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
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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
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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
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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
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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.
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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.
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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
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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 $17,250,340.61 for both rent and utility assistance. This will provide assistance to Chula
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Vista low-income renters, as quickly as possible, and represents the most efficient path to meeting the
required timelines. The balance of the available ERA2and SRA2 funds may be allocated as follows:
ERA2 ACTIVITIES AMOUNT ($)
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.
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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
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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.
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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).)
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City of Chula Vista
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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).)
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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).)
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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
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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.
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City of Chula Vista
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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)
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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
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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.
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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.
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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
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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
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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
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MONTAGE PARK
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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
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MONTAGE PARK
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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
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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)
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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
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MONTAGE PARK - PARK MASTER PLAN
SECTIONS
Section A-A'Section B-B'
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MONTAGE PARK
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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
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MONTAGE PARK
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MONTAGE PARK - PARK MASTER PLAN
REGIONAL TRAIL
2021/08/24 City Council Post Agenda Page 87 of 346
MONTAGE PARK
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MONTAGE PARK - PARK MASTER PLAN
VIEW DOWN PASEO
GROVE
2021/08/24 City Council Post Agenda Page 88 of 346
MONTAGE PARK
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MONTAGE PARK - PARK MASTER PLAN
PLAZA
2021/08/24 City Council Post Agenda Page 89 of 346
MONTAGE PARK
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MONTAGE PARK - PARK MASTER PLAN
CHARACTER IMAGERY
SHADE STRUCTURE
PICNIC AND LOUNGE SEATING MULTI-PURPOSE LAWN
STEPPED SEATING
PROPOSED WITH
RECYCLED PLASTIC
LUMBER
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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
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MONTAGE PARK
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MONTAGE PARK - PARK MASTER PLAN
TRELLIS OPTIONS
OPTION 1 OPTION 2 OPTION 3
OPTION 4 OPTION 5
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MONTAGE PARK
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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
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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
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MONTAGE PARK
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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
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MONTAGE PARK
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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.
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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.
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Regional Task Force on the Homeless
Contract No. HHAP-2021-City of Chula Vista -1
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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
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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
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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
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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
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Regional Task Force on the Homeless
Contract No. HHAP-2021-City of Chula Vista -1
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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
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Regional Task Force on the Homeless
Contract No. HHAP-2021-City of Chula Vista -1
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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.
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Regional Task Force on the Homeless
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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.
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Regional Task Force on the Homeless
Contract No. HHAP-2021-City of Chula Vista -1
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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
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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.
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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.
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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
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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.).
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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
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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.
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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
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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.
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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.]
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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
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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
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4 City of Chula Vista Agreement No.: 2021-076
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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.
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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
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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
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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
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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.
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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
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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.)
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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
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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.
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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.
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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$
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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
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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”
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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).
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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.
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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.
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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
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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)
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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
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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
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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.
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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);
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(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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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24
THE REGISTRAR, CONTRACTORS STATE LICENSE BOARD, P.O. BOX
26000, SACRAMENTO, CA 95826.
[Remainder of page intentionally left blank.]
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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:
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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.
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A-2 Exhibit A
EXHIBIT “A-2”
MAP IDENTIFYING THE PREMISES
(See attached)
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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.
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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.
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C-1 Exhibit C
EXHIBIT “C”
ACKNOWLEDGMENT AND DISCLOSURE
REGARDING ENVIRONMENTAL CONDITIONS
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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
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D-1 Exhibit D
EXHIBIT "D"
CERTIFICATE OF INSURANCE
(See attached)
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D-2 Exhibit D
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.”
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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—
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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—
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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:
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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)):
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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)
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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-
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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”:
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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:
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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:
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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).
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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:
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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:
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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:
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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.
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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.
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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
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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.
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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
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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.
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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
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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,
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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
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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
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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
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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:
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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
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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
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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
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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
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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.
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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