00 5/8/2022 312 -$ 3,000,000.00$ -$ -$ -$ -$ Page 11 of 142021/08/24 City Council Post Agenda Page 211 of 346 City of Chula VistaToday's Date: 6/30/2021Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsQUALCOMM INC2,595,000.00 5/20/2022 324 -$ 2,595,000.00$ -$ -$ -$ -$ AMERICAN HONDA FINANCE 2,500,000.00 6/27/2022 362 -$ 2,500,000.00$ -$ -$ -$ -$ UNITED HEALTH3,000,000.00 7/15/2022 380 -$ -$ 3,000,000.00$ -$ -$ -$ PNC BANK4,000,000.00 7/28/2022 393 -$ -$ 4,000,000.00$ -$ -$ -$ PACCAR FINANCIAL 2,500,000.00 8/10/2022 406 -$ -$ 2,500,000.00$ -$ -$ -$ PROCTOR & GAMBLE 3,000,000.00 8/11/2022 407 -$ -$ 3,000,000.00$ -$ -$ -$ ESTEE LAUDER CO250,000.00 8/15/2022 411 -$ -$ 250,000.00$ -$ -$ -$ CHARLES SCHWAB CORP 2,376,000.00 9/1/2022 428 -$ -$ 2,376,000.00$ -$ -$ -$ TOYOTA MOTOR CREDIT 1,500,000.00 9/8/2022 435 -$ -$ 1,500,000.00$ -$ -$ -$ WALT DISNEY COMPANY 1,095,000.00 9/15/2022 442 -$ -$ 1,095,000.00$ -$ -$ -$ JP MORGAN CHASE 2,530,000.00 9/23/2022 450 -$ -$ 2,530,000.00$ -$ -$ -$ PACCAR FINANCIAL 1,000,000.00 9/26/2022 453 -$ -$ 1,000,000.00$ -$ -$ -$ UNITED PARCEL SERVICE 3,750,000.00 10/1/2022 458 -$ -$ 3,750,000.00$ -$ -$ -$ UNITED HEALTH2,504,000.00 10/15/2022 472 -$ -$ 2,504,000.00$ -$ -$ -$ CHUBB INA HOLDINGS INC 2,500,000.00 11/3/2022 491 -$ -$ 2,500,000.00$ -$ -$ -$ AMERICAN HONDA FINANCE 474,000.00 11/16/2022 504 -$ -$ 474,000.00$ -$ -$ -$ WALT DISNEY COMPANY 1,500,000.00 12/1/2022 519 -$ -$ 1,500,000.00$ -$ -$ -$ COOPERATIVE RABOBANK NY 2,500,000.00 1/10/2023 559 -$ -$ 2,500,000.00$ -$ -$ -$ NIKE INC1,200,000.00 5/1/2023 670 -$ -$ 1,200,000.00$ -$ -$ -$ BP CAPITAL MARKETS 3,490,000.00 5/10/2023 679 -$ -$ 3,490,000.00$ -$ -$ -$ LOEWS CORP1,500,000.00 5/15/2023 684 -$ -$ 1,500,000.00$ -$ -$ -$ SIMON PROPERTY GROUP LP 2,000,000.00 6/1/2023 701 -$ -$ 2,000,000.00$ -$ -$ -$ JOHN DEERE2,000,000.00 6/7/2023 707 -$ -$ 2,000,000.00$ -$ -$ -$ GILEAD SCIENCES3,092,000.00 9/1/2023 793 -$ -$ -$ 3,092,000.00$ -$ -$ CUMMINS INC3,500,000.00 10/1/2023 823 -$ -$ -$ 3,500,000.00$ -$ -$ CATERPILLAR 3,700,000.00 12/7/2023 890 -$ -$ -$ 3,700,000.00$ -$ -$ GEORGIA-PACIFIC320,000.00 1/15/2024 929 -$ -$ -$ 320,000.00$ -$ -$ JOHN DEERE3,000,000.00 3/7/2024 981 -$ -$ -$ 3,000,000.00$ -$ -$ UNILEVER CAPITAL 1,500,000.00 5/5/2024 1040 -$ -$ -$ 1,500,000.00$ -$ -$ UNILEVER CAPITAL 2,000,000.00 5/5/2024 1040 -$ -$ -$ 2,000,000.00$ -$ -$ APPLE INC250,000.00 5/6/2024 1041 -$ -$ -$ 250,000.00$ -$ -$ APPLE INC650,000.00 5/11/2024 1046 -$ -$ -$ 650,000.00$ -$ -$ TEXAS INSTRUMENTS 1,000,000.00 5/15/2024 1050 -$ -$ -$ 1,000,000.00$ -$ -$ BNY MELLON 600,000.00 5/15/2024 1050 -$ -$ -$ 600,000.00$ -$ -$ EXXON MOBIL CO1,000,000.00 8/16/2024 1143 -$ -$ -$ -$ 1,000,000.00$ -$ AMAZON.COM INC226,000.00 8/22/2024 1149 -$ -$ -$ -$ 226,000.00$ -$ BURLINGTON NORTH SANTA FE 1,000,000.00 9/1/2024 1159 -$ -$ -$ -$ 1,000,000.00$ -$ PAYPAL HOLDING950,000.00 10/1/2024 1189 -$ -$ -$ -$ 950,000.00$ -$ HERSHEY COMPANY677,000.00 11/15/2024 1234 -$ -$ -$ -$ 677,000.00$ -$ CORPORATE NOTE8,986,000.00$ 19,340,000.00$ 44,669,000.00$ 19,612,000.00$ 3,853,000.00$ -$ FFCB4,500,000.00 9/17/2021 79 4,500,000.00$ -$ -$ -$ -$ -$ FFCB3,000,000.00 10/19/2021 111 3,000,000.00$ -$ -$ -$ -$ -$ FFCB2,000,000.00 1/21/2022 205 -$ 2,000,000.00$ -$ -$ -$ -$ FAMCA1,000,000.00 6/21/2022 356 -$ 1,000,000.00$ -$ -$ -$ -$ FHLB3,000,000.00 9/9/2022 436 -$ -$ 3,000,000.00$ -$ -$ -$ FNMA3,000,000.00 10/5/2022 462 -$ -$ 3,000,000.00$ -$ -$ -$ FFCB2,719,000.00 8/14/2023 775 -$ -$ -$ 2,719,000.00$ -$ -$ FAMCA4,000,000.00 9/26/2024 1184 -$ -$ -$ -$ 4,000,000.00$ -$ FFCB1,000,000.00 10/17/2024 1205 -$ -$ -$ -$ 1,000,000.00$ -$ FFCB3,000,000.00 11/1/2024 1220 -$ -$ -$ -$ 3,000,000.00$ -$ FEDERAL AGENCY BOND/NOTE7,500,000.00$ 3,000,000.00$ 6,000,000.00$ 2,719,000.00$ 8,000,000.00$ -$ U.S. TREASURY NOTE-$ -$ -$ -$ -$ -$ MT SAN ANTONIO CCD-B 2,100,000.00 8/1/2021 32 2,100,000.00$ -$ -$ -$ -$ -$ ACALANES SD2,700,000.00 8/1/2021 32 2,700,000.00$ -$ -$ -$ -$ -$ CALIFORNIA BABS3,870,000.00 11/1/2021 124 3,870,000.00$ -$ -$ -$ -$ -$ UNIV OF CALIFORNIA200,000.00 5/15/2022 319 -$ 200,000.00$ -$ -$ -$ -$ Page 12 of 142021/08/24 City Council Post Agenda Page 212 of 346 City of Chula VistaToday's Date: 6/30/2021Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsCITY OF OXNARD FIN AUTH 250,000.00 6/1/2022 336 -$ 250,000.00$ -$ -$ -$ -$ LAKE TAHOE UNIFIED SCH DIST 530,000.00 8/1/2022 397 -$ -$ 530,000.00$ -$ -$ -$ LOS ANGELES CNTY REDEV REF 1,000,000.00 9/1/2022 428 -$ -$ 1,000,000.00$ -$ -$ -$ HESPERIA CMNTY REDEV AGY 1,500,000.00 9/1/2022 428 -$ -$ 1,500,000.00$ -$ -$ -$ BAY AREA CA TOLL AUTH 2,500,000.00 4/1/2023 640 -$ -$ 2,500,000.00$ -$ -$ -$ UNIV OF CALIFORNIA 2,000,000.00 5/15/2023 684 -$ -$ 2,000,000.00$ -$ -$ -$ CALIFORNIA HEALTH FAC FIN 1,000,000.00 6/1/2023 701 -$ -$ 1,000,000.00$ -$ -$ -$ CITY OF ONTARIO CA 200,000.00 6/1/2023 701 -$ -$ 200,000.00$ -$ -$ -$ STHRN PUB PWR AUTH-B 3,960,000.00 7/1/2023 731 -$ -$ -$ 3,960,000.00$ -$ -$ GARDEN GROVE UNIFIED SD 245,000.00 8/1/2023 762 -$ -$ -$ 245,000.00$ -$ -$ POWAY UNIFIED SCHOOL DIST 1,000,000.00 8/1/2023 762 -$ -$ -$ 1,000,000.00$ -$ -$ COACHELLA VALLEY USD 555,000.00 8/1/2023 762 -$ -$ -$ 555,000.00$ -$ -$ SAN RAFAEL ELEM SCH DIST 980,000.00 8/1/2023 762 -$ -$ -$ 980,000.00$ -$ -$ WEST CONTRA COSTA USD 500,000.00 8/1/2023 762 -$ -$ -$ 500,000.00$ -$ -$ POMONA PENSN OBLG 500,000.00 8/1/2023 762 -$ -$ -$ 500,000.00$ -$ -$ STATE OF CALIFORNIA 2,500,000.00 10/1/2023 823 -$ -$ -$ 2,500,000.00$ -$ -$ STATE OF CALIFORNIA 4,000,000.00 10/1/2023 823 -$ -$ -$ 4,000,000.00$ -$ -$ CALIFORNIA STATE UNIVERSITY 400,000.00 11/1/2023 854 -$ -$ -$ 400,000.00$ -$ -$ BAKERSFIELD SCHOOL DISTRICT 335,000.00 11/1/2023 854 -$ -$ -$ 335,000.00$ -$ -$ STATE OF CALIFORNIA 3,000,000.00 4/1/2024 1006 -$ -$ -$ 3,000,000.00$ -$ -$ CITY OF RIVERSIDE PENSN OBLG 250,000.00 6/1/2024 1067 -$ -$ -$ 250,000.00$ -$ -$ CENTRAL UNIFIED SCHOOL DIST 795,000.00 7/1/2024 1097 -$ -$ -$ -$ 795,000.00$ -$ SAN RAFAEL ELEM SCH DIST 1,200,000.00 8/1/2024 1128 -$ -$ -$ -$ 1,200,000.00$ -$ SANTA MONICA-MALIBU USD 250,000.00 8/1/2024 1128 -$ -$ -$ -$ 250,000.00$ -$ GILROY UNIFIED SD500,000.00 8/1/2024 1128 -$ -$ -$ -$ 500,000.00$ -$ LONG BEACH CCD1,315,000.00 8/1/2024 1128 -$ -$ -$ -$ 1,315,000.00$ -$ COACHELLA VALLEY USD 365,000.00 8/1/2024 1128 -$ -$ -$ -$ 365,000.00$ -$ SAN BERNARDINO CCD 700,000.00 8/1/2024 1128 -$ -$ -$ -$ 700,000.00$ -$ SAN BERNARDINO CCD 1,000,000.00 8/1/2024 1128 -$ -$ -$ -$ 1,000,000.00$ -$ SONOMA CNTY JR COLLEGE DIST 1,000,000.00 8/1/2024 1128-$ -$ -$ -$ 1,000,000.00$ -$ VAL VERDE UNIFIED SCH DIST 215,000.00 8/1/2024 1128 -$ -$ -$ -$ 215,000.00$ -$ OAK GROVE SCHOOL DISTRICT 200,000.00 8/1/2024 1128 -$ -$ -$ -$ 200,000.00$ -$ CARSON REDEV AGY TAB 600,000.00 8/1/2024 1128 -$ -$ -$ -$ 600,000.00$ -$ SANTA ANA CMNTY REDEV AGY 2,000,000.00 9/1/2024 1159 -$ -$ -$ -$ 2,000,000.00$ -$ STATE OF CALIFORNIA 750,000.00 3/1/2025 1340 -$ -$ -$ -$ 750,000.00$ -$ SAN FRANCISCO CTY/CNTY PORT 255,000.00 3/1/2025 1340 -$ -$ -$ -$ 255,000.00$ -$ GARDENA PENSN OBLIG 250,000.00 4/1/2025 1371 -$ -$ -$ -$ 250,000.00$ -$ CA STWD CMNTY DEV TRANS 1,000,000.00 6/1/2025 1432 -$ -$ -$ -$ 1,000,000.00$ -$ CITY OF ONTARIO CA POB 1,000,000.00 6/1/2025 1432 -$ -$ -$ -$ 1,000,000.00$ -$ CITY OF SAN BERNARDINO USD 2,250,000.00 8/1/2025 1493 -$ -$ -$ -$ -$ 2,250,000.00$ COLTON UNIFIED SD 2,475,000.00 8/1/2025 1493 -$ -$ -$ -$ -$ 2,475,000.00$ CARPINTERIA UNIFIED SCH DIST 1,210,000.00 8/1/2025 1493 -$ -$ -$ -$ -$ 1,210,000.00$ POMONA PENSION OBLG 1,675,000.00 8/1/2025 1493 -$ -$ -$ -$ -$ 1,675,000.00$ MUNICIPAL BOND8,670,000.00$ 450,000.00$ 8,730,000.00$ 18,225,000.00$ 13,395,000.00$ 7,610,000.00$ IADB5,000,000.00 9/14/2022 441 -$ -$ 5,000,000.00$ -$ -$ -$ SUPRANATIONAL-$ -$ 5,000,000.00$ -$ -$ -$ Total28,875,000.00$ 28,002,000.00$ 71,726,367.52$ 51,728,000.00$ 39,843,000.00$ 7,610,000.00$ Note: Excludes Pooled Investments and Bank of New York Mellon Money Market FundGrand Total 227,784,367.52$ Page 13 of 142021/08/24 City Council Post Agenda Page 213 of 346 City of Chula Vista Corporate Bonds - Sector Distribution SecurityTypeDesc Maturity CUSIP YTM BNY Market Value GICS Sector SAN DIEGO G & E 8/15/2021 797440BN3 2.93 1,992,375.06 Utilities NORTHERN TRUST CORP 8/23/2021 665859AM6 3.22 3,013,350.00 Financials CATERPILLAR 9/7/2021 14913Q2N8 3.19 2,010,880.00 Industrials TOYOTA MOTOR CREDIT 9/15/2021 89233P5F9 3.11 1,006,480.00 Consumer Discretionary ORACLE CORP 9/15/2021 68389XBK0 3.04 1,002,110.00 Information Technology JOHNSON & JOHNSON 3/3/2022 478160CD4 2.79 4,048,840.00 Consumer Staples AMERICAN EXPRESS CREDIT 3/3/2022 0258M0EG0 3.20 3,043,680.00 Financials US BANCORP 3/15/2022 91159HHC7 3.17 3,052,050.00 Financials MUFG UNION BANK 4/1/2022 90520EAH4 2.34 1,269,202.80 Financials GLAXOSMITHKLINE 5/8/2022 377373AD7 2.81 3,067,230.00 Health Care QUALCOMM INC 5/20/2022 747525AE3 3.14 2,659,589.55 Information Technology AMERICAN HONDA FINANCE 6/27/2022 02665WCY5 1.83 2,547,800.00 Consumer Discretionary UNITED HEALTH 7/15/2022 91324PCN0 3.24 3,096,480.00 Health Care PNC BANK 7/28/2022 69353RFE3 3.53 4,086,240.00 Financials PACCAR FINANCIAL 8/10/2022 69371RN77 2.05 2,556,475.00 Financials PROCTOR & GAMBLE 8/11/2022 742718EU9 3.24 3,063,510.00 Consumer Staples ESTEE LAUDER CO 8/15/2022 29736RAE0 1.72 255,667.50 Consumer Staples CHARLES SCHWAB CORP 9/1/2022 808513AG0 1.80 2,453,196.24 Financials TOYOTA MOTOR CREDIT 9/8/2022 89236TEC5 1.83 1,533,975.00 Consumer Discretionary WALT DISNEY COMPANY 9/15/2022 254687CM6 1.64 1,130,478.00 Communication Services JP MORGAN CHASE 9/23/2022 46625HJE1 1.77 2,621,029.40 Financials PACCAR FINANCIAL 9/26/2022 69371RQ33 1.15 1,020,320.00 Financials UNITED PARCEL SERVICE 10/1/2022 911312AQ9 3.37 3,852,000.00 Industrials UNITED HEALTH 10/15/2022 91324PDD1 2.21 2,570,631.44 Health Care CHUBB INA HOLDINGS INC 11/3/2022 00440EAU1 1.78 2,573,900.00 Financials AMERICAN HONDA FINANCE 11/16/2022 02665WCA7 2.25 489,220.14 Consumer Discretionary WALT DISNEY COMPANY 12/1/2022 25468PCW4 1.93 1,541,610.00 Communication Services COOPERATIVE RABOBANK NY 1/10/2023 21688AAL6 2.91 2,591,750.00 Financials NIKE INC 5/1/2023 654106AC7 2.09 1,237,080.00 Consumer Discretionary BP CAPITAL MARKETS 5/10/2023 10373QAL4 2.59 3,633,857.80 Energy LOEWS CORP 5/15/2023 540424AQ1 1.74 1,552,470.00 Financials SIMON PROPERTY GROUP LP 6/1/2023 828807DD6 1.92 2,075,420.00 Real Estate JOHN DEERE 6/7/2023 24422EUH0 1.72 2,120,200.00 Industrials GILEAD SCIENCES 9/1/2023 375558BL6 2.54 3,218,772.00 Health Care CUMMINS INC 10/1/2023 231021AR7 2.22 3,722,460.00 Industrials CATERPILLAR 12/7/2023 14913Q2S7 2.56 3,985,603.00 Industrials GEORGIA-PACIFIC 1/15/2024 373298CF3 2.42 378,998.40 Materials JOHN DEERE 3/7/2024 24422EUX5 1.22 3,162,660.00 Industrials UNILEVER CAPITAL 5/5/2024 904764AX5 1.75 1,581,750.00 Consumer Staples UNILEVER CAPITAL 5/5/2024 904764AX5 1.79 2,109,000.00 Consumer Staples APPLE INC 5/6/2024 037833AS9 1.63 270,782.50 Information Technology APPLE INC 5/11/2024 037833CU2 1.69 689,884.00 Information Technology TEXAS INSTRUMENTS 5/15/2024 882508BB9 2.28 1,054,350.00 Information Technology BNY MELLON 5/15/2024 06406HCV9 1.36 646,500.00 Financials EXXON MOBIL CO 8/16/2024 30231GBC5 0.65 1,041,830.00 Information Technology AMAZON.COM INC 8/22/2024 023135AZ9 1.88 240,473.04 Consumer Discretionary BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 1.87 1,080,890.00 Industrials PAYPAL HOLDING 10/1/2024 70450YAC7 0.67 1,000,606.50 Information Technology HERSHEY COMPANY 11/15/2024 427866BC1 1.87 706,199.01 Consumer Staples Total 99,659,856.38 GICS Sector Amount Percent Information Technology 7,719,152.55 7.75% Financials 30,480,163.44 30.58% Real Estate 2,075,420.00 2.08% Consumer Discretionary 7,055,028.18 7.08% Industrials 19,934,693.00 20.00% Consumer Staples 11,764,966.51 11.81% Energy 3,633,857.80 3.65% Utilities 1,992,375.06 2.00% Materials 378,998.40 0.38% Communication Services 2,672,088.00 2.68% Health Care 11,953,113.44 11.99% Total 99,659,856.38 100.00% 7.75% 30.58% 2.08% 7.08%20.00% 11.81% 3.65% 2.00%0.38% 2.68% 11.99% Corporate Bonds - Sector Distribution Information Technology Financials Real Estate Consumer Discretionary Industrials Consumer Staples Energy Utilities Materials Communication Services Health Care Page 14 of 142021/08/24 City Council Post Agenda Page 214 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Measure P: Approve a Transfer of $1.6 Million from CIP DNR0219 to CIP GGV0237 in the Fiscal Year 2021/22 Measure P Fund for the Citywide Telecommunications Project Report Number: 21-0139 Location: No Specific Geographic Location Department: Information and Technology Services Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt a resolution approving adjustments to the Fiscal Year 2021/22 Measure P Spending Plan and appropriating funds to Measure P Project GGV0237 Enterprise Phone System (4/5 vote required). SUMMARY This action will approve a transfer of $1.6 Million from Measure P CIP Project DRN0219 - CMP Rehab outside ROW Ph3 to Measure P CIP Project GGV0237 – Citywide Telecommunications. ENVIRONMENTAL REVIEW This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2021/08/24 City Council Post Agenda Page 215 of 346 P a g e | 2 DISCUSSION In April 2021, City staff brought forward a project/spending plan for consideration by the Measure P Citizens’ Oversight Committee (COC) which was approved. One of the items included in the approved spending plan was the purchase of a new enterprise phone system. The approved spending plan reflected the anticipated expenditures over a five-year timeframe. Figure 1 below details the project spending plan as approved. The amendment will move up the expenditures to fiscal year 2021 as opposed to spreading them out as reflected in the current spending plan. This will not affect the timing of any other projects. The reallocation will be brought back as a cleanup item at the next Measure P COC meeting. During the July 13th City Council meeting, the City’s Information and Technology Services (ITS) Department presented an item to the City Council requesting approval of the cooperative purchase agreements for the enterprise phone system. The staff report stated that the full $2.2 million was included in the in FY 2022 City budget. The City Council approved the agreement with Cisco and authorized the payment of $2.2 million. Unfortunately, the budget only included a partial payment for the system as initial discussions identified the possibility of participating in a financing payment plan. The financing option available included a three percent interest rate, adding approximately $65,000 to the project which the City will not pursue. Cisco was able to offer a short extension on the total pricing and incentives. The Purchase Order needs to be submitted by the end of August 2021. In order to continue with the project and receive the negotiated incentives, the City needs to move forward with the budget amendments and return to the COC with changes to the spending plan. Due to the deadlines staff will not be able to meet with the COC to present these changes as their next meeting is scheduled for October 2021. Staff is recommending redirecting a portion of the funding in project “DRN0219 – CMP Rehab Outside ROW Ph3” by approximately $1.6 million as these funds are not needed until future fiscal years. This project is replacing corrugated metal pipe which is outside of the City’s right-of-way. The Director of Engineering has confirmed that this temporary redirection of funds will not affect the scope or completion of the project as it is in the design/engineering phase, which won’t be complete until Spring of 2022. By this time staff will have re -allocated funds back to the project, making the project whole via the typical COC spending plan process. Figure 2 below details the budget adjustments which will be done in order to achieve the project goals. FIGURE 1 - Current Measure P Approved Spending Plan - Enterprise Phone System Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Project Number Project Description 2021-22 2022-23 2023-24 2024-25 2025-26 TOTAL GGV0237 Citywide Telecommunications 454,000$ 454,000$ 454,000$ 420,000$ 420,000$ 2,202,000$ FIGURE 2 - Proposed Measure P Spending Plan - Enterprise Phone System Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Project Number Project Description 2021-22 2022-23 2023-24 2024-25 2025-26 GGV0237 Citywide Telecommunications 1,618,014$ (454,000)$ (454,000)$ (420,000)$ (290,014)$ DRN0219 CMP Rehab outside ROW Ph3 (1,618,014)$ 454,000$ 454,000.00$ 420,000.00$ 290,014.00$ 2021/08/24 City Council Post Agenda Page 216 of 346 P a g e | 3 City staff will provide a report during the next regularly scheduled COC meeting in October detailing the adjustments made to the spending plan and proposal to return full funding to the Corrugated Metal Pipe project to continue work progress. The proposed changes are addressing timing of expenditures and continue to comply with the total allocations as presented in the spending plan to the COC. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT This action will reduce funding for Measure P CMP Rehab outside ROW Phase 3 Project (DRN-0219) by $1,618,014 and appropriate those funds to Measure P Citywide Telecommunications Project (GGV0237). This action does not have a fiscal impact to the Measure P Fund or the General Fund. It is a reallocation of existing appropriations within the Measure P Fund. ONGOING FISCAL IMPACT Staff will bring a revised Measure P Spending Plan to the Measure P Citizen’s Oversight Committee in October to reallocate funding for Measure P CMP Rehab outside ROW Phase 3 Project (DRN-0219). ATTACHMENTS Measure P Budget Amendment Resolution Measure P COC Memorandum dated August 10, 2021 Staff Contact: Edward Chew, Director of Information and Technology Services 2021/08/24 City Council Post Agenda Page 217 of 346 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TRANSFER OF $1.6 MILLION FROM CIP DRN0219 TO CIP GGV0237 IN THE MEASURE P FUND FOR THE CITYWIDE TELECOMMUNICATIONS PROJECT WHEREAS, on July 13th, the City Council of the City of Chula Vista approved the purchase of a new enterprise phone system; and WHEREAS, funding appropriated in the FY 2021-22 budget for the project was not sufficient to complete the purchase of the new enterprise phone system; and WHEREAS, staff is recommending transferring a portion of Measure P Project DRN0219 to Measure P Project GGV0237 to provide sufficient funding to complete the purchase of the new enterprise phone system; and WHEREAS, this transfer of funding will not impact the timing of Measure P Project DRN0219, the transfer is between two projects in the Measure P Fund and does not require any additional General Fund appropriations; and WHEREAS, approval of this action has not been formally approved by the Measure P Citizens Oversight Committee (COC), however this project was presented to the Measure P COC with a different allocation per fiscal year with the same total project costs; and WHEREAS, staff is recommending City Council approval in order to take advantage of negotiated pricing and incentives which require purchase by the end of August 2021; and WHEREAS, the City Manager has informed the Measure P COC via memo of the impending changes; and WHEREAS, staff will present these changes to the Measure P COC at its next scheduled meeting in October 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the following budget amendments: Fund Expense Category Project Amount Measure P CIP Project Expense DRN0219 $ (1,618,014) Measure P CIP Project Expense GGV0237 $ 1,618,014 Presented by Approved as to form by Edward Chew Glen R. Googins Director, Information & Technology Services City Attorney 2021/08/24 City Council Post Agenda Page 218 of 346 August 10, 2021 To: Measure P Citizen Oversight Committee From: Maria Kachadoorian, City Manager Kelly Broughton, Deputy City Manager Subject: Measure P - Project Spending Plans Adjustments In April 2021, City staff brought forward a project/spending plan for consideration by the Measure P Citizens’ Oversight Committee (COC) which was approved. One of the items included in the approved spending plan was the purchase of a new enterprise phone system. The approved spending plan reflected the anticipated expenditures over a five -year timeframe. Figure 1 below details the project spending plan as approved. During the July 13 City Council meeting, the City’s Information and Technology Services (ITS) Department presented an item to the City Council requesting approval of the cooperative purchase agreements for the enterprise phone system. The staff report stated that the full $2.2 million was included in the in FY 2022 City budget. The City Council approved the agreement with Cisco and authorized the payment of $2.2 million. Unfortunately, the budget only included a partial payment for the system as initial discussions identified the possibility of participating in a financing payment plan. The financing option available included a three percent interest rate, adding approximately $65,000 to the project which the City will not pursue. Cisco was able to offer a short extension on the total pricing and incentives. The Purchase Order needs to be submitted by the end of August 2021. In order to continue with the project and receive the negotiated incentives, the City needs to move forward with the budget amendments and return to the COC with changes to the spending plan. Due to the deadlines staff will not be able to meet with the COC to present these changes. Staff will be taking an item to the City Council on August 24, 2021, for budget amendments and authorization to make the changes to the Measure P spending plan. FIGURE 1 - Current Measure P Approved Spending Plan - Enterprise Phone System Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Project Number Project Description 2021-22 2022-23 2023-24 2024-25 2025-26 TOTAL GGV0237 Citywide Telecommunications 454,000$ 454,000$ 454,000$ 420,000$ 420,000$ 2,202,000$ 2021/08/24 City Council Post Agenda Page 219 of 346 2 Staff is recommending redirecting a portion of the funding in project “DRN0219 – CMP Rehab Outside ROW Ph3” by approximately $1.6 million as these funds are not needed until future fiscal years. This project is replacing corrugated metal pipe which is outside of the City’s right-of-way. The Director of Engineering has confirmed that this temporary redirection of funds will not affect the scope or completion of the project as it is in the design/engineering phase, which won’t be complete until Spring of 2022. By this time staff will have re-allocated funds back to the project, making the project whole via the typical COC spending plan process. Figure 2 below details the budget adjustments which will be done in order to achieve the project goals. City staff will provide a report during the next regularly scheduled COC meeting in October detailing the adjustments made to the spending plan and proposal to return full funding to the Corrugated Metal Pipe project to continue work progress. The proposed changes are addressing timing of expenditures but continue to comply with the total allocations as presented in the spending plan to the COC. If you have any questions, please feel free to contact either me or Kelly Broughton at 619-691-5031. FIGURE 2 - Proposed Measure P Spending Plan - Enterprise Phone System Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Project Number Project Description 2021-22 2022-23 2023-24 2024-25 2025-26 GGV0237 Citywide Telecommunications 1,618,014$ (454,000)$ (454,000)$ (420,000)$ (290,014)$ DRN0219 CMP Rehab outside ROW Ph3 (1,618,014)$ 454,000$ 454,000.00$ 420,000.00$ 290,014.00$ 2021/08/24 City Council Post Agenda Page 220 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Contract Award: Approve License Agreement with Veritone to Provide a Software Application to Capture Stop Data as Mandated by the Racial and Identity Profiling Act (RIPA) Report Number: 21-0142 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving a license agreement with Veritone to collect data for the Racial and Identity Profiling Act (RIPA). SUMMARY In November 2015, the Racial and Identity Profiling Act (RIPA), otherwise known as AB953, was passed by the California Legislature. Effective July 1, 2018, law enforcement agencies, starting with the state’s largest agencies, were required to collect data and on all “stops”- defined as any detention or search (including consensual searches) and to submit the data to the California Department of Justice (CA DOJ). Agencies were mandated to begin collecting and reporting RIPA data based on the size of the organization; largest agencies starting first. Chula Vista Police Department is required to begin collecting RIPA Stop data on January 2022. Annually, all data must be submitted to CA DOJ by April 1 of the following year (Chula Vista’s data will be due by April 1, 2023). ENVIRONMENTAL REVIEW The Director of Development Services 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 un der Section 15378 of the State CEQA Guidelines because it will not result in a physical change in 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 required. 2021/08/24 City Council Post Agenda Page 221 of 346 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In order to comply with AB953, officers must document specifically mandated information (listed below) for each person they stop, every search they conduct, as part of enforcement activities. This includes discretional stops like traffic stops and pedestrian stops, as well as call for service when they detain and/or search someone suspected of any criminal behavior. The following factual data is required data for each stop: • Date, Time and Duration of Stop • Location of Stop • Reason for Stop • Was Stop in Response to a Call for Service • Actions Taken by Officer During Stop • Contraband or Evidence Discovered • Property Seized • Result of Stop The following perceived data is also required for each person stopped. The officer must report their own perceptions, based upon personal observation only (and not through any other means, such as asking the person or referring to identification). • Perceived Race or Ethnicity • Perceived Age • Perceived Gender • Is the Person Stopped Perceived to be Lesbian, Gay, Bisexual or Transgender • Is the Person Stopped Perceived to Have Limited or No English Fluency • Is the Person Stopped Perceived to Known to Have a Disability Lastly, with respect to the officer making the stop, the officer must report: • Years of Experience • Type Assignment • Unique Identification Number (UID) CA DOJ requires RIPA data to be submitted electronically. To assist in this process, CA DOJ created an application to share with agencies (at no cost) for agencies/officers to use to record the above data. Additionally, locally the San Diego Sheriff’s Department (SDSD) develop their own RIPA application which has been made available to other agencies at no cost as well. In addition to these two RIPA applications, there are several other RIPA software applications available through private companies at cost to agencies. 2021/08/24 City Council Post Agenda Page 222 of 346 P a g e | 3 Chula Vista Police Department began preparing how to best comply with AB953 back in 2018, working with the SDSD and the San Diego Police Department, which were the two San Diego County agencies who were required to report RIPA data in the first wave. Both agencies employed the SDSD application. There are several factors to consider in how the Department implements and employs its RIPA program: • Application integration, compatibility, support and cost for the Department to obtain, integrate, support and maintain the operation of the application. This included the need for a mobile platform that would allow officers to use their department issues smart phones to access the application and enter RIPA data, in addition to a desktop version. • End-user/Officer experience. Officers will need to spend valuable time to report RIPA data multiple times during their shift. Ensuring the fastest, easiest and least time-consuming method of data reporting needs to be considered to avoid hindering response times, and to ensure accuracy of the data collected. • Transparency of the Department’s data and the ability to share it with the community other than annually. The Department’s commitment to transparency is enhanced by the ability to see the data and share the data directly with the community. Incorporating supervisory review and approval to all data will help to avoid the inadvertent disclosure of Personally Identifiable Information (PII) via RIPA data (Note: There is a freeform field for officers to enter additional details about the stop, search or other aspect of the stop. This field should not contain any PII, but the system does not prevent an officer from including it. All other factual data fields or perceived data fields cannot be edited or changed.) The Department also values the ability to require officers to collect additional data that might be of interest to the Department and community, over and above what is mandated by AB953. Over the past few months, the Department’s working group has been working closely with CA DOJ in preparation of implementing the RIPA requirements. Chula Vista Police Department is required to begin submitting test records to DOJ on September 1, 2021. This is to allow for any potential issues with submissions and data being collected. Agencies were required to identify and select a platform for their RIPA submissions. The choices were to use the CA DOJ application or an external (SDSD or private vendor) by June 1, 2021. The Department informed CA DOJ that it was going to use an external application. Early in the evaluation process, the Department elected to pursue using the SDSD application or other commercially available applications over the CA DOJ application. The CA DOJ application is a direct submission to the CA DOJ. When an officer enters the data on a stop, it is immedi ately submitted to CA DOJ. The agency does not get to see the data, share the data or review the data for any issues, such as the inclusion of PII prior to submission. The first time the community will be able to see the data is when the statewide annual RIPA report is published. RIPA data from each calendar year isn’t due until April of the following year, with the statewide report to follow later. Additionally, CA DOJ’s application was taking an average of eight minutes per stop for data entry. Initially the focus was to go with the SDSD application because they offered it at no cost and the Department would be able to see and retain its RIPA data. In addition to the cost benefit, the Sheriff’s Department was reporting that the average time it took to complete data entry after a stop was averaging around 2 minutes per stop. Additionally, the data would be maintained and available to the Department prior to and after CA DOJ submission. 