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2024/08/13 Post Agenda Packet
Date:Tuesday, August 13, 2024, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL MEETING Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only). Free Spanish interpretation is available on-site. _______________________________________________________________________________________ In-Person Public Comments: Submit a request to speak to City Clerk staff before the close of the public comment period on an item or before the close of the general Public Comment period for non-agenda items. Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." You may also email cityclerk@chulavistaca.gov. eComments, emails, and other written comments must be received by noon for a regular City Council meeting. Watch Live or Recorded (English and Spanish): Visit chulavistaca.gov/councilmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages. Accessibility: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691- 5041. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations. PUBLIC PARTICIPATION Complete Agenda Packet: The complete agenda packet, including staff reports, draft resolutions and ordinances, and other backup materials, is available at chulavistaca.gov/councilmeetings or the City Clerk's Office. Time Allotted for Speaking (subject to change by the presiding officer) - Consent Calendar (any or all items): 3 minutes - Agenda Items (not on Consent): 3 minutes - General Public Comment (not on agenda): 3 minutes Individuals who use a translator will be allotted twice the time. General Public Comments: Twenty-one (21) minutes are scheduled near the beginning of the meeting. The first seven (7) speakers will be heard during the first Public Comment period. If there are additional speakers registered, they will be heard during the continued Public Comment period. If all registered speakers present at the time address the City Council during the first Public Comment period, there will be no continued Public Comment period. Submitting Request to Speak: A request to speak must be submitted to the City Clerk before the close of the public comment period on an item or before the close of the general Public Comment period for non-agenda items. 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. Before the vote, there is no separate discussion of these items unless the Mayor or a City Councilmember removes the item from the consent calendar. Items removed from the consent calendar are heard as action items. Public Comment provides an opportunity to address the City Council on any matter not listed on the agenda that is within the jurisdiction of the City Council. Under the Brown Act, the City Council cannot take action on matters not listed on the agenda. Public Hearings are held on matters specifically required by law. Action Items are items expected to cause discussion and/or action by the City Council but do not legally require a public hearing. Closed Session may only be attended by members of the City Council, support staff, legal counsel, and others as specified on the agenda. Closed session may be held only in very limited circumstances as authorized by law. CITY COUNCIL ACTIONS: Resolutions are formal expressions of opinion or intention of the City Council and are usually effective immediately. Ordinances are laws adopted by the City Council. Ordinances usually amend, repeal, or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings and 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. City of Chula Vista - City Council August 13, 2024 Post Agenda Page 2 of 317 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 Felix Sablan - Cultural Arts Commission Eleuterio Buquiran - Sustainability Commission Morgan Murphy - Health, Wellness, and Aging Commission 4.2 Presentation by Republic Services Regarding the Vehicle Replacement and Electrification Program 11 4.3 Presentation of a Proclamation Proclaiming National Purple Heart Day in the City of Chula Vista 4.4 Presentation of a Proclamation Commending Isabella Fuentes for Her Accomplishments in Little League Baseball 5.CONSENT CALENDAR (Items 5.1 through 5.6) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless the Mayor or a City Councilmember removes the item from the consent calendar. Items removed from the consent calendar will be heard as action items. RECOMMENDED ACTION: To approve the recommended actions appearing below consent calendar Items 5.1, 5.2 and 5.4 through 5.6. The headings were read, text waived. The motion was carried by the following vote: 5.1 Approve Meeting Minutes 25 5.2 Waive Reading of Text of Resolutions and Ordinances City of Chula Vista - City Council August 13, 2024 Post Agenda Page 3 of 317 5.3 Agreement: Approve an Agreement with T.Y. Lin International to Provide Construction Management Services Related to the Heritage Bridge Replacement and Main Street Widening Projects 32 Report Number: 24-0145 Location: Heritage Road and Main Street between Entertainment Circle North and Nirvana Avenue Department: Engineering G.C. § 84308: No Environmental Notice: The Project is adequately covered in a previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. 5.4 Investment Report: Quarter Ending June 30, 2024 61 Report Number: 24-0215 Location: No specific geographic location Department: Finance G.C. § 84308: No 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. 5.5 Grant Acceptance: Accept Grant Funding Through the USDA Forest Service for the Urban Forest Tree Inventory and Forest Management Plan Project, Approve Subaward Agreement with GreenLatinos, and Amend the Fiscal Year 2024/25 Budget 97 Report Number: 24-0206 Location: No specific geographic location Department: Public Works G.C. § 84308: No Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15306 Class 6 (Information Collection) and Section 15301 Class 1 (Existing Facilities). Under the National Environmental Policy Act, the activity is exempt pursuant to Title 7, Part 650.6(a) of the Code of Federal Regulations and the Department of Agriculture Environmental Guidelines. City of Chula Vista - City Council August 13, 2024 Post Agenda Page 4 of 317 RECOMMENDED ACTION: Adopt a resolution: A) accepting $500,000 in Inflation Reduction Grant funding through the United States Department of Agriculture, Forest Service Urban & Community Forestry (USDA Forest Service); B) approving a Subaward Agreement with GreenLatinos; (C) designating the City’s agent; and D) amending the Fiscal Year 2024/25 budget and appropriating funds therefor. (4/5 Vote Required) 5.6 Grant Award and Appropriation: Accept Grant Funds from California for All Animals via UC Davis and Appropriate the Funds 186 Report Number: 24-0220 Location: No specific geographic location Department: Animal Care G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting $50,700 in grant funds from California for All Animals via UC Davis to provide reclaim fee assistance, pet tags, and collars for every dog, and to increase marketing to raise awareness for City of Chula Vista Animal Services, amending the Fiscal Year 2024/25 budget, and appropriating funds for that purpose. (4/5 Vote Required) 6.PUBLIC COMMENTS 192 Twenty-one minutes are scheduled for the public to address the City Council for three minutes each on any matter within the jurisdiction of the City Council that is not on the agenda. The remaining speakers, if any, will be heard during the continued Public Comment period. 7.PUBLIC HEARINGS City of Chula Vista - City Council August 13, 2024 Post Agenda Page 5 of 317 7.1 Bond Approval: Approve the Issuance of Tax-Exempt Multifamily Housing Revenue Bonds for the Construction of the Citrus Villa Project and Certain Other Matters Relating Thereto 204 Report Number: 24-0219 Location: 178 Third Avenue Department: Housing and Homeless Services G.C. § 84308: No 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 authorizing the issuance of $25,000,000 in tax-exempt bonds for an affordable project to be known as Citrus Villa, located at 178 Third Avenue. 7.2 Bond Approval: Approve the Issuance of Tax-Exempt Multifamily Housing Revenue Bonds for the Renovation of the Seniors on Broadway Project and Certain Other Matters Relating Thereto 218 Report Number: 24-0222 Location: 845 Broadway Department: Housing and Homeless Services G.C. § 84308: No 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 authorizing the issuance of $12,000,000 in tax-exempt bonds for an existing affordable project, Seniors on Broadway, located at 845 Broadway. 8.ACTION ITEMS 8.1 Consider Items Removed From the Consent Calendar, if Any Consider items removed from the consent calendar by the Mayor or a City Councilmember, if any. If no items were removed from the consent calendar, this item will be withdrawn. City of Chula Vista - City Council August 13, 2024 Post Agenda Page 6 of 317 8.2 Municipal Bonds: Hear a Presentation from Stradling Yocca Carlson and Rauth, Bond and Disclosure Counsel, Regarding Federal Securities Law Matters Related to Disclosure Responsibilities 232 Report Number: 24-0097 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined in Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. 8.3 Human Relations Commission: Amend Chula Vista Municipal Code Chapter 2.36 “Human Relations Commission” Related to the Functions, Duties, and Membership of the Commission, Adopt a Council Policy Designating Special Observances, and Appropriate Funds 245 Report Number: 24-0173 Location: No specific geographic location Department: City Manager G.C. § 84308: No 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: A) Place an ordinance on first reading amending various sections in Chapter 2.36 of the Chula Vista Municipal Code “Human Relations Commission” to amend the functions and duties of the Commission and processes by which Commissioners are nominated and appointed (First Reading); and B) Adopt a resolution adopting a City Council policy entitled, “City Council Recognition of Special Observances” and amending the Fiscal Year 2024/25 budget to appropriate funds accordingly. (4/5 Vote Required) 9.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 10.CITY MANAGER’S REPORTS 11.MAYOR’S REPORTS City of Chula Vista - City Council August 13, 2024 Post Agenda Page 7 of 317 11.1 Boards and Commissions: Consider Annual Reappointments to City Boards and Commissions 283 REAPPOINTMENTS TO FIRST TERMS (Initial term less than two years) Robert Colon-Torres (formerly Robert Maisonet), Board of Ethics• Christine Brady, Cultural Arts Commission• Mary Johnson, Health, Wellness, and Aging Commission• Sandra Hodge, Human Relations Commission• Martin Calvo, Parks and Recreation Commission• Guy Chambers, Privacy Protection and Technology Advisory Commission • Hayley Salaza, Sustainability Commission• Jeanine Sharkey, Sustainability Commission• Tanya Wiliams, Veterans Advisory Commission• REAPPOINTMENTS TO SECOND TERMS Larry Disharoon, Charter Review Commission• Freda Hernadez-Nader, Health, Wellness, and Aging Commission• Norman Paddock, Housing and Homelessness Advisory Commission• Appaswamy “Vino” Pajanor, Human Relations Commission • Report Number: 2024-0196 Location: No specific geographic location Department: City Clerk G.C. § 84308: No 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: Make the reappointments as appropriate. City of Chula Vista - City Council August 13, 2024 Post Agenda Page 8 of 317 11.2 Consider Forming a City Council Subcommittee on Outdoor Dining 301 G.C. § 84308: No 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: to consider the formation of a City Council subcommittee on outdoor dining consisting of Mayor McCann and Councilmember Preciado. 12.COUNCILMEMBERS’ REPORTS 12.1 Councilmember Preciado 306 Consider Adopting a Resolution Expressing the City's Support of the California Legislative Black Caucus (CLBC) 2024 Reparations Priority Bill Package G.C. § 84308: No 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: Consider adopting the resolution. 13.CITY CLERK'S REPORTS 14.CITY ATTORNEY'S REPORTS 15.CLOSED SESSION Announcements of actions taken in closed session shall be made available by noon on the next business day following the City Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) 314 A) ACLU v. Chula Vista Police Department, San Diego Superior Court Case No. 37-2024-20320-CU-WM-CTL B) CV Amalgamated LLC dba Caligrown v. City of Chula Vista, et al., San Diego Superior Court Case No. 37-2020-00033446-CU-MC-CTL and CV Amalgamated LLC dba Caligrown v. City of Chula Vista, et al., U.S. District Court, Southern District of California Case No. 3:24-cv-01348-RSH-DDL City of Chula Vista - City Council August 13, 2024 Post Agenda Page 9 of 317 15.2 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Maria Kachadoorian, Marco Verdugo, Courtney Chase, Tanya Tomlinson, and Sarah Schoen Employee organization: ACE, IAFF, MM/PR, WCE 16.ADJOURNMENT to the regular City Council meeting on September 10, 2024, 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. City of Chula Vista - City Council August 13, 2024 Post Agenda Page 10 of 317 Otay Sustainability Park The Otay Landfill is becoming a comprehensive sustainability center showcasing safe, reliable, and environmentally responsible recycling and composting practices. © 2024 Republic Services, Inc. For more information, visit Otaylandfill.com Residential Customers (Yard/food waste) - Republic manages the first state-of-the-art fully solar-powered compost facility, processing 200 tons of material per day, and will increase to 400 tons. Commercial Customers (Food waste only) - De-packaging, and separation system for source separated organics. Significantly reducing the amount of contamination to ensure food waste is recycled. This equipment can process 20 tons of source-separated organic waste per hour. Opening Fall 2024. A center to process waste from construction, renovation, repair, and demolition of houses, large building structures, roads, bridges, and piers. This facility will break down wood, steel, concrete, gypsum, masonry, metal, and asphalt to be reused. A future materials recycling facility will be built to sort and separate plastics, glass, paper, aluminum cans, cardboard, and other materials to be recycled and reused into other products. Permit and Design Phase. Organics Recycling Center Construction & Demolition Center Prior to closure of the Otay Landfill, this station will be developed for waste to be consolidated, compacted, and loaded into long-haul trailers for more sustainable transportation to Sycamore Landfill which will serve as the primary landfill for the region. Permit and Design Phase Transfer Station Electric trash trucks will be added to the Chula Vista residential hauling fleet by the end of 2024. EV trucks reduce noise and air pollution, improving local air quality. In addition, electric zero emissions passenger trucks will replace gas-powered trucks in the future. EV Trash Trucks Republic’s investment in South County will exceed over $50 million at the Otay Sustainability Park to support sustainable initiatives for our future. Awards • National Waste & Recycling Association’s 2022 Organics Management Facility of the Year • 2022 California Resource Recovery Association’s Dave Hardy Leadership in Organics Award Page 11 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista Vehicle Replacement & Electrification Update Rick Rojas, General Manager Richard Coupland, Vice President Municipal Sales Page 12 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 2 COLLECTION VEHICLES Vehicle Types Commercial -FL Residential Industrial -Roll Off Page 13 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 3 COLLECTION VEHICLES : VEHICLE MAINTENANCE Air Conditioning Upgrades 2023 –2024 •Upgraded 12 vehicles with new A/C systems •Red Dot roof mount air conditioning systems •Cost $7,000 per unit ~$80,000 investment Page 14 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 4 COLLECTION VEHICLES 32 New Vehicles in City of Chula Vista in 2024 New Vehicles for City Of Chula Vista Estimated $14M Investment Page 15 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 5 EQUIPMENT SPECIFICATIONS AND MAINTENANCE Collection Vehicles 6.2.13 Page 16 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 6 NEW VEHICLE SAFETY ENHANCEMENTS UPGRADES TO NEW AND EXISITING VEHICLES Page 17 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 7 EV RESEARCH PROGRAM Technology Research Program Internal program to place and evaluate trucks in various market and terrain conditions Entering 4th year with trucks on routes Expanding research trucks to 24 markets in 2024 2024 Research Markets * McNeilus Volterra ZSL Anaheim, CA Baltimore, MD Bend, OR Boise, ID Carlsbad, CA Chicago, IL Chula Vista, CA Daly City, CA Fairfield, CA Fort Collins, CO Fremont, CA Gardena, CA Huntington Beach, CA Long Beach, CA Pacheco, CA Phoenix, AZ Rancho Cordova, CA Richmond, CA Salem, OR Salinas, CA Stockton, CA Wilsonville, OR * Low qty (1-2) trucks for evaluation purposes; Should not be marketed by municipality as these are subject to movement to other markets as needed. Page 18 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 8 BENEFITS TO MUNICIPALITIES Climate Action Plan Contribution Reduced greenhouse gas emissions, through an 85% carbon reduction over diesel trucks (27% over RNG), and zero tailpipe emissions Reduced Noise Pollution 50%+ quieter on collection days (some Municipalities even ask for noise generators) Safer Communities Enhanced safety features consistent with the most state- of-the-art vehicles today Employing Local Talent Better attraction and retention of driver talent, leveraging the TalentLink program Differentiates the Municipality Signals to constituents that the Municipality is progressive and committed to sustainability; Sets them apart from other peers Access to Subject Matter Experts Municipality can leverage our subject experts for planning other Municipal fleet conversions Page 19 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda PERFORMANCE 9 Performance on our research fleet gives us the confidence to launch our Conversion Program. •Able to complete full routes for both MSW and Recycling •80-110 miles; 1000-1200 lifts (Total mileage and quantity of serviced homes varies by route) •Average daily operations of ~10 hours •Average returning “State of Charge” (SOC) of >20% •85% emission reduction over diesel (using CA power grid) •Zero tailpipe emissions in community •Over 50% less noise pollution (on compaction cycle) •State-of-the-Art Safety features Page 20 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 10 Auto braking Collision warning BrakingBlind Spot 360°view camera Blind spot warning Cross traffic Window design Camera system Driver Visibility SAFER COMMUNITIES Page 21 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 11 EMPLOYING LOCAL TALENT The “office” for a driver is the cab of their truck Offering a superior “office” will differentiate 30% more spacious cab Greater visibility Safety features give peace of mind Cooler (no hot engine under seat) Quieter Community Attention –Residents and kids love the truck Republic Driver Study Drivers in Oshkosh, WI testing new Oshkosh EV In an ever-increasing CDL driver shortage, EV trucks help attract and retain top talent Page 22 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 12 CONTRACT CONVERSION SEQUENCE Infrastructure Trucks (Build slots are 12-18+ months out) Initial delivery for routes that fit current performance Contracted annual Price Increase adjusted to include incremental EV costs for any EV trucks delivered Process repeated annually as additional routes are enabled TRANSFORMER SWITCHGEAR CONDUIT CHARGER Utility Upgrade 12+ months Feasibility 3 months Construction 3 months Permitting 6 months Page 23 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 13 Page 24 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista Regular City Council Meeting MINUTES Date: Location: August 6, 2024, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, Mayor McCann Also Present: City Manager Kachadoorian, City Attorney Verdugo, City Clerk Bigelow, Deputy Director of City Clerk Services Turner Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:00 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Councilmember Morineau. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office This item was not considered. 5. CONSENT CALENDAR (Items 5.1 through 5.10) John Acosta, Chula Vista resident, spoke regarding various topics related to the Consent Calendar. Moved by Mayor McCann Seconded by Deputy Mayor Gonzalez To approve the recommended actions appearing below consent calendar Items 5.1 through 5.10. The headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Page 25 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 2024/08/06 City Council Regular Meeting Minutes Page 2 5.1 Approve Meeting Minutes Approval of the minutes dated: July 16, 2024. 5.2 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Municipal Code Amendment: Adopt an Ordinance Amending the Municipal Code Section on Unclassified Positions John Acosta, Chula Vista resident, submitted written comments regarding the item. Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position titles of FA Deputy Director of IV-LECC and FA Administrative Program Manager. (Second Reading and Adoption) (4/5 Vote Required) ITEM 5.3 HEADING: ORDINANCE NO. 3576 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE UNCLASSIFIED POSITION TITLES OF “FA DEPUTY DIRECTOR IV-LECC” AND “FA ADMINISTRATIVE PROGRAM MANAGER” (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) 5.4 Community Facilities District Formation: Adopt an Ordinance Relating to the Levy of a Special Tax within Community Facilities District 2024-1 (Citrus Bay) John Acosta, Chula Vista resident, submitted written comments regarding the item. Adopt an ordinance relating to the levy of a special tax within Community Facilities District No. 2024-1 (Citrus Bay) (Second Reading and Adoption) ITEM 5.4 HEADING: ORDINANCE NO. 3577 OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (CITRUS BAY) OF THE CITY OF CHULA VISTA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT (SECOND READING AND ADOPTION) 5.5 Grant Application: Authorize Submittal of a State of California Permanent Local Housing Allocation (PLHA) Grant Application Adopt a resolution authorizing the 2023 annual application for funds of the Permanent Local Housing Allocation (PLHA) grant from the State of California Department of Housing and Community Development (HCD) and authorizing the City Manager or designee to execute all related documents for such. ITEM 5.5 HEADING: RESOLUTION NO. 2024-162 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM Page 26 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 2024/08/06 City Council Regular Meeting Minutes Page 3 5.6 Grant Application: Authorize Submittal to the California Department of Housing and Community Development Local Housing Trust Fund Matching Grant Program Adopt a resolution authorizing the application to the Local Housing Trust Fund Program and authorizing the City Manager, or designee, to execute all documents for such. ITEM 5.6 HEADING: RESOLUTION NO. 2024-163 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY TO APPLY FOR, RECEIVE, ACT AS TRUSTEE FOR, AND CONTRIBUTE A LOCAL MATCH TO LOCAL HOUSING TRUST FUND FUNDS AWARDED BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 5.7 Mutual Aid Reimbursement: Update the Approval of Terms and Conditions for Fire Department Response Away From Their Official Duty Station and Assigned to an Emergency Incident Adopt a resolution updating and approving the terms and conditions for Fire Department response away from their official duty station and assigned to an emergency incident. ITEM 5.7 HEADING: RESOLUTION NO. 2024-164 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IDENTIFYING THE TERMS AND CONDITIONS FOR FIRE DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT 5.8 Grant Acceptance and Appropriation: Accept a Grant from the California Highway Patrol for a Cannabis Tax Fund Grant Program and Appropriate Funds Adopt a resolution accepting $261,013 in grant funds from the California Highway Patrol and appropriating the funds to the Police Grants Section of the State Grants Fund for the Cannabis Tax Fund Grant Program. (4/5 Vote Required) ITEM 5.8 HEADING: RESOLUTION NO. 2024-165 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE CALIFORNIA HIGHWAY PATROL FOR THE CANNABIS TAX FUND GRANT PROGRAM AND AMENDING THE FISCAL YEAR 2024-25 BUDGET TO APPROPRIATE FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.9 Grand Jury Report: Response to the 2023/2024 Grand Jury Report on Retired Senior Volunteer Patrol Programs (RSVP) at San Diego Law Enforcement Agencies Adopt a resolution accepting the 2023/2024 Grand Jury Report on Retired Senior Volunteer Patrol Programs (RSVP) at San Diego Law Enforcement Agencies and authorizing the Chief of Police to respond on behalf of the City. Page 27 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 2024/08/06 City Council Regular Meeting Minutes Page 4 ITEM 5.9 HEADING: RESOLUTION NO. 2024-166 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2023/2024 GRAND JURY REPORT ON RETIRED SENIOR VOLUNTEER PATROL PROGRAMS AT SAN DIEGO LAW ENFORCEMENT AGENCIES AND AUTHORIZING THE CHIEF OF POLICE TO SUBMIT THE RESPONSE ON BEHALF OF THE CITY 5.10 Bargaining Agreement: Approve an Amendment to the Memorandum of Understanding with Local 2180, International Association of Fire Fighters Related to 24-Hour SQUAD Staffing Adopt a resolution approving a Third Amendment to the Memorandum of Understanding (“MOU”) between the City of Chula Vista and Local 2180, International Association of Fire Fighters (“Local 2180”) Covering the Period of July 1, 2022, to December 31, 2024. ITEM 5.10 HEADING: RESOLUTION NO. 20244-167 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS COVERING THE PERIOD OF JULY 1, 2022, TO DECEMBER 31, 2024 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident, submitted written comments and spoke in opposition to the tenant protection ordinance. The following members of the public spoke in support of increased wages for ACE employees: Nicole Hobson, representing ACE Mayra Estrada Marisol Aguilera Tana Romano Carolyn Lechner John Acosta, Chula Vista resident, submitted written comments and spoke regarding various matters. Alan C. submitted written comments regarding the public comment process. 7. PUBLIC HEARINGS 7.1 Open Space Maintenance Districts: Approve Levying the Assessments and Collectibles for Fiscal Year 2024/25 for Open Space District 1 Mayor McCann and Councilmember Chavez stated they would abstain from voting on Item 7.1 due to a potential property-related conflict of interest, and they left the dais during the discussion and voting on the item. City Attorney Verdugo spoke regarding the proceedings. Page 28 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 2024/08/06 City Council Regular Meeting Minutes Page 5 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. The public hearing was opened on July 16, 2024, and was continued to this meeting. John Acosta, Chula Vista resident, spoke in support of the item. There being no further members of the public who wished to speak, Deputy Mayor Gonzalez closed the public hearing. Moved by Councilmember Preciado Seconded by Councilmember Morineau To adopt Resolution No. 2024-168, the heading was read, text waived. The motion was carried by the following vote: Yes (3): Deputy Mayor Gonzalez, Councilmember Morineau, and Councilmember Preciado Abstain (2): Councilmember Chavez, and Mayor McCann Result, Carried (3 to 0) ITEM 7.1 HEADING: RESOLUTION NO. 2024-168 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR FISCAL YEAR 2024-25 FOR OPEN SPACE DISTRICT 1 8. ACTION ITEMS 8.1 Consider Items Removed From the Consent Calendar, if Any There were none. 9. PUBLIC COMMENTS (CONTINUED) Marianna Saponara, Chula Vista resident, spoke regarding traffic concerns in the area of Nacion Avenue. The following members of the public spoke regarding matters related to homelessness: Brandon Claypool, Chula Vista resident Harold De Moss Jenne Fredrickson, Chula Vista resident, spoke regarding cannabis taxes. Jessica Van Arsdale, representing San Diego Urban Timber, spoke regarding the company. The following members of the public spoke in support of free access to Rohr Park horse arena: Darrell Jett Dennis Avalos Page 29 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 2024/08/06 City Council Regular Meeting Minutes Page 6 Tony Young spoke regarding San Diego Workforce Partnership and the services it provides. At the request of Councilmember Preciado there was a consensus of the City Council to hold a joint City Council discussion with the San Diego Workforce Partnership. 10. CITY MANAGER’S REPORTS There were none. 11. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 11.1 Consideration of Appointment of a Voting Delegate and Alternates for the 2024 League of California Cities Annual Conference to be Held in Long Beach, October 16 - 18 John Acosta, Chula Vista resident, spoke in opposition to the item. Moved by Mayor McCann Seconded by Councilmember Chavez To appoint Mayor McCann as the voting delegate and Councilmember Chavez as the alternate for the 2024 League of California Cities Annual Conference. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) At the request of Mayor McCann there was a consensus of the City Council to add an item to the August 13, 2024, agenda to consider the formation of a City Council subcommittee on outdoor dining consisting of Mayor McCann and Councilmember Preciado. 12. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. At the request of Councilmember Chavez, there was a consensus of the City Council to add an item to a future agenda to consider adopting a resolution in support of a transit pass for seniors, with the drafting of the resolution referred to the City Attorney. At the request of Councilmember Preciado, there was a consensus of a majority of the City Council to add an item to the August 13, 2024, agenda to consider adopting a resolution expressing the City's support of the California Legislative Black Caucus 2024 Reparations Priority Bill Package. 13. CITY CLERK'S REPORTS 13.1 Boards and Commissions: Hear a Presentation on the Existing Board and Commission Appointment Processes City Clerk Bigelow gave a presentation. Page 30 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 2024/08/06 City Council Regular Meeting Minutes Page 7 14. CITY ATTORNEY'S REPORTS There were none. 15. CLOSED SESSION Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney maintains official minutes and records of action taken during closed session. City Attorney Verdugo announced that the City Council would convene in closed session to discuss the items listed below. Mayor McCann recessed the meeting at 6:48 p.m. The City Council convened in closed session at 7:05 p.m., with all members present. 15.1 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 CV resident submitted written comments expressing a neutral position on the item. Agency designated representatives: Maria Kachadoorian, Marco Verdugo, Courtney Chase, Tanya Tomlinson, and Sarah Schoen Employee organization: ACE Action: No Reportable Action 15.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of case: Gerald Lewis v City of Chula Vista, San Diego Superior Court, Case No. 37-2023-00006770-CU-PO-CTL Action: No Reportable Action 15.3 Conference with Legal Counsel - Anticipated Litigation (Gov. Code § 54956.9 (d)(4)) Initiation of litigation: one case Action: Item was not heard. 16. ADJOURNMENT The meeting was adjourned at 8:34 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 31 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda v . 0 0 4 P a g e | 1 August 13, 2024 ITEM TITLE Agreement: Approve an Agreement with TYLin International to Provide Construction Management Services Related to the Heritage Bridge Replacement and Main Street Widening Projects Report Number: 24-0145 Location: Heritage Road and Main Street between Entertainment Circle North and Nirvana Avenue. Department: Engineering G.C. § 84308: No Environmental Notice: The Project is adequately covered in a previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. Recommended Action Adopt a resolution approving a consultant services agreement with TYLin International to perform Construction Management Services for Federal Project BRLS-5203(039): City projects Heritage Bridge Replacement (STM0386) and Main Street Widening (STM0388). SUMMARY After undergoing a Request for Proposal solicitation process, Staff has selected TYLin International to provide professional services for Construction Inspection, Bridge Construction Inspection and Management, Construction Surveying, Environmental Compliance, Geotechnical, and Materials Testing Services for the replacement of Heritage Road bridge and widening of Main Street The project will enhance safety and improve travel times for road users in the City of Chula Vista. 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 it is adequately covered in a previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any and all addenda for the Heritage Road Bridge Replacement Project. Page 32 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 2 Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City requires construction management services for the Heritage Bridge Replacement (City CIP No. STM0386) and Main Street Widening (City CIP No. STM0388) projects (the “Project”). The purpose of the Project is to replace the existing bridge on Heritage Road and widen Main Street ’s eastbound lanes from Nirvana Avenue to Heritage Road. The construction management services will involve extensive specialized structural construction and will ensure that City remains in compliance with requirements associated with grant administration as outlined in the Caltrans Local Assistance Procedures Manual (“LAPM”). The Project is eligible for grant funding through the Federal Highway Bridge Program (“HBP”) which is administered by Caltrans. Eligible grant expenses include construction engineering, which includes staff time and construction management services. Staff advertised a request for Proposals (“RFP”) for construction management services on August 19, 2022, in accordance with Chula Vista Municipal Code Section 2.56.110 and Caltrans LAMP Chapter 10. On September 30, 2022 the City received one (1) proposal from TYLin International. A bid analysis revealed that the RFP had fifty-three (53) prospective bidders, five (5) of which were likely prime bidders. During the six (6) week advertisement period, two (2) Request for Information (RFI) questions were submitted, both from TYLin. Prospective bidders were surveyed regarding not submitting a proposal. Consultants replied with various reasons: staffing constraints, decided to pursue other opportunities, or was not qualified. Staff determined that based on the procedures taken, bidding interest, and the consul tant responses, a competitive process was provided. Staff further determined that readvertisement would not be necessary and would not be in the public’s best interest as it would be costly and require additional time. A selection committee was created to select the consultant and was comprised of various staff, approved by the City Manager, that were subject matter experts from the project’s functional areas. The committee evaluated and scored the proposal and determined that TYLin International was qualified to complete the Project. Caltrans reviewed the RFP process and approved the selection. The Project experienced delays in 2023 due to unexpected conditions that surfaced while working toward obtaining the environmental permits for the Project. The envi ronmental permitting process was extended, and the Project received the fourth and final permit in the Spring of 2024. The City was then eligible to submit a request for authorization for construction funds to Caltrans. On July 1, 2024, the City received approval from Caltrans to commence the construction and construction engineering phase of the Project. Staff therefore recommends awarding the subject contract, which involves work under the construction engineering phase, to TYLin International. Page 33 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 3 The Project was advertised for construction on July 5, 2024. Bid opening is anticipated on August 21, 2024, and staff anticipates awarding the construction contract via Council before the end of the year. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Sufficient funding to cover this contract and City staff costs is included in capital improvement projects STM386 & STM388. Therefore, there is no additional current-year fiscal impact to the Highway Bridge Program and Transportation Development Fund as a result of this action. Project costs are summarized below: FUNDS REQUIRED FOR CONTRACT (STM386 & STM388) Contract Amount $ 5,678,205 Total Funds Required to Complete Project $ 5,678,205 AVAILABLE FUNDING FOR CONTRACT (STM386 & STM388) Highway Bridge Program – STM386 $4,926,300 TDIF – STM386 $638,341 TDIF – STM388 $113,564 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $5,678,205 ONGOING FISCAL IMPACT The proposed construction management contract will have no ongoing fiscal impact. All associated costs are covered within the existing project budget, ensuring no additional funding is required beyond the existing project appropriation. ATTACHMENTS 1. Vicinity Map 2. Two-Party Agreement Staff Contact: Matthew Little, PE, Deputy City Manager/Director of Engineering & Capital Projects Rosina Constanza, Principal Civil Engineer/Acting City Engineer David Hicks, Associate Civil Engineer Page 34 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND TYLIN INTERNATIONAL TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE HERITAGE BRIDGE REPLACEMENT AND MAIN STREET WIDENING PROJECTS WHEREAS, the Heritage Road Bridge Replacement Project includes the widening of the Main Street eastbound lanes from Nirvana Avenue to Heritage Road, and construction of a replacement bridge south of Main Street, across the Otay River on Heritage Road (the “Project”); and WHEREAS, the Project is eligible for replacement funding through the Federal Highway Bridge Program (“HBP”) administered through the California Department of Transportation Division of Local Assistance (“Caltrans”); and WHEREAS, the City requires construction management services in order to oversee the Project, which involves extensive specialized structural construction, and ensure compliance with requirements associated with the HBP grant administered by Caltrans; and WHEREAS, in order to procure these services and in order to use approved HBP funds for this work, on August 19, 2022, City solicited a Request for Proposals for Construction Management Consulting Services in accordance with the Caltrans Local Assistance Procedures Manual Chapter 10 and Chula Vista Municipal Code Section 2.56.110; and WHEREAS the City received one (1) proposal from TYLIN International to provide Construction Management Services; and WHEREAS, staff determined that based on procedures taken, bidding interest, and consultant responses to survey, a competitive process was provided, readvertisement would not be in the public’s best interest, and Caltrans grant funding oversight has concurred; and WHEREAS, the City Manager approved the formation of a consultant selection committee (the “Committee”) that included the contract administrator and subject matter experts from the project’s functional areas; and WHEREAS, the Committee reviewed and evaluated the qualifications and proposal and selected TYLin International for Professional Construction Management services for the Project; and WHEREAS, on July 1, 2024 the City received Caltrans approval to commence the construction and construction engineering phase of the Project; and Page 35 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Resolution No. Page 2 WHEREAS, staff recommends award of contract to TYLin International to provide services required for construction management of the Project including Resident Engineering, Construction Inspection, Bridge Construction Inspection and Management, Construction Surveying, Environmental Compliance, Geotechnical, and Materials Testing Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it awards the City of Chula Vista Professional Services Agreement with TYLin International to provide Construction Management Services for the Heritage Bridge Replacement (CIP STM386) and Main Street Widening (CIP STM388) projects, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Matt Little, P.E. Marco A. Verdugo Deputy City Manager/Director of City Attorney Engineering & Capital Projects Page 36 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda BROWN FIELD MUNICIPAL AIRPORT PROJECT LOCATION 125 805 905 HERITAGE BRIDGE REPLACEMENT PROJECT VICINITY MAP Page 37 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 1 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH T.Y. LIN INTERNATIONAL TO PROVIDE PROFESSIONAL CONSTRUCTION MANAGEMENT CONSULTING SERVICES This Agreement is entered into effective as of August 13, 2024 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and T.Y. LIN International, a California corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the Heritage Road Bridge Replacement Project intends to widen the Main Street eastbound lanes from Nirvana Avenue to Heritage Road, and construct a replacement bridge south of Main Street, across the Otay River on Heritage Road (“Project”) ; and WHEREAS, the Project is elegible for replacement funding through the Federal Highway Bridge Program (“HPB”) administered through the California Department of Transportation Division of Local Assistance (“Caltrans”); and WHEREAS, the City requires Construction Management Services in order to oversee the Project which involves extensive specialized structural construction, and ensure compliance with requirements associated with the HBP grant administered by Caltrans; and WHEREAS, in order to procure these services and in order to use approved HBP funds for this work, on August 19, 2022, City solicited a Request for Qualifications/Proposals (RFP) for Construction Management Consulting Services in accordance with the Caltrans Local Assistance Procedures Manual (“LAPM”) Chapter 10 and received one (1) proposal from T.Y. LIN International to provide Construction Management Services; and WHEREAS, since only (1) proposal was received, City staff reviewd the solicitation procedures and determined that the competition was inadequate for the scope of work and that non-bidding consultants provided various reasons for not submitting a proposal that included staffing constraints, decisions to pursue other opportunities, or were not qualified; and WHEREAS, City submitted LAPM Exhibit 12-F “Cost-Effectiveness/Public Interest Finding/A&E Noncompetive” form to Caltrans requesting approval to award the contract using a noncompetitive process and on December 23, 2022 a Caltrans District 11 Local Assistance Engineer approved the request; and WHEREAS, the City Manager approved the formation of a consultant selction Committee (“Committee”) that included the contract administrator and subject matter experts from the project’s functional area; and WHEREAS, the committee reviewed and evaluated the qualifications and proposal from the single proposing consultant and conducted a proposal interview as required by the RFP; and WHEREAS, at the end of the review and interview process, the Committee selected Consultant for Professional Construction Management services for the Project; and WHEREAS, on July 1, 2024 the City received Caltrans approval to commence the construction and construction engineering phase of the Project; and Page 38 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 2 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. 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 Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant 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 Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant 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 Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant 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. In the performance of any and all Required Services hereunder, the Consultant shall exercise the level of care, diligence, and skill ordinarily exercised by experienced, competent, and reputable 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 Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant 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, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. Page 39 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 3 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant 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 Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’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 Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, 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 Consultant 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. Consultant 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. