HomeMy WebLinkAbout2022/05/03 Post-Meeting Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:Tuesday, May 3, 2022, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
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Welcome to your City Council Meeting
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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.
2022/05/03 City Council Post Agenda Page 2 of 180
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.Oaths of Office
Beatrice Zamora-Aguilar - Cultural Arts Commission
Daniel Zavala - Cultural Arts Commission
Arnold Luke - Safety Commission
William Sallee - Measure A Citizens Oversight Committee
4.2.Presentation of a Proclamation to Kelley Bacon in Recognition of Her Retirement
and 20 Years of Service with the City of Chula Vista
4.3.Presentation and Update by Laura Humphreys and Justin Lipford on YMCA
Programs and Mental Health Awareness Month
4.4.Presentation of a Proclamation Proclaiming May 2022 as National Bike Month in
the City of Chula Vista
4.5.Presentation of a Proclamation Proclaiming May 6, 2022 as Childcare Provider
Appreciation Day in the City of Chula Vista
5.CONSENT CALENDAR (Items 5.1 through 5.7)
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:
To approve the recommended action appearing below consent calendar Items 5.1
through 5.3 and 5.5 through 5.7. The headings below were read, text waived. The motion
carried by the following vote:
RECOMMENDED ACTION:
To approve the recommended action appearing below consent calendar Item 5.4. The
heading below was read, text waived. The motion carried by the following vote:
5.1.Approval of Meeting Minutes 7
RECOMMENDED ACTION:
Approve the minutes dated: October 12, 2021.
5.2.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.
5.3.Consideration of Requests for Excused Absences
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
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5.4.Municipal Code Amendment: Amend the Chula Vista Municipal Code Related to
Allowing Two-Unit Developments and Urban Lot Splits, as Required by Senate
Bill 9, Recent State Legislation adopted to Increase Housing Opportunities
14
Report Number: 22-0095
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 an ordinance to amend various sections in the Chula Vista Municipal Code
related to allowing two-unit developments and urban lot splits, in accordance with
Senate Bill 9. (Second Reading and Adoption)
5.5.Military Equipment Policy: Consideration of Approving the Chula Vista Police
Department’s Military Equipment Policy
32
Report Number: 22-0123
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 an ordinance approving the Police Department's Military Equipment
Policy. (Second Reading and Adoption)
5.6.Capital Improvement Project Funding: Approve Appropriation of Additional Funds
to Complete and Close Out the “Retiming of Traffic Signals and Installation of
Fiber Optic/Ethernet Communication System (TRF0404)” Project
75
Report Number: 22-0119
Location: West of I-805, Main Street
Department: Engineering
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 15303 class 3 (New Construction or Conversion
of Small Structures).
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RECOMMENDED ACTION:
Adopt a resolution approving an appropriation of $75,000 of Transportation
Development Impact Fees Fund to Capital Improvement Project Retiming of
Traffic Signals and Installation of Fiber Optic/Ethernet Communication System
(TRF0404). (4/5 Vote Required)
5.7.Approval of Appointment: Approve the City Manager’s Appointment of the Deputy
City Manager – Tiffany Allen
81
Report Number: 22-0125
Location: No specific geographic location
Department: Human Resources
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 the City Manager’s appointment of Tiffany Allen as
Deputy City Manager.
6.PUBLIC COMMENTS
The public may address the Council on any matter within the jurisdiction of the Council
but not on the agenda.
7.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion
and deliberation.
7.1.Agreement: Approve an Agreement with Kingdom Causes, dba City Net, to
Provide Homeless Bridge Shelter Operations
86
Report Number: 22-0126
Location: Homeless Bridge Shelter - 205 27th Street, Chula Vista, 91911
Department: Development Services
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act (“CEQA”) State Guidelines;
therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
RECOMMENDED ACTION:
To adopt Resolution No. 2022-097, heading read, text waived. The motion carried
by the following vote:
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7.2.Grant Award and Appropriation: Approve Deed Restrictions on Park Properties as
a Condition of Grant Awards, Establish New Capital Improvement Program
Projects, and Appropriate Funds
133
Report Number: 22-0089
Location: Eucalyptus Park – 436 C Street 91910, and Patty Davis Park – D St
and Woodlawn 91910
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), Section 15303 class 3 (New Construction or Conversion of
Small Structures), Section 15304 Class 4 (Minor Alterations to Land), and Section
15332 Class 32 (In-Fill Development Projects).
RECOMMENDED ACTION:
To adopt Resolution No. 2022-098, heading read, text waived. The motion carried
by the following vote:
RECOMMENDED ACTION:
To adopt Resolution No. 2022-099 and 2022-100, heading read, text waived.
The motion carried by the following vote:
8.CITY MANAGER’S REPORTS
9.MAYOR’S REPORTS
10.COUNCILMEMBERS’ COMMENTS
11.CITY ATTORNEY'S REPORTS
12.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.ADJOURNMENT
to the regular City Council meeting on May 10, 2022 at 5:00 p.m. in the Council
Chambers.
Materials provided to the City Council related to an open session item on this agenda are
available for public review, please contact the Office of the City Clerk at
cityclerk@chulavistaca.gov
or (619) 691-5041.
Sign up at www.chulavistaca.gov to receive email notifications when City Council
agendas are published online.
2022/05/03 City Council Post Agenda Page 6 of 180
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SPECIAL MEETING OF THE HOUSING AUTHORITY MEETING JOINTLY WITH THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
Meeting Minutes
October 12, 2021, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Galvez, Deputy Mayor McCann,
Councilmember Padilla, Mayor Casillas Salas
Excused: Councilmember Cardenas
Also Present: City Manager Kachadoorian, Deputy City Attorney Simon Silva,
City Clerk Bigelow, Assistant City Clerk Turner
The City Council minutes are prepared and ordered to correspond to the City Council
Agenda. Agenda items may be taken out of order during the meeting. The agenda items
were considered in the order presented
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the City Council and a special meeting of the Housing
Authority of the City of Chula Vista was called to order at 5:05 p.m. in the Council
Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember McCann led the Pledge of Allegiance.
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4. SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation Commending SBCS on its 50th
Anniversary and Proclaiming October 12, 2021 as SBCS Day in the
City of Chula Vista
Mayor Casillas Salas read the proclamation and Councilmember Galvez
presented it to Kathie Lembo, representing SBCS.
4.2 Presentation by San Diego Food Bank Vice President of Operations
Vanessa Ruiz Regarding Food Insecurity in Chula Vista
Vanessa Ruiz representing the San Diego Food Bank gave a presentation
on the item.
4.3 Presentation of a Proclamation Proclaiming October 14, 2021 as
Children's Environmental Health Day in the City of Chula Vista
Mayor Casillas Salas read the proclamation and Councilmember Padilla
presented it to Dr. Daniel Spencer and Dr. Sara Valladolid representing
San Diego Pediatricians for Clean Air.
4.4 Police Department Update on Crime and Safety Trends
Police Chief Kennedy gave a presentation on the item.
5. CONSENT CALENDAR (Items 5.1 through 5.5)
City Clerk Bigelow announced that a request for approval for an excused
absence from Councilmember Cardenas for tonight's meeting had been
distributed to Council and would be incorporated into Item 5.3 for Council's
approval.
Moved by Mayor Casillas Salas
Seconded by Councilmember McCann
To approve the recommended action appearing below consent calendar Items
5.1 through 5.5. The headings below were read, text waived. Th e motion carried
by the following vote:
Yes (4): Councilmember Galvez, Councilmember McCann, Councilmember
Padilla, and Mayor Casillas Salas
Result, Carried (4 to 0)
5.1 Approval of Meeting Minutes
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3
Approve the revised minutes dated: April 20, 2021
5.2 Waive Reading of Text of Resolutions and Ordinances
Approve a motion to read only the title and waive the reading of the text of
all resolutions and ordinances at this meeting.
5.3 Consideration of Requests for Excused Absences
Approve a request for an excused absence from Councilmember
Cardenas for this Council meeting.
5.4 Growth Management Oversight Commission: Status Update on the
Comprehensive Review and Annual Report for Fiscal Year 2020/21
Receive the update.
5.5 Chula Vista Bayfront Resort Hotel and Convention Center Project:
Amending the Agreement with RSG, Inc. for Financial Feasibility
Study Services
Adopt a resolution approving a first amendment to the agreement with
RSG, Inc. to provide financial feasibility study services for the Chula Vista
Bayfront resort hotel and convention center project.
RESOLUTION NO. 2021-187 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT OF THE
AGREEMENT FOR FINANCIAL FEASIBILITY STUDY SERVICES
BETWEEN THE CITY AND RSG, INC.
6. PUBLIC COMMENTS
6.1 Public Comments Received for 10/12/2021
The following members of the public expressed concerns regarding tenant
protections:
Joshua Gonzalez-Thomas, Chula Vista resident
Charles Canizales, Chula Vista resident
Crystal Gonzales, Chula Vista resident
Silvia Saldivar, Chula Vista resident submitted written communications in
support of stronger tenant protections.
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7. ACTION ITEMS
7.1 Affordable Housing Financial Approvals: Consideration of Final
Approvals for Columba Apartments Including Authorizing the
Execution and Delivery of its Tax-Exempt Multi-family Housing
Revenue Notes and Bonds
Sr. Management Analyst Dorado gave a presentation on the item.
Moved by Councilmember Padilla
Seconded by Councilmember Galvez
To adopt Housing Authority Resolution No. 2021-005, heading read, text
waived. The motion was carried by the following vote:
Yes (4): Councilmember Galvez, Councilmember McCann,
Councilmember Padilla, and Mayor Casillas Salas
Result, Carried (4 to 0)
RESOLUTION NO. 2021-005 OF THE CHULA VISTA HOUSING
AUTHORITY AUTHORIZING (1) THE EXECUTION AND DELIVERY OF
ITS TAX-EXEMPT MULTI-FAMILY HOUSING REVENUE NOTES AND
ITS SUBORDINATE CHULA VISTA HOUSING AUTHORITY MULTI-
FAMILY HOUSING REVENUE BONDS (COLUMBA APARTMENTS),
COLLECTIVELY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $52,100,000, AND (2) THE EXECUTION AND DELIVERY OF
ITS TAXABLE MULTI-FAMILY HOUSING REVENUE NOTES IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $26,000,000
FOR THE PURPOSE OF FINANCING THE ACQUISITION AND
CONSTRUCTION OF THE COLUMBA APARTMENTS MULTI-FAMILY
RENTAL HOUSING PROJECT; APPROVING AND AUTHORIZING THE
EXECUTION AND DELIVERY OF ANY AND ALL DOCUMENTS
NECESSARY TO EXECUTE AND DELIVER THE NOTES, COMPLETE
THE TRANSACTION AND IMPLEMENT THIS RESOLUTION, AND
RATIFYING AND APPROVING ANY ACTION HERETOFORE TAKEN IN
CONNECTION WITH THE NOTES
Mayor Casillas Salas recessed the meeting at 6:24 p.m. The Council
reconvened at 6:28 p.m., with all members present.
2022/05/03 City Council Post Agenda Page 10 of 180
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7.2 Grant Award and Program Implementation: Accept Grants and
Implement the Chula Vista Community Shuttle Pilot Project
Sustainability Officer Gakunga spoke regarding the item. Daniel Kramer,
Director of Operations, Circuit Transit Inc., gave a presentation on the item
and responded to questions of the Council.
David Hand, president of Community Congregational Development
Corporation spoke regarding the item and his organization's purpose.
Moved by Councilmember Galvez
Seconded by Mayor Casillas Salas
To adopt Resolution No. 2021-188, heading read, text waived. The motion
carried by the following vote:
Yes (4): Councilmember Galvez, Councilmember McCann,
Councilmember Padilla, and Mayor Casillas Salas
Result, Carried (4 to 0)
RESOLUTION NO. 2021-188 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA: (A) ACCEPTING GRANT FUNDS IN THE AMOUNT OF
$997,833 AND APPROVING A MOBILITY PROJECT VOUCHER
AGREEMENT WITH THE CALIFORNIA AIR RESOURCES BOARD FOR
THE COMMUNITY SHUTTLE PROGRAM; (B) ACCEPTING GRANT
FUNDS IN AN AMOUNT NOT-TO-EXCEED $1,000,000 AND
APPROVING A GRANT AGREEMENT WITH COMMUNITY
CONGREGATIONAL DEVELOPMENT CORPORATION FOR THE
COMMUITY SHUTTLE PROGRAM; (C) APPROVING AN AGREEMENT
WITH CIRCUIT TRANSIT INC. TO IMPLEMENT AND PROVIDE
SERVICES FOR THE COMMUNITY SHUTTLE PROGRAM; AND (D)
APPROPRIATING FUNDS THEREFOR
8. CITY MANAGER’S REPORTS
8.1 Former Fire Stations 5 and 9 demolition update and input on next
steps.
City Manager Kachadoorian announced Item 8.1 would be continued to a
future meeting.
Principal Landscape Architect Ferman gave a presentation on Park(ing)
Day.
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9. MAYOR’S REPORTS
At the request of Mayor Casillas Salas there was consensus of the Council to
direct staff to work on a tenant protection ordinance, to include protection from
harassment of the landlords, greater protection of the Ellis Act provision,
regarding substantial renovations to include 120-day notice to vacate or a one
year notice to vacate for disabled individuals and to utilize reusable tenant
screening tools to ensure credit checks are valid for multiple applications. She
announced that the Emergency Rental Assistance Program is still accepting
applications.
Mayor Casillas Salas spoke about the following recent events: the grand opening
of Sammy's restaurant at the Seven Mile Casino; swear-in ceremony of Tijuana
Mayor Montserrat Caballero; closing ceremonies for Ovarian Cancer Awareness
month; ribbon-cutting event for Eastlake Dunkin' Donuts; grand opening of
RevBody gym; 35th anniversary of MANA de San Diego; and the grand opening
of the House of Mexico in Balboa Park.
10. COUNCILMEMBERS’ COMMENTS
At the request of Councilmember Galvez there was consensus of the Council to
make a referral to the City Attorney's office to consider adding provisions to a
tenant protection ordinance that would give the ability to stop bad actors and
keep residents safe.
Councilmember Galvez spoke about the following recent events: Alliant
University Forum for Hispanic Heritage Month; Hispanic Heritage celebration
honoring Jesse Navarro; Rainbow Ride; Gather 2021! with the Climate Action
Campaign; ribbon-cutting ceremony for Republic Waste's new composting site;
ribbon-cutting ceremony for Bikes on Broadway; Broadway clean-up with Institute
of Public Strategies; ribbon-cutting for Eastlake Dunkin' Donuts; grand opening
for RevBody gym; 35th anniversary of MANA de San Diego; and the grand
opening of Sammy's restaurant at the Seven Mile Casino.
Councilmember McCann spoke about the following recent events: ribbon -cutting
for Eastlake Dunkin' Donuts; Broadway graffiti and trash clean-up; and the grand
opening for RevBody gym. He thanked members of South County EDC for their
innovation in supporting businesses throughout the pandemic.
11. CITY ATTORNEY'S REPORTS
There were none.
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12. CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346 -03, Official
Minutes and records of action taken during Closed Sessions are maintained by
the City Attorney.
Deputy City Attorney Silva announced that the Council would convene in closed
session to discuss the items listed below.
Mayor Casillas Salas recessed the meeting at 7:35 p.m. The Council convened
in Closed Session at 7:44 p.m., with all members present.