2021/08/24 City Council Post Agenda Page 223 of 346 P a g e | 4 The Department undertook a two-month pilot program with several units (Traffic Division, Street Team unit, School Resource Officers) to test the SDSD application. Early on, the Department encountered multiple technical obstacles with the SDSD application that prevented its use by the Department. Department Information Technology (IT) staff along with City IT staff were ultimately unable to overcome these issues to even allow for Department testing. At this point, the Department began evaluating RIPA applications from other vendors, whose application allowed for the Department to maintain and see it’s RIPA data, incorporate supervisory review and allow an officer to complete stop data entry in a reasonable time. After discussions with other local agencies, Veritone was identified as a potential vendor based on cost, ease of use, support and customization. The Department was able to test the Veritone application over two months and it was found to be efficient, easy to use and implement and the least impactful to officers allowing a balance in gathering AB953 data and maintaining customer service to the community. The cost for Veritone is $100 per officer per year which includes full IT support. Veritone is the only other application that offers both a mobile and desktop application that enables an agency to add customize the application to collect additional data. Veritone is being considered by several other county agencies and is in use by several larger agencies in California. 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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The annual cost of $28,000 (280 licenses) for the Veritone application is not included in the Police Department’s budget. This cost in the current fiscal year will be completely offset by salary savings, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The ongoing fiscal impact to the General Fund for this mandated program is $28,000 every year. Police Department staff will coordinate with Finance Department staff to incorporate this annual cost in the FY 2022/2023 baseline budget. ATTACHMENTS Attachment 1: Veritone License Agreement Staff Contact: Eric Thunberg, Police Department 2021/08/24 City Council Post Agenda Page 224 of 346 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LICENSE AGREEMENT WITH VERITONE TO PROVIDE SOFTWARE APPLICATION TO CAPTURE STOP DATA AS MANDATED BY THE RACIAL AND IDENTITY PROFILING ACT (RIPA) WHEREAS, in November 2015, the Racial and Identity Profiling Act (RIPA), otherwise known as AB953, was passed by the California Legislature; and WHEREAS, effective July 1, 2018, law enforcement agencies, starting with the state’s largest agencies, were required to collect data and on all “stops”, defined as any detention or search (including consensual searches) and to submit the data to the California Department of Justice (CA DOJ); and WHEREAS, Chula Vista Police Department is required to begin collecting RIPA stop data on January 2022; and WHEREAS, after testing multiple applications that collect RIPA data, the software application from Veritone was selected based on cost, ease of use, support and customization. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the license agreement with Veritone to collect data for the Racial and Identity Profiling Act, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk , and authorizes and directs the Mayor to execute same. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2021/08/24 City Council Post Agenda Page 225 of 346 LICENSE AGREEMENT This License Agreement (“Agreement”) is entered into as of the date of the last signature below (“Effective Date”) by and between Veritone, Inc. (for itself and/or its subsidiaries), having an office located at 575 Anton Boulevard, Costa Mesa, CA 92626 (“Veritone”) and the entity listed under Licensee Information below (“Licensee”), with respect to license(s) to Veritone’s Platform and related Services. LICENSEE INFORMATION Licensee Name: City of Chula Vista Billing Contact Information Licensee Address: 315 Fourth Avenue, Chula Vista, CA 91910 Contact Name: Contact Name: Miriam Foxx Contact Phone: Phone: 619-476-2452 Contact Email: Email: mfoxx@chulavistapd.org Email for Invoices: LICENSE AND SERVICES DETAILS Term: Start Date: September 1, 2021 End Date: August 31, 2022 No. of Users: 280 Users (see Section 4 below) License Fees: $100.00 per User per year Services: - Veritone Contact Application - Web-based “train the trainer” session for primary administrator - Standard onboarding and standard technical support via email and in-app chat TERMS AND CONDITIONS 1. Master License Terms and Conditions. This Agreement is governed by the Veritone Master License Terms and Conditions (GLC) at https://unlock.veritone.com/license-terms-glc (the “Terms and Conditions”), which are incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions contained in the Terms and Conditions, the provisions of this Agreement shall govern and control. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Terms and Conditions. 2. Contact Application. During the Term, Veritone grants to Licensee a right and license to access and use the Contact Application, subject to the terms of this Agreement. Licensee acknowledges that the Contact Application is intended to be used by Licensee only as a tool to support Licensee’s compliance efforts related to the collection and submission of data under the California Racial and Identity Profiling Act (“RIPA”). Licensee is solely responsible for its compliance with RIPA, including validating that the data collected, generated and/or submitted by Licensee utilizing the Contact Application meets RIPA requirements, and managing data retention and deletion in accordance with RIPA requirements. Veritone makes no representations or warranties as to the accuracy, completeness or sufficiency of data collected and/or generated by Licensee utilizing the Contact Application or as to compliance with RIPA requirements. 3. DOJ Submissions. Licensee will be permitted to integrate the Contact Application with Licensee’s systems for the purposes of submission of data to the State of California Department of Justice (“DOJ”). Licensee will be responsible for the configuration and maintenance of all interfaces required to integrate the Contact Application with Licensee’s systems, in accordance with the requirements, instructions and/or guidelines communicated by Veritone in writing from time to time. Licensee agrees to provide information regarding Licensee’s systems as reasonably required by Veritone to assist Licensee in connection with the integration. Veritone will not be responsible for any delay or failure in the submission of data to the DOJ caused by Licensee’s failure to configure and/or maintain the required integration. Veritone and Licensee will agree in writing to the exact date on which the automated submission of data to the DOJ through the integration will be activated. 4. Users. The number of users specified in the table above reflects the number of sworn officers designated by Licensee to access and use the Contact Application (each, a “User”). Licensee shall also be permitted to designate additional non-sworn officer personnel (i) as “administrators,” as reasonably necessary to administer Licensee’s use of the Contact Application (each, an “Administrator”), and (ii) as “reviewers,” as reasonably necessary to perform the reviewer function within the Contact Application (each, a “Reviewer”). If at any time during the Term, Licensee adds Users in excess of the number specified in the table above, Licensee will notify Veritone in writing, and Licensee will be charged additional license fees at the per-User rate specified above, prorated for the period of time commencing on the date each additional User is provided access to the Contact Application and continuing through the remainder of the Term. Upon request by Veritone, Licensee shall periodically provide reports to Veritone of the numbers of Users, Administrators and Reviewers who have access to the Contact Application. Veritone shall have the right, upon at least 15 days prior written notice to Licensee and at reasonable times, to examine Licensee’s records for the purpose of verifying the foregoing. 5. Payment Terms. The total license fees for the initial number of Users will be invoiced upon execution of this Agreement and will be due and payable upon receipt of invoice. If Users are added by Licensee during the Term, Veritone will invoice Licensee for the additional license fees for such Users, calculated as set forth in Section 4 above, and any such invoices will be due and payable upon receipt of invoice. All amounts are stated and payable in U.S. dollars. 2021/08/24 City Council Post Agenda Page 226 of 346 6. Data Deletion. Upon expiration of the Term, Veritone will provide Licensee with continued access to the Contact Application for a period of up to thirty (30) days to allow Licensee to export all Licensee Content from the Contact Application for Licensee’s data retention purposes. Licensee Content will be exported in the format generally made available by Veritone, unless a different format is expressly agreed by the parties in writing, which Licensee acknowledges may be subject to additional fees. Upon Veritone’s request, Licensee will provide Veritone with written confirmation that Licensee has exported all Licensee Content. Licensee expressly acknowledges and agrees that Veritone will permanently delete any and all Licensee Content upon expiration of such thirty (30) day period. 7. Authority. The person executing this Agreement on behalf of each party represents and warrants that he or she has full authority to execute the same on behalf of such party, and that no other actions or approvals are required for such party to enter into this Agreement and perform its obligations hereunder. ACCEPTED AND AGREED BY: VERITONE, INC. LICENSEE Signature: Signature: Name: Name: Title: Title: Date: Date: 2021/08/24 City Council Post Agenda Page 227 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Action Plan Amendment: U.S. Department of Housing and Urban Development (HUD) Grants Annual Action Plan Amendment, Reallocating HOME and CDBG Funds to Different Projects Report Number: 21-0133 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Conduct the public hearing and adopt a resolution approving an amendment to the 2020-2021 Annual Action Plan to reallocate available funding from the U.S. Department of Housing and Urban Development; and appropriating funds for that purpose (4/5 Vote Required). SUMMARY The City of Chula Vista’s Annual Action Plan (Action Plan) describes the funding strategy for use of Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) funds. The Action Plan is a tool to assist in implementing the City’s five-year Consolidated Plan, and each Action Plan is developed through public input, analyses, and planning. Any significant funding changes in the approved Action Plan constitutes a Substantial Amendment and must be approved by the City Council prior to submittal to HUD. This process must be in accordance with the City’s Citizen Participation Plan, which ensures that the City takes the necessary steps to encourage public participation. This item is to consider the First Amendment to the 2020/2021 Annual Action Plan. 2021/08/24 City Council Post Agenda Page 228 of 346 P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (CEQA) and determined that the action 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 action is not subject to CEQA. No further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION As an entitlement community with the U.S. Department of Housing and Urban Development (“HUD”), the City receives funds under three block grant programs: Community Development Block Grant (“CDBG”); Home Investment Partnerships (“HOME”); and Emergency Solutions Grant (“ESG”), collectively known as HUD funds. The programs were created to assist cities in creating viable urban communities by providing decent housing, a suitable living environment and expansion of economic opportunities, principally, for low/moderate-income persons, defined as persons earning 80 percent or less of the Area Median Income (“AMI”). As of April 1, 2021, 80 percent of AMI for a family of four is $97,000/year. As a recipient of these HUD funds, the City is required to develop and submit four planning documents (collectively, the “HUD Plans”) to HUD for approval. 1. Citizen Participation Plan (“CPP”); 2. Five-Year Consolidated Plan (the “Con Plan”); 3. Annual Action Plan (the “Action Plan”); and 4. Consolidated Annual Performance Evaluation Report (“CAPER”). On June 15, 2021, the City Council approved the CPP, Con Plan, and Action Plan. Per HUD regulations, any change in the previously established funding strategies and/or an increase in funding of 10% or more to an activity constitutes a Substantial Amendment to the associated planning documents. Engaging residents and encouraging public participation through the adoption and amendment process is essential. The process requires a public notice, a 30-day public comment period, and a public hearing prior to any City Council action. A public notice in both English and Spanish was published on July 30, 2021, initiating the public comment period which runs through August 30, 2021. This proposed Amendment to the 2020/2021 Annual Action Plan is to reallocate available CDBG and HOME funds to the following projects:  Production of New Affordable Housing Units: HOME funds in the amount of $2,000,000 will be allocated to provide gap financing in the proposed production of 200 affordable housing units within the Millenia Sectional Planning Area (“SPA”). Staff will return to Council for consideration and approval of the housing development project under separate Council item.  SBCS Homeless Services: The program combines outreach, assessment and housing placement through emergency shelter, hotel/motel vouchers during inclement weather, transitional housing, and rapid rehousing/tenant-based rental assistance. The Homeless Services Program serves homeless individuals 2021/08/24 City Council Post Agenda Page 229 of 346 P a g e | 3 and families in predominately Western Chula Vista, including children, adults and senior citizens, many of whom are DV Victims, Veterans and Abused Children living on the streets. The SBCS Homeless Services program is currently funded through ESG funds. However, staff is proposing utilizing $75,000 in CDBG funds in place of ESG to streamline and facilitate program administration. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the City's General Fund as all costs associated with the projects, programs and administration of the CDBG and HOME programs are covered by the respective grants. Recommended funding allocations are summarized below: Grant Org Key Project/Program Amount HOME 272552 New Affordable Housing Project $2,000,000 CDBG 272557 SBCS Homeless Services $75,000 ESG 272534 SBCS Homeless Services ($ 75,000) ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as all costs associated with the administration of the CDBG, HOME and ESG programs are covered by the respective grants. ATTACHMENTS None. Staff Contact: Tiffany Allen, Director of Development Services Angélica Davis, Sr Management Analyst 2021/08/24 City Council Post Agenda Page 230 of 346 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE 2020-2021 ANNUAL ACTION PLAN TO REALLOCATE AVAILABLE FUNDING FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND APPROPRIATING FUNDS FOR THAT PURPOSE WHEREAS, as a Department of Housing and Urban Development (“HUD”) entitlement community, the City of Chula Vista receives grant funds under the Community Development Block Grant (“CDBG”), Emergency Shelter Grant (“ESG”), and the Home Investment Partnerships Program (“HOME”); and WHEREAS, on June 15, 2021, the City approved the 2020-2021 Annual Action Plan describing the City’s goal, objectives and funding priorities for the program year; and WHEREAS, subsequent to the adoption of the Action Plan the City received $2,000,000 of HOME funds through the repayment of an affordable housing development loan; and WHEREAS, HOME funds returned to the City must be reinvested in the production of affordable housing; and WHEREAS, through the adoption of the 2020-2021 the City allocated $75,000 of Emergency Solutions Grant funds to South Bay Community Services (“SBCS”) for the Homeless Services Program; and WHEREAS, after evaluation and consideration of the SBCS program, the City determined that Community Development Block Grant funds would be better suited to fund the program; and WHEREAS, per HUD regulations, any change in the Annual Action Plan related to funding strategies, funding amounts or public participation process constitutes a Substantial Amendment to the respective planning documents; and WHEREAS, Staff has prepared an amendment to the 2020-21 Annual Action Plan per HUD Rules and Regulations; and WHEREAS, the City followed its Citizen Participation Plan and is currently holding a public comment period from July 30, 2021 to August 30, 2021 and will incorporate any comments received as appropriate; and WHEREAS, Staff has determined that the proposed activities are eligible for CDBG and HOME funding; and WHEREAS, each project and program selected meets a national objective to benefit primarily low/income households or aid in the elimination of slums and blight; and 2021/08/24 City Council Post Agenda Page 231 of 346 Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Approves the 2021-2021 Annual Action Plan Amendment. 2. That it authorizes an appropriation in the amount of $2,075,000 from the Community Development Block Grant and Home Investment Partnerships Act Grant programs further described in Attachment A. Presented by Approved as to form by Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 232 of 346 Resolution No. Page 3 ATTACHMENT A Grant Program ORG OBJ Project String Proposed Project Amount HOME 272552 7901 TBD Production of Affordable Housing $2,000,000 CDBG 272557 7901 BGS1166 Homeless Services $ 75,000 Total $2,075,000 2021/08/24 City Council Post Agenda Page 233 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Grant Acceptance: Accept Grant Funds from the U.S. Department of Health and Human Services, Authorize the City Manager to enter into Agreements and a MOU to Implement the “San Diego Advancing Minority Health Literacy Program”, and Appropriate Grant Funds Report Number: 21-0111 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Council adopt a resolution: (A) authorizing the acceptance of a $4,000,000 “Advancing Health Literacy (AHL) to Enhance Equitable Community Responses to COVID-19” grant from the U.S. Department of Health and Human Services; (B) authorizing the City Manager to negotiate and enter into agreements with University of California at San Diego and San Diego State University to implement the “San Diego Advancing Minority Health Literacy Program (SD-AMHLP)” and (C) authorizing the City Manager to enter into a Memorandum of Understanding with participating jurisdictions and partners; and (D) appropriating funds for these purposes (4/5 vote required). SUMMARY In April 2021, the City of Chula Vista, in partnership with the University of California San Diego (“UCSD”) Center for Community Health and San Diego State University (SDSU) School of Public Health, submitted an “Advancing Health Literacy (AHL) to Enhance Equitable Community Responses to COVID-19” funding application to the U.S. Department of Health and Human Services (HHS) Office of Minority Health (“OMH”). In July 2021, the City received notification of award for the program in the amount of $4,000,000 to implement a regional project called the “San Diego Advancing Minority Health Literacy Program (SD- AMHLP)”. This item seeks to formally accept the grant funds, authorize the City Manager to negotiate and 2021/08/24 City Council Post Agenda Page 234 of 346 P a g e | 2 execute the corresponding agreements and memorandum of understanding (“MOU”), and appropriate the funds. ENVIRONMENTAL REVIEW The Director of Development Services 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 the proposed activity consists of the creation of a governmental fiscal/funding mechanism which does not result in a physical change in 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 required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION At the Healthy Chula Vista Commission meeting of August 12th an informational item was presented. DISCUSSION On March 17, 2021, OMH released a funding opportunity for a two-year initiative to local governments to identify and implement evidence-based health literacy strategies that are culturally appropriate to enhance COVID-19 testing, contact tracing and/or other mitigation measures (e.g., public health prevention practices and vaccination) in racial and ethnic minority populations and other socially vulnerable populations, utilizing funds from the Coronavirus Response and Relief Supplemental Appropriations Act 2021 (P.L. 116- 260). On June 25, 2021 OMH announced 73 awardees (6 in California) for the AHL funding, including the City of Chula Vista (Attachment 1, AHL Notice of Award). In partnership with UCSD and SDSU, the SD-AMHLP will address disparities in COVID-19 health outcomes as experienced by racial and ethnic minority residents within urban communities throughout San Diego County. The main project outcomes of SD-AMHLP include: 1. Increased availability, accessibility and use of COVID-19 public health information and services by racial and ethnic minority populations; 2. Improved collaboration across stakeholders including greater engagement of resident leaders and community in informing and delivering solutions; and 3. Increased capacity of community-based organizations and health centers to provide evidence-based health literacy strategies. The program will be led by a consortium of stakeholders including multiple city governments, county health departments, community-based organizations, and resident leaders. Local government partners who have committed to collaboration and will serve on a project Steering Committee (which would be memorialized in a corresponding MOU and would , include San Diego County Board of Supervisor District 1 and the Cities of: El Cajon, Escondido, Imperial Beach, La Mesa and National City). In year one, UCSD will facilitate the Steering Committee formation and engage community-based organizations such as the San Diego Refugee Communities Coalition, Latino Health Coalition, Multi-Cultural Health Foundation, Chicano Federation and Union of Pan Asian Communities to recruit resident leaders, who collectively will receive $60,000 in stipends. Residents will be invited and incentivized to record their experience using Streetwyze, a mobile, mapping and SMS platform that can collect real-time information 2021/08/24 City Council Post Agenda Page 235 of 346 P a g e | 3 about how people are experiencing COVID-19 services and systems. This will help inform a Health Literacy Plan to recommend interventions to promote changes in the healthcare delivery system broadly. Beginning in Spring 2022, Health Literacy Projects (approximately $2.7 million) will be awarded to community-based organizations, to implement their projects either independently or in collaboration with community health centers, institutions of higher education and/or other partner community health organizations. The City of Chula Vista will serve as the administrator of the funds and chair the SD-AMHLP Consortium Steering Committee. In addition, City staff will manage the agreements between SDSU whom will provide quality improvement and program evaluation support for all program initiatives and UCSD whom will provide support for grant reporting requirements, facilitate the Steering Committee, conduct community outreach, oversee all resident stipends, Health Literacy Projects, Streetwyze activities and other professional contracts necessary to implement the SD-AMHLP. A summary of the budget is found in Table 1 and specific deliverables for UCSD and SDSU will be included in the Agreements. Table 1 SD-AMHLP Grant Summary Agency/Task Line Items Total Contracts City of Chula Vista $154,486 $154,486 UCSD $638,207 $3,530,778 - Nash & Associates $30,000 - Marketing Specialist (TBD) $20,000 - Streetwyze $80,000 - Stipends for Residents $60,000 - Health Literacy Projects $2,702,571 SDSU $314,736 $314,736 Total $4,000,000 Through this action, staff is seeking Council’s approval to: accept the $4,000,000 in funds awarded by the OMH, authorization for the City Manager or designee to serve as the “Authorized Officer” to execute any necessary documents to obtain the grant; authorize the City Manager to negotiate and enter into agreements between the City, UCSD and SDSU; authorize the City Manager to enter into a MOU between grant partners; and appropriate funds, all of which are necessary to implement and administer the program. 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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 2021/08/24 City Council Post Agenda Page 236 of 346 P a g e | 4 Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Staff time to prepare the grant application and staff report are budgeted in the Development Services budget for Healthy Chula Vista related work. ONGOING FISCAL IMPACT All costs associated with the administration of the associated SD-AMHLP Grant Agreement and funded activities is covered by the grant, resulting in no net impact to the General Fund or Development Services Fund. ATTACHMENTS 1. AHL Notice of Award Staff Contact: Tiffany Allen, Director of Development Services Stacey Kurz, Acting Housing Manager 2021/08/24 City Council Post Agenda Page 237 of 346 Summary Federal Award Financial Information 19. Budget Period Start Date - End Date 20.Total Amount of Federal Funds Obligated by this Action20a. Direct Cost Amount20b. Indirect Cost Amount 21.Authorized Carryover 22.Offset 23. Total Amount of Federal Funds Obligated this budget period 24. Total Approved Cost Sharing or Matching, where applicable 25. Total Federal and Non-Federal Approved this Budget Period 26.Project Period Start Date - End Date 27.Total Amount of the Federal Award including Approved Cost Sharing or Matching this Project Period 28. Authorized Treatment of Program Income 29. Grants Management Officer – Signature Recipient Information Fe deral Agency Information 10.Program Official Contact Information Federal Award Information 30.Remarks 1. Recipient Name 9. Awarding Agency Contact Information Notice of Award Award# FAIN# Federal Award Date: Page 1 2. Congressional District of Recipient 3.Payment System Identifier (ID) 4.Employer Identification Number (EIN) 5.Data Universal Numbering System (DUNS) 6.Recipient’s Unique Entity Identifier 7.Project Director or Principal Investigator 8.Authorized Official 11. Award Number 12. Unique Federal Award Identification Number (FAIN) 13. Statutory Authority 14. Federal Award Project Title 15. Assistance Listing Number 16. Assistance Listing Program Title 17. Award Action Type 18. Is the Award R&D? 07/01/2021 06/30/2023 07/01/2021 ADDITIONAL COSTS 51 1956006659A1 The San Diego Advancing Minority Health Literacy Program (SD-AMHLP) 93.137 Community Program to Improve Minority Health New No Not Available 956000690 Ms. Stacey L. Williams Grants Coordinator Stacey.Williams@hhs.gov 240-453-8444 Office of the Secretary DEPARTMENT OF HEALTH AND HUMAN SERVICES 1 CPIMP211287-01-00 1 CPIMP211287-01-00 CPIMP211287 CPIMP211287 06/18/2021 OASH Grants and Acquisitions Management Division This action awards funding from the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (P.L. 116-260). Dr. Scott Moore OASH Grants Management Officer Stacey Kurz skurz@chulavistaca.gov 6195855609 City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910-2631 Stacey Kurz skurz@chulavistaca.gov 6195855609 $3,966,238.00 $33,762.00 06/30/2023 $4,000,000.00 $0.00 $0.00 $0.00 $0.00 42 U.S.C. § 300u-6, (Section 1707 of the Public Health Service Act) 078726551 Miss Robin Fuller Senior Grants Management Specialist robin.fuller@hhs.gov 240-453-8830 $4,000,000.00 2021/08/24 City Council Post Agenda Page 238 of 346 Page 2 33.Approved Budget(Excludes Direct Assistance) I.Financial Assistance from the Federal Awarding Agency Only II.Total project costs including grant funds and all other financial participation a.Salaries and Wages b.Fringe Benefits c. Total Personnel Costs d.Equipment e.Supplies f.Travel g.Construction h.Other i.Contractual j. TOTAL DIRECT COSTS INDIRECT COSTS TOTAL APPROVED BUDGET m.Federal Share n.Non-Federal Share 34. Accounting Classification Codes k. l. Not Available 31.Assistance Type 32.Type of Award Notice of Award Award# FAIN# Federal Award Date: Recipient Information Recipient Name Congressional District of Recipient Payment Account Number and Type Employer Identification Number (EIN) Data Universal Numbering System (DUNS) Recipient’s Unique Entity Identifier $79,172.00 $41,552.00 $120,724.00 $0.00 $0.00 $0.00 $0.00 $60,000.00 $3,785,514.00 $3,966,238.00$3,966,238.00 $33,762.00$33,762.00 $4,000,000.00$4,000,000.00 $4,000,000.00$4,000,000.00 $0.00$0.00 06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910-2631 Project Grant 51 078726551 956000690 1956006659A1 Other FY-ACCOUNT NO.DOCUMENT NO.ADMINISTRATIVE CODE OBJECT CLASS AMT ACTION FINANCIAL ASSISTANCE APPROPRIATION 1-199CVBE CPIMP1287C5 MPD-52 41.51 $4,000,000.00 75-2122-0140 2021/08/24 City Council Post Agenda Page 239 of 346  35. Terms And Conditions ‍ SPECIAL CONDITIONS 1.Medium Risk Designation.  Your‍project‍is‍designated‍medium‍risk.‍ We‍based‍this‍designation‍on‍our‍experience‍with‍your‍prior‍experience‍managing‍awards‍with‍the‍ Office‍of‍the‍Assistant‍Secretary‍for‍Health,‍concerns‍identified‍in‍your‍most‍recent‍single‍audit,‍and/ or‍concerns about‍your‍proposed‍treatement‍of‍costs‍under‍the‍Cost‍Principles‍in ‍45‍C.F.R.‍part‍75‍.‍ This‍designation‍is‍to‍protect‍the‍Federal‍Government's‍interest.‍We‍will‍reevaluate‍this‍designation‍ after‍three‍months‍of‍reporting. ‍This‍special‍condition‍remains‍in‍effect‍until‍you‍recieve‍written‍ approval‍from‍the‍Grants‍Management‍Officer.  To‍assure‍ongoing‍programmatic‍progress‍and‍financial‍complaince,‍you‍must‍submit‍a‍monthly‍ progress‍report‍outlining‍specific‍and‍measurable‍progress‍toward‍meeting‍the‍objectives‍in‍the‍ approved‍project‍work‍plan.‍The‍federal‍project‍officer‍and‍grants‍management‍specialist‍will‍provide information‍regarding‍the‍content‍and‍format‍of‍the‍report‍which‍are‍intended‍to‍supplment‍the‍30-,‍ 60-,‍and‍90-day‍reporting‍for‍this‍intiative. ‍The‍reporting‍period‍is‍every‍30‍days‍from‍the‍project‍ start‍date. ‍The‍report‍must‍be‍submitted‍in‍the‍Grant‍Notes‍module‍of‍Grant‍Solutions‍no‍later‍than‍7‍ calendar‍days‍after‍the‍close‍of‍the‍period. ‍For‍example,‍for‍a‍project‍beginning‍July‍1,‍the‍first‍ reporting‍period‍covers‍July‍1‍through‍July‍30‍and‍must‍be‍submitted‍no‍later‍than‍August‍7.  