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant 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 Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be Page 40 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 4 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 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 Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant 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 Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant 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. Consultant must include all sub-consultants/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-consultants 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 Consultant’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.” Consultant’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 Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). Page 41 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 5 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant 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, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant 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 Consultant 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 Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, 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 Consultant, 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 Page 42 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 6 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 with the active or passive negligent acts or omissions of the Consultant, 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 Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, 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, Consultant 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. Consultant’s Obligations Not Limited or Modified. Consultant’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 Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. CONFLICTS OF INTEREST 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants 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, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, 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. Consultant 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 Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant 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 Consultant or Consultant’s subcontractors. Consultant 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. Page 43 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 7 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant 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 Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant 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 Consultant 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, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’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 Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant 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. Consultant 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. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant 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, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Page 44 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 8 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 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. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant 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 Consultant 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 Consultant, 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, Consultant 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 Consultant’s unique qualifications and traits. Consultant 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 Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant 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, Consultant agrees to maintain, intact and readily accessible, all data, documents, Page 45 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 9 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 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-consultants. 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. Consultant 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 Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant 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 Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant 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, 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.) Page 46 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 10 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant 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. T.Y. LIN INTERNATIONAL CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Joseph Smith, P.E. JOHN MCCANN Vice President MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Marco Verdugo City Attorney Page 47 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 11 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: José Serrato 276 Fourth Ave, Chula Vista CA 91910 (619) 409 5922 jserrato@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. Consultant Contract Administration: T.Y. LIN INTERNATIONAL 404 Camino del Rio South, Suite 700, San Diego, CA 92108 (619) 279 3489 Wade.duran@tylin.com For Legal Notice Copy to: Joseph Smith Sector Manager – Construction Management – Southwest 404 Camino del Rio South, Suite 700, San Diego, CA 92108, United States (619) 692 1920 Joseph.smith@tylin.com 2. Required Services A. General Description: T.Y. Lin International will provide Resident Engineering, Construction Inspection, Bridge Construction Inspection and Management, Construction Surveying, Environmental Compliance, Geotechnical, and Materials Testing Services for the construction of the Heritage Road Bridge Replacement Project. B. Detailed Description: The project scope of work is summarized below. As a federally funded project, the Consultant shall adhere to procedures outlined in the Caltrans LAPM. Construction Management and Inspection Services o Consultant shall provide professional engineering services to perform Resident Engineering and construction inspection, embodying the necessary qualifications and experience to perform construction management services in accordance with the Caltrans Local Assistance Procedures Manual Chapter 16 “Administer Construction Contracts” and Chapter 17 “Project Completion”. The Consultant shall include a Resident Engineer (“RE”) to be the designated Page 48 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 12 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 contact for all communications and coordination of operations regarding Construction Inspection, Geotechnical, Construction Surveying, and Environmental Compliance between the Contractor and the City Oversight Resident Engineer (“ORE”). With the support of the Bridge and Construction Inspectors, the RE will review the Contractor's performance of work in accordance with the Contract Documents. The RE will draft and/or review change orders, provide oversight of inspectors, review inspector diaries as needed, review estimate quantity sheets, generate/review monthly progress pay estimates, and assist the ORE as requested, which may include supporting inspection of the construction of bridge or civil improvements. The RE shall also provide accurate and thorough recordkeeping utilizing Caltrans' numbered file system. All submittals, Requests for Information (“RFI”), and requests for staking, testing, or sampling shall be coordinated by the RE with ORE review and approval. o The Consultant shall provide a Construction Inspector that will work under the supervision of the RE and shall coordinate all requests and submittals from the Contractor pertaining to civil improvements through the RE. They shall assist the RE and Bridge Inspector in performing their respective duties and shall be responsible for supporting oversight of the construction of civil improvements for the project. o The Bridge Inspector shall act in the capacity of the Structure Representative as defined by the Caltrans Construction Manual. The Bridge Inspector shall report to the RE and will provide quality assurance reviews of the Contractor’s work with periodic assistance from the Construction Inspector as needed. The Bridge Inspector is to perform the duties of the RE and Construction Inspector only for aspects of the project pertaining to bridge construction, and will coordinate administrative tasks such as requests, submittals, claims, and document management with the RE. Construction Surveying Services o The Consultant shall provide professional land surveying services during the project construction and shall provide all labor, tools, materials, including stakes, hubs, flagging, nails, paint, and equipment such as vehicles, survey equipment, personal computers, camera, and personal safety devices to perform this work. The Consultant’s personnel shall have experience performing all phases of Technical and Professional Land surveying for bridge replacement projects, knowledge of Caltrans requirements, ability to provide land surveying reports in accordance with applicable governing codes and shall have sufficient capacity to provide the requested services in a cost effective, timely, and professional manner. Team members are to be qualified licensed land surveyors, and technicians experienced in a wide variety of structure construction engineering, field inspection, field engineering, contract administration, and other related duties. Environmental Compliance Services o The Consultant shall review, monitor, and enforce environmental regulatory requirements, conduct field inspections, and conduct audits of ongoing construction operations and records as necessary to ensure compliance with regulatory agency permit requirements. The Consultant shall represent the City as permitted under environmental permits to ensure regulatory requirements are implemented. The Consultant shall also assist the ORE in coordinating any external audits that may be performed by regulatory agencies. Refer to the Heritage Road Bridge Improvement Project’s Environmental Conditions for specific monitoring and training requirements. The Consultant shall also observe and document Contractor compliance with the Environmental Conditions during routine survey visits. Page 49 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 13 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 Geotechnical Services o The Consultant shall provide professional engineering services to perform geotechnical and special inspection testing services during the project construction and shall provide appropriate equipment such as vehicles, sampling equipment, laboratory test equipment, personal computers, camera, tools, and personal safety equipment to perform this work. The Consultant’s personnel shall have experienced performing geotechnical investigations for bridge replacement projects, knowledge of Caltrans requirements, ability to provide geotechnical reports in accordance with applicable governing codes and shall have sufficient capacity to provide the requested services in a cost effective, timely, and professional manner. Team members shall be registered Geotechnical or Civil Engineers, Geologist, Soils Engineers, Field Inspectors, Field Engineers, contract administrators, and other related duties. Material Testing Services o The material testing consultant shall provide, on an as-needed basis, quality assurance check testing of permanent materials used in the project such as compacted earthwork, Portland cement concrete, asphalt concrete, reinforcement, pre-stressing materials, grout, and check lines and grades of structures, etc. Multiple laboratories may be needed depending on the materials being tested and whether a laboratory is qualified to test a given material 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin August 13, 2024 and end on December 31, 2028 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: See attached Exhibit E for Applicable Hourly Rates B. Reimbursement of Costs ☒ Invoiced for agreed-upon amounts as identified in Exhibit E Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 31, 2028 shall not exceed $5,678,205.00. 5. Special Provisions: ☒ Permitted Sub-Consultants: Atlas Technical Consultants, LLC (Atlas) Blue Lake Civil (BLC) Brian F. Smith and Associates, Inc. (BFSA) CL Surveying and Mapping, Inc. (CL Survey) HKR Engineering, Inc. DBA EarthSpectives (ES) ECORP Consulting, Inc. (ECORP) Page 50 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 14 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 Reddy Engineering Services, Inc. (RE Services) Safework, Inc. DBA SafeworkCM (Safework) STC Traffic, Inc. (STC) ZT Consulting Group, Inc. (ZTC) Page 51 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 15 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 EXHIBIT B INSURANCE REQUIREMENTS Consultant 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 ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE Page 52 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 16 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act 1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, including some consultants, 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, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure. ☐ B. Consultant 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 consultant 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 “Consultant,” 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 Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant 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 consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: José Serrato 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 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). Page 53 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 17 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 EXHIBIT D CONSULTANT LEVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer 5 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts. ☒ A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☐ B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows: Current Officers can be located on the City of Chula Vista’s websites below: • Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council • City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us • Planning Commissioners – www.chulavistaca.gov/pc • Candidate for Elected Office – www.chulavistaca.gov/elections 1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☐ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☐ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 54 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Prepared for: City of Chula Vista Exhibit EHeritage Road Bridge Construction Management = Full time STAFFING PLAN, COSTS and FEES = Part time / As-needed Last Update : 11/3/2023 POSITION Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 168 168 176 160 176 176 160 176 144 168 168 144 160 176 168 168 176 168 168 176 136 176 160 144 168 176 160 176 184 168 168 168 WADE DURANT RESIDENT ENGINEER/STRUCTURE REP.120 80 80 160 176 176 160 176 144 168 168 144 160 176 168 168 176 168 168 176 136 176 160 144 168 176 160 176 184 168 168 168 ADRIANNA CARO ROADWAY INSPECTOR/ ASST BRIDGE INSPECTOR**80 160 176 160 176 144 168 168 144 160 176 168 168 176 168 168 176 136 176 160 144 168 176 160 176 184 168 168 168 ASHLEY MONTGOMERY BRIDGE INSPECTOR/Submittal review-*as needed 80 80 40 CATHY SALAS PROJECT ADMINISTRATION 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 ERIC TALLARITA BRIDGE INSPECTOR 40 80 176 160 176 144 168 168 144 160 176 168 168 176 168 168 176 136 176 160 144 168 176 160 176 184 168 168 168 BRIAN RISHER ROADWAY INSPECTOR*/** DAVID PRECIADO IRRIGATION INSPECTOR*/**46 40 120 60 20 * AS NEEDED DONALD MITCHELL PRINCIPAL III/SOUTHWEST U.S. OPERATIONS MANAGER 1 1 1 LISA WESTWOOD PRINCIPAL IV/SOCAL OPERATIONS MANAGER 2 2 2 BRANT BRECHBIEL PRINCIPAL I/CHIEF CONTRACTING OFFICER 1 1 1 JOSH CORONA-BENNETT SENIOR II/ENVIRONMENTAL COMPLIANCE COORDINATOR 4 1 4 4 4 4 4 6 6 6 4 4 4 4 4 4 4 4 4 6 6 6 4 4 4 4 4 KEVIN ISRAEL SENIOR I/ENVIRONMENTAL COMPLIANCE COORDINATOR 8 1 4 4 4 4 4 6 6 6 4 4 4 4 4 4 4 4 4 6 6 6 4 4 4 4 4 CHRISTINE TISCHER SENIOR II (PERMITTED) WILDLIFE BIOLOGIST II 4 4 WILLIAM DUVALL SENIOR II / NOISE SPECIALIST 2 2 4 2 2 2 2 4 2 2 WENDY TURNER SENIOR I BIOLOGIST/MONITOR 10 2 2 CARLEY ADAMS SENIOR I BIOLOGIST/MONITOR/RESTORATION SPECIALIST 4 GREG HAMPTON STAFF II BIOLOGIST/MONITOR/RESTORATION SPECIALIST 20 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 RICHARD CRAVEY ASSOCIATE III BIOLOGIST/MONITOR/RESTORATION SPECIALIST 20 12 6 6 6 6 6 6 6 6 6 12 6 6 6 6 6 6 6 REENA LAM ASSOCIATE III BIOLOGIST/MONITOR/RESTORATION SPECIALIST 20 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 CAROLINE GARCIA ASSOCIATE III BIOLOGIST/MONITOR/RESTORATION SPECIALIST 16 20 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 KIRSTEN ZORNADO ASSISTANT I BIOLOGIST/MONITOR/RESTORATION SPECIALIST 20 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 SARAH WAGNER ASSISTANT I BIOLOGIST/MONITOR/RESTORATION SPECIALIST 20 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 MARC GUIDRY GIS SPECIALIST III 2 2 2 2 TORREY ROTELLINI GIS SPECIALIST I 4 4 4 4 LAURA HESSE PUBLICATIONS SPECIALIST II 2 2 JACKIE MCCOMAS ACCOUNTANT III 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 DAN CALVILLA PRINCIPAL SURVEYOR 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 MAN SURVEY CREW 8 16 16 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 16 16 OFFICE CALCS/MAPPER 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 HOSSEIN RASHIDI PILE GGL TESTING - ANALYSIS AND REPORTING GGL TECHNICIAN PILE GGL FILED TESTING JAY SCHNEIDER SENIOR GEOLOGIST - HAZ 1-6 61 22 22 AZITA ASSADI GEOLOGIST 12 STEVE DRENGSON SENIOR ENVIRONMENTAL PROJECT MANAGER - HAZ 7-9 22 10 10 MAX QUEZADA HAZMAT PROJECT MANAGER 44 20 20 JOSE SANDOVAL SITE SURVEY AND SAMPLING 170 170 120 DAN FURGUSON PROJECT MANAGER/FIELD MANAGER 10 10 8 8 8 8 8 8 8 8 8 8 8 12 12 8 6 6 6 6 6 6 6 6 6 8 4 REZA SAEEDZADEH GEOTECHNICAL ENGINEERING, LAB TESTING REVIEW & REPORT 6 2 1 1 1 1 2 2 1 1 1 1 STEPHANE DALO CIDH PILE, FOOTING, GRADING OBSERVATION **104 112 128 48 144 80 32 PW GROUP 1 SOIL COMPACTION TESTING & CONCRETE SAMPLING **80 132 80 116 136 144 36 72 72 104 60 108 92 152 96 216 28 144 32 72 172 40 20 PW GROUP 4 CORING TECHNICIAN **32 40 24 ADMIN ADMINISTRATION ASSISTANT 8 8 8 8 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 2 2 2 2 2 4 KATHY KEATING LABOR COMPLIANCE 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 LABOR COMPLIANCE ASSISTANT LABOR COMPLIANCE 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 SAFEWORK (DBE) CL SURVEYING AND MAPPING (DBE) EARTHSPECTIVES (Billing is per test and report, not per hour) ATLAS T.Y. LIN INTERNATIONAL REDDY ENGINEERING SERVICES (DBE) ECORP NAME PRECON CONSTRUCTION PHASE 2024 2025 2026 1 Page 55 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Prepared for: City of Chula Vista Exhibit A Heritage Road Bridge Construction Management = Full time STAFFING PLAN, COSTS and FEES = Part time / As-needed Last Update : 11/3/2023 POSITION Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct NAME PRECON CONSTRUCTION PHASE 2024 2025 2026 SOURCE INSPECTOR SOURCE INSPECTION - REBAR HOOPS, HEADED BARS, PT 80 16 16 FARZAD TASBIHGOO SOURCE INSPECTION/REPORTS 50 12 12 BRETT HANSEN / KEVIN STONE PRECONSTRUCTION/SUBMITTALS (NON-PW)20 30 BRETT HANSEN / KEVIN STONE/J WALTER SIGNAL INSTALLATION INSPECTION**20 40 20 20 70 10 BRETT HANSEN / KEVIN STONE/J WALTER SIGNAL INTERCONNECT INSPECTION**30 30 BRETT HANSEN / KEVIN STONE/J WALTER STREET LIGHTING INSPECTION**20 20 20 ARCHEO / PALEO MONITOR ARCHEO / PALEO MONITOR 160 80 40 160 80 BRIAN SMITH PRINCIPAL INVESTIGATOR 2 2 2 2 TRACY STROPES SENIOR ARCHAEOLOGIST 2 8 10 10 10 10 JILLIAN HAHNLEN LABORATORY SUPERVISOR 10 BUD HOFF FIELD SUPERVISOR 2 2 2 2 2 TODD WIRTHS SENIOR PALEONTOLOGIST 2 2 2 2 2 JENNIFER STROPES SENIOR HISTORIAN 2 2 2 2 2 ELENA GORALOGIA REPORT WRITER 10 10 10 10 10 DANIELLE GOOSENS QSD SWPPP REVIEW 40 ** Rates for 2023 and 2024 are average rates for the year due to a change in required prevailing wage rate set by the DIR determination in July of each year. 2025 2026 Rain season Rain season Migratory and Raptor Nesting Season (1/15-8/31) Migratory and Raptor Nesting Season (1/15-8/31) Bird Breeding Season (2/15-9/15)Bird Breeding Season (2/15-9/15) LBV nesting season (3/15-9/15) LBV nesting season (3/15-9/15) LBV nesting season (3/15-9/15) CAGN nesting season (2/15-8/15)CAGN nesting season (2/15-8/15) Month Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Hrs/month 168 168 176 160 176 176 160 176 144 168 168 144 160 176 168 168 176 168 168 176 136 176 160 144 168 176 160 176 184 168 168 168 Preconstruction Construction Construction Contract Bid/Award Contract Submittal Development Submittal Review Material Procurement STAGE 1 - Heritage Road East Side, Main Street Widening Bents Falsework Stem and Soffit Deck Approach/Barrier/Joints/etc STAGE 2 - Heritage/Main Intersection STAGE 3 - Heritage Road West Side STAGE 4 - Heritage Road Median STAGE 5 - Heritage Road East Sidewalk and Shoulder STAGE 6 - Waterline Tie-ins and Punchlist Planting and Irrigation Project Closeout 1 Year Plant Establishment Schedule includes roughly 12 holidays per year, and roughly 10 weather delay days per rainy season ESTIMATED CONSTRUCTION SCHEDULE BRIAN F. SMITH AND ASSOCIATES BLUE LAKE CIVIL(DBE) ZT CONSULTING GROUP STC TRAFFIC , INC. 2 Page 56 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Prepared for: City of Chula Vista Heritage Road Bridge Construction Management STAFFING PLAN, COSTS and FEES Last Update : 11/3/2023 POSITION WADE DURANT RESIDENT ENGINEER/STRUCTURE REP. ADRIANNA CARO ROADWAY INSPECTOR/ ASST BRIDGE INSPECTOR** ASHLEY MONTGOMERY BRIDGE INSPECTOR/Submittal review-*as needed CATHY SALAS PROJECT ADMINISTRATION ERIC TALLARITA BRIDGE INSPECTOR BRIAN RISHER ROADWAY INSPECTOR*/** DAVID PRECIADO IRRIGATION INSPECTOR*/** * AS NEEDED DONALD MITCHELL PRINCIPAL III/SOUTHWEST U.S. OPERATIONS MANAGER LISA WESTWOOD PRINCIPAL IV/SOCAL OPERATIONS MANAGER BRANT BRECHBIEL PRINCIPAL I/CHIEF CONTRACTING OFFICER JOSH CORONA-BENNETT SENIOR II/ENVIRONMENTAL COMPLIANCE COORDINATOR KEVIN ISRAEL SENIOR I/ENVIRONMENTAL COMPLIANCE COORDINATOR CHRISTINE TISCHER SENIOR II (PERMITTED) WILDLIFE BIOLOGIST II WILLIAM DUVALL SENIOR II / NOISE SPECIALIST WENDY TURNER SENIOR I BIOLOGIST/MONITOR CARLEY ADAMS SENIOR I BIOLOGIST/MONITOR/RESTORATION SPECIALIST GREG HAMPTON STAFF II BIOLOGIST/MONITOR/RESTORATION SPECIALIST RICHARD CRAVEY ASSOCIATE III BIOLOGIST/MONITOR/RESTORATION SPECIALIST REENA LAM ASSOCIATE III BIOLOGIST/MONITOR/RESTORATION SPECIALIST CAROLINE GARCIA ASSOCIATE III BIOLOGIST/MONITOR/RESTORATION SPECIALIST KIRSTEN ZORNADO ASSISTANT I BIOLOGIST/MONITOR/RESTORATION SPECIALIST SARAH WAGNER ASSISTANT I BIOLOGIST/MONITOR/RESTORATION SPECIALIST MARC GUIDRY GIS SPECIALIST III TORREY ROTELLINI GIS SPECIALIST I LAURA HESSE PUBLICATIONS SPECIALIST II JACKIE MCCOMAS ACCOUNTANT III DAN CALVILLA PRINCIPAL SURVEYOR 2 MAN SURVEY CREW OFFICE CALCS/MAPPER HOSSEIN RASHIDI PILE GGL TESTING - ANALYSIS AND REPORTING GGL TECHNICIAN PILE GGL FILED TESTING JAY SCHNEIDER SENIOR GEOLOGIST - HAZ 1-6 AZITA ASSADI GEOLOGIST STEVE DRENGSON SENIOR ENVIRONMENTAL PROJECT MANAGER - HAZ 7-9 MAX QUEZADA HAZMAT PROJECT MANAGER JOSE SANDOVAL SITE SURVEY AND SAMPLING DAN FURGUSON PROJECT MANAGER/FIELD MANAGER REZA SAEEDZADEH GEOTECHNICAL ENGINEERING, LAB TESTING REVIEW & REPORT STEPHANE DALO CIDH PILE, FOOTING, GRADING OBSERVATION ** PW GROUP 1 SOIL COMPACTION TESTING & CONCRETE SAMPLING ** PW GROUP 4 CORING TECHNICIAN ** ADMIN ADMINISTRATION ASSISTANT KATHY KEATING LABOR COMPLIANCE LABOR COMPLIANCE ASSISTANT LABOR COMPLIANCE SAFEWORK (DBE) CL SURVEYING AND MAPPING (DBE) EARTHSPECTIVES (Billing is per test and report, not per hour) ATLAS T.Y. LIN INTERNATIONAL REDDY ENGINEERING SERVICES (DBE) ECORP NAME Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 144 176 152 144 176 176 160 176 168 176 168 160 152 2023 2024 2025 2026 2027 144 144 152 40 20 1 1 1 1 1 1 1 20 $243.29 $253.02 $263.14 $273.66 $284.60 144 144 152 80 $175.52 $184.80 $189.71 $190.25 $190.82 $147.95 $153.86 $160.02 $166.42 $173.08 4 4 1 1 1 1 1 1 1 1 1 1 5 $124.63 $129.60 $134.79 $140.17 $145.77 144 80 20 $213.84 $222.41 $231.30 $240.55 $250.17 $195.40 $200.59 $205.81 $206.48 $207.16 20 $191.03 $196.27 $201.54 $204.32 $212.49 $0.00 $0.00 $0.00 $0.00 1 $314.11 $326.67 $339.73 $353.30 $367.45 2 $257.33 $267.62 $278.33 $289.45 $301.02 1 $270.87 $281.71 $292.99 $304.71 $316.92 4 4 4 4 6 6 6 4 4 4 4 4 6 $148.61 $154.57 $160.75 $167.19 $173.88 4 4 4 4 6 6 6 4 4 4 4 4 12 $143.39 $149.12 $155.08 $161.29 $167.73 4 $148.39 $154.32 $160.50 $166.90 $173.59 2 2 4 2 2 $159.32 $165.69 $172.32 $179.20 $186.37 4 2 $130.95 $136.19 $141.63 $147.31 $153.20 4 4 $125.93 $130.96 $136.19 $141.63 $147.31 6 52 24 16 6 6 6 8 12 $113.12 $117.64 $122.36 $127.26 $132.36 24 16 16 6 6 8 12 $98.78 $102.73 $106.84 $111.11 $115.54 6 8 12 8 6 6 8 12 $95.59 $99.41 $103.40 $107.54 $111.84 6 24 6 6 12 $98.78 $102.73 $106.84 $111.11 $115.54 6 6 $74.88 $77.87 $81.00 $84.25 $87.63 6 6 6 6 $67.81 $70.51 $73.35 $76.28 $79.34 4 $141.86 $147.53 $153.42 $159.57 $165.95 12 2 12 $94.89 $98.68 $102.63 $106.74 $111.01 4 4 $110.98 $115.41 $120.03 $124.84 $129.84 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 $108.91 $113.28 $117.80 $122.52 $127.42 4 4 $236.32 $245.77 $255.61 $265.81 $276.43 16 8 $365.01 $379.59 $394.78 $410.57 $426.99 6 6 $189.06 $196.62 $204.50 $212.69 $221.20 $133.23 $138.56 $144.09 $149.85 $155.85 $98.04 $101.97 $106.04 $110.27 $114.68 $139.29 $144.87 $150.66 $156.69 $162.96 $112.68 $117.17 $121.87 $126.74 $131.81 $86.67 $90.14 $93.76 $97.52 $101.42 4 4 4 $150.33 $156.34 $162.60 $169.12 $175.88 4 $198.87 $206.82 $215.10 $223.71 $232.66 $173.66 $181.54 $185.66 $184.85 $184.00 20 20 20 $159.62 $167.09 $171.10 $169.87 $170.24 $145.51 $151.34 $157.39 $163.69 $170.23 4 4 4 $91.92 $95.61 $99.42 $103.38 $107.52 12 12 12 $177.03 $184.11 $191.48 $199.13 $207.09 4 4 4 $85.81 $89.24 $92.82 $96.53 $100.39 Labor Rates CLOSEOUT/PLANT ESTABLISHMENT 2027 3 Page 57 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Prepared for: City of Chula Vista Heritage Road Bridge Construction Management STAFFING PLAN, COSTS and FEES Last Update : 11/3/2023 POSITIONNAME SOURCE INSPECTOR SOURCE INSPECTION - REBAR HOOPS, HEADED BARS, PT FARZAD TASBIHGOO SOURCE INSPECTION/REPORTS BRETT HANSEN / KEVIN STONE PRECONSTRUCTION/SUBMITTALS (NON-PW) BRETT HANSEN / KEVIN STONE/J WALTER SIGNAL INSTALLATION INSPECTION** BRETT HANSEN / KEVIN STONE/J WALTER SIGNAL INTERCONNECT INSPECTION** BRETT HANSEN / KEVIN STONE/J WALTER STREET LIGHTING INSPECTION** ARCHEO / PALEO MONITOR ARCHEO / PALEO MONITOR BRIAN SMITH PRINCIPAL INVESTIGATOR TRACY STROPES SENIOR ARCHAEOLOGIST JILLIAN HAHNLEN LABORATORY SUPERVISOR BUD HOFF FIELD SUPERVISOR TODD WIRTHS SENIOR PALEONTOLOGIST JENNIFER STROPES SENIOR HISTORIAN ELENA GORALOGIA REPORT WRITER DANIELLE GOOSENS QSD SWPPP REVIEW ** Rates for 2023 and 2024 are average rates for the year due to a change in required prevailing wage rate set by the DIR determination in July of each year. Month Hrs/month Construction Contract Bid/Award Contract Submittal Development Submittal Review Material Procurement STAGE 1 - Heritage Road East Side, Main Street Widening Bents Falsework Stem and Soffit Deck Approach/Barrier/Joints/etc STAGE 2 - Heritage/Main Intersection STAGE 3 - Heritage Road West Side STAGE 4 - Heritage Road Median STAGE 5 - Heritage Road East Sidewalk and Shoulder STAGE 6 - Waterline Tie-ins and Punchlist Planting and Irrigation Project Closeout 1 Year Plant Establishment Schedule includes roughly 12 holidays per year, and roughly 10 weather delay days per rainy season ESTIMATED CONSTRUCTION SCHEDULE BRIAN F. SMITH AND ASSOCIATES BLUE LAKE CIVIL(DBE) ZT CONSULTING GROUP STC TRAFFIC , INC. Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Labor Rates CLOSEOUT/PLANT ESTABLISHMENT 2027 $168.57 $175.33 $182.35 $189.65 $197.24 $199.01 $206.98 $215.27 $223.88 $232.84 $181.60 $188.87 $196.42 $204.27 $212.44 $232.88 $245.27 $251.83 $252.55 $262.65 $232.88 $245.27 $251.83 $252.55 $262.65 $232.88 $245.27 $251.83 $252.55 $262.65 $71.06 $73.90 $76.85 $79.92 $83.12 $168.45 $175.18 $182.19 $189.48 $197.06 $139.93 $145.53 $151.36 $157.42 $163.72 $75.24 $78.25 $81.38 $64.65 $67.24 $87.78 $91.29 $94.95 $98.75 $102.70 $97.19 $101.07 $105.11 $109.31 $113.68 $106.99 $111.27 $115.72 $120.34 $125.15 $79.42 $82.60 $85.90 $89.33 $92.90 $125.49 $130.51 $135.74 $141.18 $146.83 2027 Rain season Migratory and Raptor Nesting Season (1/15-8/31) Bird Breeding Season (2/15-9/15) LBV nesting season (3/15-9/15) CAGN nesting season (2/15-8/15) Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 144 176 152 144 176 176 160 176 168 176 168 160 152 Post-Construction 4 Page 58 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Prepared for: City of Chula Vista Heritage Road Bridge Construction Management STAFFING PLAN, COSTS and FEES Last Update : 11/3/2023 POSITION WADE DURANT RESIDENT ENGINEER/STRUCTURE REP. ADRIANNA CARO ROADWAY INSPECTOR/ ASST BRIDGE INSPECTOR** ASHLEY MONTGOMERY BRIDGE INSPECTOR/Submittal review-*as needed CATHY SALAS PROJECT ADMINISTRATION ERIC TALLARITA BRIDGE INSPECTOR BRIAN RISHER ROADWAY INSPECTOR*/** DAVID PRECIADO IRRIGATION INSPECTOR*/** * AS NEEDED DONALD MITCHELL PRINCIPAL III/SOUTHWEST U.S. OPERATIONS MANAGER LISA WESTWOOD PRINCIPAL IV/SOCAL OPERATIONS MANAGER BRANT BRECHBIEL PRINCIPAL I/CHIEF CONTRACTING OFFICER JOSH CORONA-BENNETT SENIOR II/ENVIRONMENTAL COMPLIANCE COORDINATOR KEVIN ISRAEL SENIOR I/ENVIRONMENTAL COMPLIANCE COORDINATOR CHRISTINE TISCHER SENIOR II (PERMITTED) WILDLIFE BIOLOGIST II WILLIAM DUVALL SENIOR II / NOISE SPECIALIST WENDY TURNER SENIOR I BIOLOGIST/MONITOR CARLEY ADAMS SENIOR I BIOLOGIST/MONITOR/RESTORATION SPECIALIST GREG HAMPTON STAFF II BIOLOGIST/MONITOR/RESTORATION SPECIALIST RICHARD CRAVEY ASSOCIATE III BIOLOGIST/MONITOR/RESTORATION SPECIALIST REENA LAM ASSOCIATE III BIOLOGIST/MONITOR/RESTORATION SPECIALIST CAROLINE GARCIA ASSOCIATE III BIOLOGIST/MONITOR/RESTORATION SPECIALIST KIRSTEN ZORNADO ASSISTANT I BIOLOGIST/MONITOR/RESTORATION SPECIALIST SARAH WAGNER ASSISTANT I BIOLOGIST/MONITOR/RESTORATION SPECIALIST MARC GUIDRY GIS SPECIALIST III TORREY ROTELLINI GIS SPECIALIST I LAURA HESSE PUBLICATIONS SPECIALIST II JACKIE MCCOMAS ACCOUNTANT III DAN CALVILLA PRINCIPAL SURVEYOR 2 MAN SURVEY CREW OFFICE CALCS/MAPPER HOSSEIN RASHIDI PILE GGL TESTING - ANALYSIS AND REPORTING GGL TECHNICIAN PILE GGL FILED TESTING JAY SCHNEIDER SENIOR GEOLOGIST - HAZ 1-6 AZITA ASSADI GEOLOGIST STEVE DRENGSON SENIOR ENVIRONMENTAL PROJECT MANAGER - HAZ 7-9 MAX QUEZADA HAZMAT PROJECT MANAGER JOSE SANDOVAL SITE SURVEY AND SAMPLING DAN FURGUSON PROJECT MANAGER/FIELD MANAGER REZA SAEEDZADEH GEOTECHNICAL ENGINEERING, LAB TESTING REVIEW & REPORT STEPHANE DALO CIDH PILE, FOOTING, GRADING OBSERVATION ** PW GROUP 1 SOIL COMPACTION TESTING & CONCRETE SAMPLING ** PW GROUP 4 CORING TECHNICIAN ** ADMIN ADMINISTRATION ASSISTANT KATHY KEATING LABOR COMPLIANCE LABOR COMPLIANCE ASSISTANT LABOR COMPLIANCE SAFEWORK (DBE) CL SURVEYING AND MAPPING (DBE) EARTHSPECTIVES (Billing is per test and report, not per hour) ATLAS T.Y. LIN INTERNATIONAL REDDY ENGINEERING SERVICES (DBE) ECORP NAME Exhibit A ODCs Hours $Hours $Hours $Hours $$Hours $% 1520 $384,590 1984 $522,070 1960 $536,374 239 $68,019 $46,000 5703 $1,557,053 27.42%$2,597,529 45.7% 1064 $196,627 1984 $376,385 1960 $372,890 232 $44,270 5240 $990,172 17.44% 200 $30,772 0 $0 0 $0 0 $0 200 $30,772 0.54% 32 $4,147 48 $6,470 48 $6,728 15 $2,187 143 $19,532 0.34% 944 $209,955 1984 $458,899 1896 $456,083 20 $5,003 $15,000 4844 $1,144,940 20.16%$1,207,092 21.3% 0 $0 0 $0 0 $0 0 $0 0 $0 0.00% 46 $9,028 0 $0 260 $53,123 0 $0 306 $62,152 1.09% 0 $0 0 $0 0 $0 0 $0 0 $0 0.00% 1 $327 1 $340 1 $353 1 $367 $7,000 4 $8,387 0.15%$230,646 4.1% 2 $535 2 $557 2 $579 2 $602 8 $2,273 0.04% 21 $5,916 1 $293 1 $305 1 $317 24 $6,831 0.12% 17 $2,628 54 $8,681 54 $9,028 52 $9,042 177 $29,378 0.52% 21 $3,132 54 $8,375 54 $8,710 58 $9,728 187 $29,944 0.53% 0 $0 4 $642 4 $668 4 $694 12 $2,004 0.04% 0 $0 12 $2,068 12 $2,150 12 $2,236 36 $6,455 0.11% 10 $1,362 2 $283 2 $295 6 $919 20 $2,859 0.05% 0 $0 0 $0 12 $1,700 0 $0 12 $1,700 0.03% 26 $3,059 54 $6,607 106 $13,490 78 $10,324 264 $33,480 0.59% 32 $3,287 66 $7,051 66 $7,333 64 $7,395 228 $25,067 0.44% 26 $2,585 60 $6,204 62 $6,667 52 $5,816 200 $21,272 0.37% 42 $4,315 72 $7,693 90 $10,000 24 $2,773 228 $24,780 0.44% 32 $2,492 60 $4,860 54 $4,550 6 $526 152 $12,427 0.22% 32 $2,256 66 $4,841 72 $5,492 12 $952 182 $13,542 0.24% 4 $590 2 $307 2 $319 4 $664 12 $1,880 0.03% 8 $789 4 $411 16 $1,708 14 $1,554 42 $4,462 0.08% 4 $462 0 $0 4 $499 4 $519 12 $1,480 0.03% 2.5 $283 6 $707 6 $735 5.5 $701 20 $2,426 0.04% 28 $6,882 48 $12,269 48 $12,759 0 $0 124 $31,910 0.56%$337,348 5.9% 136 $51,624 288 $113,697 248 $101,821 0 $0 672 $267,142 4.70% 42 $8,258 72 $14,724 72 $15,314 0 $0 186 $38,296 0.67% 0 $0 0 $0 0 $0 0 $0 $65,000 0 $65,000 1.14%$65,000 1.1% 0 $0 0 $0 0 $0 0 $0 0 $0 0.00% 105 $14,549 0 $0 0 $0 0 $0 $307,033 105 $321,582 5.66%$952,941 16.8% 12 $1,224 0 $0 0 $0 0 $0 12 $1,224 0.02% 42 $6,085 0 $0 0 $0 0 $0 42 $6,085 0.11% 84 $9,842 0 $0 0 $0 0 $0 84 $9,842 0.17% 460 $41,463 0 $0 0 $0 0 $0 460 $41,463 0.73% 44 $6,879 102 $16,585 68 $11,500 4 $704 218 $35,668 0.63% 8 $1,655 8 $1,721 8 $1,790 0 $0 24 $5,165 0.09% 344 $62,450 304 $56,441 0 $0 0 $0 648 $118,890 2.09% 292 $48,790 940 $160,834 1012 $171,908 20 $3,405 2264 $384,938 6.78% 0 $0 32 $5,036 64 $10,476 0 $0 96 $15,512 0.27% 36 $3,442 48 $4,772 38 $3,928 4 $430 126 $12,573 0.22% 72 $13,256 144 $27,572 144 $28,675 12 $2,485 $1,000 372 $72,989 1.29%$84,621 1.5% 24 $2,142 48 $4,455 48 $4,634 4 $402 124 $11,632 0.20% SAFEWORK (DBE) CL SURVEYING AND MAPPING (DBE) EARTHSPECTIVES (Billing is per test and report, not per hour) ATLAS T.Y. LIN INTERNATIONAL REDDY ENGINEERING SERVICES (DBE) ECORP Fee Estimate 2024 2025 2026 2027 Total Subtotal per Firm 5 Page 59 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Prepared for: City of Chula Vista Heritage Road Bridge Construction Management STAFFING PLAN, COSTS and FEES Last Update : 11/3/2023 POSITIONNAME SOURCE INSPECTOR SOURCE INSPECTION - REBAR HOOPS, HEADED BARS, PT FARZAD TASBIHGOO SOURCE INSPECTION/REPORTS BRETT HANSEN / KEVIN STONE PRECONSTRUCTION/SUBMITTALS (NON-PW) BRETT HANSEN / KEVIN STONE/J WALTER SIGNAL INSTALLATION INSPECTION** BRETT HANSEN / KEVIN STONE/J WALTER SIGNAL INTERCONNECT INSPECTION** BRETT HANSEN / KEVIN STONE/J WALTER STREET LIGHTING INSPECTION** ARCHEO / PALEO MONITOR ARCHEO / PALEO MONITOR BRIAN SMITH PRINCIPAL INVESTIGATOR TRACY STROPES SENIOR ARCHAEOLOGIST JILLIAN HAHNLEN LABORATORY SUPERVISOR BUD HOFF FIELD SUPERVISOR TODD WIRTHS SENIOR PALEONTOLOGIST JENNIFER STROPES SENIOR HISTORIAN ELENA GORALOGIA REPORT WRITER DANIELLE GOOSENS QSD SWPPP REVIEW ** Rates for 2023 and 2024 are average rates for the year due to a change in required prevailing wage rate set by the DIR determination in July of each year. Month Hrs/month Construction Contract Bid/Award Contract Submittal Development Submittal Review Material Procurement STAGE 1 - Heritage Road East Side, Main Street Widening Bents Falsework Stem and Soffit Deck Approach/Barrier/Joints/etc STAGE 2 - Heritage/Main Intersection STAGE 3 - Heritage Road West Side STAGE 4 - Heritage Road Median STAGE 5 - Heritage Road East Sidewalk and Shoulder STAGE 6 - Waterline Tie-ins and Punchlist Planting and Irrigation Project Closeout 1 Year Plant Establishment Schedule includes roughly 12 holidays per year, and roughly 10 weather delay days per rainy season ESTIMATED CONSTRUCTION SCHEDULE BRIAN F. SMITH AND ASSOCIATES BLUE LAKE CIVIL(DBE) ZT CONSULTING GROUP STC TRAFFIC , INC. ODCs Fee Estimate 2024 2025 2026 2027 Total Subtotal per Firm 112 $19,637 0 $0 0 $0 0 $0 $15,955 112 $35,592 0.63%$50,908 0.9% 74 $15,317 0 $0 0 $0 0 $0 74 $15,317 0.27% 50 $9,444 0 $0 0 $0 0 $0 $3,000 50 $12,444 0.22%$87,860 1.5% 20 $4,905 60 $15,110 100 $25,255 0 $0 180 $45,270 0.80% 0 $0 0 $0 60 $15,153 0 $0 60 $15,153 0.27% 20 $4,905 20 $5,037 20 $5,051 0 $0 60 $14,993 0.26% 280 $20,693 240 $18,444 0 $0 0 $0 $3,000 520 $42,137 0.74%$59,040 1.0% 6 $1,051 2 $364 0 $0 0 $0 8 $1,415 0.02% 30 $4,366 20 $3,027 0 $0 0 $0 50 $7,393 0.13% 0 $0 10 $814 0 $0 0 $0 10 $814 0.01% 6 $548 4 $380 0 $0 0 $0 10 $928 0.02% 6 $606 4 $420 0 $0 0 $0 10 $1,027 0.02% 6 $668 4 $463 0 $0 0 $0 10 $1,130 0.02% 30 $2,478 20 $1,718 0 $0 0 $0 50 $4,196 0.07% 40 $5,220 0 $0 0 $0 0 $0 40 $5,220 0.09%$5,220 0.09% 6495.5 $1,237,514.41 8938 $1,887,625.46 8674 $1,908,043.07 949.5 $182,034.09 $462,988.00 25057 $5,678,205 100%Totals 100.0% ODCs $1,634,281.60 28.8%DBE Total 28.8% 18% GOAL TOTAL PROPOSAL $5,678,205 TOTAL PROPOSAL BRIAN F. SMITH AND ASSOCIATES BLUE LAKE CIVIL(DBE) 2024 2025 2026 2027 ZT CONSULTING GROUP STC TRAFFIC , INC. 6 Page 60 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda v . 0 0 5 P a g e | 1 August 13, 2024 ITEM TITLE Investment Report: Quarter Ending June 30, 2024 Report Number: 24-0215 Location: No specific geographic location Department: Finance G.C. § 84308: No 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 Receive the investment report for the quarter ending on June 30, 2024. SUMMARY Transmitted herewith is the City’s investment report for the quarter ending June 30, 2024 to meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and City Council Policy 220-01 Investment Policy and Guidelines. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 61 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 2 DISCUSSION As shown in the table below, the total cash and investment portfolio held by the City as of June 30, 2024, was $695,545,611 and total cash and investments held by the trustees were $98,446,532. Summary of Cash and Investments as of June 30, 2024 Cash and Investments Book Value Managed Investment Portfolio $ 642,337,323 State of California Local Agency Investment Fund 30,248,196 County of San Diego Pooled Investment Fund 320,502 Total Investments Held by the City 672,906,020 Cash/Time Deposits 22,639,591 Total Cash and Investments Held by the City 695,545,611 Cash and Investments Held by Bank Trustee 98,446,532 Total Cash and Investment Portfolio $ 793,992,143 Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and City Council Policy 220-01 Investment Policy and Guidelines as adopted by Resolution No. 2024-023 on February 13, 2024. During this quarter, $15,000,000 was transferred to the State of California Local Agency Investment Fund (LAIF) and $20,000,000 was transferred to Bank of New York, the City’s Custodian Bank, to be used for investment purchases. Additionally, thirty-two investments matured, totaling $77,162,000. Sixteen purchases were made to replace those investments. Purchased investments include: four corporate notes ($20,000,000), five federal agency bonds ($29,500,000), one commercial paper ($5,000,000), and six U.S. treasury notes ($46,500,000). The Finance Department continues to manage the portfolio and execute transactions as financial and economic conditions warrant. There is no further activity to report other than routine investments. Two-year Treasuries were yielding 4.59% at the beginning of the quarter and ended the quarter at a yield of 4.71%. As of June 30, 2024, the Weighted Yield to Maturity on the Managed Investment Portfolio was 3.44%, which was an increase of 24 basis points from the previous quarter. The average yield of the two -year U.S. treasury note over the last twelve months is 4.74%. Purchases are made at current market yields with fixed interest rates. At the end of this quarter, the Weighted Average Maturity of the Managed Investment Portfolio was 1.80 years, which is an increase from 1.68 years from the prior quarter. The Federal Open Market Committee (FOMC) meets approximately every six weeks and determines the level of the Federal Funds Rate. During this quarter, the FOMC met on April 30 and June 11. At their June 11 meeting, the FOMC voted to maintain the Federal Funds Rate target range. The Federal Funds Rate target range is 5.25%-5.50%. Page 62 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 3 The following excerpts are from the statement issued by the FOMC following their June 11 meeting. “Recent indicators suggest that economic activity has continued to expand at a sol id pace. Job gains have remained strong, and the unemployment rate has remained low. Inflation has eased over the past year but remains elevated. In recent months, there has been modest further progress toward the Committee's 2 percent inflation objective. The Committee seeks to achieve maximum employment and inflation at the rate of 2 percent over the longer run. The Committee judges that the risks to achieving its employment and inflation goals have moved toward better balance over the past year. The economic outlook is uncertain, and the Committee remains highly attentive to inflation risks. In support of its goals, the Committee decided to maintain the target range for the federal funds rate at 5-1/4 to 5-1/2 percent. In considering any adjustments to the target range for the federal funds rate, the Committee will carefully assess incoming data, the evolving outlook, and the balance of risks.…In assessing the appropriate stance of monetary policy, the Committee will continue to monitor the implications of incoming information for the economic outlook. The Committee would be prepared to adjust the stance of monetary policy as appropriate if risks emerge that could impede the attainment of the Committee's goals. The Committee's assessments will take into account a wide range of information, including readings on labor market conditions, inflation pressures and inflation expectations, and financial and international developments.” The Finance Department, with the assistance of Chandler Asset Management, Inc, continues to manage the City’s investment portfolio in accordance with the Government Code and City Council Policy 220-01 Investment Policy and Guidelines. Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City will be able to comfortably meet overall cash flow needs over the next six months. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Summary of Cash and Investments as of June 30, 2024 2. Investment Report for the Quarter Ended June 30, 2024 Staff Contact: Galen Fleming, Fiscal Services Analyst, Finance Department Sarah Schoen, Director of Finance/Treasurer Page 63 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda % of Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio Asset Back Securities - - - 0.00% Federal Agency 207,816,000 203,664,953 207,492,426 26.13% Commercial Paper 5,000,000 4,902,850 4,905,067 0.62% Corporate Note 149,816,000 146,331,370 148,909,758 18.75% BNY Custodial Cash Account 788,482 788,482 788,482 0.10% Municipal Bond 60,738,531 58,466,022 60,074,197 7.57% Negotiable Certificate of Deposit 11,684,000 11,477,144 11,684,172 1.47% Supranationals 27,500,000 26,821,370 27,367,088 3.45% U.S. Treasury Bond/Note 178,300,000 175,801,664 176,001,221 22.17% Placement Service Deposits (CDARS) 4,391,782 4,391,782 4,391,782 0.55% Cash Purchase in Transit (Payable)- - - 0.00% Interest in Transit (Receivable)476,130 476,130 476,130 0.06% Cash 247,000 247,000 247,000 0.03% Cash Subtotal 723,130 723,130 723,130 0.09% Managed Investment Portfolio Subtotal 646,757,925 633,368,767 642,337,323 80.35% Pooled Investments State of CA Local Agency Investment Fund 30,248,196 30,248,196 30,248,196 3.81% County of San Diego Pooled Investment Fund 320,502 320,502 320,502 0.04% Pooled Investments Subtotal 30,568,697 30,568,697 30,568,697 3.85% Investments Held by the City 677,326,622 663,937,465 672,906,020 84.20% Cash/Time Deposits 22,639,591 22,639,591 22,639,591 2.85% Total Cash & Investments Held by the City $699,966,213 $686,577,056 $695,545,611 87.60% Held by Bank Trustee/Fiduciary Funds Cash with Fiscal Agents 900,107 900,107 900,107 0.11% Mutual Funds 55,374,965 55,374,965 55,374,965 6.97% United States Treasury Securities - - - 0.00% San Diego County Investment Pool 5,908,450 5,908,450 5,908,450 0.74% Local Agency Investment Fund 8,338,029 8,307,312 8,338,029 1.05% Section 115 Trust 27,924,980 27,924,980 27,924,980 3.52% Total Held by Bank Trustee/Fiduciary Funds $98,446,532 $98,415,815 $98,446,532 12.40% Total Portfolio $798,412,745 $784,992,871 $793,992,143 100.00% Notes: 1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants. 2. Par value is the principal amount of the investment on maturity. 3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy. 4. Market values do not include accrued interest. 