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Agenda Packet 2018_09_11 5pm
September 11, 2018City Council Agenda CONSENT CALENDAR (Items 1 - 5) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. WRITTEN COMMUNICATIONS Letters of resignation: A. Mark Valen, Sustainability Commission B. Audrey Bordeaux, Human Relations Commission 18-04081.18-0408 Council accept the resignations. Recommended Action: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR-HIRE REGULATIONS BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND THE CITY OF CHULA VISTA B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.54, REGULATING TAXICABS AND OTHER FOR-HIRE VEHICLES THROUGH ADOPTION OF SAN DIEGO METROPOLITAN TRANSIT SYSTEM CODIFIED ORDINANCE NO. 11 (FIRST READING) 18-03532.18-0353 Police Department Department: 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. In addition, notwithstanding the foregoing, the “Project” also qualifies for an Exemption pursuant to Section 15061(b) (3) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution and place the ordinance on first reading. Recommended Action: Page 2 City of Chula Vista Printed on 9/6/2018 2 September 11, 2018City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH ADVANTAGE SENTRY AND PROTECTION, INC. TO PROVIDE INMATE TRANSPORTATION SERVICES 18-04033.18-0403 Police Department Department: 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. Environmental Notice: Council adopt the resolution. Recommended Action: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE “TRAFFIC SIGNAL MODIFICATIONS BROADWAY / F STREET AND BROADWAY / G STREET (TRF0402)” PROJECT TO SELECT ELECTRIC, INC., IN THE AMOUNT OF $521,769; AND TRANSFERRING $130,000 IN TRANSNET APPROPRIATIONS FROM STM0397 TO TRF0402 (4/5 VOTE REQUIRED) 18-03544.18-0354 Engineering Department Department: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution. Recommended Action: INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2018 18-03925.18-0392 Finance Department Department: 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. Environmental Notice: Council accept the report. Recommended Action: ITEMS REMOVED FROM THE CONSENT CALENDAR Page 3 City of Chula Vista Printed on 9/6/2018 3 September 11, 2018City Council Agenda PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $50,165 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 18-04006.18-0400 Police Department Department: 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. Environmental Notice: Council conduct the public hearing and adopt the resolution. Recommended Action: BOARD AND COMMISSION REPORTS PRESENTATION BY MEASURE P CITIZENS' OVERSIGHT COMMITTEE CHAIR CHRIS REDO OF THE MEASURE P COC ANNUAL REPORT COVERING THE INITIAL REPORTING PERIOD OF APRIL 1 THROUGH JUNE 30, 2017 AND AN UPDATE ON MEASURE P PROJECTS 18-04027.18-0402 Administration Department Department: 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. Environmental Notice: Council hear the report. Recommended Action: ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. Page 4 City of Chula Vista Printed on 9/6/2018 4 September 11, 2018City Council Agenda A. DELIBERATION AND NOMINATIONS OF APPLICANTS TO BE INTERVIEWED FOR THE FOLLOWING AT-LARGE MEMBER SEATS ON THE MEASURE A CITIZENS’ OVERSIGHT COMMITTEE: -AT-LARGE MEMBER - DISTRICT 1 REPRESENTATIVE: Becky Cortez, Nadia Kean-Ayub, Marc Marconi, Tim Marsh, Quentin Redman, Phillip Rhamy, David Stucky, and Bernardo Vasquez -AT-LARGE MEMBER - DISTRICT 2 REPRESENTATIVE: Pedro Anaya, Jan High, Kevin O’Neill, Joseph Raso, Tom Salvestrini, Daniel Vaccaro, and Maria Whitehorse -AT-LARGE MEMBER - DISTRICT 3 REPRESENTATIVE: Jennifer Becker, John McKay, Heather Rubio, Jose Serrato, and Nick Todaro B. SELECTION OF DATE AND TIME OF OPEN MEETING OR MEETINGS TO CONDUCT INTERVIEWS OF: -APPLICANTS RECEIVING TWO OR MORE NOMINATIONS FOR THE AT-LARGE MEMBER SEATS FOR DISTRICTS 1, 2, AND 3 -ALL APPLICANTS FOR THE AT-LARGE MEMBER - DISTRICT 4 REPRESENTATIVE SEAT; AND -ALL APPLICANTS FOR THE SEVEN DESIGNATED MEMBER SEATS (AS DEFINED IN CVMC 2.63.050(C)) 18-03918.18-0391 City Clerk Department: 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. Environmental Notice: Page 5 City of Chula Vista Printed on 9/6/2018 5 September 11, 2018City Council Agenda Council nominate applicants to be interviewed for applicable At -Large Member seats, discuss and provide staff with direction regarding the interview process, and select date (s) and time(s) for an open meeting or meetings to conduct required interviews. Recommended Action: CITY MANAGER’S REPORTS MAYOR’S REPORTS RATIFICATION OF APPOINTMENTS OF THE FOLLOWING: Jim Combs, Board of Appeals and Advisors Christian Moreno, Board of Library Trustees Patrick Macfarland, Housing Advisory Comm. (At-Large Seat) Ricardo Gutierrez, Human Relations Commission Vianney Ruvalcaba, Sustainability Commission 18-03889.18-0388 COUNCILMEMBERS’ COMMENTS CITY ATTORNEY'S REPORTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney’s office in accordance with the Ralph M. Brown Act (Government Code 54957.7). CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): [1] Case 18-039410.18-0394 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) Name of case: City of Chula Vista v. Douglas E. Barnhart, Inc., San Diego Superior Court, Case No. 37-2016-00045312 -CU-BC-CTL 18-039811.18-0398 ADJOURNMENT to the Regular City Council Meeting on September 18, 2018, at 5:00 p.m., in the Council Chambers. Page 6 City of Chula Vista Printed on 9/6/2018 6 September 11, 2018City Council Agenda Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk’s Office at (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. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAPS In accordance with California Government Code Section 66458(d), notice is hereby given that the City Engineer has reviewed and, immediately following this City Council meeting of September 11, 2018, will approve the following final maps: "Chula Vista Tract No. 09-03 Boulevard at Millenia (Eastern Urban Center)", EP787, for the property located at the Southeast Corner of Millenia Avenue and Strata Street; and "Chula Vista Tract No. 11-01, Otay Ranch Village 2 and Portions of Village 4 Neighborhood R-7 Unit No. 3, OR870F, for the property located at the Southwest corner of Cathedral Oaks Road and Donze Avenue Specifically, the City Engineer has caused the maps to be examined and has made the following findings: (1) The maps substantially conform to the approved tentative maps, and any approved alterations thereof and any conditions of approval imposed with said tentative maps. (2) The maps comply with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative maps. (3) The maps are technically correct. Said maps will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer ’s action to City Council no later than 2:00 p.m., 10 calendar days from the date of this City Council meeting. A valid appeal must identify the improper/incorrect finding and the basis for such conclusion. If you have any questions about the map approval findings or need additional information about the maps or your appeal rights, please feel free to contact Boushra Salem, Principal Civil Engineer, at (619) 409-5483. Page 7 City of Chula Vista Printed on 9/6/2018 7 1 Leah Larrarte To:Connie Green Subject:RE: Mark Valen - Sustainability Commission From: Mark Valen Sent: Saturday, August 25, 2018 12:38 PM To: Manuel Medrano <mmedrano@chulavistaca.gov> Cc: Coleen Wisniewski <CWisniewski@chulavistaca.gov>; Connie Green <cgreen@chulavistaca.gov>; Dennis Gakunga <DGakunga@chulavistaca.gov> Subject: Mark Valen ‐ Sustainability Commission Greetings City Sustainability staff, During this summer I have had to change residences and this time I'm unfortunately outside of city limits. I have not yet changed my voter registration status, as my name still exists on another lease in Chula Vista, despite it not being my primary residence. This move, along with increasing obligations during most evenings have made my participation in the commission increasingly difficult. As much as I looked forward to continuing my second term until its completion, I'm afraid I will no longer be able to participate in commission activities. I look forward to continuing to work with the City on sustainability related issues with the landscape and sustainability programs at Southwestern College. I apologize for short notice and for any inconvenience this may cause. Sincerely, Mark Valen 8 9 P a g e | 1 September 11, 2018 File ID: 18-0353 TITLE A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR-HIRE REGULATIONS BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND THE CITY OF CHULA VISTA B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.54, REGULATING TAXICABS AND OTHER FOR-HIRE VEHICLES THROUGH ADOPTION OF SAN DIEGO METROPOLITAN TRANSIT SYSTEM CODIFED ORDINANCE NO. 11 (FIRST READING) RECOMMENDED ACTION Council adopt the resolution and place the ordinance on first reading. SUMMARY The Police Department recommends contracting with San Diego Metropolitan Transit System (MTS) to regulate taxicabs and other for-hire vehicles, which would provide a high level of regulatory service to a greater number of for-hire vehicles, to the benefit of public safety. 