This‍requirement‍is‍in‍addition‍to‍the‍standard‍reporting‍requirement‍described‍in‍the‍Standard‍Terms‍ and‍Requirements‍below.  Failure‍to‍comply‍with‍this‍or‍any‍other‍Special‍Condition‍may‍result‍in‍an‍enforcement‍action‍such‍ as‍disallowance‍of‍funds,‍drawdown‍restriction,‍suspension,‍or‍termination.‍Should‍we‍decide‍to‍ terminate‍your‍award‍prior‍to‍the‍end‍of‍the‍project‍period‍based‍on‍your‍material‍failure‍to‍comply‍ with‍the‍terms‍and‍conditions‍of‍the‍award,‍we‍must‍report‍the‍termination‍to‍a‍government-wide‍ integrity‍and‍performance‍system. SPECIAL TERMS AND REQUIREMENTS 1.Limitations on Burn-rate.  Funding‍for‍this‍project‍has‍been‍awarded‍as‍a‍single‍budget‍period‍for‍ the‍entire‍project‍period.‍OASH‍expects‍awardees‍appropriate‍management‍of‍funds‍including‍ appropriate‍burn-rates‍to‍execute‍the‍awarded‍project‍in‍full. ‍To‍protect‍the‍federal‍interest,‍OASH‍is‍ placing‍a‍limitation‍on‍the‍burn-rate‍of‍the‍Total‍Federal‍Share‍awarded. ‍Unless‍prior‍written‍ approval‍has‍been obtained‍from the‍OASH‍Grants‍Management‍Officer,‍the‍awardee‍is‍authorized‍to drawdown: -- ‍up‍to‍30%‍of‍the‍Total‍Federal‍Share‍in‍the‍first‍6‍months‍of‍the‍project‍period; -- ‍up‍to‍55%‍of‍the‍Total‍Federal‍Share‍in‍the‍first‍12‍months‍of‍the‍project‍period;‍and  -- ‍up‍to‍80%‍of‍the‍Total‍Federal‍Share‍in‍the‍first‍18‍months‍of‍the‍project‍period. Prior‍written‍approval‍is‍required‍from‍the‍OASH‍Grants‍Management‍Officer‍to‍exceed‍these‍limits.  Requests‍will‍only‍be‍considered‍after‍reviewing‍a‍sumitted‍Budget‍Revision‍Amendment‍including‍a justification‍uploaded‍in‍Grant‍Solutions.  2.Special Reporting. ‍For‍the‍first‍6‍months‍of‍the‍project,‍you‍must‍submit‍monthly‍reports‍in‍Grant‍ Notes‍in‍Grant‍Solutions. ‍The‍calendar‍month‍is‍the‍reporting‍period. ‍The‍reports‍are‍due‍no‍later‍ 3Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 240 of 346 than‍7‍calendar‍days‍after‍the‍end‍of‍the‍month. ‍Each‍report‍shall‍contain‍a‍summary‍of‍the‍previous‍ month’s‍accomplishments,‍difficulties,‍and‍a‍30-,‍60-,‍and‍90-day‍outlook‍table. ‍Your‍project‍officer‍ will‍provide‍additional‍guidance‍regarding‍optional‍formats. ‍After‍the‍sixth‍report,‍the‍reporting‍ cadence‍will‍automatically‍revert‍to‍the‍quarterly‍reporting‍frequency‍noted‍in‍the‍Reporting‍Section‍ of‍this‍Notice‍of‍Award‍unless‍your‍award‍has‍a‍different‍reporting‍cadence‍under‍Special‍ Conditions. ‍The‍monthly‍reporting‍cadence‍may‍be‍extended‍as‍necessary‍for‍appropriate‍monitoring of‍the‍project‍by‍the‍Grants‍Management‍Officer.  3.First 30 days. ‍The‍follwing‍item‍must‍be‍completed‍and‍submitted‍as‍a‍Grant‍Note(s)‍in‍Grant‍ Solutions‍within‍the‍first‍30‍days‍of‍the‍project‍period.  a.  Budget Revision.‍No‍later‍than‍30‍days‍after‍the‍project‍period‍start‍date,‍you‍must‍submit‍a‍ revised‍budget‍via‍Grant‍Notes‍in‍Grant‍Solutions‍on‍SF-424A‍for‍non-construction‍projects‍with‍a‍ revised,‍detailed‍budget‍justification. ‍The‍budget‍must‍be‍broken‍down‍by‍year‍and‍cover‍the‍entire‍ project‍period.  Awardee‍and‍contractor‍costs‍must‍be‍properly‍allocated‍in‍the‍budget‍categories‍(e.g.,‍contractor‍ salaries‍assigned‍to‍contracts‍and‍not‍awardee‍employee‍salaries)‍and‍correctly‍apply‍the‍indirect‍cost‍ rate‍to‍the‍modified‍total‍direct‍costs‍(MTDC). ‍Budgets‍must‍conform‍to‍the‍cost‍principles‍in‍45‍ C.F.R.‍part‍75. ‍If‍you‍have‍a‍negotiated‍indirect‍cost‍rate,‍you‍must‍provide‍a‍copy‍of‍the‍ documentation‍to‍support‍it.  b.  Acquisition Process Timeline. ‍No‍later‍than‍30‍days‍after‍the‍project‍period‍start‍date,‍you‍must‍ submit‍a‍timeline‍for‍your‍acquisition/contracting‍process‍to‍be‍used‍to‍solicit‍and‍execute‍contracts‍ to‍support‍this‍grant. c.  Staffing Plan. ‍No‍later‍than‍30‍days‍after‍the‍project‍period‍start‍date,‍you‍must‍submit‍the‍ staffing‍plan‍for‍the‍project‍indicating‍positions‍already‍filled‍as‍well‍as‍those‍that‍are‍currently‍ vacant. ‍You‍must‍include‍the‍anticipated‍onboarding‍dates‍for‍positions‍to‍be‍filled‍to‍execute‍the‍ award. d.  Disparity Impact Statement (DIS).  No‍later‍than‍30‍days‍after‍the‍project‍period‍start‍date,‍you‍ must‍submit‍a‍Disparity‍Impact‍Statement‍(DIS)‍prepared‍according‍to‍the‍guidance‍posted‍by‍the‍ Office‍of‍Minority‍Health‍at https://minorityhealth.hhs.gov/disparities-impact‍‍.‍‍  e.  Audit Findings. ‍No‍later‍than‍30‍days‍after‍the‍project‍period‍start‍date,‍you‍must‍submit‍your‍ corrective‍action‍plan‍for‍any‍material‍weakness‍or‍material‍non-compliance‍finding‍that‍relates‍to‍ internal‍controls‍or‍subrecipient‍monitoring‍in‍your‍most‍recent‍Single‍Audit.  4.First 60 Days. ‍The‍follwing‍item‍must‍be‍completed‍and‍submitted‍as‍a‍Grant‍Note(s)‍in‍Grant‍ Solutions‍within‍the‍first‍60‍days‍of‍the‍project‍period.  a.  Planning Documents. ‍No‍later‍than‍60‍days‍after‍the‍project‍period‍start‍date,‍you‍must‍submit‍a‍ detailed‍work‍plan,‍a‍health‍literacy‍plan‍incorporating‍the‍National‍standards‍for‍Culturally‍and‍ Linguistically‍Appropriate‍Services‍in‍Health‍and‍Health‍Care,‍and‍an‍outcome‍evaluation‍plan. ‍The‍ plans‍should‍appropriately‍relate‍to‍and‍build‍upon‍each‍other.  b.  Subrecipient Monitoring Plan. ‍No‍later‍than‍60‍days‍after‍the‍project‍period‍start‍date,‍you‍must submit‍a‍comprehensive‍subrecipient‍monitoring‍plan‍specific‍to‍the‍subrecipient‍activities‍under‍this‍ project. 5.First 90 days.  The‍follwing‍item‍must‍be‍completed‍and‍submitted‍as‍a‍Grant‍Note‍in‍Grant‍ Solutions‍within‍the‍first‍90‍days‍of‍the‍project‍period.  4Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 241 of 346 a.  Final Confidentiality Plan. ‍No‍later‍than‍90‍days‍after‍the‍project‍period‍start‍date,‍you‍must‍ submit‍a‍final‍confidentiality‍plan.  6.Documentation of Agreements.‍You‍are‍expected‍to‍submit‍all‍signed‍Memoranda‍of‍Understanding (MOUs)‍with‍all‍partners‍within‍the‍first‍60‍calendar‍days‍of‍the‍project‍period.‍ Additional‍partners‍ can‍and‍should‍be‍added‍throughout‍the‍duration‍of‍the‍award,‍at‍which‍point‍signed‍MOUs‍should‍be submitted‍within‍10‍calendar‍days‍of‍newly‍established‍formal‍partnerships.‍MOUs‍should‍detail‍ roles‍and‍responsibilities‍of‍each‍partner. You‍must‍submit‍a‍notification‍for‍each‍executed‍contract‍that‍includes‍a‍brief‍description‍of‍the‍ contract‍scope‍of‍work,‍cost‍breakdown,‍the‍date‍executed,‍and‍the‍performance‍period‍of‍the‍ contract. ‍The‍notification‍is‍due‍10‍calendar‍days‍following‍execution‍of‍the‍contract. ‍You‍should‍ not‍send‍a‍copy‍of‍the‍contract.  MOUs,‍contract‍notifications,‍and‍any‍other‍supporting‍documentation‍for‍partners‍and‍subrecipients‍ must‍be‍submitted‍via‍Grant‍Notes‍Module‍in‍GrantSolutions. 7.Institutional Review Board (IRB). Institutional‍Review‍Board‍(IRB)‍approvals,‍when‍applicable,‍ must‍be‍submitted‍via‍Grant‍Solutions‍Grant‍Notes‍within‍5‍business‍days‍of‍receipt‍from‍the‍IRB. ‍ No‍activities‍that‍require‍IRB‍approval‍may‍take‍place‍prior‍to‍your‍receipt‍of‍the‍IRB‍approval.  STANDARD TERMS 1.Compliance with Terms and Conditions. You‍must‍comply‍with‍all‍terms‍and‍conditions‍outlined‍ in‍the‍grant‍award,‍including‍grant‍policy‍terms‍and‍conditions‍contained‍in‍applicable‍Department‍of Health‍and‍Human‍Services‍(HHS)‍Grant‍Policy‍Statements‍(GPS),‍(note‍any‍references‍in‍the‍GPS‍ to‍45‍C.F.R.‍Part‍74‍or‍92‍are‍now‍replaced‍by‍45‍C.F.R.‍Part‍75,‍and‍the‍SF-269‍is‍now‍the‍SF-425),‍ and‍requirements‍imposed‍by‍program‍statutes‍and‍regulations,‍Executive‍Orders,‍and‍HHS‍grant‍ administration‍regulations,‍as‍applicable;‍as‍well‍as‍any‍requirements‍or‍limitations‍in‍any‍applicable‍ appropriations‍acts.‍By‍drawing‍or‍otherwise‍obtaining‍funds‍for‍the‍award‍from‍the‍grant‍payment‍ system‍or‍office,‍you‍accept‍the‍terms‍and‍conditions‍of‍the‍award‍and‍agree‍to‍perform‍in‍accordance with‍the‍requirements‍of‍the‍award.‍The‍HHS‍Grants‍Policy‍Statement‍is‍available‍at:‍ http://www.hhs.gov/sites/default/files/grants/grants/policies-regulations/hhsgps107.pdf‍Uniform‍ Administrative‍Requirements,‍Cost‍Principles,‍and‍Audit‍Requirements‍for‍HHS‍awards‍are‍at‍45‍ C.F.R.‍Part‍75. 2.Grants Management Officer Prior Approval Requirements. Certain‍changes‍to‍your‍project‍or‍ personnel‍require‍prior‍approval‍from‍the‍Grants‍Management‍Officer‍(GMO).‍(See‍Part‍II,‍HHS‍ Grants‍Policy‍Statement‍(GPS),‍any‍references‍in‍the‍GPS‍to‍45‍C.F.R.‍Part‍74‍or‍92‍are‍now‍ replaced‍by‍45‍C.F.R.‍Part‍75).‍All‍amendment‍requests‍requiring‍prior‍approval‍must‍be‍signed‍by‍ the‍grantee‍authorizing‍official‍and‍or‍PI/PD‍and‍submitted‍through‍the‍GrantSolutions‍Amendment‍ Module.‍Only‍responses‍signed‍by‍the‍GMO‍are‍considered‍valid.‍If‍you‍take‍action‍on‍the‍basis‍of‍ responses‍from‍other‍officials‍or‍individuals,‍you‍do‍so‍at‍your‍own‍risk.‍Such‍responses‍will‍not‍be‍ considered‍binding‍by‍or‍upon‍any‍OASH‍Office‍or‍HHS‍component.‍Any‍other‍correspondence‍not‍ relating‍to‍a‍prior‍approval‍item‍should‍be‍uploaded‍to‍Grant‍Notes‍within‍the‍GrantSolutions‍system. Include‍the‍Federal‍grant‍number‍and‍signature‍of‍the‍authorized‍business‍official‍and‍the‍project‍ director‍on‍all‍such‍correspondence. 3.Salary Limitation (Further Consolidated Appropriations Act, 2020, Div. A, Title II, sec. 202). “None‍of‍the‍funds‍appropriated‍in‍this‍title‍shall‍be‍used‍to‍pay‍the‍salary‍of‍an‍individual,‍ through‍a‍grant‍or‍other‍extramural‍mechanism,‍at‍a‍rate‍in‍excess‍of‍Executive‍Level‍II.” 5Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 242 of 346 The‍Salary‍Limitation‍is‍based‍upon‍the‍Executive‍Level‍II‍of‍the‍Federal‍Executive‍Pay‍Scale. ‍ Effective‍January ‍2021,‍the‍Executive‍Level‍II‍salary‍is‍$199,300.‍For‍the‍purposes‍of‍the‍salary‍ limitation,‍the‍direct‍salary‍is‍exclusive‍of‍fringe‍benefits‍and‍indirect‍costs.‍An‍individual’s‍direct‍ salary‍is‍not‍constrained‍by‍the‍legislative‍provision‍for‍a‍limitation‍of‍salary.‍The‍rate‍limitation‍ simply‍limits‍the‍amount‍that‍may‍be‍awarded‍and‍charged‍to‍the‍grant.cooperative‍agreement.‍A‍ recipient‍may‍pay‍an‍individual’s‍salary‍amount‍in‍excess‍of‍the‍salary‍cap‍with‍non-federal‍funds. 4.Reporting Subawards and Executive Compensation. A.‍Reporting‍of‍first-tier‍subawards. 1)    ‍Applicability.  Unless‍you‍are‍exempt‍as‍provided‍in‍paragraph‍D.‍of‍this‍award‍term,‍you‍must‍report‍each‍action‍ that‍obligates‍$25,000‍or‍more‍in‍Federal‍funds‍that‍does‍not‍include‍Recovery‍Act‍funds‍(as‍defined‍ in‍section‍1512(a)(2)‍of‍the‍American‍Recovery‍and‍Reinvestment‍Act‍of‍2009,‍Pub.‍L.‍111–5)‍for‍a‍ subaward‍to‍an‍entity‍(see‍definitions‍in‍paragraph‍e.‍of‍this‍award‍term). 2)    ‍Where‍and‍when‍to‍report.‍  You‍must‍report‍each‍obligating‍action‍described‍in‍paragraph‍A.1.‍of‍this‍award‍term‍to‍the‍Federal‍ Funding‍Accountability‍and‍Transparency‍Act‍Subaward‍Reporting‍System‍(FFRS).‍For‍subaward‍ information,‍report‍no‍later‍than‍the‍end‍of‍the‍month‍following‍the‍month‍in‍which‍the‍obligation‍ was‍made.‍(For‍example,‍if‍the‍obligation‍was‍made‍on‍November‍7,‍2010,‍the‍obligation‍must‍be‍ reported‍by‍no‍later‍than‍December‍31,‍2010.) 3)    ‍What‍to‍report. You‍must‍report‍the‍information‍about‍each‍obligating‍action‍as‍specified‍in‍the‍submission‍ instructions‍posted‍at‍http://www.fsrs.gov. B. Reporting‍Total‍Compensation‍of‍Recipient‍Executives. 1)    ‍Applicability‍and‍what‍to‍report. You‍must‍report‍total‍compensation‍for‍each‍of‍your‍five‍most‍highly‍compensated‍executives‍for‍the‍ preceding‍completed‍fiscal‍year,‍if— 6Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 243 of 346 a)‍The‍total‍Federal‍funding‍authorized‍to‍date‍under‍this‍award‍is‍$25,000‍or‍ more; b)‍In‍the‍preceding‍fiscal‍year,‍you‍received— (1) ‍80‍percent‍or‍more‍of‍your‍annual‍gross‍revenues‍from‍Federal‍ procurement‍contracts‍(and‍subcontracts)‍and‍Federal‍financial‍ assistance‍subject‍to‍the‍Transparency‍Act,‍as‍defined‍at‍2‍C.F.R.‍ §170.320‍(and‍subawards);‍and (2) ‍$25,000,000‍or‍more‍in‍annual‍gross‍revenues‍from‍Federal‍ procurement‍contracts‍(and‍subcontracts)‍and‍Federal‍financial‍ assistance‍subject‍to‍the‍Transparency‍Act,‍as‍defined‍at‍2‍C.F.R.‍ §170.320‍(and‍subawards);‍and c) ‍ The‍public‍does‍not‍have‍access‍to‍information‍about‍the‍compensation‍of‍ the‍executives‍through‍periodic‍reports‍filed‍under‍section‍13(a)‍or‍15(d)‍of‍the‍ Securities‍Exchange‍Act‍of‍1934‍(15‍U.S.C.‍§‍78m(a),‍78o(d))‍or‍section‍6104‍ of‍the‍Internal‍Revenue‍Code‍of‍1986.‍(To‍determine‍if‍the‍public‍has‍access‍to‍ the‍compensation‍information,‍see‍the‍U.S.‍Security‍and‍Exchange‍Commission total‍compensation‍filings‍at‍the‍Executive‍Compensation‍page‍of‍the‍SEC‍ website.) 2) ‍Where‍and‍when‍to‍report. You‍must‍report‍executive‍total‍compensation‍described‍in‍paragraph‍B.1.‍of‍this‍award‍term: a) ‍As‍part‍of‍your‍registration‍profile‍in‍the‍System‍for‍Award‍Management‍ (SAM). b) ‍By‍the‍end‍of‍the‍month‍following‍the‍month‍in‍which‍this‍award‍is‍made,‍ and‍annually‍thereafter. C. ‍Reporting‍of‍Total‍Compensation‍of‍Subrecipient‍Executives. 1)    ‍Applicability‍and‍what‍to‍report. Unless‍you‍are‍exempt‍as‍provided‍in‍paragraph‍D‍of‍this‍award‍term,‍for‍each‍first-tier‍subrecipient‍ under‍this‍award,‍you‍shall‍report‍the‍names‍and‍total‍compensation‍of‍each‍of‍the‍subrecipient’s‍five‍ most‍highly‍compensated‍executives‍for‍the‍subrecipient’s‍preceding‍completed‍fiscal‍year,‍if— 7Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 244 of 346 a) ‍In‍the‍subrecipient’s‍preceding‍fiscal‍year,‍the‍subrecipient‍received— (1) ‍80‍percent‍or‍more‍of‍its‍annual‍gross‍revenues‍from‍Federal‍ procurement‍contracts‍(and‍subcontracts)‍and‍Federal‍financial‍ assistance‍subject‍to‍the‍Transparency‍Act,‍as‍defined‍at‍2‍C.F.R.‍§‍ 170.320‍(and‍subawards);‍and (2) ‍$25,000,000‍or‍more‍in‍annual‍gross‍revenues‍from‍Federal‍ procurement‍contracts‍(and‍subcontracts),‍and‍Federal‍financial‍ assistance‍subject‍to‍the‍Transparency‍Act‍(and‍subawards);‍and b)‍The‍public‍does‍not‍have‍access‍to‍information‍about‍the‍compensation‍of‍ the‍executives‍through‍periodic‍reports‍filed‍under‍section‍13(a)‍or‍15(d)‍of‍the‍ Securities‍Exchange‍Act‍of‍1934‍(15‍U.S.C.‍§‍78m(a),‍78o(d))‍or‍section‍6104‍ of‍the‍Internal‍Revenue‍Code‍of‍1986.‍(To‍determine‍if‍the‍public‍has‍access‍to‍ the‍compensation‍information,‍see‍the‍U.S.‍Security‍and‍Exchange‍Commission total‍compensation‍filings‍at‍the‍Executive‍Compensation‍page‍of‍the‍SEC‍ website.) 2) ‍Where‍and‍when‍to‍report. You‍must‍report‍subrecipient‍executive‍total‍compensation‍described‍in‍paragraph‍C.1.‍of‍this‍award‍ term: a) ‍To‍the‍recipient. b) ‍ By‍the‍end‍of‍the‍month‍following‍the‍month‍during‍which‍you‍make‍the‍ subaward.‍For‍example,‍if‍a‍subaward‍is‍obligated‍on‍any‍date‍during‍the‍ month‍of‍October‍of‍a‍given‍year‍(i.e.,‍between‍October‍1‍and‍31),‍you‍must‍ report‍any‍required‍compensation‍information‍of‍the‍subrecipient‍by‍November‍ 30‍of‍that‍year. D. ‍Exemptions. If,‍in‍the‍previous‍tax‍year,‍you‍had‍gross‍income,‍from‍all‍sources,‍under‍$300,000,‍you‍are‍exempt‍ from‍the‍requirements‍to‍report: 1) ‍Subawards,‍and 2) ‍The‍total‍compensation‍of‍the‍five‍most‍highly‍compensated‍executives‍of‍any‍ subrecipient. E.‍Definitions. For‍purposes‍of‍this‍award‍term: 1)    ‍“Entity”‍ This‍term‍means‍all‍of‍the‍following,‍as‍defined‍in‍2‍C.F.R.‍Part‍25: 8Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 245 of 346 a) ‍A‍Governmental‍organization,‍which‍is‍a‍State,‍local‍government,‍or‍Indian‍ tribe; b) ‍A‍foreign‍public‍entity; c) ‍A‍domestic‍or‍foreign‍nonprofit‍organization; d) ‍A‍domestic‍or‍foreign‍for-profit‍organization; e) ‍A‍Federal‍agency,‍but‍only‍as‍a‍subrecipient‍under‍an‍award‍or‍subaward‍to‍ a‍non-Federal‍entity. 2)    ‍“Executive”‍ This‍term‍means‍officers,‍managing‍partners,‍or‍any‍other‍employees‍in‍management‍positions. 3)    ‍“Subaward”: a) ‍This‍term‍means‍a‍legal‍instrument‍to‍provide‍support‍for‍the‍performance‍ of‍any‍portion‍of‍the‍substantive‍project‍or‍program‍for‍which‍you‍received‍this award‍and‍that‍you‍as‍the‍recipient‍award‍to‍an‍eligible‍subrecipient. b) ‍The‍term‍does‍not‍include‍your‍procurement‍of‍property‍and‍services‍needed to‍carry‍out‍the‍project‍or‍program‍(for‍further‍explanation,‍see‍Sec.‍ll‍.210‍of‍ the‍attachment‍to‍OMB‍Circular‍A–133,‍‘‘Audits‍of‍States,‍Local‍ Governments,‍and‍Non-Profit‍Organizations’’). c) ‍A‍subaward‍may‍be‍provided‍through‍any‍legal‍agreement,‍including‍an‍ agreement‍that‍you‍or‍a‍subrecipient‍considers‍a‍contract. 4)    ‍“Subrecipient”‍ This‍term‍means‍an‍entity‍that: a) ‍Receives‍a‍subaward‍from‍you‍(the‍recipient)‍under‍this‍award;‍and b) ‍Is‍accountable‍to‍you‍for‍the‍use‍of‍the‍Federal‍funds‍provided‍by‍the‍ subaward. 5)    ‍“Total‍compensation”‍ This‍term‍means‍the‍cash‍and‍noncash‍dollar‍value‍earned‍by‍the‍executive‍during‍the‍recipient’s‍or‍ subrecipient’s‍preceding‍fiscal‍year‍and‍includes‍the‍following‍(for‍more‍information‍see‍17‍C.F.R.‍§‍ 229.402(c)(2)): 9Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 246 of 346 a) ‍Salary‍and‍bonus. b) ‍Awards‍of‍stock,‍stock‍options,‍and‍stock‍appreciation‍rights.‍Use‍the‍dollar‍ amount‍recognized‍for‍financial‍statement‍reporting‍purposes‍with‍respect‍to‍ the‍fiscal‍year‍in‍accordance‍with‍the‍Statement‍of‍Financial‍Accounting‍ Standards‍No.‍123‍(Revised‍2004)‍(FAS‍123R),‍Shared‍Based‍Payments. c) ‍Earnings‍for‍services‍under‍non-equity‍incentive‍plans.‍This‍does‍not‍ include‍group‍life,‍health,‍hospitalization‍or‍medical‍reimbursement‍plans‍that‍ do‍not‍discriminate‍in‍favor‍of‍executives,‍and‍are‍available‍generally‍to‍all‍ salaried‍employees. d) ‍Change‍in‍pension‍value.‍This‍is‍the‍change‍in‍present‍value‍of‍defined‍ benefit‍and‍actuarial‍pension‍plans. e) ‍ Above-market‍earnings‍on‍deferred‍compensation‍which‍is‍not‍tax- qualified. f) ‍ ‍Other‍compensation,‍if‍the‍aggregate‍value‍of‍all‍such‍other‍compensation‍ (e.g.‍severance,‍termination‍payments,‍value‍of‍life‍insurance‍paid‍on‍behalf‍of‍ the‍employee,‍perquisites‍or‍property)‍for‍the‍executive‍exceeds‍$10,000. 5.Trafficking in Persons. This‍award‍is‍subject‍to‍the‍requirements‍of‍Section‍106‍(g)‍of‍the‍ Trafficking‍Victims‍Protection‍Act‍of‍2000,‍as‍amended‍(22‍U.S.C.‍§‍7104) 10Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 247 of 346 A.‍Provisions‍applicable‍to‍a‍recipient‍that‍is‍a‍private‍entity. 1) ‍ You‍as‍the‍recipient,‍your‍employees,‍subrecipients‍under‍this‍award,‍and‍ subrecipients’‍employees‍may‍not a) ‍Engage‍in‍severe‍forms‍of‍trafficking‍in‍persons‍during‍the‍period‍of‍time‍ that‍the‍award‍is‍in‍effect; b) ‍Procure‍a‍commercial‍sex‍act‍during‍the‍period‍of‍time‍that‍the‍award‍is‍in‍ effect;‍or c) ‍Use‍forced‍labor‍in‍the‍performance‍of‍the‍award‍or‍subawards‍under‍the‍ award. 2) ‍ We‍as‍the‍Federal‍awarding‍agency‍may‍unilaterally‍terminate‍this‍award,‍without‍ penalty,‍if‍you‍or‍a‍subrecipient‍that‍is‍a‍private‍entity‍– a) ‍Is‍determined‍to‍have‍violated‍a‍prohibition‍in‍paragraph‍A.1‍of‍this‍award‍ term;‍or b) ‍Has‍an‍employee‍who‍is‍determined‍by‍the‍agency‍official‍authorized‍to‍ terminate‍the‍award‍to‍have‍violated‍a‍prohibition‍in‍paragraph‍A.1‍of‍this‍ award‍term‍through‍conduct‍that‍is‍either- (1) ‍Associated‍with‍performance‍under‍this‍award;‍or (2) ‍Imputed‍to‍you‍or‍the‍subrecipient‍using‍the‍standards‍and‍due‍ process‍for‍imputing‍the‍conduct‍of‍an‍individual‍to‍an‍organization‍that are‍provided‍in‍2‍C.F.R.‍Part‍180,‍“OMB‍Guidelines‍to‍Agencies‍on‍ Governmentwide‍Debarment‍and‍Suspension‍(Nonprocurement),”‍as‍ implemented‍by‍our‍agency‍at‍2‍C.F.R.‍Part‍376. B.‍Provision‍applicable‍to‍a‍recipient‍other‍than‍a‍private‍entity. We‍as‍the‍Federal‍awarding‍agency‍may‍unilaterally‍terminate‍this‍award,‍without‍penalty,‍if‍a‍ subrecipient‍that‍is‍a‍private‍entity- 11Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 248 of 346 1) ‍ Is‍determined‍to‍have‍violated‍an‍applicable‍prohibition‍in‍paragraph‍a.1‍of‍this‍ award‍term;‍or 2) ‍ Has‍an‍employee‍who‍is‍determined‍by‍the‍agency‍official‍authorized‍to‍terminate‍ the‍award‍to‍have‍violated‍an‍applicable‍prohibition‍in‍paragraph‍a.1‍of‍this‍award‍term through‍conduct‍that‍is‍either a) ‍Associated‍with‍performance‍under‍this‍award;‍or b) ‍Imputed‍to‍the‍subrecipient‍using‍the‍standards‍and‍due‍process‍for‍ imputing‍the‍conduct‍of‍an‍individual‍to‍an‍organization‍that‍are‍provided‍in‍2‍ C.F.R.‍Part‍180,‍“OMB‍Guidelines‍to‍Agencies‍on‍Governmentwide‍ Debarment‍and‍Suspension‍(Nonprocurement),”‍as‍implemented‍by‍our‍agency‍ at‍2‍C.F.R.‍Part‍376. C. ‍Provisions‍applicable‍to‍any‍recipient. 1) ‍ You‍must‍inform‍us‍immediately‍of‍any‍information‍you‍receive‍from‍any‍source‍ alleging‍a‍violation‍of‍a‍prohibition‍in‍paragraph‍A.1‍of‍this‍award‍term 2) ‍ Our‍right‍to‍terminate‍unilaterally‍that‍is‍described‍in‍paragraph‍A.2‍or‍B‍of‍this‍ section: a) ‍Implements‍section‍106(g)‍of‍the‍Trafficking‍Victims‍Protection‍Act‍of‍ 2000‍(TVPA),‍as‍amended‍(22‍U.S.C.‍§‍7104(g)),‍and b) ‍Is‍in‍addition‍to‍all‍other‍remedies‍for‍noncompliance‍that‍are‍available‍to‍us under‍this‍award. 3) ‍ You‍must‍include‍the‍requirements‍of‍paragraph‍A.1‍of‍this‍award‍term‍in‍any‍ subaward‍you‍make‍to‍a‍private‍entity. D. ‍Definitions.‍For‍purposes‍of‍this‍award‍term: 1)    ‍ “Employee”‍means‍either: a) ‍An‍individual‍employed‍by‍you‍or‍a‍subrecipient‍who‍is‍engaged‍in‍the‍ performance‍of‍the‍project‍or‍program‍under‍this‍award;‍or b) ‍ Another‍person‍engaged‍in‍the‍performance‍of‍the‍project‍or‍program‍under this‍award‍and‍not‍compensated‍by‍you‍including,‍but‍not‍limited‍to,‍a‍ volunteer‍or‍individual‍whose‍services‍are‍contributed‍by‍a‍third‍party‍as‍an‍in- kind‍contribution‍toward‍cost‍sharing‍or‍matching‍requirements. 2)    ‍“Forced‍labor”‍means: Labor‍obtained‍by‍any‍of‍the‍following‍methods:‍the‍recruitment,‍harboring,‍ transportation,‍provision,‍or‍obtaining‍of‍a‍person‍for‍labor‍or‍services,‍through‍the‍use of‍force,‍fraud,‍or‍coercion‍for‍the‍purpose‍of‍subjection‍to‍involuntary‍servitude,‍ peonage,‍debt‍bondage,‍or‍slavery. 3)‍ “Private‍entity”: 12Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 249 of 346 a) ‍Means‍any‍entity‍other‍than‍a‍State,‍local‍government,‍Indian‍tribe,‍or‍ foreign‍public‍entity,‍as‍those‍terms‍are‍defined‍in‍2‍C.F.R.‍§‍175.25. b)‍Includes: (1) ‍A‍nonprofit‍organization,‍including‍any‍nonprofit‍institution‍of‍ higher‍education,‍hospital,‍or‍tribal‍organization‍other‍than‍one‍included in‍the‍definition‍of‍Indian‍tribe‍at‍2‍C.F.R.‍§‍175.25(b). (2) ‍A‍for-profit‍organization. 4)‍“Severe‍forms‍of‍trafficking‍in‍persons,”‍“commercial‍sex‍act,”‍and‍“coercion” These‍terms‍have‍the‍meanings‍given‍at‍section‍103‍of‍the‍TVPA,‍as‍amended‍(22‍ U.S.C.‍§‍7102) 6.Whistleblower Protections. You‍are‍hereby‍given‍notice‍that‍the‍48‍C.F.R.‍§‍3.908‍(related‍to‍the‍ enhancement‍of‍contractor‍employee‍whistleblower‍protections),‍implementing‍41‍U.S.C.‍§‍4712,‍as‍ amended‍(entitled‍“Enhancement‍of‍contractor‍protection‍from‍reprisal‍for‍disclosure‍of‍certain‍ information”)‍applies‍to‍this‍award. 7.Reporting of Matters Related to Recipient Integrity and Performance. A. ‍General‍Reporting‍Requirement If‍the‍total‍value‍of‍your‍currently‍active‍grants,‍cooperative‍agreements,‍and‍procurement‍contracts‍ from‍all‍Federal‍awarding‍agencies‍exceeds‍$10,000,000‍for‍any‍period‍of‍time‍during‍the‍period‍of‍ performance‍of‍this‍Federal‍award,‍then‍you‍as‍the‍recipient‍during‍that‍period‍of‍time‍must‍maintain‍ the‍currency‍of‍information‍reported‍to‍the‍System‍for‍Award‍Management‍(SAM)‍that‍is‍made‍ available‍in‍the‍designated‍integrity‍and‍performance‍system‍(currently‍the‍Federal‍Awardee‍ Performance‍and‍Integrity‍Information‍System‍(FAPIIS))‍about‍civil,‍criminal,‍or‍administrative‍ proceedings‍described‍in‍paragraph‍2‍of‍this‍award‍term‍and‍condition.‍This‍is‍a‍statutory‍requirement under‍section‍872‍of‍Public‍Law‍110-417,‍as‍amended‍(41‍U.S.C.‍§‍2313).‍As‍required‍by‍section‍ 3010‍of‍Public‍Law‍111-212,‍all‍information‍posted‍in‍the‍designated‍integrity‍and‍performance‍ system‍on‍or‍after‍April‍15,‍2011,‍except‍past‍performance‍reviews‍required‍for‍Federal‍procurement‍ contracts,‍will‍be‍publicly‍available. B.‍Proceedings‍About‍Which‍You‍Must‍Report Submit‍the‍information‍required‍about‍each‍proceeding‍that: 13Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 250 of 346 1)    ‍Is‍in‍connection‍with‍the‍award‍or‍performance‍of‍a‍grant,‍cooperative‍agreement, or‍procurement‍contract‍from‍the‍Federal‍Government; 2)    ‍Reached‍its‍final‍disposition‍during‍the‍most‍recent‍five-year‍period;‍and 3)    ‍If‍one‍of‍the‍following: a) ‍ ‍A‍criminal‍proceeding‍that‍resulted‍in‍a‍conviction,‍as‍defined‍in‍paragraph 5‍of‍this‍award‍term‍and‍condition; b) ‍ A‍civil‍proceeding‍that‍resulted‍in‍a‍finding‍of‍fault‍and‍liability‍and‍ payment‍of‍a‍monetary‍fine,‍penalty,‍reimbursement,‍restitution,‍or‍damages‍of‍ $5,000‍or‍more; c) ‍ An‍administrative‍proceeding,‍as‍defined‍in‍paragraph‍5‍of‍this‍award‍term‍ and‍condition,‍that‍resulted‍in‍a‍finding‍of‍fault‍and‍liability‍and‍your‍payment‍ of‍either‍a‍monetary‍fine‍or‍penalty‍of‍$5,000‍or‍more‍or‍reimbursement,‍ restitution,‍or‍damages‍in‍excess‍of‍$100,000;‍or d) ‍Any‍other‍criminal,‍civil,‍or‍administrative‍proceeding‍if: (1) ‍It‍could‍have‍led‍to‍an‍outcome‍described‍in‍paragraph‍2.c.(1),‍(2),‍ or‍(3)‍of‍this‍award‍term‍and‍condition; (2) ‍It‍had‍a‍different‍disposition‍arrived‍at‍by‍consent‍or‍compromise‍ with‍an‍acknowledgement‍of‍fault‍on‍your‍part;‍and (3) ‍The‍requirement‍in‍this‍award‍term‍and‍condition‍to‍disclose‍ information‍about‍the‍proceeding‍does‍not‍conflict‍with‍applicable‍laws‍ and‍regulations. C. ‍Reporting‍Procedures Enter‍in‍the‍SAM‍Entity‍Management‍area‍the‍information‍that‍SAM‍requires‍about‍each‍proceeding‍ described‍in‍paragraph‍B‍of‍this‍award‍term‍and‍condition.‍You‍do‍not‍need‍to‍submit‍the‍information a‍second‍time‍under‍assistance‍awards‍that‍you‍received‍if‍you‍already‍provided‍the‍information‍ through‍SAM‍because‍you‍were‍required‍to‍do‍so‍under‍Federal‍procurement‍contracts‍that‍you‍were‍ awarded. D. ‍Reporting‍Frequency During‍any‍period‍of‍time‍when‍you‍are‍subject‍to‍this‍requirement‍in‍paragraph‍A‍of‍this‍award‍term and‍condition,‍you‍must‍report‍proceedings‍information‍through‍SAM‍for‍the‍most‍recent‍five‍year‍ period,‍either‍to‍report‍new‍information‍about‍any‍proceeding(s)‍that‍you‍have‍not‍reported‍ previously‍or‍affirm‍that‍there‍is‍no‍new‍information‍to‍report.‍Recipients‍that‍have‍Federal‍contract,‍ grant,‍and‍cooperative‍agreement‍awards‍with‍a‍cumulative‍total‍value‍greater‍than‍$10,000,000‍must‍ disclose‍semiannually‍any‍information‍about‍the‍criminal,‍civil,‍and‍administrative‍proceedings. E. ‍Definitions For‍purposes‍of‍this‍award‍term‍and‍condition: 14Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 251 of 346 1)    ‍Administrative‍proceeding‍means‍a‍non-judicial‍process‍that‍is‍adjudicatory‍in‍ nature‍in‍order‍to‍make‍a‍determination‍of‍fault‍or‍liability‍(e.g.,‍Securities‍and‍ Exchange‍Commission‍Administrative‍proceedings,‍Civilian‍Board‍of‍Contract‍ Appeals‍proceedings,‍and‍Armed‍Services‍Board‍of‍Contract‍Appeals‍proceedings).‍ This‍includes‍proceedings‍at‍the‍Federal‍and‍State‍level‍but‍only‍in‍connection‍with‍ performance‍of‍a‍Federal‍contract‍or‍grant.‍It‍does‍not‍include‍audits,‍site‍visits,‍ corrective‍plans,‍or‍inspection‍of‍deliverables. 2)    ‍Conviction,‍for‍purposes‍of‍this‍award‍term‍and‍condition,‍means‍a‍judgment‍or‍ conviction‍of‍a‍criminal‍offense‍by‍any‍court‍of‍competent‍jurisdiction,‍whether‍ entered‍upon‍a‍verdict‍or‍a‍plea,‍and‍includes‍a‍conviction‍entered‍upon‍a‍plea‍of‍nolo‍ contendere. 3)    ‍Total‍value‍of‍currently‍active‍grants,‍cooperative‍agreements,‍and‍procurement‍ contracts‍includes— a) ‍Only‍the‍Federal‍share‍of‍the‍funding‍under‍any‍Federal‍award‍with‍a‍ recipient‍cost‍share‍or‍match;‍and b) ‍The‍value‍of‍all‍expected‍funding‍increments‍under‍a‍Federal‍award‍and‍ options,‍even‍if‍not‍yet‍exercised. F. ‍Disclosure‍Requirements. Consistent‍with‍45‍C.F.R.‍§‍75.113,‍applicants‍and‍recipients‍must‍disclose,‍in‍a‍timely‍manner,‍in‍ writing‍to‍the‍HHS‍Awarding‍Agency,‍with‍a‍copy‍to‍the‍HHS‍Office‍of‍the‍Inspector‍General,‍all‍ information‍related‍to‍violations‍of‍Federal‍criminal‍law‍involving‍fraud,‍bribery,‍or‍gratuity‍ violations‍potentially‍affecting‍the‍Federal‍award.‍Subrecipients‍must‍disclose,‍in‍a‍timely‍manner,‍in‍ writing‍to‍the‍prime‍recipient‍(pass‍through‍entity)‍and‍the‍HHS‍Office‍of‍the‍Inspector‍General‍all‍ information‍related‍to‍violations‍of‍Federal‍criminal‍law‍involving‍fraud,‍bribery,‍or‍gratuity‍ violations‍potentially‍affecting‍the‍Federal‍award.‍Disclosures‍must‍be‍sent‍in‍writing‍to‍the‍awarding agency‍and‍to‍the‍HHS‍OIG‍at‍the‍following‍addresses: HHS OASH Grants and Acquisitions Management 1101 Wootton Parkway, Plaza Level Rockville, MD 20852 AND US Department of Health and Human Services Office of Inspector General ATTN: OIG HOTLINE OPERATIONS—MANDATORY GRANT DISCLOSURES PO Box 23489 Washington, DC 20026 URL:‍http://oig.hhs.gov/fraud/report-fraud/index.asp (Include‍“Mandatory‍Grant‍Disclosures”‍in‍subject‍line) Fax: 1-800-223-8164‍(Include‍“Mandatory‍Grant‍Disclosures”‍in‍subject‍line) Failure‍to‍make‍required‍disclosures‍can‍result‍in‍any‍of‍the‍remedies‍described‍in‍45‍C.F.R.‍§ 75.371 (“Remedies‍for‍noncompliance”),‍including‍suspension‍or‍debarment‍(See‍also‍2‍C.F.R.‍Parts‍180‍&‍ 376‍and‍31‍U.S.C.‍§‍3321). 15Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 252 of 346 The‍recipient‍must‍include‍this‍mandatory‍disclosure‍requirement‍in‍all‍subawards‍and‍ contracts under‍this‍award. 8.Intellectual Property. A. ‍ ‍ Data. The‍federal‍government‍has‍the‍right‍to: 1)‍Obtain,‍reproduce,‍publish,‍or‍otherwise‍use‍ the‍data‍produced‍under‍this‍award;‍and ‍2) ‍Authorize‍others‍to‍receive,‍reproduce,‍publish,‍or‍ otherwise‍use‍such‍data‍for‍federal‍purposes. B. ‍ ‍ Copyright.  The‍awardee‍may‍copyright‍any‍work‍that‍is‍subject‍to‍copyright‍and‍was‍ developed,‍or‍for‍which‍ownership‍was‍acquired,‍under‍a‍federal‍award.‍The‍federal‍government‍ reserves‍a‍royalty-free,‍nonexclusive‍and‍irrevocable‍right‍to‍reproduce,‍publish,‍or‍otherwise‍use‍the‍ work‍for‍Federal‍purposes,‍and‍to‍authorize‍others‍to‍do‍so. C. ‍ ‍ Patents‍and‍Inventions.  The‍awardee‍is‍subject‍to‍applicable‍regulations‍governing‍patents‍and‍ inventions,‍including‍government-‍wide‍regulations‍issued‍by‍the‍Department‍of‍Commerce‍at‍37‍ CFR‍part‍401. 9.Acknowledgement of Federal Grant Support. When‍issuing‍statements,‍press‍releases,‍ publications,‍requests‍for‍proposal,‍bid‍solicitations‍and‍other‍documents‍--such‍as‍tool-kits,‍resource‍ guides,‍websites,‍and‍presentations‍(hereafter‍“statements”)--describing‍the‍projects‍or‍programs‍ funded‍in‍whole‍or‍in‍part‍with‍U.S.‍Department‍of‍Health‍and‍Human‍Services‍(HHS)‍federal‍funds,‍ the‍recipient‍must‍clearly‍state:  ‍ ‍ ‍ ‍1)    ‍the‍percentage‍and‍dollar‍amount‍of‍the‍total‍costs‍of‍the‍program‍or‍project‍funded‍with‍ federal‍money;‍and,  ‍ ‍ ‍ ‍2)    ‍the‍percentage‍and‍dollar‍amount‍of‍the‍total‍costs‍of‍the‍project‍or‍program‍funded‍by‍non- governmental‍sources. When‍issuing‍statements‍resulting‍from‍activities‍supported‍by‍HHS‍financial‍assistance,‍the‍recipient entity‍must‍include‍an‍acknowledgement‍of‍federal‍assistance‍using‍one‍of‍the‍following‍or‍a‍similar‍ statement. If‍the‍HHS‍Grant‍or‍Cooperative‍Agreement‍is‍NOT‍funded‍with‍other‍non-governmental‍sources: This‍[project/publication/program/website,‍etc.]