5. Book value is the value at which an asset is carried on the balance sheet and does not include accrued interest. Summary of Cash and Investments as of June 30, 2024 City of Chula Vista Page 64 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Beg. Values as of 06/01/2024 End Values as of 06/30/2024 Total Market Value 649,933,143.90 668,695,007.96 Cost Value кϕόмл Investment Report for the Quarter Ended June 30, 2024 City of Chula Vista Page 65 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda STATEMENT OF COMPLIANCE ŝƚLJŽĨŚƵůĂsŝƐƚĂ ͮƐŽĨ:ƵŶĞϯϬ͕ϮϬϮϰ ZƵůĞƐEĂŵĞ >ŝŵŝƚ ĐƚƵĂů ŽŵƉůŝĂŶĐĞ ^ƚĂƚƵƐ EŽƚĞƐ ' EzDKZd'' ^ hZ/d/ ^;DK^Ϳ DĂdžй;DsͿ ϭϬϬ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DŝŶZĂƚŝŶŐ;ͲďLJϭͿ Ϭ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ ^^ dͲ< ^ hZ/d/ ^;^Ϳ DĂdžй;Ds͖EŽŶŐĞŶĐLJ^ΘD^Ϳ ϮϬ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DŝŶZĂƚŝŶŐ;ͲďLJϭͿ Ϭ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ E< Z^Ζ WdE ^ DĂdžй;DsͿ ϰϬ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;ĂLJƐͿ ϭϴϬ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ Zd/&/d K& WK^/dW> D Ed^ Zs/ ;Z^Ϳ DĂdžй;DsͿ ϯϬ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ K>>d Z>/ E< WK^/d^ DĂdžй;DsͿ ϭϬϬ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ K>>d Z>/ d/D WK^/d^;EKEͲE 'Kd/> ͬdͿ DĂdžй;DsͿ ϭϬϬ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϯ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ KDD Z/>WW Z DĂdžй;DsͿ ϰϬ͘Ϭ Ϭ͘ϳ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;ŽƌƉŽƌĂƚĞΘŽŵŵĞƌĐŝĂůWĂƉĞƌ͖DsͿ ϭϬ͘Ϭ ϭ͘ϲ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘ϳ ŽŵƉůŝĂŶƚ 2 of 32Page 66 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda STATEMENT OF COMPLIANCE ŝƚLJŽĨŚƵůĂsŝƐƚĂͮƐŽĨ:ƵŶĞϯϬ͕ϮϬϮϰ ZƵůĞƐEĂŵĞ >ŝŵŝƚ ĐƚƵĂů ŽŵƉůŝĂŶĐĞ ^ƚĂƚƵƐ EŽƚĞƐ DĂdžDĂƚƵƌŝƚLJ;ĂLJƐͿ ϮϳϬ ϭϮϵ ŽŵƉůŝĂŶƚ DŝŶZĂƚŝŶŐ;ͲϭďLJϭŽƌͲďLJϭͿ Ϭ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ KZWKZd D /hDd ZDEKd ^ DĂdžй;DsͿ ϯϬ͘Ϭ ϮϮ͘ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;ŽƌƉŽƌĂƚĞΘŽŵŵĞƌĐŝĂůWĂƉĞƌ͖DsͿ ϭϬ͘Ϭ ϭ͘ϲ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ ϭ͘ϲ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ ϰ ŽŵƉůŝĂŶƚ DŝŶZĂƚŝŶŐ;ͲďLJϭͿ Ϭ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ &//E^hZ d/D WK^/d^;EKEͲE 'Kd/> ͬ dͿ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ & Z>' E/ ^ DĂdžй;DsͿ ϭϬϬ͘Ϭ ϯϬ͘ϳ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ ϰ ŽŵƉůŝĂŶƚ >K>' Ez/Es ^dD Ed&hE;>/&Ϳ DĂdžŽŶĐĞŶƚƌĂƚŝŽŶ;DsͿ ϳϱ͘Ϭ ϯϬ͘Ϯ ŽŵƉůŝĂŶƚ >K>'Ks ZED Ed/Es ^dD EdWKK>;>'/WͿ DĂdžй;DsͿ ϭϬϬ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DKE zDZ< d Dhdh>&hE^ DĂdžй;Ds͖DŽŶĞLJDĂƌŬĞƚ&ƵŶĚΘDƵƚƵĂů&ƵŶĚͿ ϮϬ͘Ϭ Ϭ͘ϭ ŽŵƉůŝĂŶƚ DŝŶZĂƚŝŶŐ;ďLJϮͿ Ϭ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DKZd'' Ͳ< ^ hZ/d/ ^;EKEͲ' EzͿ DĂdžй;DsͿ ϮϬ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DŝŶZĂƚŝŶŐ;ͲďLJϭͿ Ϭ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DhE//W>^ hZ/d/ ^;͕>K>' EzͿ DĂdžй;DsͿ ϭϬϬ͘Ϭ ϳ͘ϴ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘ϳ ŽŵƉůŝĂŶƚ 3 of 32Page 67 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda STATEMENT OF COMPLIANCE ŝƚLJŽĨŚƵůĂsŝƐƚĂ ͮƐŽĨ:ƵŶĞϯϬ͕ϮϬϮϰ ZƵůĞƐEĂŵĞ >ŝŵŝƚ ĐƚƵĂů ŽŵƉůŝĂŶĐĞ ^ƚĂƚƵƐ EŽƚĞƐ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ ϯ ŽŵƉůŝĂŶƚ DhE//W>^ hZ/d/ ^;͕Kd, Z^dd ^Ϳ DĂdžй;DsͿ ϭϬϬ͘Ϭ ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘ϳ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ Ϯ ŽŵƉůŝĂŶƚ Dhdh>&hE^ DĂdžй;Ds͖DŽŶĞLJDĂƌŬĞƚ&ƵŶĚΘDƵƚƵĂů&ƵŶĚͿ ϮϬ͘Ϭ Ϭ͘ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϭϬ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DŝŶZĂƚŝŶŐ;ďLJϮͿ Ϭ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ E 'Kd/> Zd/&/d ^K& WK^/d;EͿ DĂdžй;DsͿ ϯϬ͘Ϭ ϭ͘ϳ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ Z WhZ,^ 'Z D Ed^ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϭ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ Z s Z^ Z WhZ,^ 'Z D Ed^ DĂdžй;DsͿ ϮϬ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;ĂLJƐͿ ϵϮ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ ^hWZEd/KE> K>/'d/KE^ DĂdžй;DsͿ ϯϬ͘Ϭ ϰ͘ϭ ŽŵƉůŝĂŶƚ DĂdžй/ƐƐƵĞƌ;DsͿ ϱ͘Ϭ ϭ͘ϴ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ ϰ ŽŵƉůŝĂŶƚ DŝŶZĂƚŝŶŐ;ͲďLJϭͿ Ϭ͘Ϭ Ϭ͘Ϭ ŽŵƉůŝĂŶƚ h͘^͘dZ ^hZ/ ^ DĂdžй;DsͿ ϭϬϬ͘Ϭ Ϯϲ͘ϱ ŽŵƉůŝĂŶƚ DĂdžDĂƚƵƌŝƚLJ;zĞĂƌƐͿ ϱ ϰ ŽŵƉůŝĂŶƚ 4 of 32Page 68 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity AGENCY Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 09/23/2024 12/01/2021 Aaa/AA+ AA+ Aaa/AA+ AA+ 09/30/2024 12/23/2021 Aaa/AA+ AA+ Aaa/AA+ AA+ 01/20/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 12/14/2021 Aaa/AA+ AA+ Aaa/AA+ AA+ 01/10/2022 Aaa/AA+ AA+ 5 of 32Page 69 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity Aaa/AA+ AA+ 03/02/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 12/14/2021 Aaa/AA+ AA+ Aaa/AA+ AA+ 12/01/2021 Aaa/AA+ AA+ 12/29/2021 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 11/30/2021 Aaa/AA+ AA+ Aaa/AA+ AA+ 6 of 32Page 70 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 03/22/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ 03/30/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 02/01/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 10/24/2022 Aaa/AA+ AA+ 09/09/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 03/24/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ 7 of 32Page 71 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 11/30/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 10/24/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 11/10/2023 Aaa/AA+ AA+ 04/10/2029 Aaa/AA+ AA+ Total Agency 207,816,000.00 2.73% 207,189,526.78 207,492,426.27 98.04 4.96% 203,664,953.23 1,239,296.53 30.68% (3,827,473.05) Aaa/AA+ AA+ 1.70 1.58 Aaa/AAA AAA Aaa/AAA AAA Cash Aaa/AAA AAA Aaa/AAA AAA 8 of 32Page 72 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity NA/NA NA Total Cash 5,114,911.80 1.65% 5,114,911.80 5,114,911.80 1.00 1.65% 5,114,911.80 0.00 0.76% 0.00 Aaa/AAA AAA 0.00 0.00 COMMERCIAL NA Total Commercial 5,000,000.00 5.48% 4,869,466.67 4,905,066.67 98.06 5.44% 4,902,850.00 0.00 0.74% (2,216.67)NA 0.35 0.34 Aa2/AA AA A1/A+ NA A2/A+ A NA 01/14/2020 A1/AA NA A1/A+ 10/01/2024 A1/A 12/03/2021 A2/A A+ 01/14/2020 A1/A NA 9 of 32Page 73 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity A1/A+ NA A1/A+ NA A1/A+ A+ 01/19/2022 A3/BBB+ A2/A+ NA 11/19/2021 A1/A A+ 11/22/2022 A1/AA A2/A A 11/19/2021 Aaa/AA+ NA 11/19/2021 A2/A A 12/14/2021 A1/AA 01/21/2022 12/13/2022 A1/A+ NA A1/A 231021AU0 A2/A NA A2/A A A1/A+ A+ 10 of 32Page 74 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 03/24/2022 NA 10/04/2022 A1/A+ 11/22/2022 NA A2/A A 10/03/2022 A1/A+ NA 12/23/2021 09/23/2022 Aa2/AA AA 10/04/2022 NA NA A2/A A 10/14/2022 A1/A+ NA A1/A 09/20/2023 A+ 09/20/2023 A A1/A+ 11 of 32Page 75 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 11/21/2022 Aa3/A+ A1/A+ 01/11/2024 A1/A A+ 14913UAJ9 A2/A A+ 03/14/2029 NA A1/A Total Corporate 149,816,000.00 3.41% 149,125,425.17 148,909,757.60 97.73 5.23% 146,331,369.58 1,475,058.07 22.04% (2,578,388.02) A1/A A+ 2.26 1.99 LAIF NA/NA NA Total LAIF 30,248,195.69 4.56% 30,248,195.69 30,248,195.69 1.00 4.56% 30,248,195.69 0.00 4.56% 0.00 NA/NA NA 0.00 0.00 LOCAL GOV INVESTMENT NA/NA AAA Total Local Gov 320,501.58 3.53% 320,501.58 320,501.58 1.00 3.53% 320,501.58 0.00 0.05% 0.00 NA/NA AAA 0.00 0.00 12 of 32Page 76 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity Aaa/ AAAm AAA Aaa/ AAAm AAA Total Money Market Fund 788,482.33 5.16% 788,482.33 788,482.33 1.00 5.16% 788,482.33 0.00 0.12% 0.00 Aaa/ AAAm AAA 0.00 0.00 NA/AA NA Aa3/AA NA NA/AA NA Aa1/AA+ NA 10/09/2019 A1/AA NA 12/09/2021 Aa2/NA NA 10/09/2019 NA NA/AA NA 11/21/2019 Aa1/AA NA 10/23/2019 Aa2/AA NA 11/21/2019 Aa1/AA NA 13 of 32Page 77 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 11/01/2019 Aa2/AA NA 10/09/2019 Aa2/AA NA 09/01/2024 01/13/2020 NA/AA NA 11/01/2024 12/03/2021 NA 11/01/2024 NA 02/13/2020 Aa3/A A AA 11/20/2020 NA 11/30/2021 A1/A+ A+ NA/AA 09/23/2020 NA/AA NA Aa2/AA AA 144393NA9 AAA 09/14/2020 A+ 09/11/2020 A1/AA NA 14 of 32Page 78 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity Aa3/AA NA NA/AA AA+ Aa1/AA+ AAA Aa2/AA+ AA 12/13/2021 NA NA AA Aaa/NA NA NA 09/23/2022 Aa2/AA NA 09/14/2022 Aa2/AA AA 11/03/2022 NA/AA Aaa/NA NA Aa1/AAA NA Aa1/NA NA ко ϕό млPage 79 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 10/13/2022 Aaa/AAA NA Total Municipal Bonds 60,738,530.72 2.41% 60,246,887.95 60,074,197.27 96.32 5.20% 58,466,022.37 481,812.82 8.81% (1,608,174.90) Aa2/AA AA 1.36 1.29 NA/NA NA NA/NA NA NA/NA NA NA/NA NA A2/NA NA NA/NA NA NA/NA NA NA/NA NA 02/24/2020 NA/NA NA NA/NA NA NA/NA NA NA/NA NA NA/NA NA 09/12/2019 NA/NA NA 16 of 32Page 80 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 10/04/2019 NA/NA NA 10/04/2019 NA/NA NA 10/30/2024 10/09/2019 NA/NA NA 02/03/2020 NA 10/22/2019 NA/NA NA 11/04/2019 NA/NA NA 11/13/2024 10/31/2019 NA/NA NA 12/02/2024 02/13/2020 NA/NA NA 12/04/2024 11/20/2019 NA/NA NA NA/NA NA NA/NA NA 02/04/2020 NA/NA NA NA/NA NA 02/10/2020 NA/NA NA NA/NA NA NA/NA NA NA/NA NA 17 of 32Page 81 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 02/24/2020 NA/NA NA NA/NA NA NA/NA NA 03/02/2020 NA/NA NA 03/11/2020 NA/NA NA 03/02/2020 NA/NA NA 03/10/2020 NA/NA NA 03/09/2020 NA/NA NA 03/10/2020 NA/NA NA 03/11/2020 NA/NA NA 03/31/2020 NA/NA NA NA/BBB BBB 04/13/2020 NA 04/03/2020 NA/NA NA NA/NA NA 12/21/2022 NA/NA NA 11,684,000.00 1.65% 11,686,305.45 11,684,172.25 98.24 5.48% 11,477,143.77 13,769.39 1.73% (207,028.48) Baa2/ BBB BBB 0.54 0.53 18 of 32Page 82 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 09/23/2024 Aaa/AAA NA 03/24/2022 Aaa/AAA AAA 12/13/2021 Aaa/AAA AAA Aaa/AAA AAA 01/20/2022 Aaa/AAA NA Aaa/AAA NA 10/04/2023 Aaa/AAA NA Total 27,500,000.00 2.93% 27,323,302.54 27,367,088.10 97.62 4.89% 26,821,370.27 266,006.94 4.04% (545,717.83) Aaa/AAA AAA 2.06 1.90 US TREASURY 02/01/2024 F1+ F1+ 09/19/2024 F1+ F1+ 11/14/2024 F1+ 19 of 32Page 83 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 11/30/2024 11/23/2022 Aaa/AA+ AA+ 12/12/2024 F1+ 12/31/2024 Aaa/AA+ AA+ 01/31/2024 Aaa/AA+ AA+ 01/31/2024 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 01/31/2024 Aaa/AA+ AA+ 11/03/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 11/22/2022 Aaa/AA+ AA+ 02/13/2024 Aaa/AA+ AA+ 09/20/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ 10/23/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ лй ϕό млPage 84 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista | As of June 30, 2024 HOLDINGS REPORT Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int.Gain/Loss Fitch Maturity 11/10/2023 Aaa/AA+ AA+ 10/23/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ 03/31/2029 Aaa/AA+ AA+ Total US Treasury 178,300,000.00 4.77% 175,206,227.85 176,001,220.53 98.64 4.84% 175,801,663.95 981,599.62 26.48% (199,556.58) Aaa/AA+ AA+ 1.75 1.62 677,326,622.12 3.48% 672,119,233.81 672,906,020.09 92.64 4.98% 663,937,464.57 4,457,543.39 100.00% (8,968,555.53)AA 1.70 1.56 Total Market Value + Accrued 668,353,131.44 лкϕόмлPage 85 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Maturity Jun 2024 Mar 2024 Change Jun 2023 Jun 2022 Jun 2021 Jun 2020 3-Month 5.48%5.46%0.02%4.87%2.92%0.25%0.16% 1-Year 5.09%5.03%0.06% 2-Year 4.71%4.59%0.12% 3-Year 4.52%4.40%0.12%Jul-23 4.88 Jan-24 4.27 5-Year 4.33%4.21%0.12%Aug-23 4.85 Feb-24 4.64 10-Year 4.36%4.20%0.16%Sep-23 5.03 Mar-24 4.59 Oct-23 5.07 Apr-24 5.04 Nov-23 4.73 May-24 4.89 Dec-23 4.23 Jun-24 4.71 12 Month Average 4.74 Change20232024 June May April 546,686.45$ 335,537.31$ 613,916.89$ 685,206.82$ Investment Report for the Quarter Ended June 30, 2024 City of Chula Vista U.S. Treasury Yields and Interest Earnings 2-Year U.S. Treasury Yield - 12 Month Average Total for Quarter 1,496,140.65$ 2,658,352.36$ 4,154,494.01$ U.S. Treasury Yields - Quarterly Comparison 2-Year U.S. Treasury Yield - Historical Data Interest Earnings - Quarter Ending 6/30/2024 & 6/30/2023 849,926.74$ 1,121,195.80$ 1,231,893.27$ 1,185,464.05$ 1,735,112.69$ 22 of 32Page 86 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista|04/01/2024 Through 06/30/2024| Buy Settlement Date CUSIP Quantity Security Description Acq/Disp Yield Book Value S&P Rating Security Type 04/08/2024 912797KL0 11,000,000.00 UNITED STATES TREASURY 09/19/2024 5.3114 10,743,606.50 A-1+ US Treasury 04/19/2024 3133EP6K6 7,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP 4.5 03/26/2027 4.8778 6,928,250.00 AA+ Agency 04/19/2024 91282CKG5 7,000,000.00 UNITED STATES TREASURY 4.125 03/31/2029 4.6794 6,830,195.31 AA+ US Treasury 04/22/2024 58989V2H6 7,000,000.00 MET TOWER GLOBAL FUNDING 5.25 04/12/2029 5.4879 6,928,250.00 AA- Corporate 04/23/2024 912797KU0 5,500,000.00 UNITED STATES TREASURY 10/17/2024 5.3705 5,360,397.40 A-1+ US Treasury 04/26/2024 3133ERAK7 5,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP 4.375 04/10/2029 4.7621 4,915,350.00 AA+ Agency 05/08/2024 3133ERDZ1 6,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP 4.75 05/08/2026 4.8530 5,988,360.00 AA+ Agency 05/14/2024 62479LL60 5,000,000.00 MUFG Bank, Ltd., New York Branch 11/06/2024 5.4848 4,869,466.67 NR Commercial Paper 05/16/2024 912797LD7 6,500,000.00 UNITED STATES TREASURY 11/14/2024 5.3745 6,330,354.51 A-1+ US Treasury 05/17/2024 46647PEE2 6,000,000.00 JPMORGAN CHASE & CO 5.571 04/22/2028 5.1879 6,061,500.00 A-Corporate 05/23/2024 912797KU0 5,000,000.00 UNITED STATES TREASURY 10/17/2024 5.3760 4,894,037.50 A-1+ US Treasury 06/05/2024 14913UAJ9 5,000,000.00 CATERPILLAR FINANCIAL SERVICES CORP 4.85 02/27/2029 4.7659 5,017,250.00 A Corporate 06/05/2024 14913UAJ9 2,000,000.00 CATERPILLAR FINANCIAL SERVICES CORP 4.85 02/27/2029 4.7659 2,006,900.00 A Corporate 06/13/2024 912797LP0 11,500,000.00 UNITED STATES TREASURY 12/12/2024 5.3301 11,202,270.75 A-1+ US Treasury 06/26/2024 3133ERGL9 6,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP 4.5 06/07/2028 4.4430 6,012,120.00 AA+ Agency 06/28/2024 3133ERDS7 5,500,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP 4.75 05/06/2027 4.5720 5,525,630.00 AA+ Agency 101,000,000.00 23 of 32Page 87 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista|04/01/2024 Through 06/30/2024| Maturity Settlement Date CUSIP Quantity Security Description Acq/Disp Yield Book Value S&P Rating Security Type 04/01/2024 13063DLZ9 (3,000,000.00) CALIFORNIA STATE 3.0 04/01/2024 2.0951 (3,000,000.00) AA- Municipal Bonds 04/04/2024 912797GZ4 (11,000,000.00) UNITED STATES TREASURY 04/04/2024 5.4475 (11,000,000.00) A-1+ US Treasury 04/12/2024 51210SSH1 (249,000.00) Lakeside Bank 1.25 04/12/2024 1.2500 (249,000.00) NA Negotiable CD 04/15/2024 472382AQ3 (249,000.00) The Jefferson Bank 1.25 04/15/2024 1.2500 (249,000.00) NA Negotiable CD 04/16/2024 69506YRH4 (248,000.00) Banc of California 1.3 04/16/2024 1.2985 (248,000.00) NA Negotiable CD 04/19/2024 62479LDK8 (5,000,000.00) MUFG Bank, Ltd., New York Branch 04/19/2024 5.8316 (5,000,000.00) A-1 Commercial Paper 04/23/2024 88457PAR8 (248,000.00) Thomaston Savings Bank 1.25 04/23/2024 1.2487 (248,000.00) NA Negotiable CD 04/25/2024 3130ARJJ1 (2,720,000.00) FEDERAL HOME LOAN BANKS 2.5 04/25/2024 2.4973 (2,720,000.00) AA+ Agency 04/30/2024 32027BAM9 (249,000.00) First Freedom Bank 1.1 04/30/2024 1.1000 (249,000.00) NA Negotiable CD 04/30/2024 66736ABT5 (249,000.00) Northwest Bank 1.1 04/30/2024 1.1000 (249,000.00) NA Negotiable CD 05/05/2024 904764AX5 (3,500,000.00) UNILEVER CAPITAL CORP 2.6 05/05/2024 1.7943 (3,500,000.00) A+ Corporate 05/06/2024 037833AS9 (250,000.00) APPLE INC 3.45 05/06/2024 1.6831 (250,000.00) AA+ Corporate 05/11/2024 037833CU2 (650,000.00) APPLE INC 2.85 05/11/2024 1.7268 (650,000.00) AA+ Corporate 05/13/2024 909242AH2 (249,000.00) United Republic Bank 1.0 05/13/2024 1.0000 (249,000.00) NA Negotiable CD 05/14/2024 912797JW8 (11,500,000.00) UNITED STATES TREASURY 05/14/2024 5.3531 (11,500,000.00) A-1+ US Treasury 05/15/2024 06406HCV9 (600,000.00) BANK OF NEW YORK MELLON CORP 3.4 05/15/2024 1.3664 (600,000.00) A Corporate 05/15/2024 459200JY8 (3,000,000.00) INTERNATIONAL BUSINESS MACHINES CORP 3.0 05/15/2024 0.6219 (3,000,000.00) A-Corporate 05/15/2024 882508BB9 (1,000,000.00) TEXAS INSTRUMENTS INC 2.625 05/15/2024 2.2985 (1,000,000.00) A+ Corporate 05/21/2024 89115BYQ7 (5,000,000.00) Toronto-Dominion Bank - New York Branch 5.91 05/21/2024 5.9100 (5,000,000.00) A-1+ Negotiable CD 05/28/2024 04636NAC7 (2,500,000.00) ASTRAZENECA FINANCE LLC 0.7 05/28/2024 1.0902 (2,500,000.00) A Corporate 06/01/2024 68233JBM5 (475,000.00) ONCOR ELECTRIC DELIVERY COMPANY LLC 2.75 06/01/2024 1.0973 (475,000.00) A+ Corporate 06/01/2024 769036BL7 (250,000.00) RIVERSIDE CALIF PENSION OBLIG 2.107 06/01/2024 2.1055 (250,000.00) AA Municipal Bonds 06/03/2024 440452AG5 (3,000,000.00) HORMEL FOODS CORP 0.65 06/03/2024 1.1839 (3,000,000.00) A-Corporate 06/10/2024 3134GWJ64 (1,950,000.00) FEDERAL HOME LOAN MORTGAGE CORP 0.4 06/10/2024 0.8218 (1,950,000.00) AA+ Agency 06/12/2024 59515MFC4 (11,000,000.00) Microsoft Corporation 06/12/2024 5.5004 (11,000,000.00) A-1+ Commercial Paper 06/14/2024 3135GA5Y3 (2,140,000.00) FEDERAL NATIONAL MORTGAGE ASSOCIATION 0.375 06/14/2024 0.8419 (2,140,000.00) AA+ Agency 06/19/2024 14042RLZ2 (246,000.00) Capital One, National Association 2.5 06/19/2024 2.4968 (246,000.00) BBB+ Negotiable CD 06/19/2024 14042TAW7 (246,000.00) Capital One Bank (USA), National Association 2.5 06/19/2024 2.4968 (246,000.00) BBB+ Negotiable CD 06/24/2024 45950VRF5 (1,900,000.00) INTERNATIONAL FINANCE CORP 2.65 06/24/2024 3.1141 (1,900,000.00) NA Supranational 06/28/2024 3130AQAH6 (4,000,000.00) FEDERAL HOME LOAN BANKS 1.0 06/28/2024 0.9998 (4,000,000.00) AA+ Agency 06/28/2024 501798NL2 (247,000.00) Milestone Bank 2.2 06/28/2024 2.1980 (247,000.00) NA Negotiable CD 06/28/2024 761402BY1 (247,000.00) Revere Bank 2.3 06/28/2024 2.2978 (247,000.00) NA Negotiable CD (77,162,000.00) 24 of 32Page 88 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista Reporting Date:6/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Farm Credit System 3,000,000.00 7/2/2024 2 3,000,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 2,090,000.00 7/19/2024 19 2,090,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 3,200,000.00 7/26/2024 26 3,200,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 2,300,000.00 8/23/2024 54 2,300,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 3,000,000.00 8/26/2024 57 3,000,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 4,000,000.00 9/16/2024 78 4,000,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 3,000,000.00 9/23/2024 85 3,000,000.00$ -$ -$ -$ -$ -$ Federal Agricultural Mortgage Corp 4,000,000.00 9/26/2024 88 4,000,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 3,200,000.00 9/30/2024 92 3,200,000.00$ -$ -$ -$ -$ -$ Farm Credit System 1,000,000.00 10/17/2024 109 1,000,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 10/25/2024 117 3,500,000.00$ -$ -$ -$ -$ -$ Farm Credit System 3,000,000.00 11/1/2024 124 3,000,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 2,300,000.00 11/18/2024 141 2,300,000.00$ -$ -$ -$ -$ -$ Federal Home Loan Banks 1,000,000.00 11/25/2024 148 1,000,000.00$ -$ -$ -$ -$ -$ Farm Credit System 1,200,000.00 12/20/2024 173 1,200,000.00$ -$ -$ -$ -$ -$ Farm Credit System 1,500,000.00 1/6/2025 190 -$ 1,500,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,000,000.00 3/14/2025 257 -$ 3,000,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,000,000.00 3/24/2025 267 -$ 3,000,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 3/28/2025 271 -$ 3,500,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 2,500,000.00 4/21/2025 295 -$ 2,500,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 1,730,000.00 4/28/2025 302 -$ 1,730,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,000,000.00 5/23/2025 327 -$ 3,000,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 2,500,000.00 6/13/2025 348 -$ 2,500,000.00$ -$ -$ -$ -$ FNMA 4,000,000.00 6/17/2025 352 -$ 4,000,000.00$ -$ -$ -$ -$ Farm Credit System 3,000,000.00 6/23/2025 358 -$ 3,000,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 6/27/2025 362 -$ 3,500,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 6/30/2025 365 -$ 3,500,000.00$ -$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 7/18/2025 383 -$ -$ 3,500,000.00$ -$ -$ -$ Federal Home Loan Banks 3,000,000.00 7/25/2025 390 -$ -$ 3,000,000.00$ -$ -$ -$ FNMA 4,000,000.00 8/25/2025 421 -$ -$ 4,000,000.00$ -$ -$ -$ Federal Home Loan Banks 4,000,000.00 8/29/2025 425 -$ -$ 4,000,000.00$ -$ -$ -$ Federal Home Loan Banks 4,000,000.00 9/12/2025 439 -$ -$ 4,000,000.00$ -$ -$ -$ FHLMC 4,000,000.00 9/24/2025 451 -$ -$ 4,000,000.00$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 10/14/2025 471 -$ -$ 3,500,000.00$ -$ -$ -$ Farm Credit System 3,200,000.00 10/20/2025 477 -$ -$ 3,200,000.00$ -$ -$ -$ Federal Home Loan Banks 3,500,000.00 10/29/2025 486 -$ -$ 3,500,000.00$ -$ -$ -$ FNMA 3,500,000.00 11/7/2025 495 -$ -$ 3,500,000.00$ -$ -$ -$ Farm Credit System 2,030,000.00 11/17/2025 505 -$ -$ 2,030,000.00$ -$ -$ -$ Farm Credit System 3,500,000.00 1/27/2026 576 -$ -$ 3,500,000.00$ -$ -$ -$ Farm Credit System 3,500,000.00 3/10/2026 618 -$ -$ 3,500,000.00$ -$ -$ -$ Farm Credit System 6,000,000.00 5/8/2026 677 -$ -$ 6,000,000.00$ -$ -$ -$ Federal Home Loan Banks 5,000,000.00 6/12/2026 712 -$ -$ 5,000,000.00$ -$ -$ -$ Farm Credit System 3,000,000.00 7/27/2026 757 -$ -$ -$ 3,000,000.00$ -$ -$ Farm Credit System 1,666,000.00 8/24/2026 785 -$ -$ -$ 1,666,000.00$ -$ -$ Federal Home Loan Banks 3,500,000.00 8/25/2026 786 -$ -$ -$ 3,500,000.00$ -$ -$ Farm Credit System 6,000,000.00 9/1/2026 793 -$ -$ -$ 6,000,000.00$ -$ -$ 25 of 32Page 89 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista Reporting Date:6/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Federal Home Loan Banks 5,250,000.00 9/11/2026 803 -$ -$ -$ 5,250,000.00$ -$ -$ Farm Credit System 1,000,000.00 9/28/2026 820 -$ -$ -$ 1,000,000.00$ -$ -$ Federal Home Loan Banks 3,750,000.00 10/21/2026 843 -$ -$ -$ 3,750,000.00$ -$ -$ Federal Home Loan Banks 2,600,000.00 11/23/2026 876 -$ -$ -$ 2,600,000.00$ -$ -$ Federal Home Loan Banks 1,650,000.00 12/11/2026 894 -$ -$ -$ 1,650,000.00$ -$ -$ Federal Home Loan Banks 6,500,000.00 1/15/2027 929 -$ -$ -$ 6,500,000.00$ -$ -$ Farm Credit System 7,000,000.00 3/26/2027 999 -$ -$ -$ 7,000,000.00$ -$ -$ Farm Credit System 5,500,000.00 5/6/2027 1040 -$ -$ -$ 5,500,000.00$ -$ -$ Farm Credit System 3,500,000.00 9/15/2027 1172 -$ -$ -$ -$ 3,500,000.00$ -$ Farm Credit System 3,500,000.00 10/27/2027 1214 -$ -$ -$ -$ 3,500,000.00$ -$ Farm Credit System 6,000,000.00 6/7/2028 1438 -$ -$ -$ -$ 6,000,000.00$ -$ Farm Credit System 5,250,000.00 8/28/2028 1520 -$ -$ -$ -$ -$ 5,250,000.00$ Farm Credit System 6,400,000.00 11/13/2028 1597 -$ -$ -$ -$ -$ 6,400,000.00$ Farm Credit System 5,000,000.00 4/10/2029 1745 -$ -$ -$ -$ -$ 5,000,000.00$ Agency 39,790,000.00$ 34,730,000.00$ 56,230,000.00$ 47,416,000.00$ 13,000,000.00$ 16,650,000.00$ Mitsubishi UFJ Financial Group, Inc.5,000,000.00 11/6/2024 129 5,000,000.00$ -$ -$ -$ -$ -$ Commercial Paper 5,000,000.00$ -$ -$ -$ -$ -$ Walmart Inc.3,900,000.00 7/8/2024 8 3,900,000.00$ -$ -$ -$ -$ -$ Salesforce, Inc.450,000.00 7/15/2024 15 450,000.00$ -$ -$ -$ -$ -$ UnitedHealth Group Incorporated 3,000,000.00 8/15/2024 46 3,000,000.00$ -$ -$ -$ -$ -$ Exxon Mobil Corporation 1,000,000.00 8/16/2024 47 1,000,000.00$ -$ -$ -$ -$ -$ Amazon.com, Inc.226,000.00 8/22/2024 53 226,000.00$ -$ -$ -$ -$ -$ Berkshire Hathaway Inc.1,000,000.00 9/1/2024 63 1,000,000.00$ -$ -$ -$ -$ -$ Berkshire Hathaway Inc.3,000,000.00 9/1/2024 63 3,000,000.00$ -$ -$ -$ -$ -$ The Coca-Cola Company 3,200,000.00 9/6/2024 68 3,200,000.00$ -$ -$ -$ -$ -$ PayPal Holdings, Inc.950,000.00 10/1/2024 93 950,000.00$ -$ -$ -$ -$ -$ BNY Mellon Corp 1,000,000.00 10/24/2024 116 1,000,000.00$ -$ -$ -$ -$ -$ Caterpillar Inc.3,000,000.00 11/8/2024 131 3,000,000.00$ -$ -$ -$ -$ -$ The Hershey Company 677,000.00 11/15/2024 138 677,000.00$ -$ -$ -$ -$ -$ Adobe Inc.2,595,000.00 2/1/2025 216 -$ 2,595,000.00$ -$ -$ -$ -$ PACCAR Inc 1,000,000.00 2/6/2025 221 -$ 1,000,000.00$ -$ -$ -$ -$ Toyota Motor Corporation 1,000,000.00 2/13/2025 228 -$ 1,000,000.00$ -$ -$ -$ -$ 3M Company 2,500,000.00 2/14/2025 229 -$ 2,500,000.00$ -$ -$ -$ -$ W.W. Grainger, Inc.580,000.00 2/15/2025 230 -$ 580,000.00$ -$ -$ -$ -$ Deere & Company 1,250,000.00 3/13/2025 256 -$ 1,250,000.00$ -$ -$ -$ -$ Intel Corporation 2,001,000.00 3/25/2025 268 -$ 2,001,000.00$ -$ -$ -$ -$ Amazon.com, Inc.3,000,000.00 4/13/2025 287 -$ 3,000,000.00$ -$ -$ -$ -$ Target Corporation 3,000,000.00 4/15/2025 289 -$ 3,000,000.00$ -$ -$ -$ -$ Apple Inc.1,131,000.00 5/11/2025 315 -$ 1,131,000.00$ -$ -$ -$ -$ Honeywell International Inc.3,000,000.00 6/1/2025 336 -$ 3,000,000.00$ -$ -$ -$ -$ Amazon.com, Inc.1,678,000.00 6/3/2025 338 -$ 1,678,000.00$ -$ -$ -$ -$ JPMorgan Chase & Co.2,000,000.00 7/15/2025 380 -$ -$ 2,000,000.00$ -$ -$ -$ PACCAR Inc 2,300,000.00 8/11/2025 407 -$ -$ 2,300,000.00$ -$ -$ -$ State Street Corporation 1,600,000.00 8/18/2025 414 -$ -$ 1,600,000.00$ -$ -$ -$ Cummins Inc.743,000.00 9/1/2025 428 -$ -$ 743,000.00$ -$ -$ -$ Cummins Inc.2,257,000.00 9/1/2025 428 -$ -$ 2,257,000.00$ -$ -$ -$ 26 of 32Page 90 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista Reporting Date:6/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years The Home Depot, Inc.3,200,000.00 9/15/2025 442 -$ -$ 3,200,000.00$ -$ -$ -$ Toyota Motor Corporation 3,000,000.00 10/16/2025 473 -$ -$ 3,000,000.00$ -$ -$ -$ Visa Inc.2,500,000.00 12/14/2025 532 -$ -$ 2,500,000.00$ -$ -$ -$ PepsiCo, Inc.1,872,000.00 2/24/2026 604 -$ -$ 1,872,000.00$ -$ -$ -$ Cisco Systems, Inc.3,500,000.00 2/28/2026 608 -$ -$ 3,500,000.00$ -$ -$ -$ Target Corporation 1,850,000.00 4/15/2026 654 -$ -$ 1,850,000.00$ -$ -$ -$ Target Corporation 1,901,000.00 4/15/2026 654 -$ -$ 1,901,000.00$ -$ -$ -$ PACCAR Inc 3,000,000.00 5/11/2026 680 -$ -$ 3,000,000.00$ -$ -$ -$ Intel Corporation 2,374,000.00 5/19/2026 688 -$ -$ 2,374,000.00$ -$ -$ -$ Walmart Inc.1,900,000.00 7/8/2026 738 -$ -$ -$ 1,900,000.00$ -$ -$ Cisco Systems, Inc.1,150,000.00 9/20/2026 812 -$ -$ -$ 1,150,000.00$ -$ -$ NIKE, Inc.1,035,000.00 11/1/2026 854 -$ -$ -$ 1,035,000.00$ -$ -$ Honeywell International Inc.1,185,000.00 11/1/2026 854 -$ -$ -$ 1,185,000.00$ -$ -$ Illinois Tool Works Inc.1,421,000.00 11/15/2026 868 -$ -$ -$ 1,421,000.00$ -$ -$ Abbott Laboratories 1,000,000.00 11/30/2026 883 -$ -$ -$ 1,000,000.00$ -$ -$ Royal Bank of Canada 6,500,000.00 1/19/2027 933 -$ -$ -$ 6,500,000.00$ -$ -$ Morgan Stanley 2,500,000.00 1/20/2027 934 -$ -$ -$ 2,500,000.00$ -$ -$ JPMorgan Chase & Co.2,500,000.00 1/29/2027 943 -$ -$ -$ 2,500,000.00$ -$ -$ Bank of America Corporation 4,000,000.00 3/2/2027 975 -$ -$ -$ 4,000,000.00$ -$ -$ The Charles Schwab Corporation 2,205,000.00 3/3/2027 976 -$ -$ -$ 2,205,000.00$ -$ -$ PepsiCo, Inc.1,935,000.00 3/19/2027 992 -$ -$ -$ 1,935,000.00$ -$ -$ Costco Wholesale Corporation 3,200,000.00 5/18/2027 1052 -$ -$ -$ 3,200,000.00$ -$ -$ Merck & Co., Inc.3,200,000.00 6/10/2027 1075 -$ -$ -$ 3,200,000.00$ -$ -$ JPMorgan Chase & Co.6,000,000.00 4/22/2028 1392 -$ -$ -$ -$ 6,000,000.00$ -$ Deere & Company 6,250,000.00 1/16/2029 1661 -$ -$ -$ -$ -$ 6,250,000.00$ Caterpillar Inc.7,000,000.00 2/27/2029 1703 -$ -$ -$ -$ -$ 7,000,000.00$ BlackRock, Inc.6,800,000.00 3/14/2029 1718 -$ -$ -$ -$ -$ 6,800,000.00$ The Toronto-Dominion Bank 6,800,000.00 4/5/2029 1740 -$ -$ -$ -$ -$ 6,800,000.00$ Met Tower Global Funding 7,000,000.00 4/12/2029 1747 -$ -$ -$ -$ -$ 7,000,000.00$ Corporate 21,403,000.00$ 22,735,000.00$ 32,097,000.00$ 33,731,000.00$ 6,000,000.00$ 33,850,000.00$ Central Unified School District 795,000.00 7/1/2024 1 795,000.00$ -$ -$ -$ -$ -$ Sonoma County California Junior Coll 1,000,000.00 8/1/2024 32 1,000,000.00$ -$ -$ -$ -$ -$ Coachella Valley Unified School Dist 365,000.00 8/1/2024 32 365,000.00$ -$ -$ -$ -$ -$ Gilroy, California, Unified School D 500,000.00 8/1/2024 32 500,000.00$ -$ -$ -$ -$ -$ Val Verde California Unified School 215,000.00 8/1/2024 32 215,000.00$ -$ -$ -$ -$ -$ Oak Grove California School District 200,000.00 8/1/2024 32 200,000.00$ -$ -$ -$ -$ -$ Santa Monica-Malibu Unified School D 250,000.00 8/1/2024 32 250,000.00$ -$ -$ -$ -$ -$ San Rafael California City Elementar 1,200,000.00 8/1/2024 32 1,200,000.00$ -$ -$ -$ -$ -$ San Bernardino Community College Dis 700,000.00 8/1/2024 32 700,000.00$ -$ -$ -$ -$ -$ San Bernardino Community College Dis 1,000,000.00 8/1/2024 32 1,000,000.00$ -$ -$ -$ -$ -$ Long Beach Community College Distric 1,315,000.00 8/1/2024 32 1,315,000.00$ -$ -$ -$ -$ -$ Santa Maria Joint Union High School 395,000.00 8/1/2024 32 395,000.00$ -$ -$ -$ -$ -$ Successor Agency to the Carson Redev 600,000.00 8/1/2024 32 600,000.00$ -$ -$ -$ -$ -$ Successor Agency to the Santa Ana Re 2,000,000.00 9/1/2024 63 2,000,000.00$ -$ -$ -$ -$ -$ City of National City, California 300,000.00 11/1/2024 124 300,000.00$ -$ -$ -$ -$ -$ California State University 450,000.00 11/1/2024 124 450,000.00$ -$ -$ -$ -$ -$ 27 of 32Page 91 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista Reporting Date:6/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years State of Connecticut 1,700,000.00 1/15/2025 199 -$ 1,700,000.00$ -$ -$ -$ -$ State of California 750,000.00 3/1/2025 244 -$ 750,000.00$ -$ -$ -$ -$ San Francisco California City & Coun 255,000.00 3/1/2025 244 -$ 255,000.00$ -$ -$ -$ -$ City of Gardena, California 250,000.00 4/1/2025 275 -$ 250,000.00$ -$ -$ -$ -$ Port Of Oakland 863,530.72 5/1/2025 305 -$ 863,530.72$ -$ -$ -$ -$ City of Ontario, California 1,000,000.00 6/1/2025 336 -$ 1,000,000.00$ -$ -$ -$ -$ California Statewide Communities Dev 1,000,000.00 6/1/2025 336 -$ 1,000,000.00$ -$ -$ -$ -$ University of California 1,600,000.00 7/1/2025 366 -$ -$ 1,600,000.00$ -$ -$ -$ Colton Joint Unified School District 2,475,000.00 8/1/2025 397 -$ -$ 2,475,000.00$ -$ -$ -$ City of Pomona, California 1,675,000.00 8/1/2025 397 -$ -$ 1,675,000.00$ -$ -$ -$ Carpinteria Unified School District 1,210,000.00 8/1/2025 397 -$ -$ 1,210,000.00$ -$ -$ -$ San Bernardino City Unified School D 2,250,000.00 8/1/2025 397 -$ -$ 2,250,000.00$ -$ -$ -$ Successor Agency to the San Jose Red 4,675,000.00 8/1/2025 397 -$ -$ 4,675,000.00$ -$ -$ -$ San Jose, California 2,275,000.00 9/1/2025 428 -$ -$ 2,275,000.00$ -$ -$ -$ State of Hawaii 2,290,000.00 10/1/2025 458 -$ -$ 2,290,000.00$ -$ -$ -$ California State University 2,500,000.00 11/1/2025 489 -$ -$ 2,500,000.00$ -$ -$ -$ California State University 775,000.00 11/1/2025 489 -$ -$ 775,000.00$ -$ -$ -$ State of California 3,200,000.00 4/1/2026 640 -$ -$ 3,200,000.00$ -$ -$ -$ Sequoia Union High School District 2,050,000.00 7/1/2026 731 -$ -$ -$ 2,050,000.00$ -$ -$ Huntington Beach Union High School D 3,510,000.00 8/1/2026 762 -$ -$ -$ 3,510,000.00$ -$ -$ City of Los Angeles 1,085,000.00 9/1/2026 793 -$ -$ -$ 1,085,000.00$ -$ -$ State of Connecticut 3,000,000.00 9/15/2026 807 -$ -$ -$ 3,000,000.00$ -$ -$ University of California 1,340,000.00 5/15/2027 1049 -$ -$ -$ 1,340,000.00$ -$ -$ City of Riverside, California 1,500,000.00 6/1/2027 1066 -$ -$ -$ 1,500,000.00$ -$ -$ Sequoia Union High School District 2,150,000.00 7/1/2027 1096 -$ -$ -$ -$ 2,150,000.00$ -$ Saddleback Valley Unified School Dis 1,805,000.00 8/1/2027 1127 -$ -$ -$ -$ 1,805,000.00$ -$ San Diego Community College District 1,300,000.00 8/1/2027 1127 -$ -$ -$ -$ 1,300,000.00$ -$ Mountain View Whisman School Distric 970,000.00 9/1/2027 1158 -$ -$ -$ -$ 970,000.00$ -$ Municipal Bonds 11,285,000.00$ 5,818,530.72$ 24,925,000.00$ 12,485,000.00$ 6,225,000.00$ -$ Century Next Bank 249,000.00 7/17/2024 17 249,000.00$ -$ -$ -$ -$ -$ CFBank National Association 247,000.00 8/19/2024 50 247,000.00$ -$ -$ -$ -$ -$ First Resource Bank 249,000.00 8/21/2024 52 249,000.00$ -$ -$ -$ -$ -$ Washington Federal Bank 249,000.00 8/23/2024 54 249,000.00$ -$ -$ -$ -$ -$ Caldwell Bank & Trust Company 247,000.00 8/23/2024 54 247,000.00$ -$ -$ -$ -$ -$ The Genoa Banking Company 249,000.00 8/28/2024 59 249,000.00$ -$ -$ -$ -$ -$ Merchants State Bank 247,000.00 8/30/2024 61 247,000.00$ -$ -$ -$ -$ -$ Preferred Bank 249,000.00 8/30/2024 61 249,000.00$ -$ -$ -$ -$ -$ Peoples Bank 249,000.00 9/10/2024 72 249,000.00$ -$ -$ -$ -$ -$ Alma Bank 249,000.00 9/11/2024 73 249,000.00$ -$ -$ -$ -$ -$ The Bank of Old Monroe 249,000.00 9/18/2024 80 249,000.00$ -$ -$ -$ -$ -$ Spring Bank 249,000.00 9/19/2024 81 249,000.00$ -$ -$ -$ -$ -$ BankWest, Incorporated 249,000.00 9/27/2024 89 249,000.00$ -$ -$ -$ -$ -$ Enterprise Bank 247,000.00 9/27/2024 89 247,000.00$ -$ -$ -$ -$ -$ Uinta Bank 247,000.00 10/16/2024 108 247,000.00$ -$ -$ -$ -$ -$ MutualBank 249,000.00 10/22/2024 114 249,000.00$ -$ -$ -$ -$ -$ FirstBank of Nebraska 249,000.00 10/30/2024 122 249,000.00$ -$ -$ -$ -$ -$ 28 of 32Page 92 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista Reporting Date:6/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Enterprise Bank & Trust 249,000.00 11/8/2024 131 249,000.00$ -$ -$ -$ -$ -$ Maine Savings Bank 245,000.00 11/8/2024 131 245,000.00$ -$ -$ -$ -$ -$ Triad Bank 249,000.00 11/8/2024 131 249,000.00$ -$ -$ -$ -$ -$ Commercial Bank 249,000.00 11/13/2024 136 249,000.00$ -$ -$ -$ -$ -$ Community State Bank 249,000.00 12/2/2024 155 249,000.00$ -$ -$ -$ -$ -$ Communitybank of Texas, National Ass 249,000.00 12/4/2024 157 249,000.00$ -$ -$ -$ -$ -$ Bank Forward 249,000.00 12/18/2024 171 249,000.00$ -$ -$ -$ -$ -$ Freedom Financial Bank 249,000.00 2/14/2025 229 -$ 249,000.00$ -$ -$ -$ -$ First National Bank of Michigan 249,000.00 2/14/2025 229 -$ 249,000.00$ -$ -$ -$ -$ American State Bank 249,000.00 2/21/2025 236 -$ 249,000.00$ -$ -$ -$ -$ Bell Bank 249,000.00 2/27/2025 242 -$ 249,000.00$ -$ -$ -$ -$ American Eagle Bank 249,000.00 2/28/2025 243 -$ 249,000.00$ -$ -$ -$ -$ Clear Fork Bank National Association 249,000.00 2/28/2025 243 -$ 249,000.00$ -$ -$ -$ -$ Horizon Bank 249,000.00 2/28/2025 243 -$ 249,000.00$ -$ -$ -$ -$ Iowa State Bank 248,000.00 3/5/2025 248 -$ 248,000.00$ -$ -$ -$ -$ McHenry Savings Bank 249,000.00 3/13/2025 256 -$ 249,000.00$ -$ -$ -$ -$ Access Bank 249,000.00 3/13/2025 256 -$ 249,000.00$ -$ -$ -$ -$ FNB Bank, Inc.249,000.00 3/18/2025 261 -$ 249,000.00$ -$ -$ -$ -$ Central Bank 249,000.00 3/27/2025 270 -$ 249,000.00$ -$ -$ -$ -$ The Bank of Romney 249,000.00 3/27/2025 270 -$ 249,000.00$ -$ -$ -$ -$ San Francisco Federal Credit Union 249,000.00 3/27/2025 270 -$ 249,000.00$ -$ -$ -$ -$ The Hardin County Bank 249,000.00 3/27/2025 270 -$ 249,000.00$ -$ -$ -$ -$ Knoxville TVA Employees Credit Union 249,000.00 3/31/2025 274 -$ 249,000.00$ -$ -$ -$ -$ CenterState Bank Of Florida 248,000.00 3/31/2025 274 -$ 248,000.00$ -$ -$ -$ -$ Gold Coast Bank 249,000.00 4/15/2025 289 -$ 249,000.00$ -$ -$ -$ -$ Synchrony Bank 248,000.00 4/17/2025 291 -$ 248,000.00$ -$ -$ -$ -$ State Bank of India - New York Branc 248,000.00 4/29/2025 303 -$ 248,000.00$ -$ -$ -$ -$ Belmont Bank & Trust Company 249,000.00 4/30/2025 304 -$ 249,000.00$ -$ -$ -$ -$ M1 Bank 248,000.00 5/8/2025 312 -$ 248,000.00$ -$ -$ -$ -$ Alliant Credit Union 249,000.00 12/30/2027 1278 -$ -$ -$ -$ 249,000.00$ -$ Negotiable CD 5,962,000.00$ 5,473,000.00$ -$ -$ 249,000.00$ -$ Inter-American Development Bank 3,000,000.00 9/23/2024 85 3,000,000.00$ -$ -$ -$ -$ -$ International Bank for Recon and Dev 3,000,000.00 11/25/2024 148 3,000,000.00$ -$ -$ -$ -$ -$ International Bank for Recon and Dev 3,500,000.00 7/29/2025 394 -$ -$ 3,500,000.00$ -$ -$ -$ Inter-American Development Bank 3,000,000.00 6/2/2026 702 -$ -$ 3,000,000.00$ -$ -$ -$ International Finance Corporation 4,000,000.00 10/8/2026 830 -$ -$ -$ 4,000,000.00$ -$ -$ Inter-American Development Bank 6,000,000.00 2/1/2027 946 -$ -$ -$ 6,000,000.00$ -$ -$ International Bank for Recon and Dev 5,000,000.00 8/1/2028 1493 -$ -$ -$ -$ -$ 5,000,000.00$ Supranational 6,000,000.00$ -$ 6,500,000.00$ 10,000,000.00$ -$ 5,000,000.00$ United States 9,500,000.00 7/5/2024 5 9,500,000.00$ -$ -$ -$ -$ -$ United States 9,200,000.00 8/1/2024 32 9,200,000.00$ -$ -$ -$ -$ -$ United States 11,000,000.00 9/19/2024 81 11,000,000.00$ -$ -$ -$ -$ -$ United States 5,500,000.00 10/17/2024 109 5,500,000.00$ -$ -$ -$ -$ -$ United States 5,000,000.00 10/17/2024 109 5,000,000.00$ -$ -$ -$ -$ -$ United States 6,500,000.00 11/14/2024 137 6,500,000.00$ -$ -$ -$ -$ -$ United States 3,000,000.00 11/30/2024 153 3,000,000.00$ -$ -$ -$ -$ -$ 29 of 32Page 93 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista Reporting Date:6/30/2024 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Issuer Original Par Maturity Date Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years United States 11,500,000.00 12/12/2024 165 11,500,000.00$ -$ -$ -$ -$ -$ United States 4,750,000.00 12/31/2024 184 -$ 4,750,000.00$ -$ -$ -$ -$ United States 6,750,000.00 5/31/2025 335 -$ 6,750,000.00$ -$ -$ -$ -$ United States 6,750,000.00 7/15/2025 380 -$ -$ 6,750,000.00$ -$ -$ -$ United States 3,000,000.00 8/15/2025 411 -$ -$ 3,000,000.00$ -$ -$ -$ United States 6,500,000.00 9/15/2025 442 -$ -$ 6,500,000.00$ -$ -$ -$ United States 6,750,000.00 10/15/2025 472 -$ -$ 6,750,000.00$ -$ -$ -$ United States 5,000,000.00 3/15/2026 623 -$ -$ 5,000,000.00$ -$ -$ -$ United States 5,000,000.00 5/15/2026 684 -$ -$ 5,000,000.00$ -$ -$ -$ United States 5,000,000.00 6/15/2026 715 -$ -$ 5,000,000.00$ -$ -$ -$ United States 3,500,000.00 8/15/2026 776 -$ -$ -$ 3,500,000.00$ -$ -$ United States 6,500,000.00 12/15/2026 898 -$ -$ -$ 6,500,000.00$ -$ -$ United States 3,200,000.00 2/15/2027 960 -$ -$ -$ 3,200,000.00$ -$ -$ United States 5,000,000.00 4/30/2027 1034 -$ -$ -$ 5,000,000.00$ -$ -$ United States 5,500,000.00 4/30/2027 1034 -$ -$ -$ 5,500,000.00$ -$ -$ United States 6,000,000.00 11/30/2027 1248 -$ -$ -$ -$ 6,000,000.00$ -$ United States 6,000,000.00 12/31/2027 1279 -$ -$ -$ -$ 6,000,000.00$ -$ United States 6,000,000.00 1/31/2028 1310 -$ -$ -$ -$ 6,000,000.00$ -$ United States 6,400,000.00 2/15/2028 1325 -$ -$ -$ -$ 6,400,000.00$ -$ United States 6,000,000.00 9/30/2028 1553 -$ -$ -$ -$ -$ 6,000,000.00$ United States 6,500,000.00 10/31/2028 1584 -$ -$ -$ -$ -$ 6,500,000.00$ United States 7,000,000.00 3/31/2029 1735 -$ -$ -$ -$ -$ 7,000,000.00$ US Treasury 61,200,000.00$ 11,500,000.00$ 38,000,000.00$ 23,700,000.00$ 24,400,000.00$ 19,500,000.00$ Neighborhood National Bank 4,391,781.70 8/15/2024 46 4,391,781.70$ -$ -$ -$ -$ -$ Placement Service Deposits Total Maturity 150,640,000.00$ 80,256,530.72$ 157,752,000.00$ 127,332,000.00$ 49,874,000.00$ 75,000,000.00$ 640,854,530.72$ 1.80 Weighted Average Maturity (in years) 3.44%Weighted Yield to Maturity 30 of 32Page 94 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista Corporate Bonds - Sector Distribution Issuer Maturity Date CUSIP Purchase YTM Original Par GICS Sector Walmart Inc.7/8/2024 931142EL3 2.72 3,900,000.00 Consumer Discretionary Salesforce, Inc.7/15/2024 79466LAG9 0.96 450,000.00 Information Technology UnitedHealth Group Incorporated 8/15/2024 91324PDR0 0.60 3,000,000.00 Health Care Exxon Mobil Corporation 8/16/2024 30231GBC5 0.63 1,000,000.00 Energy Amazon.com, Inc.8/22/2024 023135AZ9 1.91 226,000.00 Consumer Discretionary Berkshire Hathaway Inc.9/1/2024 12189LAT8 1.72 1,000,000.00 Industrials Berkshire Hathaway Inc.9/1/2024 12189LAT8 1.72 3,000,000.00 Industrials The Coca-Cola Company 9/6/2024 191216CL2 0.99 3,200,000.00 Consumer Staples PayPal Holdings, Inc.10/1/2024 70450YAC7 0.64 950,000.00 Information Technology BNY Mellon Corp 10/24/2024 06406RAL1 1.16 1,000,000.00 Financials Caterpillar Inc.11/8/2024 14913Q3B3 1.07 3,000,000.00 Industrials The Hershey Company 11/15/2024 427866BC1 1.88 677,000.00 Consumer Staples Adobe Inc.2/1/2025 00724FAC5 3.12 2,595,000.00 Information Technology PACCAR Inc 2/6/2025 69371RQ66 0.67 1,000,000.00 Financials Toyota Motor Corporation 2/13/2025 89236TGT6 1.04 1,000,000.00 Consumer Discretionary 3M Company 2/14/2025 88579YBH3 1.44 2,500,000.00 Industrials W.W. Grainger, Inc.2/15/2025 384802AE4 1.85 580,000.00 Industrials Deere & Company 3/13/2025 24422EUE7 1.11 1,250,000.00 Industrials Intel Corporation 3/25/2025 458140BP4 4.51 2,001,000.00 Information Technology Amazon.com, Inc.4/13/2025 023135CE4 2.99 3,000,000.00 Consumer Discretionary Target Corporation 4/15/2025 87612EBL9 1.74 3,000,000.00 Consumer Discretionary Apple Inc.5/11/2025 037833DT4 1.12 1,131,000.00 Information Technology Honeywell International Inc.6/1/2025 438516CB0 1.15 3,000,000.00 Industrials Amazon.com, Inc.6/3/2025 023135BQ8 1.19 1,678,000.00 Consumer Discretionary JPMorgan Chase & Co.7/15/2025 46625HMN7 1.74 2,000,000.00 Financials PACCAR Inc 8/11/2025 69371RR99 4.36 2,300,000.00 Financials State Street Corporation 8/18/2025 857477AT0 3.10 1,600,000.00 Financials Cummins Inc.9/1/2025 231021AU0 1.20 743,000.00 Industrials Cummins Inc.9/1/2025 231021AU0 1.20 2,257,000.00 Industrials The Home Depot, Inc.9/15/2025 437076BK7 3.07 3,200,000.00 Consumer Discretionary Toyota Motor Corporation 10/16/2025 89236THP3 1.41 3,000,000.00 Consumer Discretionary Visa Inc.12/14/2025 92826CAD4 2.72 2,500,000.00 Financials PepsiCo, Inc.2/24/2026 713448DF2 4.31 1,872,000.00 Consumer Staples Cisco Systems, Inc.2/28/2026 17275RBC5 4.31 3,500,000.00 Information Technology Target Corporation 4/15/2026 87612EBE5 4.26 1,850,000.00 Consumer Discretionary Target Corporation 4/15/2026 87612EBE5 4.26 1,901,000.00 Consumer Discretionary PACCAR Inc 5/11/2026 69371RR32 4.33 3,000,000.00 Financials Intel Corporation 5/19/2026 458140AU4 1.36 2,374,000.00 Information Technology Walmart Inc.7/8/2026 931142EM1 4.09 1,900,000.00 Consumer Discretionary Cisco Systems, Inc.9/20/2026 17275RBL5 4.04 1,150,000.00 Information Technology NIKE, Inc.11/1/2026 654106AF0 3.13 1,035,000.00 Consumer Discretionary Honeywell International Inc.11/1/2026 438516BL9 3.02 1,185,000.00 Industrials Illinois Tool Works Inc.11/15/2026 452308AX7 4.82 1,421,000.00 Industrials Abbott Laboratories 11/30/2026 002824BF6 4.69 1,000,000.00 Health Care Royal Bank of Canada 1/19/2027 78016HZT0 4.75 6,500,000.00 Financials Morgan Stanley 1/20/2027 61746BEF9 5.62 2,500,000.00 Financials JPMorgan Chase & Co.1/29/2027 46647PBA3 5.86 2,500,000.00 Financials Bank of America Corporation 3/2/2027 06048WS84 2.75 4,000,000.00 Financials The Charles Schwab Corporation 3/3/2027 808513BY0 3.34 2,205,000.00 Financials PepsiCo, Inc.3/19/2027 713448ER5 3.14 1,935,000.00 Consumer Staples Costco Wholesale Corporation 5/18/2027 22160KAM7 4.29 3,200,000.00 Consumer Discretionary 31 of 32Page 95 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista Corporate Bonds - Sector Distribution Issuer Maturity Date CUSIP Purchase YTM Original Par GICS Sector Merck & Co., Inc.6/10/2027 58933YBC8 3.16 3,200,000.00 Health Care JPMorgan Chase & Co.4/22/2028 46647PEE2 5.19 6,000,000.00 Financials Deere & Company 1/16/2029 24422EXH7 4.56 6,250,000.00 Industrials Caterpillar Inc.2/27/2029 14913UAJ9 4.77 7,000,000.00 Financials BlackRock, Inc.3/14/2029 09290DAA9 4.56 6,800,000.00 Financials The Toronto-Dominion Bank 4/5/2029 89115A2Y7 4.98 6,800,000.00 Financials Met Tower Global Funding 4/12/2029 58989V2H6 5.49 7,000,000.00 Financials 149,816,000.00 GICS Sector Amount Percent Communication Services - 0.00% Consumer Discretionary 28,890,000.00 19.28% Consumer Staples 7,684,000.00 5.13% Energy 1,000,000.00 0.67% Financials 64,705,000.00 43.19% Health Care 7,200,000.00 4.81% Industrials 26,186,000.00 17.48% Information Technology 14,151,000.00 9.45% Materials - 0.00% Real Estate - 0.00% Utilities - 0.00% Total 149,816,000.00 100.00% Consumer Discretionary 19% Consumer Staples 5% Energy 1% Financials 43% Health Care 5% Industrials 18% Information Technology 9% CORPORATE BONDS -SECTOR DISTRIBUTION 32 of 32Page 96 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda v . 0 0 4 P a g e | 1 August 13, 2024 ITEM TITLE Grant Acceptance: Accept Grant Funding Through the USDA Forest Service for the Urban Forest Tree Inventory and Forest Management Plan Project, Approve Subaward Agreement with GreenLatinos, and Amend the Fiscal Year 2024-25 Budget Report Number: 24-0206 Location: No specific geographic location Department: Public Works G.C. § 84308: No Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15306 Class 6 (Information Collection) and Section 15301 Class 1 (Existing Facilities). Under the National Environmental Policy Act, the activity is exempt pursuant to Title 7, Part 650.6(a) of the Code of Federal Regulations and the Department of Agriculture Environmental Guidelines. Recommended Action Adopt a resolution: A) accepting $500,000 in Inflation Reduction Grant funding through the United States Department of Agriculture, Forest Service Urban & Community Forestry (USDA Forest Service); B) approving a Subaward Agreement with GreenLatinos; (C) designating the City’s agent; and D) amending the fiscal year 2024-25 budget and appropriating funds therefor. (4/5 Vote Required) SUMMARY The City has been awarded an Inflation Reduction Act Grant in the amount of $500,000 for the Chula Vista Urban Forest Tree Inventory and Forest Management Plan Project. The grant funds were awarded through a national pass-through partner, GreenLatinos. GreenLatinos applied for a match waiver with the USDA, and the City must demonstrate that the grant funds will be used to benefit disadvantaged communities. The City will need to supplement the grant award with funding to complete the project. The fiscal year 2024-25 budget already includes a portion of these needed funds. Staff is requesting the remaining $206,030 be appropriated in the current fiscal year. This action will accept the grant funds, designate the City’s agents to provide all necessary assurances and approve a subaward agreement with the national pass-through partner (GreenLatinos), and make necessary budget adjustments to the fiscal year 2024-25 Budget. Page 97 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 2 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 15306 Class 6 (Information Collection) and Section 15301 Class 1 (Existing Facilities) because the proposed action would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adver se change in the significance of a historical resource. Thus, no further environmental review is required. Under NEPA, the activity is exempt pursuant to Title 7, Part 650.6(a) of the Code of Federal Regulations and the Department of Agriculture Environmental Guidelines. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City aims to advance the development of a comprehensive tree inventory system and forest management plan. Currently, only 39,000 of the estimated 86,000 trees in the public urban forest have been inventoried. Improving the City’s tree inventory will assist in the efficient planning, assessment, maintenance, and management of its urban forest. The project is centered on implementing strategies that maximize the environmental benefits from trees. A thorough inventory will optimize outreach and provide vital information to sustain a healthy, equitable, and resilient urban forest, while mitigating the risks associated with tree failure and wildland-urban interface fires. In May 2023, the City applied for an Inflation Reduction Act Grant from the United States Department of Agriculture, Forest Service Urban & Community Forestry (USDA Forest Service) for the Chula Vista Urban Forest Tree Inventory and Forest Management Plan project. This project will provide the baseline information necessary for the long-term management critical to ensuring the sustainability of this vital community resource. In September 2023, the City received notification from the USDA Forest Service that the City had been awarded the Inflation Reduction Act grant in the amount of $500,000. All work associated with this grant must be completed as of November 30, 2027. The grant funds were awarded through a national pass-through partner of the USDA Forest Service, GreenLatinos, and the City is the subrecipient. Payment of the grant funds is on a reimbursement basis. Due to the estimated volume of trees Citywide, the grant funds are not sufficient to complete the project and funds are needed to supplement the grant award. Within the adopted fiscal year 2024-25 budget, the City has already appropriated a portion of these needed funds. Staff is requesting the remaining $206,030 be appropriated in the current fiscal year. This remaining amount will be funded through the City’s Special Tax Districts, as a portion of the City’s trees are under the maintenance responsibility of these districts. Tonight’s requested action would do the following: Accept the $500,000 in grant funds and approve a Subaward Agreement with GreenLatinos as a national pass-through agency, Page 98 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 3 Designate the City’s agents to provide all necessary assurances and agreements that are required to receive the funds, Amend the fiscal year 2024-25 Federal Grants Fund to reflect the grant award, and Appropriate the remaining $206,030 as a transfer from various Special Tax District Funds to the Federal Grants Fund. 