12.1 Conference with Labor Negotiators Pursuant to Government Code
Section 54957.6
Agency designated representatives: Maria Kachadoorian, Glen Googins,
Courtney Chase, Kelley Bacon, Simon Silva, Sarah Schoen, and Tanya
Tomlinson
Employee organizations: ACE, IAFF, MM/PR, NS-IAFF, POA, WCE and
unrepresented employees
ACTION: No reportable action
13. ADJOURNMENT
The meeting was adjourned at 8:47 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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May 3, 2022
ITEM TITLE
Municipal Code Amendment: Amend the Chula Vista Municipal Code Related to Allowing Two-Unit
Developments and Urban Lot Splits, as Required by Senate Bill 9, Recent State Legislation adopted to
Increase Housing Opportunities
Report Number: 22-0095
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 an ordinance to amend various sections in the Chula Vista Municipal Code related to allowing two-unit
developments and urban lot splits, in accordance with Senate Bill 9. (Second Reading and Adoption)
SUMMARY
On August 30, 2021, the California legislature adopted Senate Bill 9 (“SB 9”) and on September 16, 2021, it
was signed into law by Governor Newsom. The bill took effect on January 1, 2022 and seeks to provide more
housing opportunities to address the critical housing shortage in the state by establishing a state-mandated
local program. As a result, all California jurisdictions must comply with the requirements of the bill whether
or not local jurisdictions pass ordinances implementing SB 9’s requirements.
The new law requires jurisdictions to ministerially approve two-unit developments on single-family
residentially zoned lots as well as allowing an owner of a single-family zoned property to split their single-
family zoned lot into two single-family zoned lots of relatively equal size. Development of up to two dwelling
units would then be allowed on both lots resulting from the split, for a total capacity of four dwelling units
where there used to be only one unit allowed. The four dwelling unit cap also applies if Accessory Dwelling
Units and Junior Accessory Dwelling Units are proposed.
This hearing is being held to consider a draft ordinance which implements SB 9.
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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 CEQA State Guidelines; therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required. In addition, notwithstanding the foregoing, the Director
of Development Services has also determined that the action is not a “Project” pursuant to Government Codes
Sections 65852.21(j) and 66411.7(n).
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On April 13, 2022, the City of Chula Vista Planning Commission recommended adoption of the SB 9
Ordinance amendments by a vote of 5-0-0.
DISCUSSION
SB 9 addresses two separate issues: the development of up to two units on single -family zoned lots (“Two-
Unit Developments”) and the division of existing single-family zoned parcels into two new single-family
zoned lots via a parcel map (“Urban Lot Splits”).
SB 9 allows local jurisdictions to pass their own ordinance which both codifies the requirements of the state
law as well as establishes objective standards by which Two-Unit Developments and Urban Lot Splits may
occur. So long as the City’s objective development and zoning standards do not physically preclude the
construction of up to two units on a lot or preclude each unit from being constructed at a minimum of 800
square feet (“sf”), then the City can establish objective criteria for the program. Likewise, such objective
development or zoning criteria must allow a property owner to split their single-family zoned lot into two
lots, each with a minimum of 1,200 sf.
To comply with the requirements of SB 9, staff has drafted an ordinance amending Chula Vista Municipal
Code (“CVMC”) Chapters 18.18 (Tentative Parcel Maps) and 19.58 (Uses), and Sections 5.68.050 (Short-Term
Rentals – Eligibility), 19.22.020 (R-E – Residential Estate Zone – Permitted Uses) and 19.24.020 (R-1 – Single-
Family Residential Zone – Permitted Uses) (the “Proposed Ordinance”). The following are some of the major
provisions of SB 9 which are reflected in the Proposed Ordinance:
Applicability – Two-Unit Developments and Urban Lot Split parcel maps are allowed on any single -
family zoned parcel which:
o Can accommodate the resulting second unit
o Can accommodate a second lot with a minimum size of 1,200 sf
o Is not subject to an historic designation
o Would not require the elimination of affordable housing units
o Have not already been split by the allowances set forth in SB 9
Number of units and parcels – no more than two dwelling units may be developed on a single-family
zoned lot. Any parcel to be divided through the Urban Lot Split parcel map process must be a
minimum of 2,400 sf in area. Any lot created through an Urban Lot split parcel map cannot be less
than 40% of the original lot’s size. If a parcel is split through the Urban Lot Split parcel map process,
both resulting parcels may have a Two-Unit Development on them for a total of four dwelling units
across the two parcels.
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Accessory Dwelling Units and Junior Accessory Dwelling Units – if a parcel is split through the Urban
Lot split parcel map process, and both resulting parcels have Two-Unit Developments on them, no
Accessory Dwelling Units (“ADUs”) or Junior Accessory Dwelling Units (“JADUs”) may be permitted.
If, however, a property owner does not split the parcel and wishes to combine the benefits of SB 9’s
Two-Unit Development and ADU/JADU ordinances, no more than four units, in any combination, may
be permitted on a single-family lot.
Demolition – the provisions of SB 9 cannot be invoked if the resulting Two-Unit Development would
require the demolition of 25% or more of the existing exterior structural walls, unless local
demolition ordinances allow, or the existing units have not been inhabited by a tenant in the last
three years.
Housing – the provisions of SB 9 cannot be invoked if the development of the parcels would require
the demolition or alteration of housing that restricts rents to levels affordable to persons and families
of moderate, low, or very low income; housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power; or housing that has been occupied by a
tenant in the last three years.
Setbacks – new units shall comply with the underlying front yard and street-side setbacks as set forth
in the CVMC for single-family zones; side and rear yard setbacks shall have a maximum of four feet
or the setback for the zone, whichever is less.
Easements and Access – a parcel created through an Urban Lot Split parcel map subdivision shall
provide necessary easements required for the provision of public services and facilities to the newly
created lot and shall provide access to or adjoin the public right-of-way for the newly created lot.
Parking – one off-street parking space per unit may be required unless the lot is within one-half mile
of a high-quality transit corridor or transit stop, or on the same block as a car share vehicle.
Occupancy and Short-Term Rentals – an applicant for an Urban Lot Split parcel map must sign an
affidavit stating that they intend to occupy one of the housing units as their principal residence for a
minimum of three years from the date of the approval of said Urban Lot Split parcel map. Per SB 9,
any unit created through the Two-Unit Development process must be used for residential purposes
only and if rented, must be rented for a term of 30-days or longer. These provisions preclude units
created through the Two-Unit Development process from being used for commercial purposes or
being operated as Short-Term Rentals.
Covenant – Staff has included a provision in the proposed ordinance requiring property owners to
record a covenant against their property detailing the owner occupancy requirements, as well as the
permitted sizes and attributes of the units and parcels, and minimum rental restrictions.
Housing Element Inventory – the number of dwelling units constructed, and the number of Urban Lot
Split applications received pursuant to this ordinance shall be included in the Housing Element
2022/05/03 City Council Post Agenda Page 16 of 180
P a g e | 4
reporting process during the 2021-2029 Housing Element cycle.
Conclusion
Staff recommends that the City Council place the Proposed Ordinance amending CVMC Chapters 18.18 and
19.58; and Sections 5.68.050, 19.22.020 and 19.24.020 on first reading.
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 California 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 fiscal year impact to the General Fund or Development Services Fund as a result of the
adoption and implementation of the Proposed Ordinance.
ONGOING FISCAL IMPACT
All future costs incurred processing Two-Unit Developments and Urban Lot Splits will be borne by the project
applicants, resulting in no net fiscal impact to the General Fund or Development Services Fund.
SB 9 was designed to encourage additional residential development in single-family zoned neighborhoods.
As this development occurs, the City’s General Fund will be incrementally impacted, with fiscal impacts
varying by project. While additional revenues can be expected based upon the valuation of the improvements
constructed and the resulting ad valorem property taxes, as well as sales tax generated by the discretionary
spending of additional residents, these revenues will likely be offset by the associated increase in demand
for City services. Net impacts are not anticipated to be significant but will be difficult to quantify.
ATTACHMENT
1. Map of R-1 and R-E zones
Staff Contact: D. Todd Philips, Planning Manager, Development Services
Tiffany Allen, Director of Development Services
2022/05/03 City Council Post Agenda Page 17 of 180
SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTERS 18.18
(TENTATIVE PARCEL MAPS) AND 19.58 (USES); AND
SECTIONS 5.68.050 (SHORT-TERM RENTALS – ELIGIBILITY
REQUIREMENTS), 19.22.020 (R-E – RESIDENTIAL ESTATE
ZONE – PERMITTED USES) AND 19.24.020 (R-1 – SINGLE-
FAMILY RESIDENCE ZONE – PERMITTED USES) TO
IMPLEMENT SENATE BILL 9
WHEREAS, in January 2022, the State of California Legislature (the “Legislature”)
enacted Senate Bill 9 (SB 9) that established new provisions for two-unit residential developments
and urban lot split subdivisions in single-family residential zones; and
WHEREAS, the Legislature is increasingly concerned about the lack of supply of housing
units in the State of California; and
WHEREAS, the Legislature found and declared that ensuring access to affordable housing
is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of
Article XI of the California Constitution; and
WHEREAS, the provisions of SB 9 apply to all jurisdictions, including charter cities; and
WHEREAS, SB 9 requires jurisdictions to adopt the objective standards provided therein
to amend local single-family residential zoning and Tentative Parcel Map Ordinances to allow for
two-unit residential developments and urban lot split subdivisions in single-family residential
zones; and
WHEREAS, certain provisions of Chula Vista Municipal Code (CVMC) Chapters 5.68
(Short-Term Rentals), 18.18 (Tentative Parcel Maps), 19.22 (R-E – Residential Estates Zone),
19.24 (R-1 – Single-Family Residence Zone) and 19.58 (Uses) are not in compliance with SB 9;
and
WHEREAS, the City of Chula Vista staff therefore recommends amending CVMC
Chapters 5.68, 18.18, 19.22, 19.24, and 19.58 to be in compliance with SB 9; and
WHEREAS, the City of Chula Vista Planning Commission held an advertised public
hearing on the proposed amendments to CVMC Chapters 5.68 (Short-Term Rentals), 18.18
(Tentative Parcel Maps), 19.22 (R-E – Residential Estates Zone), 19.24 (R-1 – Single-Family
2022/05/03 City Council Post Agenda Page 18 of 180
Ordinance No. ________
Page 2
Residence Zone), and 19.58 (Uses), and voted X-X-X-X to adopt Resolution No. XX-XXX and
thereby recommended that the City Council adopt an Ordinance amending Chapters 5.68, 18.18,
19.22, 19.24, and 19.58 of the Chula Vista Municipal Code; and
WHEREAS, the City Council 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 CEQA State Guidelines; therefore, pursuant to
State Guidelines Section 15060(c)(3) no environmental review is required. In addition,
notwithstanding the foregoing, the City Council has also determined that the action is not a
“Project” pursuant to Government Codes Sections 65852.21(j) and 66411.7(n); and
WHEREAS, the City Council set a time and place for a hearing on the subject amendments
to CVMC Chapters 5.68 (Short-Term Rentals), 18.18 (Tentative Parcel Maps), 19.22 (R-E –
Residential Estates Zone), 19.24 (R-1 – Single-Family Residence Zone), and 19.58 (Uses), and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City at least ten days prior to the hearing; and
WHEREAS, the City Council held a duly noticed public hearing to consider said ordinance
amending CVMC Chapters 5.68 (Short-Term Rentals), 18.18 (Tentative Parcel Maps), 19.22 (R-
E – Residential Estates Zone), 19.24 (R-1 – Single-Family Residence Zone), and 19.58 (Uses), at
the time and place as advertised in the Council Chambers, 276 Fourth Avenue, and said hearing
was thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Chula Vista Municipal Code Section 5.68.050 is hereby amended to add Subsection
5.68.050(H), as follows:
H. The Dwelling Unit shall not have been developed or converted as part of a Two-Unit Residential
Development or Urban Lot Split Parcel Map pursuant to Section 19.58.450 of this Code.
Section II. Chula Vista Municipal Code Chapter 18.18 is hereby amended to add Section
18.18.140 as follows:
18.18.140 – Tentative Parcel Map – Urban Lot Split Parcel Map Subdivision
No person shall create an urban lot split subdivision except by the filing of an urban lot split parcel
map approved pursuant to Section 19.58.450 and the Subdivision Map Act. Maps shall be titled
“Urban Lot Split Parcel Map.”
2022/05/03 City Council Post Agenda Page 19 of 180
Ordinance No. ________
Page 3
Section III. Chula Vista Municipal Code Section 19.22.020 is hereby amended to add Subsection
19.22.020(C), as follows:
C. Notwithstanding Section 19.22.020(A), two-unit residential developments pursuant to Section
19.58.450.
Section IV. Chula Vista Municipal Code Section 19.24.020 is hereby amended to add Subsection
19.24.020(E), as follows:
E. Notwithstanding Section 19.24.020(A), two-unit residential developments pursuant to Section
19.58.450.
Section V. Chula Vista Municipal Code Title 19 is hereby amended to add Section 19.58.450 as
follows:
19.58.450 – Two-Unit Residential Developments and Urban Lot Split Parcel Maps in Single-
Family Zones
A. The purpose of this section is to provide regulations for the establishment of two-unit
residential developments and urban lot split parcel maps in single-family zones, to define the
approval process for such two-unit residential developments and urban lot split parcel maps in
compliance with, inter alia, California Government Code Section 65852.21. Two-unit
residential developments and urban lot split parcel maps in single-family zones are potential
sources of affordable housing and shall be deemed consistent with the General Plan and zoning
designation of the lot as provided.
B. For the purposes of this section, the following words are defined:
“Objective development standards” means standards that involve no personal or subjective
judgment by a public official and are uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the development applicant or proponent
and the public official prior to submittal. These standards may be embodied in alternative objective
land use specifications adopted by the City of Chula Vista, and may include, but are not limited
to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus
ordinances.
“Objective subdivision standards” means standards that involve no personal or subjective
judgment by a public official and are uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the development applicant or proponent
2022/05/03 City Council Post Agenda Page 20 of 180
Ordinance No. ________
Page 4
and the public official prior to submittal. These standards may be embodied in alternative objective
land use specifications adopted by the City of Chula Vista, and may include, but are not limited
to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus
ordinances.
“Objective zoning standards” means standards that involve no personal or subjective judgment by
a public official and are uniformly verifiable by reference to an external and uniform benchmark
or criterion available and knowable by both the development applicant or proponent and the public
official prior to submittal. These standards may be embodied in alternative objective land use
specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing
overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
“Two-unit residential development” means a development which proposes no more than two new
residential units or proposes to add one new residential unit with one existing residential unit on a
single parcel in accordance with this Chapter.
“Unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to
Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2,
or a junior accessory dwelling unit as defined in Section 65852.22.
“Urban Lot Split Parcel Map” means a parcel map which seeks to subdivide an existing single-
family zoned parcel to create no more than two new single-family zoned parcels of approximately
equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the
original parcel proposed for subdivision.
“Urban Lot Split Subdivision” means a subdivision of an existing single-family zoned parcel to
create no more than two new single-family zoned parcels of approximately equal lot area provided
that one parcel shall not be smaller than 40 percent of the lot area of th e original parcel proposed
for subdivision.
C. Two-Unit Residential Development in Single-Family Zones – A proposed housing
development containing no more than two residential units within a single-family residential
zone shall be considered ministerially, without discretionary review or a hearing, if the
proposed housing development meets all of the following requirements:
1. The two-unit residential development would not require demolition or alteration of any of
the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income.