‍[is/was]‍supported‍by‍the‍[full‍ name‍of‍the‍PROGRAM‍OFFICE]‍of‍the‍U.S.‍Department‍of‍Health‍and‍ Human‍Services‍(HHS)‍as‍part‍of‍a‍financial‍assistance‍award‍totaling‍$XX‍ with‍100‍percent‍funded‍by‍[PROGRAM‍OFFICE]/OASH/HHS.‍The‍contents‍ are‍those‍of‍the‍author(s)‍and‍do‍not‍necessarily‍represent‍the‍official‍views‍of,‍ nor‍an‍endorsement,‍by‍[PROGRAM‍OFFICE]/OASH/HHS,‍or‍the‍U.S.‍ Government.‍For‍more‍information,‍please‍visit‍[PROGRAM‍OFFICE‍website, if‍available]. The‍HHS‍Grant‍or‍Cooperative‍Agreement‍IS‍partially‍funded‍with‍other‍nongovernmental‍sources: 16Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 253 of 346 This‍[project/publication/program/website,‍etc.]‍[is/was]‍supported‍by‍the‍[full‍ name‍of‍the‍PROGRAM‍OFFICE]‍of‍the‍U.S.‍Department‍of‍Health‍and‍ Human‍Services‍(HHS)‍as‍part‍of‍a‍financial‍assistance‍award‍totaling‍$XX‍ with‍XX‍percentage‍funded‍by‍[PROGRAM‍OFFICE]/OASH/HHS‍and‍$XX‍ amount‍and‍XX‍percentage‍funded‍by‍non-government‍source(s).‍The‍contents‍ are‍those‍of‍the‍author‍(s)‍and‍do‍not‍necessarily‍represent‍the‍official‍views‍of,‍ nor‍an‍endorsement,‍by‍[PROGRAM‍OFFICE]/OASH/HHS,‍or‍the‍U.S.‍ Government.‍For‍more‍information,‍please‍visit‍[PROGRAM‍OFFICE‍website, if‍available]. The‍federal‍award‍total‍must‍reflect‍total‍costs‍(direct‍and‍indirect)‍for‍all‍authorized‍funds‍(including supplements‍and‍carryover)‍for‍the‍total‍competitive‍segment‍up‍to‍the‍time‍of‍the‍public‍statement. Any amendments by the recipient to the acknowledgement statement must be coordinated with the OASH federal project officer and the OASH grants management officer.  If‍the‍recipient‍plans‍to‍issue‍a‍press‍release‍concerning‍the‍outcome‍of‍activities‍supported‍by‍this‍ financial‍assistance,‍it‍should‍notify‍the‍the‍OASH‍federal‍project‍officer‍and‍the‍OASH‍grants‍ management‍officer in‍advance‍to‍allow‍for‍coordination. 10.Prohibition on certain telecommunications and video surveillance services or equipment. A.‍As‍described‍in‍CFR‍200.216,‍recipients‍and‍subrecipients‍are‍prohibited‍to‍obligate‍or‍spend‍ grant‍funds‍(to‍include‍direct‍and‍indirect‍expenditures‍as‍well‍as‍cost‍share‍and‍program)‍to: 17Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 254 of 346 1)‍Procure‍or‍obtain,  2)‍Extend‍or‍renew‍a‍contract‍to‍procure‍or‍obtain;‍or  3)‍Enter‍into‍contract‍(or‍extend‍or‍renew‍contract)‍to‍procure‍or‍obtain‍equipment,‍ services,‍or‍systems‍that‍use‍covered‍telecommunications‍equipment‍or‍services‍as‍a‍ substantial‍or‍essential‍component‍of‍any‍system,‍or‍as‍critical‍technology‍as‍part‍of‍ any‍system.‍As‍described‍in‍Pub.‍L.‍115-232,‍section‍889,‍covered‍telecommunications equipment‍is‍telecommunications‍equipment‍produced‍by‍Huawei‍Technologies‍ Company‍or‍ZTE‍Corporation‍(or‍any‍subsidiary‍or‍affiliate‍of‍such‍entities).  a)‍For‍the‍purpose‍of‍public‍safety,‍security‍of‍government‍facilities,‍physical‍ security‍surveillance‍of‍critical‍infrastructure,‍and‍other‍national‍security‍ purposes,‍video‍surveillance‍and‍telecommunications‍equipment‍produced‍by‍ Hytera‍Communications‍Corporation,‍Hangzhou‍Hikvision‍Digital‍Technology‍ Company,‍or‍Dahua‍Technology‍Company‍(or‍any‍subsidiary‍or‍affiliate‍of‍ such‍entities). b)‍Telecommunications‍or‍video‍surveillance‍services‍provided‍by‍such‍entities‍ or‍using‍such‍equipment. c)‍Telecommunications‍or‍video‍surveillance‍equipment‍or‍services‍produced‍or provided‍by‍an‍entity‍that‍the‍Secretary‍of‍Defense,‍in‍consultation‍with‍the‍ Director‍of‍the‍National‍Intelligence‍or‍the‍Director‍of‍the‍Federal‍Bureau‍of‍ Investigation,‍reasonably‍believes‍to‍be‍an‍entity‍owned‍or‍controlled‍by,‍or‍ otherwise,‍connected‍to‍the‍government‍of‍a‍covered‍foreign‍country.   REPORTING REQUIREMENTS 1.Financial Reporting Requirement—Federal Financial Report (FFR) SF 425.  Effective‍October‍ 1,‍2020,‍you‍must‍submit‍your‍SF-425‍to‍OASH‍using‍the‍Department‍of‍Health‍and‍Human‍Services (HHS)‍Payment‍Management‍System‍for‍any‍OASH‍awards‍with‍a‍project‍period‍ending‍October‍1,‍ 2020‍or‍later. ‍Failure‍to‍submit‍the‍FFR‍in‍the‍correct‍system‍by‍the‍due‍date‍may‍delay‍processing‍ of‍any‍pending‍requests‍or‍applications. OASH‍and‍the‍Program‍Support‍Center‍are‍collaborating‍in‍the‍submission‍of‍the‍SF-425‍to‍reduce‍ the‍burden‍on‍grantees‍and‍assist‍with‍the‍reconciliation‍of‍expenditures‍and‍disbursements,‍and‍to‍ allow‍for‍timely‍closeout‍of‍grants. ‍Your‍submission‍must‍be‍through‍the‍HHS‍Payment‍ Management‍System. ‍SF-425‍submissions‍through‍Grant‍Solutions‍will‍no‍longer‍be‍accepted‍for‍ OASH‍awards. You‍must‍use‍the‍SF-425‍Federal‍Financial‍Report‍(FFR)‍for‍expenditure‍reporting. ‍To‍assist‍in‍your preparation‍for‍submission‍you‍may‍find‍the‍SF-425‍and‍instructions‍for‍completing‍the‍form‍on‍the‍ Web‍at:‍http://apply07.grants.gov/apply/forms/sample/SF425-V1.0.pdf. ‍You‍must‍complete‍all sections‍of‍the‍FFR. A.  Quarterly FFR Due Date. Your‍FFR‍is‍due‍30‍days‍after‍the‍end‍of‍each‍Quarter‍in‍the‍federal‍fiscal‍year. ‍That‍is‍for‍the: 18Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 255 of 346 Quarter ending September 30, your FFR is due October 30 Quarter ending December 31, your FFR is due January 30 Quarter ending March 30, your FFR is due April 30 Quarter ending June 30, your FFR is due July 30.  B. Final FFR Due Date. Your‍final‍FFR‍covering‍the‍entire‍project‍is‍due‍90‍days‍after‍the‍end‍date‍for‍your‍project‍period.  C.  Past due reports. If‍you‍have‍not‍submitted‍by‍the‍due‍date,‍you‍will‍receive‍a‍message‍indicating‍the‍report‍is‍Past Due.‍Please‍ensure‍your‍Payment‍Management‍System‍account‍and‍contact‍information‍are‍up‍to‍date so‍you‍receive‍notifications. D.  Electronic Submission. Electronic‍Submissions‍are‍accepted‍only‍via‍the‍HHS‍Payment‍Management‍System‍–‍No‍other‍ submission‍methods‍will‍be‍accepted‍without‍prior‍written‍approval‍from‍the‍GMO.‍You‍must‍be‍ assigned‍to‍the‍grant‍with‍authorized‍access‍to‍the‍FFR‍reporting‍Module‍when‍submitting.‍If‍you‍ encounter‍any‍difficulties,‍contact‍the‍HHS‍Payment‍Management‍System‍Help‍Desk‍or‍your‍ assigned‍Grants‍Management‍Specialist.‍Please‍reference‍the‍CONTACTS‍section‍of‍NoA‍Terms‍and Conditions‍to‍locate‍the‍name‍of‍your‍assigned‍Grants‍Management‍Specialist. 2.Quarterly Progress Report Requirements. You‍must‍submit‍quarterly‍progress‍reports‍30‍days‍ after‍the‍end‍of‍each‍quarter‍of‍the‍performance‍period‍unless‍otherwise‍required‍under‍the‍Special‍ Terms‍and‍Requirements‍for‍this‍award. ‍Your‍progress‍reports‍must‍address‍content‍required‍by‍45‍ CFR‍§ 75.342(b)(2).‍Additonal progess reporting may be required under Special Terms and Requirements or Special Conditions as required by statute, regulation, or specific circumstances warranting additional monitoring. ‍Additional‍guidance‍may‍be‍provided‍by‍the‍ Program‍Office.‍Reports‍must‍be‍submitted‍electronically‍via‍upload‍to‍Grant‍Notes‍in‍ GrantSolutions. 3.Audit Requirements. The‍Single‍Audit‍Act‍Amendments‍of‍1996‍(31‍U.S.C.‍§§‍7501-7507)‍ combined‍the‍audit‍requirements‍for‍all‍entities‍under‍one‍Act.‍An‍audit‍is‍required‍for‍all‍non- Federal‍entities‍expending‍Federal‍awards,‍and‍must‍be‍consistent‍with‍the‍standards‍set‍out‍at‍45‍ CFR‍Part‍75,‍Subpart‍F‍(“Audit‍Requirements”).‍The‍audits‍are‍due‍within‍30‍days‍of‍receipt‍from‍ the‍auditor‍or‍within‍9‍months‍of‍the‍end‍of‍the‍fiscal‍year,‍whichever‍occurs‍first.‍The‍audit‍report‍ when‍completed‍should‍be‍submitted‍online‍to‍the‍Federal‍Audit‍Clearinghouse‍at‍ https://harvester.census.gov/facides/Account/Login.aspx. CONTACTS 1.Fraud, Waste, and Abuse. The‍HHS‍Inspector‍General‍accepts‍tips‍and‍complaints‍from‍all‍sources‍ about‍potential‍fraud,‍waste,‍abuse,‍and‍mismanagement‍in‍Department‍of‍Health‍and‍Human‍ Services'‍programs.‍Your‍information‍will‍be‍reviewed‍promptly‍by‍a‍professional‍staff‍member.‍Due to‍the‍high‍volume‍of‍information‍that‍they‍receive,‍they‍are‍unable‍to‍reply‍to‍submissions.‍You‍may reach‍the‍OIG‍through‍various‍channels. 19Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 256 of 346 Internet:‍https://forms.oig.hhs.gov/hotlineoperations/index.aspx Phone:‍1-800-HHS-TIPS‍(1-800-447-8477) Mail: US Department of Health and Human Services Office of Inspector General ATTN: OIG HOTLINE OPERATIONS PO Box 23489 Washington, DC 20026 For‍additional‍information‍visit‍https://oig.hhs.gov/fraud/report-fraud/index.asp 2.Payment Procedures. Payments‍for‍grants‍awarded‍by‍OASH‍Program‍Offices‍are‍made‍through‍ Payment‍Management‍Services‍(previously‍known‍as‍the‍Division‍of‍Payment‍Management)‍ https://pms.psc.gov/home.html ‍PMS‍is‍administered‍by‍the‍Program‍Support‍Center‍(PSC),‍HHS.‍ NOTE:‍Please‍contact‍the‍Payment‍Management‍Services‍to‍establish‍an‍account‍if‍you‍do‍not‍have‍ one. Inquiries‍regarding‍payments‍should‍be‍directed‍to‍https://pms.psc.gov/home.html;‍or Payment‍Management‍Services, P.O.‍Box‍6021,‍Rockville,‍MD‍20852; or‍1-877-614-5533. 3.Use of Grant Solutions. GrantSolutions‍is‍our‍web-based‍system‍that‍will‍be‍used‍to‍manage‍your‍ grant‍throughout‍its‍life‍cycle.‍Please‍contact‍GrantSolutions‍User‍Support‍to‍establish‍an‍account‍if‍ you‍do‍not‍have‍one.‍Your‍Grants‍Management‍Specialist‍has‍the‍ability‍to‍create‍a‍GrantSolutions‍ account‍for‍the‍Grantee‍Authorized‍Official‍and‍Principle‍Investigator/Program‍Director‍roles.‍ Financial‍Officer‍accounts‍may‍only‍be‍established‍by‍GrantSolutions‍staff.‍All‍account‍requests‍must be‍signed‍by‍the‍prospective‍user‍and‍their‍supervisor‍or‍other‍authorized‍organization‍official. For‍assistance‍on‍GrantSolutions‍issues‍please‍contact:‍GrantSolutions‍User‍Support‍at‍202-401-5282 or‍866-577-0771,‍email‍help@grantsolutions.gov,‍Monday‍–‍Friday,‍8‍a.m.‍–‍6‍p.m.‍ET.‍Frequently‍ Asked‍Questions‍and‍answers‍are‍available‍at‍https://grantsolutions.secure.force.com/. 4.Grants Administration Assistance. For‍assistance‍on‍grants administration issues‍please‍contact:‍ Robin‍Fuller,‍Grants‍Management‍Specialist,‍at‍(240)‍453-8830,‍or‍e-mail‍robin.fuller@hhs.gov‍or‍ mail: OASH Grants and Acquisitions Management Division Department of Health and Human Services Office of the Secretary Office of the Assistant Secretary for Health 1101 Wootton Parkway, Rockville, MD 20852. 20Page Notice of Award Award# FAIN# Federal Award Date:06/18/2021 1 CPIMP211287-01-00 CPIMP211287 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 2021/08/24 City Council Post Agenda Page 257 of 346 RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (A) AUTHORIZING THE ACCEPTANCE OF A $4,000,000 “ADVANCING HEALTH LITERACY (AHL) TO ENHANCE EQUITABLE COMMUNITY RESPONSES TO COVID-19” GRANT FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; (B) AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AGREEMENTS WITH UNIVERSITY OF CALIFORNIA AT SAN DIEGO AND SAN DIEGO STATE UNIVERSITY TO IMPLEMENT THE “SAN DIEGO ADVANCING MINORITY HEALTH LITERACY PROGRAM (SD-AMHLP)”; (C) AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH PARTICIPATING JURISDICTIONS AND PARTNERS; AND (D) APPROPRIATING FUNDS FOR THESE PURPOSES WHEREAS, in 2021, the U.S. Department of Health and Human Services (“HHS”) Office of Minority Health (“OMH”) enacted the “Advancing Health Literacy (“AHL”) to Enhance Equitable Community Responses to COVID-19” as part of the Coronavirus Response and Relief Supplemental Appropriations Act 2021 (P.L. 116-260); and WHEREAS, AHL funds are providing $250 million in grant awards to 73 local governments as part of a new, two-year initiative to identify and implement best practices for improving health literacy to enhance COVID-19 vaccination and other mitigation practices among underserved populations; and WHEREAS, on March 17, 2021, the OMH released a Notice of Funding Availability (NOFA) to solicit proposals for AHL funds from eligible jurisdictions, with an April 20, 2021 deadline; and WHEREAS, the City, as the lead applicant, with its collaborative partners, University of California at San Diego (“UCSD”) and San Diego State University (“SDSU”) applied for AHL funds; and, WHEREAS, on June 25, 2021, OMH notified the City of its award of $4,000,000 in AHL funds for a two-year grant period to implement the “San Diego Advancing Minority Health Literacy Program (SD-AMHLP)”; and WHEREAS, SD-AMHLP will address disparities in COVID-19 health outcomes as experienced by racial and ethnic minority residents within urban communities throughout San Diego County; and WHEREAS, in order to implement the SD-AMHLP, the City must enter into a 2-Party Agreement with its collaborative partners UCSD and SDSU; and 2021/08/24 City Council Post Agenda Page 258 of 346 Resolution No. 2021- Page 2 WHEREAS, a Memorandum of Understanding with all participating jurisdictions and partners (including the Cities of El Cajon, Escondido, La Mesa, Imperial Beach, National City, San Diego, Vista and the County of San Diego) also is required to implement and administer the program and shall be updated to include additional partners as necessary for grant implementation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts a $4,000,000 AHL grant for a two-year grant period to implement the SD-AMHLP; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes and directs the City Manager or designee to serve as the “Authorized Officer” and execute documents necessary to obtain the grant; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager to negotiate and finalize the agreements (and attendant grant fund payments/distributions as set forth in the agreement) between the City, UCSD and SDSU, to implement the SD-SMHLP, a copy of which shall be kept on file in the Office of the City Clerk when completed, and authorizes and directs the City Manager or designee to execute same; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, authorizes the City Manager to finalize the memorandum of understanding between participating jurisdictions and partners, to implement the SD-SMHLP, a copy of which shall be kept on file in the Office of the City Clerk when completed, and authorizes and directs the City Manager or designee to execute same; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates funds, specifically $154,486 for the City of Chula Vista, $3,530,778 towards an agreement with UCSD and $314,736 towards an agreement with SDSU for the AHL grant award over the two year period. Presented by Approved as to form by Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 259 of 346 The San Diego Advancing Minority Health Literacy Program (SD-AMHLP) August 24, 2021 Stacey Kurz, Acting Housing Manager/Healthy & Age-Friendly Chula Vista Coordinator Blanca Meléndrez MA, Executive Director, UC San Diego Center for Community & Population Health 12021/08/24 City Council Post Agenda Page 260 of 346 Racial Equity Grants ($10 million) In partnership with the City of Chula Vista, the San County Childhood Obesity Initiative and Supervisor Vargas ❖Adverse Childhood Experiences, Governor's Office (3 million) ❖Food Insecurity Nutrition Incentive Program (3 million) ❖San Diego Advancing Minority Health Literacy Program. HHS OMH (4 million) 2021/08/24 City Council Post Agenda Page 261 of 346 2021/08/24 City Council Post Agenda Page 262 of 346 2021/08/24 City Council Post Agenda Page 263 of 346 ADVANCING HEALTH LITERACY TO ENHANCE EQUITABLE COMMUNITY RESPONSES TO COVID-19 Funded by US Department of Health and Human Services Office of Minority Health OVERVIEW Plan, implement and evaluate evidence-based health literacy strategies that are culturally appropriate to enhance COVID-19 testing, contact tracing and/or other mitigation measures in racial and ethnic minority populations and other socially vulnerable populations. 2021/08/24 City Council Post Agenda Page 264 of 346 Primary Outcomes •Increased use of culturally and linguistically appropriate, evidence-based health literacy practices and interventions within the County of San Diego. •Reduced disparities in access, use and outcomes of COVID-19 vaccination, testing, and related activities (e.g., contact tracing, preventive behaviors) among County of San Diego’s racial and ethnic minority communities. 6 2021/08/24 City Council Post Agenda Page 265 of 346 Project Stakeholders In partnership with Supervisor Vargas and the City of Chula Vista Key partner cities ●Chula Vista ●El Cajon ●Escondido ●Imperial Beach ●La Mesa ●National City Community partners: ●San Diego State University School of Public Health ●San Diego County Childhood Obesity Initiative ●San Diego Refugee Communities Coalition ●UC San Diego Health ●StreetWyze ●Community resident leaders 2021/08/24 City Council Post Agenda Page 266 of 346 Proposed Approach Consortium of Urban Cities within San Diego County who will work with UCSD-CCH and community stakeholders to achieve the following grant deliverables: 1.Develop a health disparities impact statement and report –Year 1 1.Use the health disparities impact statement and report to inform a health literacy plan that will increase the availability, acceptability and use of COVID-19 public health information and services by racial and ethnic minority populations –Year 1 1.Use the plan to inform the selection and implementation of one or more projects that will leverage, sustain and advance community-based health literacy initiatives with target cities (see next slide for a suggested project focus based upon initial needs data and discussions with CBOs) –Year 2 1.Conduct ongoing quality improvement and evaluation of grant funded activities and projects –Year 2 2021/08/24 City Council Post Agenda Page 267 of 346 Opportunity Statement The Health Equity Plan and resulting grant Health Equity Projects within target cities could: •Further develop this workforce to create a better and more efficient approach to current and future public health crises. •Build the skills of community health workers in digital literacy, medical translation, and use of innovative technology to engage and educate community members. •Deploy these individuals who are serving on the front lines of this pandemic to address health disparities and system capacity gaps that pre- dated COVID-19. •Provide opportunities for this bilingual culturally competent peer-based workforce to advance into well-paying influential positions in patient care, social care navigation, and evaluation; in doing so improve the quality of services for minority populations. •Explore equitable contracting mechanisms and policies in which ECBOs provide contracted services to health systems who struggle to reach and serve minority communities. Photo by Matthew Henry from Burst2021/08/24 City Council Post Agenda Page 268 of 346 Adopt Resolution: •Accept $4M in “Advancing Health Literacy” funds; •Authorizing City Manager to execute agreements and MOU; and •Appropriate funds. CONCLUSION CONTACTS City: Stacey Kurz, skurz@chulavistaca.gov UC San Diego (ucsdcommunityhealth.org): Blanca Melendrez, bmelendrez@ucsd.edu Amina Sheik-Mohamed, asheikmohamed@ucsd.edu 2021/08/24 City Council Post Agenda Page 269 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE Affordable Housing Financial Assistance: Consideration of Conditional Approval of a Residual Receipt Loan for the Development of a 200-unit Affordable Housing Development, Columba Apartments, in Otay Ranch Millenia Report Number: 21-0136 Location: Northwest Corner of Solstice Avenue and Optima Street Chula Vista, California 91915 (Assessor Parcel Number 643-060-61-00) Department: Development Services Department Environmental Notice: The Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) - SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Due to the request for the City HOME Investment Partnership Act Entitlement funds from the U.S. Department of Housing and Urban Development, the City’s loan will be conditioned upon the completion of all required review under the National Environmental Protection Act. Recommended Action Adopt a resolution conditionally approving financial assistance from the City’s Investment Partnership Act (HOME) Program in an amount not to exceed $2,000,000, and up to $1,000,000 from the Successor Housing Agency’s Low- and Moderate-Income Housing Fund to Chelsea Investment Corporation or an affiliated developer (Millenia II CIC, LP) for a new 200-unit affordable housing development known as Columba Apartments to be located in the Otay Ranch Millenia master planned community. SUMMARY On January 9, 2021, through Resolution Nos. 2021-012 and 2021-001, respectively, the City Council and the Chula Vista Housing Authority (“CVHA”) (in its capacity as the Successor Housing Agency) approved a request from Chelsea Investment Corporation (the “Project Sponsor” or “Developer”) for the CVHA to be the conduit bond issuer for tax-exempt private activity bonds (“tax-exempt bonds”) in an aggregate amount not to exceed $60 million for new construction and operation of an affordable 200-unit residential complex located within the Otay Ranch Millenia community called Columba Apartments (the “Project”)- (Attachment 1). 2021/08/24 City Council Post Agenda Page 270 of 346 P a g e | 2 Since such time, the Developer’s application to the California Debt Limit Allocation Committee (CDLAC) and California Tax Credit Allocation Committee (CTCAC) has been approved. However, due to increases in material costs and market conditions, the Project Sponsor is requesting a loan of up to $3,000,000 for land acquisition, pre-development, and construction related costs in order to complete the Project. Based on available fund balances, City Staff recommends conditionally approving the use of its available Low-and- Moderate Income Housing funds (LMIHF) and the City’s federal HOME Investment Partnership Act (HOME) funds for the Project. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Therefore, no further CEQA review or documentation is necessary. The City’s federal HOME funds will also be a source of financial assistance. Therefore, as required by the federal entitlement funds, the project must also be reviewed under the National Environmental Protection Act (“NEPA”). Funding of the loan will be conditioned upon the completion of all required review under NEPA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On April 11, 2021, the Housing Advisory Commission voted (4-0) to recommend the approval of City housing funds to assist in the Project financing. DISCUSSION In July of 2021, the Developer met with City staff to discuss the need for additional funding to address a financing gap of approximately $3 million caused by increases in construction and related costs since the City Council and CVHA actions on January 19, 2021. City staff reviewed the Project Sponsor’s updated Project Financial Summary (Attachment 2). City staff concluded that sufficient LMIHF and HOME funds are available for this purpose due to a recent loan repayment from CIC Rancho Buena Vista, an affiliate of the Project Sponsor and available fund balance. The use of LMIHF is consistent with the statutory requirements of this funding source to provide a minimum of 30 percent of expenditures for extremely low-income persons served by the Project, as is being proposed by the Project Sponsor [CA H&S Section 34176.1(a)(3)(B)]. Use of Federal HOME funds would also assist the City in meeting its HUD commitment and expenditure requirements. Hence, the Developer’s request for the use of the CVHA’s LMIHF and HOME funds for the Project is appropriate. The City/CVHA total contribution to the Project would not exceed $3 million. The funds would support the development and construction of a 200-unit affordable housing project serving low-income households, particularly 11-HOME assisted units for very-low or low-income households and 10-LMIHF assisted units at the extremely-low income levels (Attachment 3). 2021/08/24 City Council Post Agenda Page 271 of 346 P a g e | 3 Conditional Approval Once the Project has obtained all necessary financing needed to complete the Project and review of the final project proforma, City staff will return to City Council and CVHA in early October to authorize the City Manager or designee to execute the necessary loan agreements and associated documents, with terms reviewed by the City Attorney’s office and satisfactory to the City and CVHA. Assistance will be in the form of a loan in an amount not to exceed $3,000,000 using the CVHA LMIHF and the City’s HOME funds. All repayment terms will be secured by a note and deed of trust recorded against the property at loan closing. The principal and interest on the loan would be amortized over fifty-five years and repaid from cash surplus in annual installments. The required income and rent restrictions would be incorporated into the various deed restrictions for the property and maintained for the full 55-year compliance period. Such restrictions would bind all subsequent owners so that the commitment remains in force regardless of ownership. Compliance with these restrictions would be subject annually to regulatory audit and annual tax credit certification. Article XXXIV Article XXXIV of the California Constitution (Article 34) requires that voter approval be obtained before any “state public body” develops, constructs or acquires a “low rent housing project.” The City obtained voter approval on April 11, 1978 and subsequently on November 6, 2006 with the passage of Proposition C, which authorized the development, construction, and acquisition of housing for persons of low-income. With 200 total units in the proposed Project, there remains a balance of 658 units under the City’s current authority to facilitate these activities. Conclusion The Project offers opportunities to provide quality affordable housing to Chula Vista’s working families consistent with City’s 2020-2024 Department of Housing and Urban Development (HUD) approved Consolidated Plan and 2021-2019 Housing Element goals. The Project’s location is within walking distance to neighborhood services, employment centers, and transportation links. The requested financial assistance, in an amount not-to-exceed $3,000,000, provides significant leveraging of the City’s resources and is necessary to obtain primary financing for the Project. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council/Housing Authority members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council/Housing Authority member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. 2021/08/24 City Council Post Agenda Page 272 of 346 P a g e | 4 CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact to the City’s General Fund as Project costs and staff costs are covered by the available Housing fund balance. The proposed funds (Low- and-Moderate -Income Housing Funds and HOME Investment Partnership Act funds) are restricted solely for the creation or improvement of affordable housing opportunities for low income households earning less than 80% of the Area Median Income. Should the financing proceed, total financial support for the project will be in the form of a loan in the not- to-exceed amount of $3,000,000, as summarized in the table below. The principal and interest on the loan would be amortized over fifty-five years and repaid in annual installments. Final loan terms will be approved by future action of the City Council. Low- and Moderate-Income Housing Fund (319536) $1,000,000 Home Investment Partnership Act Fund (272554) $2,000,000 Total Housing Funds $3,000,000 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City’s General Fund as a result of this action. The proposed funds (Low- and-Moderate -Income Housing Funds and HOME Investment Partnership Act funds) are restricted solely for the creation or improvement of affordable housing opportunities for low income households earning less than 80% of the Area Median Income. Should the financing proceed, total financial support for the project will be in the form of a loan in the not - to-exceed amount of $3,000,000, as summarized in the table above. The principal and interest on the loan would be amortized over fifty-five years and repaid in annual installments. Final loan terms will be approved by future action of the City Council. ATTACHMENT 1. Locator Map 2. Project Financial Summary 3. Estimated Rent and Income Limits Staff Contact: Tiffany Allen, Director of Development Services Jose Dorado, Senior Management Analyst 2021/08/24 City Council Post Agenda Page 273 of 346 Attachment 1 2021/08/24 City Council Post Agenda Page 274 of 346 $17,500/unit 3,500,000$ Basis Eligible Acquisition Cost $55,000/unit 11,000,000 14,500,000 $6,191/unit 1,238,230 $15,106/unit 3,021,113 Parking - inc vertical Structured $0/acre 0 Vertical construction #DIV/0!#DIV/0!40,410,126 GC Contingecy 6.0%$13,401/unit 2,680,168 $33,145/unit 6,628,949 $269,893/unit 53,978,586 5.9%$13,495/unit 2,698,929 $354.41/gsf 56,677,516 1.68% of GC $4,773/unit 954,600 $39,908/unit 7,981,652 $1,313/unit 262,500 $3,950/unit 789,977 $70,101/unit 14,020,267 $48,990/unit 9,798,055 $3,142/unit 628,389 $3,267/unit 653,400 35,088,839 106,266,355 Cash Developer Fee 2,519,304 Federal LIHTC Equity 41%43,730,507 State LIHTC Equity 4%3,959,597 3%3,500,000 33%34,950,000 2%2,200,000 4%3,778,751 9%9,500,000 2%2,000,000 2%1,800,000 1%847,500 100%106,266,355 Overhead, Profit, General Conditions C bond Donate for Leverage $72,500/unit Acquisition Land Cost Subtotal Acquisition Sources $531,332/unitTotal Development Costs Deferred Developer Fee Developer's Equity Contribution (dev fee) Permanent Loan (Tranche A) Design Assist on/off site Hard Costs Development Costs SOURCES AND USES SUMMARY June 2nd Financial Request Legal Fees Reserves Development Impact and Permit Fees Developer Fee Seller Note City of Chula Vista RDA Funds = 21 units at 30% AMI Accrued interest on residual receipts loans City of Chula Vista HOME Funds - 11 assisted units Total Development Sources GC Contract Amount Owner Hard Costs Contingency Subtotal Hard Costs Remaining Development Soft costs $283,388/unit $175,444/unit A&E Financing Fees and Interest Owner Soft Costs Contingency Subtotal Soft Costs $17,500/unit 3,500,000$ Basis Eligible Acquisition Cost 9.01%$55,000/unit 11,000,000 14,500,000 $6,200/unit 1,240,092 $14,602/unit 2,920,483 $0/acre 0 0 stalls #DIV/0!2,902,489 #DIV/0!$166,338/unit 33,267,595 2.6%$5,041/unit 1,008,266 $28,937/unit 5,787,450 6.0%$11,782/unit 2,356,319 $309.42/gsf 49,482,694 1.79% of GC $4,420/unit 884,050 $37,092/unit 7,418,467 $1,313/unit 262,500 $3,911/unit 782,215 $70,101/unit 14,020,267 $55,798/unit 11,159,635 $3,695/unit 738,940 $3,205/unit 640,982 35,907,056 99,889,749 Cash Developer Fee 1,850,000 Federal LIHTC Equity 41%41,057,615 State LIHTC Equity 4%4,000,000 5%5,000,000 33%33,310,000 2%2,000,000 4%4,309,635 10%9,500,000 0%(0) 0%0 1%712,500 100%99,889,749 SOURCES AND USES SUMMARY - CDLAC/TCAC Application Feb 2021 C bond Acquisition Land Cost Subtotal Acquisition Vertical construction GC Contingecy Donate for Leverage $72,500/unit Sources $499,449/unitTotal Development Costs Deferred Developer Fee Developer's Equity Contribution Permanent Loan (Tranche A) Design Assist Offsites Sitework Hard Costs Parking Development Costs Legal Fees Reserves Development Impact and Permit Fees Developer Fee Seller Note TOD Residual Receipt Loans Accrued Interest GAP/IIG Request Total Development Sources Overhead, Profit, General Conditions Owner Hard Costs Contingency Subtotal Hard Costs Remaining Development Soft costs $247,413/unit $179,535/unit A&E Financing Fees and Interest Owner Soft Costs Contingency Subtotal Soft Costs $17,500/unit 3,500,000$ Basis Eligible Acquisition Cost 8.74%$55,000/unit 11,000,000 14,500,000 $6,200/unit 1,240,092 $12,860/unit 2,572,067 Parking - inc vertical Structured $0/acre 0 Vertical construction #DIV/0!