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. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the “Project” qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION AB 1069 changed taxi regulation in California. The bill was supported by the taxi industry to make taxis more competitive with Uber and Lyft by reducing operating costs. The bill replaced longstanding city-by- city regulation, requiring multiple permits and fees, with regional regulation and a single permit and fee. Enacted in 2017, the bill imposes requirements on cities that are effective on January 1, 2019. One, in order 10 P a g e | 2 to require a business license, the taxi company must be substantially located in the city. Substantially located means the taxi company has a primary business address in the city, or the largest share of the taxi’s originating trips are in the city, as demonstrated by a taxicab operator. Two, a city must create a Joint Powers Agreement with other government entities, or enter into an agreement with a transit agency, for the purpose of regulating taxicab companies and taxicab drivers. Three, regardless of where a taxi is substantially located or the type of regional regulation adopted, cities may impose certain regulations on taxis, including: a) limiting the number of taxicab providers that may use taxi stand areas or pick up street hails; b) requiring taxicab service providers to provide services in a manner that ensures equal access for all populations in the city; and c) enacting other public health, safety or welfare ordinances relating to taxicabs. The Traffic Unit of the Police Department administers the City’s taxicab ordinance, Section 5.54 of the Chula Vista Municipal Code. The Department issues taxi medallions as part of the annual business license renewal process. Taxicab businesses are required to pay an annual City business license fee of $150 for the first taxi and $50 for each additional taxi. The City currently has 27 licensed taxicab businesses with a total of 54 cabs, bringing in $5,400 in annual license fees. Earlier this year, the Department sent letters to taxicab businesses licensed in Chula Vista to advise them that the City was considering contracting with the Metropolitan Transit System (MTS) by January 1, 2019, as a result of AB 1069. The letter included a link to AB 1069 and welcomed questions and comments. The Police Department is recommending transferring regulation of taxicabs to MTS. MTS is a transit agency that has been providing transit services in the region since 1976 (originally named the Metropolitan Transit Development Board), including bus and trolley services in Chula Vista. MTS has a dedicated Taxicab Administration unit and a robust inspection program to protect the public safety. Responsibilities include determining owner eligibility; inspecting vehicles; issuing permits; monitoring compliance with administrative and operational regulations; and investigating passenger complaints. In addition to regulating taxis, the Taxicab Administration unit regulates other for-hire transportation services, such as jitneys (shuttles following a fixed route), charter, sightseeing, low-speed and non-emergency medical vehicles. MTS provides regulatory services by contract for these vehicles in most cities in its service area, including El Cajon, Imperial Beach, National City, La Mesa, Lemon Grove, Poway, Santee and San Diego. Only Coronado and Chula Vista administer their own taxicab regulations, and Chula Vista does not regulate jitneys, sightseeing, low-speed or non-emergency medical vehicles in any manner, other than requiring a business license. A fact sheet on the MTS Taxicab Administration, which lists services and fees, is attached to this report. Transfer would provide a higher level of regulatory service to a greater number of transportation services to the benefit of public safety and would free up Police Department personnel to work on other public safety needs. Transfer would require amending the City’s ordinance to adopt the MTS ordinance and entering into an agreement with MTS. The proposed ordinance reserves the City’s ability to regulate any taxi stands that may be established in future development, as well as requires taxi companies that are substantially located in Chula Vista, as defined by AB 1069, to pay an annual business license tax. 11 P a g e | 3 If Council approves, the agreement with MTS will go to the MTS board for consideration. If approved by the MTS board, the agreement would become effective on November 1, 2018. If the MTS board approves, the Department would notify taxicab licensees by letter. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Approving the agreement for taxicab administration supports the goal of operational excellence by allowing San Diego Metropolitan Transit System to regulate taxicab companies and taxicab drivers, which would free up Police Department personnel to work on other public safety matters. CURRENT-YEAR FISCAL IMPACT As part of the annual business license renewal process, the City will continue to collect business licenses from the taxicab businesses, which is $5,400 annually. Approving the agreement with MTS for taxicab administration will result in no current-year fiscal impact. ONGOING FISCAL IMPACT Approving the agreement with MTS for taxicab administration will have no ongoing fiscal impact. ATTACHMENTS ATTACHMENT 1: Agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Vehicle Regulations ATTACHMENT 2: Ordinance amending Chula Vista Municipal Code Section 5.54, Taxicabs, redline-strikeout ATTACHMENT 3: Ordinance amending Chula Vista Municipal Code Section 5.54 ATTACHMENT 4: MTS Taxicab Administration fact sheet ATTACHMENT 5: MTS Codified Ordinance No. 11, Providing for the Licensing and Regulating of Transportation Services Within the City Staff Contact: Captain Vern Sallee, Police Department 12 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR-HIRE REGULATIONS BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND THE CITY OF CHULA VISTA WHEREAS, the City of Chula Vista, through its Police Department, regulates taxi cab operators in the city by requiring a certificate to operate issued by the Chief of Police; and WHEREAS, with 27 taxicab companies and a total of 54 taxicabs licensed to operate in Chula Vista, the City collects $5,400 annually, based on a $150 fee for the first cab and a $25 fee for the second cab; and WHEREAS, Assembly Bill No. 1069, signed into law by California’s governor in 2017 and effective on January 1, 2019, requires cities to either create a Joint Powers Authority or enter into an agreement with a transit agency, such as the San Diego Metropolitan Transit System (MTS), to regulate taxicab companies and taxicab drivers; and WHEREAS, the Police Department recommends contracting with MTS to regulate taxicabs and other for-hire vehicles, which would provide a high level of regulatory service to a greater number of for-hire vehicles, to the benefit of public safety, and would free up Department personnel to work on other public safety matters; and WHEREAS, as authorized by California Public Utilities Code Section 12066, the MTS for years has contracted with most cities in its service area, such as National City, Imperial Beach, San Diego, Lemon Grove, El Cajon, Santee and Poway, to provide full-service regulation of taxicabs and other for-hire transportation services; and WHEREAS, pursuant to MTS Codified Ordinance No. 11, regulation includes determining owner eligibility, inspecting vehicles, issuing permits, monitoring compliance with administrative and operational regulations and investigating passenger complaints; and WHEREAS, AB 1069 reserved rights of cities to regulate taxi stands in their jurisdictions and to require taxicab companies that are substantially located in Chula Vista, as defined by AB 1069, to obtain a business license. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement for Administration of Taxicab and Other For-Hire Vehicle Regulations between the San Diego Metropolitan Transit System and the City of Chula Vista, 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. 13 Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 14 G2122.0-18 AGREEMENT FOR ADMINISTR ATION OF TAXIC AB AND OTHER FOR-HIRE VEHICLE REGULATIONS BETWEEN SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND CITY OF CHULA VISTA THIS AGREEMENT is entered into by and between the City of Chula Vista,a municipal corporation,276 4th Avenue,Chula Vista,CA (herein called “CITY”),and the San Diego Metropolitan Transit System,a public agency,1255 Imperial Avenue,Suite 1000,San Diego,CA (herein called “MTS”),in view of the following recitals,which are a substantive part of this Agreement: RECITALS A.MTS is authorized under Section 120266,Chapter 2,Division 11 of the California Public Utilities Code (PUC),to enter into contracts to regulate transportation services within a city in its area of jurisdiction; B.CITY is within MTS’s jurisdiction created January 1,1976,under Section 120050,et seq.,Chapter 2,Division 11 of the PUC; C.CITY regulated taxicab and other for-hire vehicles in accordance with the Chula Vista City Municipal Code,Chapter 5.54.010;and D.CITY desires that MTS regulate taxicabs and other for-hire vehicles and services such as charter vehicles,sight-seeing vehicles,nonemergency medical vehicles,and jitney vehicles pursuant to PUC Section 120266 and in accordance with MTS Ordinance No.11,“An Ordinance Providing for the Licensing and Regulating of Transportation Services W ithin the City” NOW THEREFORE,in consideration of the mutual covenants and conditions contained in this Agreement,CITY and MTS agree as follows: 1.MTS will administer and enforce its taxicab and other for-hire vehicles Ordinance policies and regulations as in effect on November 1,2018, and as thereafter from time to time amended by MTS, and thereby regulate such taxicab and other for-hire vehicles and transportation services rendered wholly within the CITY’s corporate limits during the period of November 1,2018 through June 30, 2019, pursuant to PUC Section 120266. 2.MTS will collect and administer all such regulatory fees,fines,and forfeitures as now or hereafter provided by the MTS Taxicab and Other For-Hire Vehicles Ordinance No.11 policies,and regulations. 3.The CITY Manager and MTS Chief Executive Officer may supplement this agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of taxicab and other for-hire vehicles regulation and to provide for reimbursable staff and legal support services. 15 G2122.0-18 4.This Agreement shall be effective upon execution by the City and MTS and shall continue until written notice of termination.This Agreement may be terminated at any time by either party upon 180 days’written notice to the other party. IN W ITNESS THEREOF,this agreement is executed by the CITY acting by and through its Mayor pursuant to Council Resolution No., and by MTS acting through its Chief Executive Officer. CITY OF CHULA VISTA SAN DIEGO METROPOLITAN TRANSIT SYSTEM Mary Casillas Salas Paul C. Jablonski Mayor Chief Executive Officer Date:Date: W E HEREBY APPROVE the form of the foregoing Agreement. Glen R.Googins Office of the General Counsel City Attorney Date:Date: Attest: -2-16 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 1/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. Chapter 5.54 TAXICABS AND OTHER FOR-HIRE VEHICLES* Sections: 5.54.010 Purpose – Intent. 5.54.020 Certificate – License required. 5.54.030020 Definitions. 5.54.040 Certificate – Application – Contents. 5.54.050 Certificate – Application – Investigation required. 5.54.055 Inspection criteria. 5.54.060 Certificates issued by police chief. 5.54.070 Certificate for existing licensed taxicabs. 5.54.080 Certificate – Cancellation as certified operator. 5.54.090 Insurance required. 5.54.100 Fare rates. 5.54.110 Certificate – Cancelled when. 5.54.120 Certificate – Grounds for suspension or revocation. 5.54.130 Certificate – To be surrendered when. 5.54.140 Route required. 5.54.150 Receipts for passengers. 5.54.160 Fare – Nonpayment deemed infraction when. 5.54.170 Soliciting for patronage prohibited when. 5.54.180 Exceeding rated seating capacity prohibited. 5.54.190 Parking prohibited where – Exceptions. 5.54.200 Obedience to orders of police and firefighters required. 5.54.210 Drivers’ permits required. 5.54.220030 Taxicab stands – Established – Designation. 5.54.230040 Taxicab stands – Unattended vehicles prohibited when. 5.54.240050 Taxicab stands – Hours of operation. 5.54.250 Certificate – Number to be displayed on vehicle. 5.54.260 Color scheme restrictions. 5.54.270 Information cards – Display required where – Contents. 5.54.280 Violation – Penalty. 5.54.290 Appeals to city council. * For statutory provisions for local regulation of vehicles for hire, see Veh. Code § 16501; for provisions for carriers generally, see Civil Code § 2065, et seq., and Public Util. Code § 200, et seq.; for provisions for financial responsibility of taxicab companies, see Veh. Code § 16500, et seq. Prior ordinance history: Prior code §§ 31.5, 31.17 – 31.28, 31.38 – 31.44 and Ords. 1911 and 1881. 17 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 2/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. 5.54.010 Purpose – Intent. The purpose of this chapter is to regulate taxicab operators in the city to best serve the public interest and to permit a sufficient degree of flexibility in operation so as to allow an increased number of vehicles to be operated under the direction and supervision of a certified operator during peak demand hours. Any vehicles operating and picking up passengers within the city shall first have paid the license tax and administrative fee provided in the master fee schedule and meet all requirements for operation as set forth in this chapter. It is the intent of the city to prohibit the transfer of a certificate by an approved operator. It shall be required that any such operator surrender his certificate to the city if he should cease to do business within the city. (Ord. 2574 § 1, 1993; Ord. 2003 § 2, 1982). The purpose of this chapter is to provide for the regulation of taxicabs and other for-hire vehicles within the city of Chula Vista through adoption of San Diego Metropolitan Transit System (MTS) Codified Ordinance No. 11, and to implement the provisions of California Public Utilities Code Section 12066 by contract with MTS to license and regulate for-hire transporation services within the city. 5.54.020 Certificate – License required. No person shall engage in the business of operating any taxicab or taxicabs within the city without first having obtained a certificate to operate from the police chief. All vehicles shall meet the standards and qualifications for vehicles and drivers as provided by this chapter and the full license tax must be paid, regardless of the duration of the time the taxicabs are assigned to operation within the city. Should reports be received that the procedure is being violated, the operator’s certification may be suspended or revoked. Every person conducting, managing or operating a business in which taxicabs are used shall pay an annual tax as set forth in Section 5.54.020 of the master tax schedule in CVMC 5.07.030, prorated to the nearest quarter. (Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.030020 Definitions. For the purposes of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. “Certified operator” means a person authorized by the police chief to operate a taxicab or taxicabs in the city and who has been issued a certificate for the operation of such vehicles. B. “Driver” means every person in charge of, or operating, any passenger-carrying or motor-propelled vehicle, either as agent, employee, or otherwise, of owner; as owner; or under the direction of the owner. C. “Person” means any individual, partnership, association, corporation