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 City Council members do not create a disqualifying real property- related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any Council mem ber, 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 the resolution will result in the acceptance of $500,000 in grant funding from the USDA the City’s Urban Forest Tree Inventory and Forest Management Plan project. The adopted fiscal year 2024-25 budget already included a portion of the funding to complete the entire inventory and forest management plan. Staff is requesting that the remaining $206,030 be appropriated as a transfer from various Special Tax District Funds to the Federal Grants Fund. This appropriation is covered through the reserves of each Special Tax District, which have sufficient fund balance to absorb this impact. There is no additional impact to the General Fund. Additionally, the adopted fiscal year 2024-25 budget included a higher grant amount than actually awarded. Staff is requesting adjustments to amend the Federal Grants Fund to reflect the award amount of $500,000. The following table details the requested appropriations by Department/Fund: Fund Transfers Out Transfers In Federal Grant Project Revenue Net Impact Federal Grants Fund $ - $206,030 ($206,030) $ - Various Special Tax District Funds (Funds 342- 346, 348, 349, 353, 358, 359, 364, 367, 371, 376, 378, 379, 380, 381, 382, 387, and 388) $206,030 $ - $ - ($206,030) OTHER FUND TOTALS $ 206,030 $206,030 ($206,030) ($206,030) With the approval of the recommended budget changes the project will be funded as follows: Page 99 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 4 Description Amount Project Cost $874,030 Funding Sources: Federal Grant $500,000 General Fund $168,000 Special Tax Districts $206,030 Total Funding $874,030 ONGOING FISCAL IMPACT The grant may cross between three fiscal years as the project period is through November 30, 2027. The full grant amount and project funds are included within tonight’s recommended actions. No additional fiscal impact is anticipated as part of the inventory project. The findings and recommendations from the report will be considered as part of future budget development processes. ATTACHMENTS 1. Subaward Agreement with GreenLatinos Staff Contact(s): Sam Oludunfe, Open Space Manager Tessa Nguyen, Senior Management Analyst Page 100 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (A) ACCEPTING GRANT FUNDS THROUGH THE UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE URBAN & COMMUNITY FORESTRY (USDA FOREST SERVICE) FOR THE CHULA VISTA URBAN FOREST TREE INVENTORY AND FOREST MANAGEMENT PLAN PROJECT; (B) APPROVING A SUBAWARD AGREEMENT WITH GREENLATINOS, AS A NATIONAL PASS-THROUGH PARTNER FOR THE USDA FOREST SERVICE; (C) AUTHORIZING THE DIRECTOR OF PUBLIC WORKS, THE ASSISTANT DIRECTOR OF PUBLIC WORKS, AND THE OPEN SPACE MANAGER THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL NECESSARY GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO APPLICATIONS, AGREEMENTS, AND AMENDMENTS TO SECURE THE GRANT FUNDS; AND (D) AMENDING THE FISCAL YEAR 2024-25 BUDGET AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City aims to advance the development of a comprehensive tree inventory system and forest management plan to optimize outreach and provide vital information to maintain a healthy, equitable, and resilient urban forest, while mitigating the risks associated with tree failure and wildland urban interface fires; and WHEREAS, this project intends to benefit disadvantaged communities within the City of Chula Vista as well as Chula Vista as a whole; and WHEREAS, in May 2023, the City applied for an Inflation Reduction Act Grant from the United States Department of Agriculture, Forest Service Urban & Community Forestry (USDA Forest Service) for the Chula Vista Urban Forest Tree Inventory and Forest Management Plan project; and WHEREAS, in September 2023, the City received notification from the USDA Forest Service that the City had been awarded the Inflation Reduction Act grant in the amount of $500,000; and WHEREAS, the grant funds were awarded through GreenLatinos, a national pass-through partner of the USDA Forest Service and requires the City, as a subrecipient, enter into a subaward agreement with GreenLatinos; and WHEREAS, due to the estimated volume of trees Citywide the grant funds are not sufficient to complete the work Citywide and additional appropriations are needed. Page 101 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: Accepts $500,000 in Inflation Reduction Act grant funds through the United States Department of Agriculture, Forest Service Urban & Community Forestry (USDA Forest Service) Approves a Subaward Agreement with GreenLatinos, as a national pass-through partner for the USDA Forest Service substantially in the form presented, with such modifications as may be required or approved by the City Attorney Authorizes the City Manager or designee the power to execute in the name of the City of Chula Vista all necessary grant documents, including but not limited to applications, agreements, and amendments to secure the grant funds subject to approval by the City Attorney. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that i t amends the fiscal year 2024-25 budget as follows: Fund Org Transfers Out Transfers In Federal Grant Project Revenue Net Impact Federal Grants Fund 272565 -$ 206,030.00$ (206,030.00)$ -$ CFD 11-M Rollings Hills McMillin 342615 1,847.00$ -$ -$ (1,847.00)$ CFD 12-M OR Village 7 McMillin 343616 6,724.00$ -$ -$ (6,724.00)$ CFD 13-M OR Village 2 344617 17,745.00$ -$ -$ (17,745.00)$ CFD 12-M OR Village 7 Otay Ranch 345618 5,369.00$ -$ -$ (5,369.00)$ CFD 14-M A EUC Millenia 346619 838.00$ -$ -$ (838.00)$ CFD 18-M Village 3 Otay Ranch 348669 9,062.00$ -$ -$ (9,062.00)$ CFD 19-M Freeway Commerical 2 349670 427.00$ -$ -$ (427.00)$ ELMD - Zone B 353634 3,366.00$ -$ -$ (3,366.00)$ ELMD - Zone C 353635 288.00$ -$ -$ (288.00)$ Open Space District #5 358642 1,437.00$ -$ -$ (1,437.00)$ Open Space District #6 359643 756.00$ -$ -$ (756.00)$ Open Space District #10 364647 2,397.00$ -$ -$ (2,397.00)$ Open Space District #14 367650 4,482.00$ -$ -$ (4,482.00)$ Open Space District #18 371653 3,053.00$ -$ -$ (3,053.00)$ Open Space District #31 376666 4,261.00$ -$ -$ (4,261.00)$ CFD 07-M Eastlake Woods & Vista 378621 5,886.00$ -$ -$ (5,886.00)$ CFD 07-M Eastlake Land Swap 378622 2,800.00$ -$ -$ (2,800.00)$ CFD 08-M Village 6 McMillin 379623 8,028.00$ -$ -$ (8,028.00)$ CFD 08-M Village 6 Otay Ranch 379624 7,650.00$ -$ -$ (7,650.00)$ CFD 09-M Village 11 Brookfield-Shea 380625 11,195.00$ -$ -$ (11,195.00)$ CFD 14-M2 EUC Millenia 381671 805.00$ -$ -$ (805.00)$ CFD 99-2 OR Village 1 West 382626 13,002.00$ -$ -$ (13,002.00)$ CFD 98-3 Sunbow 2 387627 34,350.00$ -$ -$ (34,350.00)$ CFD 97-1 Otay Ranch Area A 388628 30,721.00$ -$ -$ (30,721.00)$ CFD 97-1 Otay Ranch Area B 388629 29,541.00$ -$ -$ (29,541.00)$ OTHER FUNDS TOTAL 206,030.00$ 206,030.00$ (206,030.00)$ (206,030.00)$ Page 102 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Resolution No. Page 3 Presented by Approved as to form by Matthew Little, P.E. Marco A. Verdugo Deputy City Manager/Director of Public Works City Attorney Page 103 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 1 GreenLatinos Urban & Community Forestry Program Subaward Agreement for City of Chula Vista Tree Inventory and Urban Forest Management Plan This Subaward Agreement (“Agreement”) is entered into between GreenLatinos, a nonprofit organization duly incorporated pursuant to the laws of the District of Columbia with principal offices at 1919 14 Street, Suite 700, Boulder, CO 80302 (“GreenLatinos”) and City of Chula Vista, with its principal offices at 276 Fourth Avenue, Chula Vista, CA 91910 (“Subrecipient”). GreenLatinos and Subrecipient may be collectively referred to as “Parties” or each, individually, as a “Party.” Contacts: Individuals listed below are authorized to act in their respective areas for matters related to this award. Any revision to key personnel identified in this agreement requires notification by the Subrecipient by email to GreenLatinos within 10 business days. Principal Subaward Contacts: Subaward Program Contact: Sam Olusina Oludunfe (City Forester) Public Works Department 1800 Maxwell Road Chula Vista, CA 91911 (619) 397-6006 SOludunfe@ChulaVistaCA.gov Subaward Financial Contact: Tessa Nguyen (Senior Management Analyst) Public Works Department 1800 Maxwell Road Chula Vista, CA 91911 (619) 397-6018 TNguyen@ChulaVistaCA.gov Page 104 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 2 Principal GreenLatinos Contacts: GreenLatinos Program Contact Subaward Financial Contact Rachna Vas 1919 14th Street, Suite 700 Boulder, CO 80302 Telephone: (202) 677-0991 Email: rachnavas@greenlatinos.org Joe Toolan 1919 14th Street, Suite 700 Boulder, CO 80302 Telephone: (443) 713-9026 Email: joetoolan@greenlatinos.org Whereas, the originating source of Federal assistance funds for this Agreement is made under the authority of the Cooperative Forestry Assistance Act, P.L. 95-313 as amended, 16 USC section 2105 and Public Law 117-169, Subtitle D, Section 23003(a). The Federal Assistance Listing (formerly Catalog of Federal Domestic Assistance - CFDA) number and name are 10.727, Inflation Reduction Act Urban & Community Forestry Program. GreenLatinos’ Award Cooperative Agreement (FAIN) number is 24-CA- 11132544-013, and the originating grant period is December 13, 2023 to November 30, 2028; and Whereas, the purpose of this Agreement is to outline Parties’ collaborative efforts to develop and implement an urban and community forestry project (“Project”) funded, supported by, and meeting the United States Department of Agriculture (USDA) Forest Service’s Urban and Community Forestry Program guidelines and objectives; and Whereas, Parties aim to support frontline communities in restoring and expanding urban forest canopy in areas with low tree cover, and engaging residents in community forestry, resulting in (1) increased resilience to heat, flood, and storm events; (2) increased wellness and recreational opportunities; and (3) reductions in greenhouse gas and air quality pollutants in frontline communities across Chula Vista, representing [6073013103, 6073013205, 6073013206, 6073013204, 6073013308, 6073013306, 6073013307, 6073013203, 6073013104, 6073013000, 6073012600, 6073012502, 6073012401, Page 105 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 3 6073012303, 6073012402, 6073012302, 6073012700, and 6073012800 census tracts. Now, therefore, the Parties do hereby agree as follows: 1. TERM. This Agreement shall govern the performance of the Parties for the period [ ] (the “Effective Date”) through November 30, 2027, unless earlier terminated by either party in accordance with the terms of this Agreement (such period of performance, the “Agreement Term”). 2. SCOPE OF WORK AND BUDGET; PRIOR APPROVAL FOR CHANGES. a. Scope of Work and Budget. Subrecipient shall, in a satisfactory manner as determined by GreenLatinos, perform all activities described in the scope of work as approved by GreenLatinos and attached hereto as Exhibit A, as may be amended from time to time (the “Approved Services”) in accordance with the program budget as approved by GreenLatinos and attached hereto as Exhibit B, as may be amended from time to time (the “Approved Budget”). b. Prior Approval for Changes. Subrecipient may not transfer more than 10% allocated funds among cost categories within a budgeted program account without the prior written approval of GreenLatinos nor shall Subrecipient make any changes, directly or indirectly, in program design or in the Approved Services or in the Approved Budget without the prior written approval of GreenLatinos. 3. ROLES AND RESPONSIBILITIES. a. GreenLatinos. As a national pass-through partner for the USDA Forest Service that subawards funding to community-based organizations and local government agencies serving priority communities, GreenLatinos will have administrative and programmatic oversight over the Page 106 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 4 implementation of and compliance with the terms of this Agreement. GreenLatinos is responsible for: i. Funding and Payment Processing. GreenLatinos will provide funding for the project in an amount not to exceed US$500,000. Payment(s) are to be made on a reimbursable basis according to the Payment Schedule shown in Exhibit A Table 1. GreenLatinos will process invoices quarterly. ii. Invoices. Invoices are to be submitted through GreenLatinos’ subrecipient portal. iii. Project Funds. Project funds are to be expended in accordance with the proposed budget, in accordance with the terms in this Agreement, and fulfilling the scope of the final and awarded proposal. iv. Monitoring and Reporting. GreenLatinos will supervise and aggregate semi-annual performance and quarterly reimbursement reports, and will provide an online portal for Subrecipient to submit reports. v. Technical Assistance. GreenLatinos may organize kick-off and close-out convenings, monthly peer learning calls, and topic-specific webinars on project design, reporting and financial assistance, and community engagement. GreenLatinos will provide case management and some technical assistance. Requests for technical assistance, supporting project implementation, shall be submitted through GreenLatinos subrecipient’ portal. b. Community Lead. Sam Olusina Oludunfe, Unique Entity Identifier UEI: KVBYLRZMAGJ9, serving as the Community Lead for the City of Chula Vista], shall have the legal authority to enter into this award, and the institutional, managerial, and financial capability to ensure proper Page 107 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 5 planning, management, and completion of the proposed project, which includes funds sufficient to pay the non- Federal share of project costs, when applicable. Subrecipient is responsible for: i. Program Participation. Actively participating in technical assistance activities organized by GreenLatinos, including but not limited to kick-off and close-out convenings, monthly peer learning calls, topic-specific webinars, training on reporting and financial assistance, and community engagement, and submission of technical assistance requests through GreenLatinos’ online portal. ii. Project Management and Coordination. Completing Project deliverables during the designated period of performance, in accordance with program requirements. iii. Finances. Establishing a dedicated account explicitly designated for funds disbursed under this subaward. Subrecipient is also responsible for submitting quarterly reimbursement requests tying program activities to approved budget expenses, to access grant funding. iv. Reporting. 1) Quarterly Financial Check-ins and Reimbursement Reports: Subrecipient shall submit quarterly reimbursement reports with reimbursement requests as prescribed by GreenLatinos throughout the subaward’s performance period, to be submitted through GreenLatinos' subrecipient portal. In accordance with 2 CFR § 200.301, reports must relate financial data to performance accomplishments of the federal award. Quarterly reimbursement reports will be due on April 10 for Q1 ending on March 31; July 10 for Page 108 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 6 Q2 ending on June 30; October 10 for Q3 ending on September 30 and January 10 for Q4 ending December 31. There will be informal quarterly progress check-ins in April and October where reimbursements and performance accomplishments will be discussed. Quantitative and qualitative project accomplishments must be reported to the USFS Impact Reporting Platform. Late reports will result in withholding of reimbursement payments. 2) Semi-annual Reports: Subrecipient shall submit semi-annual reports as prescribed by GreenLatinos throughout the subaward’s performance period, to be submitted through GreenLatinos' subrecipient portal. In accordance with 2 CFR § 200.301, reports must relate financial data to performance accomplishments of the federal award. Semi- annual reports will be due on November 10th for the period of May 1 to October 31 and May 10th for the period of November 1 to April 31. Quantitative and qualitative project accomplishments must be reported to the USFS Impact Reporting Platform. Late reports will result in withholding of reimbursement payments. 3) Ongoing Reporting: Ongoing project reporting may include providing GreenLatinos and the USDA with success stories with brief project descriptions, outcomes, photographs and testimonials via the USDA Forest Service reporting system. 4) Final Deliverables and Report. By February 28, 2028, submitting all substantial products and Page 109 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 7 outputs, a final reporting form, high resolution .jpg photographs of project work (by submitting a photograph Subrecipient consents to allow GreenLatinos and USDA Forest Service to use those photographs in communications and reporting and represents and warrants that Subrecipient has obtained all necessary consents, permissions or licenses necessary to permit GreenLatinos and USDA Forest Service to do so), and a detailed record of project expenditures, including a comparison of the original proposed budget to award expenditures. v. GreenLatinos Communications. Subrecipient shall actively communicate their project achievements, impact, and outcomes with the media. Subrecipients shall work with GreenLatinos and GreenLatinos’ media consultant to promote their projects to the media. Clear recognition of USDA's support shall be included in all press releases, digital, and print media. Subrecipient shall acknowledge GreenLatinos and the Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this award. Follow direction in USDA Supplemental 2 CFR 415.2. GreenLatinos may provide plaques and certificates to all sub-awardees to acknowledge USDA’s support. If plaques and certificates are provided, they shall be publicly displayed. Subrecipients may be asked to present Project outcomes during a GreenLatinos virtual or in person meeting, if requested.1 1 This request is subject to GreenLatinos’ communications schedule and is not guaranteed to be made. Page 110 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 8 4. AWARD AND ADMINISTRATION; COMPLIANCE WITH APPLICABLE LAWS. a. JUSTICE40. The federal match requirement for this award has been waived under the provision of Public Law 117-169 (Inflation Reduction Act), with the requirement that 100% of work and funding under this subaward must benefit disadvantaged communities. b. Compliance with Prime Award and Subaward. Subrecipient shall perform all activities funded by this Agreement in accordance with: (i) the Notice of Prime Award attached hereto as Exhibit D, including any amendments thereto; (ii) the Subaward Data attached hereto as Exhibit E, including any amendments thereto, which provides a summary of the Federal Subrecipient agreement data that is required by 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; (iii) the Approved Services attached hereto as Exhibit A; (iv) the Approved Budget attached hereto as Exhibit B, including any amendments thereto; and (v) the applicable additional terms and conditions in Exhibit C (each of (i)-(v) above is hereby incorporated by reference into this Agreement). In addition, Subrecipient shall cooperate fully with GreenLatinos in its efforts to comply with the requirements of the Notice of Prime Award, including any amendments thereto. c. Compliance with Applicable Laws. Subrecipient shall perform all activities funded by this Agreement in accordance with all applicable federal, state and local laws, including without limitation laws which regulate the use of funds allocated Cooperative Forestry Assistance Act, P.L. 95- 313 as amended, 16 USC section 2105 and Public Law 117-169, Subtitle D, Section 23003(a). The term “federal, state and local laws” as used in this Agreement shall mean all applicable statutes, rules, regulations, executive orders, directives or other laws, including all laws as presently in Page 111 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 9 effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the Agreement Term. d. Collaborative Arrangements. Where permitted by terms of the award and federal law, Subrecipient may enter into collaborative arrangements with other organizations to jointly carry out activities with Forest Service funds available under this award. Subrecipient must obtain approval in writing from GreenLatinos before entering into any collaborative arrangements using Forest Service funds. GreenLatinos will not approve any subaward arrangements between Subrecipient and other organizations. Collaborative arrangements are to be restricted to contractual agreements as set forth by the procurement standards in 2 CFR Part 200 Subpart D. e. Disclosures. Subrecipient must promptly disclose to GreenLatinos all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. f. Risk and Receipt of Funding. Subrecipient represents and warrants that, at all times during the Term, it does NOT have active exclusions in the System for Award Management (sam.gov). Subrecipient’s risk profile must be evaluated in accordance with 2 CFR § 200.332(b) and deemed favorable, and Subrecipient’s award will be reported at fsrs.gov in compliance with 2 CFR §170, prior to Subrecipient’s receipt of funds. If the Subrecipient has any active exclusion, it will not be eligible for receipt of funding. g. SAM.GOV Requirement: Subrecipient shall maintain current organizational information and the original Unique Entity Identifier (UEI) provided for this agreement in the System for Award Management (SAM) until receipt of final payment. This requires annual review and updates, when needed, of organizational information after the initial Page 112 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 10 registration. More frequent review and updates may be required for changes in organizational information or agreement term(s). Any change to the original UEI provided in this agreement will result in termination of this agreement and de-obligation of any remaining funds. For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. h. Debarment and Suspension. Subrecipient shall immediately inform GreenLatinos if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should Subrecipient or any of their principals receive a transmittal letter or other official federal notice of debarment or suspension, then they shall notify GreenLatinos without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. Subrecipient must complete the form AD- 1048, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions, attached hereto as Exhibit H. i. Restrictions on Lobbying. If the Subaward amount exceeds $100,000, Subrecipient shall file the certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” The subrecipient shall certify that it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by Page 113 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 11 31 USC section 1352. Subrecipient shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that Federal contract, grant or award covered by 31 USC section 1352. Such disclosures shall be forwarded to GreenLatinos. Subrecipient shall ensure that any subcontractors/subconsultants under this Agreement shall certify the same. GreenLatinos is responsible for keeping the certification of Subrecipient, who is in turn responsible for keeping the certification forms of subcontractors/subconsultants (provided, however, that nothing in this section shall be construed to permit Subrecipient to retain or hire subcontractors/subconsultants without the written permission of GreenLatinos). j. Notification. Subrecipient shall notify GreenLatinos within 5 business days of all developments that have a significant impact on the activities supported under this award, including but not limited to financial developments. Also, notification must be given in case of problems, delays or adverse conditions that materially impair the ability to meet the objectives of the award. This notification must include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. k. No Funding of Research and Development. This award is not for research and development and the cost of independent research and development, including their proportionate share of indirect costs, are unallowable. l. Members of Congress. Pursuant to 41 USC section 22, no member of, or delegate to, Congress shall be admitted to any share or part of this award, or benefits that may arise therefrom, either directly or indirectly. Page 114 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 12 5. FINANCIAL MANAGEMENT AND ADMINISTRATION. a. Office of Management and Budget (OMB) Guidance. Subrecipient is subject to OMB guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400 and must follow regulations found in 2 CFR 200.331 through 2 CFR 200.333. Electronic copies of the CFRs can be found at: ecfr.gov. b. Use of Award Funds. Award funds and any interest earned on them shall not be used: i. To carry out propaganda, or otherwise to attempt to influence legislation (within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”)) or as prohibited by OMB Circular A-122, section 25 regarding lobbying; ii. To participate or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office (within the meaning of section 501(c)(3) of the Code); iii. To make any awards to individuals or organizations (unless pre-approved in writing by GreenLatinos). iv. No part of the Award funds shall be paid to any GreenLatinos official, and Awardee acknowledges that no gifts or services were or will be rendered to GreenLatinos or any GreenLatinos official in exchange for this Award. c. Allowable Expenditures. All expenditures made with funds provided under this subaward must be exclusively for allowable program expenditures incurred during the period of this subaward. d. Purchase of Equipment. Subrecipient may not use the funds received under this Agreement for any purchase of equipment. e. Single Audit. In accordance with 2 CFR 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements, found in section 200.501(a), audit Page 115 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 13 requirements for federal awards, non-federal entities that expend $750,000 or more in federal awards from all funding sources during their fiscal year, must agree to have a Single Audit conducted in accordance with section 200.514 Scope of Audit. Further, section 200.512 requires that the final report for such an audit be completed within nine months of the entity’s fiscal year end. As a condition of this award, the subrecipient will be required to annually certify if their organization has been subject to the Single Audit requirement according to the above citations. If required, the subrecipient will complete any required Single Audit no later than nine months after the end of the entity’s fiscal year, and will send the Single Audit report to GreenLatinos within 10 business days of its completion. f. Election of De Minimis Rate. For the administration of this subaward, GreenLatinos has elected to use the de minimis indirect cost rate of 10% of modified total direct costs (MTDC) as allowed under 2 CFR § 200.414(f). [Each Subrecipient will be allowed to use their own federally approved indirect rate, cost allocation plan, or the 10% de minimis rate. OR Subrecipient approved indirect rate is [XX]% of direct costs. OR Subrecipient has chosen to waive recovery of indirect costs related to this Project.] City of Chula Vista hereby elects to waive recovery of indirect costs for this project. ______ (Please initial) 6. REPORTING. a. Financial Status Reporting. i. Subrecipient is subject to the OMB guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400 and must follow the regulations found in 2 CFR 200.331 through 2 CFR 200.333. Page 116 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 14 ii. All subawards $30,000 or more must be reported at fsrs.gov in compliance with 2 CFR 170. See Attachment for full text. iii. All financial and programmatic records and supporting documents pertinent to this award must be kept for a period of three years from the date of submission of the final financial statement report including expenditures from this award, per federal regulations. These records may be subject to an audit by the federal donor agency, GreenLatinos and/or their representatives. All records are to be maintained for the additional duration necessary to complete an audit and/or resolve all questions concerning expenditures, unless approval has been provided from GreenLatinos to dispose of records. iv. If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until litigation, claims or audit findings involving the records has been resolved. v. Subrecipient is expected to take reasonable care that systems are in place to ensure funds expended under this award are used for the purposes described in the subaward and can be properly accounted for. b. Program Performance Reports. The subrecipient shall perform all actions identified and funded in application/modification narratives within the performance period identified in award and submit Programmatic Reporting as set forth in the Award Agreement. Page 117 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 15 7. INSURANCE. a. Insurance. Subrecipient shall maintain all the following insurance coverage during the period of this subaward: i. General Liability and Property Damage. With respect to all operations performed under this Agreement, Subrecipient shall carry general liability insurance having all major divisions of coverage including, but not limited to: Premises - Operations, Products and Completed Operations, Personal Injury Liability, Contractual Liability. The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Each Occurrence, $2,000,000 General Aggregate, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 Personal and Advertising Injury. ii. Automotive Liability. The Party shall carry automotive liability insurance covering all motor vehicles, including hired and non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than $500,000 combined single limit. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, limits of coverage shall not be less than $1,000,000 combined single limit. If the Party does not own or operate motor vehicles, they must apply for an Automotive Liability Waiver through GreenLatinos. Should the Party obtain or begin operating a vehicle they must obtain liability insurance meeting the requirements above. iii. Workers Compensation. With respect to all operations performed, the Party shall carry workers’ compensation insurance in accordance with the laws of the state in which the Subrecipient is performing work under this subaward. Subrecipient must provide written Proof of Insurance to GreenLatinos Page 118 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 16 within 30 days of the effective date of this Agreement and annually as requested. If Subrecipient is self- insured, the Subrecipient must provide written documentation verifying self-insured status. Proper documentation will override stated insurance requirements. 8. INDEMNIFICATION. Subrecipient shall defend and hold GreenLatinos, its employees, officers, directors, agents and representatives harmless from any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which they may suffer arising from any act or omission or neglect of Subrecipient, its employees, officers, directors, agents or representatives, or anyone else for whose acts Subrecipient may be responsible, in the performance of Subrecipient’s obligations under this Agreement. This provision shall survive the expiration or termination of this Agreement for any or no reason. 9. COMMUNICATIONS AND USE OF INTELLECTUAL PROPERTY. a. Use of GreenLatinos and Forest Service Insignias. Grantor must submit and receive approval in writing from an individual authorized by the GreenLatinos and Forest Service to consent on their behalf on all requests to use the Forest Service and GreenLatinos insignias on any published media, such as a webpage, printed publication, or audiovisual production. b. GreenLatinos and Forest Service Acknowledged in Publications, Audiovisuals, and Electronic Media. Subrecipient shall acknowledge GreenLatinos and Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this award, following direction in USDA Supplemental 2 CFR 415.2. Public announcements of the Award may be made by the Subrecipient, GreenLatinos, and the Forest Service. Any related press release, media alert, website posting, or other Page 119 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 17 publication about the Program or the Award made by Subrecipient must acknowledge the Forest Service and GreenLatinos support. All public announcements must be submitted to GreenLatinos for approval at least two weeks prior to publication. c. Use of Subrecipient Insignia. Subrecipient hereby authorizes GreenLatinos to include its insignia in mutually agreed-upon advertising copy, solely in connection with this Agreement, subject to prior review and approval of such use by Subrecipient which shall not be unreasonably withheld. d. Copyright and Ownership. No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Subrecipient. Ownership of all designs, reports, drawings, studies, estimates, models, computations, and other related items (“Work Product”) prepared under this Agreement shall vest in GreenLatinos upon payment to the Subrecipient for all Services and Deliverables rendered herein through the date of the expiration or termination of this Agreement. Subrecipient hereby assigns to GreenLatinos all right, title and interest in any Work Product. 10. TERMINATION. a. By GreenLatinos. This subaward may be terminated, in whole or in part pursuant to 2 CFR 200.340. GreenLatinos may, by giving written notice to Subrecipient, terminate this Agreement without penalty in whole or in part for cause, which shall include, without limitation: (i) failure for any reason of Subrecipient to fulfill timely and properly any of its obligations under this Agreement, including failure to comply with any provision of this Agreement; (ii) Subrecipient’s default, breach or any intervening Page 120 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 18 casualty which poses an immediate threat to life, health or safety; (iii) Subrecipient’s breach of its representations, warranties and certifications contained in this Agreement; (iv) the suspension or debarment or determination that Subrecipient or any of its principals are ineligible to participate in federal assistance awards or contracts; (v) Subrecipient’s failure to maintain the insurance coverage in the form and/or amounts required by GreenLatinos pursuant to this Agreement; (vi) the submission by Subrecipient to the Forest Service or GreenLatinos of reports that are incorrect or incomplete in any material respect; (vii) ineffective or improper use by Subrecipient of funds received under this Agreement; (viii) suspension, termination, in whole or in part of, or absence or reduction of appropriations for, grants or reimbursements to GreenLatinos; (ix) the necessity for termination and/or amendment of this Agreement so as to make any terms of this Agreement consistent with federal, state or local laws; (x) fraudulent activities on the part of Subrecipient; and (xi) the filing of bankruptcy, receivership or dissolution by or with respect to Subrecipient. GreenLatinos may also terminate this Agreement in whole or in part without cause upon 30 days’ written notice to Subrecipient. b. By Subrecipient. If Subrecipient is unable or unwilling to comply with any additional conditions or requirements which may arise as a result of changes in or additions to any federal, state or local laws after the commencement of the Agreement Term, including without limitation those applied by the Forest Service in their grants and reimbursements to GreenLatinos, and which thereby become applicable to Subrecipient during the Agreement Term, Subrecipient shall terminate this Agreement by giving written notice to GreenLatinos. The effective date of Page 121 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 19 such notice of termination shall be no earlier than 30 days from the date of the notice. c. Liability for Default. Whether or not this Agreement is terminated, Subrecipient shall be liable to GreenLatinos for damages sustained by GreenLatinos by virtue of any breach of this Agreement by Subrecipient and GreenLatinos shall be liable to Subrecipient for any direct damages sustained by Subrecipient by virtue of any breach of this Agreement by GreenLatinos. This shall include, without limitation, liability of Subrecipient for the disallowance by the Forest Service of the reimbursement of charges submitted by GreenLatinos for services provided by Subrecipient under this Agreement where the disallowance is in any way attributable to Subrecipient, including the provision or maintenance by Subrecipient of inadequate or erroneous records or billing documentation of services provided. If any such reimbursement of charges is disallowed as a result of an audit by the Forest Service of Subrecipient or GreenLatinos, the amount disallowed must be paid by Subrecipient to GreenLatinos from funds other than those provided by GreenLatinos under this Agreement. Under no circumstances will GreenLatinos be liable to Subrecipient for any indirect damages. 11. GENERAL PROVISIONS. a. Governing Law. This Agreement shall be governed by the laws of the District of Columbia without giving effect to the conflicts of laws provisions thereof. b. Integration. This Agreement supersedes all oral agreements, negotiations and representations between the parties pertaining to the subject matter of this Agreement. c. Severability. In the event that any portion of this Agreement is held to be unenforceable, such portions shall not limit or otherwise modify or affect any other portion of this Agreement. Page 122 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 20 d. Waiver of Breach. The waiver by either party of any breach of any provision of this Agreement shall not be deemed a waiver of any subsequent breach by the other party of the same or of different provisions. e. Binding Effect; Assignment. Except as otherwise provided in this Agreement, every covenant, term, and provision of this Agreement shall be binding upon and inure to the benefit of the parties and their respective and permitted successors, transferees and assigns. Subrecipient shall not assign, subcontract or transfer any of its rights, responsibilities or obligations under this Agreement without GreenLatinos’s prior written consent, which GreenLatinos may withhold in its sole discretion. Any attempted assignment, subcontract, or transfer of this Agreement in violation of this Section shall be void. Should Subrecipient assign, subcontract or transfer any of its rights, responsibilities or obligations hereunder with such consent from GreenLatinos, Subrecipient and the party to which it proposes to assign or subcontract its responsibilities or services hereunder must enter into a written agreement that is consistent with this Agreement and the various requirements specified hereunder and that is approved by GreenLatinos prior to its execution. f. Notices. Notices given by GreenLatinos or Subrecipient will be sufficient only if in writing and mailed or transmitted electronically by e-mail or through the reporting system directly, to the points of contact and addresses specified in Exhibit A: Scope of Services. Notices will be effective when delivered, or on the effective date of the notice, whichever is later. g. Modifications. Subrecipient may request scope of work or budget modifications in alignment with their original scope of work, any changes will be made by mutual consent and requested according to Notices above. Modifications must be approved prior to the date when these modifications will Page 123 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 21 be implemented. GreenLatinos reserves the right to deny modifications, which compromise the original scope of work or were not approved prior to commencement. GreenLatinos also reserves the right to deny payment for modifications that were not previously approved. h. Subawardee. Subrecipient will act as a subawardee in the performance of the Services under this Agreement. Accordingly, Subrecipient shall be responsible for the terms described in 2 CFR 200. i. Disputes. In the event of any issue of controversy under this Agreement, the Parties may pursue Alternate Dispute Resolution (ADR) procedures to voluntarily resolve those issues provided that GreenLatinos shall have the right to, and be permitted to, seek and obtain injunctive relief from a court of competent jurisdiction. If GreenLatinos and Subrecipient agree to arbitrate any controversy or claim arising out of this Agreement; any such arbitration shall be fully and finally resolved in binding arbitration in a proceeding brought in accordance with the Commercial Arbitration Rules of the American Arbitration Association before a single arbitrator. The arbitration proceedings shall be confidential. The arbitrator shall not have the authority to modify or change any of the terms of this Agreement. The arbitrator’s award shall be final and binding upon GreenLatinos and Subrecipient, and judgment upon the award may be entered in any court of competent jurisdiction in any state of the United States or country or application may be made to such court for a judicial acceptance of the award and an enforcement as the law of such jurisdiction may require or allow. The arbitrator may require the losing party thereto, as determined by Page 124 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 22 the arbitrator, to bear the costs and fees incurred in any such arbitration. This Subaward Agreement shall become effective upon the signatures of authorized representatives of both Parties. An electronic copy shall be deemed an original signature. Signature Date Mark Magaña, Executive Director GreenLatinos Signature Date Sam Olusina Oludunfe, City Forester City of Chula Vista Page 125 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 23 APPENDIX Exhibit A: Scope of Services Exhibit B: Program Budget Exhibit C: Additional Terms and Conditions Exhibit D: Notice of Prime Award Exhibit E: Subaward Data Exhibit F: Whistleblower Notice Exhibit G: 2 CFR Part 170 Exhibit H: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Page 126 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 24 EXHIBIT A SCOPE OF Work GreenLatinos USDA IRA Urban & Community Forestry Program Attachment A: Scope of Work for the City of Chula Vista Urban Forest Tree Inventory and Urban Forest Management Plan I. Project Participants & Primary Points of Contact a. Community Lead: City of Chula Vista b. Mailing Address: 276 Fourth Ave., Chula Vista, CA 91910 c. Project Director (City/Organization Point of Contact): Sam Olusina Oludunfe, City Forester & Open Space Manager, SOludunfe@chulavistaca.gov d. Program Manager/Assistant: Sam Olusina Oludunfe, City Forester & Open Space Manager, SOludunfe@chulavistaca.gov e. Finance Point of Contact: Maria Nguyen, Senior Management Analyst, TNguyen@chulavistaca.gov f. Cross Departmental Participants: Laura Johnson, Senior Management Analyst, Finance Department, LLJohnson@chulavistaca.gov g. External Partners: II. Project Background a. Project Title: Chula Vista Urban Forest Tree Inventory and Forest Management Plan b. Project Description: The City of Chula Vista aims to advance the conduct of a comprehensive tree inventory system and the development of an all-inclusive forest management plan. Improving the City’s tree inventory will assist in the efficient planning, Page 127 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 25 assessment, enhancement, and management of its urban forest. A thorough inventory will optimize outreach and provide vital services to sustain a healthy, equitable, and resilient urban forest, while mitigating the risks associated with tree failure and wildland-urban interface fires. Chula Vista faces significant heat-related challenges, given its climate, older housing stock, and geographical location. Trees serve as natural air conditioners, providing shade and lowering ambient temperatures. By identifying areas in need of urban forests through the inventory and the development of the management plan, staff can plan to strategically plant trees in key areas and the city can mitigate the urban heat island effect, reducing heat-related health risks for its residents, particularly vulnerable populations such as the elderly, children, and unhoused individuals. Considering the City’s Climate Equity Index, tree planting and inventory initiatives align with the goal of promoting environmental justice and equitable access to green spaces. By prioritizing underserved neighborhoods and communities with lower tree canopy coverage, the city can address disparities in environmental quality and enhance livability for all residents. And this work cannot be done without the tree inventory and Urban Forest Management Plan. Input from the underserved neighborhoods and communities will be sought via the City’s newsletters during the processes of tree inventory and urban forest management plan development. The City aims to conduct Community/Town Hall meetings to engage the historically disadvantaged communities to provide input into the City’s urban forest management plan. Other outreach programs may include school presentations, press/radio interviews, and/or written articles. While the City is not requesting