#DIV/0!39,871,667 GC Contingecy 5.0%$10,921/unit 2,184,191 $32,108/unit 6,421,522 $261,448/unit 52,289,540 5.9%$13,072/unit 2,614,477 $343.32/gsf 54,904,017 1.74% of GC $4,773/unit 954,600 $37,009/unit 7,401,735 $1,313/unit 262,500 $3,792/unit 758,311 $70,101/unit 14,020,267 $44,741/unit 8,948,241 $3,080/unit 616,093 $3,224/unit 644,761 33,606,507 103,010,524 Cash Developer Fee 2,484,281 Federal LIHTC Equity 41%42,469,492 State LIHTC Equity 4%4,207,072 3%3,500,000 33%34,390,000 2%2,200,000 3%2,963,960 9%9,500,000 2%2,000,000 1%1,000,000 1%780,000 100%103,010,524 GC Contract Amount Owner Hard Costs Contingency Subtotal Hard Costs Remaining Development Soft costs $274,520/unit $168,033/unit A&E Financing Fees and Interest Owner Soft Costs Contingency Subtotal Soft Costs Seller Note City of Chula Vista RDA Funds = 21 units at 30% AMI Accrued interest on residual receipts loans City of Chula Vista HOME Funds - 11 assisted units Total Development Sources Legal Fees Reserves Development Impact and Permit Fees Developer Fee Design Assist on/off site Hard Costs Development Costs SOURCES AND USES SUMMARY July 7 revised Financial Request Developer's Equity Contribution (dev fee) Permanent Loan (Tranche A) Sources $515,053/unitTotal Development Costs Deferred Developer Fee Donate for Leverage $72,500/unit Acquisition Land Cost Subtotal Acquisition Overhead, Profit, General Conditions C bond 2021/08/24 City Council Post Agenda Page 275 of 346 Revision Date: Print Date: (Loan Paydown) Closing Completion Conversion 8,609 $17,500/unit 3,500,000$ Equity Pay In 10%65%24.0%1.00% Basis Eligible Acquisition Cost 8.74%$55,000/unit 11,000,000 0.8600$ 14,500,000 State Tax Credit Price CERTIFICATED 0.8500$ $6,200/unit 1,240,092 4.00% $12,860/unit 2,572,067 98.99% Parking - inc vertical Structured $0/acre 0 Vertical construction #DIV/0!#DIV/0!39,871,667 GC Contingecy 5.0%$10,921/unit 2,184,191 0 $32,108/unit 6,421,522 $261,448/unit 52,289,540 5.9%$13,072/unit 2,614,477 $343.32/gsf 54,904,017 TCAC AMI Studio 1BR 2BR 3BR Totals 5,395 Sq. Ft.0 585 786 1,027 159,922 1.74% of GC $4,773/unit 954,600 250 UA $35 $44 $55 $37,009/unit 7,401,735 5.00%120%0 0 0 0 0 $1,313/unit 262,500 1.15 100%0 0 0 $3,792/unit 758,311 35 70%0 0 0 0 0 $70,101/unit 14,020,267 4.50%60%0 44 67 45 156 $44,741/unit 8,948,241 4.25%50%0 6 9 6 21 $3,080/unit 616,093 22,042,653 30%0 3 5 3 11 $3,224/unit 644,761 49,900,000 25%30% RDA Rents 3 4 3 10 Total Construction Loan 71,942,653 33,606,507 2,200,000 Mgr.0 0 1 1 2 Totals 0 56 86 58 200 103,010,524 Tax-exempt construction to perm 34,390,000 Tax-exempt construction only 15,510,000 Average affordability 55.51% Junior Subordinate Bond 2,200,000 Total Tax-exempt bonds 52,100,000 Cash Developer Fee 2,484,281 Tiebreaker 152,838 Bedrooms for tiebreaker 247.75 0 DDA/QCT BoostDDA (2021 confirmed)Tract #: 113.04 130% Federal LIHTC Equity 41%42,469,492 No State LIHTC Equity 4%4,207,072 50% Test 52,100,000 52.40% 3%3,500,000 N/A 33%34,390,000 N/A 2%2,200,000 Large Family 3%2,963,960 None 9%9,500,000 Opportunity Map designation 2021 High Resource 2%2,000,000 Solar State Fed 1%1,000,000 0 0 4,938,313 Lease Up Complete Cross over calendar year 1%780,000 0 0 4,938,313 Conversion/Stabilizatiion 100%103,010,524 0 0 4,938,313 GC Contract Amount Owner Hard Costs Contingency Subtotal Hard Costs Remaining Development Soft costs $274,520/unit Tax- Exempt Bonds - Construction $168,033/unit Debt Opr. Exp./Unit/Year A&E Financing Fees and Interest DCR Replacement Reserves/Unit/Year Vacancy Rate Tax- Exempt Bonds - C Bond Owner Soft Costs Contingency Subtotal Soft Costs 7/2/24 10/25/21 11/1/23 2/1/24 Seller Note City of Chula Vista RDA Funds = 21 units at 30% AMI Accrued interest on residual receipts loans City of Chula Vista HOME Funds - 11 assisted units Total Development Sources PROJECT UNIT & INCOME MIX PROJECT TIMING Legal Fees Reserves Development Impact and Permit Fees Developer Fee 1st Yr Credit Delivery 2023 4/28/21 Interest Rate - Construction Loan Tax Credit Considerations Construction Complete PROJECT SUMMARY Millenia II - 200 Unit family project Design Assist on/off site 4,999,996 Federal Tax Credit Price Hard Costs 7/7/21 12:00 AM High Resource 4% & Bonds state credits City: Development Costs FINANCING ASSUMPTIONSSOURCES AND USES SUMMARY July 7 revised Financial Request 49,886,989 Equity Developer's Equity Contribution (dev fee) Permanent Loan (Tranche A) Tax Credit Allocation 3rd Yr Credit Delivery 10/2/248609 Interest Rate - Permanent Loan Taxable Construction loan CA 9% Site Amenity Score Housing Set Aside Perm Loan Amort Sources 2nd Yr Credit Delivery CA 9% Tiebreaker Rural Designation Prevailing Wage (State, Federal, Both): $515,053/unitTotal Development Costs Construction Begin - Initial Closing Deferred Developer Fee 4% Credit Rate LP Interest 10 Yr Federal Tax Credits 3 Yr State Credits Donate for Leverage Solar Tax Credit Price $72,500/unit Type III modified 5 Structured Acquisition Land Cost Subtotal Acquisition PRELIM DEVELOPMENT PROGRAMMING SUMMARY Chula Vista San Diego $57,750 3.100 MSA: 4 Person 50% AMI: Site (acres): Construction Type: No. of Stories: Parking Type: No. of Stalls: Solar Credits Overhead, Profit, General Conditions Census Tract 133.14 Impact Fees per Unit: Financing Sources: 39,768 C bond 2021/08/24 City Council Post Agenda Page 276 of 346 2,484,281 45,868,017$ Construction Stabilization Conversion 8609 Total 42,347,552 Pre-Dev Close Quarter 1 Quarter 2 Quarter 3 Quarter 4 Quarter 5 Quarter 6 Quarter 7 Quarter 8 Subtotal 6mos 36,170,084 10%15%15%15%15%10%10%10% SOURCES OF FUNDS 36,169,984 1 4,246,949 - - - - - - - - 4,246,949 27,605,170 10,192,678 424,695 42,469,492 2 21,035 420,707 - - - - - - - - 420,707 2,734,597 1,009,697 42,071 4,207,072 3 - - - - - - - - - - - - - - 4 - - - - - - - - - - - - - - 5 100,000 16,353,117 6,906,459 9,337,908 7,762,688 7,045,023 11,438,148 5,657,012 2,203,348 6,054,384 72,858,087 (29,278,489) (43,579,598) - - 6 - - - - - - - - - - - 34,390,000 - 34,390,000 7 - - - - - - - - - - - - - - 8 - - - - - - - - - - - 2,963,960 - 2,963,960 9 $11,000/unit 2,200,000 - - - - - - - 2,200,000 - - 2,200,000 10 - - - - - - - 3,500,000 - 3,500,000 - - 3,500,000 12 $47,500/unit 9,500,000 - - - - - - - - 9,500,000 - - - 9,500,000 13 - 78,000 78,000 78,000 78,000 78,000 78,000 78,000 78,000 624,000 156,000 - - 780,000 14 Chula Vista Housing Authority - HOME Funds 1,000,000 800,000 1,800,000 200,000 2,000,000 15 Chula Vista Housing Authority - RDA Fund restricging 21 units at 30% AMI 900,000 - - - - - - 900,000 100,000 - - 1,000,000 16 Total Sources of Funds 100,000 34,620,774 6,984,459 9,415,908 7,840,688 7,923,023 11,516,148 5,735,012 5,781,348 6,132,384 96,049,743 1,517,278 4,976,738 466,766 103,010,524 17 18 19 USES OF FUNDS 20 ACQUISITION 21 Land Cost $17,500/unit 3,500,000 - - - - - - - - 3,500,000 - - - 3,500,000 26 Basis Eligible Acquisition Cost $55,000/unit 11,000,000 - - - - - - - - 11,000,000 - - - 11,000,000 27 Other: Closing Costs - - - - - - - - - - - - - - 28 Subtotal Site AcquisitionTotal Land / Acquitisiton 14,500,000 - - - - - - - - 14,500,000 - - - 14,500,000 29 47 NEW CONSTRUCTION 48 Design Assist -$ 1,240,092 - - - - - - - - 1,240,092 - - - 1,240,092 49 Off-site Improvements/Onsite Improvements 2,572,067.00$ - 1,286,034 1,286,034 - - - - - - 2,572,067 - - - 2,572,067 53 Vertical 39,871,667$ - 3,987,167 5,980,750 5,980,750 5,980,750 5,980,750 3,987,167 3,987,167 3,987,167 39,871,667 - - - 39,871,667 54 GC Contingency 5.00%62,005 263,660 363,339 299,038 299,038 299,038 199,358 199,358 199,358 2,184,191 - - - 2,184,191 55 Overhead/Profit/GR 11%143,231 609,055 839,314 690,777 690,777 690,777 460,518 460,518 460,518 5,045,482 - - - 5,045,482 56 Contractor Precon 3%1,376,041 1,376,041 - - - 1,376,041 57 - - - - - - - - - - - - - - 58 Contractor General Liability Insurance - - - - - - - - - - - - - - 59 Other:- - - - - - - - - - - - - - 60 Total New Construction $261,448/unit - 2,821,368 6,145,915 8,469,436 6,970,564 6,970,564 6,970,564 4,647,043 4,647,043 4,647,043 52,289,540 - - - 52,289,540 61 62 ARCHITECTURAL 63 Building: Design/Build inc SOV 0 - - - - - - - - - - - 64 Landscape 0 90,000 90,000 90,000 65 Energy Consultant 0 65,000 65,000 65,000 66 Other: Acoustic Study 0 - - - - - - - - 67 Other: Traffic Study 0 - - - - - - - - 68 Other:0 - - - - - - - - - - - - - 69 Total Architectural - 155,000 - - - - - - - - 155,000 - - - 155,000 70 71 SURVEY & ENGINEERING 72 Civil, inc ALTA 0 187,500 125,000 12,500 325,000 - - - 325,000 74 Staking 0 90,000 90,000 - - - 90,000 75 Structural Testing 0 95,000 95,000 - - - 95,000 76 Soils 0 70,000 70,000 - - - 70,000 77 Other: Misc Studies 0 94,600 94,600 - - - 94,600 78 Other: - CASP, Fire…0 125,000 - - - - - - - - 125,000 - - - 125,000 79 Other:0 - - - - - - - - - - - - - - 80 Total Survey & Engineering - - 407,100 285,000 95,000 - - - - - 12,500 799,600 - - - 799,600 81 82 CONTINGENCY COSTS 83 Hard Cost Contingency 5%141,068 307,296 423,472 348,528 348,528 348,528 232,352 232,352 232,352 2,614,477 - - - 2,614,477 84 Soft Cost Contingency 3.00%483,608 15,473 15,233 15,192 17,590 20,303 23,334 26,270 27,757 644,761 - - - 644,761 85 Subtotal ImprovementsTotal Contingency - 624,676 322,769 438,705 363,720 366,118 368,831 255,686 258,623 260,109 3,259,237 - - - 3,259,237 86 87 CONSTRUCTION PERIOD EXPENSES 88 Construction Loan Interest - 199,275 281,267 374,904 454,840 545,253 646,308 694,182 731,232 3,927,261 1,259,278 25,289 - 5,211,828 89 Soft Loan Interest - 78,000 78,000 78,000 78,000 78,000 78,000 78,000 78,000 624,000 156,000 - - 780,000 90 C Bond Interest - 38,500 38,500 38,500 38,500 38,500 38,500 38,500 38,500 308,000 77,000 - - 385,000 91 Origination Fee 1.00%435,796 - - - - - - - - 435,796 - - - 435,796 92 Credit Enhancement & Application Fee - - - - - - - - - - - - - - 93 Owner Paid Bonds - - - - - - - - - - - - - - 94 Lender Inspection Fees - 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 48,000 - - - 48,000 95 Taxes During Construction 15,000 - - - - - - - 15,000 - - - 15,000 96 Other: Application fee - - - - - - - - - - - - - - 97 Insurance During Construction 275,000 - - - - - - - - 275,000 - - - 275,000 98 Title and Recording Fees 55,000 - - - - - - - - 55,000 - - - 55,000 99 Construction Mgmt. and Monitoring 0 - - - - - - - - - - 100 Predevelopment Loan Interest 65,000 - - - - - - - - 65,000 - - - 65,000 101 Other: Accounting & Admin - - - - - - - - - - - - 102 Other:- - - - - - - - - - - - - - 103 Subtotal Interest/FeesTotal Construction Period Expense - 845,796 321,775 403,767 497,404 577,340 667,753 768,808 816,682 853,732 5,753,057 1,492,278 25,289 - 7,270,624 104 105 PERMANENT FINANCING EXPENSES Construction Period PROJECTED SOURCES AND USES OF FUNDS Millenia II - 200 Unit family project Federal LIHTC Equity State LIHTC Equity Developer's Equity Contribution Solar Rebates Construction Loan Seller Note Residual Receipt Loans Accrued Interest Permanent Loan (Tranche A) Deferred Developer Fee C Bond Subordinate Fee (MGP Loan) Permanent Loan (Tranche B) 2021/08/24 City Council Post Agenda Page 277 of 346 2,484,281 45,868,017$ Construction Stabilization Conversion 8609 Total 42,347,552 Pre-Dev Close Quarter 1 Quarter 2 Quarter 3 Quarter 4 Quarter 5 Quarter 6 Quarter 7 Quarter 8 Subtotal 6mos 36,170,084 10%15%15%15%15%10%10%10% Construction Period PROJECTED SOURCES AND USES OF FUNDS Millenia II - 200 Unit family project 106 Loan Origination Fees 0.00%- - - - - - - - - - - 15,000 - 15,000 107 Credit Enhancement & Application Fee - - - - - - - - - - - - - - 108 Title and Recording Fees - - - - - - - - - - - 7,162 - 7,162 109 Property Taxes - - - - - - - - - - - - - - 110 Insurance - - - - - - - - - - - - - - 111 Other: Issuer Fee 0.125%54,474 - - - - - 54,474 - - 108,949 - - 108,949 112 Other: - - - - - - - - - - - - - 113 Total Permanent Financing 54,474 - - - - - 54,474 - - 108,949 - 22,162 - 131,111 114 115 LEGAL FEES 116 Construction Lender Legal 65,000 - - - - - - - - 65,000 - - - 65,000 117 Permanent Lender Legal - - - - - - - - - - - 7,500 - 7,500 118 Sponsor Legal 0 60,000 - - - - - - - - 60,000 - - - 60,000 119 Organizational Legal 40,000 - - - - - - - - 40,000 - - - 40,000 120 Other Legal (Issuer Legal, Bond Counsel)65,000 - - - - - - - - 65,000 - - - 65,000 121 Other:- - - - - - - - - - - - - - 122 Other: GP Legal 0 25,000 - - - - - - - - 25,000 - - - 25,000 123 Total Legal Fees - 255,000 - - - - - - - - 255,000 - 7,500 - 262,500 124 125 CAPITALIZED RESERVES 126 Operating Reserve 3 months - - - - - - - - - - - 758,311 758,311 127 Replacement Reserve - - - - - - - - - - - - - - 128 Rent-up Reserve - - - - - - - - - - - - - - 129 Transition Reserve (2 years)- - - - - - - - - - - - - - 130 Other: Prepaid HOA - - - - - - - - - - - - - - 131 Other: Capitalized LP Fee - - - - - - - - - - - - - - 132 Total Reserves - - - - - - - - - - - - - 758,311 758,311 133 134 REPORTS & STUDIES 135 Market Study 0 10,000 - - - - - - - - 10,000 - - - 10,000 136 Relocation Plan & consulting 0 - - - - - - - - - - - - - - 137 Appraisal 0 10,000 - - - - - - - - 10,000 - - - 10,000 138 Environmental 0 - - - - - - - - - - - - - - 139 Other: Lender Deposit 0 - - - - - - - - - - - - - 140 Other: Investor Deposit 0 - - - - - - - - - - - - - - 141 Other: Soils Report 0 - - - - - - - - - - - - - - 142 Other: Phase I 0 - - - - - - - - - - - - - - 143 Total Reports & Studies - 20,000 - - - - - - - - 20,000 - - - 20,000 144 145 OTHER 146 TCAC App./Alloc/Monitoring Fees 0 150,303 - - - - - - - - 150,303 - (18,000) 132,303 147 CDLAC/CDIAC Fees 0.05%100,000 21,789.80 (100,000) - - - - - - - 21,790 - - - 21,790 148 Local Permit Fees $2,252/unit 0 450,400 - - - - - - - - 450,400 - - - 450,400 149 Water & Sewer Fee $3,021/unit 647,313 647,313 647,313 150 School Fees $9,877/unit 1,589,280 1,589,280 1,589,280 149 Local Development Impact Fees $39,768/unit 0 7,973,927 - - - - - - - - 7,973,927 - - - 7,973,927 150 CFD Prepayment $16,797/unit 3,359,346 - - - - - - - - 3,359,346 - - - 3,359,346 151 Syndicator/Investor Fees & Expenses - - - - - - - - - - - - - - 152 Furnishings - - - - - - - - - - - 153 Final Cost Audit Expense - - - - - - - - - - 15,000 - - 15,000 154 Marketing $200k Paid to seller at close 200,000 - - - - 50,000 50,000 300,000 10,000 - - 310,000 155 MGP Services Fee 20,000 - - - 20,000 - - - 20,000 156 SDHC Ap, Orig, Servicing, Legal, Const Review - - - - - - - - - - - - - - 157 Accounting/Finance/Admin 0 25,000 9,000 9,000 9,000 9,000 9,000 9,000 9,000 9,000 97,000 - - - 97,000 158 Other: CPA Opinion 0 - - - - - - - - - - 159 Bond Performance Deposit 0 - - - - - - - - - - - - - - 160 Total Other Costs 100,000 14,437,359 (91,000) 9,000 9,000 9,000 9,000 9,000 59,000 59,000 14,609,359 25,000 (18,000) - 14,616,359 161 162 DEVELOPER COSTS 163 Developer Fee 500,000 - - - - 3,500,000 - - 300,000 4,300,000 - 4,939,787 (291,545) 8,948,241 164 Consultant/Processing Agent - - - - - - - - - - - - - - 165 Project Administration - - - - - - - - - - - - - - 166 Syndication Consultant - - - - - - - - - - - - - - 167 Guarantee Fees - - - - - - - - - - - - - - 168 Broker Fees Paid to Related Party - - - - - - - - - - - - - - 169 Construction Oversight & Mgmt - - - - - - - - - - - - - - 170 Total Developer Costs - 500,000 - - - - 3,500,000 - - 300,000 4,300,000 - 4,939,787 (291,545) 8,948,241 171 172 173 Total Uses of Funds 100,000 34,620,774 6,984,459 9,415,908 7,840,688 7,923,023 11,516,148 5,735,012 5,781,348 6,132,384 96,049,743 1,517,278 4,976,738 466,766 103,010,524 174 Net Source & Use - - - - - - - - - - - - - - 175 Distributions - - 176 Balance of Funds - - - - - - - - - - - - - 2021/08/24 City Council Post Agenda Page 278 of 346 ATTACHMENT 3 COLUMBA APARTMENTS (aka MILLENIA II) AFFORDABLE HOUSING PROJECT APPLICABLE TO ALL UNITS * CTCAC 2021 Maximum Income and Rent Levels effective 4/1/2021 ** INCOME Income Level- AMI 1-Person 2-Person 3-Person 4-Person 5-Person 6-Person 7-Person 8-Person 30% $25,470 $29,100 $32,730 $36,360 $39,270 $42,180 $45,090 $48,000 50% $42,450 $48,500 $54,550 $60,600 $65,450 $70,300 $75,150 $80,000 60% $50,940 $58,200 $65,460 $72,720 $78,540 $84,360 $90,180 $96,000 70% $59,430 $67,900 $76,370 $84,840 $91,630 $98,420 $105,210 $112,000 MONTHLY RENT Income Level-AMI 1-Bedroom 2-Bedroom 3-Bedroom 30% $682 $818 $945 50% $1,136 $1,363 $1,575 60% $1,364 $1,636 $1,890 70% $1,591 $1,909 $2,205 APPLICABLE TO 10 UNITS * HCD 2021 State Income and Rent Levels effective 4/26/2021 INCOME Income Level- AMI 1-Person 2-Person 3-Person 4-Person 5-Person 6-Person 7-Person 8-Person 30% $25,450 $29,100 $32,750 $36,350 $39,300 $42,200 $45,100 $48,000 MONTHLY RENT Income Level-AMI 1-Bedroom 2-Bedroom 3-Bedroom 30% $570 $641 $713 * The property will use the most restrictive limits when determining income and rents. ** HOME 50% AMI income and rents effective 6/1/2021 applicable to 11 units are the same as CTCAC 50% AMI income and rents effective 4/1/2021. 2021/08/24 City Council Post Agenda Page 279 of 346 RESOLUTION NO. __________ (SUCCESSOR HOUSING AGENCY RESOLUTION NO. ________ RESOLUTION OF THE HOUSING AUTHORITY AS THE SUCCESSOR HOUSING ENTITY TO THE CITY OF CHULA VISTA AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE FROM THE HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM IN AN AMOUNT NOT-TO- EXCEED $2,000,000 AND UP TO $1,000,000 FROM THE CITY’S LOW AND MODERATE INCOME HOUSING ASSET FUND TO CHELSEA INVESTMENT CORPORATION OR AN AFFILIATED DEVELOPER (MILLENIA II CIC, LP) FOR A NEW 200-UNIT AFFORDABLE HOUSING DEVELOPMENT KNOWN AS COLUMBA APARTMENTS TO BE LOCATED IN THE OTAY RANCH MILLENIA MASTER PLAN COMMUNITY WHEREAS, pursuant to applicable law the Successor Housing Agency has established a Low- and Moderate-Income Housing Fund (“LMIHF”); and WHEREAS, the use of LMIHF is consistent with the statutory requirements of this funding source to provide a minimum of 30 percent (30%) of expenditures for extremely low-income persons served by the Project, as being proposed by the Project Sponsor (CA H&S Section 34176.1(a)(3)(B)); and WHEREAS, pursuant to Health and Safety Code Section 33334.2(e), in carrying out its affordable housing activities, the Successor Housing Agency is authorized to provide subsidies to or for the benefit of very low income and lower income households, or persons and families of low or moderate income, to the extent those households cannot obtain housing at affordable costs on the open market, and to provide financial assistance for the construction and rehabilitation of housing which will be made available at an affordable housing cost to such persons; and WHEREAS, the City of Chula Vista (“City”) is an entitlement/participating jurisdiction for the U.S. Department of Housing and Urban Development (“HUD”) funding programs and is awarded on an annual basis a formula grant from the HOME Investment Partnership Program (“HOME”); and WHEREAS, on August 24, 2021, the City Council approved the HOME funds via an Annual Action Plan amendment that includes funding for the production of affordable rental housing for low income households; and WHEREAS, the City has available funds from its LMIHF and HOME funds due to loan repayments and HUD entitlement funds; and WHEREAS, Chelsea Investment Corporation, utilizing a to-be-formed limited partnership of which Chelsea Investment Corporation will be a partner (the “Developer”), proposes to construct an 200-unit family multifamily rental development, within the Otay Ranch Millenia Master Planned Community (the “Project”); and 2021/08/24 City Council Post Agenda Page 280 of 346 Resolution No. Page 2 WHEREAS, Developer will receive an allocation of Multifamily Housing Revenue Bonds from the California Debt Limit Allocation Committee (“CDLAC”); and WHEREAS, Developer will receive four percent (4%) tax credits from the California Tax Credit Allocation Committee (“CTCAC”); and WHEREAS, the City’s evaluation of the development budget, operating proforma, and source and uses for the Project determined that additional financing is appropriate and necessary in order to make the Project feasible; and WHEREAS, the Developer requires assistance to reduce the development costs for the construction of the Project for its financial feasibility; and WHEREAS, the Successor Housing Agency desires to provide Developer with a development loan in an amount not to exceed one million dollars ($1,000,000) from its Housing Fund to assist with the financing gap for the construction of the Project; and WHEREAS, the Project furthers the goals of the Successor Housing Agency as it will facilitate the creation of affordable housing which will serve extremely low-income residents; and WHEREAS, the City desires to provide Developer with a development loan in an amount not to exceed two million dollars ($2,000,000) from its fiscal year 2020-21 HOME funds to assist with the financing gap for the construction of the Project; and WHEREAS, the City’s development loan does not exceed the HOME maximum per-unit subsidy limits based on the Section 221(d)(3) limits established by HUD; and WHEREAS, the City’s 2021-2019 Housing Element of the General Plan sets forth the objective of providing balanced and varied housing opportunities throughout the City to satisfy needs and desires of various age, income, and ethnic groups of the community, and which specifically provides for the construction of new affordable housing units through City assistance; and WHEREAS, in order to carry out and implement the Successor Housing Agency’s earmarks, the City’s Consolidated Plan and Housing Element of the General Plan and the affordable housing requirements and goals thereof, the Successor Housing Entity and City propose to enter into a Successor Agency and City Loan Agreement and Related Restricted Covenants (the “Agency/City Loan Agreement”), a City HOME Loan Agreement and Related Restricted Covenants (the “HOME Loan Agreement”), and a City Fee Deferral Agreement (the “Deferral Agreement”), respectively, with the Developer, to be recorded as encumbrances to the Project, pursuant to which the Successor Agency and City would make the loans to the Developer, and the Developer would agree to develop and operate the Project in accordance with the requirements of the Successor Housing Agency/City Loan Agreement and HOME Agreement, restricting occupancy of 200 of the apartment units in the Project to extremely low, very-low and low-income households and rent those units at an affordable housing cost, plus 2 unrestricted apartment units which will be the managers’ units; and 2021/08/24 City Council Post Agenda Page 281 of 346 Resolution No. Page 3 WHEREAS, the Agency/City Loan and HOME Loan will leverage the investment of the Successor Agency and City by requiring the Developer to obtain additional financing for the construction and operation of the Project through the combination of a loan obtained from the proceeds of multi-family mortgage revenue bond financing and an equity contribution by a limited partner investor in consideration for the “4% Tax Credits” to be generated by the Project; and WHEREAS, the City’s Housing Advisory Commission did, on the 11th day of August 2021, hold a public meeting to consider said request for financial assistance; and WHEREAS, the Housing Advisory Commission, upon hearing and considering all testimony, if any, of all persons desiring to be heard, and considering all factors relating to the request for financial assistance, recommended to the Successor Housing Entity and City that financial assistance be approved on the condition that all other necessary financing be secured for the Project; and WHEREAS, the Housing Advisory Commission found that the City’s financial participation in the development of the Project will be a sound investment based upon Developer’s ability to effectively serve the City’s housing needs and priorities as expressed in the Housing Element and Consolidated Plan and the cost effectiveness of the City’s financial assistance based upon the leveraging of such sources; and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR-07-01)-SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Therefore, no further CEQA review or documentation is necessary. WHEREAS, the development of the Project is subject to completing an environmental review under NEPA prior to construction. NOW, THEREFORE, BE IT RESOLVED by the Housing Authority as Successor Housing Agency of the City of Chula Vista, that it does hereby conditionally approve a residual receipts loan from the Successor Housing Entity’s Low and Moderate Income Housing Set-Aside fund to Developer in an amount not to exceed $1,000,000 and commits up to $2,000,000 of its HOME Investment Partnership Act funds (HOME) for the Project within the Otay Ranch Millenia master planned community. BE IT FURTHER RESOLVED by the Housing Authority as Successor Housing Agency of the City of Chula Vista and the City Council of the City of Chula Vista, that it directs staff to prepare all necessary documents and any actions, as required by HUD or California Health and Safety Code Sections 33334.2 and 33334.6 to commit the HOME and Successor Housing Agency funds, and authorizing the City Manager, or their designee to execute an Agency/City Loan Agreement, HOME Loan Agreement, Fee Deferral Agreement and all associated loan documents, and regulatory agreements, consistent with the City’s standard documents as reviewed by the City 2021/08/24 City Council Post Agenda Page 282 of 346 Resolution No. Page 4 Attorney’s office, necessary for the financing of the proposed Project and, at minimum, subject to the following terms and conditions: 1. Certification of the appropriate CEQA and NEPA documentation prior to any City and Successor Housing Agency Loan disbursements for any portion of the Project. 2. Developer shall secure all other financing necessary for the acquisition and development of the Project. 3. The loan repayment will be secured by Deeds of Trust and Promissory Notes for the property in favor of the Housing Authority as Successor Agency and City of Chula Vista and recorded against the Project property. 4. The term of the Agency/City Loan Agreement and HOME Loan Agreement shall each be fifty-five (55) years. 5. The outstanding balances shall all accrue simple interest at a rate of 3 percent (3%) per annum. 6. Developer will be required to operate the Project consistent with the Regulatory Agreement required by the Project's bond and tax credit financing, the City's Affordable Housi ng Program, and the Successor Housing Agency's financing, the covenants imposed by these Agreements, and any other project requirements. 