or other organization owning, operating or proposing to operate any taxicab or taxicabs within the city. D. “Street” means any place commonly used for the purpose of public travel. E. “Taxicab” means every automobile or motor-propelled vehicle of a distinctive color or colors, and/or of public appearance such as in common usage in this country for taxicabs (e.g., vehicles such as pickup trucks and dune buggies would not normally be used for taxicab purposes), and/or operated at rates per mile, or for wait-time, or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the city, and not over a defined 18 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 3/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. route, and irrespective of whether the operations extend beyond the boundary lines of the city, and such vehicle is routed under the direction of such passenger or passengers, or of such persons hiring the same. G. “Taximeter” means and includes any mechanical or electronic instrument, appliance, device or machine by which the charge for hire of a passenger-carrying vehicle is mechanically or electronically calculated for distance traveled and time consumed, and upon such instrument, appliance, device or machine, such charge is indicated by figures. H. “Flag drop” means the starting of the taximeter at the time that the taxi is hired. Flag drop may also be understood to mean the initial charge assessed at the time the taxicab is hired. (Ord. 2574 § 2, 1993; Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). The definitions set forth in Section 1.1 of San Diego Metropolitan Transit System Codified Ordinance No. 11 shall govern this chapter. 5.54.040 Certificate – Application – Contents. All persons applying for a certificate for the operation of one or more taxicabs shall file a sworn application therefor on forms provided, stating as follows: A. The name and address of the owner and person applying; B. The number of vehicles the applicant wishes to be certified to operate in Chula Vista; C. The intended make, type, year and passenger seating capacity of each taxicab to be operated in Chula Vista; E. A description of the proposed color scheme, insignia, trade style and/or any other distinguishing characteristics of the proposed taxicab design; F. Such other information as the police chief may in his discretion require. (Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.050 Certificate – Application – Investigation required. Before any application is acted upon, the police chief shall cause an investigation to be made of: A. The number, kind and type of equipment and the color scheme to be used. All vehicles, if they are more than two years of age, must have on deposit with the city a certification showing that an annual inspection meeting the requirements and standards set forth in CVMC 5.54.055 has been made by an acceptable government agency or an inspection station licensed under Section 9887.1 of the Business and Professions Code of the state and approved by the chief of police or designee. Failure to satisfy said inspection requirements may result in the suspension of the certificate for said vehicle until necessary corrections have been made. Said inspection shall be renewed on an annual basis. All vehicles shall be owned by the certified operator. Where certified operator is an association, each member of the association shall be the owner of that member’s taxicab(s). B. Each certified operator shall be the owner of said taxicabs and shall maintain said vehicles in a clean and sanitary condition at all times. Where certified operator is an association, each 19 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 4/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. member of the association shall be the owner of that member’s taxicab(s), and be responsible for maintaining that member’s vehicle(s) in a clean and sanitary condition at all times. If any of said taxicabs are leased to drivers by the certified operator, the certified operator shall immediately provide the police chief with a copy of said lease; or names of lessees holding leases in a form previously submitted and on file; provided, however, that such lease arrangement shall not relieve the certified operator of any responsibilities and obligations for the safe maintenance and cleanliness of the taxicabs which has been leased. (Ord. 2574 § 3, 1993; Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.055 Inspection criteria. Specific criteria for taxicabs to pass inspection shall be determined and published in policy form by the chief of police or designee. Minimum taxicab standards which must be maintained to comply with this section shall include, but not be limited to, the following: A. Tires. Tires shall meet the requirements of the California Vehicle Code. Hubcaps or wheel covers shall be on all wheels for which hubcaps or wheel covers are standard equipment. B. Taximeter. Taximeter shall have been inspected, tested, approved and sealed by an authorized representative of the state of California, and thereafter so maintained in a manner satisfactory to the chief of police or designee. Taximeter shall be working with the inspection seal in its original, unbroken state. C. Brakes. Brakes, brake lights or brake systems shall be operable and otherwise meet the requirements of the California Vehicle Code. Both the parking and hydraulic or other brake system must be operable. D. Mirrors. Side and rear-view mirrors shall not be missing or defective. E. Interior/Exterior. The interior and exterior of the taxicab shall be maintained in a safe and efficient operating condition, and meet California Vehicle Code requirements and the requirements of this chapter at all times when in operation. F. Interior. The interior of each vehicle and the trunk or luggage area shall be maintained in a reasonably clean condition, free of foreign matter, offensive odors and litter. The seats shall be kept reasonably clean and without large wear spots. The door handles and doors shall be intact and clean. The trunk or luggage area shall be kept empty, except for spare tire and personal container for the driver, not exceeding one cubic foot in volume, and emergency equipment, to allow maximum space for passenger luggage and belongings. G. Body Condition. There shall be no tears or rust holes in the taxicab body and no loose pieces hanging from the taxicab body. Fenders, bumpers and light trim shall be securely fixed to the taxicab. No extensive unrepaired body damage shall be allowed. The taxicab shall be equipped with front and rear bumpers. The exterior of the taxicab shall be maintained in a reasonably clean condition so as not to obscure the approved color scheme and/or taxicab markings. H. Paint. The taxicab shall be painted and marked in accordance with CVMC 5.54.260. I. Lights. Headlights shall be operable on both high and low beam. Taillights, parking lights, signal lights, and interior lights shall all be operable. 20 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 5/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. J. Wipers. Each taxicab shall be equipped with adequate windshield wipers maintained in good operating condition. K. Steering. Excessive play in the steering mechanism shall not exceed three inches free play in turning the steering wheel from side to side. L. Engine. The engine compartment shall be reasonably clean and free of uncontained combustible materials. M. Mufflers. Mufflers shall be in good operating condition. N. Windows. The windshield shall be without cracks or chips that could interfere with the driver’s vision. All other windows shall be intact and able to be opened and closed as intended by the manufacturer. The windows and windshield shall be maintained in a reasonably clean condition so as not to obstruct visibility. O. Door Latches. All door latches shall be operable from both the interior and exterior of the taxicab. P. Suspension. The taxicab’s suspension system shall be maintained so that there are no sags because of weak or broken springs, or excessive motion when the taxicab is in operation because of weak or defective shock absorbers. Q. Seats. All seats shall be securely fastened. Seat belts, when required by the California Vehicle Code, shall be installed. The upholstery shall be free of grease, holes, rips, torn seams and burns. R. Each taxicab shall be equipped