reimbursement of conducting these meetings or planned outreach programs, we are requesting the funds via the grant Page 128 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 26 to support the inventory and urban forest management plan, which will benefit these communities. c. Total Funding: $500,000 d. Period of Performance: [ ] – 11/30/2027 e. Priority Census Tracts (Disadvantaged Communities) Served: Please see attached Listing of Census Tracts & Block Groups. III. Project Scope: Deliverables, Timeline, Reporting and Payment Schedule Project reports, due dates, and reimbursements are scheduled below. GreenLatinos will make quarterly reimbursements over the course of this project, in accordance with satisfactory progress reports. Schedule of Quarterly Financial Reimbursement Report Quarterly financial reimbursement reports will be due as follows: Performance Period Due Date to GreenLatinos Q1: 1/1 – 3/31 4/10 Q2: 4/1 – 6/30 7/10 Q3: 7/1 – 9/30 10/10 Q4: 10/1 – 12/31 1/10 Schedule of Semi-Annual Program Reports Semi-Annual program reports will be due as follows: Performance Period Due Date to GreenLatinos Semi-Annual Report 1: 5/1 – 10/31 11/10 Semi-Annual Report 2: 11/1 – 4/30 5/10 Page 129 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 27 IV. Signatures This Scope of Work shall become effective upon the signatures of authorized representatives of both Parties. An electronic copy shall be deemed an original signature. Signature Date Mark Magaña, Executive Director GreenLatinos Signature Date Sam Olusina Oludunfe, City Forester City of Chula Vista Page 130 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 28 Exhibit A STATEMENT OF WORK (SOW) APPENDIX Please download the budget and budget narrative that you completed, or, entered directly into Salesforce, and attach these documents, along with a detailed project narrative, to this signed Scope of Work. Please sign and submit all these documents to GreenLatinos as a full package. A complete Scope of Work package must include the following: 1. Completed and signed Scope of Work (this document) 2. Detailed Project Narrative 3. Budget (Excel form or downloaded from Salesforce) 4. Budget Narrative (Microsoft Word document or downloaded from Salesforce) The final, approved Scope of Work package will then be attached to the Grant Agreement and submitted to you for signature. Page 131 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Chula Vista Urban Forest Tree Inventory and Forest Management Plan Project Narrative The City of Chula Vista aims to advance the development of a comprehensive tree inventory system and a forest management plan. Currently, only 39,000 of the estimated 86,000 trees in the public urban forest have been inventoried. Improving the city’s tree inventory will assist in the efficient planning, assessment, and management of its urban forest. This project is centered on implementing strategies that maximize the environmental benefits from trees. A thorough inventory will optimize outreach and provide vital services to sustain a healthy, equitable, and resilient urban forest, while mitigating the risks associated with tree failure and wildland-urban interface fire. The City of Chula Vista has 20 census tracts in the western portions of the City that are designated as disadvantaged according to the Climate and Economic Justice Screening Tool. Additionally, the City has worked with community stakeholders to create the Chula Vista Climate Equity Index that featured tree cover as an indicator that was not evaluated in CalEnviroScreen. The tree cover layer shows that some parts of the City have up to twice as much tree cover as other areas. Chula Vista faces significant heat-related challenges, given its climate, older housing stock, and geographical location. Trees serve as natural air conditioners, providing shade and lowering ambient temperatures. By identifying areas in need of urban forests through the inventory and the development of the management plan, staff can plan to strategically plant trees in key areas and the city can mitigate the urban heat island effect, reducing heat-related health risks for its residents, particularly vulnerable populations such as the elderly, children, and unhoused individuals. Considering the City’s Climate Equity Index, tree planting and inventory initiatives align with the goal of promoting environmental justice and equitable access to green spaces. By prioritizing underserved neighborhoods and communities with lower tree canopy coverage, the city can address disparities in environmental quality and enhance livability for all residents. And this work cannot be done without the tree inventory and Urban Forest Management Plan. Input from the underserved neighborhoods and communities will be sought via the City’s newsletters during the processes of tree inventory and urban forest management plan development. The City aims to conduct Community/Town Hall meetings to engage the historically disadvantaged communities to provide input into the City’s urban forest management plan. Other outreach programs may include school presentations, press/radio interviews, and/or written articles. While the City is not requesting reimbursement of conducting these meetings or planned outreach programs, we are requesting the funds via the grant to support the inventory and urban forest management plan, which will benefit these communities. It is important to have comprehensive and up‐to‐date inventory data for a proactive approach to urban forest tree maintenance so that the City can assess and mitigate risks from pests, disease, and climate change impacts, as well as to prepare for severe storms. The goals of this project align with the USDA Forest Service Urban and Community Forestry Inflation Reduction Act funding opportunity in the above listed objectives. The City of Chula Vista intends to contract a professional tree care company to complete the inventory of its public trees, provide a comprehensive written analysis, and report its inventory using the output from i‐Tree Streets software (or a similar software). The inventory will be Page 132 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda collected according to the California Department of Forestry and Fire Protection’s (CAL FIRE) data collection criteria and will be delivered in a format compatible with the City’s geographic information system (GIS). It will include mapping the GIS location and land use for each tree, an estimation of the value of each tree, and the identification of existing hazards, including signs of pests, disease, and tree failure and existing or potential tree versus utility conflicts. Administration of the project and coordination of the inventory collection will be the responsibility of the City Forester. Additional support will be provided by City staff in the Public Works Department, and the Information Technology Services (ITS) Department. The inventory and resource analysis will provide the baseline information necessary for the long‐term management critical to ensuring the sustainability of this vital community resource. Additionally, this information will provide valuable justification for support and funding of the City’s urban forest program. The City Forester, along with the City’s ITS Department, will investigate available tree management software programs to identify and purchase a product that provides for the comprehensive, long‐term management of the tree inventory and compatibility with current GIS infrastructure. The City will work closely with regional utility providers to include and coordinate with their current inventory management systems for utility corridors and to reduce conflicts between trees and public utilities. The City, along with the contractor, will use the data collected and the Climate Equity Index to develop an Urban Forest Management Plan. This plan will be used to identify challenges and opportunities for the City of Chula Vista and its urban forest. It will also recommend best management practices including high impact equity tree planting opportunities and steps to reduce tree coverage disparity in Chula Vista. The aim of the Urban Forest Management Plan is to promote the sustainability of the tree canopy in the City in a way that maximizes their environmental benefits and ecosystem services potentials, while maintaining the City’s established safety and economic goals. The City’s Urban Forest Management Plan intends to replace the current City Tree Maintenance and Replacement policies while establishing new guidelines and procedures needed to provide for the care and protection of trees to promote the health, safety, welfare, and quality of life for all residents, business owners, and visitors. This management plan will allow the City to implement best management practices as reflected by professional tree care industry standards for the planting, maintenance (including pruning), protection, preservation, removal, and replacement of trees within City boundaries, as well as to enforce the provisions of the City’s Municipal Code. By ensuring the preservation and protection of the urban forest through regulations and compliance with standards of care, our natural resources will continue to enhance the landscape, streets, and parks while helping to improve the community. All parts of this future management plan will be in alignment with City goals outlined in the City’s Conservation and Environmental Justice Elements within the General Plan, City Tree Ordinance, and the goals outlined in the Climate Action Plan and the Zero Waste Plan. Development and implementation of this Urban Forest Management Plan will ensure that the City’s urban forest is being utilized to meet citywide standards. Among other aspects, three key considerations will be included in the management plan. Page 133 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda ● Tree removal directives will specify that public trees are considered an important asset of the City. As such, it is the policy of the City to preserve trees whenever possible. There are certain conditions in which a tree must be removed, such as when it is considered a potential hazard to the public and City infrastructure. ● Tree replacement directives will state that trees that are removed should be repurposed for their highest use. This includes, but is not limited to, being milled into lumber, left in public spaces as natural architecture including wildlife habitat, or crafted into usable products such as benches, picnic tables, new construction elements, or other woodcraft/projects. ● Salvaged Urban Wood Use directives will stipulate that any new project that requires the use of salvaged urban wood in public construction projects shall meet minimum architectural standards and will require that any new or modified construction development within the city limits should include an urban wood architectural element. And any salvaged urban wood utilization must be approved by the planning department of the City of Chula Vista, if applicable. Project Timeline: Fall 2024 – Fall 2025 Tree inventory, City District 1 Winter 2024 – Spring 2027 Urban Forest Management Plan development Fall 2025 – Spring 2026 Tree inventory, City District 2 Winter 2025 – Summer 2026 Tree inventory, City District 3 Fall 2026 – Spring 2027 Tree inventory, City District 4 Spring 2027 City-wide tree inventory review, Urban Forest Management Plan completion and review Summer 2027 Urban Forest Management Plan review and publication Page 134 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Census Tract ID Identified as DAC in CEJST? 06073012302 Yes 06073012303 Yes 06073012401 Yes 06073012402 Yes 06073012501 Yes 06073012502 Yes 06073012600 Yes 06073012700 Yes 06073012800 Yes 06073013000 Yes 06073013102 Yes 06073013103 Yes 06073013104 Yes 06073013203 Yes 06073013204 Yes 06073013205 Yes 06073013206 Yes 06073013306 Yes 06073013307 Yes 06073013308 Yes Chula Vista, CA Census Tracts Served with IRA UCF Funding* *Note: May be subject to modification to include more disadvantaged communities based on outreach & engagement efforts Page 135 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 29 EXHIBIT B PROGRAM BUDGET Page 136 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Unique Entity Identifier:KVBYLRZMAGJ9 Example. GL #192394 Organization Name:City of Chula Vista, CA Example. City of Trees, CA On this summary worksheet, please fill in ONLY your unique entity identifier, and your organization name, then, proceed to worksheets A. through F. 2 CFR 200:Link Here Year 1 (8/24-6/30/25)Year 2 (7/1/25-6/30/26)Year 3 (7/1/26-6/30/27)Year 4 (7/1/27-11/30/27) Category Federal Federal Federal Federal A. Personnel $0 $0 $0 $0 B. Fringe $0 $0 $0 $0 C. Travel $0 $0 $0 $0 E. Supplies $0 $0 $0 $0 F. Contractual $150,000 $150,000 $150,000 $50,000 H. Other Direct Costs $0 $0 $0 $0 Total Direct Charges $150,000 $150,000 $150,000 $50,000 Total Project Costs $150,000 $150,000 $150,000 $50,000 $500,000 Urban & Community Forestry Program Budget Summary Urban & Community Forestry Program Operations: Urban & Community Forestry Program Budget Summary USDA Grant Period of Performance: 2024 - 2027 Please also reference GreenLatinos' USDA Urban & Community Forestry Grant Budget Guidance. Subtotal Federal $0 $0 $0 $0 $500,000 $0 $500,000 Page 137 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Salary Effort Total Salary Effort Total Salary Effort Total Salary Effort Total Example. Executive Director Signatory, will supervise Ana Ramirez $125,000 5%$6,250 $125,000 5%$6,250 $125,000 5%$6,250 $52,083 5%$2,604 Example. Program Director (1 Manage program Justin Gomes $100,000 100%$100,000 $103,000 100%$103,000 $106,090 100%$106,090 $45,530 100%$45,530 $0 $0 0%$0 $0 0%$0 $0 $0 $0 $0 0%$0 $0 0%$0 $0 $0 $0 $0 $0 $0 All Years:$0 Cost of Living Adjustment Example. Cost of Living Adjustm 3.00% Justification Example. Our collective bargaining agreement ensures a 3.00% COLA for all salaried staff through 2030. Year 3 (7/1/26-6/30/27)Year 4 (7/1/27-11/30/27) A. Personnel Please use this worksheet to articulate staff effort and related costs, to be charged to GreenLatinos' USDA Urban & Community Forestry grant award to your municipality or organization. Only include salaried staff and their respective efforts; contract positions are to be detailed in worksheet E. Contractual, and organizational expenses on employee benefits are to be detailed in worksheet B. Fringe. Please also include a percentage used to calculate annual cost of living adjustments for salaried staff. If the cost of living adjustment included is higher than the U.S. long term average of 3.28%, please include a justification below. ONLY fill light green cells, the rest will autopopulate. Position Role Name Year 1 (8/24-6/30/25)Year 2 (7/1/25-6/30/26)Subtotal $21,354 $354,620 $0 $0 Federal Request Year 1 Total:Year 2 Total:Year 3 Total:Year 3 Total: Page 138 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Position Name Year 1 (8/24- 6/30/25) Year 2 (7/1/25- 6/30/26) Year 3 (7/1/26- 6/30/27) Year 4 (7/1/27- 11/30/27)Subtotal Example. Program Director (1 FTE)Ana Ramirez $9,000.00 $9,270.00 $9,548.10 $4,097.73 $31,915.83 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0 $0 $0 Fringe Category Rate Example. FICA/Medicare 7.00% Example. State unemployment 2.00% Example. Total 9.00% FICA/Medicare State unemployment Retirement contribution Health insurance Workers compensation Total 0.00% B. Fringe Please use this worksheet to articulate your municipality or organization's fringe rate. Only include percentages of salary for designated benefits. You are welcome to add or delete benefit categories as needed (e.g. FICA/Medicare, State Unemployment, Retirement Contirbution, Health Insurance, Worker's Compensation, etc.), but do make sure the total rate is representative of the sum of all categories when complete. ONLY fill light green cells, the rest will autopopulate. Federal Request Page 139 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda IRS Guidance: Link Here GSA Guidance: Link Here Item Justification & Basis Year 1 (8/24- 6/30/25) Year 2 (7/1/25- 6/30/26) Year 3 (7/1/26- 6/30/27) Year 4 (7/1/27- 11/30/27)Subtotal Example. Flights for 10 staff to annual convenings $500/flight/staff, per travel agency quote (attached). Assumed 3% inflation $5,000.00 $5,150.00 $5,304.50 $5,463.64 $20,918.14 $0.00 $0.00 Federal Request $0.00 $0.00 $0.00 $0.00 $0.00 C. Travel Please use this worksheet to articulate your municipality or organization's intended project-related travel. Examples of project travel include site visits, community engagement events, etc. Examples of basis for estimating costs are past trips, travel quotes, etc. Only travel that is directly associated with this award should be included. Beginning on Jan. 1, 2024, the standard mileage reimbursement rate for privately owned vehicles driven for business use will be 67 cents per mile. Please see IRS and GSA guidance (right) for more information. ONLY fill light green cells, the rest will autopopulate. Page 140 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Item Justification & Basis Year 1 (8/24- 6/30/25) Year 2 (7/1/25- 6/30/26) Year 3 (7/1/26- 6/30/27) Year 4 (7/1/27- 11/30/27)Subtotal Example. 10 wireless walkie-talkies for community volunteer leads to maintain safety and communication across large project plot, during surveying and tree planting Catalog price $500.00 $0.00 $0.00 $0.00 $500.00 $0.00 $0.00 Federal Request $0.00 $0.00 $0.00 $0.00 $0.00 D. Supplies For the purposes of this award, supplies are generally defined as items with an acquisition cost less than $5,000 and a useful life expectancy of less than one year. Supplies are generally consumed during the project's period of performance. Unit cost of supplies should be less than $5,000. If supply items and costs are ambiguous, contact your GreenLatinos or USDA representative for more detail, or review guidance in 2 CFR 200. ONLY fill light green cells, the rest will autopopulate. Page 141 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda To be determined via formal Request for Proposals - contractor to provide tree inventory and forest management plan. Costs are estimated at about 86,003 trees at $10 per tree. City to supplement grant for costs over total grant award of $500K. $150,000.00 $150,000.00 $150,000.00 $50,000.00 $500,000.00 Federal Request $150,000.00 $150,000.00 $150,000.00 $50,000.00 $500,000.00 Year 4 (7/1/27- 11/30/27)Subtotal E. Contractual Please use this worksheet to articulate your municipality or organization's intended project-related contracts, what they are intended to do, and the basis for detailed costs. Examples of basis for estimating costs are past contract expenditures, contractor quotes, etc. Please list all contractors supplying commercial supplies or services used to support your project. For each Contractor with total project costs of $250,000, a quote must be provided. Lobbying, advertising, fundraising, and investment management fees are not allowable contract expenditures. ONLY fill light green cells, the rest will autopopulate. Item Justification Year 1 (8/24- 6/30/25) Year 2 (7/1/25- 6/30/26) Year 3 (7/1/26- 6/30/27) Page 142 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Item Justification Year 1 (8/24- 6/30/25) Year 2 (7/1/25- 6/30/26) Year 3 (7/1/26- 6/30/27) Year 4 (7/1/27- 11/30/27)Subtotal Example. Stipends for residents attending community meetings, central to GreenCollective's participatory governance strategy Estimate based on $50/hr*2.5hr/month*12 months*15 residents each year $22,500.00 $22,500.00 $22,500.00 $9,375.00 $76,875.00 $0.00 $0.00 Federal Request $0.00 $0.00 $0.00 $0.00 $0.00 F. Other Direct Costs Please use this worksheet to articulate any other direct costs anticipated to be incurred by your municipality or organization's intended project, and their basis. Other direct costs are expenses that are directly related to a project but do not fit into the other major cost categories. Examples may include use of office space and meeting or conference facilities; participant support costs and participation stipends; insurance and indemnification, subawards, etc. ONLY fill light green cells, the rest will autopopulate. Page 143 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Budget Narrative City of Chula Vista Urban Forest Tree Inventory and Urban Forest Management Plan The City of Chula Vita has been awarded $500,000 through the USDA Forest Service Urban and Community Forestry Inflation Reduction Act. These funds as well as funds provided by the City of Chula Vista, will be used for the Chula Vista Urban Forest Tree Inventory and Forest Management Plan project. The amount awarded of $500,000 is to contract with a professional tree care company to take an inventory of the City of Chula Vista’s public trees, provide a comprehensive analysis and report of that inventory, and write a complete, practical urban forest management plan. The contracted professional tree care company will be engaged via a Request for Proposal (RFP) and will also provide the City with a Community and Urban Forest Management Plan. This plan will report on the current state of the urban forest, storm preparedness and response planning, recommendations for addressing conflicts, and recommend best management practices for the City’s urban forest. The tree inventory software license to track tree inventory data and tree maintenance is estimated to be provided by a contract through the tree care company performing the tree inventory. While the match is no longer required, due to the estimated tree inventory, the City anticipates having to supplement the award with its own contribution in order to complete the project. The City will also spend a considerable amount of staff time across all departments to provide a completed project. Personnel will be needed for project administration, quality control/assurance, and GIS support. Tasks will include Request for Proposal (RFP) development and contractor selection, and GIS support to ensure data compatibility with current GIS software. Additional support inventory data gathering will also be completed by other Public Works staff such as the Tree Trimmer Supervisor, Parks Manager, and Open Space Inspectors who manage the tree inventory throughout the City. The City will not seek reimbursement from the grant for this staff time. Page 144 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Using the information from the inventory, resource analysis, and Urban Forest Management Plan, the City will develop, at its own expense, multi-media Public Service Announcements (PSAs) to promote public outreach and education. These may include television, radio, print, and/or an interactive webpage and social media. All media to promote participation in activities resulting from this grant will acknowledge funding from USDA Forest Service Urban & Community Forestry Inflation Reduction Act grant program. Using this media along with other information generated by the project, the City will conduct public outreach to communicate the value and benefits of Chula Vista’s public urban forest. This outreach may include community/Town Hall meetings, school presentations, press/radio interviews, and/or written articles. Supplies for Outreach materials are anticipated to be part of the City’s contribution as the grant will not fully fund the inventory and urban forest management plan The following table is a summary of anticipated expenses (this table does not include the cost of anticipated staff time on the project, software, outreach materials and PSAs, all of which will be covered by the City of Chula Vista). Page 145 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 30 EXHIBIT C ADDITIONAL TERMS AND CONDITIONS 1. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. Subrecipient shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any federal funding: In accordance with federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.) Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible state or local Agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; (2) Fax: (833) 256-1665 or (202) 690-7442; or (3) Email: Page 146 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 31 program.intake@usda.gov. If the material is too small to permit the full Non-Discrimination Statement to be included, the material will, at a minimum, include the alternative statement: “This institution is an equal opportunity provider.” 2. TRAFFICKING IN PERSONS. a. Provisions applicable to a Recipient that is a private entity: i. Subrecipient and its employees, may not: 1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2) Procure a commercial sex act during the period of time that the award is in effect; or 3) Use forced labor in the performance of the award or subawards under the award. ii. This award may be unilaterally terminated, without penalty, if a Subrecipient that is a private entity: 1) Is determined to have violated a prohibition in paragraph a.1 of this award term; or 2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either: (a) Associated with performance under this award; or (b) Imputed to you or the Subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement).” Page 147 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 32 b. Provision applicable to a Recipient other than a private entity: This award may be unilaterally terminated, without penalty, if a Subrecipient that is a private entity: i. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either: 1) Associated with performance under this award; or 2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided 2 CFR part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement).” c. Provisions applicable to any Subrecipient: i. You must inform GreenLatinos and the Forest Service immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. ii. The right to terminate unilaterally that is described in paragraph a.2 or b of this section: 1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 USC § 7104(g)), and 2) Is in addition to all other remedies for noncompliance available under this award. d. Definitions. For purposes of this award term: i. “Employee” means either: 1) An individual employed by Subrecipient who is engaged in the performance of the project or program under this award, or Page 148 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 33 2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. ii. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. iii. ”Private entity” 1) Means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. 2) Includes: (a) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). (b) A for-profit organization. iv. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 USC § 7102). 3. PROHIBITION AGAINST USING FUNDS WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS. a. Subrecipient may not require its employees, contractors, or Subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or Page 149 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 34 statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. b. Subrecipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph 1 of this award provision are no longer in effect. c. The prohibition in paragraph 1 of this award provision does not contravene requirements applicable to any other form issued by a federal department or agency governing the nondisclosure of classified information. d. If GreenLatinos or the Government determines that the Subrecipient is not in compliance with this award provision, it; i. Will prohibit the Subrecipient’s use of funds under this award in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and ii. May pursue other remedies available for the Subrecipient’s material failure to comply with award terms and conditions. 4. ELIGIBLE WORKERS. Subrecipient shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC § 1324(a)). Subrecipient shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract or supplemental instruments awarded under this award. 5. FREEDOM OF INFORMATION ACT. Public access to award or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 USC Page 150 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 35 § 552). Requests for research data are subject to 2 CFR 315(e). Public access to culturally sensitive data and information of Federally- recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B § 8106 (2009 Farm Bill). 6. PATRIOT ACT. Subrecipient agrees to comply with all applicable requirements of the USA Patriot Act and Executive Order 13224, and all subsequently enacted legislation, executive orders, or regulations, designed to prevent any Award funds from being used in support of terrorism or a terrorist organization. 7. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM. As a recipient of USDA financial assistance, grantees (including Subrecipient) will comply with the following: a. Do not discriminate against applicants for sub-grants on the basis of their religious character. b. Code of Federal Regulations (CFR) part 16.3(a), Rights of Religious Organizations. c. Statutory and national policy requirements, including those prohibiting discrimination and those described in Executive Order 13798 promoting free speech and religious freedom, 2 CFR 200.300. 8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. Cooperators (including Subrecipient) are responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information. In accordance with 2 CFR 200.216, grantees (including Subrecipient) are prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to: a. Procure or obtain, extend or renew a contract to procure or obtain; Page 151 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 36 b. Enter into a contract (or extend or renew a contract) to procure; or c. Obtain the equipment, services or systems. 9. DRUG FREE WORKPLACE A. Subawardee agree(s) that it will publish a drug-free workplace statement and provide a copy to each employee who will be engaged in the performance of any project/program that receives federal funding. The statement must: a. Tell the employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace; b. Specify the actions subawardee will take against employees for violating that prohibition; and c. Let each employee know that, as a condition of employment under any award, the employee: i. Shall abide by the terms of the statement, and ii. Shall notify subawardee in writing if they are convicted for a violation of a criminal drug statute occurring in the workplace, and shall do so no more than 5 calendar days after the conviction. B. Subawardee agree(s) that it will establish an ongoing drug- free awareness program to inform employees about a. The dangers of drug abuse in the workplace; b. The established policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation and employee assistance programs; and d. The penalties that you may impose upon them for drug abuse violations occurring in the workplace. C. Without the GreenLatinos Case Manager’s expressed written approval, the policy statement and program must be in place as soon as possible, no later than the 30 days Page 152 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 37 after the effective date of this instrument, or the completion date of this subaward, whichever occurs first. D. Subawardee agrees to immediately notify the GreenLatinos Case Manager if an employee is convicted of a drug violation in the workplace. The notification must be in writing, identify the employee’s position title, the award number of each award on which the employee worked. The notification must be sent to the Case Manager within 10 calendar days after subawardee learns of the conviction. E. Within 30 calendar days of learning about an employee’s conviction, GreenLatinos must either a. Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 USC 794), as amended, or b. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency. 10. TEXT MESSAGING WHILE DRIVING In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All Cooperators, their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. Page 153 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 38 EXHIBIT D NOTICE OF PRIME AWARD Page 154 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 39 Page 155 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 40 Page 156 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 41 Page 157 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 42 Page 158 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 43 Page 159 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 44 Page 160 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 45 Page 161 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 46 Page 162 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 47 Page 163 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 48 Page 164 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 49 Page 165 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 50 Page 166 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 51 Page 167 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 52 Page 168 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 53 Page 169 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 54 Page 170 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 55 Page 171 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 56 Page 172 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 57 EXHIBIT E SUBAWARD DATA (i) Subrecipient Name City of Chula Vista (ii) Subrecipient Unique Entity Identifier: KVBYLRZMAGJ9 (iii) Federal Award Identification Number (FAIN): 24-CA-11132544-013 (iv) Federal Award Date of Award to the Recipient by the Federal Agency: 10/12/2023 (v) Subaward Period of Performance Start Date: [ ] (vi) Subaward Period of Performance End Date: 11/30/2027 (vii) Amount of Federal Funds Obligated by this Action by the Pass-Through Entity to the Subrecipient: $500,000 (viii) Total Amount of Federal Funds Obligated to the Subrecipient by the Pass-Through Entity Including the Current Obligation: $500,000 (ix) Total Amount of the Federal Award Committed to the Subrecipient by the Pass-Through Entity: $500,000 (x) Federal Award Project Description: The City of Chula Vista aims to conduct a comprehensive tree inventory system and develop an all-inclusive forest management plan. Improving the City’s tree inventory will assist in the efficient planning, assessment, enhancement, and management of its urban forest. Page 173 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 58 EXHIBIT F WHISTLEBLOWER NOTICE Whistleblowers perform an important service to USDA and the public when they come forward with what they reasonably believe to be evidence of wrongdoing. They should never be subject to reprisal for doing so. Federal law protects federal employees as well as personal services contractors and employees of federal contractors, subcontractors, grantees, and subgrantees against reprisal for whistleblowing. USDA bears the responsibility to ensure that nothing in a non-disclosure agreement which a contractor, subcontractor, grantee, or subgrantee requires their employees to sign should be interpreted as limiting their ability to provide information to the Office of Inspector General (OIG). 41 USC section 4712 requires the head of each executive agency to ensure that its contractors inform their workers in writing of the rights and remedies under the statute. Accordingly, it is illegal for a personal services contractor or an employee of a federal contractor, subcontractor, grantee, or subgrantee to be discharged, demoted, or otherwise discriminated against for making a protected whistleblower disclosure. In this context, these categories of individuals are whistleblowers who disclose information that the individual reasonably believes is evidence of one of the following: ○ Gross mismanagement of a federal contract or grant; ○ A gross waste of federal funds; ○ An abuse of authority relating to a federal contract or grant; ○ A substantial and specific danger to public health or safety; or ○ A violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. To be protected under 41 USC section 4712, the disclosure must be made to one of the following: ○ A Member of Congress, or a representative of a committee of Congress; ○ The OIG; Page 174 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 59 ○ The Government Accountability Office (GAO); ○ A Federal employee responsible for contract or grant oversight or management at USDA; ○ An otherwise authorized official at USDA or other law enforcement agency; ○ A court or grand jury; or ○ A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct. Under 41 USC section4712, personal services contractors as well as employees of contractors, subcontractors, grantees, or subgrantees may file a complaint with OIG, who will investigate the matter unless they determine that the complaint is frivolous, fails to allege a violation of the prohibition against whistleblower reprisal, or has been addressed in another proceeding. OIG’s investigation is then presented to the head of executive agency who evaluates the facts of the investigation and can order the contractor, subcontractor, grantee, or subgrantee to take remedial action, such as reinstatement or back pay. Federal Acquisition Regulation (FAR) Subpart 3.903, Whistleblower Protections for Contractor Employees, Policy, prohibits government contractors from retaliating against a contract worker for making a protected disclosure related to the contract. FAR Subpart 3.909-1 prohibits the Government from using funds for a contract with an entity that requires its employees or subcontractors to sign internal confidentiality statements prohibiting or restricting disclosures of fraud, waste, or abuse to designated persons. This prohibition does not contravene agreements pertaining to classified information. The regulation also requires contracting officers to insert FAR clause 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights, in all solicitations and contracts that exceed the Simplified Acquisition Threshold as defined in FAR Subpart 3.908. This clause requires notification to contractor employees that they are subject to the whistleblower rights and remedies referenced in 41 USC section 4712. Page 175 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 60 In order to make a complaint alleging any of the violations mentioned above, one should complete the OIG Hotline form located at: https://www.usda.gov/oig/hotline. For additional information, they may also visit the WPC’s webpage at: https://www.usda.gov/ oig/wpc or they may directly contact the WPC at OIGWPC@oig.usda.gov. Page 176 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 61 EXHIBIT G 2 CFR PART 170 1. Reporting Subawards and Executive Compensation. a. Reporting of First-Tier Subawards. i. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in federal funds for a subaward to a non-federal entity or Federal agency (see definitions in paragraph e. of this award term). ii. Where and When to Report. 1) The non-federal entity or federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. 2) For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) iii. What to Report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives for Non-Federal Entities. i. Applicability and What to Report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if 1) The total federal funding authorized to date under this federal award equals or exceeds $30,000 as defined in 2 CFR 170.320; 2) in the preceding fiscal year, you received (a) 80% or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance Page 177 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 62 subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (b) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, 3) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 USC § 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/ execomp.htm.) ii. Where and When to Report. You must report executive total compensation described in paragraph b.1. of this award term: 1) As part of your registration profile at https://www.sam.gov. 2) By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. i. Applicability and What to Report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-federal entity Subrecipient under this award, you shall report the names and total compensation of each of the Subrecipient’s five most highly compensated executives for the Subrecipient’s preceding completed fiscal year, if 1) in the Subrecipient’s preceding fiscal year, the Subrecipient received (a) 80% or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance Page 178 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 63 subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (b) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and 2) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 USC § 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/ execomp.htm.) ii. Where and When to Report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: 1) To the recipient. 2) By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the Subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: Page 179 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 64 i. “Federal Agency” means a Federal agency as defined at 5 USC section 551(1) and further clarified by 5 USC section 552(f). ii. “Non-Federal Entity” means all of the following, as defined in 2 CFR part 25: 1) A governmental organization, which is a state, local government, or Indian tribe; 2) A foreign public entity; 3) A domestic or foreign nonprofit organization; and, 4) A domestic or foreign for-profit organization iii. “Executive” means officers, managing partners, or any other employees in management positions. iv. “Subaward”: 1) This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. 2) The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). 3) A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. v. “Subrecipient” means a non-federal entity or federal agency that: 1) Receives a subaward from you (the recipient) under this award; and 2) Is accountable to you for the use of the federal funds provided by the subaward. vi. Total compensation means the cash and noncash dollar value earned by the executive during the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). Page 180 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 65 EXHIBIT H CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS OMB No. 0505-0027 Expiration Date: 09/30/2025 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 USC § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR sections 180.300, 180.335, Participants’ responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505- 0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or civil fraud, privacy, and other statutes may be applicable to the information provided. Page 181 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 66 (Read instructions on page two before completing certification.) A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME City of Chula Vista PR/AWARD NUMBER OR PROJECT NAME KVBYLRZMAGJ9 NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S) Sam Olusina Oludunfe, City Forester SIGNATURE DATE In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Page 182 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 67 Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. Instructions for Certification (1) By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions. (2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. (3) The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (4) The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” Page 183 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 68 “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. (5) The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated. (6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the General Services Administration’s System for Award Management Exclusions database. (8) Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that Page 184 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City of Chula Vista, CA Project Amount: $500,000 Project Completion Date: 11/2027 Project Number: 00000012 GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: usdausfs@greenlatinos.org 69 which is normally possessed by a prudent person in the ordinary course of business dealings. (9) Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Form AD-1048 (REV 12/22) Page 185 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda v . 0 0 5 P a g e | 1 August 13, 2024 ITEM TITLE Grant Award and Appropriation: Accept Grant Funds from California for All Animals via UC Davis and Appropriate the Funds Report Number: 24-0220 Location: No specific geographic location Department: Animal Care G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting $50,700 in grant funds from California for All Animals via UC Davis to provide reclaim fee assistance, pet tags, and collars for every dog and to increase marketing to raise awareness for City of Chula Vista Animal Services, amending the fiscal year 2024/25 budget, and appropriating funds for that purpose. (4/5 Vote Required) SUMMARY Chula Vista Animal Services has received a grant award from California for All Animals via UC Davis in the amount of $50,700 to provide financial assistance to families reclaiming their pets, purchase a tag engraver and supplies to provide every adopted and reclaimed dog a pre-engraved tag, and increase marketing to increase awareness of the City of Chula Vista Animal Care Facility. Staff requests that grant funds totaling $50,700 be appropriated to the Other Expenses category in the Other Grants Fund. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental Page 186 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 2 fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable DISCUSSION California for All Animals via UC Davis has awarded Chula Vista Animal Services (CVAS) $50,700. This award will provide thirty thousand dollars financial assistance to families reclaiming their pets. Reclamation rates for dogs entering the shelter have declined from 39% 2022 to 34% 2023 with pet owners citing the cost of reclaiming their pet a factor in deciding to reclaim or leave a pet. Rates typically range from $235-$575 when reclaiming a pet. The grant also provides the CVAS funds to purchasing a license engraver, tags and collars with the goal of decreasing the number of dogs entering the shelter by allowing those that encounter a lost dog to return them directly to the owner, forgoing the need to bring the dog to the shelter. Finally, this grant identified funds for marketing CVAS to help increase overall awareness that Chula Vista has an animal shelter. Staff has found that residents living within Chula Vista or the three cities (National City, Imperial Beach and Lemon Grove) are not aware that City of Chula Vista has an animal shelter and often seek lost or adoptive pets at San Diego Humane Society. Staff requests that grant funds totaling $50,700 be appropriated to the Other Expenses category in the Other Grants Fund. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of the resolution accepts a grant award from California for All Animals via UC Davis in the amount of $50,700 amending the fiscal year 2025 budget by appropriating $50,700 to the Other Expenses category in the Other Grants Fund. ONGOING FISCAL IMPACT Funding from California for All Animals via UC Davis will completely offset these costs, there is no ongoing fiscal impact as a result of accepting these grant funds. ATTACHMENTS None. Page 187 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 3 Staff Contact: Ashley Milo, Deputy Director of Animal Services Page 188 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM CALIFORNIA FOR ALL ANIMALS VIA UC DAVIS, AMENDING THE FISCAL YEAR 2024/25 BUDGET, AND APPROPRIATING FUNDS THEREFOR WHEREAS, Chula Vista Animal Services previously applied for and was awarded a grant through California for All Animals via UC Davis in the amount of $53,000; and WHEREAS, Chula Vista Animal Services applied for and has been awarded additional grant funds through California for All Animals via UC Davis in the amount of $50,700; and WHEREAS, the additional grant funds are intended to be used to provide pet reclaim financial assistance, a tag engraver, tags and collars for adopted and reclaimed dogs, and marketing funds; and WHEREAS, the agreement permits funds from the grant awarded FY22/23 to be used toward reclaim fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Accepts grant funds from California for All Animals via UC Davis in the amount of $50,700. 2. Approves an amendment to the Fiscal Year 2024/25 Other Grants Fund Budget, appropriates $50,700 in the other grant fund to the Supplies and Services and Other Expense categories, and increases the revenue budget. BE IT FURTHER RESOLVED, that the City Manager, or designee, is authorized to take all necessary action to administer, monitor, manage, and ensure compliance with the program including certifications made in the application, and further to enter into and execute contracts, including contracts with third parties to implement the program or use of the funds, as appropriate. Presented by Approved as to form by Ashley Milo Marco A. Verdugo Deputy Director of Animal Services City Attorney Page 189 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Bill2 2152 BELLAS ACT to end retail sale of dogs, cats, rabbits in California New Law to End Retail Sale of Dogs, Cats and Rabbits Effect Jan. 1, 2021, Bella’s Act will put an end to the sale of animals who have been bred in puppy mills •Assembly Bill 2152, known as"Bella’s Act," would ban theretail sale of dogs, cats, andrabbits, while allowing storesto partner with rescues andshelters for adoption events.The bill stops pet stores fromreceiving any money fromadoption transactions or fromusing the store or itsresources in connection withadoption events •“With Bella’s Act going intoeffect, we’ll be able to end theinhumane retail sales of dogs,cats and rabbits in Californiaonce and for all,” said San DiegoHumane Society Chief ofHumane Law Enforcement BillGanley. Written Communications Item 5.6 - Acosta Received 8/12/2024 Page 190 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Written Communications Item 5.6 - Acosta Received 8/128/2024 Page 191 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Joseph A Raso CHULA VISTA, CA 91910 Telephone Honorable Mayor & City Council 08/13/24 As you know Chula Vista’s obsession of threatening well meaning Tenants and Landlords with $5,000.00 daily fines for simple paperwork errors has forced a massive increase of our community’s homeless population. City Staff has made you aware of the financial devastation the “Tenant Protection Ordinance” has brought to the rental and homeless communities of Chula Vista. I will not waste your time by again reviewing the Staff supplied data. I simply request that at least one City Council member care enough about our community and request staff to: 1) Verify the accuracy of the Staff supplied data contained in the PS section of this communication. 2) Reveal how many Landlords of Chula Vista’s 36,033 rental units were found and ned for not being in compliance of the Tenant Protection Ordinance since the TPO’s inception last year? Please have staff inform the public: 1) If, as suspected, very very few Landlords were actually found and ned for non compliance of the Tenant Protection Ordinance, wouldn’t it be prudent for staff be required to warn noncomplying Landlords before threatening $5,000.00 daily nes? 2) Doesn’t staff realize honest “Mom & Pop” landlords would gladly come into compliance, while the few “bad apples” would be identied by their attempts to circumvent the law? 3) Isn’t staff aware the constant threat of massive nes for simple errors forces prudent Landlords to preemptively raise rents? Page of1 7 Written Communications Item 6 - Public Comments Raso - Received 8/12/2024 Page 192 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda I am deeply discouraged and at a loss due to my inability to make you aware of the pain and suffering the City Council has inflicted upon the homeless and financially vulnerable members of our community. When I first read the draft of the “Tenant Protection Ordinance” over a year and a half ago, I was stunned. Property managers, fully aware that landlords must pass expenses onto tenants, immediately recognized that imposing $5,000 daily fines for simple paperwork errors would devastate the poorest in our community. Clauses of Concern: Clause 9.65.060E: Reporting Requirements. Owners and Tenants shall provide the City with information regarding termination of tenancies at such times and with such details as required by the City in the attendant Administrative Regulations. When a tenant decides to vacate a property by simply moving away without giving written notice, it is left to the Landlord to terminate the lease. Simple logic dictates that the Landlord’s termination must fall into an “At Fault Just Cause Termination” or “No-Fault Just Cause Termination”. A Tenant simply moving away does not fall into the “Notice Not Required” category listed below leaving the Landlord required to supply City Staff info related information listed in 2B below. 070 Administrative Regulations Requirements Upon Termination of Tenancy A. Owner Notice to City Regarding Termination 1. Notice Not Required Owners are not required to notify City of At-Fault Just Cause terminations. Intent to occupy by Owner or Family Member. Compliance with Government or Court Order. Withdrawal from the rental market. Substantial remodel or Complete Demolition 2. Notice Required Page of2 7 Written Communications Item 6 - Public Comments Raso - Received 8/12/2024 Page 193 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda In accordance with 9.65.070(B), Owners of Residential Rental Unit(s) are required to notify City of No-Fault Just Cause terminations B. Content of Notice A CVMC 9.65.070(B) notice by Owner to City of a No-Fault Just Cause termination must contain the following information: Property Address; Owner name, phone and email; Number of total units within complex; Number of units vacant at time of noticing; Number of termination notices issued; Contracted rent at time of notice, for all terminated tenancies; and Copy of all termination notices. If an error is committed by Landlord when submitting data to City Staff, Landlord is subject to fine in Clause 9.65.080C2 listed below. Clause 9.65.080C2: Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. Upon reading the first draft, I consulted with a longtime friend, Jon Miller of Jon Miller Realty, who reassured me that the City Council would never enact the “TPO” as written due to its potential financial devastation on renters. However, Earl Jentz of John Jentz Realty held the opposite view, accurately predicting that Mayor Salas, nearing the end of her term, would push the ordinance through regardless of the negative consequences. The “Tenant Protection Ordinance” was passed in October 2022 with Council Member Jill Gavez casting the lone dissenting vote. Ms Gavez publicly predicted the massive rent increase the TPO” would impose on those least able to afford. One pivotal event that propelled me to mitigate the suffering of our community's poorest occurred during a CAST Call several years ago. Page of3 7 Written Communications Item 6 - Public Comments Raso - Received 8/12/2024 Page 194 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda CAST Volunteer Experience: For the past fifteen years, I have volunteered with CAST (Civilian Adversity Support Team). CAST is a team of approximately sixty trained volunteers on call 24 hours a day and dispatched by the Chula Vista Police Department to assist community members who have suffered a sudden death in the family. Calls may range from violent murders to the peaceful passing of an elderly relative. Several years ago, I was dispatched by the CVPD to the Palomar Trolley Station in the middle of the night. Expecting a tragic accident, I was relieved to find no one had died. Instead, the police officer on the scene pointed me to a homeless man sleeping in a refrigerator box with his six-year-old daughter. The policeman asked if I could help improve their situation. I arranged for them to be taken to a shelter for single fathers. The image of that family’s struggles became embedded in my heart, fueling my commitment to assist the financially vulnerable in our community. If you had seen the empty stare on that little girl’s face, you would share my deep commitment to helping the underserved and immediately amend the Tenant Protection Ordinance.” Upon the passing of the “TPO,” I took a multi-pronged approach to bring relief to the poorest in our community. Community Efforts: 1. Feeding the Homeless: Our church organized a team of volunteers to feed the increasing number of homeless resulting from the passing of the Tenant Protection Ordinance.” Once a week, church members prepare meals for Chula Vista’s homeless. Realizing this was insufficient to mitigate the severe financial devastation as a result the “TPO”, I initiated additional efforts. 2. Raising Awareness: I endeavored to make the City Council aware of the damage caused by the current wording of the TPO, naively believing that awareness would prompt immediate corrective action. I gathered data from City staff documenting the pain and suffering inflicted by the TPO” (See attached data in PS section of this communication). Despite compelling data, the City Council and staff have done nothing to effectively alleviate the pain resulting from the TPO. The data clearly shows the TPO has placed an immense burden on low- Page of4 7 Written Communications Item 6 - Public Comments Raso - Received 8/12/2024 Page 195 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda income renters and homeless, yet there has been no effort to address this issue. In my 75 years I have never witnessed a City Council so neglectful of the community it claims to represent. A practical solution exists to align the TPO with state mandates without harming renters: Proposed Solution: 1. Notification System: Before issuing a $5,000 daily fine, notify the offending party of non-compliance. Honest “Mom & Pop” landlords would gladly come into compliance, while the few “bad apples” would be identified by their attempts to circumvent the law. 2. Benefits: This approach complies with California's requirements, relieves pressure on landlords from precautionary rent increases, and protects tenants from unnecessary financial strain. It is crucial to recognize the severity of this situation and act swiftly to rectify the harm caused by the TPO. I hope this information reignites your commitment to serving the people of Chula Vista. Sincerely, Joseph A. Raso Page of5 7 Written Communications Item 6 - Public Comments Raso - Received 8/12/2024 Page 196 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda PS: City Staff Supplied Data and Supporting Conclusions: 1)Chula Vista Population: 283,972 (Chula Vista - U.S. Census Bureau QuickFacts) 2) Average number of individuals in each household: 3.31. (Chula Vista U.S. Census Bureau QuickFacts) 3) Percentage Chula Vista housing which are rentals. 42% (Data compiled by City Staff ) 4) Number of Chula Vista Rental Units: 36,033 Population of Chula Vista (283,972) divided by the average number of people residing in each Residence (3.31) equals 85,792 multiplied the percentage of residences which are rentals (42%) equals the approximate number of Chula Vista rental units. (36,033) 5) Approximate number of Chula Vista renters: 119,268 (CV Population 283,972 x .42% = 119,268) 6) Approximate Average Monthly Chula Vista Rent: $3,047.00 (See attached CV Staff provided “Relocation Assistance” Pic - Average of Line 2nd from bottom) 7) With no right to cure, amount of daily fine levied if Landlord or Tenant inadvertently makes a paperwork error when Tenant terminates lease and moves: $5,000.00 (Clauses 9.65.060 E and 9.65.080 C2 of the“Tenant Protection Ordinance”) 8) Maxim average monthly rent increase allowed . . $304.70 ($3047.00 x 10%. California AB-1482 5% plus ination Max 10%) 9) Average number of months required for Landlord to impound a 1 day fine: 16.41 ($5000.00 divided by $304.70) Page of6 7 Written Communications Item 6 - Public Comments Raso - Received 8/12/2024 Page 197 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Conclusions Drawn From Staff Supplied Data: A simple analysis of the data reveals: 1) $10,979,255.00: The approximate total monthly maximum rent increase levied on Chula Vista Renters if Landlords are forced to impound funds to the pay daily fines: (36,033 Rental Units multiplied by the 10% max allowed rent adjustment $304.70 = $10,979,255.00 ) 2) 596 New Homeless: Approximate number of Homeless created if only one half of one percent of Chula Vista renters are forced out of their homes by the rent increases caused by the Tenant Protection Ordinance: CV Population 283,972 x 42% = 119,268 x .5% = 596) City Staff Supplied Chart: Page of7 7 Written Communications Item 6 - Public Comments Raso - Received 8/12/2024 Page 198 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda California governor vows to take away funding from cities and counties for not clearing encampments. Trân Nguyn Fri, August 9, 2024 at 4:07 a.m. PDT·3 min read SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom on Thursday had a message for local governments: clean up homeless encampments now or lose out on state funding next year. ARI SHAPIRO, HOST: At the end of the Supreme Court's term, the justices made it easier for authorities to clear homeless encampments. And now California Governor Gavin Newsom has issued an executive order aimed at doing just that. The order requires state agencies to remove camps on their grounds and urges cities and counties to do the same. Written Communications Public Comments Acosta - Received 8/12/2024 Page 199 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Before any more funding is directed to the unsheltered program a transparent complete and public report should be made to the public the TAXPAYERS that include the following information. 1. What is the amount of money allocated for this program? 2. What is the budget for each program if there is more than one? 3. How much money has it been used total for this year 2024. 4. What is the average pay for those managing the program? 5. How many people are employed in total. 6. How many people are employed for each program. 7. What is the average pay for those working with the clients? 8. Who is overall in charge of the unsheltered program? 9. What is the total amount already spent for each program if more than one? 10. How many employees does each program have. 11. What are the requirements/qualifications for those doing outreach? 12. How many (total number) tiny homes are in Chula Vista 13. How many are they in use. 14. How many unsheltered individuals have used them. 15. What is the average stay for how long? 16. What happened to them after they left? 17. How many repeated unsheltered clients (more than one time) 18. How many males? How many Females? How many males with children? 19. How many Females with Children? How many with both parents and children 20. How many with pets ? were they able to stay with their pets? How many seniors? 21. How many disable physical restricted movement? 22. How many disables of other noticeable disability) 23. How many unsheltered came from other cities. 24. Imperial beach, 25. National City, 26. San Isidro, 27. San Diego Thank you in advance is always satisfying when one is aware of how tax dollars are being spent. Very Respectfully John Acosta Senior and Veterans Advocate Gerontologist ret. USN ret. Written Communications Public Comments Acosta - Received 8/12/2024 Page 200 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City codes and ordinances have been created to protect the health, safety, and quality of life for residents of Chula Vista. Ch. 8.20 Food Vendors | Chula Vista Municipal Code WEB Sections: 8.20.010 Vending vehicles – Definitions. 8.20.015 Mobile food facility . 8.20.020 Vending vehicles – For prepared or prepackaged and unprepared foodstuffs, including … CVMC 5.32.030 A garage sale license must be obtained before any resident or group of residents, organization or club. No more than two garage sales can be conducted by the same person or persons or at the same place within the same calendar year. 19.68.030 Exterior noise limits | Chula Vista Municipal Code 17 24.040 Disturbing, excessive, offensive, or unreasonable noises – Prohibited – A. It is unlawful for any person in any commercial or residential zone in the City to make, continue or cause to be made or continued any disturbing, excessive, offensive, or unreasonable noise which disturbs the health, safety, general welfare or quiet enjoyment of property of others in any commercial or residential zone within the limits of the City . Written Communications Public Comments Acosta - Received 8/12/2024 Page 201 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Chula Vista Passed Ordinance 3527, a New Law Affecting Your … Chula Vista Municipal Code https://chulavista.municipal.codes/CVMC/19.68.030 19.68.030 Exterior noise limits | Chula Vista Municipal Code Chapter 2.28 CVMC, Board of Ethics WEB The Chula Vista Municipal Code is current through Ordinance 3527, passed November 1, 2022. Ch. 2.01 Code of Ethics 2.25.050 Membership – Applications and appointments – … Ch. 8.20 Food Vendors | Chula Vista Municipal Code WEB Sections: 8.20.010 Vending vehicles – Definitions. 8.20.015 Mobile food facility. 8.20.020 Vending vehicles – For prepared or prepackaged and unprepared foodstuffs, including … CVMC 5.32.030 A garage sale license must be obtained before any resident or group of residents, organization or club. No more than two garage sales can be conducted by the same person or persons or at the same place within the same calendar year 17 24.040 Disturbing, excessive, offens ive, or unreasonable noises – Prohibited – A. It is unlawful for any person in any commercial or residential zone in the City to make, continue or cause to be made or continued any disturbing, excessive, offensive, or unreasonable noise which disturbs the health, safety, general welfare or quiet enjoyment of property of others in any commercial or residential zone within the limits of the City. Written Communications Public Comments Acosta - Received 8/12/2024 Page 202 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Page 203 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda v . 0 0 5 P a g e | 1 August 13, 2024 ITEM TITLE Bond Approval: Approve the Issuance of Tax-Exempt Multifamily Housing Revenue Bonds for the Construction of the Citrus Villa Project and Certain Other Matters Relating Thereto Report Number: 24-0219 Location: 178 Third Avenue Department: Housing and Homeless Services G.C. § 84308: No 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 authorizing the issuance of $25,000,000 in tax-exempt bonds for an affordable project to be known as Citrus Villa, located at 178 Third Avenue. SUMMARY The City of Chula Vista (the “City”) has received a request for the approval of issuance by the California Municipal Finance Authority (“CMFA”) of $25,000,000 in tax-exempt multifamily housing revenue bonds for the purpose of the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 178 Third Avenue, known as Citrus Villa (the "Project"). 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 to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 204 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION C.V. Senior Housing Partners, L.P. (the "Borrower") a partnership of which San Diego Interfaith Housing Foundation (the "Developer") or a related person to the Developer is the general partner, has requested that the Authority participate in the issuance of one or more series of tax-exempt facility bonds issued from time to time, pursuant to a plan of finance, in an aggregate outstanding principal amount not to exceed $25,000,000 (the “Bonds”) for the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 178 Third Avenue, Chula Vista, California (Attachment 1: Project Location Map), to be owned and operated by the Borrower as Citrus Villa. Bond Issuer On May 21, 2024, the Chula Vista Housing Authority adopted Resolution No. 2024-004 updating its bond policies. The revised policies require the Chula Vista Housing Authority to be the bond issuer for affordable housing developments except when a developer has a compelling reason to use an outside issuer. In this instance, the Developer applied for the tax-exempt bonds prior to adoption of the updated policies. Due to the timing of the application, City staff supports allowing an outside issuer for this project. The Developer has selected CMFA to be the issuer of the Bonds. CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities, including the City, have become members of CMFA. CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. CMFA’s representatives and its Board of Directors have considerable experience in bond financings. TEFRA In compliance with Section 147(f) of the Internal Revenue Service Code of 1986, reflecting the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), in order for all or a portion of the Bonds to qualify as tax- exempt bonds, the City, as the “applicable elected representative” of the governmental unit hosting the Project must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, the City must also provide its approval of the issuance of the Bonds for the financing of the Project by the CFMA. On Friday, August 2, 2024, a notice was published in the Star News, a newspaper of general circulation in the City of Chula Vista, informing the public that a public hearing would be held by the City Council. The City Council shall hold the TEFRA (public hearing) on Tuesday, August 13, 2024 at 5:00 p.m. at the City Council Chambers to allow public comments in the issuance of the notes and the Project for which bond funds will be allocated (Attachment 2: Notice of Public Hearing). Following public comment, City Council shall consider whether CMFA may issue exempt facility bonds to finance the Project and to approve the issuance, sale, and delivery of the Bonds by CMFA. Page 205 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 3 Project Citrus Villa is currently under construction and when completed, expected by December 2024, will provide 58 units of housing (in a mix of 1-, 2-, and 3-bedrooms) with 1 manager’s unit and 57 affordable for seniors 55 years and older for the next 55 years, as detailed below. 10% (6 Units) restricted to households at or below 35% of area median income; 51% (29 Units) restricted to households at or below 50% of area median income; and 39% (22 Units) restricted to households at or below 60% of area median income. Project amenities include a community room and courtyard. There are also resident and social services as well as case management for residents. Leasing for the project is expected to begin in the fourth quarter of 2024. On April 9, 2024, City Council approved a waiver of Parkland Acquisition and Development Fees to the Project pursuant to Resolution No. 2024-060. The City does not have any other financial involvement in the Project but does have a Density Bonus Regulatory Agreement recorded in the Official Records of San Diego County as Document No. 2023-0338638, which restricts the occupancy of the 57 units to persons aged 55 and over. The Density Bonus Regulatory Agreement was recorded before the City’s adoption of Ordinance No. 3572, which added Section 19.94.080 to the Chula Vista Municipal Code setting forth a system of priority in leasing affordable units to displaced households, Chula Vista residents and workers, and other key groups. Therefore, while future similar transactions will apply the City’s priority policy, this Project will not be subject to such a policy. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has fou nd no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council members, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Bond Financing is a self-supporting program with the Borrower solely responsible for the payment of all costs of issuance and other costs of the bonds. The City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower. The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for CMFA. Through its conduit issuance activities, CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City Page 206 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 4 of Chula Vista, it is expected that a portion of the issuance fee attributable to the City will be granted by CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. Borrower is responsible for payment to the City of a $3,500 fee for costs of the TEFRA hearing and related actions. ONGOING FISCAL IMPACT There will be no ongoing fiscal impact as this is a one-time action, with CMFA responsible for all ongoing activities associated with monitoring compliance of the regulatory restrictions and administration of the outstanding Bonds. ATTACHMENTS 1. Project Locator Map 2. Notice of Public Hearing Staff Contact: Brian Warwick, Housing Manager Page 207 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL PROJECT LOCATED AT 178 THIRD AVENUE, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000, FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF THE PROJECT, AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, C.V. Senior Housing Partners, L.P. (the "Borrower") a partnership of which San Diego Interfaith Housing Foundation (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 178 Third Avenue, Chula Vista, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Chula Vista (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes. Page 208 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista as follows: Section 1. On information and belief, the foregoing resolutions are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. Section 3. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 6. The Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel: Ronald E. Lee, Esq. Jones Hall, APLC 475 Sansome Street, Suite 1700 San Francisco, CA 94111 Section 7. Owner shall issue payment to the City in the amount of $3,500 as reimbursement for the costs associated with the public hearing and related actions authorized by this resolution. Section 8. This resolution shall take effect immediately upon its adoption. Presented by Approved as to form by Stacey Kurz Marco A. Verdugo Director of Housing and Homeless Services City Attorney Page 209 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Attachment 1 Project Locator Map Citrus Villa, 178 Third Avenue, Chula Vista, CA 91910 Page 210 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Form Rev. 4/23/24 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF CHULA VISTA NOTICE IS HEREBY GIVEN that the City Council of the City of Chula Vista will conduct a public hearing to consider the following matter: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL PROJECT LOCATED AT 178 THIRD AVENUE, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000, FOR THE PURPOSE OF FINANCING OR REFINANC ING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF THE PROJECT, AND CERTAIN OTHER MATTERS RELATING THERETO HEARING INFORMATION Date and Time: August 13, 2024 at 5:00 p.m. Location: Council Chambers, City Hall, 276 Fourth Avenue, Chula Vista Public Testimony: In-Person: Interested persons wishing to express their views on the matter described above will be given an opportunity to do so at the public hearing. Written Comments: Comments may be mailed or delivered to: City of Chula Vista, C ity Clerk Kerry Bigelow, 276 Fourth Ave, Chula Vista, CA 91910. Comments must be received by the City Clerk before the close of the public hearing. ADDITIONAL MATTER DETAILS On August 13, 2024, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $25,000,000 in aggregate principal amount (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, construction, improvement and equipping of Chula Vista Seniors, a multifamily rental housing project located at 178 Third Avenue, Chula Vista, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by C.V. Senior Housing Partners, L.P. (the "Borrower") or a partnership of which San Diego Interfaith Housing Foundation (the "Developer") or a related person to the Developer is the general partner. The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Page 211 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower. The hearing will commence at 5:00 p.m. or as soon thereafter as the matter can be heard, and will be held in the City Council Chambers, 276 Fourth Avenue, Chula Vista, California. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed or refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments. 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. ACCESSIBLE PUBLIC MEETINGS Written agenda materials in appropriate alternative formats, or disability-related modifications or accommodations, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings or services will be provided upon request. Please contact cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting so that arrangements may be made. NOTE If you wish to challenge the City’s action on these matters in court, you may be limited to raising only those issues you or someone else raise at the public hearing described in this notice, or in written correspondence delivered to the Office of the City Clerk at or prior to the public hearing. Page 212 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Item 7.1 Citrus Villa Bond Hearing Page 213 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda HOUSING & HOMELESS SERVICES Citrus Villa (Chula Vista Seniors) •Interfaith Housing Foundation, developer •178 Third Street •57 Affordable Units + 1 Manager’s Unit •Rents at 35%, 50%, and 60% of AMI •Density Bonus project •Community room and courtyard •Completion target December 2024 Page 214 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda HOUSING & HOMELESS SERVICES Tax –Exempt Bonds •NOT a City subsidy or loan; no City liability •NOT a project approval; building is already under construction •Low-interest loan for affordable housing Page 215 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda HOUSING & HOMELESS SERVICES TEFRA •Hearing must be held, with opportunity for public comment •$25,000,000 maximum bond amount •California Municipal Finance Authority (CMFA) as outside issuer •Project in motion before Chula Vista Housing Authority’s bond policy was updated •No local priority due to timing of Density Bonus regulatory agreement •Still likely that most tenants will be existing Chula Vista residents Page 216 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda HOUSING & HOMELESS SERVICES Recommendation Approve the issuance of tax-exempt bonds for Citrus Villa Page 217 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda v . 0 0 5 P a g e | 1 August 13, 2024 ITEM TITLE Bond Approval: Approve the Issuance of Tax-Exempt Multifamily Housing Revenue Bonds for the Renovation of the Seniors on Broadway Project and Certain Other Matters Relating Thereto Report Number: 24-0222 Location: 845 Broadway Department: Housing and Homeless Services G.C. § 84308: No 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 authorizing the issuance of $12,000,000 in tax-exempt bonds for an existing affordable project, Seniors on Broadway, located at 845 Broadway. SUMMARY The City of Chula Vista (the “City”) has received a request for the approval of issuance by the California Municipal Finance Authority (“CMFA”) of $12,000,000 in tax-exempt multifamily housing revenue bonds for the purpose of financing the acquisition and rehabilitation of a 42-unit qualified residential rental project, Seniors on Broadway, located at 845 Broadway (the “Project”). 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 to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 218 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Metropolitan Area Advisory Committee on Anti-Poverty of San Diego County, Inc. (“MAAC” or the “Sponsor”), on behalf of a limited partnership or other ownership entity to be created by Sponsor or an affiliate of the Sponsor for the purpose of owning the project described herein (such limited partnership or other ownership entity being referred to herein as the “Borrower”), has requested that CMFA participate in the issuance of one or more series of tax-exempt facility bonds issued from time to time, pursuant to a plan of finance, in an aggregate outstanding principal amount not to exceed $12,000,000 (the “Bonds”) for acquisition and rehabilitation of an existing 42-unit qualified residential rental project, known as Seniors on Broadway, located at 845 Broadway within the City of Chula Vista. Bond Issuer On May 21, 2024, the Chula Vista Housing Authority adopted Resolution No. 2024-004 updating its bond policies. The revised policies require the Chula Vista Housing Authority to be the bond issuer for affordable housing developments except when a developer has a compelling reason to use an outside issuer. In this instance, the Developer applied for the tax-exempt bonds prior to adoption of the updated policies. Due to the timing of the application, City staff supports allowing an outside issuer for this Project. The Developer has selected CMFA to be the issuer of the Bonds. CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities, including the City, have become members of CMFA. CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. CMFA’s representatives and its Board of Directors have considerable experience in bond financings. TEFRA In compliance with Section 147(f) of the Internal Revenue Service Code of 1986, reflecting the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), in order for all or a portion of the Bonds to qualify as tax - exempt bonds, the City, as the “applicable elected representative” of the governmental unit hosting the Project must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, the City must also provide its approval of the issuance of the Bonds for the financing of the Project by the CFMA. On Friday, August 2, 2024, a notice was published in the Star News, a newspaper of general circulation in the City of Chula Vista, informing the public that a public hearing would be held by the City. The City Council is holding the TEFRA (public hearing) on Tuesday August 13, 2024 at 5:00 p.m. at the City Council Chambers of the City of Chula Vista, to allow public comments in the issuance of the notes and the Project for which bond funds will be allocated (Attachment 2: Notice of Public Hearing). Following public comment, City Page 219 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 3 Council will consider whether CMFA may issue tax-exempt facility bonds to finance the Project and to approve the issuance, sale, and delivery of the bonds by CMFA. Project Built in 2005, Seniors on Broadway has been providing quality affordable senior housing for the community for nearly twenty years. The Project provides one manager’s unit and forty-one affordable units in a mix of studio, one, and two bedroom units, as follows: 12% (5 Units) restricted to households at or below 30% of area median income; 39% (16 Units) restricted to households at or below 45% of area median income; and 49% (20 Units) restricted to households at or below 50% of area median income. The Project was originally built with $3,511,195 in financial assistance from the City. The City’s 2005 regulatory agreement, still in effect, stipulates that City-restricted units must give priority in leasing to (1) Chula Vista residents displaced due to City action or condominium conversion; and (2) Chula Vista residents and workers. At this time, neither the City nor the Chula Vista Housing Authority are contributing funds toward the proposed rehabilitation of the Project. The bond issuance will enable the Project to renovate outdated fixtures, replace the roof, bring balconies up to current building codes, and replace carpet with vinyl plank flooring, amongst other improvements. The financing will renew the Project’s affordability restrictions for 55 years (extending the current affordability period by twenty years). While all tenants will be minimally impacted by the renovations, no residents will be displaced. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council members, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Bond Financing is a self-supporting program with the Borrower solely responsible for the payment of all costs of issuance and other costs of the bonds. The City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower. The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for CMFA. Through its conduit issuance activities, CMFA shares a portion of the issuance fees it receives with its membe r communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City Page 220 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 4 of Chula Vista, it is expected that that a portion of the issuance fee attributable to the City will be granted by CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. Borrower is responsible for payment to the City of a $3,500 fee for costs of the TEFRA hearing and related actions. ONGOING FISCAL IMPACT There will be no ongoing fiscal impact as this is a one-time action, with CMFA responsible for all ongoing activities associated with monitoring compliance of the regulatory restrictions and administration of the outstanding Bonds. ATTACHMENTS 1. Project Locator Map 2. Notice of Public Hearing Staff Contact: Brian Warwick, Housing Manager Page 221 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PLAN OF FINANCE INCLUDING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,000,000 TO FINANCE AND REFINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT KNOWN AS SENIORS ON BROADWAY, LOCATED AT 845 BROADWAY, FOR THE BENEFIT OF METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI-POVERTY OF SAN DIEGO COUNTY, INC. (MAAC), OR AN AFFILIATED ENTITY, AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Metropolitan Area Advisory Committee on Anti-Poverty of San Diego County, Inc. (the “Sponsor”), on behalf of a limited partnership or other ownership entity to be created by Sponsor or an affiliate of the Sponsor for the purpose of owning the project described herein (such limited partnership or other ownership entity being referred to herein as the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) undertake a plan of finance, including the issuance from time to time of one or more series of revenue bonds in an aggregate principal amount not to exceed $12,000,000 (together with a like amount of refunding obligations) (the “Bonds”), to finance and refinance (1) the costs of the acquisition and rehabilitation of a 42-unit qualified residential rental project (the “Project”) located at 845 Broadway within the City of Chula Vista, California (the “City”), and to be owned and operated by the Borrower; and (2) pay certain expenses in connection with the issuance of the Bonds; and WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is located is required to approve the plan of finance for the Project, including the issuance of the Bonds, under Section 147(f) of the Code; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the plan of finance for the Project, including the issuance of the Bonds by the Authority, in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the plan of finance for the Project, including the issuance of the Bonds by the Authority; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes. Page 222 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as follows: Section 1. On information and belief, the foregoing recitals are true and correct. Section 2. The City Council hereby approves the plan of finance for the Project, including the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the plan of finance for the Project, including the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. Section 3. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing with respect to the Project; (ii) any application or request for or take any other action in connection with any planning approval, permit, or other action necessary with respect to the Project; (iii) make any contribution or advance any funds whatsoever to the Authority or the Borrower; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 6. The Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel: Ronald E. Lee, Esq. Jones Hall, APLC 475 Sansome Street, Suite 1700 San Francisco, CA 94111 Section 7. Owner shall issue payment to the City in the amount of $3,500 as reimbursement for the costs associated with the public hearing and related actions authorized by this resolution. Section 8. This resolution shall take effect immediately upon its adoption. Presented by Approved as to form by Stacey Kurz Marco A. Verdugo Director of Housing and Homeless Services City Attorney Page 223 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Attachment 1 Project Locator Map Seniors on Broadway, 845 Broadway, Chula Vista, CA 91911 Page 224 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Form Rev. 4/23/24 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF CHULA VISTA NOTICE IS HEREBY GIVEN that the City Council of the City of Chula Vista will conduct a public hearing to consider the following matter: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PLAN OF FINANCE INCLUDING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,000,000 TO FINANCE AND REFINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT KNOWN AS SENIORS ON BROADWAY, LOCATED AT 845 BROADWAY, FOR THE BENEFIT OF METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI-POVERTY OF SAN DIEGO COUNTY, INC. (MAAC), OR AN AFFILIATED ENTITY, AND CERTAIN OTHER MATTERS RELATING THERETO HEARING INFORMATION Date and Time: August 13, 2024 at 5:00 p.m. Location: Council Chambers, City Hall, 276 Fourth Avenue, Chula Vista Public Testimony: In-Person: Interested persons wishing to express their views on the matter described above will be given an opportunity to do so at the public hearing. Written Comments: Comments may be mailed or delivered to: City of Chula Vista, City Clerk Kerry Bigelow, 276 Fourth Ave, Chula Vista, CA 91910. Comments must be received by the City Clerk before the close of the public hearing. ADDITIONAL MATTER DETAILS On August 13, 2024, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held with respect to a plan of finance that includes the proposed issuance by the California Municipal Finance Authority (the “Authority”) of its revenue bonds in one or more series in an amount not to exceed $12,000,000 (together with a like amount of refunding obligations) (the “Bonds”), including but not limited to revenue bonds issued to finance or refinance the acquisition and rehabilitation of a 42-unit qualified residential rental project located at 845 Broadway (the “Project”) in City of Chula Vista, California (the “City”). The Project is to be owned and operated by a limited partnership or other ownership entity to be created by Metropolitan Area Advisory Committee on Anti-Poverty of San Diego County, Inc. (the “Sponsor”) or an affiliate of the Sponsor (such limited partnership or other ownership entity, the “Borrower”). The Bonds and the obligation to pay principal thereof and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the City, the Authority, the State of California or any political subdivision thereof, within the meaning of any Page 225 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower. 