2022/05/03 City Council Post Agenda Page 21 of 180
Ordinance No. ________
Page 5
b. Housing that is subject to any form of rent or price control through a public entity’s
valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
2. The parcel subject to the proposed housing development is not a parcel on which an owner
of residential real property has exercised the owner’s rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations
from rent or lease within 15 years before the date that the development proponent submits
an application.
3. The proposed housing development does not allow the demolition of more than 25 percent
of the existing exterior structural walls, unless the housing development has not been
occupied by a tenant in the last three years.
4. The development is not located within a historic district or property included on the State
Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code,
or within a site that is designated or listed as a city or county landmark or historic property
or district pursuant to a city or county ordinance.
5. The proposed housing development shall be prohibited if it is on a parcel that qualifies
under the prohibitions listed in paragraph (2) of subdivision (a) of Government Code
section 65852.21 or any successor provision thereof. Types of prohibited parcels include:
a. A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public
Resources Code;
b. Prime farmland or farmland of statewide importance;
c. Wetlands;
d. Within a high fire hazard severity zone;
e. Hazardous waste site;
f. Within a delineated earthquake fault zone;
g. Within a special flood hazard area subject to inundation by the 1 percent annual
flood (100-year flood) unless it meets one of the following;
2022/05/03 City Council Post Agenda Page 22 of 180
Ordinance No. ________
Page 6
i. Subject to a Letter of Map Revision prepared by the Federal Emergency
Management Agency and issued to the local jurisdiction;
ii. Meets Federal Emergency Management Agency requirements to meet
minimum flood plain management criteria of the National Flood Insurance
Program pursuant to Part 59 (commencing with Section 59.1) and Part 60
(commencing with Section 60.1) of Subchapter B of Chapter I of Title 44
of the Code of Federal Regulations;
h. Within a regulatory floodway as determined by the Federal Emergency
Management Agency in any official maps published by the Federal Emergency
Management Agency, unless the development has received a no-rise certification
in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal
Regulations.
i. Lands identified for conservation in an adopted natural community conservation
plan, habitat conservation plan, or other adopted natural resource protection plan;
j. Habitat for protected species identified as candidate, sensitive, or species of special
status by state or federal agencies, fully protected species, or species protected by
the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)
of Division 3 of the Fish and Game Code), or the Native Plant Protection Act
(Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game
Code);
k. Lands under conservation easement.
D. Development Standards for Two Unit Residential Development in Single-Family Zones –
Two-unit residential developments in single-family zones shall be subject to the following
requirements and objective development standards:
1. Number and Size of Units –
a. If a parcel includes an existing single-family home, one additional unit may be
developed pursuant to this section.
b. If a parcel does not include an existing single-family home, or if an existing single-
family home is proposed to be demolished in connection with the creation of a two-
unit residential development, two units may be developed pursuant to this section.
2022/05/03 City Council Post Agenda Page 23 of 180
Ordinance No. ________
Page 7
c. No more than four units, including primary dwelling units, accessory dwelling
units, and/or junior accessory dwelling units may exist on a single-zoned residential
parcel on which an Urban Lot Split Parcel Map as been approved.
2. Parking - Off-street parking of up to one space per unit is required, except in either of the
following instances:
l. The parcel is located within one-half mile walking distance of either a high-quality
transit corridor, as defined in subdivision (b) of Section 21155 of the Public
Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public
Resources Code.
m. There is a car share vehicle located within one block of the parcel.
3. Setbacks -
a. No setback shall be required for an existing structure or a structure constructed in
the same location and to the same dimensions as an existing structure.
b. For all other dwelling units proposed in connection with a two-unit residential
development, a minimum setback of four feet, or the applicable setback for the zone
district, whichever is less, is required from the rear and side property lines.
c. Units may be adjacent or connected if the structures meet building code safety
standards and are sufficient to allow separate conveyance.
4. Design - When a two-unit residential development dwelling unit is proposed on a parcel
with an existing single-family dwelling unit, the new unit(s) shall utilize the same exterior
materials and colors as the existing dwelling unit to the extent practical.
5. Accessory Dwelling Unit Development Exemptions – If an applicant for a dwelling unit
developed under Section 19.58.022 (Accessory Dwelling Units) of this Code seeks to
convert the dwelling unit to a two-unit development pursuant to this Section, any and all
development exemptions granted to the dwelling unit pursuant to Sections 19.58.022.C.9
and 19.58.022.C13 shall be null and void subject to the final decision of the Director of
Development Services.
6. Short-Term Rental Prohibition - Dwelling units created pursuant to this section shall have
rental terms of thirty (30) days or longer and shall not be considered eligible for Short-
Term Rental pursuant to Section 5.68.050.
2022/05/03 City Council Post Agenda Page 24 of 180
Ordinance No. ________
Page 8
E. Urban Lot Split Parcel Map in Single-Family Zones – A proposed parcel map for an urban lot
split within a single-family residential zone shall be considered ministerially, without
discretionary review or a hearing, if the proposed parcel map meets all of the following
requirements:
1. The parcel map subdivides an existing parcel to create no more than two new parcels of
approximately equal lot area provided that one parcel shall not be smaller than 40 percent
of the lot area of the original parcel proposed for subdivision.
2. Both newly created parcels are no smaller than 1,200 square feet.
3. The parcel being subdivided meets all the following requirements:
a. The parcel is located within a single-family residential zone as defined in Sections
19.22 (R-E – Residential Estate Zone) and 19.24 (R-1 – Single-Family Residence
Zone).
b. The parcel subject to the proposed urban lot split complies with all provisions of
Sections 19.58.450 C. and 19.58.450 D.
c. The parcel has not been established through prior exercise of an urban lot split as
provided for in this section.
d. Neither the owner of the parcel being subdivided, nor any person acting in concert
with the owner, has previously subdivided an adjacent parcel using an urban lot
split as provided for in this section.
e. The parcel conforms to all applicable objective requirements of the Subdivision
Map Act [Division 2 (commencing with Section 66410)], except as otherwise
expressly provided in this section.
4. Any parcel created by this section shall be used for residential purposes only.
5. All easements required for the provision of public services and facilities shall be dedicated
or conveyed by an instrument in a form acceptable to the Director of Development Services
Department, or their designee.
6. Units constructed on an Urban Lot Split Subdivision approved pursuant to this Chapter
shall be subject to and comply with the minimum setback requirements specified in
Section 19.58.450 D. 3.
2022/05/03 City Council Post Agenda Page 25 of 180
Ordinance No. ________
Page 9
7. Parking spaces for new units constructed on an Urban Lot Split Subdivision approved
pursuant to this Chapter shall be provided in accordance with Chapter 19.58.450 D.2.
8. Prior to the issuance of a building permit, the property owner shall record a covenant with
the County Recorder’s Office, the form and content of which is satisfactory to the Director
of Development Services and City Attorney, or their designees. The covenant shall notify
future owners of the owner occupancy requirements, the approved size and attributes of
the units, and minimum rental period restrictions. The covenant shall also reflect the
number of units approved and provide that no more than two total units may be permitted
on any single parcel created using the Urban Lot Split Parcel Map procedures. If an Urban
Lot Split Parcel Map was approved, the covenant shall provide that no variances shall be
permitted other than those code deviations expressly allowed by this Chapter. This
covenant shall remain in effect so long as a two-unit residential development exists on the
parcel.
9. The Urban Lot Split Subdivision shall comply with all requirements of the City’s
Subdivision Ordinance and the California Subdivision Map Act except as expressly
modified by this Chapter.
10. An applicant for an Urban Lot Split Parcel Map shall sign an affidavit, the form and content
of which is satisfactory to the Director of Development Services and City Attorney, or their
designees, stating that the applicant intends to occupy one of the housing units as their
principal residence for a minimum of three years from the date of the approval of the Urban
Lot Split Parcel Map. This subdivision shall not apply to an applicant that is a “community
land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision
(a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit
corporation” as described in Section 214.15 of the Revenue and Taxation Code.
11. Notwithstanding Government Code Section 66411.1, the City shall not impose regulations
that require dedications of rights-of-way or the construction of offsite improvements for
the parcels being created as a condition of issuing a parcel map for an urban lot split
pursuant to this section.
12. Preliminary Title Report - There shall be filed with each Urban Lot Split Parcel Map, a
current preliminary title report of the property being subdivided or altered.
13. Additional Subdivisions Prohibited - No further subdivision of parcels created using the
Urban Lot Split Parcel Map or Urban Lot Split Subdivision procedures of this Chapter shall
be permitted.
14. The parcels created by this section shall have access to, provide access to, or adjoin the
public right-of-way.
2022/05/03 City Council Post Agenda Page 26 of 180
Ordinance No. ________
Page 10
F. Application of Objective Standards - Development proposed on lots created by an Urban Lot
Split Subdivision shall comply with all objective zoning standards, objective subdivision
standards, and objective design review standards applicable to the parcel based on the
underlying zoning including but not limited to: Title 18 and Chapters 19.22, and 19.24;
provided, however, that the application of such standards shall be reduced if the standards
would have the effect of physically precluding the construction of two units on either of the
resulting parcels created pursuant to this chapter or would result in a unit size of less than 800
square feet. Any waivers or reductions of development standards shall be the minimum waiver
or reduction necessary to avoid physically precluding two units of 800 square feet, and no
additional variances shall be permitted. No waivers or reductions to applicable requirements
regarding size, height, off-street parking, or setbacks shall be approved unless the applicant
demonstrates to the Director of Development Service’s satisfaction that there is no other way
to physically accommodate two 800-square foot units on the site.
G. Denial of Two-Unit Residential Development and/or Urban Lot Split Parcel Map - The
Development Services Department shall not approve an Urban Lot Split Parcel Map under any
of the following circumstances:
1. The land proposed for division is a lot or parcel which was part of an Urban Lot Split Parcel
Map that the City previously approved.
2. The subdivision proposes creation of more than two lots or more than four units total
among the two lots.
3. The Development Services Department finds that the Urban Lot Split Parcel Map does not
meet the requirements of this code or that all approvals or permits required by this code for
the project have not been given or issued.
4. The urban lot split’s failure to comply with applicable, objective requirements imposed by
the Subdivision Map Act and this Code. Any decision to disapprove an Urban Lot Split
Parcel Map shall be accompanied by a finding identifying the applicable, objective
requirements imposed by the Subdivision Map Act and this Code.
5. A proposed two-unit residential development and/or an Urban Lot Split Subdivision may
be denied if the Director of Development Services, or their designee, makes a written
finding, based upon a preponderance of the evidence, that the proposed housing
development project or urban lot split would have a specific, adverse impact, as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government
Code, upon public health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
2022/05/03 City Council Post Agenda Page 27 of 180
Ordinance No. ________
Page 11
Section VI. 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 Planning Commission of the City of Chula
Vista hereby declares that it is the intent of the body to 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 VII. 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 VIII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section IX. Publication
The City Council of Chula Vista 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:
____________________________ ____________________________
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
2022/05/03 City Council Post Agenda Page 28 of 180
RESOLUTION NO.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPT AN ORDINANCE
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 5.68
(SHORT-TERM RENTALS), 18.18 (TENTATIVE PARCEL MAPS),
19.22 (R-E – RESIDENTIAL ESTATES ZONE), 19.24 (R-1 – SINGLE-
FAMILY RESIDENCE ZONE), AND 19.58 (USES) TO IMPLEMENT
THE PROVISIONS OF SENATE BILL 9
WHEREAS, in January 2022, the State of California Legislature (the “Legislature”) enacted Senate
Bill 9 (“SB 9”) that established new provisions for two-unit residential developments and urban lot split
subdivisions in single-family residential zones; and
WHEREAS, the Legislature is increasingly concerned about the lack of supply of housing units in
the State of California; and
WHEREAS, the Legislature found and declared that ensuring access to affordable housing is a
matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the
California Constitution; and
WHEREAS, the provisions of SB 9 apply to all jurisdictions, including charter cities; and
WHEREAS, SB 9 requires jurisdictions to adopt the objective standards provided therein to amend
local single-family residential zoning and Tentative Parcel Map Ordinances to allow for two-unit residential
developments and urban lot split subdivisions in single-family residential zones; and
WHEREAS, certain provisions of Chula Vista Municipal Code (“CVMC”) Chapters 5.68 (Short-
Term Rentals), 18.18 (Tentative Parcel Maps), 19.22 (R-E – Residential Estates Zone), 19.24 (R-1 – Single-
Family Residence Zone), and 19.58 (Uses) are not in compliance with SB 9; and
WHEREAS, the City of Chula Vista staff therefore recommends amending CVMC Chapters 5.68,
18.18, 19.22, 19.24, and 19.58 to be in compliance with SB 9; and
WHEREAS, 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 CEQA State Guidelines; therefore, pursuant to State
Guidelines Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the
foregoing, the Director of Development Services has also determined that the action is not a “Project”
pursuant to Government Codes Sections 65852.21(j) and 66411.7(n); and
WHEREAS, the Director of Development Services set the time and place for a hearing on the
subject amendments to CVMC Chapters 5.68 (Short-Term Rentals), 18.18 (Tentative Parcel Maps), 19.22
(R-E – Residential Estates Zone), 19.24 (R-1 – Single-Family Residence Zone), and 19.58 (Uses), and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City at least ten days prior to the hearing; and
2022/05/03 City Council Post Agenda Page 29 of 180
WHEREAS, the Planning Commission held a duly noticed public hearing to consider said
amendments to CVMC Chapters 5.68 (Short-Term Rentals), 18.18 (Tentative Parcel Maps), 19.22 (R-E –
Residential Estates Zone), 19.24 (R-1 – Single-Family Residence Zone), and 19.58 (Uses) at the time and
place as advertised in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does
hereby recommend that the City Council of the City of Chula Vista adopt an ordinance amending CVMC
Chapters 5.68 (Short-Term Rentals), 18.18 (Tentative Parcel Maps), 19.22 (R-E – Residential Estates
Zone), 19.24 (R-1 – Single-Family Residence Zone), and 19.58 (Uses) to implement the provisions of SB
9.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council.
Presented by: Approved as to form by:
_________________________ _____________________
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA,
CALIFORNIA, this _____ day of ____________, 2022, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Max Zaker, Chair
ATTEST:
_______________________
Patricia Salvacion, Secretary
2022/05/03 City Council Post Agenda Page 30 of 180
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May 3, 2022
ITEM TITLE
Military Equipment Policy: Consideration of approving the Chula Vista Police Department’s Military
Equipment Policy
Report Number: 22-0123
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 an ordinance approving the Police Department’s Military Equipment Policy. (Second Reading and
Adoption)
SUMMARY
On September 30, 2021, the Governor of the State of California approved Assembly Bill (AB) 481, “Funding,
Acquisition and Use of Military Equipment,” which is codified in Chapter 12.8 of the California Government
Code, Sections 7070 to 7075. This Chapter requires a law enforcement agency to obtain annual approval of
a military equipment policy by its governing body before it may seek funding for, acquire new, or use existing
military equipment.
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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
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Not applicable.
DISCUSSION
On September 30, 2021 the Governor of the State of California approved AB 481, requiring law enforcement
agencies to obtain approval of a military equipment policy by the applicable governing body. The Police
Department is required to seek approval of this military equipment use policy from the governing body at a
regular open meeting prior to the Department taking certain actions relating to the funding, acquisition, or
use of military equipment, as defined.
The bill allows the governing body to approve the policy only if it determines that the military equipment
meets specified standards. The policy is subject to annual review by the governing body to determine
whether, based on annual military equipment report, the standards set forth in the approving policy have
been met. The governing body may renew the authorizing policy, disapprove authorization for particular
military equipment where standards have not been met, or require modifications to this military equipment
use policy to address any non-compliance with standards.