with a device which shall plainly indicate to a person outside the taxicab whether the taximeter is in operation or is not in operation. S. Each taxicab shall be assigned a body number by the certified operator. The trade name and body number shall be painted or permanently affixed in letters and numerals no less than four inches high on both sides and the rear of the taxicab. T. All taxicabs shall be equipped and operated so that they may be dispatched by two-way radio communication or other communication systems, as may be approved for such use by the chief of police, in response to a telephone or other request for service by a prospective passenger. U. All taxicabs shall be equipped with a light on top clearly identifying the taxicabs as taxicabs. V. Any other aspect of the taxicab’s condition shall exist which reasonably and rationally pertains to the operating safety of the taxicab or to passenger or pedestrian safety. Any taxicab which fails to meet the requirements of the California Vehicle Code, this section or other inspection criteria, as delineated in policy form by the chief of police, shall be immediately ordered out-of-service by the inspecting individual or agency. Said agency shall immediately inform the chief of police or designee of any such actions. Ordering a taxicab out-of-service does not constitute a suspension or revocation of the permit. Permits for taxicabs which have been ordered out-of-service may be transferred to other taxicabs 21 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 6/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. owned by the same certified operator which did not carry a valid permit for the city of Chula Vista. Resumption of in-service status shall be contingent upon remedy of any deficiencies or violations noted in the failed inspection. For all taxicabs so reinstated to in-service status, the inspecting individual or agency shall immediately inform the chief of police or designee of any such actions. (Ord. 2574 § 4, 1993). 5.54.060 Certificates issued by police chief. The police chief shall grant a certificate to those persons applying therefor who, in his opinion, are fully qualified in accordance with the requirements of this chapter. No certificate shall be issued to any person who has not fully complied with all of the requirements of this chapter necessary to be complied with before the commencement of the operation of the proposed service. With each certificate issued, the police chief shall issue a numbered medallion of a distinctive design. The certificate holder shall cause the medallion to be fixed to the outside left rear portion of each taxicab to be operated in Chula Vista. The medallion shall be fixed in a position in plain view from the rear of the taxicab. Medallions which are lost or defaced by accident, etc., shall be reported to and replaced by the police chief. (Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.070 Certificate for existing licensed taxicabs. The provisions of this chapter shall be effective immediately for new operators and on January 1, 1983 for existing operators. (Ord. 2003 § 2, 1982). 5.54.080 Certificate – Cancellation as certified operator. After the service for which a certificate is granted in this chapter is discontinued, or if the certified person sells or discontinues his or its business, except as provided in this chapter, the certificate granted under this chapter shall be automatically cancelled and shall be reissued only in accordance with the provisions of this chapter. Each certificate issued pursuant to the provisions of this chapter is separate and distinct and shall be transferable from the person to whom issued or by whom renewed to another person upon the approval of the police chief; provided, however, that where a certificate is issued pursuant to the provisions of this chapter to a form of legal entity wherein control is evidenced by shares of stock or such other evidence of ownership (including, but not necessarily limited to, a corporation, partnership, a joint venture, a joint stock company, or a business trust) and the majority interest in said entity is transferred from that entity to another person or entity, said transfer, whether voluntary, by operation of law or otherwise, shall be made only upon the approval of the police chief. The application for the transfer of said certificate shall certify that the owner of said certificate has notified the proposed transferee of the requirements of this chapter pertaining to the transfer of said certificate; and whenever such application for a transfer of certificate is made as provided for in this chapter, the police chief shall cause an investigation to be made. (Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.090 Insurance required. It is unlawful to operate any taxicab unless there shall be on file with the city of Chula Vista a currently valid certificate of insurance executed and delivered by a company admitted by the 22 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 7/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. California Department of Insurance; or, if not admitted in California, a company which shall have a Best’s Key Rating Guide rating of “A”, Class V or shall otherwise meet with the approval of the city, certifying that such insurance company extends business automobile liability insurance coverage to the operator and all of the agents and employees of said operator. The certificate shall be accompanied by a policy endorsement which names the city of Chula Vista and all of its officers and employees as additional insured and provides cross-liability protection to the employees of the city of Chula Vista in the same manner as if they were members of the public. The certificate shall demonstrate and certify that the operator is insured against the risk of loss due to property damage and bodily injury caused to members of the public, including taxicab customers, in the amount of $50,000 for property damage, $100,000 per injury, $300,000 per occurrence, or $300,000, combined single limit, and shall further show the amount of the self-insured retention, if any, under said policy. The certificate shall provide for a 30-day written notification of policy cancellation, or if retention is greater than $5,000, the certified operator shall provide financial information to the satisfaction of the city which proves financial responsibility for the amount of the self-insured retention. The city shall have the option to require the operator to demonstrate to the city the policy itself referred to in the certificate, and on failure to do so within five days, to revoke the business license. (Ord. 2564 § 1, 1993; Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.100 Fare rates. From and after May 6, 1980, upon which date the city council concluded a public hearing, and established maximum rates of fare for the hire of taxicabs within the city, the following rules shall apply for the establishment of rates of fare: A. Each certified operator shall file with the police chief the rate of fare that said operator shall charge for taxicab service. Each such certified operator shall set the taximeter for the rate said operator will charge, and prominently post rates on each side of the taxicab in block letters of not less than one inch in height and in a location where rates can be easily read by prospective passengers. B. If a certified operator desires to change the rate of fare on file in the office of the police chief, said operator shall file with the police chief the new rates, reset the meter, and post the revised rates on each side of the taxicab as provided in this section. C. It is unlawful for a certified operator to operate any taxicab in the city unless the vehicle is equipped with a taximeter designed to calculate fare upon the basis of a combination of mileage traveled and time elapsed. When operative with respect to fare indication, the fare-indicating mechanism shall be actuated by the mileage mechanism whenever the vehicle is in motion at such a speed that the rate of mileage revenue equals or exceeds the time rate, and may be actuated by the time mechanism whenever the vehicle speed is less than this and when the vehicle is not in motion. Means shall be provided for the vehicle operator to render the time mechanism either operative or inoperative with respect to the