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. ACCESSIBLE PUBLIC MEETINGS Written agenda materials in appropriate alternative formats, or disability-related modifications or accommodations, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings or services will be provided upon request. Please contact cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting so that arrangements may be made. NOTE If you wish to challenge the City’s action on these matters in court, you may be limited to raising only those issues you or someone else raise at the public hearing described in this notice, or in written correspondence delivered to the Office of the City Clerk at or prior to the public hearing. Page 226 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Item 7.2 Seniors on Broadway Bond Hearing Page 227 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda HOUSING & HOMELESS SERVICES Seniors on Broadway •MAAC, developer & operator •845 Broadway •Built in 2005 •41 Affordable Units + 1 Manager’s Unit •Rents at 30%, 45%, and 50% of AMI •Built with City assistance •Now needs rehabilitation •Roof, ADA upgrades, and balcony repairs Page 228 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda HOUSING & HOMELESS SERVICES Tax –Exempt Bonds •NOT a City subsidy or loan; no City liability •NOT a project approval; building already exists •Low-interest loan for affordable housing Page 229 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda HOUSING & HOMELESS SERVICES TEFRA •Hearing must be held, with opportunity for public comment •$12,000,000 maximum bond amount •California Municipal Finance Authority (CMFA) as outside issuer •Project in motion before Chula Vista Housing Authority’s bond policy was updated •City regulatory agreement does prescribe preference for Chula Vista residents and workers Page 230 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda HOUSING & HOMELESS SERVICES Recommendation Approve a plan of finance, including the issuance of tax-exempt bonds, for Seniors on Broadway Page 231 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda v . 0 0 4 P a g e | 1 August 13, 2024 ITEM TITLE Municipal Bonds: Hear a Presentation from Stradling Yocca Carlson and Rauth, Bond and Disclosure Counsel, Regarding Federal Securities Law Matters Related to Disclosure Responsibilities Report Number: 24-0097 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined in 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 Receive the presentation SUMMARY The City of Chula Vista, the Chula Vista Municipal Financing Authority, the Chula Vista Public Financing Authority, and the Chula Vista Bayfront Facilities Finance Authority issue bonds from time to time. These bonds, once issued, contain continuing disclosure requirements within their Bond Indentures and Official Statements. As the City continues to issue debt to either refinance outstanding bonds or finance new projects, training regarding federal securities law matters related to the offer of municipal bonds is recommended. 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 Page 232 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 2 Not applicable. DISCUSSION The City of Chula Vista, The Chula Vista Municipal Financing Authority, The Chula Vista Public Financing Authority, and the Chula Vista Bayfront Facilities Finance Authority issue bonds from time to time. These bonds are offered to investors through a Preliminary Official Statement which is similar to a prospectus in the corporate market. It contains the information necessary for investors to make an informed decision regarding the purchase of the bonds. When municipal bonds are sold to investors in a public sale, certain provisions of federal securities laws apply to the offering. Specifically, the offering is governed by federal securities laws which makes it unlawful for an issuer of bonds to make a misstatement of a material fact or to omit to state a material fact in connection with the bond offering. The Securities and Exchange Commission has made clear through various releases and enforcement actions that the members of the governing board of an issuer of municipal bonds have a duty to review the key elements of the preliminary official statement before bonds are sold. The Securities and Exchange Commission has also emphasized the importance of governing board members and key staff members receiving securities law training so that they are familiar with the federal securities law standards that are applicable to a sale before bonds are offered. The purpose of this agenda item is to provide the City Councilmembers with federal securities law training and the opportunity to ask questions regarding the process for preparing the Preliminary Official Statement for proposed sale of bonds. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact as a result of receiving this presentation. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of receiving this presentation. ATTACHMENTS N/A Staff Contact: Sarah Schoen, Director of Finance/Treasurer Patricia Macias, Fiscal Debt Management Analyst Page 233 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Sarah Schoen, Director of Finance/Treasurer Adrian Del Rio, Assistant Director, Finance Department Amy Pope,Finance Manager, Finance Department Item 8.2: Municipal Bond Presentation by Stradling Yocca Carlson & Rauth on Disclosure Responsibilities Page 234 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Presented by: Lawrence Chan Presentation to the City Council of the City of Chula Vista Disclosure Responsibilities Under the Federal Securities Laws Page 235 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Why Is Disclosure Necessary? •The City from time-to-time issues securities in the public capital markets •Investors in municipal securities have protections under federal securities laws •All “material” information must be disclosed 3Page 236 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Basic Securities Disclosure Legal Framework ●Securities Act of 1933 —Registration requirement for most securities, but municipal bonds are not included ●Securities Exchange Act of 1934 —Creates ongoing disclosure requirements for public companies, and regulates brokers and dealers ●Both 1933 Act and 1934 Act contain antifraud provisions, which do apply to municipal securities 4Page 237 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Antifraud Provisions “Rule 10b-5” •“It shall be unlawful for any person . . . a)To employ any device, scheme or artifice to defraud, b)To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made,in the light of the circumstances under which they were made,not misleading ....” 5 Page 238 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda The “Materiality” Standard •“[w]hether or not there is a substantial likelihood that a reasonable investor or prospective investor would consider the information important in deciding whether or not to invest.” •Provide all the facts and let the investor decide 6 Page 239 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda When Do Disclosure Rules Apply? •New offerings •Annual Continuing Disclosure Reports •Any other circumstance where an Issuer is “speaking to the market” •Whether a communication is “speaking to the market” will depend on the official making the statement and the audience (e.g., public speeches, press releases/interviews, social media) 7 Page 240 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda City Disclosure •Preliminary Official Statement/Official Statement (POS/OS) is the offering document to investors -equivalent to corporate prospectus •Must contain all material information for the particular bond sale •POS/OS is the City’s document •Municipal advisor, underwriters and lawyers can help develop the POS/OS but the City is ultimately responsible for the accuracy and completeness of content 8 Page 241 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Disclosure Principles –General Fund •Broad description of City’s financial and economic condition •Description of budget process, major revenue sources and expenditure programs •Information on recent and current budgets – “structural” deficit? •Information on debt –types and amounts •Information on derivatives •Litigation •Other risks –e.g., cyber security and climate change 9 Page 242 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Summary •Make sure that a robust disclosure process is being implemented, with senior staff members in the organization actively involved in the disclosure process •Familiarize yourself with the POS/OS •If you are aware of any particular areas of concern, inquire how they are addressed •During the marketing and sale of the bonds, make sure any public statements are consistent with the POS/OS •Create a culture of transparent disclosure –it comes from the top 10 Page 243 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda QUESTIONS? 11 Page 244 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda v . 0 0 4 P a g e | 1 August 13, 2024 ITEM TITLE Human Relations Commission: Amend Chula Vista Municipal Code Chapter 2.36 “Human Relations Commission” Related to the Functions, Duties, and Membership of the Commission, Adopt a Council Policy Designating Special Observances, and Appropriate Funds Report Number: 24-0173 Location: No specific geographic location Department: City Manager G.C. § 84308: No 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 A) Place an ordinance on first reading amending various sections in Chapter 2.36 of the Chula Vista Municipal Code “Human Relations Commission” to amend the functions and duties of the Commission and processes by which Commissioners are nominated and appointed (First Reading); and B) Adopt a resolution adopting a City Council policy entitled, “City Council Recognition of Special Observances” and amending the fiscal year 2024-25 budget to appropriate funds accordingly. (4/5 Vote Required) SUMMARY This item is responsive to the City Council’s referral from the May 7, 2024 meeting and seeks to amend the Chula Vista Municipal Code Chapter 2.36 “Human Relations Commission” as it relates to the Functions, Duties and Membership of the Commission. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined it is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the activity is not for a site-specific project(s) and will not result in a direct or indirect physical change in the environmental. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Page 245 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Human Relations Commission considered proposed changes to the Chula Vista Municipal Code Chapter 2.36 related to the functions and duties as well as membership of the Commission as referred by City Council on February 20, 2024. Commission and public input were considered at three regular meetings of the Commission: March 28, April 25, and May 23, 2024. DISCUSSION On February 20, 2024, Councilmember Jose Preciado introduced a discussion regarding potential updates to the Human Relations Commission (“HRC”) role, duties, and procedures, specifically those within Chula Vista Municipal Code (“CVMC”) Sections 2.36.030 and 2.36.040. After a brief discussion, there was a consensus of the City Council to request a formal report from the HRC within 60 days for further examination and consideration of potential modifications to the commission. The HRC discussed and considered the proposed changes at their regular meetings in March, April, and May 2024. The Commission’s feedback was then presented to the City Council on May 7, 2024. At this meeting, the Chula Vista City Council requested City staff return with municipal code amendments incorporating the City Council and Commission feedback. Attachment 1 includes the redline amendments proposed to CVMC Chapter 2.36. The amendments being considered are summarized as follows: 1. Expansion of the duties and functions of the Human Relations Commission to include an annual recognition program of community members and recognition of several months of significance; 2. Inclusion of groups and nonprofits that support the unsheltered community; 3. Removal of reference to the Chief’s Community Advisory Board; 4. Removal of reference to Welcoming City; and 5. Change of membership requirements and nominating authority for Commission members. Attachment 2 incorporates the heritage/historical months and significant days of observances into a Council Policy that may be amended as needed by City Council. The Council Policy establishes th ose events that the HRC is tasked with recognizing in partnership with the City Council in accordance with the amended CVMC Chapter 2.36. Additionally, a $5,000 appropriation to the Boards & Commissions department is recommended in order to support and implement the expanded role and duties of the HRC. Should the City Council approve the proposed ordinance, the existing members of the Commission would need to be reassigned to the district-based seats. CVMC Section 2.25.035 provides the process for reassigning members when such seat changes are made. Following the adoption of the ordinance, the City Clerk would return to the City Council with a recommendation on the new assignments to the district-based seats, intending to reduce disruption to the HRC to the extent possible, per the CVMC. Regardless of the assignments to district-based seats, all current members would be entitled to serve the remainder of their current terms. Page 246 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT To support events hosted by the Human Relations Commission, in partnership with the City Council, an additional $5,000 appropriation to the Boards & Commissions department is recommended. This amount is offset by an increase in estimated Non-Departmental revenues, reflected in the table below: Department Supplies & Services Revenue Net Impact Non-Departmental $ - $ 5,000 $ (5,000) Boards & Commissions $ 5,000 $ - $ 5,000 TOTAL GENERAL FUND $ 5,000 $ 5,000 $ - ONGOING FISCAL IMPACT In future years, funding for events hosted by the Human Relations Commission, in partnership with the City Council, will be included as part of the annual budget development process. ATTACHMENTS 1. Redline Amendments to Chula Vista Municipal Code Chapter 2.36 2. Council Policy: City Council Recognition of Special Observances 3. HRC Memo on Proposed Amendments 4-25-2024 4. Human Relations Commission Meeting Minutes from May 23, 2024 Staff Contact: Adrianna Hernandez, Special Projects & Legislative Manager Karla Mendez, Community Engagement Specialist Page 247 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda C:\Program Files\eSCRIBE\TEMP\18385319454\18385319454,,,Ordinance - Amendments CVMC Chapter 2.36.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.36 RELATED TO THE FUNCTIONS, DUTIES, AND MEMBERSHIP OF THE HUMAN RELATIONS COMMISSION WHEREAS, the Human Relations Commission is, among other things, tasked with the development of a mutual understanding and respect among all such groups in the City and to help eliminate prejudice and discrimination; and WHEREAS, following a City Council referral on proposed changes to the functions, duties, and membership of the Human Relations Commission and subsequent input from the Commission, on May 7, 2024, the City Council directed staff to return with implementing ordinance for various changes; and WHEREAS, the City Council desires to amend the functions, du ties, and membership of the Human Relations Commission. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.36 of the Chula Vista Municipal Code is amended as follows: Chapter 2.36 HUMAN RELATIONS COMMISSION [Sections 2.36.010 and 2.36.020 remain unchanged.] 2.36.030 Functions and duties. In cooperation with other relevant boards and commissions, the Human Relations Commission shall perform the following duties and functions: A. Foster mutual understanding, respect and good will among all groups identified in CVMC 2.36.020(A); B. Enlist the cooperation of the various groups, fraternal and benevolent associations and other groups in Chula Vista in programs and campaigns devoted to eliminating group prejudice, intolerance, bigotry and discrimination; C. Study the problems in the event of civil unrest and examine the causes; D. Study, review, analyze, and report to the Mayor, City Council and the City Manager the studies of state and federal agencies, and legislative enactments of state and federal governments, including but not limited to the several civil rights acts of the United States government and the state; Page 248 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Ordinance Page 2 E. Work together with City, state and federal agencies in developing programs and events showing the contributions of the various groups to the culture and traditions of the City, state and nation, with support from the Office of the City Manager: 1. Recognize Chula Vista residents who contribute to improved human relations among all Chula Vistans on an annual basis. The Commission shall recommend Chula Vista residents for this honor following a nomination and selection process set forth by resolution of the Commission. Honorees will be recognized annually at a City Council meeting. 2. In partnership with the Office of the Mayor and City Council, recognize various months of significance as set forth in Council Policy [number to be determined]. 3. In partnership with the Office of the Mayor and City Council, host celebrations or recognize significant days as set forth in Council Policy [number to be determined]. F. Promote the establishment of local community organizations in building and strengthening relationships with community groups and nonprofits, including those that support the well-being of the unhoused community in Chula Vista; G. Work with relevant boards and commissions as needed to explore ways to improve municipal services and community relations within the scope of the Commission’s purpose as stated in CVMC 2.36.020(A); H. Advise the City Council and the City Manager of policies and programs of a formal and informal nature that will aid in eliminating all types of discrimination based on race, religion, color, creed, national origin, ancestry, age, gender, sexual orientation, disability, medical condition, place of birth, citizenship/immigration status, marital status, or military service, and secure the furnishing of equal services to all residents and maintain the quality of opportunity for employment and advancement in the City government. The Commission shall be advisory in its function, and shall have no police or enforcement powers. It shall issue no reports or recommendations except through the City Council and the City Manager. (Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011; Ord. 2543 § 2, 1993; Ord. 1909 § 2, 1980; Ord. 1857 § 1, 1979; Ord. 1120 § 1; prior code § 1.4.3). 2.36.040 Membership. A. The Human Relations Commission shall consist of 11 Voting Members and one Youth Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Three voting seats shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). Page 249 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Ordinance Page 3 2. The eight remaining voting seats shall be divided equally among the Council districts and each Council district seat shall be appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). Members must be residents of the corresponding Council district and must maintain their district residency throughout their tenure. 3. The Youth Advisory Member shall meet the qualifications specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). B. The Members shall be: (1) representative of the diversity of the City; (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’s residents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civic activities of the City. (Ord. 3539 § 1(E), 2022; Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011). [Sections 2.36.050 and 2.36.060 remain unchanged] Section II. 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 Page 250 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Ordinance Page 4 _____________________________ _____________________________ Maria V. Kachadoorian Marco A. Verdugo City Manager City Attorney Page 251 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY ENTITLED: CITY COUNCIL RECOGNITION OF SPECIAL OBSERVANCES WHEREAS, the City of Chula Vista celebrates the rich diversity of residents and the contributions of various groups to the culture and traditions of the City, state and nation; and WHEREAS, the Human Relations Commission is, among other things, tasked with working in partnership with the City Council office, to recognize various mon ths of significance and host celebrations of significant days; and WHEREAS, the City Council has identified heritage/historical months and significant days of celebration to jointly celebrate with the Human Relations Commission; and WHEREAS, staff is recommending an increase of $5,000 in expenditure appropriations to the fiscal year 2024-25 General Fund budget in the Boards and Commissions department and increase the revenue budget in Non-Departmental by $5,000 to carry out these special observances, resulting in no net fiscal impact. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it adopts the City Council policy entitled, “City Council Recognition of Special Observances,” attached hereto as Exhibit A. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it hereby amends the fiscal year 2024-25 budget and approves the following appropriations: Department Supplies & Services Revenue Net Impact Non-Departmental $ - $ 5,000 $ (5,000) Boards & Commissions $ 5,000 $ - $ 5,000 TOTAL GENERAL FUND $ 5,000 $ 5,000 $ - Presented by Approved as to form by Maria V. Kachadoorian Marco A. Verdugo City Manager City Attorney Page 252 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Chapter 2.36 HUMAN RELATIONS COMMISSION [Sections 2.36.010 and 2.36.020 remain unchanged] 2.36.030 Functions and duties. In cooperation with other relevant boards and commissions and the Chief’s Community Advisory Board, the Human Relations Commission shall perform the following duties and functions: A. Foster mutual understanding, respect and good will among all groups identified in CVMC 2.36.020(A); B. The first duty of the Commission shall be to assist the City, by completing all required steps, to become a Certified Welcoming City; CB. Enlist the cooperation of the various groups, fraternal and benevolent associations and other groups in Chula Vista in programs and campaigns devoted to eliminating group prejudice, intolerance, bigotry and discrimination; DC. Study the problems in the event of civil unrest and examine the causes; ED. Study, review, analyze, and report to the Mayor, City Council and the City Manager the studies of state and federal agencies, and legislative enactments of state and federal governments, including but not limited to the several civil rights acts of the United States government and the state; FE. Work together with City, state and federal agencies in developing programs and events showing the contributions of the various groups to the culture and traditions of the City, state and nation, with support from the Office of the City Manager: 1. Recognize Chula Vista residents who contribute to improved human relations among all Chula Vistans on an annual basis. The Commission shall recommend Chula Vista residents for this honor following a nomination and selection process set forth by resolution of the Commission. Honorees will be recognized annually at a City Council meeting.; 2. In partnership with the Office of the Mayor and City Council, recognize various months of significance as set forth in Council Policy [number to be determined]. 3. In partnership with the Office of the Mayor and City Council, host celebrations or recognizeof significant days as set forth in Council Policy [number to be determined]. GF. Promote the establishment of local community organizations in building and strengthening relationships with community groups and nonprofits, including those that support the well-being of the unhoused community in Chula Vista; HG. Work with relevant boards and commissions, including the Chief’s Community Advisory Board, as needed to explore ways to improve municipal services and community relations within the scope of the Commission’s purpose as stated in CVMC 2.36.020(A); IH. Advise the City Council and the City Manager of policies and programs of a formal and informal nature that will aid in eliminating all types of discrimination based on race, religion, color, creed, national Page 253 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda origin, ancestry, age, gender, sexual orientation, disability, medical condition, place of birth, citizenship/immigration status, marital status, or military service, and secure the furnishing of equal services to all residents and maintain the quality of opportunity for employment and advancement in the City government. The Commission shall be advisory in its function, and shall have no police or enforcement powers. It shall issue no reports or recommendations except through the City Council and the City Manager. (Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011; Ord. 2543 § 2, 1993; Ord. 1909 § 2, 1980; Ord. 1857 § 1, 1979; Ord. 1120 § 1; prior code § 1.4.3). 2.36.040 Membership. A. The Human Relations Commission shall consist of 11 Voting Members and one Youth Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Three voting seats shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The eight remaining voting seats shall be divided equally among the Council districts and each Council district seat shall be appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). Members must be residents of the corresponding Council district and must maintain their district residency throughout their tenure. 1.3. The Youth Advisory Member shall meet the qualifications specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). B. The Members shall be: (1) representative of the diversity of the City; (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’s residents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civic activities of the City. (Ord. 3539 § 1(E), 2022; Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011). [Sections 2.36.050 and 2.36.060 remain unchanged] Page 254 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL RECOGNITION OF SPECIAL OBSERVANCES – Celebration of Heritage/History Months and Observances POLICY NUMBER EFFECTIVE DATE PAGE TBD July 16, 2024 1 OF 2 ADOPTED BY: (Resolution No.) DATED: AMENDED BY: Resolution No. (date of resolution) BACKGROUND The City of Chula Vista celebrates the rich diversity of residents and the contributions of various groups to the culture and traditions of the City, state and nation. These celebrations often are centered around heritage months as opportunities to celebrate achievements and traditions to help support an understanding of our own cultures and identities, as well as others. The Human Relations Commission is, among other things, tasked with working in partnership with the City Council office, to recognize various months of significance and host celebrations of significant days as set forth by this policy. PURPOSE To establish a policy of the Heritage/History Months to be recognized and significant days to be celebrated by the Human Relations Commission in partnership with the City Council. POLICY The Human Relations Commission shall work with the Office of the Mayor and City Council to recognize the following Heritage/History Months: Arab-American Month Asian American, Native Hawaiian and Pacific Islander Month Black History Month Disability Awareness Month Filipino American Month Hispanic Heritage Month Jewish American Month Native American Month Pride Month Women’s History Month The Commission shall, in partnership with the Office of the Mayor and City Council, host or participate in celebrations of the following significant days: Chula Vista Immigrants Day Fourth of July Page 255 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL RECOGNITION OF SPECIAL OBSERVANCES – Celebration of Heritage/History Months and Observances POLICY NUMBER EFFECTIVE DATE PAGE TBD July 16, 2024 2 OF 2 ADOPTED BY: (Resolution No.) DATED: AMENDED BY: Resolution No. (date of resolution) Indigenous Peoples Day Juneteenth Memorial Day Pride Seniors Day Veterans Day Youth Day Page 256 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Date: April 25, 2024 To: Honorable Mayor and Members of the City Council From: Human Relations Commission Re: Proposed Changes to Chula Vista Municipal Code Chapter 2.36 The Human Relations Commission considered proposed changes to the Chula Vista Municipal Code CVMC) Chapter 2.36 related to the Functions and Duties as well as Membership of the Commission as referred by City Council on February 20, 2024. The Commission and public’s input was considered at two regular meetings of the Commission: March 28 and April 25, 2024. The Commission’s feedback and recommendations are summarized below. Current CVMC Section Proposed Amendment HRC Feedback 2.36.030 In cooperation with other relevant boards and commissions and the Chief’s Community Advisory Board, the Human Relations Commission shall perform the following duties and functions: Consensus was reached to keep the language as is and reject the deletion of the “Chief’s Community Advisory Board”. 2.36.030 (B) B. The first duty of the Commission shall be to assist the City, by completing all required steps, to become a Certified Welcoming City; Commission considered and failed to pass two motions: 1. To replace the proposed amendment with “B. The ongoing duty of the Commission shall be to assist the City in becoming a truly Welcoming City, by identifying needs and measures to protect immigrant rights and increase well-being, using resources from networks like Welcoming America.” (Vote was 3-2) 2. To replace the proposed amendment with “B. The ongoing duty shall be to continue to help the city fulfill its commitment to welcome all peoples." (Vote was 3- 2) Some Commissioners believed it was important to keep the original mission of the Commission alive in some way, even if the City does not pursue certification. Page 257 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Some Commissioners believed that failing to include all or identifying specific groups would result in divisive language of one group vs. another. Some Commissioners expressed the need to identify and support marginalized people specifically immigrant members of the community. 2.36.030 (F) EF. Work together with City, state and federal agencies in developing programs and events showing the contributions of the various groups to the culture and traditions of the City, state and nation, with support from the Office of the City Manager: 1. Recognize on annual basis City of Chula Vista residents who contribute to improved human relations among all Chula Vistans. The commission shall recommend Chula Vista residents for this honor following a nomination and selection process and resolution by the commission. The honorees will be recognized at a regularly scheduled meeting of the City Council in the month of September. 2. Sponsor in partnership with Office of the Mayor and City Council: Black History Month, Women’s History Month, Asian/Pacific Islander Month, Jewish American Month, Arab-American Month, Disability Awareness Month, Pride Month, Hispanic Heritage Month, Filipino American Month, and Native American Month. 3. Sponsor in partnership with the Office of the Mayor and City Council significant days of celebration through official ceremony to be held at City Hall Complex at six pm to include- Memorial Day Celebration, Veterans Day Celebration, Pride Flag Raising Day, Juneteenth Flag Raising, Kumeyaay Heritage Celebration on Indigenous Peoples Day, Youth Day, and Seniors Day. 4. Cosponsor with the Office of the Mayor and City Council the annual 4th of July Independence Day Celebration and Fireworks Program Consensus was reached to support these changes as proposed, with the exception that acknowledgement of major faith traditions be recognized through a calendar on both Human Relations Commission and the main City website page. Page 258 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 5. Acknowledge through the Human Relations Commission City Website Page important dates of major faith traditions through a calendar. Include brief narratives that inform Chula Vista residents about such traditions. 2.36.030 (G) FG. Promote the establishment of local community organizations in building and strengthening relationships with community groups and nonprofits; In recognition of the growing community of unhoused Chula Vista residents promote understanding, cooperation, and general support for the well-being of this community. Consensus was reached to replace the proposed amendment with, Strengthen relationships with community groups and nonprofits that support and assist the growing unsheltered community in the City of Chula Vista.” 2.36.030 (H) GH. Work with relevant boards and commissions, including the Chief’s Community Advisory Board Office of the Police Chief, as needed to explore ways to improve municipal services and community relations within the scope of the Commission’s purpose as stated in CVMC 2.36.020(A); Consensus was reached to reject deletion of Chief’s Community Advisory Board and add “Office of the Police Chief”. 2.36.040 (A) A. The Human Relations Commission shall consist of 151 Voting Members and one Youth Advisory Member. Each City Council Member will nominate three members that reside in their respective districts, and the Mayor will nominate three at-large Chula Vista residents and the Youth Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. Commission supports keeping the membership to (11) members due to quorum issues as is. Commission failed to pass a motion that would have kept the Mayor as the nominating authority. Vote to keep the Mayor as nominating authority was4-1. Attachments: March 28, 2024, Human Relations Commission Meeting Minutes April 25, 2024, Human Relations Commission Meeting Minutes (DRAFT) Page 259 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Wie eee) Seti! CITY OF CHULA VISTA REGULAR MEETING OF THE HUMAN RELATIONS COMMISSION Meeting Minutes March 28, 2024, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: . Chair Branch, Commissioner Gomez, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Olaoye Absent: =. Commissioner Diaz, Commissioner Lares-Urquidez, Commissioner Pajanor, Commissioner Redondo Also Present: |. Adrianna Hernandez, Karia Mendez 1. CALL TO ORDER A regular meeting of the Human Relations Commission of the City of Chula Vista was Called to order at 6:12 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. a Tg ~ 2. ROLL-CALL ne —_— Secretary Mendez called the roll. - i CONSENT CALENDAR Moved by Commissioner Holm Seconded by Commissioner Olaoye Yes (5): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, and Commissioner Olaoye Page 260 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 3.1 3.2 Result:Carried (5 to 0) Approval of Meeting Minutes Written Communications PUBLIC COMMENTS No requests to speak or e-comments ACTION ITEMS 5.1 Discussion and Possible Action Regarding Proposed Changes to the Functions and Duties of the Human Relations Commission Staff Liaison Adrianna Hernandez introduced the item, gave presentation, and discussion ensued. Robert Johnson provided public comment regarding item 5.1 E- comments were submitted by the following people regarding item 5.1 Kathy Hardy Samuel Tsoi Alicia Riley Pedro Rios Benjamin Prado Erin Tsurumoto Grassi Margaret Baker Patricia Mondragon Emails were submitted by the following people regarding item 5.1 Kathy Tell Margaret Cargioli MargaretA. Baker Nancy Relaford Consensus was reached to keep the following language "...and the Chief's Community Advisory Board" in the function and duties of the Human Page 261 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Relations Commission, as stated in section 2.36.030 of the Chula Vista Municipal Code. Consensus was reached to summarize the discussion and multiple positions for CVMC 2.36.030 Functions and Duties - Section B. Consensus was reach in support of CVMC 2.36.030 Functions and Duties Section E-1 as written. Consensus was reached in support of CVMC 2.36.030 Functions and Duties- Section E-2 as written. Consensus was reached in support of CVMC 2.36.030 Functions and Duties- Section E-3 as written. Consensus was reached in support of CVMC 2.36.030 Functions and Duties- Section E-4 as written. Consensus was reached to acknowledge maior faith traditions through a calendar on both Human Relations Commission and the Main City website page in regard to CVMC 2.36.030 Functions and Duties- Section E-5. Recess was taken at 7:55 Meeting was Resumed 8:01 Consensus was reached for the following language "Strengthen relationships with community groups and nonprofits that support and assist the growing unsheltered community in the City of Chula Vista." in regard to CVMC 2.36.030 Functions and Duties - Section F. Consensus was reached for the following language " ... including and/or the Office of the Police Chief" and reject the deletion of "Chief's Community Advisory Board" in regard to CVMC 2.36.030 Functions and Duties - Sections G. Consensus to have the report summarize the following 4 commissioner in favor and 1 opposed for the Mayor as the nominating authority in regard to CVMC 2.36.040 - Membership. Moved by Chair Branch Seconded by Vice Chair Kean-Ayub CVMC 2.36.030 Functions and Duties - Section B: Use language provided by various member of the public as follows, "The ongoing duty of the Commission shall be to assist the City in becoming a truly Welcoming City, by identifying needs and measures to protect immigrant rights and 3 Page 262 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda increase well-being, using resources from networks like Welcoming America." Yes (2): Chair Branch, and Vice Chair Kean-Ayub No (3): Commissioner Hodge, Commissioner Holm, and Commissioner Olaoye Result:Defeated (2 to 3) Moved by Commissioner Holm Seconded by Commissioner Hodge CVMC 2.36.030 Functions and Duties - Section B: Use the suggested language by Commissioner Holm as follows," The ongoing duty shall be to continue to help the city fulfill its commitment to welcome all peoples." Yes (2): Commissioner Hodge, and Commissioner Holm No (3): Chair Branch, Vice Chair Kean-Ayub, and Commissioner Olaoye Result:Defeated (2 to 3) Moved by Chair Branch Seconded by Commissioner Olaoye Commission to support keeping membership of the Human Relations Commission to 11 Yes (5): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, and Commissioner Olaoye | Result:Carried (5 to 0) Moved by Commissioner Olaoye Seconded by Commissioner Hodge Keep Mayor as the nominating authority to the Human Relations Commission. Yes (4): Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, and Commissioner Olaoye No (1): Chair Branch Page 263 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 5.2 Result:Defeated (4 to 1) Updates, Discussion, and Possible Action Regarding Ad-Hoc Subcommittees Staff Liaison Adrianna Hernandez introduced the item. E - comment was submitted by the following people regarding item 5.2 Robert Johnson Email was submitted by the following people regarding item 5.2 Robert Johnson Staff Liaison Adrianna Hernandez gave summary of the Kumeyaay Park Event. The 2025 Ad-Hoc Subcommittee reported back to the commission with a revised list reflecting a list of possible event for the commission to endorse or promote and a second list with events that the commission would be active participants. Moved by Chair Branch Seconded by Vice Chair Kean-Ayub Disband the Kumeyaay Park Event Ad-Hoc Subcommittee Yes (5): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, and Commissioner Olaoye Result:Carried (5 to 0) Moved by Chair Branch Seconded by Vice Chair Kean-Ayub Commission to focus on items recommended by Councilmember Preciado along with South Bay Earth Day. Yes (5): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, and Commissioner Olaoye Result:Carried (5 to 0) OTHER BUSINESS Page 264 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda STAFF COMMENTS Secretary Karla Mendez shared information regarding South Bay Earth Day. CHAIR'S COMMENTS | COMMISSIONERS' COMMENTS Commissioner Hodge thanked City Staff and fellow commissioners for their work and contributions to the Human Relations Commission. . Commissioner Gomez thanked fellow commissioners and expressed his appreciation for the commission. ADJOURNMENT The meeting was adjourned at 8:57 p.m. Minutes prepared by: Karla Mendez Secretary Revnande2 fro Karla Mendez, Secretary Page 265 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 1 REGULAR MEETING OF THE HUMAN RELATIONS COMMISSION Meeting Minutes April 25, 2024, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Chair Branch, Commissioner Gomez, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Lares-Urquidez, Commissioner Olaoye, Commissioner Pajanor Absent: Commissioner Diaz, Commissioner Redondo Also Present: Staff Liaison Adrianna Hernandez 1. CALL TO ORDER A regular meeting of the Human Relations Commission of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL Secretary Hernandez called the roll. Chair Branch provided comments about the passing of Assistant Chief Phil Collum. 3. PUBLIC COMMENTS Robert Johnson provided public comment regarding noticing of meetings and other items. 4. ACTION ITEMS 4.1 Approval of Meeting Minutes Page 266 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 2 Moved by Commissioner Lares-Urquidez Seconded by Commissioner Holm Commission approve minutes. Yes (7): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Lares-Urquidez, Commissioner Olaoye, and Commissioner Pajanor Result:Carried (7 to 0) 4.2 Discussion and Consideration of Memorandum Regarding Proposed Changes to the Functions, Duties and Membership of the Human Relations Commission and Other Recommended Actions Staff Liaison Hernandez introduced the item and discussion ensued. Robert Johnson provided public comment regarding discrepancies in commission names and other items. Moved by Vice Chair Kean-Ayub Seconded by Commissioner Olaoye Approve the draft memo as written with one minor change to 2.36.030 (B) under HRC Feedback to include the word "people" after the word marginalized". Yes (7): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Lares-Urquidez, Commissioner Olaoye, and Commissioner Pajanor Result:Carried (7 to 0) Moved by Vice Chair Kean-Ayub Seconded by Commissioner Pajanor Chair Branch to present the Commission's feedback at the May 7, 2024 City Council meeting. Yes (7): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Lares-Urquidez, Commissioner Olaoye, and Commissioner Pajanor Result:Carried (7 to 0) Page 267 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 3 4.3 Updates, Discussion, and Possible Action Regarding Ad-Hoc Subcommittees No update on the Law Enforcement Review Board Ad-Hoc Subcommittee. Commissioners Hodge and Olaoye shared they will continue working on a list of events based on the proposal from City Council. Staff Liaison Hernandez shared the flag raising ceremony for Pride can be hosted on June 7th at 10 a.m. A planning meeting will be scheduled promptly. Chair Branch shared on update on the Juneteenth celebration which will take place on June 17th at 11 a.m. Planning is currently under way. OTHER BUSINESS 5. STAFF COMMENTS Staff Liaison Hernandez shared that the June meeting of the Commission may be cancelled due to staff conflicts. 6. CHAIR'S COMMENTS Chair Branch shared she attended South Bay Earth Day and had a great experience. 7. COMMISSIONERS' COMMENTS Commissioner Hodge shared she had a delightful experience at South Bay Earth Day and the music was incredible. She shared the Port of San Diego is hosting a multi-cultural day on the Chula Vista Bayfront on June 29, 2024. Commissioner Pajanor would like to discuss at a future meeting the possibility of hosting Commission meetings at community centers and the like to have more community presence. Commissioner Lares-Urquidez expressed her appreciation to the Mayor and City Council for her appointment to the Commission as she celebrates one year of service. Chair Branch reminded Commission members on the importance of confirming their attendance to meetings when receiving emails from City staff. This helps inform whether we will have enough members to quorum. 8. ADJOURNMENT The meeting was adjourned at 7:00 p.m. Page 268 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 4 Minutes prepared by: Adrianna Hernandez, Secretary Adrianna Hernandez, Secretary Page 269 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda CIW OF CHULA VISTA REGULAR MEETING OF THE HUMAN RELATIONS COMMISSION Meeting Minutes May 23, 2024, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Chair Branch, Commissioner Diaz, Commissioner Gomez, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Olaoye, Commissioner Pajanor, Commissioner Redondo, Commissioner Hecklinski Absent: Commissioner Lares-Urquidez Also Present: Adrianna Hernandez, Karla Mendez 1. CALL TO ORDER A regular meeting of the Human Relations Commission of the City of Chula Vista was called to order at 6:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL Secretary Mendez called the roll. Commissioner Hodge joined the meeting at 6:10 p.m. Commissioner Redondo left the meeting at 7:35 p.m. 3. CONSENT CALENDAR Moved by Vice Chair Kean-Ayub Seconded by Commissioner Olaoye 1 Page 270 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Commission approved consent calendar. Yes (8): Chair Branch, Commissioner Diaz, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Olaoye, Commissioner Pajanor, Commissioner Redondo, and Commissioner Hecklinski Result: Carried (8 to 0) 3.1 Approval of Meeting Minutes 3.2 Written Communications 4. PRESENTATIONS 4.1 Presentation by Deputy City Manager/Public Works Director Matt Little: Keeping Chula Vista Safe, Clean and Well -Maintained, A Status Update on Measure P Chair Branch introduced the item, and Deputy City Manager Matt Little presented on a status update on Measure P. Discussion and questions ensued among commissioners and presenter. Gina E provided public comment regarding item 4.1. 