The bill requires publication of the agency’s military equipment use policy and the annual military equipment
report on the agency’s website. The Chula Vista Police Department posted the proposed Military Equipment
Policy, designated as Number 714 in its Department Policy Manual, on its website on March 28 , 2022, 30
days before submitting the policy to the Chula Vista City Council for its consideration and approval on April
26, 2022, as required by California Government Code Section 7071(b), and the Department’s webpage also
provided a link for public comments and questions on the proposed policy.
The Chula Vista Police Department’s Military Equipment Policy, which is 9 pages with a 28-page attachment
listing the Department’s military equipment with photos, meets all the requirements of California
Government Code 7070(d). Specifically, it is a written document that governs the Department’s use of
military equipment; describes each type of military equipment by quantity and capability, expected lifespan
and manufacturer product description; addresses the purposes and authorized use for each type of listed
equipment; addresses fiscal impact, including initial cost and annual maintenance costs; addresses the legal
and procedural rules that govern authorized use and training required before use to ensure the full
protection of the public’s welfare, safety, civil rights and civil liberties; requires compliance with the policy,
addresses mechanisms to ensure compliance with the policy and sanction for policy violations; and
addresses the procedures for registering public complaints, concerns and questions and timely response to
same.
Additionally, the Police Department’s Military Equipment Policy meets all the requirements of California
Government Code Section 7071(d)(1)(A)-(D): (A) the Department’s military equipment is necessary because
there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (B) the
Department’s proposed military equipment policy will safeguard the public’s welfare, safety, civil rights and
civil liberties; (C) the Department’s existing military equipment was purchased pursuant to the City’s existing
procurement requirements and best-practice protocols and is reasonably cost effective compared to
available alternatives that can achieve the same objective of officer and civilian safety; and (D) prior military
equipment uses complied with existing Department policies as well as the proposed military equipment
policy, any future such uses will be evaluated according to the military equipment policy in effect at the time,
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and corrective action will be taken to remedy any future nonconforming uses and to ensure future
compliance.
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
There is no current-year fiscal impact approving the Police Department’s Military Equipment Policy.
ONGOING FISCAL IMPACT
The Police Department’s Military Equipment Inventory is outlined in Attachment A of the proposed Military
Equipment Policy. During the budget process, ongoing maintenance or repair of this equipment will be
included in the proposed budget. If any additional appropriations are required for this equipment, then City
staff will seek Council approval at that time.
ATTACHMENTS
Attachment 1: Proposed Military Equipment Policy (CVPD Policy 714)
Staff Contact: Captain Dan Peak, Police Department
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SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE CHULA VISTA POLICE DEPARTMENT’S MILITARY
EQUIPMENT POLICY
WHEREAS, on September 30, 2021, the Governor of the State of California approved
AB 481, “Funding, Acquisition and Use of Military Equipment,” which is codified in Chapter
12.8 of the California Government Code, Sections 7070 to 7075; and
WHEREAS, this Chapter requires a law enforcement agency to obtain annual approval of
a military equipment policy by its governing body before it may seek funding for, acquire new,
or use existing military equipment, as defined; and
WHEREAS, this Chapter requires a local law enforcement agency to develop a written
policy that addresses military equipment use, description, purpose and authorized use, fiscal
impact, legal and procedural rules for authorized use, required training, mechanisms to ensure
policy compliance, and procedures for public complaints, concerns, and questions (Cal Gov.
Code Section 7070(d)); and
WHEREAS, this Chapter requires a law enforcement agency to post the proposed
military equipment policy on its website 30 days before holding a public hearing for the
governing body to consider the policy for approval (Cal. Gov. Code Section 7071(b)); and
WHEREAS, this Chapter requires the governing body to consider the proposed policy at
a regular meeting held in compliance with the Ralph M. Brown Act, and if approved, adopt the
military equipment policy in an ordinance after making the determinations required in
California Government Code Section 7071(d)(1)(A)-(D); and
WHEREAS, this Chapter imposes annual ongoing requirements on law enforcement
agencies: a) a law enforcement agency must post on its website an annual report with specified
content within one year of initial governing body approval of its military equipment policy; b)
within 30 days of releasing the annual report a law enforcement agency must hold a community
meeting to discuss and answer questions on the annual report; and c) the law enforcement agency
must post the military equipment annual report on its website for as long as it uses the military
equipment (Cal. Gov. Code Section 7072); and
WHEREAS, this Chapter imposes annual ongoing requirements on governing bodies: a)
after initial adoption of an ordinance approving a military equipment policy, a governing body
must at least annually review the ordinance; b) at a regular meeting held in compliance with the
Ralph M. Brown Act, the governing body must vote on whether to renew the military equipment
ordinance; and c) based on a law enforcement agency’s annual report published pursuant to Cal.
Gov. Code Section 7072, determine whether each type of military equipment identified in the
report has complied with the standards set forth in Cal. Gov. Code Section 7071(d)(1)(A)-(D).
2022/05/03 City Council Post Agenda Page 72 of 180
Ordinance
Page 2
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Determinations
A. The Chula Vista Police Department posted the proposed Military Equipment Policy,
designated as Number 714 in its Department Policy Manual, on its website on March 28,
2022, 30 days before submitting the policy to the Chula Vista City Council for its
consideration and approval on April 26, 2022, as required by California Government
Code Section 7071(b), and the Department’s webpage also provided a link for public
comments and questions on the proposed policy.
B. The Chula Vista Police Department’s Military Equipment Policy, which is 9 pages with a
28-page attachment listing the Department’s military equipment with photos, meets all
the requirements of California Government Code 7070(d). Specifically, it is a publicly
released written document that governs the Department’s use of military equipment;
describes each type of military equipment by quantity and capability, expected lifespan
and manufacturer product description; addresses the purposes and authorized use for each
type of listed equipment; addresses fiscal impact, including initial cost and annual
maintenance costs; addresses the legal and procedural rules that govern authorized use
and training required before use to ensure the full protection of the public’s welfare,
safety, civil rights and civil liberties; requires compliance with the policy, addresses
mechanisms to ensure compliance with the policy and sanction for policy violations; and
addresses the procedures for registering public complaints, concerns and questions and
timely response to same.
C. The City Council of the City of Chula Vista, having carefully reviewed the staff report,
proposed policy and ordinance, staff presentation and public input on the proposed
military policy and ordinance in its regular public meetings on April 26, 2022, hereby
makes the following determinations as required by California Government Code Section
7071(d)(1)(A)-(D): (A) the Department’s military equipment is necessary because there
is no reasonable alternative that can achieve the same objective of officer and civilian
safety; (B) the Department’s proposed military equipment policy will safeguard the
public’s welfare, safety, civil rights and civil liberties; (C) the Department’s existing
military equipment was purchased pursuant to the City’s existing procurement
requirements and best-practice protocols and is reasonably cost effective compared to
available alternatives that can achieve the same objective of officer and civilian safety;
and (D) prior military equipment uses complied with existing Department policies as well
as the proposed military equipment policy, any future such uses will be evaluated
according to the military equipment policy in effect at the time, and corrective action will
be taken to remedy any future nonconforming uses and to ensure future compliance.
D. The City Council of the City of Chula Vista held a duly noticed public hearing to
consider this Ordinance at the time and place advertised in the Council Chambers, 276
Fourth Avenue, and said hearing was thereafter closed.
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Ordinance
Page 3
Section II. Action
The City Council of the City of Chula Vista in this Ordinance hereby approves the Chula
Vista Police Department’s Military Equipment Policy.
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 III. 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 IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. 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
_____________________________________ ____________________________________
Roxana Kennedy Glen R. Googins
Chief of Police City Attorney
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May 3, 2022
ITEM TITLE
Capital Improvement Project Funding: Approve Appropriation of Additional Funds to Complete and Close
Out the “Retiming of Traffic Signals and Installation of Fiber Optic/Ethernet Communication System
(TRF0404)” Project
Report Number: 22-0119
Location: West of I-805, Main Street
Department: Engineering
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 15303
class 3 (New Construction or Conversion of Small Structures).
Recommended Action
Adopt a resolution approving an appropriation of $75,000 of Transportation Development Impact Fees Fund
to Capital Improvement Project Retiming of Traffic Signals and Installation of Fiber Optic/Ethernet
Communication System (TRF0404). (4/5 Vote Required)
SUMMARY
This item proposes that City Council appropriate $75,000 from the Transportation DIFs Fund to CIP TRF0404
to offset unanticipated staff costs so that the project can be finalized and closed.
ENVIRONMENTAL REVIEW
The City’s Development Services Director 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 15303
class 3 (New Construction or Conversion of Small Structures) because the proposed project would not result
in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a
substantial adverse change in the significance of a historical resource. Thus, no further environmental
review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
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Not applicable.
DISCUSSION
The Capital Improvement Program (CIP) Project entitled “Retiming of Traffic Signals and Installation of Fiber
Optic/Ethernet Communication System (TRF0404)” has retimed 113 traffic signals at various locations
throughout the City of Chula Vista west of I-805. TRF0404 has also installed fiber optic and Ethernet
communication systems along the Main Street corridor, from Industrial Boulevard to Nirvana Avenue. The
fiber optic and Ethernet communication installation involved pulling a fiber optic cable through an existing
5-inch PVC conduit and connecting the cable to existing traffic signal cabinets along Main Street with the new
fiber optic cable also becoming available to connect other City facilities along Main Street in the near future.
The installation of fiber optic and Ethernet communication portion of the project is complete, and the
retiming of traffic signals portion of the project has recently been completed. Retiming a traffic signal relies
heavily on normal traffic patterns, such as normal commuting hours, days, and months. The COVID-19
pandemic caused severe delays in the implementation of the traffic signal retiming by disrupting the normal
traffic patterns. As a result, COVID-19 prolonged the project requiring an unanticipated level of involvement
and oversight from City staff. Due to this unforeseen circumstance, TRF0404 requires supplemental funding
to complete and close out the project. The project currently has approximately $25,000 of Federal Highway
Safety Improvement Program (HSIP) funds available; however, the terms of the HSIP grant require a 50%
match from City funds as part of the additional funding required to complete the project. The requested
$75,000 would include the local match to the HSIP funds in TRF0404 and would be used toward additional
staff time and consultant costs needed to close out the project. Staff recommends that the City Council
appropriate $75,000 from the Transportation DIFs Fund to CIP TRF0404 for this purpose.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Mayor Mary Casillas
Salas, Councilmember John McCann, and Councilmember Jill Galvez have 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 members’ 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 the appropriation of $75,000 from the Transportation DIFs Fund to
CIP TRF0404. Sufficient funds are available for the appropriation; therefore, there is no additional impact to
the Transportation DIFs Fund.
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require routine preventative maintenance.
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ATTACHMENTS
1. Project Location Map
Staff Contact:
William Valle, Director of Engineering
Yan Liu, Associate Engineer
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $75,000 FROM THE
AVAILABLE BALANCE OF THE TRANSPORTATION
DEVELOPMENT IMPACT FEES FUND TO CIP TRF0404
WHEREAS, the “Retiming of Traffic Signals and Installation of Fiber Optic/Ethernet
Communication System (TRF0404)” Project involves the retiming of traffic signals throughout
the City of Chula Vista west of I-805 and installed fiber optics on Main Street from Industrial
Boulevard to Nirvana Avenue; and
WHEREAS, the installation of fiber optic and ethernet communication systems along the
Main Street corridor, from Industrial Boulevard to Nirvana Avenue has been completed; and
WHEREAS, the retiming of traffic signals portion of the project has recently been
completed; and
WHEREAS, due to the unforeseen circumstances related to the ongoing COVID-19
pandemic, CIP TRF0404 requires additional funding to pay for unanticipated staff time and
consultant costs that will be needed to close out the project; and
WHEREAS, the terms of the HSIP grant requires a 50% match from City funds as part of
the additional funding required to complete the project; and
WHEREAS, staff recommends appropriating $75,000 from the Transportation DIFs Fund
to CIP TRF0404.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it appropriates $75,000 from the available balance of Transportation DIFs Fund to CIP
TRF0404.
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering and Capital Projects City Attorney
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Main Street Fiber Corridor
TRF0404 Traffic
Signal Retimed
XX
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11/20/2019 11/20/2019
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May 3, 2022
ITEM TITLE
Approval of Appointment: Approve the City Manager’s Appointment of the Deputy City Manager – Tiffany
Allen
Report Number: 22-0125
Location: No specific geographic location.
Department: Human Resources
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 the City Manager’s appointment of Tiffany Allen as Deputy City Manager.
SUMMARY
Deputy City Manager Kelley Bacon will be retiring effective May 5, 2022. The City Manager has selected
current Director of Development Services Tiffany Allen to fill the position of Deputy City Manager.
This item seeks to approve the appointment of Tiffany Allen to the position of Deputy City Manager effective
May 6, 2022.
ENVIRONMENTAL REVIEW
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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
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Deputy City Manager Kelley Bacon will be retiring effective May 5, 2022. The City Manager has selected
Tiffany Allen to fill the position of Deputy City Manager. The City of Chula Vista’s Charter Section 500 (a)
grants the City Manager the authority to appoint department heads subject to the approval of the City
Council.
Ms. Allen, the City’s current Director of Development Services, has been with the City of Chula Vista for over
twenty years and brings a wide breadth and depth of leadership experience that will complement the
current City management team and continue to move the many City projects forward.
Her accomplishments, duties and responsibilities are impressive and can be reviewed in the attached
resume.
City Council adoption of the resolution will approve the City Manager’s appointment.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and
consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1), is not
applicable to this decision. Staff is not independently aware, and has not been informed by any 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 from this action as the position is in the City adopted budget.
ONGOING FISCAL IMPACT
There is no fiscal impact from this action as the position is in the City adopted budget.