fare-indicating mechanism. Waiting time shall include all time when a taxicab occupied or engaged by a passenger is not in motion or is traveling at a speed which is slow enough for the time rate to exceed the mileage rate; waiting time will also include the time consumed while standing at the direction of the passenger or person who has engaged such taxicab. It shall be the duty of every permit holder operating a taxicab to keep such taximeter in such proper condition so that said taximeter will, at 23 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 8/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. all times, correctly and accurately indicate the charge for the distance traveled and waiting time. The taximeter shall be at all times subject to inspection by any peace officer, and such peace officer is authorized at his instance or upon complaint of any person to investigate or cause to be investigated such taximeter, and upon discovery of any inaccuracy in said taximeter, or if the taximeter is unsealed, to remove or cause to be removed the vehicle equipped with such taximeter from the streets of the city, until the taximeter has been correctly adjusted and sealed before being returned to service. D. It is unlawful for any driver of a taxicab while carrying passengers to display the flag or device attached to the taximeter in such a position as to denote that the vehicle is for hire, or is not employed, or to have the flag or other attached device in such a position as to prevent the taximeter from operating, and it is unlawful for any driver to throw the flag into a position which causes the taximeter to record when the vehicle is not actually employed, or to fail to throw the flag or other device into a nonrecording position at the termination of each and every service. E. The taximeter shall be so placed in the taxicab that the reading dial showing the amount of fare to be charged shall be well lighted and readily discernible by the passenger riding in such taxicab. F. It is unlawful for any certified operator and/or driver of a taxicab to demand of a passenger a charge for hire greater than the current maximum rate approved by the city council or the rate which said certified operator shall have on file with the office of the police chief. G. There shall be displayed in the passenger compartment of each taxicab, well-lighted and readily discernible by the passenger, in a container of type and design approved by the police chief, a card showing the operator’s rates to be charged for hire of the vehicle. (Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.110 Certificate – Cancelled when. After the service for which a certificate is granted under this chapter is discontinued, or if the person sells or discontinues his or its business, the certificate granted under this chapter shall be automatically cancelled and shall be reissued only in accordance with the provisions of this chapter. (Ord. 2003 § 2, 1982). 5.54.120 Certificate – Grounds for suspension or revocation. A. Certificates may be suspended or revoked by the police chief if: 1. The owner fails to operate the taxicab or taxicabs in accordance with the provisions of this chapter; 2. The taxicab or taxicabs are operated at a rate of fare other than that which the certified operator shall have on file with the police chief. B. The city manager or police chief may suspend or revoke a certificate where the owner’s past record involved violations of city, state or federal law or endangered the public safety. (Ord. 2718 § 1, 1998; Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 24 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 9/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. 5.54.130 Certificate – To be surrendered when. Certificates which shall have been suspended or revoked by the police chief shall be surrendered to the police chief and the operation of any taxicab or taxicabs covered by such certificates shall cease. Any owner who shall permanently retire any taxicab or taxicabs from taxicab service and not replace same within 30 days thereof shall immediately surrender any certificate or certificates granted for the operation of such taxicab or taxicabs to the police chief, and such owner may not secure additional certificates for the operation of any taxicab or taxicabs without having first made application therefor, in the manner provided in this chapter. (Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.140 Route required. Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously. (Ord. 2003 § 2, 1982). 5.54.150 Receipts for passengers. Every driver shall give a correct receipt upon payment of the correct fare. (Ord. 2003 § 2, 1982). 5.54.160 Fare – Nonpayment deemed infraction when. It is unlawful for any person to refuse to pay the lawful fare of any of the vehicles regulated by this chapter, after employing or hiring the same, and any person who shall hire such vehicle with intent to defraud the person from whom it is hired shall be guilty of an infraction. (Ord. 2003 § 2, 1982). 5.54.170 Soliciting for patronage prohibited when. No driver of any taxicab shall seek employment by repeatedly and persistently driving his vehicle to and from, in a short space in front of, or by otherwise interfering with the proper and orderly access to, or egress from, any theater, hall, hotel, public resort, railway or ferry station, or other place of public gathering; or by leaving his vehicle, or otherwise approaching and soliciting patronage by pedestrians upon the sidewalk, in any theater, hall, hotel, public resort, railway or ferry station, or street railway loading point; but such driver may solicit employment by driving through any public street or place without stops, other than those due to obstruction of traffic, and at such speed as not to interfere with or impede traffic. No person shall solicit passengers for such vehicles except the driver thereof, when sitting upon the driver’s seat of his vehicle. (Ord. 2003 § 2, 1982). 5.54.180 Exceeding rated seating capacity prohibited. No driver of any taxicab shall accept, take into his vehicle or transport any larger number of passengers than the rated seating capacity of his vehicle. (Ord. 2003 § 2, 1982). 5.54.190 Parking prohibited where – Exceptions. It is unlawful for the owner, driver or operator of any taxicab to allow such taxicab to remain parked in the central traffic district, except in a regularly established taxicab stand; provided, however, that taxicabs may park in any available parking space when actually engaged in loading or unloading passengers; and provided further, that between the hours of 10:00 p.m. and 6:00 a.m. of the following day, taxicabs may stop, stand or park in any place where the parking of vehicles is otherwise permitted. (Ord. 2003 § 2, 1982). 25 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 10/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. 5.54.200 Obedience to orders of police and firefighters required. The driver of any of the vehicles regulated by this chapter shall promptly obey all orders or instructions of any police officer or firefighters. (Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.210 Drivers’ permits required. It is unlawful for any person to drive or operate any of the vehicles mentioned in CVMC 5.54.020 without first obtaining a taxicab driver’s identification card issued by the sheriff of the county. (Ord. 2003 § 2, 1982). 5.54.220030 Taxicab stands – Established – Designation. The council may by resolution locate and designate taxicab stands, which stands when so established shall be appropriately designated “Taxis Only.” (Ord. 2003 § 2, 1982). 5.54.230040 Taxicab stands – Unattended vehicles prohibited when. It is unlawful for any taxicab to remain standing in any established taxicab stand unless such cab is attended by a driver or operator, except when assisting passengers to load or unload, or when answering his telephone. (Ord. 2003 § 2, 1982). 5.54.240050 Taxicab stands – Hours of operation. Taxicab stands established hereunder shall be in operation 24 hours of every day. (Ord. 2003 § 2, 1982). 