7. The Successor Housing Agency and City assistance is based upon the assumptions presented within the sources and uses of funds, development budget, development proforma and other information filed with the Affordable Housing Review Application for the project as submitted and reviewed by the City’s Development Services Department, Housing Division. The City assistance is a maximum level of participation. It is expected that any substantive revisions in such financing assumptions which would lead to an increase in other resources available and would therefore reduce the level of Successor Housing Agency and City assistance. This approval remains subject to additional approvals by Housing Authority and City Council, in which Housing Authority and City Council retains its sole and unfettered discretion to approve, deny, or to take alternative actions, of, but not limited to the following: the commitment of up to $1,000,000 LMIHF and up to $2,000,000 from the City’s HOME funds, and final approval of multi-family mortgage revenue bond financing for the Project. Presented by Approved as to form by Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021/08/24 City Council Post Agenda Page 283 of 346 Presented by: Jose Dorado, Senior Management Analyst 2021/08/24 City Council Post Agenda Page 284 of 346 Project Location 2021/08/24 City Council Post Agenda Page 285 of 346 Project Proposal •5-story stacked flat 200-unit complex •Amenities/Community Space •Computer lab/lounge •Tot Lot •Bocce ball area •Open lawn space •Unit Counts: •56-1 bedroom •86-2 bedrooms •58-3 bedrooms 2021/08/24 City Council Post Agenda Page 286 of 346 •Over 11,000 Units Developed, Acquired and Rehabilitation in California, Arizona, and New Mexico •30 years experience Project Developer 2021/08/24 City Council Post Agenda Page 287 of 346 Benefits of the Project Leveraging City Assistance o $3,000,000 to $100,000,000 Estimated Total Project Costs 200 multi-family affordable rental units o 198 affordable units o 2 units for onsite management o affordable at 30% to 70% AMI Consistent with Housing Element and HUD approved Consolidated Plan and Objectives 2021/08/24 City Council Post Agenda Page 288 of 346 Available Fund Balance Housing Authority (Low Mod Funds)$1,000,000 HOME Federal Grant Program $2,000,000 Total Subsidy $3,000,000 CC&HA recommend funding up to $3M 2021/08/24 City Council Post Agenda Page 289 of 346 Next Steps Conditional Approval by City Council & Housing Authority (8/24) Chelsea proceeds with final financing structure Return to Council and Housing Authority in October 2021 for final approvals of: •City/HA financial contribution •City/HA final bond approvals 2021/08/24 City Council Post Agenda Page 290 of 346 2021/08/24 City Council Post Agenda Page 291 of 346 Proposed Rent Limits 2021/08/24 City Council Post Agenda Page 292 of 346 RESOLUTION NO. __________ (SUCCESSOR HOUSING AGENCY RESOLUTION NO. ________ RESOLUTION OF THE HOUSING AUTHORITY AS THE SUCCESSOR HOUSING ENTITY TO THE CITY OF CHULA VISTA AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE FROM HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM IN AN AMOUNT NOT-TO-EXCEED $2,000,000 AND UP TO $1,000,000 FROM THE CITY’S LOW AND MODERATE INCOME HOUSING ASSET FUND TO CHELSEA INVESTMENT CORPORATION OR AN AFFILIATED DEVELOPER (MILLENIA II CIC, LP) FOR A NEW 200-UNIT AFFORDABLE HOUSING DEVELOPMENT KNOWN AS COLUMBA APARTMENTS TO BE LOCATED IN THE OTAY RANCH MILLENIA MASTER PLAN COMMUNITY WHEREAS, pursuant to applicable law the Successor Housing Agency has established a Low- and Moderate-Income Housing Fund (“LMIHF”); and WHEREAS, The use of LMIHF is consistent with the statutory requirements of this funding source to provide a minimum of 30 percent of expenditures for e xtremely low-income persons served by the Project, as being proposed by the Project Sponsor (CA H&S Section 34176.1(a)(3)(B); and WHEREAS, pursuant to Health and Safety Code Section 33334.2(e), in carrying out its affordable housing activities, the Successor Housing Agency is authorized to provide subsidies to or for the benefit of very low income and lower income households, or persons and families of low or moderate income, to the extent those households cannot obtain housing at affordable costs on the open market, and to provide financial assistance for the construction and rehabilitation of housing which will be made available at an affordable housing cost to such persons; and WHEREAS, the City of Chula Vista (“City”) is an entitlement/participating jurisdiction for the U.S. Department of Housing and Urban Development (HUD) funding programs and is awarded on an annual basis a formula grant from the HOME Investment Partnership Program (HOME); and WHEREAS, in August 24, 2021, the City Council approved the HOME funds via an Annual Action Plan amendment that includes funding for the production of affordable rental housing for low income households; and WHEREAS, the City has available funds from its LMIHFs and HOME funds due to loan repayments and HUD entitlement funds; and WHEREAS, Millenia II CIC LP and Chelsea Investment Corporation or its affiliate and/or assigns, utilizing a to-be-formed limited partnership of which Chelsea Investment Corporation will be a partner, the “Developer”, proposes to construct an 200 unit family multifamily rental development, within the Otay Ranch Millenia Master Planned Community (“Family Project”); and 2021/08/24 City Council Post Agenda Page 293 of 346 Resolution No. Page 2 WHEREAS, Developer will receive an allocation of Multifamily Housing Revenue Bonds from the California Debt Limit Allocation Committee (CDLAC); and WHEREAS, Developer will receive four percent (4%) tax credits from the California Tax Credit Allocation Committee (CTCAC); and WHEREAS, the City’s evaluation of the development budget, operating pro forma, and source and uses for the Project determined that additional financing is appropriate and necessary in order to make the Project feasible; and WHEREAS, the Developer requires assistance to reduce the development costs for the construction of the Project for its financial feasibility; and WHEREAS, the Successor Housing Agency wishes to provide Developer with a development loan in the amount not to exceed one million dollars ($1,000,000) from its Housing Fund to assist with the financing gap for the construction of the Project; and WHEREAS, the Project furthers the goals of the Successor Housing Agency as it will facilitate the creation of affordable housing which will serve the extremely low-income residents; and WHEREAS, the City wishes to provide Developer with a development loan in the amount not to exceed two million dollars ($2,000,000) from its FY 2021 HOME funds to assist with the financing gap for the construction of the Project; and WHEREAS, the City’s development loan does not exceed the HOME maximum per-unit subsidy limits based on the Section 221(d)(3) limits established by HUD; and WHEREAS, the City’s 2021-20219 Housing Element of the General Plan which sets forth the objective of providing balanced and varied housing opportunities throughout the City to satisfy needs and desires of various age, income, and ethnic groups of the community, and which specifically provides for the construction of new affordable housing units through City assistance; and WHEREAS, in order to carry out and implement the Successor Housing Agency’s earmarks, the City’s Consolidated Plan and Housing Element of the General Plan and the affordable housing requirements and goals thereof, the Successor Housing Entity and City propose to enter into a Successor Agency and City Loan Agreement and Related Restricted Covenants (the “Agency/City Loan Agreement”), a City HOME Loan Agreement and Related Restri cted Covenants (the “HOME Loan Agreement”), and the City Fee Deferral Agreement (the “Deferral Agreement”), respectively, with the Developer, to be recorded as encumbrances to the Project, pursuant to which the Successor Agency and City would make the loans to the Developer, and the Developer would agree to develop and operate the Project in accordance with the requirements of the Successor Housing Agency/City Loan Agreement and HOME Agreement, restricting occupancy of 200 of the apartment units in the Project including but not limited to 198 unitstoto be occupied by extremely low, very-low and low-income households at an and rent those units at an affordable housing cost, as defined by Health and Safety Code 50053 and 24 CFR§ 92.252, plus 2 unrestricted apartment units which will be the managers’ units; and 2021/08/24 City Council Post Agenda Page 294 of 346 Resolution No. Page 3 WHEREAS, the Agency/City Loan and HOME Loan will leverage the investment of the Successor Agency and City by requiring the Developer to obtain additional financing for the construction and operation of the Project through a combination of a loan(s) obtained from the proceeds of multi-family mortgage revenue bond financing and an equity contribution by a limited partner investor in consideration for the “4% Tax Credits” to be generated by the Project; and WHEREAS, the City’s Housing Advisory Commission did, on the 11th day of August, 2021, held a public meeting to consider said request for financial assistance; and WHEREAS, the Housing Advisory Commission, upon hearing and considering all testimony, if any, of all persons desiring to be heard, and considering all factors relating to the request for financial assistance, recommended to the Successor Housing Entity and City that financial assistance be approved on the condition that all other necessary financing be secured for the Project, and WHEREAS, the Housing Advisory Commission found that the City’s financial participation in the development of the Project will be a sound investment based upon Developer’s ability to effectively serve the City’s housing needs and priorities as expressed in the Housing Element and Consolidated Plan and the cost effectiveness of the City’s financial assistance based upon the leveraging of such sources; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR-07-01)-SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Therefore, no further CEQA review or documentation is necessary. WHEREAS, the development of the Project is subject to completing an environmental review under NEPA prior to construction. NOW, THEREFORE, BE IT RESOLVED by the Housing Authority as Successor Housing Agency of the City of Chula Vista, that it does hereby conditionally approve a residual receipts loan from the Successor Housing Entity’s Low and Moderate Income Housing Set-Aside fund to Developer in an amount not to exceed $1,000,000 and the City conditionally approves and commits up to $2,000,000 of its HOME Investment Partnership Act funds (HOME) for the Project within the Otay Ranch Millenia master planned community. BE IT FURTHER RESOLVED by the Housing Authority as Successor Housing Agency of the City of Chula Vista and the City Council of the City of Chula Vista, that it directs staff to prepare all necessary documents and any actions, as required by HUD or California Health and Safety Code Sections 33334.2 and 33334.6 to commit the HOME and Successor Housing Agency funds, and authorizing the City Manager, or his designee to execute an Agency/City Loan Agreement, HOME Loan Agreement, Fee Deferral Agreement and all associated loan documents, 2021/08/24 City Council Post Agenda Page 295 of 346 Resolution No. Page 4 and regulatory agreements, consistent with the City’s standard documents as reviewed by the City Attorney’s office, necessary for the financing of the proposed Project and, at minimum, subject to the following terms and conditions: 1. Certification of the appropriate CEQA and NEPA documentation prior to any City and Successor Housing Agency Loan disbursements for any portion of the Project. 2. Developer shall secure all other financing necessary for the acquisition and development of the Project. 3. The loan repayment will be secured by Deeds of Trust and Promissory Notes for the property in favor of the Housing Authority as Successor Agency and City of Chula Vista and recorded against the Project property. 4. The term of the Agency loan shall be fifty-five (55) years. 5. The outstanding balances shall all accrue simple interest at a 3 percent per annum. 6. Developer will be required to operate the Project consistent with the Regulatory Agreement required by the Project's bond and tax credit financing, the City's Affordable Housing Program, and the Successor Housing Agency's financing, the covenants imposed by these Agreements, and any other project requirements. 7. The Successor Housing Agency and City assistance is based upon the assumptions presented within the sources and uses of funds, development budget, development proforma and other information filed with the Affordable Housing Review Application for the project as submitted and reviewed by the City’s Development Services Housing Division. The City assistance is a maximum level of participation. It is expected that any substantive revisions in such financing assumptions which would lead to an increase in other resources available, would therefore reduce the level of Successor Housing Agency and City assistance this approval remains subject to additional approvals by Housing Authority and City Council, in which Housing Authority and City Council retains its sole and unfettered discretion to approve, deny, or to take alternative actions, of, but not limited to the following: the commitment of up to $1,000,000 LMIHF and up to $2,000,000 from the City’s HOME funds, and final approval of multi-family mortgage revenue bond financing for the Project. Presented by Approved as to form by Tiffany Allen Glen R. Googins Development Services Director City Attorney 2021/08/24 City Council Post Agenda Page 296 of 346 v . 0 03 P a g e | 1 August 24, 2021 ITEM TITLE American Rescue Plan Approval: Accept Grant Funds, Add Positions to the General Fund and Appropriate Funds for that Purpose Report Number: 21-0147 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Sec tion 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Adopt resolution A) accepting American Rescue Plan Act (ARPA) grant funds, appropriating $28.76 million in the ARPA fund of which $14 million will be appropriated from the ARPA account into various Governmental Funds (4/5 Vote Required); and B) increasing the authorized position counts in various departments with a net increase in authorized staffing of 10 positions to be funded from ARPA funds and staff time reimbursements from project funds. SUMMARY On May 10, 2021, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021, to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments. The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction to meet local needs—including support for households, small businesses, impacted industries, essential workers, and the communities hardest-hit by the crisis. These funds also deliver resources that recipients can invest in building, maintaining, or upgrading their water, sewer, and broadband infrastructure. This action proposes to appropriate $28.76 million from the ARPA 2021/08/24 City Council Post Agenda Page 297 of 346 P a g e | 2 funds, appropriate $14 million from the ARPA account into the General Fund and add 10 positions to the General Fund. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been 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. Although environmental review is not required at this time, once the scope of potential project(s) has been defined, environmental review will be required for each project and the appropriate environmental determination will be made. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background On May 10, 2021, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021, to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments. The Treasury also released details on how these funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among these governments, and support the communities and populations hardest-hit by the COVID-19 crisis. With the launch of the Coronavirus State and Local Fiscal Recovery Funds, eligible jurisdictions have been able to access this funding to address these needs. To support the immediate pandemic response, bring back jobs, and lay the groundwork for a strong and equitable recovery, the American Rescue Plan Act of 2021 (ARPA) established the Coronavirus State and Local Fiscal Recovery Funds, designed to deliver $350 billion to state, local, territorial, and Tribal governments to bolster their response to the COVID-19 emergency and its economic impacts. The Treasury has launched much-needed relief to:  Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control;  Replace lost public sector revenue to strengthen support for vital public services and help retain jobs;  Support immediate economic stabilization for households and businesses; and, Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations. The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction to meet local needs—including support for households, small businesses, impacted industries, essential workers, and the communities hardest-hit by the crisis. These funds also deliver resources that recipients can invest in building, maintaining, or upgrading their water, sewer, and broadband infrastructure. 2021/08/24 City Council Post Agenda Page 298 of 346 P a g e | 3 FUNDING AMOUNTS The American Rescue Plan provides a total of $350 billion in Coronavirus State and Local Fiscal Recovery Funds to help eligible state, local, territorial, and Tribal governments meet their present needs and build the foundation for a strong recovery. Congress has allocated this funding to tens of thousands of jurisdictions. These allocations include: Entity Amount ($billions)  States & District of Columbia $195.3  Counties $65.1  Metropolitan Cites $45.6  Tribal Governments $20.0  Territories $4.5  Non-Entitlement Units of Local Government $19.5  City of Chula Vista $57.5 Local governments will receive funds in two tranches, with 50% provided in May 2021 and the balance delivered 12 months later. USES OF FUNDING Coronavirus State and Local Fiscal Recovery Funds provide eligible state, local, territorial, and Tribal governments with a substantial infusion of resources to meet pandemic response needs and rebuild a stronger, more equitable economy as the country recovers. Within the categories of eligible uses, recipients have broad flexibility to decide how best to use this funding to meet the needs of their communities. Recipients may use Coronavirus State and Local Fiscal Recovery Funds to:  Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff;  Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector;  Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic;  Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and,  Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet. Within these overall categories, Treasury’s Interim Final Rule provides guidelines and principles for determining the types of programs and services that this funding can support, together with examples of allowable uses that recipients may consider. Supporting the public health response 2021/08/24 City Council Post Agenda Page 299 of 346 P a g e | 4 Mitigating the impact of COVID-19 continues to require an unprecedented public health response from state, local, territorial, and Tribal governments. Recipients may use this funding to address a broad range of public health needs across COVID-19 mitigation, medical expenses, behavioral healthcare, and public health resources. Among other services, these funds can help support:  Services and programs to contain and mitigate the spread of COVID-19, including:  Vaccination programs  Medical expenses  Testing  Contact tracing  Isolation or quarantine  PPE purchases  Support for vulnerable populations to access medical or public health  Public health surveillance (e.g., monitoring for variants)  Enforcement of public health orders  Public communication efforts  Enhancement of healthcare capacity, including alternative care facilities  Support for prevention, mitigation, in congregate living facilities  Enhancement of public health data systems  Capital investments in public facilities to meet pandemic needs  Ventilation improvements in key settings like healthcare facilities  Services to address behavioral healthcare needs exacerbated by the pandemic, including:  Ventilation improvements in key settings like healthcare facilities  Mental health treatment  Substance misuse treatment  Other behavioral health services  Hotlines or warmlines  Crisis intervention  Services or outreach to promote access to health and social services Payroll and covered benefits expenses for public health, healthcare, human services, public safety and similar employees, to the extent that they work on the COVID-19 response. For public health and safety workers, recipients can use these funds to cover the full payroll and covered benefits costs for employees or operating units or divisions primarily dedicated to the COVID-19 response. Addressing the negative economic impacts caused by the public health emergency The COVID-19 public health emergency resulted in significant economic hardship for many Americans. As businesses closed, consumers stayed home, schools shifted to remote education, and travel declined precipitously, over 20 million jobs were lost between February and April 2020. To help alleviate the economic hardships caused by the pandemic, Coronavirus State and Local Fiscal Recovery Funds enable eligible state, local, territorial, and Tribal governments to provide a wide range of assistance to individuals and households, small businesses, and impacted industries, in addition to enabling governments to rehire public sector staff and rebuild capacity. Among these uses include:  Delivering assistance to workers and families, including aid to unemployed workers and job training, as well as aid to households facing food, housing, or other financial insecurity. In addition, these funds can support survivor’s benefits for family members of COVID-19 victims. 2021/08/24 City Council Post Agenda Page 300 of 346 P a g e | 5  Supporting small businesses, helping them to address financial challenges caused by the pandemic and to make investments in COVID-19 prevention and mitigation tactics, as well as to provide technical assistance. To achieve these goals, recipients may employ this funding to execute a broad array of loan, grant, in-kind assistance, and counseling programs to enable small businesses to rebound from the downturn.  Speeding the recovery of the tourism, travel, and hospitality sectors, supporting industries that were particularly hard-hit by the COVID-19 emergency and are just now beginning to mend. Similarly impacted sectors within a local area are also eligible for support.  Rebuilding public sector capacity, by rehiring public sector staff and replenishing unemployment insurance (UI) trust funds, in each case up to pre-pandemic levels. Recipients may also use this funding to build their internal capacity to successfully implement economic relief programs, with investments in data analysis, targeted outreach, technology infrastructure, and impact evaluations. Replacing lost public sector revenue Many state, local, territorial, and Tribal governments have experienced significant budget shortfalls, which can yield a devastating impact on their respective communities. Faced with budget shortfalls and pandemic-related uncertainty, state and local governments cut staff in all 50 states. These budget shortfalls and staff cuts are particularly problematic, as these entities are on the front lines of battling the COVID-19 pandemic and helping citizens weather the economic downturn. Recipients may use these funds to replace lost revenue. Treasury’s Interim Final Rule establishes a methodology that each recipient can use to calculate its reduction in revenue. Specifically, recipients will compute the extent of their reduction in revenue by comparing their actual revenue to an alternative representing what could have been expected to occur in the absence of the pandemic. Analysis of this expected trend begins with the last full fiscal year prior to the public health emergency and projects forward at either (a) the recipient’s average annual revenue growth over the three full fiscal years prior to the public health emergency or (b) 4.1%, the national average state and local revenue growth rate from 2015-18 (the latest available data). For administrative convenience, Treasury’s Interim Final Rule allows recipients to presume that any diminution in actual revenue relative to the expected trend is due to the COVID-19 public health emergency. Recipients will have the opportunity to re-calculate revenue loss at several points through the program, supporting those entities that experience a lagged impact of the crisis on revenues. Importantly, once a shortfall in revenue is identified, recipients will have broad latitude to use this funding to support government services, up to this amount of lost revenue. Providing premium pay for essential workers ARPA Funds provide resources for eligible state, local, territorial, and Tribal governments to recognize the heroic contributions of essential workers. Since the start of the public health emergency, essential workers have put their physical well-being at risk to meet the daily needs of their communities and to provide care for others. Many of these essential workers have not received compensation for the heightened risks they have faced and continue to face. Recipients may use this funding to provide premium pay directly, or through grants to private employers, to a broad range of essential workers who must be physically present at their jobs including, among others:  Staff at nursing homes, hospitals, and home-care settings  Workers at farms, food production facilities, grocery stores, and restaurants  Janitors and sanitation workers 2021/08/24 City Council Post Agenda Page 301 of 346 P a g e | 6  Public health and safety staff  Truck drivers, transit staff, and warehouse workers  Childcare workers, educators, and school staff  Social service and human services staff Treasury’s Interim Final Rule emphasizes the need for recipients to prioritize premium pay for lower income workers requires specific justification for how it responds to the needs of these workers. In addition, employers are both permitted and encouraged to use Coronavirus State and Local Fiscal Recovery Funds to offer retrospective premium pay, recognizing that many essential workers have not yet received additional compensation for work performed. Staff working for third-party contractors in eligible sectors are also eligible for premium pay. Investing in water, sewer and broadband infrastructure Recipients may use ARPA Funds to invest in necessary improvements to their water and sewer infrastructures, including projects that address the impacts of climate change. Recipients may use this funding to invest in an array of drinking water infrastructure projects, such as building or upgrading facilities and transmission, distribution, and storage systems, including the replacement of lead service lines. Recipients may also use this funding to invest in wastewater infrastructure projects, including constructing publicly owned treatment infrastructure, managing and treating stormwater or subsurface drainage water, facilitating water reuse, and securing publicly owned treatment facilities. Recipients retain substantial flexibility to identify those water and sewer infrastructure investments that are of the highest priority for their own communities. The pandemic has underscored the importance of access to universal, high-speed, reliable, and affordable broadband coverage. Over the past year, millions of Americans relied on the internet to participate in remote school, healthcare, and work. Yet, by at least one measure, 30 million Americans live in areas where there is no broadband service or where existing services do not deliver minimally acceptable speeds. For millions of other Americans, the high cost of broadband access may place it out of reach. The American Rescue Plan aims to help remedy these shortfalls, providing recipients with flexibility to use Coronavirus State and Local Fiscal Recovery Funds to invest in broadband infrastructure. In view of the wide disparities in broadband access, assistance to households to support internet access or digital literacy is an eligible use to respond to the public health and negative economic impacts of the pandemic, as detailed above. Ineligible Uses To ensure that these funds are used for their intended purposes, the American Rescue Plan Act also specifies two ineligible uses of funds:  States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue due to a change in law from March 3, 2021 through the last day of the fiscal year in which the funds provided have been spent. The American Rescue Plan ensures that funds needed to provide vital services and support public employees, small businesses, and families struggling to make it through the pandemic are not used to fund reductions in net tax revenue. Treasury’s Interim Final Rule implements this requirement.  No recipient may use this funding to make a deposit to a pension fund. Treasury’s Interim Final Rule defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, 2021/08/24 City Council Post Agenda Page 302 of 346 P a g e | 7 unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions for employees whose wages and salaries are an eligible use of funds. Treasury’s Interim Final Rule identifies several other ineligible uses, including funding debt service, legal settlements or judgments, and deposits to rainy day funds or financial reserves. Further, general infrastructure spending is not covered as an eligible use outside of water, sewer, and broadband investments or above the amount allocated under the revenue loss provision. While the program offers broad flexibility to recipients to address local conditions, these restrictions help ensure that funds are used to augment existing activities and address pressing needs. Proposed Allocation of Chula Vista American Rescue Plan Funds The City of Chula Vista’s allocation from the ARPA is $57.5 million with the first allocation received in May 2021 in the amount of $28.7 million. The balance of funds is anticipated to be received no earlier than June 2022. Funds must be expended by the end of calendar year 2024. The table below reflects staff’s recommendation for allocation of ARPA funds and detailed descriptions of proposed expenditures follow. Note: Premium Pay to Essential Workers is included in the Governmental Fund Revenue Recovery category and the Premium Pay to Essential Workers category; the total allocation between both categories is $5.59 million.  Revenue Loss ($32.2 million): An eligible use of the ARPA funding is for the replacement of revenue loss of local governments due to the COVID-19 public health emergency. This will ensure continuity of vital government services by filling budget shortfalls as a result of the pandemic. These funds are not allowed to fund the following: o Directly or indirectly offset reduction in net tax revenues; o Contribute to rainy day fund, financial reserves of similar funds; o Into a pension fund; o Payment of interest or principal on outstanding debt instruments incurred prior to March 3, 2021. Category FY 2022 FY 2023 Total Revenue Recovery 32,200,000$ Governmental Funds 14,000,000$ 18,200,000$ Public Health 19,735,250$ HVAC (GGV0261)9,000,000$ 9,500,000$ COVID Testing/Vaccinations 667,625$ 567,625$ Premium Pay to Essential Workers 1,000,000$ 500,000$ 1,500,000$ Economic Development 3,200,000$ Small Business Grants 2,600,000$ -$ Choose Chula 300,000$ -$ Curb/Sidewalk Café Grant 300,000$ -$ Infrastructure 900,000$ Broadband Design (GGV0263)900,000$ -$ TOTAL 28,767,625$ 28,767,625$ 57,535,250$ ARPA Funding Recommendation 2021/08/24 City Council Post Agenda Page 303 of 346 P a g e | 8  Public Health o Heating Ventilation and Air Conditioning ($18.5 million): The Public Works Department contracted with Kitchell to prepare a facilities condition assessment report that included an evaluation of the Heating, Ventilation, and Air Conditioning (HVAC) systems at various City facilities. Included in the report was the recommendation to replace major components of the HVAC system at Police Headquarters. These components are original to the building that was constructed in 2004. Given the critical nature of this building, staff is recommending a single project to address all HVAC replacement and repairs as opposed to addressing HVAC needs at this facility through a phased approach. The ARPA funding will allow the City to address a major capital need and install a system that allows for a higher level of air filtration at a key 24/7 public safety facility providing protection against viruses through the enhanced air filtration unit. Amend the Fiscal Year 2021/22 CIP Program Budget for CIP Project GGV0261 in the ARPA Fund. o COVID Testing/Vaccinations ($1.2 million): On March 13, 2020, the President declared the COVID-19 pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to section 501 (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the “Stafford Act”). Chula Vista was one of the first City’s in San Diego County to proclaim a local emergency due to COVID-19. In response to the disproportionate impact of the pandemic on the South Bay and to better serve and protect the community, the City of Chula Vista opened a City- run public COVID-19 testing site, free to Chula Vista and the surrounding communities. This testing site became one of the highest utilized testing sites in San Diego County due to the dates/hours of availability (Sunday-Thursday, 12pm-8pm). The testing site served the community from October 2020 – April 2021, completing more than 55,000 tests. Through the FEMA Public Assistance program, the Chula Vista Fire Department was able to hire hourly EMTs to perform the testing and the City hired temporary administrative staff to help with the clerical duties of the testing process. As vaccines became available to San Diego County residents, the demand for testing decreased significantly. The City testing site, as well as several other sites around San Diego County were demobilized. Many of the personnel resources were reassigned to focus on vaccine administration. However, because of vaccine hesitancy, new virus variants, and a portion of the population who are not yet eligible for the vaccine, case rates and testing positivity percentage are on the rise. The City must shift our resources to meet the new increased demand for testing and will need funding, to once again, support a testing program and provide vaccinations. The City would like to allocate $900,000 toward the COVID-19 testing program to hire staff, purchase testing materials, including personal protective equipment, and cover any miscellaneous costs that may arise. Miscellaneous costs may include registration system software, paper materials, courier services, etc. Without a cure for COVID-19, the impending flu season, and the need for data- driven decisions, testing remains an integral part in the fight against COVID- 19.  