ATTACHMENTS
1. Resume
Staff Contact: Courtney Chase, Director of Human Resources/Risk Management
2022/05/03 City Council Post Agenda Page 82 of 180
TIFFANY ALLEN
SKILLS PROFILE
− Management of complex projects and programs
− Negotiation and consensus building
− Presentation of technical information to elected officials and the community
− Policy development and deployment
− Supervision and management of technical and administrative personnel
− Budgetary and fiscal analysis
− Operating and capital project budget development and management
− Systems analysis and design
− Fee design and administration
− Productivity and performance analysis
EMPLOYMENT HISTORY
Director 7/2020 - Current
Assistant Director 11/2015 – 6/2020
City of Chula Vista – Development Services Department, Chula Vista, CA
▪ Staff lead in pending development of the $1.2B Gaylord Pacific Resort Hotel and Convention Center,
including negotiating business terms, structuring public financing and overseeing permitting process
▪ Developed City’s first Short-Term Rental regulatory ordinance, garnering significant industry support
▪ Established new Facilities Financing workgroup, consolidating Citywide special tax district formation and
development impact fee activities, improving functional accuracy and efficiency
▪ Oversee operations and administration of Development Services Department, including Front Counter
Operations, Advance Planning, Current Planning, Land Development, Landscape Architecture, Building,
Code Enforcement, Facilities Financing, and Housing functions ($17M annual operating budget, 85
employees)
▪ Negotiate with developers to ensure appropriate balancing of public and private interests
▪ Act as subject matter expert for all City departments on impact, user, and regulatory fees
▪ Liaison to Planning Commission
▪ Lead departmental management team, developing, setting and implementing policies and procedures
▪ Member of dynamic and successful City of Chula Vista Executive Management Team
Treasury Manager 7/2011 – 10/2015
City of Chula Vista – Finance Department, Chula Vista, CA
▪ Spearheaded procurement and implementation of online sewer payment system, improving customer
experience and increasing staff efficiencies
▪ Directed upgrade of business license administration software, increasing compliance and revenue
collection through automation of approval and renewal processes
▪ Successfully negotiated new Municipal Services Agreement with Port of San Diego for provision of public
safety services, ensuring cost recovery for the City
▪ Led multi-departmental team updating City's Master Fee Schedule, including all user and regulatory fees
▪ Responsible for all banking and merchant services relationships
▪ Oversaw City's accounts-receivable function, including public counter services
▪ Administered City's Business License program and in-house sewer billing function
▪ Administered City's downtown parking district and oversee collection of citywide parking citation
revenues
▪ Member of management team, developing, setting and implementing departmental policies
Fiscal and Management Analyst 1/2006 – 6/2011
City of Chula Vista – Finance Department, Chula Vista, CA
▪ Prepared comprehensive update of $350M public facility impact fee program including first audit of
program expenditures from inception
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▪ Automated and standardized preparation of City’s annual budget document
▪ Developed system used by executive managers and elected officials to identify, prioritize and implement
budget reductions totaling $25M
▪ Administered development impact fee programs including annual budgets up to $20M
▪ Provided budget and management support to multiple City departments with annual budgets ranging
from $1M to $30M
▪ Oversaw and coordinated budget work of high-level analysts in multiple City departments
▪ Worked with multiple departments to develop, implement, and report performance measures
▪ Reviewed and drafted fiscal impact analyses for elected officials in consideration of formal action
▪ Reviewed and assisted in preparation of various master planning documents
Senior Management Analyst 10/2004 – 12/2005
City of Chula Vista – Engineering Department, Chula Vista, CA
▪ Prepared comprehensive update of $250M Transportation Development Impact Fee program
▪ Created, advertised and awarded consolidated special district administration services contract,
eliminating inefficiencies and omissions of previous consultant scheme
▪ Supervised, managed, and coordinated all departmental staff functions related to budget developmen t,
control, and fiscal accounting; including management and fiscal oversight of special revenue funds,
special tax districts, impact fees, development processing fees, and capital project funds
▪ Assisted Director of Engineering in development of administrat ive plans, policies and programs
▪ Oversaw department’s $7M annual operating budget
Administrative Analyst II
City of Chula Vista – General Services Department, Chula Vista, CA 2/2004 – 9/2004
▪ Developed automated developer impact fee credit tracking system, including automation of quarterly
statements
▪ Redesigned capital improvement project staff time reimbursement process, reducing errors and
increasing efficiency
▪ Assisted various City departments in capital improvement project budgeting and capital p roject fund
management
City of Chula Vista – Engineering Department, Chula Vista, CA 4/2003 – 1/2004
▪ Audited park acquisition & development fee fund, creating revenue, expenditure, and obligation tracking
system
▪ Designed and implemented developer deposit account invoicing system, reducing delinquencies by
approximately $750,000
▪ Administered Special Tax Districts, from formation through annual budget and tax roll levy process to
delinquency monitoring
▪ Provided analysis and recommendations for development processing fee and development impact fee
updates
Development Services Technician 1/2002 – 4/2003
City of Chula Vista – Engineering Department, Chula Vista, CA
▪ Designed multiple systems to streamline front counter activities, including records management and
permit tracking
▪ Created new developer deposit account management system, including identification of account holders
and associated permit activity
▪ Provided research assistance and technical Engineering permit information to the public and C ity staff,
with an emphasis on customer service
▪ Issued administrative Engineering permits
EDUCATION
University of Oregon, Eugene, Oregon
Bachelor of Science – Political Science
Walden University, Minneapolis, Minnesota
Master of Public Administration
2022/05/03 City Council Post Agenda Page 84 of 180
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CITY MANAGER’S
APPOINTMENT OF DEPUTY CITY MANAGER – TIFFANY
ALLEN
WHEREAS, the City of Chula Vista’s Charter Section 500 (a) grants the City Manager
the authority to appoint department heads subject to the approval of the City Council; and
WHEREAS, the City Manager has selected Tiffany Allen to fill the position of Deputy
City Manager effective May 6, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the City Manager’s appointment of Tiffany Allen to Deputy City Manager
effective May 6, 2022.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources/Risk Management City Attorney
2022/05/03 City Council Post Agenda Page 85 of 180
v . 0 03 P a g e | 1
May 3, 2022
ITEM TITLE
Agreement: Approve an Agreement with Kingdom Causes dba City Net for Homeless Bridge Shelter
Operations
Report Number: 22-0126
Location: Homeless Bridge Shelter - 205 27th Street, Chula Vista, 91911
Department: Development Services
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving an agreement with Kingdom Causes dba City Net for operations and services
at the Homeless Bridge Shelter, with a maximum contract period of three years.
SUMMARY
The proposed action will allow the City of Chula Vista to enter into a service provider agreement with
Kingdom Causes dba City Net (“City Net” or the “Shelter Operator”), for up to three (3) years with a total
budget of $5.7 million (the “Agreement”), to provide a year-round (365 days per year) bridge housing
program for persons experiencing homelessness within the City of Chula Vista.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the CEQA State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On April 19, 2022 the Housing Advisory Commission (“HAC”), by a vote of 5-0, provided an advisory
recommendation that Council enter into an agreement with Kingdom Causes dba City Net.
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DISCUSSION
The national homelessness crisis affects nearly every community. The potential causes of homelessness are
varied and further complicated by the wide range of affected people including single adult men and women,
families, single mothers with children, transitional age youth, seniors, and veterans. The complexity and
diversity of its population creates significant challenges for the City of Chula Vista as it seeks ways to assist
the homeless. This problem is further exacerbated for communities that lack safe sheltering options (beds)
as clients navigate and attempt their transition into a more stable living situation.
Unfortunately, unsheltered persons frequently occupy public spaces and other places not meant for human
habitation, which poses a significant threat to the health and safety of t hese individuals who are already
vulnerable to illness, crime, malnutrition, and harmful weather exposures (such as excessive heat, excessive
cold, rain, and flooding). Thus, the establishment of emergency housing is of urgent necessity for the
preservation of life, health, and property.
Identifying shelter options to address the homelessness crisis has been a priority for the City for several
years. In an effort to address the lack of available beds and housing options, the City created three programs:
• “Chula Vista Seven” - a project consisting of seven scattered housing units designated for extremely low-
income households [0 – 30% of area median income (“AMI”)], which are now occupied by previously
homeless families, who are finding their way back to self-sufficiency.
• Hotel/Motel Voucher Program - Understanding the critical need of emergency shelter beds, an
alternative was created with voucher program funding, providing up to 28 days of a safe space for our
Homeless Outreach Team (“HOT”) Team and clients to work together towards stabilization.
• Tenant-Based Rental Assistance Program - For those requiring longer term housing assistance, HOME
Investment Partnerships Program (“HOME”) funds were earmarked to provide up to twenty-four (24)
months of rental assistance. Not only have these programs positioned the City of Chula Vista in the right
direction but created a clear path of the future goals to develop a more permanent solution in the form
of a Bridge Shelter and/or Permanent Supportive Housing.
As these programs are fully operational and have proven to be a great resource and solution for many clients,
City staff continued with its planning efforts on developing the first homeless bridge shelter in the City of
Chula Vista.
On October 26, 2021, the City Council by Resolution No. 2021-211 authorized the purchase of 65 Pallet
Shelter Units for the purposes of developing the City’s first Homeless Bridge Shelter (“Shelter”) on a City-
owned property located at 205 27th Street, Chula Vista, CA 91911. The Shelter will provide a year-round
(365 days per year) bridge housing program for approximately sixty-five (65) persons, at a time,
experiencing homelessness in the city (the “Program”). The Program will provide safe, bridge housing, as
well as stabilization and supportive services, to prepare them for the most appropriate longer term or
permanent housing interventions, contributing to the regional goals of ensuring instances of homelessness
are rare, brief, and non-recurring.
Contract Selection Process
On October 25, 2021, the City of Chula Vista issued a Request for Proposals (“RFP”), seeking a contractor to
operate the Shelter. The RFP was posted and made available on the PlanetBids website.
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At the RFP closing November 12, 2021, three proposals were received. A review was conducted of all
proposals determined to be responsive and a source selection committee (inclusive of City staff, a non-profit
community representative and a Housing Advisory Commission commissioner with expertise in homeless
services) evaluated, scored and ranked the responses based on the following criteria:
Operations and Supportive Services
Program Concept and Case Management Plan
Program Readiness
Organizational Experience and Capacity
Community Considerations and Projected Costs
All three proposers were invited to meet with member of the source selection committee on March 2, 2022.
Below is a summary of the final rankings.
Organization Ranking
Kingdom Causes dba City Net 1
Alpha Project (in partnership with SBCS) 2
Adjoin 3
After a comprehensive review and consideration, the source selection committee recommended the City of
Chula Vista enter into negotiations and subsequently award the contract to City Net.
Shelter Operator Experience
City Net is an experienced operator in California for solutions like pallet shelter villages and has a
comprehensive understanding of the associated costs and operational needs, such as staffing, security, and
equipment. City Net has been the operator of several bridge housing and emergency housing options for
people experiencing homelessness, including COVID quarantine facilities, seasonal winter shelters, and
emergency bridge housing solutions from encampment clearings. These sites have ranged from 25 residents
to over 100, and have been in cities in Orange, Riverside, and Santa Barbara Counties. Some of these solutions
have been enacted in weeks, under intense community, government, and media scrutiny. In each case, City
Net has been able to staff the sites, intake and manage clients, appease community concerns and fears, satisfy
city council requirements and visions, and ultimately save the respective cities money.
While City Net was recently contracted by the City of San Diego, they are new to the City of Chula Vista. To
help mitigate and address this, City Net has included in its budget plan, a Community Engagement Specialist
who will work exclusively on building rapport, relationships, and ownership with the local community,
churches, community service organizations, and relevant partner agencies. Such work and focus will help
City Net as an organization to build the bridges, ties, and trust that the operator of such a site will need to
increase the overall cost-effectiveness, community buy-in, and overall project support and success, as it has
seen in previous efforts when it employs this staff role and methodology.
Program Description
The Shelter is designed to provide safe housing, basic needs, and access in support of moving individuals out
of homelessness and into permanent housing opportunities.
Operations
The Shelter will accommodate indoor, overnight sleeping for up to 65 individuals per evening. Operations at
the Shelter are provided 24 hours a day, seven days a week, 365 days per year. To decrease the impact to the
surrounding neighborhood, access to bed availability will be handled through a reservation-based system.
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No walk-ins for the Shelter, or services, will be permitted. The Shelter Operator will provide on-site staff to
track daily bed inventory and communicate daily bed vacancies to City staff, City Net outreach staff and the
Chula Vista Homeless Outreach Team (“the Team”). Only the Team and City Net outreach can refer
individuals to open beds at the Shelter. The Shelter will offer priority to Chula Vista homeless residents who
have long-term ties to the community, including other relevant criteria such as level of vulnerability,
frequency of service use, and seniors 60 and older.
Clients
To ensure that the Shelter will meet the needs of the community in serving chronic and vulnerable homeless
people, clients will be admitted with minimal, “low- threshold” requirements, so that chronic and vulnerable
homeless people can easily enter and remain in shelter until they can find permanent housing. Each client
will be screened for sex offender, arsonist and active felony warrant status before admission. As part of the
bed reservation system, client screening will take place prior to arrival at the facility.
The Program’s target population will be flexible in nature and the shelter may serve more than one sub-
population at a time. The number of beds considered “available” may differ slightly at any given time
depending on the population or sub-populations being served. Based on current need, the initial clients
accessing the Shelter will include homeless single men and single women, 18 years of age and older. Special,
alternate accommodations will be made for families who are experiencing homelessness.
Services
The Program will provide clients with access to a range of programs and supportive services provided by the
City and City Net on-site at the Shelter. Case management services will be coordinated with partner agencies.
Program Components
The Program is housing-focused, which aims to resolve participants’ homelessness as quickly as possible
while also meeting client’s basic needs. This includes appropriate 24-hour residential services and staffing
which will conduct intakes, screenings, assessments, case conferencing, and includes the following basic
elements and/or services:
A maximum of 65 beds for persons experiencing homelessness
At least two meals per day
Showers, wash stations, restrooms, laundry, and belongings storage for participants, in an environment
compliant with the Americans with Disabilities Act (“ADA”)
Routine operating supplies, including but not limited to hygiene products
Janitorial and routine maintenance services
Waste removal and disposal services
Regularly laundered linens
Access to testing for communicable diseases provided directly by the City or County of San Diego
(including but not limited to Hepatitis A).
General Standards
Other key operating elements, as more fully defined in the agreement in Attachment 1, include but are not
limited to:
• Adequate staffing and peer support with appropriate ongoing training for service delivery and data
analysis.
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• 24-hour security and site control to ensure a safe environment at the Shelter for participants, volunteers,
and others who may come in contact with the Shelter, including secure entry/exit for participants
monitored by staff.
• A designated point-of-contact who is available at all times to address issues that may arise at the Shelter
and coordinate security issues with the Chula Vista Police Department.
• Appropriate policies and procedures for Shelter operations, including intake and guidelines for
community living, which will be displayed on-site at all times, and various means for participants to
provide feedback to and input into the Shelter.
• A written drug- and alcohol-free policy that is posted/displayed at the Shelter at all times, which will
include and describe the disciplinary action to result from the illegal use, consumption, distribution,
and/or possession of drugs and/or alcohol.
• Required data entry, analysis and reporting in the Regional Task Force on Homelessness (“RTFH”)-
approved Homeless Management Information System, (“HMIS”) of Program activities as required by
RTFH.
Project Cost
The overall approximate cost for the development of the new bridge shelter includes a large sum allocated
to the infrastructure improvements. This includes installation of new basic infrastructure such as water,
sewer, electricity and pavement. Furthermore, new sidewalks and curbs will be completed on the public
right-away along Faivre and 27th. The remaining funds have been earmarked for the ramp-up costs as well
as ongoing operations.
These funds represent funding allocations over 3 years of combined and accordingly will be expended over
a two-year period.
Conclusion
Approval of the Agreement authorizes the City Manager or designee to execute the Agreement with City Net
as the Shelter Operator for up to three (3) years with a total budget of $5.7 million, will meet one of the
highest priority goals for the City to address homelessness. By providing a year-round bridge housing
program, the City is filling a large gap for those attempting to transition into a more stable living situation.
This action serves as the final step in securing the needed infrastructure and partners to open and operate
the Shelter. It is anticipated that the Shelter will open in Summer 2022.
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
2022/05/03 City Council Post Agenda Page 90 of 180
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§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 City's General Fund as a result of this action. The City will fund
the operations of the Shelter for the initial year with a combination of Emergency Solutions Grant (“ESG”)
and Permanent Local Housing Agency (“PLHA”) funds as previously appropriated.
The initial year of the Agreement will run from May 3, 2022 through May 3, 2023.
FUNDING SOURCE YEAR 1 AMOUNT
Emergency Solutions Grant $1,000,000
Permanent Local Housing Agency (PLHA) $949,992
TOTAL $1,949,992
FUNDING BY USE YEAR 1 AMOUNT
Personnel $1,393,837
Non-Personnel $556,155
TOTAL $1,949,992
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the City's General Fund as a result of this action. All costs associated
with the operations of the Shelter will be covered by Federal, State and/or local grant funding.