5.54.250 Certificate – Number to be displayed on vehicle. Each taxicab shall bear, at such places on the outside of such vehicle as shall be prescribed by the police chief, the number of the certificate granted for its operation and such designation shall be of the type and design as shall be prescribed by the police chief. (Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.260 Color scheme restrictions. All taxicabs must be and conform to a color scheme approved by the police chief, who may refuse a certificate to every person whose color scheme, trade name or insignia imitates that of any permittee in such manner as to deceive the public. (Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.270 Information cards – Display required where – Contents. Each taxicab licensed to operate in this city shall have located in a convenient place in the driver’s compartment and in view of the passenger thereof two containers of type and design approved by the police chief. Such containers shall contain cards provided by the police chief bearing the following information: A. One such container shall have a card therein bearing: 1. The permit number issued for each individual taxicab licensed to operate in the city; 2. The name of the company to whom it is issued; 3. The date of issuance; 4. The state license plate number and engine number of the taxicab displaying same. 26 Chula Vista Municipal Code Chapter 5.54 TAXICABS* Page 11/11 The Chula Vista Municipal Code is current through Ordinance 3414, passed January 9, 2018. B. One such container shall have a card therein bearing: 1. The number of the city chauffeur’s license of the driver thereof; 2. The name and residence address of such driver; 3. The name of the company employing such driver; 4. A small photograph of such driver. (Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.280 Violation – Penalty. A. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished by forfeiture of his permit, and by a fine as provided by this code. B. For the purpose of this chapter, it shall be considered that each day during which any provision of this chapter is violated shall constitute a separate and distinct offense. (Ord. 2003 § 2, 1982). 5.54.290 Appeals to city council. Any actions taken by the police chief under this chapter are appealable to the city manager pursuant to Chapter 1.40 CVMC. An appeal to the city manager must be filed with the city manager and appropriate appeal fees paid within 10 days of the action of the police chief. (Ord. 2718 § 1, 1998; Ord. 2408 § 1, 1990; Ord. 2003 § 2, 1982). 5.54.060 Regulatory administration by contract with Metropolitan Transit System The City Council, by resolution, has authorized a contract with San Diego Metropolitan Transit System (MTS) for the administration and enforcement by MTS of regulations, policies and ordinances for taxicabs and other for-hire vehicles operated within the city, including collection and administration of all applicable regulatory fees, fines and forfeitures. While that contract is in effect, the applicable regulations, policies and ordinances of MTS, including MTS Codified Ordinance No. 11, as now in effect or as may from time to time be amended, shall govern the operation of taxicabs and other for-hire vehicles within the city. License of a taxicab and other for-hire vehicles or the operator or owner by MTS does not exempt the licensee from city business tax license requirements and payment of fees pursuant to Title 5, Business Licenses, Taxes and Regulations, if the licensee is substantially located in Chula Vista, as defined by AB 1069. A copy of MTS Codified Ordinance No. 11 is on file with the office of the City Clerk and also may be viewed at the MTS website, www.sdmts.com. 27 C:\Users\shereek\Desktop\pdf ord.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.54, REGULATING TAXICABS AND OTHER FOR-HIRE VEHICLES THROUGH ADOPTION OF SAN DIEGO METROPOLITAN TRANSIT SYSTEM CODIFIED ORDINANCE NO. 11 WHEREAS, the City of Chula Vista, through its Police Department, regulates taxi cab operators in the city by requiring a certificate to operate issued by the Chief of Police; and WHEREAS, with 27 taxicab companies and a total of 54 taxicabs licensed to operate in Chula Vista, the City collects $5,400 annually, based on a $150 fee for the first cab and a $25 fee for the second cab; and WHEREAS, Assembly Bill No. 1069, signed into law by California’s governor in 2017 and effective on January 1, 2019, requires cities to either create a Joint Powers Authority or enter into an agreement with a transit agency, such as the San Diego Metropolitan Transit System (MTS), to regulate taxicab companies and taxicab drivers; and WHEREAS, according to a legislative analysis, the goal of AB 1069 was to enable taxicab operators to operate under one set of statewide requirements, similar to other for-hire transportation companies, rather than a patchwork of local regulations; and WHEREAS, AB 1069 was supported by the taxi industry because it requires a single permit from a transit agency rather than multiple permits from cities, thereby reducing operating costs; and WHEREAS, as authorized by California Public Utilities Code Section 12066, the MTS for years has contracted with most cities in its service area, such as National City, Imperial Beach, San Diego, Lemon Grove, El Cajon, Santee and Poway, to provide full-service regulation of taxicabs and other for-hire transportation services; and WHEREAS, pursuant to MTS Codified Ordinance No. 11, regulation includes determining owner eligibility, inspecting vehicles, issuing permits, monitoring compliance with administrative and operational regulations and investigating passenger complaints; and WHEREAS, AB 1069 reserved rights of cities to regulate taxi stands in their jurisdictions and to require taxicab companies that are located in Chula Vista to obtain a business license. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. 28 Ordinance Page 2 Chapter 5.54 TAXICABS AND OTHER FOR-HIRE VEHICLES* Sections: 5.54.010 Purpose. 5.54.020 Definitions. 5.54.030 Taxicab stands – Established – Designation. 5.54.040 Taxicab stands – Unattended vehicles prohibited when. 5.54.050 Taxicab stands – Hours of operation. 5.54.060 Regulatory administration by contract with Metropolitan Transit System * For statutory provisions for local regulation of vehicles for hire, see Veh. Code § 16501; for provisions for carriers generally, see Civil Code § 2065, et seq., and Public Util. Code § 200, et seq.; for provisions for financial responsibility of taxicab companies, see Veh. Code § 16500, et seq. Prior ordinance history: Prior code §§ 31.5, 31.17 – 31.28, 31.38 – 31.44 and Ords. 1911 and 1881. 5.54.010 Purpose. The purpose of this chapter is to provide for the regulation of taxicabs and other for-hire vehicles within the city of Chula Vista through adoption of San Diego Metropolitan Transit System (MTS) Codified Ordinance No. 11, and to implement the provisions of California Public Utilities Code Section 12066 by contract with MTS to license and regulate for-hire transportation services within the city. 5.54.020 Definitions. The definitions set forth in Section 1.1 of San Diego Metropolitan Transit System Codified Ordinance No. 11 shall govern this chapter. 5.54.030 Taxicab stands – Established – Designation. The council may by resolution locate and designate taxicab stands, which stands when so established shall be appropriately designated “Taxis Only.” (Ord. 2003 § 2, 1982). 5.54.040 Taxicab stands – Unattended vehicles prohibited when. It is unlawful for any taxicab to remain standing in any established taxicab stand unless such cab is attended by a driver or operator, except when assisting passengers to load or unload, or when answering his telephone. (Ord. 2003 § 2, 1982). 5.54.050 Taxicab stands – Hours of operation. Taxicab stands established hereunder shall be in operation 24 hours of every day. (Ord. 2003 § 2, 1982). 5.54.060 Regulatory administration by contract with Metropolitan Transit System The City Council, by resolution, has authorized a contract with San Diego Metropolitan Transit System (MTS) for the administration and enforcement by MTS of regulations, policies and 29 Ordinance Page 3 ordinances for taxicabs and other for-hire vehicles operated within the city, including collection and administration of all applicable regulatory fees, fines and forfeitures. While that contract is in effect, the applicable regulations, policies and ordinances of MTS, including MTS Codified Ordinance No. 11, as now in effect or as may from time to time be amended, shall govern the operation of taxicabs and other for-hire vehicles within the city. License of a taxicab and other for-hire vehicles or the operator or owner by MTS does not exempt the licensee from city business tax license requirements and payment of fees pursuant to Title 5, Business Licenses, Taxes and Regulations, if the licensee is substantially located in Chula Vista, as defined by AB 1069. A copy of MTS Codified Ordinance No. 11 is on file with the office of the City Clerk and also may be viewed at the MTS website, www.sdmts.com. 