Premium Pay to Essential Workers ($1.5 million): California Government Code declares all government employees Disaster Service Workers who can be called upon in any emergency. Since March 2020 City 2021/08/24 City Council Post Agenda Page 304 of 346 P a g e | 9 employees were called on to respond to the pandemic in both their normal work duties and a variety of activities that are outside of their normal duties (food distribution, COVID testing and vaccination scheduling and site management). Essential Worker Premium is to recognize workers performing essential duties during this public health emergency. As noted above, Premium Pay to Essential Workers is included in this category and in the Governmental Fund Revenue Recovery Category; the total allocation for premium pay for both categories is $5.59 million.  Economic Development ($3.2 million) o Small Business Grant Program ($2.6 million): In summer 2020, as part of inclusive economic development research and pandemic recovery efforts, surveys were sent to residents and business owners to better understand the impacts of the pandemic. Over 576 business owner surveys were received, and 794 community surveys were received which detailed the immediate needs of businesses and the community during the pandemic. The make-up of respondents and their expressed needs was used to inform the program framework and requirements for the Chula Vista CARES Small Business Grant Program which funded 279 small businesses. In summer 2021, a survey was sent to 7,636 businesses with email addresses on file and 180 survey responses were received. Most respondents indicated they would like funds to replenish depleted reserves, cover payroll, rent, equipment, and other debt that has accrued during the pandemic. The survey was also sent to the Third Avenue Village Association for distribution. Staff will bring back for City Council approval a small business grant program that mirrors the program implemented under the CARES Act in 2020 and a recommend partnership with the San Diego Foundation to administer and distribute the funds. Staff proposes to continue to target the businesses that were forced to close during the pandemic but will provide greater detail at a future Council meeting. o Choose Chula App ($0.3 million): Small businesses were disproportionately impacted by the pandemic and providing support to aid in their equitable economic recovery is critical. Staff sought creative ways to bolster a circular economic recovery, increase consumer confidence and provide businesses with marketing support, a key area of help identified in a city-wide business survey. To meet those needs, the Choose Chula small business support app pilot program launched June 15, 2021 with the state-wide reopening. In the first month of the soft launch, over 100 applications were received resulting in 89 businesses being admitted into the app and there were over 1,500 app downloads. ARPA funds will be directed towards continued technology optimization, administration and marketing costs for the program as well as funding the rewards budget that rewards app users with digital Chula Points. o Grants for Curb and Sidewalk Cafes ($0.3 million): At the July 13, 2021 City Council meeting the City Council approved a process to create attractive and accessible curb cafes and sidewalk cafes along the Third Avenue corridor and to offset the cost to permit and construct these facilities and appropriated ARPA funds that are dedicated to a reimbursement grant program for these facilities.  Infrastructure ($0.9 million) o Broadband Design ($0.9 million): As part of stakeholder engagement for the development of the Digital Equity & Inclusion Plan (DEIP), the City of Chula Vista hosted multiple workshops with key community stakeholders to better understand the local digital divide and to uncover opportunities for collaboration on digital equity projects. The first workshop was conducted in July 2019 and included over 50 attendees throughout the San Diego region, including community- based organizations, academic institutions, regional agencies, private businesses, and city staff. In January 2020, the city conducted the second workshop. At this workshop, the city was able to gain feedback from practitioners that advocate on behalf of the needs of a wide group of the city’s population and tailor strategies for the DEIP. The list of workshop attendees included the regional 2021/08/24 City Council Post Agenda Page 305 of 346 P a g e | 10 public agencies, academic institutions, non-profits and private sector, including SANDAG, Port of San Diego, San Diego Airport, City of Carlsbad, Chula Vista Elementary School District, T-Mobile, AT&T, Verizon, Cleantech San Diego, Computers 2 Kids, and the San Diego Futures foundation. This item will begin implementing the City’s Digital Equity and Inclusion Plan and Telecommunications Master Plan by getting engineering and construction documents prepared that will be able to provide high-speed WIFI to the public at all City facilities in the future. Staff will look to future grant opportunities of the proposed Federal infrastructure bill to fund construction. Staff is recommending an amendment to the Fiscal Year 2021/2022 CIP Program Budget for CIP Project GGVO263 in the ARPA Fund. Staff’s proposed allocation of ARPA funds are all allowable uses under the Final Rule issued by the Treasury. The proposed allocation was strategically created to reduce the effort to provide ongoing reporting of expenditures to the Treasury and provides the city greater flexibility in how to allocate the revenue recovery funds to projects and programs that are important to our community. This action proposes to appropriate $28.76 million from the ARPA funds into the above-mentioned categories. The remaining $28.76 million will be included in the FY2022/2023 budget as indicated in the ARPA Funding Recommendation Table. Proposed Allocation of Chula Vista Revenue Recovery Funds The replacement of lost revenues represents a unique opportunity to reallocate revenue recovery funds towards infrastructure projects, operational support and economic development activities. The proposed list of projects was selected from a larger list that was submitted to the City Manager’s office by each department. The City Manager’s office reviewed the list and prioritized projects that represented a risk to the General Fund, provided operational support and invested in key economic development projects such as the University and Innovation District project. The table below reflects staff’s recommendation for allocation of the Revenue Recovery funds: 2021/08/24 City Council Post Agenda Page 306 of 346 P a g e | 11 Note: Premium Pay to Essential Workers is included in the Governmental Fund Revenue Recovery category and the Premium Pay to Essential Workers category; the total allocation between both categories is $5.59 million.  Operational Support ($7.29 million) o Development Services Fund Revenue Recovery ($1.0 million): This funding will be used to offset personnel and contract costs incurred by the Development Services Fund in providing public services. Such services include providing permitting and code information to the general public, as well as processing and issuing various permits and conducting related inspections. Funds will also be used to digitize permit records, increasing ease of access to public records, and to support continued automation efforts, increasing permitting efficiency. o Essential Worker Premium ($4.09 million): California Government Code declares all government employees Disaster Service Workers who can be called upon in any emergency. Since March 2020 City employees were called on to respond to the pandemic in both their normal work duties and a variety of activities that are outside of their normal duties (food distribution, COVID testing and vaccination scheduling and site management). Essential Worker Premium is to recognize workers performing essential duties during this public health emergency. o New positions ($2.2 million): A number of new positions, as detailed in following table, are being recommended to be added to the General Fund staffing to support operations and the delivery of projects. Category FY 2022 FY 2023 FY 2024 Total Operational Support 7,290,000$ Development Services Fund -$ 1,000,000$ -$ COVID Premium pay 2,900,000$ 345,000$ 845,000$ Funding new positions 350,000$ 350,000$ -$ PW Proj Management-Non CIP Proj (PWP0001)1,000,000$ 500,000$ -$ Infrastructure 21,500,000$ Main Street Fiber (GGV0258)300,000$ -$ -$ Telegraph Canyon Culvert Repair (DRN0208)3,200,000$ 9,000,000$ -$ Loma Verde Reconstruction (GGV0247)4,000,000$ 4,000,000$ -$ Rehabiliation of the YMCA Building (GGV0262)1,000,000$ -$ -$ Economic Development 3,410,000$ Public Art Grants(Library)400,000$ -$ -$ Starlight Parade 200,000$ -$ -$ Equity and Inclusion 100,000$ 100,000$ -$ University Innovation Center/Recruitment 550,000$ 2,060,000$ -$ TOTAL 14,000,000$ 17,355,000$ 845,000$ 32,200,000$ Governmental Fund Revenue Recovery Recommendation 2021/08/24 City Council Post Agenda Page 307 of 346 P a g e | 12 The position being proposed in the Information and Technology Department is critical to manage and protect the city-wide network as we begin to implement the Telecommunications Master Plan. Included in the funding is a 1.0 Chief Information Security Officer whose position will be utilized along with a Sr. Network Engineer to significantly strengthen the City’s information security posture and ensure alignment with the National Institute of Standards and Technology (NIST) to help thwart cyber security threats such as Ransom Ware attacks on the City’s critical infrastructure. This position is not offset by revenues so is proposed to be funded initially by unrestricted reimbursement from ARPA to the General Fund. The annual estimated cost for this position is $176,282 and will be funded by unrestricted reimbursement from ARPA to the General Fund. The position being proposed in the Finance Department is 1.0 Sr. Management Analyst that may be partially offset through grants but since all grants have different requirements this position is proposed to be initially funded by the General Fund. The position will be coordinating ARPA reporting and compliance requirements on behalf of the City. Ensuring APRA spending complies to all applicable program rules, providing technical support to other city departments, coordinating reporting to the Department of Treasury and assist with related program audits. This person will serve as a central grant coordinator, a position that currently does not exist when ARPA expires. The annual estimated cost for this position is $126,000 and will be funded by unrestricted reimbursement from ARPA to the General Fund. The positions being proposed in Public Works are needed given the time constraints associated with ARPA monies and the need to deliver projects at a faster pace and to address high priority projects. Staff recommends establishing a Project Management team in the Public Works Department in order to centralize project management. This will create a more efficient project delivery method. The Project Management team will be comprised of 1.0 Building Project Manager, 2.0 Building Project Supervisors, and 1.0 Management Analyst. The estimated annual cost for these positions is $485,000 and will be funded by unrestricted reimbursement from ARPA to the General Fund. These positions will be included in the City’s long-term financial plan as a general fund cost starting after project delivery but no later than 2026 when current funding sources are set to expire. Staff recommends creating a non-CIP project (PWP0001) in the Capital Improvement Projects fund for a total of $1.5 million which will be used to offset costs for these new positions while they are working on the above mentioned project; funds will be transferred from this project to the General Fund to offset the PW Project Management expenses on an annual basis. Engineering and Capital Projects Department is tasked with delivering $49.2 million in new capital projects approved as part of the FY2021/22 Capital Improvement Program in addition to the projects recommended above. Given the deadline associated with the ARPA funding requiring prompt project delivery, additional staff is needed to support the increase in the Capital Improvement Program and not affect service delivery of other projects, including Measure P and the Bayfront development. The following positions including required equipment are proposed to be added to the Construction Inspection Section: 1.0 Senior Civil Engineer, 2.0 Associate Engineers, 1.0 Senior Building Inspector and the reclassification of an existing Senior Engineering Technician to 1.0 Senior Fiscal Office Specialist. These positions will be funded by reimbursements from various projects being delivered under ARPA, Measure P and Bayfront Redevelopment. The required equipment is estimated at $160,000 dollars and will be funded by unrestricted reimbursement from ARPA to the General Fund. These positions will be included in 2021/08/24 City Council Post Agenda Page 308 of 346 P a g e | 13 the City’s long-term financial plan as a General Fund cost starting after project delivery but no later than 2026 when funding sources expire.  Infrastructure ($21.5 million) o Main Street Fiber ($0.3 million): The funding will allow the City to connect City facilities (Otay Recreation Center, Animal Shelter and Public Works Facility) to the existing fiber backbone located at City Hall. This will allow the future opportunity to provide free high speed WIFI to the public at the Otay Recreation Center. Amend the Fiscal Year 2021/2022 CIP Program Budget for CIP Project GGV0258 in the Capital Projects Fund. o Telegraph Canyon Channel from Hilltop Park to Third and L Street ($12.2 million): The need for Telegraph Canyon Channel improvements was identified as part of the Measure P asset management program. To help identify the needs of our community and to evaluate the state of our infrastructure, the City formed the Asset Management Program Advisory Committee (AMPAC) in March 2014. The committee continues to provide input into setting priorities for the Asset Management Program. Members of the AMPAC are residents, business owners, community leaders, and stakeholders. AMPAC members visited various asset management systems and observed and discussed the issues associated with each system. AMPAC reviewed the City’s overall Asset Management Program methodology and helped to guide and reach consensus on how to address infrastructure deficits. A technical committee was formed within AMPAC to further engage the public in the understanding and review of the asset management methodologies and logic used to define preservation and restoration costs and schedules. A comprehensive inventory of assets took place for each asset management system. Where accessible, assets were visited, and their conditions were assessed. Based on the condition, actions required to restore the asset were identified, and the cost and timing were estimated. Through assessment of risk (probability and consequence of failures), activities were prioritized and communicated regarding urgency and the financial and resource requirements. In July and August 2015, the City of Chula Vista engaged a research firm to conduct a public opinion survey to identify resident priorities and secure input on potential local funding mechanisms (bond or sales tax) to upgrade, repair and maintain critical infrastructure. In addition, a survey mailer was Department Position FTE Changes Public Works Building Project Manager 1.0 Building Project Supervisors 2.0 Management Analyst II 1.0 Engineering/ Capital Projects Senior Civil Engineer 1.0 Associate Engineer 2.0 Senior Building Inspector 1.0 Senior Fiscal Office Specialist 1.0 Senior Engineering Technician (1.0) Finance Senior Management Analyst 1.0 Information Technology Chief Information Security Officer 1.0 TOTAL FTE Changes 10.0 2021/08/24 City Council Post Agenda Page 309 of 346 P a g e | 14 distributed to 54,000 households and an online version posted on the City website from January through May 2016 to secure broad public input on infrastructure priorities. More than 3,000 responses were received. The Telegraph Canyon existing storm drain system is not adequate to convey water during a 100-year peak flow event requiring significant drainage improvements to be made to protect both private and public facilities. Amend the Fiscal Year 2021/2022 CIP Program Budget for CIP Project DRN0208 in the Capital Projects Fund. o Loma Verde Recreation Center ($8.0 million). The project is to demolish and reconstruct the existing recreation center to provide the following: a new multi-purpose gymnasium, dance rooms, crafts room, fitness room, classroom space, game room, hard courts, restrooms, changing rooms, staff offices, lifeguard staff room, break room, new pool mechanical equipment, wet and dry storage, replacement pool and associated pool deck area. The City held fourteen (14) community engagement events in 2019 promoting the project. Events ranged from a booth at the “Day of the Child” Community Event, Measure P Citizens Oversight Committee, District 4 Town Hall meeting, Stakeholder meeting at Loma Verde School and Castlepark High School, Healthy Chula Vista Advisory Commission and “Cafecito” (Coffee Time) at the New Direction Family Resource Center and Fair Winds Resource Center. The Parks and Recreation Commission reviewed the project during their meeting held on January 21, 2021 and voted unanimously to approve the design for segments 1 and 2 of the Center. On April 22, 2021, the COC recommended approval of the Measure P spending plan for FY21/22 through FY 26/27 by a vote of 13-1 including appropriating funds to construct segments 1 and 2 of the Center and to complete the design and preparation of construction documents for the Center’s segment 3. Project funding recommended to date by the COC totals $16.22 million. On August 10, 2021 the City Council unanimously approved $8 million in funding from revenue recovery of ARPA to the General Fund. Amend the Fiscal Year 2021/2022 CIP Program Budget for CIP Project GGV0247 in the Capital Projects Fund. o Rehabilitation of the former YMCA Building ($1 million): The project is to develop a space that supports an opportunity for the Chula Vista Arts Community to showcase work and gatherings, where the community feels welcome and can experience art and culture. The focus of the building will be to create intergenerational collaborative opportunities while also supporting the development of opportunities for artists in residence. The building will be an opportunity for the Chula Vista arts community to grow their skills and showcase their talent. Amend the Fiscal Year 2021/2022 CIP Program Budget for CIP Project GGV0262 in the Capital Projects Fund.  Economic Development ($3.41 million) o Public Arts Grant ($0.4 million): The Public Arts Grant is proposed for two purposes. The first $300,000 will be to support the local artists who were directly impacted by the loss of the City of Chula Vista’s Performing Visual Arts Grant. Each year, the program would grant monies directly to artists to perform/create within city limits to support the following: 1. To increase public awareness of, and participation in, performing and cultural arts in our community 2. To support individuals/groups/agencies/organizations that can provide the most accessibility to the cultural arts 3. To encourage the growth of local arts resources 4. To support and encourage new organizations and individuals applying for funding 5. To promote cooperation and collaboration among the Chula Vista Public Library and local schools and performing and visual arts individuals/groups/agencies/organizations 2021/08/24 City Council Post Agenda Page 310 of 346 P a g e | 15 6. To develop cultural venues which will attract both residents and tourists 7. To serve the cultural needs of the community 8. To broaden and leverage public and private support for the performing arts 9. To maintain and preserve the City’s artistic cultural and historic heritage 10. To support exemplary community arts education The requested amount would be granted to the arts community in a similar fashion to the grant program, where artists would be paid to create/perform art within our community. Our goal is to continue to promote and stimulate the growth of performing and cultural arts within the City of Chula Vista through a grant application process for local performing and visual arts groups and individuals. The grant fund supports art projects such as: dance, design arts, media arts, music, photography, theater, traditional/folk arts and visual arts, or interdisciplinary expressions involving more than one of the above fields. The remaining $100,000 will be allocated for the Small Business Art Incentive Program. Our goal is supporting our local businesses and artists by providing an incentive for local businesses to purchase art for their businesses that are created directly from our local artists within Chula Vista to further stimulate the art economy. Starlight Parade ($0.2 million) The Starlight Parade is City-sponsored events where the City Council commits funding, staffing and other in-kind support for these annual celebrations. These beloved events were cancelled in 2020 and these funds will help reactivate events for local and regional residents and visitors. The Starlight Parade has been a cherished community event for more than 50 years and has brought tens of thousands of people to Chula Vista. The 2019 Starlight Parade attracted more than 30,000 people to Third Avenue and resulted in activating businesses, restaurants, and pubs while promoting community engagement, generating widespread media coverage and social media attention, and promoting sponsor support. Parade entries included spectacular floats and entries including schools, bands, dance groups, music performances, veterans and military groups, car clubs, local merchants, and more. After cancelling the December 2020 parade, we expect thousands of spectators and parade participants. The return of the Starlight Parade will celebrate our businesses and community as we emerge from the pandemic and bring the magic and spirit of the holidays to the historic Chula Vista Third Avenue Village. o Equity and Inclusion ($0.2 million): The City has embarked upon advancing intentional equity and inclusion efforts to unify existing projects and programs and create a future action plan to ensure equitable practices in all facets of city operations. This funding would be allocated towards third party assistance in facilitating discussions and collaborating with internal and external stakeholders to create a broader city-wide approach that may result in an Equity and Inclusion Action Plan. The Equity and inclusion effort are being pursued in conjunction with the City Manager’s acceptance into the Leadership Institute on Race, Equity and Inclusion led by the ICMA, Kettering Foundation and National Civic League. o University Innovation Center and Recruitment ($2.61 million): This funding will serve as a catalyst tool for recruiting and seeding the University. One concept is the development of an innovation center at the Chula Vista Elite Athlete Training Center (CVEATC) in the interim to establish a physical presence on the university site. Establishing the Innovation Center at the CVEATC solidifies the valuable relationship between the existing asset of CVEATC and the planned University-Innovation District. 2021/08/24 City Council Post Agenda Page 311 of 346 P a g e | 16 Conclusion Staff carefully evaluated the allowable uses of ARPA funds to ensure they could be leveraged to the fullest extent possible for the community on unfunded projects that pose a threat to the General Fund. Staff believes the proposed spending plan makes critical investments in economic development, small business recovery, strategic infrastructure projects, operational support and public health while working to minimize arduous federal reporting requirements through the revenue recovery approach described in the report. Most importantly, the proposed spending plan prioritizes the importance of equity as we work towards a community recovery from the COVID-19 health and economic crises. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The City of Chula Vista received $28,767,625 from the Department of Treasury from the American Rescue Plan that will be used to assist in offsetting some of the anticipated impacts due to COVID 19 crisi s. Based on the Proposed Chula Vista Allocation Plan staff is recommending the following appropriations by Fund which includes $945,225 staff time reimbursements from project funds: Fund Budget Adjustments Summary PERSONNEL SUPPLIES &OTHER OTHER CIP TRANSFERS NON-CIP TOTAL TRANSFERS REIMB TOTAL SERVICES SERVICES EXPENSES CAPITAL BUDGET OUT BUDGET EXPENSE IN REVENUES REVENUE NET COST American Rescue Plan 2021 1,000,000$ 667,625$ 3,200,000$ -$ 9,900,000$ 14,000,000$ -$ 28,767,625$ 28,767,625$ -$ General Fund 3,275,122 860,000 400,000 205,000 4,740,122 3,794,897 945,225 4,740,122 - Capital Improvement Fund - - - - 8,500,000 - 1,000,000 9,500,000 9,500,000 - 9,500,000 - Transportation Grants-Gas Tax 3,348 - - - - - - 3,348 3,348 - 3,348 - 2018 Measure A Sales Tax 267,023 - - - - - - 267,023 267,023 - 267,023 - Advanced Life Support Program 5,022 - - - - - - 5,022 5,022 - 5,022 - Federal Grants 71,982 - - - - - - 71,982 71,982 - 71,982 - State Grants 18,515 - - - - - - 18,515 18,515 - 18,515 - Environmental Services 13,392 - - - - - - 13,392 13,392 - 13,392 - Chula Vista Housing 6,696 - - - - - - 6,696 6,696 - 6,696 - Central Garage Fund 16,740 - - - - - - 16,740 16,740 - 16,740 - City Jail 25,110 - - - - - - 25,110 25,110 - 25,110 - Development Services Fund 103,788 - - - - - - 103,788 103,788 - 103,788 - Transport Enterprise 93,135 - - - - - - 93,135 93,135 - 93,135 - Sewer Service Revenue 80,352 - - - - - - 80,352 80,352 - 80,352 - TOTAL OTHER FUNDS 4,980,225$ 1,527,625$ 3,600,000$ 205,000$ 18,400,000$ 14,000,000$ 1,000,000$ 43,712,850$ 14,000,000$ 945,225$ 43,712,850$ -$ FUND 2021/08/24 City Council Post Agenda Page 312 of 346 P a g e | 17 ONGOING FISCAL IMPACT The remaining $28,767,625 American Rescue Plan allocation will be included in the Fiscal Year 2023 and Fiscal Year 2024 proposed budgets for City Council consideration. ATTACHMENTS None. Staff Contact: Eric C. Crockett, Deputy City Manager Willian Valle, Director of Engineering and Capital Projects Matt Little, Director of Public Works Tracy McCraner, Interim Director of Finance PERSONNEL SUPPLIES &OTHER OTHER TOTAL TOTAL SERVICES SERVICES EXPENSES CAPITAL EXPENSE REVENUE NET COST City Council 15,066$ -$ -$ -$ 15,066$ 15,066$ -$ City Clerk 10,044 - - - 10,044 10,044 - City Attorney 28,458 - - - 28,458 28,458 - Administration 13,392 200,000 - - 213,392 213,392 - Information Technology 230,132 - - - 230,132 230,132 - Human Resources 33,480 - - - 33,480 33,480 - Finance 198,546 - - - 198,546 198,546 - Animal Care Facility 41,850 - - - 41,850 41,850 - Economic Development 20,088 100,000 - - 120,088 120,088 - Non-Departmental 33,480 550,000 - - 583,480 583,480 - Engineering/Capital Projects 493,237 - - 160,000 653,237 653,237 - Police 1,002,921 - - - 1,002,921 1,002,921 - Fire 507,310 - - - 507,310 507,310 - Public Works 469,674 10,000 - 45,000 524,674 524,674 - Parks and Recreation 133,920 - - - 133,920 133,920 - Library 43,524 - 400,000 - 443,524 443,524 - TOTAL GENERAL FUND 3,275,122$ 860,000$ 400,000$ 205,000$ 4,740,122$ 4,740,122$ -$ General Fund Budget Adjustments Summary DEPARTMENT/GENERAL FUND Total General Fund allocation includes reimbursements from other funds for Engineering and Public Work Department positions for approximately $945,225 . Summary of CIP Program Budget Amendments Project Project Description Amount GGV0258 Fiber Optic Comm to City Facilities along Main St 300,000$ DRN0208 Prelim Eng & Env Stds Telegraph Canyon 3,200,000 GGV0247 Loma Verde Aquatic and Recreation Center 4,000,000 GGV0262 50 N 4th Rehab (former YMCA)1,000,000 GGV0263 Broadband Design 900,000 GGV0261 Police Department HVAC Replacement 9,000,000 Total 18,400,000$ Summary of Non-CIP Program Budget Amendment Project Project Description Amount PWP0001Public Works Project Management 1,000,000$ Total 1,000,000$ 2021/08/24 City Council Post Agenda Page 313 of 346 P a g e | 18 Tracy Lamb, Director of Community Services Courtney Chase, Director of Human Resources Joy Whatley, City Librarian 2021/08/24 City Council Post Agenda Page 314 of 346 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACCEPTANCE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS ESTABLISHED BY THE AMERICAN RESCUE PLAN ACT OF 2021 ALLOCATION OF $28,767,625 FROM THE UNITED STATES DEPARTMENT OF TREASURY AND APPROPRIATING FUNDS IN FISCAL YEAR 2021/22 WHEREAS, in May 10, 2021, as a result of the COVID-19 virus, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021 (ARPA); and WHEREAS, ARPA is designed to deliver $350 billion to state, local, territorial, and Tribal governments to bolster their response to the COVID-19 emergency and its economic impacts; and WHEREAS, the City of Chula Vista will receive $57,535,251 in two tranches with $28,767,625 provided in May 2021 and the remaining $28,767,625 to be received twelve months later; and WHEREAS, eligible categories of ARPA expenditures include:  Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff;  Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector;  Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic;  Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and,  Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet. WHEREAS, ineligible categories of APRA expenditures are;  States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue due to a change in law from March 3, 2021 through the last day of the fiscal year in which the funds provided have been spent. The American Rescue Plan ensures that funds needed to provide vital services and support public employees, small businesses, and families struggling to make it through the pandemic are not used to fund reductions in net tax revenue. Treasury’s Final Rule implements this requirement. 