ATTACHMENTS
1. Two Party Agreement with City Net
Staff Contact: Angélica Davis, Senior Management Analyst
Tiffany Allen, Director of Development Services
2022/05/03 City Council Post Agenda Page 91 of 180
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING A SERVICE PROVIDER
AGREEMENT WITH KINGDOM CAUSE DBA CITY NET TO
PROVIDE HOMELESS BRIDGE SHELTER OPERATIONS
WHEREAS, on August 18, 2021, the City of Chula Vista Homeless Outreach Team
conducted a point in time count, CVCounts2021, which identified a total of 792 homeless persons
within the City; 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, 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, on October 26, 2021, the City Council authorized the purchase of 65 Pallet
shelter units to be located at 205 27th Street for the purposes of developing a homeless bridge
shelter (the “Homeless Bridge Shelter”); and
WHEREAS, on October 25, 2021, the City of Chula Vista issued a Request for Proposals
(“RFP”) seeking qualified agencies for the operation of the Homeless Bridge Shelter; and
WHEREAS, after a comprehensive review and consideration, the RFP selection committee
recommended the selection of Kingdom Cause dba as City Net (“City Net”) for the operations of
the Homeless Bridge Shelter; and
WHEREAS, City Net warrants and represents that it is experienced and staffed in a manner
such that it can deliver the services required to City in accordance with the time frames and the
terms and conditions of this Agreement; and
2022/05/03 City Council Post Agenda Page 92 of 180
Resolution No. 2021-
Page 2
WHEREAS, based on consultant's unique experience, as set forth above, the City desires
to enter into a service provider agreement with consultant to provide operations of and services
at the City’s Homeless Bridge Shelter ("Agreement") in an initial amount not to exceed
$1,949,992, with two (2) one-year options to extend, for a total of three (3) years, for a maximum
authorized amount of $5,700,000, contingent upon availability of funding.
NOW, THEREFORE, BE IT RESOLVED by the City Council o f the City of Chula
Vista authorizes the City Manager or designee to execute an agreement with Kingdom Cause
dba City Net for the Homeless Bridge Shelter Operations, with such minor modifications as may
be required or approved by the City Attorney’s Office, 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
2022/05/03 City Council Post Agenda Page 93 of 180
1 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH KINGDOM CAUSES DBA CITY NET
TO PROVIDE HOMELESS BRIDGE SHELTER OPERATIONS
This Agreement is entered into effective as of May 3, 2022 (“Effective Date”)1 by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and KINGDOM CAUSES dba CITY NET,
(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, WHEREAS, on August 18, 2021 the Chula Vista Homeless Outreach Team conducted a
point in time count, CVCounts2021 which identified a total of 792 homeless persons within the City; 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, 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, on October 26, 2021, the City Council authorized the purchase of 65 Pallet Shelter Units to
be located at 205 27th Street for the purposes of developing a Homeless Bridge Shelter;
WHEREAS, on October 25, 2021, the City of Chula Vista issued a Request for Proposals (RFP) seeking
qualified agencies for the operation of the Bridge Shelter;
WHEREAS, after a comprehensive review and consideration, the RFP selection committee recommended
the selection of Kingdom Cause dba as City Net (“City Net”) for the operations of the Homeless Bridge Shelter;
and
WHEREAS, City Net warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required to City in accordance with the time frames and the terms and conditions of this
Agreement.; 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.]
2022/05/03 City Council Post Agenda Page 94 of 180
2 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
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 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 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 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 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.
1.5 No Waiver of Standard of Care. Where approval by 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.
1.6 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 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.
1.7 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.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
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3 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
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.
1.10 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.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City 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 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, 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 City’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
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4 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of 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 Agreement 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.
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’ Compensation
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, its 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 the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
2022/05/03 City Council Post Agenda Page 97 of 180
5 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
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 the 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 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.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to 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 reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
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.
2022/05/03 City Council Post Agenda Page 98 of 180
6 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend,
indemnify and hold harmless City, its 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 omissions 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 from time to time, the defense and indemnity
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 incurs 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.
2022/05/03 City Council Post Agenda Page 99 of 180
7 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
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 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.
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 “Default”), 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 in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily 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
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.
2022/05/03 City Council Post Agenda Page 100 of 180
8 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
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 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.
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 (collectively “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.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. 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
2022/05/03 City Council Post Agenda Page 101 of 180
9 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
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 Party 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, 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 a
wholly independent contractor. Neither City nor any of its 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, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not 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 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. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
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.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
2022/05/03 City Council Post Agenda Page 102 of 180
10 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
2022/05/03 City Council Post Agenda Page 103 of 180
11 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
KINGDOM CAUSES DBA CITY NET CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
BRAD FIELDHOUSE MARIA V. KACHADOORIAN
EXECUTIVE DIRECTOR CITY MANAGER
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
2022/05/03 City Council Post Agenda Page 104 of 180
12 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
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; Chula Vista, CA 91910
619-691-5036
adavis@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.gov
B. Contractor/Service Provider Contract Administration:
KINGDOM CAUSES DBA CITY NET
4508 Atlantic Avenue, Suite 292 | Long Beach, CA 90807
For Legal Notice Copy to:
Same as Above
2. Required Services
A. General Description:
Kingdom Causes Inc., dba City Net ("City Net") will serve as part of the City of Chula Vista ("Chula Vista")
team to facilitate the successful implementation and operation of a year-round Homeless Bridge Shelter
("Shelter"), a temporary emergency shelter serving the homeless residents of the city.
City Net shall operate a year-round, non-faith-based, emergency shelter for up to 65 homeless individuals, as
referred by designated city agencies and their subcontracted partners. Shelter will be provided 365 days a year
and be accessible to the shelter residents 24/7. As the operator, City Net will provide safe shelter, basic needs
and system navigation services to move residents out of homelessness and into long-term housing solutions.
Clients shall be admitted with "low-threshold" requirements so that chronic and vulnerable homeless people
can easily enter and remain in shelter until they can secure long-term housing. Shelter will be operated in
accordance with City Net non-discrimination policies and in a manner consistent with evidence-based national
best-practices of shelter operation, including low-threshold, Housing First, Trauma-Informed Care, and Harm
Reduction principles.
2022/05/03 City Council Post Agenda Page 105 of 180
13 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
Emergency Services shall include the following:
• Intake and assessment
• Safe sleeping in pallet shelter units (including ADA units with ADA parking onsite)
• Security
• Meals
• Showers (including ADA units)
• Restrooms (including ADA units)
• Janitorial service (of grounds and common buildings)
• Storage management
• Enrichment activities
• Monthly services provider calendar
• Transportation services and assistance
In addition to emergency services listed above, City Net will, through professional Case Managers, coordinate
resident access to a range of on-site and off-site programs and services to link homeless neighbors to resources,
including long-term housing. These include referrals, as available, to:
• Healthcare resources
• Mental and health resources
• Drug and alcohol treatment
• Workforce readiness
• Housing stability aftercare
Management, Operations and Public Safety (MOPS) Plan
City Net will provide all services in accordance with a written Management, Operations and Public Safety
(MOPS) Plan. The MOPS is a separate document to this Scope of Work, detailing how the services in this
document will be delivered.
The MOPS will be submitted to City and stakeholders and include, but not be limited to, information on the
following:
• Service provision policies and procedures for all services listed in this Scope of Work
• Facility maintenance and repairs
• Utilities and trash pick-up
• Client policies including
o Shelter rules and regulation
o Non-Discrimination policy
o Grievance policies and procedures
o Safety and Security policies
o Health policies, including access to emergency medical care, disease prevention, first aid, use of
prescribed and over-the-counter medications, drug possession and Possession of controlled substances
o Food policies
o Transportation policies
o Animal management policies
• Staffing and management plan including hiring policy, screening and acceptance procedures, staffing policies
for safe and humane shelter environment, staff training, communication, resources and referrals, mental health
and addiction skills, self-care, emergency procedures (evacuation, first aid, CPR, Narcan interventions, CPR,
911 reporting), safety conduct (prevention of abuse, crisis intervention, conflict resolutions), and appropriate
behavior for dignity and respect.
• Staffing Responsibility Matrix, with position responsibilities and shift coverage
2022/05/03 City Council Post Agenda Page 106 of 180
14 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
• Data collection and sharing policies and procedures
• Participation in Continuum of Care activities, Coordinated Entry System and HMIS
• Volunteer Management Plan including recruitment, training and management of volunteers for the shelter,
roles of volunteers and volunteer policies including a description of tasks, selection, screening and background
checks, orientation and training, and lines of authority.
• Supportive Services Plan with policies and procedures for onsite and offsite agencies which provide healthcare,
mental health, behavioral health, workforce readiness, housing stability, and other supportive services to
include information on referrals, data sharing, and collaborative case conferencing.
• Good Neighbor Plan including communications, outreach, addressing community concerns, community
involvement, coordination of Shelter services and activities with neighborhood businesses, residents, schools
and other stakeholders, and working with City to minimize the impact of the Shelter on the surrounding
neighborhood.Enter Summary Of Work To Be Performed (e.g. Contractor/Service Provider XYZ Will Provide
Customer Service Trainings To City Staff)
B. Detailed Description:
See above.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin May 3,
2022 and end on May 3, 2023 (with a three year option to extend) for completion of all Required Services.
4. Compensation: See Section “ Below”
A. Form of Compensation
☐ Time and Materials. For performance of the Required Services by Contractor/Service Provider as identified
in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by
Contractor/Service Provider in the performance of the Required Services, at the rates or amounts as indicated
below:
Enter Applicable Hourly Rates
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
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15 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
BUDGET
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through May 3, 2023 shall not exceed $2,000,000.
5. Special Provisions: CHECK ANY THAT APPLY OR SELECT “NONE,” AND DELETE ALL
INSTRUCTIONS.
☐ Permitted Sub-Contractor/Service Providers: None
☐ Security for Performance: Not Applicable
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two additional terms, defined as a one-year increment or May 3, 2022. 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 6% 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.
2022/05/03 City Council Post Agenda Page 108 of 180
Title/Role Description
Fully Loaded
Compensation
Hrs/
week Wks FTE TOTAL
Shelter Operations Manager Project supervision $36.76 40 52 1.00 $76,460.80
Residential Coordinator
(Shelter Associate)
Support client needs, facility oversight,
meals, etc.
$25.00 40 52 8.40 $436,800.00
Case Management Supervisor Case management supervision $33.54 20 52 0.50 $34,881.60
Case Manager Intakes, exits, coordinated entry, housing
case management and navigation
$27.72 40 52 2.50 $144,144.00
Housing Specialist Housing Navigation expert $27.72 40 52 1.00 $57,657.60
Security Safety checks, client emergencies, check
ins, check outs
$25.00 40 52 5.60 $291,200.00
Janitorial General upkeep, cleanliness, notification of
outside maintenance needs
$20.00 20 52 0.50 $20,800.00
Data entry and reporting HMIS data entry, reporting, data $25.30 16 52 0.40 $21,049.60
Executive leadership Project oversight, quality control, staff
deployment, problem solving
$79.50 8 52 0.20 $33,072.00
Finance and billing Payroll, billing $29.26 8 52 0.20 $12,172.16
Human resources Staff recruiting, hiring, training, disputes $29.68 8 52 0.20 $12,346.88
Community Engagement Communications, mobilization local
community for advocacy and client
$25.44 8 52 0.20 $10,583.04
Operations Inventory, purchasing, technical support $25.44 8 52 0.20 $10,583.04
20.90 $1,161,750.72
Item TOTAL
Shelter $0.00
Shelter $0.00
Shelter $20,000.00
Shelter $15,000.00
Shelter $20,000.00
Shelter $3,000.00
Utilities $0.00
Utilities $5,000.00
Facilities $0.00
Facilities $11,700.00
Facilities $35,175.00
$109,875.00
Item TOTAL
Materials and Supplies $45,000.00
Client Services $246,375.00
Client Services $7,500.00
Client Services $15,000.00
Client Services $0.00
Client Services $48,000.00
Client Services $41,220.16
Equipment $40,000.00
Materials and Supplies $2,000.00
Materials and Supplies $5,000.00
Materials and Supplies $28,000.00
Materials and Supplies $8,000.00
Materials and Supplies $15,000.00
$501,095.16
Category TOTAL
Indirect Costs $177,272.09
$177,272.09
$1,949,992.97Project TOTAL
Uniforms, copies, forms, office supplies, equipment, etc.
IT support and client management software licenses
Financial audit
Liability Insurance
Operations and Program Expenses Subtotal:
Administration
Description
Fees, rental assistance and move-in costs for: rapid rehousing, sober living
homes, room and board, rooms for rent, relocations, etc. Also fees for
documentation, local transportation, work expenses, etc.Phones, computers (hardware and software) and equipment
Personal Protective Equipment (PPE) for staff and clients (masks, gloves, face
shields, proximity suits, trash bags, etc.) with replacements
At 10%: includes general expenses incurred by City Net but not directly borne
by the project (utilities, taxes, other required insurance not listed above, legal,
staff development, contingencies, etc.)
Administration subtotal:
Meals, snacks and beverages
Paper goods for meals
Pet supplies, equipment, vaccinations
Medical, dental, behavioral health, legal services, etc.
Client/staff transport (2 vehicles): vehicle lease, gas, vehicle insurance,
maintenance
Onsite Storage units
Facilities and Shelter Expenses Subtotal:
Operations and Program Expenses
Description
Toiletries, paper goods, trash bags, non-janitorial supplies
Furnishing of units: furniture, storage units, etc.
Water, power, sewer, plumbing, landscaping, trash pickup, etc.
Ring Security camera system, with setup and maintenance
Showers and restrooms: rental, maintenance and repairs
Pest control
Land Lease
Modular housing unit lease
Modular housing maintenance and repairs
Furnishing of units: mattresses, matress coverings, etc.
Furnishing of units: pillows, blankets, linens, etc.
City Net Chula Vista Bridge Shelter Operations Budget, fiscal year 2022-2023
Labor
Labor Subtotal:
Facilities and Shelter Expenses
Description
1 4/15/2022
2022/05/03 City Council Post Agenda Page 109 of 180
Title/Role Description
Fully Loaded
Compensation
Hrs/
week Wks FTE TOTAL
Shelter Operations Manager Project supervision $38.97 40 52 1.00 $81,048.45
Residential Coordinator
(Shelter Associate)
Support client needs, facility oversight,
meals, etc.$26.50 40 52 8.40 $463,008.00
Case Management Supervisor Case management supervision $35.55 20 52 0.50 $36,974.50
Case Manager Intakes, exits, coordinated entry, housing
case management and navigation $29.38 40 52 2.50 $152,792.64
Housing Specialist Housing Navigation expert $29.38 40 52 1.00 $61,117.06
Security Safety checks, client emergencies, check
ins, check outs $26.50 40 52 5.60 $308,672.00
Janitorial General upkeep, cleanliness, notification of
outside maintenance needs $21.20 20 52 0.50 $22,048.00
Data entry and reporting HMIS data entry, reporting, data $26.82 16 52 0.40 $22,312.58
Executive leadership Project oversight, quality control, staff
deployment, problem solving $84.27 8 52 0.20 $35,056.32
Finance and billing Payroll, billing $31.02 8 52 0.20 $12,902.49
Human resources Staff recruiting, hiring, training, disputes $31.46 8 52 0.20 $13,087.69
Community Engagement Communications, mobilization local
community for advocacy and client $26.97 8 52 0.20 $11,218.02
Operations Inventory, purchasing, technical support $26.97 8 52 0.20 $11,218.02
20.90 $1,231,455.76
Item TOTAL
Shelter $0.00
Shelter $0.00
Shelter $21,200.00
Shelter $15,900.00
Shelter $21,200.00
Shelter $3,180.00
Utilities $0.00
Utilities $5,300.00
Facilities $0.00
Facilities $12,402.00
Facilities $37,285.50
$116,467.50
Item TOTAL
Materials and Supplies $47,700.00
Client Services $261,157.50
Client Services $7,950.00
Client Services $15,900.00
Client Services $0.00
Client Services $50,880.00
Client Services
$43,693.37
Equipment $42,400.00
Materials and Supplies $2,120.00
Materials and Supplies $5,300.00
Materials and Supplies $29,680.00
Materials and Supplies $8,480.00
Materials and Supplies $15,900.00
$531,160.87
Category TOTAL
Indirect Costs $187,908.41
$187,908.41
$2,066,992.55
Administration subtotal:
Project TOTAL
Financial audit
Liability Insurance
Operations and Program Expenses Subtotal:
Administration
Description
At 10%: includes general expenses incurred by City Net but not directly borne by
the project (utilities, taxes, other required insurance not listed above, legal, staff
development, contingencies, etc.)