5. PUBLIC COMMENTS The following members of the public provided public comment: Mary Davis Gina E. Robert Johnson Martha Souza Anna 6. ACTION ITEMS 6.1 Discussion and Possible Action Regarding Proposed Changes to the Functions and Duties of the Human Relations Commission Staff Liaison Adrianna Hernandez introduced the item and discussion ensued. The following member of the public provided public comment: Robert Johnson E Page 271 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Consensus was reached to summarize the discussion to reflect multiple positions for CVMC 2.36.030 Functions and Duties - Section E-6. Moved by Chair Branch Seconded by Vice Chair Kean-Ayub Support CVMC 2.36.030 Functions and Duties - Section E - 6 as written by Councilmember Preciado " Sponsor Chula Vista Immigrants Day at City Hall Complex and highlight Welcoming Chula Vista programs and services for all immigrant communities." Yes (3): Chair Branch, Vice Chair Kean-Ayub, and Commissioner Pajanor No (5): Commissioner Hodge, Commissioner Holm, Commissioner Olaoye, Commissioner Redondo, and Commissioner Hecklinski Abstain (1): Commissioner Diaz Result: Defeated (3 to 5) Moved by Commissioner Hodge Seconded by Commissioner Holm Do not support CVMC 2.36.030 Functions and Duties- Section E-6 as proposed and instead eliminate the sentence " Sponsor Chula Vista Immigrants Day at Chula Vista Complex and highlight Welcoming Chula Vista programs and services for all immigrant communities. " Yes (3): Commissioner Hodge, Commissioner Holm, and Commissioner Olaoye No (4): Chair Branch, Vice Chair Kean-Ayub, Commissioner Pajanor, and Commissioner Hecklinski Abstain (1): Commissioner Diaz Result: Defeated (3 to 4) 6.2 Discussion and Possible Action on the Annual Report of Activities for Fiscal Year 2023/24 Moved by Commissioner Pajanor Seconded by Commissioner Olaoye Approve the Annual Report of Activities for Fiscal Year 2023/24 3 Page 272 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Yes (8): Chair Branch, Commissioner Diaz, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Olaoye, Commissioner Pajanor, and Commissioner Hecklinski Result: Carried (8 to 0) 6.3 Updates, Discussion, and Possible Action Regarding Ad -Hoc Subcommittees The following member of the public provided public comment: Gina E Vice Chair Kean-Ayub provided comments on the focus of the Law Enforcement Review Board Ad -Hoc Subcommittee. Vice Chair Kean-Ayub provided comments on the details regarding the Pride Flag Raising event. Chair Branch provided comments on the details regarding the Juneteenth Flag Raising Event. OTHER BUSINESS 7. STAFF COMMENTS Staff Liaison Adrianna Hernandez informed the Commission that the Human Relation Commission meeting in June has been cancelled. 8. CHAIR'S COMMENTS Chair Branch reported back to the commission on the Presentation to City Council regarding the Human Relations Commission feedback on the changes to the duties and function of the commission. 9. COMMISSIONERS' COMMENTS Commissioner Redondo invited commissioners to sit at his table at the Harvey Milk Diversity Breakfast. Commissioner Hodge really enjoys being on the commission and working with everyone. Commissioner Diaz apologized for two previous absences and stated the reason for absence. Commissioner Hecklinski requested more information about the Ad -Hoc Subcommittees and how to be a part of the subcommittees. n Page 273 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda ommissioner Olaoye was glad to see time change for events. Asked if for July 4th the commission needed to be there. Commissioner Gomez asked about the feedback from Mayor and Council regarding commission's membership. 10. ADJOURNMENT The meeting was adjourned at 8:11 p.m. Minutes prepared by: Karla Mendez Secretary K rla Mendez, Secretary 5 Page 274 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda 8.3 Human Relations Commission: Amend Chula Vista Municipal Code Chapter 2.36 “Human Relations Commission” Related to the Functions, Duties, and Membership of the Commission, Adopt a Council Policy Designating Special Observances, and Appropriate Funds B.The Members shall be: (1) representative of the diversity of the City; PRESENT COUNCIL MEMEBERS DO NO NOT REPRESENT THE CITY DIVERSITY (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’sresidents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civicactivities of the City. (Ord. 3539 §1(E), 2022; Ord. 3405 §1, 2017; Ord. 3211 §10, 2011). 2.36.030 (B) B. The first duty of the Commission shall be to assist the City, by completing all required steps, to become a Certified Welcoming City; considered and failed to pass Commission two motions: 1. To replace the proposed amendment with “B. The ongoing duty of the Commission shall be to assist the City in becoming a trulyWelcoming City, by identifying needs and measures to protect immigrant rights and increase well-being, using resources from networks like Welcoming America.” (Vote was 3-2) 2. To replace the proposed amendment with “ B. The ongoing duty shall be to continue to help the city fulfill its commitment to welcome all peoples." (Vote was 3-2 Written Communications Item 8.3 - Acosta Received 8/12/2024 Page 275 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Certified Welcoming Complaint Form Welcoming America takes certification very seriously. We encourage individuals to bring concerns about noncompliance. Once a complaint is filed, the following steps will be taken: 1. If found to be out of compliance with the Welcoming Standard, will be asked to resolve it through the corrective action process. For additional information about filing a complaint and/or the complaint resolution process, please see the Standard Operating Procedure or contact Welcoming America at certified@welcomingamerica.org Written Communications Item 8.3 - Acosta Received 8/12/2024 Page 276 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Item 8.3: Human Relations Commission Adrianna Hernandez, Special Projects & Legislative Manager Karla Mendez, Community Engagement Specialist Page 277 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Background 2017 Human Relations Commission Re-Established February 2024 City Council Referral to Human Relations Commission on Proposed Changes May 2024 Commission presents feedback to Council on Proposed Changes August 2024 Council Considers Ordinance Implementing Changes to Functions/Duties and Membership Page 278 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Proposed Changes to CVMC Chapter 2.36 Expansion of the duties and functions to include an annual recognition program of community members and recognition of several months of significance Inclusion of groups and nonprofits that support the unsheltered community Removal of reference to the Chief’s Community Advisory Board Removal of reference to Welcoming City Change of membership requirements and nominating authority for Commission members Page 279 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda CVMC 2.36.040 Proposed Membership 11 Voting Members & 1 Youth Advisory Member Three (3) voting seats nominated by Mayor Two (2) voting seats nominated by District 1 Two (2) voting seats nominated by District 2 Two (2) voting seats nominated by District 3 Two (2) voting seats nominated by District 4 Youth Advisory Member nominated by Mayor Page 280 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Council Policy •Arab-American Month •Asian American, Native Hawaiian and Pacific Islander Month •Black History Month •Disability Awareness Month •Filipino American Month •Hispanic Heritage Month •Jewish American Month •Native American Month •Pride Month •Women’s History Month Heritage/ History Months •Chula Vista Immigrants Day* •Fourth of July •Indigenous Peoples Day •Juneteenth •Memorial Day* •Pride •Seniors Day* •Veterans Day* •Youth Day* Significant Days of Celebration * New celebrations Page 281 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda A) Place an ordinance on first reading amending various sections in Chapter 2.36 of the Chula Vista Municipal Code “Human Relations Commission” to amend the functions and duties of the Commission and processes by which Commissioners are nominated and appointed (First Reading); and B) Adopt a resolution adopting a City Council policy entitled, “City Council Recognition of Special Observances” and amending the fiscal year 2024-25 budget to appropriate funds accordingly. (4/5 Vote Required) Recommended Action: Page 282 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda v . 0 03 P a g e | 1 August 13, 2024 ITEM TITLE Boards and Commissions: Consider Annual Reappointments to City Boards and Commissions REAPPOINTMENTS TO FIRST TERMS (Initial term less than two years) Robert Colon-Torres (formerly Robert Maisonet), Board of Ethics Christine Brady, Cultural Arts Commission Mary Johnson, Health, Wellness, and Aging Commission Sandra Hodge, Human Relations Commission Martin Calvo, Parks and Recreation Commission Guy Chambers, Privacy Protection and Technology Advisory Commission Hayley Salaza, Sustainability Commission Jeanine Sharkey, Sustainability Commission Tanya Wiliams, Veterans Advisory Commission REAPPOINTMENTS TO SECOND TERMS Larry Disharoon, Charter Review Commission Freda Hernadez-Nader, Health, Wellness, and Aging Commission Norman Paddock, Housing and Homelessness Advisory Commission Appaswamy “Vino” Pajanor, Human Relations Commission Report Number: 2024-0196 Location: No specific geographic location Department: City Clerk Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(C)(3) no environmental review is required. Recommended Action Make the reappointments as appropriate. Page 283 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 2 SUMMARY The City Clerk has scheduled reappointments for members of the City Boards and Commissions who are interested and eligible to serve an additional term, unless otherwise requested by the nominating authority for the seat, in accordance with Chula Vista Municipal Code (CVMC) Section 2.25.055. Regardless of the applicable reappointment process, each member of a Board or Commission shall be reappointed by at least three affirmative votes of the City Council. 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 this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City Clerk has scheduled reappointments for members of the City Boards and Commissions for City Council consideration. Reappointments are scheduled for members who are interested and eligible to serve an additional term, unless otherwise requested by the nominating authority for the seat, per CVMC 2.25.055. Regardless of the applicable reappointment process, each member of a Board or Commission shall be reappointed by at least three affirmative votes of the City Council. When an incumbent is not reappointed, the seat is filled using the applicable appointment process. The rosters of all boards and commissions are provided in Attachment 1. Reappointments The following table shows eligible reappointments for board and commission members. The attendance and training records for these members are included in Attachment 2. Reappointments table on the following page. Page 284 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda P a g e | 3 REAPPOINTMENTS TO FIRST TERM (INITIAL TERM LESS THAN TWO YEARS) Name Board/Commission Robert Colon-Torres (formerly Robert Maisonet) Board of Ethics Christine Brady Cultural Arts Commission Mary Johnson Health, Wellness, and Aging Commission Sandra Hodge Human Relations Commission Martin Calvo Parks and Recreation Commission Guy Chambers Privacy Protection and Technology Advisory Commission Hayley Salazar Sustainability Commission Jeanine Sharkey Sustainability Commission Tanya Williams Veterans Advisory Commission REAPPOINTMENTS TO SECOND TERM Name Board/Commission Larry Disharoon Charter Review Commission Freda Hernandez-Nader Health, Wellness, and Aging Commission Norman Paddock Housing Homelessness Advisory Commission Appaswamy "Vino" Pajanor Human Relations Commission DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT This item will have no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS 1. Board and Commission Rosters 2. Training and Attendance Records Staff Contacts: Karina Lafarga, Deputy City Clerk Audrey Malone, Deputy Director, City Clerk Services Kerry K. Bigelow, MMC, City Clerk Page 285 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Board of Ethics Roster Filing Categories: 1,2 Positions: 7 Vacant: 0 Secretary: Doris Cornejo Chair: Isidro Barragan Vice Chair: Leslie Hurst Last Name First Name Address Barragan Isidro District 4 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/25/2023 06/30/2027 1 0 10/01/2019 10/15/2019 06/30/2023 At-Large Replaced Voorhees Colon-Torres Robert District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 03/19/2024 03/26/2024 06/30/2024 At-Large Replaced Guerrero Gersten William District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 09/27/2022 10/04/2022 06/30/2025 At-Large Replaced Wellings Hurst Leslie District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 12/12/2023 01/09/2024 06/30/2026 At-Large Replaced Davenport Salas Bobby District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 03/19/2024 03/26/2024 06/30/2026 At-Large Replaced Torres Torres Jose District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 07/25/2023 06/30/2027 0 0 09/27/2022 10/04/2022 06/30/2023 At-large Replaced Teel Velissaropoulos Alexia District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 7 07/25/2023 06/30/2027 0 7 09/27/2022 10/04/2022 06/30/2023 At-large Replaced Chinn Printed: 06/24/2024 Page 286 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Charter Review Commission Roster Filing Categories: 1,2,7 Positions: 7 Vacant: 1 Secretary: Doris Cornejo Chair: TBD Vice Chair: Jan Buddingh Last Name First Name Address Buddingh Jan District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 1 08/10/2021 06/30/2025 1 1 07/24/2018 08/07/2018 06/30/2021 At-Large Replaced Bellamy Disharoon Larry District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 5 07/28/2020 08/04/2020 06/30/2024 At-Large Replaced Ross Glanz Todd District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 6 07/28/2020 06/30/2024 At-Large Replaced Felber Hopida Edgar District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 3 08/10/2021 06/30/2025 1 3 08/15/2017 09/12/2017 06/30/2021 At-Large Replaced Spethman Inzunza Michael District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 4 08/10/2021 06/30/2025 0 4 10/20/2020 11/03/2020 06/30/2021 At-Large Replaced O'Donnell Lopez Victor District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 7 04/18/2023 04/25/2023 06/30/2026 At-Large Replaced McDonald-Hernandez R VACANT - Scofield James District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 2 08/09/2022 06/30/2026 1 2 12/10/2019 01/07/2020 06/30/2022 At-Large Replaced De La Rosa Printed: 12/19/2023 Page 287 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Civil Service Commission Roster Filing Categories: 3 Positions: 5 Vacant: 1 Secretary: Felipe Ladron de Guevara Chair: Lourdes Nunez-Silva Vice Chair: Cory Fish Last Name First Name Address Carbuccia Jennifer District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 1 08/10/2021 06/30/2025 1 1 06/28/2017 06/30/2021 0 1 02/04/2016 02/16/2016 06/30/2017 Appointed by City Council Replaced Villegas-Zuniga Fish Cory District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 2 07/28/2020 06/30/2024 1 2 08/22/2017 09/12/2017 06/30/2020 Council appt from nomination by Commission Replaced Reeve Nunez-Silva Lourdes District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 3 07/25/2023 06/30/2027 0 3 04/18/2023 04/25/2023 06/30/2023 Council Appointment from nomination by Classified Employees Replaced Salas S Strong Andrew District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 5 04/18/2023 04/25/2023 06/30/2025 Council Appointment from nomination by Classified Employees Replaced Gersten W VACANT - Sepulveda Angelica District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 4 09/15/2020 09/22/2020 06/30/2024 Appointed by City Council (Mayor)Replaced Gonzalez Printed: 03/26/2024 Page 288 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Cultural Arts Commission Roster Filing Categories: N/A Positions: 10 Vacant: 2 Secretary: Erwin Magbanua Chair: Taylor Ward Vice Chair: John Zarem Last Name First Name Address Bishop Kate District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 1 08/09/2022 06/30/2026 0 1 07/28/2020 08/04/2020 06/30/2022 Arts Professional Replaced Penunuri Brady Christine District 4 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 07/25/2023 08/08/2023 06/30/2024 At-Large Replaced Redondo Gray Sophia District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 2 08/09/2022 06/30/2026 1 2 06/12/2018 06/30/2022 0 2 03/04/2017 03/07/2017 06/30/2018 Arts Professional Replaced Zhivago Kohse Lee District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 3 08/09/2022 06/30/2026 1 3 11/05/2019 11/12/2019 06/30/2022 Arts Professional Replaced Daniels Maynard Lorise District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/28/2020 06/30/2024 1 0 06/22/2017 07/11/2017 06/30/2020 Arts Professional Replaced Prater Muraoka Ken District 4 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 07/25/2023 06/30/2027 0 0 02/21/2023 03/07/2023 06/30/2023 At-Large Replaced Rodriguez T Ward Taylor District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 08/09/2022 06/30/2026 1 0 02/05/2019 02/26/2019 06/30/2022 Arts Professional Replaced Sywyj Zavala Daniel District 4 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 08/09/2022 06/30/2026 0 0 04/26/2022 05/03/2022 06/30/2022 At-Large Replaced Roberts Printed: 10/19/2023 Page 289 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Health Wellness and Aging Commission Roster Filing Categories: N/A Positions: 10 Vacant: 1 Secretary: Carolina Gonzalez Chair: Barbara Orozco-Valdivia Vice Chair: * TBD Last Name First Name Address Edwan Marisol District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 02/21/2023 03/07/2023 06/30/2026 Expert Representative Replaced Melgoza Hernandez-Nader Freda District 4 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 07/28/2020 08/04/2020 06/30/2024 District 4 Representative Replaced Velo Johnson Mary District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 02/21/2023 03/14/2023 06/30/2024 Expert Representative Replaced Rodriguez A Mallen Pat District Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 08/08/2023 09/11/2023 06/30/2027 District 1 Representative Replaced Cruz Martinez Lucia District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/28/2020 06/30/2024 1 0 06/14/2016 06/30/2020 0 0 04/12/2016 04/14/2016 06/30/2016 District 2 Representative Original Member Montano Monica District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 03/01/2022 03/15/2022 06/30/2025 Expert Representative Replaced De Murguia Murphy Elizabeth District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/25/2023 06/30/2027 1 0 07/28/2020 08/04/2020 06/30/2023 Expert Representative Replaced Milburn Orozco-Valdivia Barbara District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 08/10/2021 06/30/2025 0 0 01/05/2021 02/02/2021 06/30/2021 Expert Representative Replaced Partida Lopez Persichilli Joycelyn District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 07/25/2023 08/30/2023 06/30/2026 At-Large Council District 3 Replaced Quiroz Printed: 10/03/2023 Page 290 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Health Wellness and Aging Commission Roster Filing Categories: N/A Positions: 10 Vacant: 1 Secretary: Carolina Gonzalez Chair: Barbara Orozco-Valdivia Vice Chair: * TBD Last Name First Name Address VACANT - Youth Advisory Member District Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 01/05/2023 06/30/2023 Youth Advisory Member New seat, no prioir appointments Printed: 10/03/2023 Page 291 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Housing Homelessness Advisory Commission Roster Filing Categories: N/A Positions: 9 Vacant: 1 Secretary: Carolina Gonzalez Chair: Anna Cabral Vice Chair: James Merino Last Name First Name Address Cabral Anna District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 08/10/2021 06/30/2025 1 0 08/15/2017 09/12/2017 06/30/2021 At-Large Replaced Torres Carlseen Peter District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 03/07/2023 06/30/2026 Appt added in error 1 0 03/07/2023 06/30/2026 At-Large Replaced Bustamante J Merino James District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 08/10/2021 06/30/2025 1 0 06/20/2017 06/30/2021 0 0 08/16/2016 08/18/2016 06/30/2017 Expert Representative Replaced Zaker Montoya-Cesena Juliette District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 03/07/2023 06/30/2026 Ex-Officio Replaced Owusu S Pacheco Karla District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 03/07/2023 06/30/2026 Ex-Officio Replaced Hoyos, M. Paddock Norman District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 11/17/2020 12/01/2020 06/30/2024 Tenant Rep. (62 yrs or older)Replaced Cudal Robinson Opeodu Vikki District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 12/14/2021 01/25/2022 06/30/2025 Expert Representative Replaced Quero Whitsell Paula District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 02/21/2023 03/07/2023 06/30/2026 Expert Representative Replaced Lisama VACANT - Robles Ana Ruth District Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 06/14/2016 06/30/2020 Tentative Representative Replaced Resse 0 0 07/14/2015 06/30/2016 Printed: 10/03/2023 Page 292 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Human Relations Commission Roster Filing Categories: N/A Positions: 12 Vacant: 1 Secretary: Karla Mendez Chair: Petrina Branch Vice Chair: Nadia Kean-Ayub Last Name First Name Address District Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 04/23/2024 05/07/2024 06/30/2025 At - Large Replaced Baber Branch Petrina District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 1 08/09/2022 06/30/2026 1 1 06/12/2018 06/30/2022 0 1 11/07/2017 11/21/2017 06/30/2018 At-Large Original Member Diaz David District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 2 07/25/2023 07/27/2023 06/30/2027 At-Large Replaced Godinez Gomez Christian District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 4 07/25/2023 06/30/2025 0 4 05/16/2023 05/23/2023 06/30/2023 Youth Advisory Member 1st seat appoitmnet Hecklinski Tiffany District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 04/23/2024 05/07/2024 06/30/2025 At - Large Replaced Baber Hodge Sandra District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 10/17/2023 10/24/2023 06/30/2024 At - Large Replaced Custodio-Tan Holm Julie District 4 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 5 07/25/2023 07/26/2023 06/30/2027 At-Larga Replaced Ratner Kean-Ayub Nadia District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 6 08/09/2022 06/30/2026 1 6 01/22/2019 02/05/2019 06/30/2022 At-Large Replaced Bordeaux Lares-Urquidez Leticia District 4 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 8 04/18/2023 04/25/2023 06/30/2026 At-Large Replaced Medina R Olaoye Mopelola District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 9 07/27/2021 08/10/2021 06/30/2025 At-Large Replaced Gonzalez D Printed: 06/13/2024 Page 293 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Human Relations Commission Roster Filing Categories: N/A Positions: 12 Vacant: 0 Secretary: Karla Mendez Chair: Petrina Branch Vice Chair: Nadia Kean-Ayub Last Name First Name Address Pajanor Appaswamy "Vino" District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 10 06/14/2022 08/09/2022 06/30/2024 At Large Replaced Martinez-Montes Redondo Jeff District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 7 07/25/2023 08/29/2023 03/02/2027 At - Large Replaced Lake Printed: 06/13/2024 VACANT - Felix William 06/30/2024 At - Large Original Member Page 294 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Parks and Recreation Commission Roster Filing Categories: N/A Positions: 8 Vacant: 2 Secretary: Barbara Locci Chair: Martin Calvo Vice Chair: Nicole Enriquez Last Name First Name Address Calvo Martin District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 7 04/18/2023 04/25/2023 06/30/2024 At-Large Replaced German M Conser Brianna District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/25/2023 06/30/2027 1 0 05/18/2021 06/01/2021 06/30/2023 At-Large Replaced Doyle Enriquez Nicole District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 08/09/2022 06/30/2026 1 0 09/11/2018 09/18/2018 06/30/2022 District 2 Representative Replaced Buddingh Gregorio Rennsie District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/28/2020 06/30/2024 1 0 07/19/2016 08/02/2016 06/30/2020 At-Large Replacing Vogel Padilla Ashleigh District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/25/2023 06/30/2027 1 0 09/15/2020 09/22/2020 06/30/2023 District 3 Representative Replaced Fernandez Zarem John District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 08/10/2021 06/30/2025 1 0 06/28/2017 07/11/2017 06/30/2021 District 1 Representative Replaced Soto VACANT - Garcia-Lopez Maria District Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 09/18/2018 06/30/2022 1 0 07/17/2014 08/05/2014 06/30/2018 District 4 Representative Replaced Gerace VACANT - Youth Advisory Member District Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 01/05/2023 06/30/2023 Youth Advisory Member New seat, no prior appointments Printed: 06/13/2024 Page 295 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Planning Commission Roster Filing Categories: 1,2,3,4,5,6,7 Positions: 7 Vacant: 0 Secretary: Mariluz Zepeda Chair: Michael De La Rosa Vice Chair: Jerome Torres Last Name First Name Address Burroughs Krista District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 08/10/2021 06/30/2025 PC Rep for Bayfront Cultural & Design Committee 1 0 06/28/2017 07/11/2017 06/30/2021 At-Large Replaced Liuag Combs Jim District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 09/20/2022 09/27/2022 06/30/2025 Qualified Professional Replaced Nava De La Rosa Michael District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/25/2023 06/30/2027 1 0 07/23/2019 06/30/2023 0 0 11/28/2018 12/18/2018 06/30/2019 Qualified Professional Replaced Anaya Felber Bryan District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 09/20/2022 09/27/2022 06/30/2026 At- Large Replaced Gutierrez Leal Rodrigo District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 08/08/2023 09/12/2023 06/30/2026 Qualified Professional Replaced Milburn Torres Jerome District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/25/2023 06/30/2027 1 0 07/23/2019 06/30/2023 PC Rep for Bayfront Cultural & Design Committee 0 0 04/09/2019 04/16/2019 06/30/2019 At-Large Replaced Calvo Zaker Max District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/28/2020 06/30/2024 1 0 07/19/2016 08/02/2016 06/30/2020 At-Large Replacing Fragomeno Printed: 10/03/2023 Page 296 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Privacy Protections and Technology Advisory Commission Roster Filing Categories: 5 Positions: 8 Vacant: 1 Secretary: Cristina Hernandez Chair: Susan Lake Vice Chair: Pati Ruiz Last Name First Name Address Batson Marlano District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 8 01/09/2024 01/16/2024 06/30/2025 Ex-Officio Original Memmber, Appointed by City Council - City Manager Chambers Guy District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 5 12/12/2023 01/09/2024 06/30/2024 At-Large Origimal Member - Appointed by City Council - Mayor Godinez Robert District 4 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 12/12/2023 01/09/2024 06/30/2024 At-Large Original Member - Appointed by City Council - D3 Lake Susan District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 4 12/12/2023 01/09/2024 06/30/2027 At-Large Original Member - Appointed by City council - D4 Ruiz Pati District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 2 11/28/2023 01/09/2024 06/30/2026 At-Large Origimal Member - Appointed by City Council - D2 Williams Devon District 4 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 7 11/28/2023 01/09/2024 06/30/2026 At-Large Original Member - Appointed by City Council - Mayor Wood Eric District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 1 11/28/2023 01/09/2024 06/30/2027 At-Large Original Member - Appointed by City Coouncil - D1 Printed: 06/13/2024 VACANT - Gonzalez Adolfo 06/30/2025 At-Large Original Member- Appointed by City Council - Mayor Page 297 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Sustainability Commission Roster Filing Categories: N/A Positions: 9 Vacant: 2 Secretary: Monica Rodriguez Chair: Christos Korgan Vice Chair: Adriana Guevara Gluyas Last Name First Name Address Alatorre Raymundo District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 1 03/07/2023 06/30/2026 At-Large Replaced Legaspi Costello Abigail District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 8 02/13/2024 02/20/2024 06/30/2025 Youth Advisory Member Seat's 1st appointment Guevara Gluyas Adriana District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 2 0 07/25/2023 06/30/2027 1 0 07/23/2019 04/08/2019 06/30/2023 0 0 03/26/2019 04/08/2019 06/30/2019 At-Large Replaced Valen Knox John District 1 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 4 03/07/2023 06/30/2025 At-Large Replaced Matthias,T Korgan Christos District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 5 08/10/2021 06/30/2025 0 5 07/09/2019 07/23/2019 06/30/2021 At-Large Replaced McMillin Salazar Hayley District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 6 03/07/2023 06/30/2024 At-Large Replaced Rodriguez,A Sharkey Jeanine District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 07/25/2023 08/08/2023 06/30/2024 At-Large Replaced A Rodriguez VACANT - Fairley Crystal District 4 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 2 03/07/2023 06/30/2026 At-Large Replaced Richeson VACANT - Youth Advisory Member District Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 8 01/05/2023 06/30/2023 Youth Advisory Member New seat, no prior appointments 0 8 Youth Advisory Member Printed: 06/13/2024 Page 298 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Veterans Advisory Commission Roster Filing Categories: N/A Positions: 7 Vacant: 2 Secretary: Karina Aguilar Chair: Nimpa Akana Vice Chair: * TBD Last Name First Name Address Akana Nimpa District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 03/07/2023 06/30/2026 At-Large Replaced Larkin Castro Francia District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 07/25/2023 08/08/2023 06/30/2025 At-Large Replaced Moyer Pine Lynne District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 12/07/2021 01/25/2022 06/30/2025 At-Large Replaced Sears Stewart Anthony District 2 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 12/12/2023 01/09/2024 06/30/2026 At-Large Replaced Hooker 2 0 06/14/2016 06/30/2020 1 0 07/17/2012 08/07/2012 06/30/2016 Replaced Pellerin Williams Tanya District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 0 0 03/07/2023 06/30/2024 At-Large Replaced Torres,J VACANT - Martinez Henry District 3 Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 07/25/2023 08/08/2023 06/30/2027 At-Large Replaced Mueller VACANT - Balolong Maria District Term Position Appoint Swear in Term Exp.Appt. Criteria Comments 1 0 07/28/2020 06/30/2024 At-Large Replaced Stewart Printed: 06/13/2024 Page 299 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Term Appt Process Board & Commission Name Appointment Date Ethics Training (in compliance*) FY 23/24 FY 22/23 FY 21/22 FY 20/21 FY 19/20 0 O Board of Ethics Colon-Torres, Robert 03/19/24 Y ---- 0 A Cultural Arts Commission Brady, Christine 07/25/23 Y 0/4 ---- 0 A Health Wellness and Aging Commission Johnson, Mary 02/21/23 N 0/4 0/0 --- 0 A Human Relations Commission Hodge, Sandra 10/17/23 Y 0/6 --- 0 A Parks and Recreation Commission Calvo, Martin 04/18/23 Y 1/2 0/2 --- 0 A Privacy Protections and Technology Advisory Chambers, Guy 12/12/23 Y 0/2 --- 0 A Sustainability Commission Salazar, Hayley 03/07/23 Y 0/1 --- 0 A Sustainability Commission Sharkey , Jeanine 07/25/23 Y ---- 0 A Veterans Advisory Commission Williams, Tanya 03/07/23 Y 1/6 0/1 --- 1 A Charter Review Commission Disharoon, Larry 07/28/20 Y 2/4 1/8 2/5 0/7 - 1 C Health Wellness and Aging Commission Hernandez-Nader, Freda 07/28/20 Y 1/4 0/1 0/2 1/6 - 1 A Housing Homelessness Advisory Commission Paddock, Norman 11/17/20 Y 0/2 0/3 2/4 3/3 - 1 A Human Relations Commission Pajanor, Appaswamy "Vino"06/14/22 Y 1/7 1/6 --- Appointment Process: A - General Appointment, C -District Based Appointment, O - B&C Individual Municipal Code * A member is considered compliant with the ethics training requirement when:A) He/She has completed ethics training within the past two years and provided a certificate of completion to the City Clerk's office; ORB) He/She has not yet completed ethics training and has served less than one year (all members have one year to complete theinitial ethics training) ** Attendance is reported in the following format: Number of Meetings Missed (excused or unexcused absences) / Number of Meetings Held (meetings held prior to an individual being appointed are not included) Commissioner Attendance & Training Records Terms Expiring June 30, 2024 Attendance (Meetings Missed/Meetings Held**) 0/2 0/6 1/5 Page 300 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Consider Forming a City Council Subcommittee on Outdoor Dining How will the parking problem be affected or made worse that prevents many seniors from frequenting Chula Vista Village during evenings or weekends Written Communications Item 11.2 - Acosta Received 8/12/2024 Page 301 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda The first Chula Vista Age-Friendly Action Plan was adopted in 2018. Written Communications Item 11.2 - Acosta Received 8/12/2024 Page 302 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Written Communications Item 11.2 - Acosta Received 8/12/2024 Page 303 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda The City of Chula Vista joined the World Health Organization (WHO) and the American Association of Retired Persons (AARP) to create an inclusive environment where all city staff, community organizations, service providers, and the greater community think about issues regarding livability of our neighborhoods and city by viewing daily life through a 'lens of 'age.' Written Communications Item 11.2 - Acosta Received 8/12/2024 Page 304 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Friday, August 09, 2024 Most Popular 1. Her car was towed because she wasn’t able to move it. She went into debt to get it back As Chula Vista ramps up its enforcement of parking laws, advocates worry the crackdown is hurting seniors. But they have ideas for reform. Written Communications Item 11.2 - Acosta Received 8/12/2024 Page 305 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE CALIFORNIA LEGISLATIVE BLACK CAUCUS’S 2024 REPARATIONS PRIORITY BILL PACKAGE WHEREAS, in 2020, as a member of the California Assembly, now Secretary of State Dr. Shirley Weber introduced California Assembly Bill 3121 (2019-2020 Leg. Sess.), initiating a task force to research and formulate reparations proposals for African Americans; and WHEREAS, on June 29, 2023, the California Task Force to Study and Develop Reparations Proposals for African Americans (Reparations Task Force) issued its final report to the State legislature, which compiled empirical data and evidence on chattel slavery and the harm inflicted on Black residents; and WHEREAS, the California Legislative Black Caucus introduced the 2024 Reparations Priority Bill Package in response to the historic California Reparations Task Force Report released last summer; and WHEREAS, the 2024 Reparations Priority Bill Package includes the following fourteen measures: (1) California Assembly Bill 1929 (2023-2024 Reg. Sess.) (A.B. 1929) that expands access to career technical education by creating a competitive grant program to increase enrollment of descendants in STEM-related CTE programs at the high school and college level. (2) California Assembly Bill 3131 (2023-2024 Reg. Sess.) (A.B. 3131) that provides career education financial aid for redlined communities. This change was not introduced. (3) California Constitutional Amendment 7 (2023-2024 Reg. Sess.) (A.C.A. 7) that proposes amendments to the California Constitution to allow the State to fund programs for the purpose of increasing the life expectancy of, improving educational outcomes for, or lifting out of poverty specific groups based on race, color, ethnicity, national origin, or marginalized genders, sexes, or sexual orientations. (4) California Assembly Concurrent Resolution 135 (2023-2024 Reg. Sess.) (C.R.C. 135) that formally recognizes and accepts responsibility for the harms and atrocities committed by representatives of the State of California who promoted, facilitated, enforced and permitted the institution of chattel slavery. (5) California Assembly Bill 1815 (2023-2024 Reg. Sess.) (A.B. 1815) that prohibits discrimination based on natural and protective hairstyles by extending the CROWN Act, including in competitive sports within California. (6) California Senate Bill 1050 (2023-2024 Reg. Sess.) (S.B. 1050) that establishes an Office of Legal Affairs within the California American Freedmen Affairs Agency responsible for investigating racially motivated eminent domain and provides a process to restore property taken during race-based uses of eminent domain to its original owners or provide another effective remedy where appropriate, such as restitution or compensation. Page 306 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Resolution No. Page 2 (7) California Assembly Bill 3089 (2023-2024 Reg. Sess.) (A.B. 3089) that issues a formal apology for human rights violations and crimes against humanity on African slaves and their descendants. (8) California Constitutional Amendment 8 (2023-2024 Reg. Sess.) (A.C.A. 8) that proposes amendments to the state constitution to prohibit involuntary servitude for incarcerated persons. (9) California Assembly Bill 1986 that eliminates the California Department of Corrections and Rehabilitation’s (CDCR) practice of banning books without oversight and review. (10) California Assembly Bill 2064 (2023-2024 Reg. Sess.) (A.B. 2064) that funds community-driven solutions to decrease community violence at the family, school and neighborhood levels in African American communities by establishing a state-funded grant program. (11) California Assembly Bill 280 (2023-2024 Reg. Sess.) (A.B. 280) amending the Mandela Act to restrict solitary confinement within CDCR detention facilities. (12) California Assembly Bill 1975 (2023-2024 Reg. Sess.) (A.B. 1975) that makes medically supportive food and nutrition interventions, when deemed medically necessary by healthcare providers, a permanent part of Medi-Cal benefits in California. (13) California Senate Bill 1089 (2023-2024 Reg. Sess.) (S.B. 1089) that addressed food injustice by requiring advance notification to community stakeholders prior to the closure of a grocery store in underserved or at-risk communities. (14) California Assembly Bill 2862 (2023-2024 Reg. Sess.) (A.B. 2862) that eliminates barriers to licensure for people with criminal records and expands Assembly Bill 2138 to prioritize African American applicants seeking occupational licenses, especially those who are descendants. WHEREAS, the CLBC’s 2024 Reparations Priority Bill Package recognizes the need for deliberate efforts to dismantle systemic racism and promote inclusive policies that rectify historical injustices and ensure equitable opportunities for all citizens; and WHEREAS, the City Council desires to affirm the City of Chula Vista’s commitment to equity and inclusion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it declares its full support of the California Legislative Black Caucus’s 2024 Reparations Priority Bill Package, which contains the following fourteen measures pending in the California State Legislature: AB 1929; AB 3131; ACA 7; ACR 135; AB 1815; SB 1050; AB 3089; ACA 8; AB 1986; AB 2046; AB 280; AB 1975; SB 1089; and AB 2862. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it urges the California State Legislature to approve and the Governor to sign all the bills in the California Legislative Black Caucus’s 2024 Reparations Priority Bill Package. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it requests the City Manager to transmit this Resolution to the City’s lobbyists and other appropriate individuals to ensure this Resolution is received by state representatives and made part of the Page 307 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Resolution No. Page 3 official record of support for the California Legislative Black Caucus’s 2024 Reparations Priority Bill Package. Presented by Approved as to form by Jose Preciado Marco A. Verdugo City Councilmember, District 2 City Attorney Page 308 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda The U.S. Deported a Million of Its Own Citizens to Mexico ... Jul 12, 2019 —The U.S. Deported a Million of Its Own Citizens to Mexico Downplaying Deportations: How Textbooks Hide the Mass Expulsion of Mexican Americans During the Great Depression The Administration’s horrifying record on immigration, exemplified by the heartbreaking scenes of family separation during the summer of 2018, sparked a new round of discussion and debate about U.S. deportation policy. It also recalls an earlier time in U.S. history, nearly 90 years ago, when Mexican Americans and Mexican immigrants were ousted from the country in enormous numbers Written Communications Item 12.1 - Acosta Received 8/12/2024 Page 309 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda America's Forgotten History Of Mexican- American 'Repatriation' During the 1930s and into the 1940s, up to 2 million Mexicans and Mexican- Americans were deported or expelled from cities and towns across the U.S. and shipped to Mexico. According to some estimates, more than half of these people were U.S. citizens, born in the United States Written Communications Item 12.1 - Acosta Received 8/12/2024 Page 310 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Written Communications Item 12.1 - Acosta Received 8/12/2024 Page 311 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda INS Records for 1930s Mexican Repatriations Mexican and Mexican-American families wait to board Mexico-bound trains in Los Angeles on March 8, 1932. According to research, one-third of LA's Mexican population was expelled between 1929 and 1944 as a result of these practices. Written Communications Item 12.1 - Acosta Received 8/12/2024 Page 312 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda America's Forgotten History Of Mexican- American 'Repatriation' During the 1930s and into the 1940s, up to 2 million Mexicans and Mexican-Americans were deported or expelled from cities and towns across the U.S. and shipped to Mexico. According to some estimates, more than half of these people were U.S. citizens, born in the United States Written Communications Item 12.1 - Acosta Received 8/12/2024 Page 313 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Governmental audits are essential for ensuring transparency, accountability, and responsible management of public resources. Here’s why cities undergo these audits: Compliance with Federal Requirements: Cities receive federal grants, loans, and other assistance.To ensure compliance with federal regulations, they undergo audits to verify that funds are used appropriately1. Financial Accountability: Audits assess whether cities adhere to state laws, regulations, and their own policies.They evaluate financial statements, ensuring proper accounting and controls to prevent misuse of public funds2. Public Confidence: Audits instill confidence among citizens and stakeholders by providing unbiased assessments of resource management and effectiveness in achieving intended results3. Written Communications Item 15.1 - Acosta Received 8/12/2024 Page 314 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda •Chula Vista Councilmember Andrea Cardenas Under Investigation for Violating Public Disclosure Laws on Conflict of Interest and Economic Interest •FPPC investigates Chula Vista Councilmember Andrea Cardenas over alleged violations of public disclosure laws related to conflicts of interest and economic interests •The Fair Political Practices Commission (FPPC) of California is investigating claims that Andrea Cardenas, a Councilmember in Chula Vista, violated public disclosure laws relating to conflicts of interest and economic interests, •according to a May 3 report by the San Diego Union-Tribune. •The FPPC has notified Laura Wilkinson Sinton, who filed the complaint in February, that it will be looking into the allegations made against Cardenas. Sinton, a cannabis business owner in the area, previously sued the city in 2020 over a permit application for her own business, •Caligrown. •According to the FPPC complaint, Cardenas failed to disclose the •cannabis companies represented by Grassroots Resources, the political consulting firm that she works for, in her public statements of economic interest. Written Communications Item 15.1 - Acosta Received 8/12/2024 Page 315 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Written Communications Item 15.1 - Acosta Received 8/12/2024 Page 316 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda Verdugo proposes council member suspensionByAlbert Fulcher11/24/2023 •Chula Vista City Attorney candidate Attorney Marco Verdugo held a press conference in the Chula Vista City Council courtyard Monday, proposing •a three-point comprehensive Anti-Corruption Action Plan to fight corruption and hold City Hall accountable. •“Chula Vista is infamous for its campaign finunlimited timeframe of which candidates are allowed ance loopholes, most notably the to carry debt after the election,” he said. Verdugo wants to clearly define “extension of credit” •My plan is a commitment to restoring faith in our city’s governance and ensuring that Chula Vista is a model for ethical leadership Written Communications Item 15.1 - Acosta Received 8/12/2024 Page 317 of 317 City of Chula Vista - City Council August 13, 2024 Post Agenda