2021/08/24 City Council Post Agenda Page 315 of 346 Resolution No. Page 2  No recipient may use this funding to make a deposit to a pension fund. Treasury’s Final Rule defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions for employees whose wages and salaries are an eligible use of funds. WHEREAS, the City of Chula Vista’s total allocation is $57,535,251 and the City’s use of these funds must comply with ARPA grant requirements; and WHEREAS, prior to acceptance of these funds, the City had to submit a Financial Assistance Agreement in order to receive the funds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it: (i) authorizes the acceptance of $28,767,625 in Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021 (ARPA) from the United States Department of Treasury; (ii) authorizes the appropriations of such funds to an interest bearing fund labeled American Rescue Plan 2021 with expenditures to be made in accordance with ARPA allocation plans presented in the staff report for this item, subject to modifications by the City Manager that may be necessar y or appropriate to assure expenditure of all available funds in a qualified and timely manner; (iii) hereby amend the fiscal year 2021/2022 CIP Program Budget; (iv) hereby amend the fiscal year 2021/2022 operating and CIP Budget; (v) and hereby approve the following appropriations and transfers: 2021/08/24 City Council Post Agenda Page 316 of 346 Resolution No. Page 3 Presented by Approved as to form by MARIA KACHADOORIAN GLEN R. GOOGINS City Manager City Attorney Summary of CIP Program Budget Amendments Project Project Description Amount GGV0258 Fiber Optic Comm to City Facilities along Main St 300,000$ DRN0208 Prelim Eng & Env Stds Telegraph Canyon 3,200,000.00 GGV0247 Loma Verde Aquatic and Recreation Center 4,000,000.00 GGV0262 50 N 4th Rehab (former YMCA)1,000,000.00 GGV0263 Broadband Design 900,000.00 GGV0261 Police Department HVAC Replacement 9,000,000.00 Total 18,400,000$ Summary of Non-CIP Program Budget Amendment Project Project Description Amount PWP0001 Public Works Project Management 1,000,000$ Total 1,000,000$ 2021/08/24 City Council Post Agenda Page 317 of 346 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNTS IN VARIOUS DEPARTMENTS WITH A NET INCREASE IN AUTHORIZED STAFFING WHEREAS, ten (10) new positions are being recommended to be added to the General Fund staffing to support operations and the delivery of projects; WHEREAS, two of the proposed classifications (in Finance and Information Technologies Departments) are critical positions to manage all the reporting requirements of the grants received by the City and to protect the city-wide network as we begin to implement the Telecommunications Master Plan; WHEREAS, additional positions being proposed in the Public Works Department are needed given the time constraints associated with ARPA monies and the need to deliver projects at a faster pace and to address high priority projects and therefore, staff recommends establishing a Project Management team in the Public Works Department in order to centralize project management; and WHEREAS, the Engineering and Capital Projects Department is tasked with delivering $49.2 million in new capital projects approved as part of the FY2021/22 Capital Improvement Program and given the deadline associated with the ARPA funding requiring prompt project delivery, additional staff is needed to support the increase in the Capital Improvement Program and not affect service delivery of other projects, including Measure P and the Bayfront development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the Fiscal Year 2021-2022 authorized position count in the various departments with a net increase in authorized staff as follows: Department Position Title FTE Engineering Associate Engineer 2.00 Building Inspector 1.00 Senior Civil Engineer 1.00 Senior Engineering Technician -1.00 Senior Fiscal Office Specialist 1.00 Finance Management Analyst II 1.00 Information Technology Cyber Security Position (Title TBD) 1.00 Public Works Building Project Manager 1.00 Building Project Supervisor 2.00 Management Analyst II 1.00 Total City-Wide Position Changes (Net Increase/Decrease) 10.00 Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources City Attorney 2021/08/24 City Council Post Agenda Page 318 of 346 Item 8.3 – Revised Resolution RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNTS IN THE VARIOUS DEPARTMENTS WITH A NET INCREASE (10 POSITIONS) IN AUTHORIZED STAFFING WHEREAS, ten (10) new positions are being recommended to be added to the General Fund staffing to support operations and the delivery of projects; and WHEREAS, two of the proposed classifications (in Finance and Information Technologies Departments) are critical positions to manage all the reporting requirements of the grants received by the City and to protect the city-wide network as we begin to implement the Telecommunications Master Plan; and WHEREAS, additional positions being proposed in the Public Works Department are needed given the time constraints associated with ARPA monies and the need to deliver projects at a faster pace and to address high priority projects and therefore, staff recommends establishing a Project Management team in the Public Works Department in order to centralize project management; and WHEREAS, the Engineering and Capital Projects Department is tasked with delivering $49.2 million in new capital projects approved as part of the FY2021/22 Capital Improvement Program and given the deadline associated with the ARPA funding requiring prompt project delivery, additional staff is needed to support the increase in the Capital Improvement Program and not affect service delivery of other projects, including Measure P and the Bayfront development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the Fiscal Year 2021-2022 authorized position count in the various departments with a net increase in authorized staff: Department Position Title FTE Engineering Associate Engineer 2.00 Senior Building Inspector 1.00 Senior Civil Engineer 1.00 Senior Engineering Technician -1.00 Senior Fiscal Office Specialist 1.00 Finance Senior Management Analyst Management Analyst II 1.00 Information Technology Cyber Security Position (Title TBD) 1.00 Public Works Building Project Manager 1.00 Building Project Supervisor 2.00 Management Analyst II Senior Management Analyst II 1.00 2021/08/24 City Council Post Agenda Page 319 of 346 Total City-Wide Position Changes (Net Increase/Decrease) 10.00 Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources City Attorney 2021/08/24 City Council Post Agenda Page 320 of 346 American Rescue Plan Act Chula Vista's Proposed Spending Plan O f f i c e o f t h e C i t y M a n a g e r P r e s e n t e d B y : E r i c C . C r o c k e t t , D e p u t y C i t y M a n a g e r 2021/08/24 City Council Post Agenda Page 321 of 346 Eligible Uses for Fiscal Recovery Funding T o r e sp o n d to t h e pub li c h e a l th eme rg e n c y w it h r e s pect t o C O V I D -1 9 o r it s neg at i ve ec o n o m i c im pac ts , i nc l u d i ng a s s ist a nc e t o h ouseh o l ds, s m a ll b us i n e s s e s a nd non p rofi t s , o r a i d to i mp act e d i n du s t r ies s uc h a s tou r is m , t r a ve l a n d h os p i ta l it y To resp o nd t o wor k e r s p e rf o r m i n g es sen t ia l w o r k d u r in g t h e C O VI D -1 9 pa n d em ic b y provi di ng premiu m p a y t o e l i g ib le w o r kers o f t he lo c a l g o v e r nm e n t p e r f o r mi ng s u c h wor k o r pr o v id i n g gra nts t o e l ig ib l e e mp l oy e r s t ha t ha v e e m p l o y ees per fo r m i n g ess e nt i al w o r k 0 2 F o r th e pr o v i si o n o f gover n m e n t s e r vic e s t o t he e x t e nt o f t h e redu c t i o n i n revenu e of s uc h l o ca l gov e r n men t d u e t o th e C OV ID -1 9 p ub l ic h e a lt h e merg e n cy r e l a t ive t o r e v e n ue s c o llec t e d i n th e m o s t rec en t f ull f i s ca l yea r o f t he l o c al g overn m e nt T o m ak e n e c e s s ary in v e s t men t s in w a ter , s e w e r , or b r o a d ba nd i n f r a s tr u c t u r e w h e ther o r di r e c t ly r e la t e d t o CO V I D-19 S ourc e : US D e p a r t m en t o f t he Trea sury I nt e r i m F in al Rul e L o c al g overn m e nt s c an u s e f u n d i ng o n i t s own ne e d s , b u t c a n a l s o p r o v id e m on e y to c o m m u n it y n o n-pr o f i ts, b u s i nesses a n d or g an i z at i on s fo r e l ig i b l e e xp e ns e s . F u nd s m u s t b e e n c um bered by 12 /3 1 /2 02 4 . 2021/08/24 City Council Post Agenda Page 322 of 346 Supporting the Public Health Response P r o g r a ms t o c o nt a in a n d mi ti g at e t h e s p r e a d o f C OV ID -1 9 V a cci na t ion prog r am s T est i ng Con t ac t t r a c i ng PPE p u r ch a s e s V e n ti l at i o n i mp r o ve m e n t s in k e y s et t in gs Ad dr ess Be ha v ior a l H e al t h ca r e n e e ds Hot l in e s o r w a r m l in e s Cri s i s i n t e r ven t ion S er v i ces or ou t r e ach t o p r o mot e a c cess to h e a lt h an d soci al serv i ce s 0 3Office of t h e C i ty M an ag e r2021/08/24 City Council Post Agenda Page 323 of 346 Addressing the Negative Economic Impacts Deli v e r in g a s si s t an c e to wor k e r s a nd f am i li e s J o b T r a in in g , F ood an d H o usi n g A s s ist a nce Sup por t in g s ma l l b u s in e s s es T ec h ni c al a s s i s ta n ce , gr a nt s, l o a ns, i n -k in d s e r vi c e s Sp e e d i n g t h e r e c o ve ry o f t he t o u r ism , t r avel , a nd h o s p i ta l it y s e ct o r s L o a ns, g r a nt , p r og r a m s , p r o m o t ion Reb u il d i n g p u b l ic sect o r c ap ac i ty Eco n o mi c re li e f prog r am s , d at a an a ly s is, out r e a ch, t e c h nol o gy 0 4Office of t h e C i ty M an ag e r2021/08/24 City Council Post Agenda Page 324 of 346 Replacing Lost Public Sector Revenues Al l o w s r e ci pi e n t s to p r e s u m e t h at a ny d i mi nut i o n i n a c t ua l r e v e nue r el a ti v e t o th e e x p e c t e d t r e n d i s d u e t o th e C O VI D -1 9 pub li c h e al t h e m e r g e nc y 0 5Office of t h e C i ty M an ag e r2021/08/24 City Council Post Agenda Page 325 of 346 Reci pi e n ts m a y u s e t hi s f u n d i ng t o p r o v i d e pr e m iu m p a y di r e c tl y, or t h r o ug h gra nts t o pri v at e em pl o yers, to a bro a d r an ge of e s s e nt i al w o r k e r s w ho m u s t b e phy s ic a lly p r e s e n t at t h e ir j o b s. Sta f f a t n u r s in g hom e s , h o s pi ta l s , a nd h om e -ca r e s e t ti n gs W o r ke rs a t f a rm s , foo d p r o du c t ion f a ci l it i e s , groc e r y s t ores, an d rest a u ra n t s Ja n i t o r s an d s an ita t i o n w o rkers P u b l ic h e a lt h an d s afet y s ta f f 0 6Office of t h e C i ty M an ag e r Premium Pay 2021/08/24 City Council Post Agenda Page 326 of 346 i m p r o v e dri nki n g w a ter i n f r ast r u c tu r e s u c h a s b ui l di ng o r u p g r ad in g f ac i li t ies a n d tr a ns m i s s ion , d i st r ib u ti o n , an d s to r a ge s y s t e ms, in c lud in g th e r e pla c e men t o f lea d s e r vi c e l in e s m a na g i n g a n d t r e ati ng s t o r m w a te r or s ub s u r f ace d r ai na g e w at er , fa c il i ta t in g wa t e r r e u s e , a nd s e c uri n g p ub l ic l y o w n e d tr ea t m en t f ac i li t ies a c c e s s t o un i v e rs al , h ig h -s p e e d, rel i ab le , a n d a f f o r da ble b r o ad b a nd c o v e ra g e W at e r S e w e r B roa db an d 0 7Office of t h e C i ty M an ag e r Investments in Infrastructure 2021/08/24 City Council Post Agenda Page 327 of 346 M ay not u s e t h i s fu n di ng t o d i r e ct l y or i nd irec t l y o f f s e t a r ed u ct i o n i n n e t t ax r e v e nu e . No r e c ip i e nt m ay use th i s f un d in g t o m ak e a dep o s it t o a pe nsi o n fun d 08 Ineligible Uses for Fiscal Recovery Funding S ourc e : US D e p a r t m en t o f t he Trea sury I nt e r i m F in al Rul e2021/08/24 City Council Post Agenda Page 328 of 346 A m e r i c a n R e s c u e P l a n 2 0 2 1 City of Chula Vista's Proposed Spending Plan 2021/08/24 City Council Post Agenda Page 329 of 346 1 0Office of t h e C i ty M an ag e r Proposed American Rescue Plan Funding 2021/08/24 City Council Post Agenda Page 330 of 346 11Office of t h e C i ty M an ag e r Fiscal Year 2021/2022 ARPA Recommendation 2021/08/24 City Council Post Agenda Page 331 of 346 A m e r i c a n R e s c u e P l a n 2 0 2 1 Revenue Recovery 2021/08/24 City Council Post Agenda Page 332 of 346 1 3Office of t h e C i ty M an ag e r Governmental Fund Revenue Recovery Plan 2021/08/24 City Council Post Agenda Page 333 of 346 1 4Office of t h e C i ty M an ag e r Fiscal Year 2021/2022 Revenue Recovery Recommendation Operational Support Infrastructure Economic Development COVID Premium Pay Funding New Positions PW Project Mgmt. (Non-CIP) $2,900,000 $350,000 $1,000,000 Main Street Fiber Telegraph Canyon Culvert Repair $300,000 $3,200,000 $4,000,000Loma Verde Reconstruction YMCA Building Rehabilitation $1,000,000 Public Art Grants (Library) Starlight Parade $400,000 $200,000 Equity and Inclusion $100,000 University Innovation Center Recruitment $550,000 $4,250,000 $8,500,000 $1,250,000 2021/08/24 City Council Post Agenda Page 334 of 346 1 5Office of t h e C i ty M an ag e r New Positions 2021/08/24 City Council Post Agenda Page 335 of 346 Future Considerations O pp o r tun i ti e s c r e at ed b y I n f r astr u c ture I nvestm e nt a nd J ob s Act Al l o ca t ion o f $18.2m o f Reven u e R e covery f o r FY 20 2 2 /2 0 2 3 B u dg e t 1 6Office of t h e C i ty M an ag e r2021/08/24 City Council Post Agenda Page 336 of 346 1 7Office of t h e C i ty M an ag e r Recommendation Adopt resolution Appropriating $28.7 million in American Rescue Plan Funds into the 2021/2022 Budget Appropriating $14 million in American Rescue Plan Funds in Various Governmental Funds amending the FY 2021/2022 budget Adopt resolution Increasing the authorized position counts in the General Fund by 10 2021/08/24 City Council Post Agenda Page 337 of 346 1 8Office of t h e C i ty M an ag e r Delivering Assistance to Workers & Families Food Bank: $15,000: Backpack program: 75 students received weekly food backpacks SBCS Food Distribution: $50,000: 172,310 food packages distributed to local households Child Development and Childcare Assistance: $200,000: 40 Children received services Services for Victims of Domestic Violence: $175,000: 738 (persons) received support. Work for Hope Program: $40,000: Workforce reintegration for 15 homeless individuals Take Back the Street Program: $100,000: Workforce reintegration for 20 homeless Workforce Partnership Tech-to-Hire: $200,000: 34 persons assisted with job training and placement. Homeless Bridge Shelter: $5M: Tenant Based Rental Assistance: 156 Households Emergency Rental Assistance Program $18 million 2021/08/24 City Council Post Agenda Page 338 of 346 2021/08/24 City Council Post Agenda Page 339 of 346 LeahLarrarte From:Webmaster Sent:Friday, August14, 20209:52AM To:CityClerk; AdriannaHernandez Subject:CityofChulaVista: WildlifeAdvisory GroupApplication - Webform Warning: External Anewentrytoaform/surveyhasbeensubmitted. Email FormName: WildlifeAdvisoryGroupApplication Date & Time: 08/14/20209:52AM Response #: 9 SubmitterID: 82894 IPaddress: 2600:1700:2ce0:9740:8096:2dc1:d4af:ea8b Timetocomplete: 4min. , 54sec. SurveyDetails Page1 Applicationformembership ontheWildlifeAdvisoryGroup. 1. Prefix Mr. 2. FirstandLastName RafaelTorres 3. E-mail rjtorres008@gmail.com 4. HomeAddress 1831CrimsonCourt #5 5. City ChulaVista 6. ZIPcode 91913 7. PrimaryPhone 619) 985-2217 1 2021/08/24 City Council Post Agenda Page 340 of 346 8. SecondaryPhone Notanswered 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. Ifyes, inwhichsection ofChulaVistadoyoureside: East (AllterritoryeastofOtayLakesRd/LaMediaRd) 12. HowLong? 29years 13. Presentemployer NavalFacilitiesEngineeringCommand (DepartmentoftheNavy) 14. Occupation EnvironmentalScientist/ProgramManager 15. Applicantsarerequiredtodemonstrate involvementinoneofthefollowingareas. Pleaseindicatewhicharea(s) youhave demonstratedinvolvement: Wildlife-relatedissuessuchashabitatrestorationorwildlifemanagement Ecology, biology, chemistry, waterquality orwatershedprotection Nature-basedorenvironmentaleducationandsimilarfields 16. Pleasedescribeyourinvolvementinthearea(s) youselectedabove. (250wordsorless) Igraduatedin2008withaBSinAtmospheric, Oceanic, andEnvironmentalSciencefromUCLA. Aftergraduation, Iwashired bytheNavyandhavebeeninvolvedinseveralfacetsofenvironmentalscienceandnaturalresourcesmanagementfrom trainingtofieldwork/surveysandenvironmentalauditing. Ihavedevelopededucationalpolicies, standardoperating procedures, andhaveconducted comprehensivetrainings onenvironmentaltopicssuchasairquality, waterquality, hazardous waste, andnaturalresourcesmanagementforvariousmilitarybasesthroughoutCalifornia. Theeducational contentIhaveproducedforwildlifeandnaturalresourcesmanagementhasbeenhostedontheofficialMCASMiramar publicwebsite. IhaveparticipatedinhabitatsurveystoassessEndangeredSpeciesActviolationsandalsohaveexperience completingnestingbirdsurveysonmilitaryinstallations forwildlifemanagement. Regardingwaterqualityprotection, I've conductednumerousstormwaterpollutionprevention surveystoidentifypotentialwaterpollutionsourcesthatcanbe cleanedupbeforepollutingnearby waterways. Oneofmyprimaryresponsibilitiesasanenvironmentalscientistisleading comprehensiveenvironmentalauditsofmilitaryinstallationsacrossthecountrythatevaluate compliancewithfederal, state, andlocalenvironmentallawsgoverningairquality, waterquality, hazardous wastegeneration, oilandpetroleum productsstorage, culturalresources, andnaturalresources (i.e. MigratoryBirdTreatyAct, EndangeredSpeciesAct, and SikesAct). AsanEnvironmental ProgramManager, Ihaveevaluatedseveralnaturalresourcesdocuments suchasINRMPs IntegratedNaturalResourceManagementPlans) andBiologicalOpinionsandissuedguidancedocuments, policies, and trainingtohelpallpeopleinterprettherequirements. 17. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 18. Whichone(s)? Notanswered 2 2021/08/24 City Council Post Agenda Page 341 of 346 19. Haveyoupreviously servedonaChulaVistaBoard/Commission? No 20. Whichones? Notanswered 21. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? No 22. Whichones? Notanswered 23. WhatwouldyouhopetoaccomplishintheroleofaMemberoftheWildlifeAdvisoryGroup? (250wordsorless) AsanearlylifelongresidentofChulaVista, anenvironmentalscientist, andavidhiker, Icaredeeplyaboutprotectingour city'snaturalresourcesforfuturegenerationstoenjoy. Theeverevolvingfieldofenvironmentalscienceandthe corresponding environmentalregulationsandsustainabledevelopmentstrategiesallowustoadvancecommercewhile minimizingourdisruptiontotheBayfront’secosystem. Mystrongestpassionasanenvironmentalscientistisineducating thepublicabouthowourwayoflifeaffectstheenvironment. Mygoalwouldbetoworkwiththecommitteeoncreatinga robustnatureinterpretiveexperienceforallvisitorstotheBayfront. Thisexperiencewould provideacomprehensiverange ofenvironmentaleducation, transcendingtheusualoutdoornatureinterpretivewalkwaysandsignageabuttingthewildlife preservebyincludingsignageandpanelsdescribinglowimpactdevelopmentfeaturesinparkinglotsandotherareasofthe developmentthatpreventstormwaterpollution. Thepurposeofthiswouldbetowidenthescopeofenvironmental awarenesstothevisitors bystressingboththeimportanceofunderstanding thewildlifeinhabitingtheNationalWildlife Refugeanddemonstratinghowresponsible lowimpactdevelopment canpreventpollutantsfromimpactingsensitive habitatsinthefirstplace. I’dlookforwardtoworkingwithothergroupmembers increatingaprojectthatmeetsorexceeds allnaturalresourcemanagementplangoalsandultimatelyrepresents theinterestsofChulaVistaresidentsincreatinga cuttingedgedevelopmentthathighlightsChulaVista’suniqueandscenicenvironmentalsetting. 24. Iunderstandthattobeconsidered, Imustsubmitaresumealongwiththisapplication. RafaelTorresWAGResume.pdf 25. IamfamiliarwiththeresponsibilitiesoftheWildlifeAdvisoryGroup. Iattestthattheinformation Ihaveprovidedis accurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 2021/08/24 City Council Post Agenda Page 342 of 346 Rafael J. Torres Environmental Program Manager NAVFAC Southwest - 937 N. HARBOR DR., SAN DIEGO, CA 92132 HOME: 1831 CRIMSON CT 5 CHULA VISTA, CA 91913 619) 985-2217 Work: rafael.j.torres@navy.mil Personal: rjtorres008@gmail.com EXPERIENCE/WORK HISTORY NAVFAC Southwest, San Diego, CA — Physical Scientist - 1301/12 (Marine Corps Reserves ECE Program Manager for SW Region) JULY 2015 - PRESENT PRIMARY DUTIES Leadership Development Program Cadre Member & Graduate Lead a project to design and develop an Environmental Data Dashboard within EMS Web in collaboration with technical managers from NAVFAC EXWC. Designed a web page user interface, drafted data governance guidance, identified data sources throughout the Environmental Business Line and mapped out data fields for eventual integration into a data analytics platform. Consulted with top managers in the Environmental Business Line in identifying structured and unstructured datasets throughout the organization. Developed and authored a system architecture document defining requirements of a data analytics platform for the Environmental Business Line. Briefed command leadership on data analytics principles, provided future action items necessary to develop a data analytics platform, and provided a status update on my LDP project. Environmental Program Manager for Marine Corps Forces Reserves MARFORRES) sites in the Southwest Region Lead Environmental Compliance Evaluation (ECE) project, providing multimedia technical expertise in air quality, hazardous waste, hazardous materials, stormwater, and SPCC compliance in California and other states in the southwest region. Manage and lead environmental technical support expertise for air quality and hazardous waste regulatory reporting for the Marine Corps Reserve Centers accounts for CERS (California Environmental Reporting System) and for reporting the In-Use Off-road Diesel Fueled Fleet for MARFORRES. Execute role as Program Manager by managing scope, scheduling SKILLS/ACCOMPLISHMENTS EMS Web SharePoint Environmental Auditing MS Office Suite including MS Projects, Visio, and Access Relational Databases WEBCASS AFPIMS Web Development Adobe Captivate Data Analytics Computer programming Public Speaking HONORS/ AWARDS NAVFAC Leadership Development Program (LDP) Cadre Graduate- 2019 Letter of Appreciation from Marine Corps Forces Reserves for Environmental Support - 2017 NAVFAC Notable Achievement Award - 2012 NAVFAC Notable Achievement Award - 2011 2021/08/24 City Council Post Agenda Page 343 of 346 of ECEs, cost, quality control, project resourcing/staffing, environmental risk management, and stakeholder interests. Develop ideas for features to be included in MARFORRES SharePoint auditing and compliance tracking tool. Develop and craft regulatory checklists for the Marine Corps Reserves and provide technical writing guidance for Marine Corps Environmental Standard Operating Procedures. Environmental Subject-Matter Expert Auditor for NAVFAC Southwest Primary EMS and compliance auditor for Integrated EMS and Compliance audits at Navy Region Southwest installations. Lead environmental auditor for BUMED (Bureau of Medicine and Surgery) External Environmental Audits at hospitals and health clinics within the CONUS. Subject matter expert in federal, state, and local environmental regulations, Navy, Marine Corps, and BUMED policies, in addition to Japanese Environmental Governing Standards (JEGS) for external environmental audits. Subject-matter expert auditor for air quality compliance, aboveground storage tanks, and SPCC regulations, hazardous waste, hazardous materials, and ISO 14001 environmental management systems. Environmental Project Manager for Marine Corps Installation Projects Developed In-House Statements of Work, Government Cost Estimates, managed the full project management cycle, executed the project, and generated timely, innovative, and high-quality technical support and deliverables for several Marine Corps installation customers. Project Manager for NAVFAC Southwest’s EMS support project at MCAS Miramar Environmental Division to develop engaging technical environmental content on the public environmental webpage. Project Manager for NAVFAC Southwest’s In-House support of Marine Corps Mountain Warfare Training Center. Built an Environmental Management System and accompanying documents from scratch. Developed a new Environmental Compliance and Protection Operating Procedure (ECPSOP) and Comprehensive Environmental Training Execution Program CETEP) Plan deliverables for the Environmental Department. Project Manager for NAVFAC Southwest’s In-House audit support for Marine Corps Logistics Base Barstow. Developed comprehensive regulatory checklists and executed an Internal Audit and report for the Environmental Department. ADDITIONAL PROJECTS AND ROLES Acted as Interim Air Quality Manager for Naval Base Coronado Environmental in 2017 interacting with internal and external customers for project execution of contracted air quality support ACTIVITIES/COMMUNITY SERVICE UCLA Alumni Volunteering at the San Diego Food Bank UCSD Alumni Elementary School Beautification Project UCLA Alumni Volunteering at Feeding America Run North County Volunteering at Ironman Race UCLA Alumni Volunteer project with Habitat for Humanity NAVY/GOVERNMENT SPONSORED TRAINING 1.Harvard Business School Online Courses 2019 2.Basic HR Training for Supervisors - 2019 3.Project Management Professional Bootcamp - 2019 4.Capitol Hill Workshop 2019 5.AFIT Water Compliance Course 2019 6.Leadership Development Program Conference in Washington, DC - 2019 7.Air Compliance Manager Training from SD Air Pollution Control District - 2017 8.Army Public Health Center Medical Waste Transport Course - 2016 9.NAVFAC-sponsored Tank Manager Training - 2016 10.CECOS Advanced Environmental Law NEPA Course - 2013 11.CECOS Integrated EMS and Compliance Auditing - 2012 12.CTC Environmental 2021/08/24 City Council Post Agenda Page 344 of 346 at the installation. Initiated idea for Monthly Environmental Brown Bag Training Sessions at NAVFAC Southwest and presented first training on data analytics using MS Excel Pivot Tables. Managed and led an internal environmental compliance evaluation (ECE) for MCLB Barstow to provide environmental compliance technical expertise on air quality and all environmental media programs. Co-authored new NAVFAC Headquarters Internal Audit instruction/BMS by collaborating with a team of NAVFAC SMEs from across the country. Developed technical environmental compliance checklists using RegScan and Navy Listbuilder to provide to Navy and Marine Corps customers to review their adherence to air emission regulations, instructions, and regulations in addition to all other environmental media.. Created and authored a comprehensive guide for conducting Navy compliant EMS audits that is used as a course material for Civil Engineering Corps Officer School (CECOS) EMS Auditing courses. Instructor for a portion of the CECOS Advanced Environmental Management course providing information to practice owners and management offices for use in decision-making. Provide ideas and input to the Environmental Management System (EMS) working group and sub-groups that are dedicated to improving EMS Web technology infrastructure. NAVFAC Southwest, Coronado, CA — Physical Scientist 1301/12 (EMS Coordinator) JUNE 2010- JULY 2015 Conducted inspections of air quality permitted sites and hazardous waste holding facilities and provided customer consultation and advice on how to maintain compliance with local San Diego Air Pollution Control District permit rules, Resource, Conservation, and Recovery Act (RCRA), Spill Prevention Containment and Countermeasure (SPCC) regulation, and other county-level regulatory requirements. Supported external regulators during inspections by local regulatory agencies for various permitted activities at Naval Base Coronado. Presented briefs to command leadership and management and provided regular training on air quality compliance, water quality, hazardous waste, natural resources conservation and environmental management systems in training workshops for practice owners. Supported wildlife biologists in completing nesting bird surveys at Naval Base Coronado and provided training sessions and materials for educating base personnel on natural resources conservation. Implemented an ISO 14001 based Environmental Management Contracting - 2011 13.CECOS Advancing an Effective EMS - 2010 14.CECOS Integrated EMS and Compliance Auditing - 2010 15.DAU Facilities Engineering 201 - 2010 16.DAU Acquisition 101 - 2010 FOREIGN LANGUAGES Spanish 2021/08/24 City Council Post Agenda Page 345 of 346 System framework for Naval Base Coronado and authored the standard operating procedure instructions necessary. Managed an online training portal, created original training modules, and held training sessions for military and civilian customers to provide technical expertise in air compliance issues, policies, and regulations amongst other environmental topics.. Designed and created a relational MS Access database used to track all department activities including inspections, training, and permits. Provided quality control and assurance on all data entered into Access and online metrics databases. Completed metrics reports for management to meet quarterly data call deadlines. Subject matter expert for environmental management system portion of Integrated Environmental Audits for installations in Commander Navy Region Southwest. Participated in conducting biological surveys aimed at identifying Endangered Species Act violations. Developed several guidance documents for natural resources conservation, hazardous waste management, and petroleum and other lubricant (POL) storage. Drafted Technical Analyses (TA) for government contract award and gained experience with contract negotiations. Reviewed government cost estimates to pinpoint redundancies in project plans and adjusted contract plan levels of effort to optimize the use of government funds. Responsible for all Government Purchase Cardholder engagements for the environmental office at Naval Base Coronado. EDUCATION University of California, San Diego— Professional Certificate in Accounting 2012 - 2014 Completed curriculum from beginning to advanced accounting, managerial accounting, forensic accounting, taxation, and financial auditing. University of California, Los Angeles — B.S. Atmospheric, Oceanic, and Environmental Sciences 2004 - 2008 Completed curriculum in oceanography, computer programming, physics, chemistry, calculus, statistics, and air pollution with an emphasis in meteorology and atmospheric sciences. 2021/08/24 City Council Post Agenda Page 346 of 346