Client/staff transport (2 vehicles): vehicle lease, gas, vehicle insurance,
maintenance
Fees, rental assistance and move-in costs for: rapid rehousing, sober living
homes, room and board, rooms for rent, relocations, etc. Also fees for
documentation, local transportation, work expenses, etc.Phones, computers (hardware and software) and equipment
Personal Protective Equipment (PPE) for staff and clients (masks, gloves, face
shields, proximity suits, trash bags, etc.) with replacements
Uniforms, copies, forms, office supplies, equipment, etc.
IT support and client management software licenses
Description
Toiletries, paper goods, trash bags, non-janitorial supplies
Meals, snacks and beverages
Paper goods for meals
Pet supplies, equipment, vaccinations
Medical, dental, behavioral health, legal services, etc.
Ring Security camera system, with setup and maintenance
Showers and restrooms: rental, maintenance and repairs
Pest control
Onsite Storage units
Facilities and Shelter Expenses Subtotal:
Operations and Program Expenses
Modular housing unit lease
Modular housing maintenance and repairs
Furnishing of units: mattresses, matress coverings, etc.
Furnishing of units: pillows, blankets, linens, etc.
Furnishing of units: furniture, storage units, etc.
Water, power, sewer, plumbing, landscaping, trash pickup, etc.
City Net Chula Vista Bridge Shelter Operations Budget, fiscal year 2022-2023
Labor
Labor Subtotal:
Facilities and Shelter Expenses
Description
Land Lease
2 4/15/2022
2022/05/03 City Council Post Agenda Page 110 of 180
16 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
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*
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”
2022/05/03 City Council Post Agenda Page 111 of 180
17 City of Chula Vista Agreement No.: 2022-032
Service Provider Name: KINGDOM CAUSES dba CITY NET Rev. 2/4/21
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 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: Enter City Staff Person’s Name
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 participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
2022/05/03 City Council Post Agenda Page 112 of 180
CITY COUNCIL PRESENTATION
May 3, 2022
ITEM 7.1 –HOMELESS BRIDGE SHELTER
OPERATOR –CITYNET
Angélica Davis, Sr Management Analyst
Lieutenant Ernie Pinedo, CVPD2022/05/03 City Council Post Agenda Page 113 of 180
ITEM TOPICS:
•State of the Unsheltered
•Response Efforts
•Shelter Operator Agreement
2022/05/03 City Council Post Agenda Page 114 of 180
STATE OF HOMELESSNESS:
Sheltered Unsheltered Total
120 672* 792
2022/05/03 City Council Post Agenda Page 115 of 180
RESPONSE TO THE UNSHELTERED CRISIS
Regional
Collaboration
Ongoing
H.O.T. Formation
2016
City Housing
Programs
2016 -Present
National City Partnership
Expanded Outreach
2019
Shelter
Development
2020
Permanent
Supportive
Housing
2022
2022/05/03 City Council Post Agenda Page 116 of 180
Project Milestones
Funding Appropriated
for Development and
Operations
Environmental
Clearance
Purchase of Pallets, Bathroom and
Laundry Facilities
Operator
Selection
Site Improvements
Shelter Opening
2020 2021 & 20222021 2022 LATE
SUMMER ‘22
2022/05/03 City Council Post Agenda Page 117 of 180
SOURCE FY 2022 FY 2023 FY 2024
ESG-CV $275,000 $1,950,000 $1,070,000
PHLA $0 $0 $1,000,000
TOTAL $275,000 $1,950,000 $2,070,000
USE FY 2022 FY 2023 FY 2024
Ramp-up $200,000 N/A N/A
Operations $50,000 $1,756,950 $1,863,000
10%Contingency $25,000 $193,050 $207,000
TOTAL $275,000*$1,950,000 $2,070,000
PROGRAMATIC FUNDING
* Amount represents prorated expense for remainder of fiscal year
2022/05/03 City Council Post Agenda Page 118 of 180
BRIDGE SHELTER:
Location
SHELTER SITE
MAIN STREET
FAIVRE ST
ACF27THST
OVRP
2022/05/03 City Council Post Agenda Page 119 of 180
Request for Proposals (RFPs) issued on October 25, 2021
RFPs Due on November 12, 2021
Three responsive proposals received
Interviews conducted by selection committee on March 2, 2022
OPERATOR SELECTION PROCESS
2022/05/03 City Council Post Agenda Page 120 of 180
OPERATOR
2022/05/03 City Council Post Agenda Page 121 of 180
Overview
•501(c)(3) nonprofit
•Established 2003 in Long Beach, CA
•Operating in 30 cities in 5 counties: Los Angeles,
Orange, Riverside, Santa Barbara, San Diego
Scope of Work
•174 active employees (+~40 open positions)
•~$25M annual budget
•45 Federal/State/County/City/Corporate contracts
•186 partnering agencies
Organization Overview
2022/05/03 City Council Post Agenda Page 122 of 180
Mission
•End homelessness through housing
Services
•Street Outreach & Engagement
•Shelter Operations
•Housing Operations (bridge, rapid-rehousing,
permanent supportive)
•Housing Supportive Services
•Censuses/Point-in-Time Counts
•Police Diversion Response Teams (MDRT)
Organization Overview
2022/05/03 City Council Post Agenda Page 123 of 180
2020 Results
2022/05/03 City Council Post Agenda Page 124 of 180
Goal Actual
Anaheim 890 3,949
Bellflower 50 77
Brea 40 82
Buena Park 305 812
Corona 175 219
Cypress 82 209
Fullerton 195 834
Garden Grove 210 337
La Habra 122 282
Lake Forest 10 22
La Palma 78 67
Newport Beach 62 135
OC Courtyard 380 744
OC Flood Control Channel 150 322
Placentia 78 218
Riverside 85 189
San Clemente 30 54
Santa Ana 900 1,616
Santa Barbara 150 270
Stanton 320 540
Temecula 26 96
Tustin 88 372
Western Riverside COG (Lake Elsinore, Menifee, Murrieta, Wildomar)18 78
Westminster 245 315
TOTAL 4,689 11,839
Street Exits since 2014
2022/05/03 City Council Post Agenda Page 125 of 180
2020 Shelter Operations
2022/05/03 City Council Post Agenda Page 126 of 180
2020-2022 Shelter Operations
Name Location Beds
Courtyard Transitional Center (supportive services)Santa Ana 425
Armory Cold Weather Shelter Santa Ana 100
Homeless Emergency Aid Program (HEAP)Santa Barbara County 5
Roomkey/Toolbelt (supportive services)Orange County 500
Housing Disability Advocacy Program Orange County 50
Emergency Quarantine Facility (OC Public Health)Orange County 10
COVID Family Solutions Program Orange County 3
Emergency Quarantine Facility Anaheim 65
Emergency Quarantine Facility Fullerton/La Habra 50
2022/05/03 City Council Post Agenda Page 127 of 180
2020-2022 Shelter Operations
Name Location Beds
Inclement Weather Shelter Corona 20
Cabin Village Shelter Riverside 56
Emergency Isolation Facility (Airport)Riverside 15
Emergency Quarantine Facility (MAP)Riverside 57
Inclement Weather Shelter Norco 10
Emergency Fire Response Shelter City of Santa
Barbara
50
2022/05/03 City Council Post Agenda Page 128 of 180
Case Study: Riverside Cabin Village Shelter
2022/05/03 City Council Post Agenda Page 129 of 180
Shelter Operations: Core Convictions
●Safe, clean
●Environment should reflect what
clients could afford on their own
●Smaller shelters are better
●Linked to housing
●Partnered with law enforcement
●Integrated with community
●Operated by written policy (MOPS)
2022/05/03 City Council Post Agenda Page 130 of 180
Shelter Operations: Community Life
●Peer Support
●Community-Provided Meals
●Life Skills and Case Management Workshops
●Shelter Comaraderie
o Special Events (i.e. Movie Nights)
o Special Meals
o Holidays/Birthdays
2022/05/03 City Council Post Agenda Page 131 of 180
CITY COUNCIL PRESENTATION
May 3, 2022
ITEM 7.1–HOMELESS BRIDGE SHELTER
OPERATOR –CITYNET
Angelica Davis, Sr Management Analyst
Lieutenant Ernie Pinedo, CVPD2022/05/03 City Council Post Agenda Page 132 of 180
v . 0 03 P a g e | 1
May 3, 2022
ITEM TITLE
Grant Award and Appropriation: Approve Deed Restrictions on Park Properties as a Condition of Grant
Awards, Establish New Capital Improvement Program Projects, and Appropriate Funds
Report Number: 22-0089
Location: Eucalyptus Park – 436 C Street 91910, and Patty Davis Park – D St and Woodlawn 91910
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), Section 15303 class 3
(New Construction or Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land),
and Section 15332 Class 32 (In-Fill Development Projects).
Recommended Action
Adopt resolutions A) Authorizing a deed restriction for the Patty Davis Park property that is required as a
condition of the grant award for the statewide park development and community revitalization program
from the state of California Department of Parks and Recreation, Office of Local Grants and Services; B)
Authorizing a deed restriction for the Eucalyptus Park property that is required as a condition of the grant
award for the statewide park development and community revitalization program from the State of
California Department of Parks and Recreation Office of Local Grants and Services; and C) Amending the
Fiscal Year 2021/22 CIP Program budget by establishing new CIP Projects, “Eucalyptus Park (PRK0340)”
and “Patty Davis Park (PRK0341)”; and appropriating funds for that purpose. (4/5 Vote Required)
SUMMARY
The City applied to the California Department of Parks and Recreation for grant funds available pursuant to
the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program. One
application was for the construction of Patty Davis Park, a new park at the western end of D Street. The other
application was for improvements of and new recreation features at Eucalyptus Park. The City was
conditionally awarded grant funding for both projects. The grant awards require a deed restriction on the
titles to the properties, safeguarding the properties for purposes consistent with the grant through June 30,
2050.
2022/05/03 City Council Post Agenda Page 133 of 180
P a g e | 2
Additionally, these projects require the establishment of new CIP projects and appropriating the grant
funding therefor.
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), Section 15303 class 3 (New
Construction or Conversion of Small Structures), Section 15304 Class 4 (Minor Alterations to Land), and
Section 15332 Class 32 (In-Fill Development Projects) because the proposed actions would not result in a
significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a
substantial adverse change in the significance of a historical resource. Thus, no further environmental review
is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The State of California Department of Parks and Recreation, Office of Grants and Local Services, released a
notice of funding availability for the Statewide Park Program (SPP) grant opportunity to create new parks
and new recreation opportunities in critically underserved communities across California. The City applied
for grant funding for two projects: One for the construction of Patty Davis Park, a new park at the western
end of D Street; and one for improvements of and new recreation features at Eucalyptus Park.
DEED RESTRICTION
On July 1, 2021, the California Department of Parks and Recreation’s Office of Grants and Local Services
conditionally approved Grant SW-37-014 in the amount of $1,862,506 for the creation of Patty Davis Park
including construction of playground areas, a community garden, picnic areas with shelter, and a
pathway/trail with art, lighting, and landscaping throughout the park, and conditionally approved Grant SW-
37-015 in the amount of $7,140,000 for the improvement of Eucalyptus Park including constructing an
artificial turf multipurpose field with lights, interactive water feature, skate/scooter plaza, bike skills and
jump area, walking path with fitness equipment, and pickleball courts with lights, renovate the recreation
building (Casa Casillas, an artist’s makers space), playground, dog park, parking lot, lighting and fencing
around the park. Both grant approvals are subject to, among other conditions, recordation of a Deed
Restriction on the Property for each site location.
The deed restrictions are to ensure that the properties will be used for the purposes consistent with the grant
through June 30, 2050 (See Attachment 2: Grant Contract – Patty Davis Park; Attachment 3: Deed Restriction
Form – Patty Davis Park; Attachment 4: Grant Contract – Eucalyptus Park; Attachment 5: Deed Restriction
Form – Eucalyptus Park).
2022/05/03 City Council Post Agenda Page 134 of 180
P a g e | 3
CAPITAL IMPROVEMENT PROGRAM
If resolutions A and B are approved, the Fiscal Year 2021/22 Capital Improvement Project (CIP) program
budget would be amended to include these two projects: CIP Project PRK0340 for Grant SW-37-015 for
improvements to Eucalyptus Park and CIP Project PRK0341 for Grant SW-37-014 for the creation of Patty
Davis Park.
Additionally, CIP GGV0262 has been established for renovations to Casa Casillas, an artist’s makers space
located at 50 N 4th Avenue which is currently active in the Fiscal Year 2021/2022 CIP program budget and
is included in the scope of work for Grant SW-37-015 for improvements to Eucalyptus Park. If Resolution C
is approved, $750,000 would be appropriated to CIP GGV0262 in reference to Grant SW-37-015. The
remaining approved funding for Grant SW-37-015 of $6,390,000 would be appropriated to CIP PRK0340.
The complete approved funding for Grant SW-37-014 of $1,862,506 would be appropriated to CIP PRK0341.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that Councilmember McCann has
real property holdings within 500 feet of the boundaries of Eucalyptus Park property which is the subject of
this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and
18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the
Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member.
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 Resolution C will authorize an appropriation of $750,000 to CIP GGV0262, $6,390,000 to CIP
PRK0340, and $1,862,506 to CIP PRK0341 in the fiscal year 2021/2022 CIP program budget. Funding for
this project will come from the State of California and will completely offset the project costs resulting in no
net fiscal impact to the General Fund as a result of accepting this grant.
ONGOING FISCAL IMPACT
There are no additional ongoing fiscal impacts to the General Fund with the improvements to Eucalyptus
Park.
The creation of Patty Davis Park will require approximately $11,380 in ongoing annual maintenance
beginning with the completion of the park, anticipated for First Quarter of Fiscal Year 2025/26.
ATTACHMENTS
1. Exhibit A - Legal Description of Property (Patty Davis Park)
2. Grant Contract – Patty Davis Park
3. Deed Restriction Form – Patty Davis Park
4. Exhibit B - Legal Description of Property (Eucalyptus Park)
5. Grant Contract – Eucalyptus Park
6. Deed Restriction Form – Eucalyptus Park
2022/05/03 City Council Post Agenda Page 135 of 180
P a g e | 4
Staff Contact: Tim Farmer, Parks & Recreation Administration
Tracy Lamb, Director, Community Services
2022/05/03 City Council Post Agenda Page 136 of 180
2022/05/03 City Council Post Agenda Page 137 of 180
�
SHEET 1 OF 1
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(19.44') (2814.82')
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- - - -EXISTING LOT LINE/ RIGHT-OF-WAY LINE
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2022/05/03 City Council Post Agenda Page 138 of 180
DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43
Barbara Baker
Supervisor
2/28/2022
2022/05/03 City Council Post Agenda Page 139 of 180
DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43
2022/05/03 City Council Post Agenda Page 140 of 180
DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43
2022/05/03 City Council Post Agenda Page 141 of 180
DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43
2022/05/03 City Council Post Agenda Page 142 of 180
DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43
2022/05/03 City Council Post Agenda Page 143 of 180
DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43
2022/05/03 City Council Post Agenda Page 144 of 180
DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43
2022/05/03 City Council Post Agenda Page 145 of 180
DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43
2022/05/03 City Council Post Agenda Page 146 of 180
DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43
Supervisor
2/28/2022
2022/05/03 City Council Post Agenda Page 147 of 180
1
RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Karen Sims
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
DEED RESTRICTION
I. WHEREAS, the City of Chula Vista (hereinafter referred to as “Owner(s)” is/are
recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by
reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to
as “DPR”) is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the “PRC”). And
III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to
the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018
Parks Bond Act, Statewide Park Development and Community Revitalization Program to create Patty
Davis Park in the City of Chula Vista. Including, construct playground areas, a community garden, picnic
areas with shelter, and a pathway/trail with art, lighting and landscaping throughout the park on the
Property; and
IV. WHEREAS, on _July 1, 2021 , DPR’s Office of Grants and Local Services conditionally
approved Grant SW-37-014, (hereinafter referred to as “Grant”) to create Patty Davis Park in the City of
Chula Vista. Including, construct playground areas, a community garden, picnic areas with shelter, and a
pathway/trail with art, lighting and landscaping throughout the park on the Property, subject to, among
other conditions, recordation of this Deed Restriction on the Property; and
2022/05/03 City Council Post Agenda Page 148 of 180
2
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide Park
Development and Community Revitalization Program and the funds that are the subject of the Grant
could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant,
so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-
in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at
paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use
and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall
bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from
July 1, 2020 through June 30, 2050.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or
successor statute, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being
observed.
2022/05/03 City Council Post Agenda Page 149 of 180
3
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction
up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of
DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights
regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: ______________________, 20 ____
Business Name (if property is owned by a business): __________________________________________
Owner(s) Name(s): ____________________________________________________________________
_____________________________________________________________________________________
Signed: ________________________________ Signed: ________________________________
________________________________ ________________________________ PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE
(GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED)
2022/05/03 City Council Post Agenda Page 150 of 180
4
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
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5
State of California
County of _______________
On __________________ before me, __________________________, a Notary Public,
personally appeared _____________________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
2022/05/03 City Council Post Agenda Page 152 of 180
2022/05/03 City Council Post Agenda Page 153 of 180
DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21
Barbara Baker
2/28/2022
Staff Park & Recreation Specialist
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DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21
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DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21
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DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21
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DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21
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DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21
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DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21
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DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21
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DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21
Supervisor
2/28/2022
2022/05/03 City Council Post Agenda Page 162 of 180
1
RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Karen Sims
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
DEED RESTRICTION
I. WHEREAS, the City of Chula Vista (hereinafter referred to as “Owner(s)” is/are
recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by
reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to
as “DPR”) is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the “PRC”). And
III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to
the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018
Parks Bond Act, Statewide Park Development and Community Revitalization Program to improve
Eucalyptus Park in the City of Chula Vista. Including, construct an artificial turf multipurpose field with
lights, interactive water feature, skate/scooter plaza, bike skills and jump area, walking path with fitness
equipment, and pickleball courts with lights; renovate the recreation building, playground, dog park,
parking lot, lighting and fencing around the park on the Property; and
IV. WHEREAS, on _July 1, 2021 , DPR’s Office of Grants and Local Services conditionally
approved Grant SW-37-015, (hereinafter referred to as “Grant”) to improve Eucalyptus Park in the City of
Chula Vista. Including, construct an artificial turf multipurpose field with lights, interactive water feature,
skate/scooter plaza, bike skills and jump area, walking path with fitness equipment, and pickleball courts
2022/05/03 City Council Post Agenda Page 163 of 180
2
with lights; renovate the recreation building, playground, dog park, parking lot, lighting and fencing
around the park on the Property, subject to, among other conditions, recordation of this Deed Restriction
on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide Park
Development and Community Revitalization Program and the funds that are the subject of the Grant
could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant,
so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-
in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at
paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use
and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall
bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from
July 1, 2020 through June 30, 2050.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or
successor statute, which survives a sale of tax-deeded property.
2022/05/03 City Council Post Agenda Page 164 of 180
3
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being
observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction
up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of
DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights
regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: ______________________, 20 ____
Business Name (if property is owned by a business): __________________________________________
Owner(s) Name(s): ____________________________________________________________________
_____________________________________________________________________________________
Signed: ________________________________ Signed: ________________________________
________________________________ ________________________________ PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE
(GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED)
2022/05/03 City Council Post Agenda Page 165 of 180
4
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
2022/05/03 City Council Post Agenda Page 166 of 180
5
State of California
County of _______________
On __________________ before me, __________________________, a Notary Public,
personally appeared _____________________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
2022/05/03 City Council Post Agenda Page 167 of 180
RESOLUTION NO. xx-xxxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING A DEED RESTRICTION TO
THE PATTY DAVIS PARK PROPERTY THAT IS REQUIRED
AS A CONDITION OF THE GRANT AWARD FOR THE
STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM FROM THE STATE OF
CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION, OFFICE OF LOCAL GRANTS AND
SERVICES
WHEREAS, the City of Chula Vista (City) is the recorded owner of the real property
described in Exhibit A, which is attached hereto and incorporated herein by this reference (the
“Propert y”); and
WHEREAS, the California Department of Parks and Recreation (“DPR”) is a public
agency created and existing under the authority of section 5001 of the California Public
Resources Code ( “PRC”); and
WHEREAS, the City applied to DPR for grant funds available pursuant to the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All of 2018 Parks
Bond Act, Statewide Park Development and Community Revitalization Program to create Patty
Davis Park in the City of Chula Vista, including the construction of playground areas, a
community garden, picnic areas with shelter, and a pathway/trail with art, lighting, and
landscaping throughout the park on the Property; and
WHEREAS, on July 1, 2021, DPR’s Office of Grants and Local Services conditionally
approved Grant SW-37-014 ( “Grant”) to create Patty Davis Park in the City of Chula Vista,
including the construction of playground areas, a community garden, picnic areas with shelter,
and a pathway/trail with art, lighting and landscaping throughout the park on the Property,
subject to, among other conditions, recordation of a Deed Restriction on the Property; and
WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide
Park Development and Community Revitalization Program and the funds that are subject of the
Grant could therefore not have been allocated; and
WHEREAS, the City has elected to comply with the Deed Restriction of the Grant so as
to enable the City to receive the Grant funds and perform the work described in the Grant; and,
WHEREAS, the Deed Restriction shall remain in full force and effect and shall bind the
City of Chula Vista for the period running from July 1, 2020 through June 30, 2050.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista that, in consideration of the issuance of the Grant funds by DPR, it authorizes the execution
2022/05/03 City Council Post Agenda Page 168 of 180
Resolution No. _________
Page 2
of a Deed Restriction to the title of the property for Patty Davis Park in the manner and form as
attached hereto and by reference made a part hereof, subject to such minor modifications as may
be required or approved by the City Attorney, , and authorizes the City Manager or designee to
execute the Deed Restriction
Presented by
Tracy Lamb
Director of Community Services
Approved as to form by
Glen R. Googins
City Attorney
2022/05/03 City Council Post Agenda Page 169 of 180
RESOLUTION NO. xx-xxxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING A DEED RESTRICTION FOR
THE EUCALYPTUS PARK PROPERTY THAT IS REQUIRED
AS A CONDITION OF THE GRANT AWARD FOR THE
STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM FROM THE STATE OF
CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION OFFICE OF LOCAL GRANTS AND SERVICES
WHEREAS, the City of Chula Vista (City) is the recorded owner of the real property
described in Exhibit B, attached and incorporated herein by reference (the “Property”); and
WHEREAS, the California Department of Parks and Recreation ( “DPR”) is a public
agency created and existing under the authority of section 5001 of the California Public
Resources Code ( “PRC”); and
WHEREAS, the City applied to DPR for grant funds available pursuant to the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All of 2018 Parks
Bond Act, Statewide Park Development and Community Revitalization Program to improve
Eucalyptus Park in the City of Chula Vista including the construction of an artificial turf
multipurpose field with lights, interactive water feature, skate/scooter plaza, bike skills and jump
area, walking path with fitness equipment, and pickleball courts with lights, and renovation of
the recreation building, playground, dog park, parking lot, lighting, and fencing around the park
on the Property; and
WHEREAS, on July 1, 2021, DPR’s Office of Grants and Local Services conditionally
approved Grant SW-37-015 ( “Grant”) to improve Eucalyptus Park in the City of Chula Vista
including the construction of an artificial turf multipurpose field with lights, interactive water
feature, skate/scooter plaza, bike skills and jump area, walking path with fitness equipment, and
pickleball courts with lights, and renovation of the recreation building, playground, dog park,
parking lot, lighting, and fencing around the park on the Property, subject to, among other
conditions, recordation of a Deed Restriction on the Property; and
WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide
Park Development and Community Revitalization Program and the funds that are subject of the
Grant could therefore not have been allocated; and
WHEREAS, the City elected to comply with the Deed Restriction of the Grant so as to
enable the City to receive the Grant funds and perform the work described in the Grant; and
WHEREAS, the Deed Restriction shall remain in full force and effect and shall bind the
City of Chula Vista for the period running from July 1, 2020 through June 30, 2050.
2022/05/03 City Council Post Agenda Page 170 of 180
Resolution No. _________
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista that, in consideration of the issuance of the Grant funds by DPR, it authorizes the execution
of a Deed Restriction to the title of the property for Eucalyptus Park in the manner and form as
attached hereto and by reference made a part hereof, subject to such minor modifications as may
be required or approved by the City Attorney, , and authorizes the City Manager or designee to
execute the Deed Restriction.
Presented by
Tracy Lamb
Director of Community Services
Approved as to form by
Glen R. Googins
City Attorney
2022/05/03 City Council Post Agenda Page 171 of 180
RESOLUTION NO. xx-xxxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 2021/2022 CIP
PROGRAM BUDGET BY ESTABLISHING NEW CIP
PROJECTS, “EUCALYPTUS PARK (PRK0340)” AND “PATTY
DAVIS PARK (PRK0341)”; AND APPROPRIATING FUNDS
THEREFOR (4/5 VOTE REQUIRED)
WHEREAS, the City of Chula Vista (City) applied to the California Department of Parks
and Recreation (DPR) for grant funds available pursuant to the California Drought, Water, Parks,
Climate, Coastal Protection, and Outdoor Access For All of 2018 Parks Bond Act, Statewide
Park Development and Community Revitalization Program to improve Eucalyptus Park and
create Patty Davis Park; and
WHEREAS, on July 1, 2021, the DPR’s Office of Grants and Local Services
conditionally approved Grant SW-37-014 in the amount of $1,862,506 for the creation of Patty
Davis Park including the construction of playground areas, a community garden, picnic areas
with shelter, a pathway/trail with art, lighting, and landscaping throughout the park; and
WHEREAS, on July 1, 2021, the DPR’s Office of Grants and Local Services
conditionally approved Grant SW-37-015 in the amount of $7,140,000 for the improvement of
Eucalyptus Park including the construction of an artificial turf multipurpose field with lights,
interactive water feature, skate/scooter plaza, bike skills and jump area, walking path with fitness
equipment, and pickleball courts with lights, and the renovation of the recreation building,
playground, dog park, parking lot, lighting, and fencing around the park; and
WHEREAS, staff recommends establishing Capital Improvement Program (CIP) project
PRK0340 for the improvements to Eucalyptus Park as defined in Grant SW-37-015; and
WHEREAS, staff recommends establishing CIP project PRK0341 for the creation of
Patty Davis Park as defined in Grant SW-37-014; and
WHEREAS, CIP GGV0262 has been established for renovations to the recreation
building located at 50 N 4th Avenue, Chula Vista, and is currently active in the Fiscal Year
2021/2022 Capital Improvement Project program budget; and
WHEREAS, the recreation building located at 50 N 4th Avenue, also known as Casa
Casillas, is included in the scope of work for Grant SW-37-015; and
WHEREAS, staff recommends appropriating $750,000 in funds from Grant SW-37-015
to be allocated to CIP GGV0262; and
WHEREAS, staff recommends appropriating $6,390,000 in funds from Grant SW-37-015
to be allocated to CIP PRK0340; and
2022/05/03 City Council Post Agenda Page 172 of 180
Resolution No. _________
Page 2
WHEREAS, staff recommends appropriating $1,862,506 in funds from Grant SW-37-014
to be allocated to CIP PRK0341.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it amends the Fiscal Year 2021/22 budget and approves the following appropriations and
transfers:
Summary of Appropriations and/or Transfers for Other Funds
FUND
CIP
BUDGET
TRANSFERS
OUT
TOTAL
EXPENSE REVENUE
TRANSFER
IN
TOTAL
REVENUE NET COST
State Grants (Fund 273)9,002,506 9,002,506 (9,002,506) - (9,002,506) -
Capital Improvement Projects
(Fund 713)(GGV0262)750,000 750,000 (750,000) (750,000) -
Capital Improvement Projects
(Fund 713)(PRK0340)6,390,000 6,390,000 (6,390,000) (6,390,000) -
Capital Improvement Projects
(Fund 713)(PRK0341)1,862,506 1,862,506 (1,862,506) (1,862,506) -
TOTAL OTHER FUNDS 9,002,506 9,002,506 18,005,012 (9,002,506) (9,002,506) (18,005,012) -
Presented by
Tracy Lamb
Director of Community Services
Approved as to form by
Glen R. Googins
City Attorney
2022/05/03 City Council Post Agenda Page 173 of 180
Park Grant
Awards
City Council Meeting
May 3, 2022
2022/05/03 City Council Post Agenda Page 174 of 180
ACTIONS
Deed Restrictions and CIP Projects
Resolution #1
Authorizing a deed
restriction to the title of the
property for Patty Davis
Park which is required as a
condition of the grant award
Resolution #2
Authorizing a deed
restriction to the title of the
property for Eucalyptus
Park required as a condition
of the grant award
Resolution #3
Amending the FY2021/2022
CIP program budget by
establishing new CIP
Projects, “Eucalyptus Park
(PRK0340)” and “Patty Davis
Park (PRK0341)”; and
appropriating funds
therefor, including $750,000
for GGV0262. (4/5 vote
required)2022/05/03 City Council Post Agenda Page 175 of 180
Patty
Davis
Park
2022/05/03 City Council Post Agenda Page 176 of 180
Eucalyptus Park
2022/05/03 City Council Post Agenda Page 177 of 180
Casa Casillas
Exterior2022/05/03 City Council Post Agenda Page 178 of 180
Casa Casillas
Interior2022/05/03 City Council Post Agenda Page 179 of 180
Comments/
Questions
Tracy Lamb,
Director of Community Services
Tim Farmer,
Parks & Recreation Administrator
Angelica Aguilar,
Assistant Director of Public Works
2022/05/03 City Council Post Agenda Page 180 of 180