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 _____________________________________ ____________________________________ Roxana Kennedy Glen R. Googins Chief of Police City Attorney 30 2018 MTS TAXIC AB ADMINISTRATION FACT SHEET RESPONSIBILITY The Metropolitan Transit System (MTS) Taxicab Administration has contractual agreements through June 30, 2019, to license and regulate taxicab, jitney, charter, sightseeing, low speed vehicles, and nonemergency medical vehicles within the cities of El Cajon, Imperial Beach, La Mesa, Lemon Grove, Poway, San Diego, Santee, Chula Vista and National City. Responsibilities include determining owner eligibility; inspecting vehicles; issuing permits; monitoring compliance with administrative and operational regulations; and investigating passenger complaints. STAFFING The Taxicab Administration staff includes one Manager, one Supervisor, three Regulatory Analysts, five Regulatory Inspectors, and one Administrative Assistant. FEES Under California State Public Utilities Code Section 120266, taxicab regulatory activities administered by MTS must generate full cost recovery. The following fees have been adopted by the Chief Executive Officer to fund the program. Permit Application All except one-year transferable taxicab $1,500 (Plus $ 200 for each vehicle in excess of one) One-year transferable taxicab $875 (Plus $200 for each permit in excess of one) Transfer clearance $200 per permit (one-year transferable taxicab) Regulatory Fee 2018 fee per vehicle is $600 Taxicab or Jitney stop $250 installation fee; subject to City of San Diego and the Unified Port District approval (when on Unified Port District property) INSPECTIONS Vehicle inspections are performed by certified staff mechanics. These inspections are done as part of the Taxicab Administration’s responsibilities to ensure passengers have a comfortable trip in a safe and clean vehicle. Vehicles Vehicles are inspected for body condition and mechanical condition, such as suspension, steering, shocks, exhaust, tires, brakes, and electrical items; proper registration; interior and exterior cleanliness; proper markings; and meter requirements. Drivers Drivers shall be hygienically clean, well-groomed, neat and suitably dressed. TAXIC ABS Fleet Fleet size will vary depending on the number of approved applications. Fares (general) Rates may vary from company to company up to a fixed amount set by MTS: Fares Maximum Flag Drop: $3.40 Per Mile: $3.60 Per Hour: $29.00 (Int’l A’port) MTS sets uniform rates for all taxicab trips from the San Diego International Airport: Flag Drop: $2.80 Per Mile: $3.00 Per Hour: $24.00 Currently, an additional fee of $2.90 per trip may be charged through the taxi meter on trips from the airport only. Service Passengers may telephone reservations for a taxicab. All taxicabs must be equipped with a two-way radio or electronic dispatch equipment, and subscribe to a dispatch service. Passengers may also hail taxicabs on the street or at any taxicab stand. Obtaining a receipt enables the passenger to trace lost items if necessary. JITNEYS Fleet Eight ji tneys among six owners. Fares Charged per person, per route. Must be posted prominently outside and inside each vehicle. CHARTER VEHICLES Fleet 84 vehicles among nine owners. Fares Vary, and service is by a prearranged written contract paid on a per-mile basis. NONEMERGENCY Fleet 278 vehicles among 37 owners. MEDICAL Fares Exclusive Ride - established on a per capita plus per-mile basis. Shared Ride - on a per capita plus per-mile basis, or on a per capita plus per-zone basis. LOW SPEED Fleet MTS Taxicab Administration implemented a new LSV service in 2004. Up to 35 LSV permits may be VEHICLES (LSV) issued for operation within the downtown Civic San Diego and San Ysidro border areas. These vehicles are permitted to wait at designated stands, accept street hails, and operate on a prearranged basis. 31 SPECIAL Airport Service This service varies from taxicabs and charters with each using a separate boarding area. Access to PROGRAMS the airport and passenger boarding procedures are determined by the San Diego County Regional Airport Authority (also see Fares). CONSUMER COMMENTS Comments and questions are welcome. 24-hour recording is available at 619.235.2650, posted in each vehicle and at each taxicab stand. ADVISORY COMMITTEE The MTS Board of Directors established a Taxicab Advisory Committee in September 1994. FUNCTION The Committee's purpose is to provide feedback on taxicab matters destined for Board action; review summaries of administrati ve hearing officer decisions concerning taxicab owner and driver penalties; resolve taxicab owners’ written grievances; review summaries of complaints concerning taxicab service; review vehicle inspection criteria, process, results, and rankings; review the annual fee schedule; comment on the MT S work program concerning taxicab matters; and approve both airport and non-airport taxicab rates of fare. MEETINGS The Committee meets four times a year, and is open to the public. MEMBERSHIP The Committee has 17 memb ers. One representative of the MTS Board of Directors, appointed annually by the Board, will be designated to serve as Chair of the Taxicab Advisory Committee. The San Diego Tourism Authority, San Diego County Regional Airport Authority (SDCRAA), San Diego Convention Center, and San Diego Travelers Aid Society each appoint one representati ve, and two members are appointed from the hotel-motel industry. Currently, the taxicab owners elect five owners to represent them, and the taxicab lease drivers elect five drivers to represent lease drivers. A representative from the San Diego County Sher iff’s Licensing Division and a representative from the San Diego County Department of Agriculture, W eights and Measures also attend in a nonvoting capacity. Each member serves a three-year term. Current Taxicab Advisory Committee members are: Lorie Zapf, Chair City of San Diego Councilmember George Abraham Eritrean Cab, Inc. Vacant Lease Driver Representative and MTS Board Member Owner 4 or more Alfred Banks Marc Nichols San Diego County Regional Airport Authority Antonio Hueso USA Cab LTD Owner 4 or more Lease Driver Representative David Tasem Daryl Mayekawa Medhanie Weldegiorgis Lease Driver Representative San Diego Convention Center “A” Transportation, LLC Able Seifu Anthony Palmeri Owner 4 or more Lease Driver Representative San Diego Travelers Aid Society Akbar Majid Margo Tanguay Ryan Chasteen SDYC Holdings, LLC Owner 3 or fewer Lease Driver Representative Marriott Marquis San Diego Marina Nasser Tehrani Namara M ercer N.A.T. Cab Co. San Diego County Hotel-Motel Association Owner 3 or fewer Edna Rains Marco Mares Brian Hilemon San Diego County Sheriff’s San Diego County Department San Diego Tourism Authority Department Licensing Division Nonvoting Member of Agriculture, W eights & Measures Nonvoting Member TAXICAB DISPATCH SERVICES AIRPORT DISPATCH Dispatch: 619.946.8294 SAN DIEGO DISPATCH Dispatch: 619.226.8294 YELLOW RADIO SERVICE Dispatch: 619.444.4444 or 858.444.4444 AMERICAN RADIO SERVICE Dispatch: 619.234.1111 SILVER RADIO SERVICE Dispatch: 619.280.5555 ICON RADIO SERVICE Dispatch: 619.225.6230 TAXI RADIO SERVICE Dispatch: 619.231.0400 ORANGE RADIO SERVICE Dispatch: 619.223.5555 UNITED DISPATCH Dispatch: 619.280.4444 RED TOP RADIO SERVICE Dispatch: 619.531.1111 USA RADIO DISPATCH Dispatch: 619.231.1144 CONTACT MTS Taxicab Administration, 1501 National Avenue, Suite 100, San Diego, CA 92113 Phone: 619.595.3086 Fax: 619.814.1533 For customer feedback please call , 619.235.2650. TAXICAB FACT SHEET_Rev0718 32 SAN DIEGO METROPOLITAN TRANSIT SYSTEM CODIFIED ORDINANCE NO. 11 (as amended through December 14, 2017) An Ordinance Providing for the Licensing and the Regulating of Transportation Services W ithin the City by the Adoption of a Unif orm Paratransit Ordinance 33 i MTS CODIFIED ORDINANCE NO. 11 TABLE OF CONTENTS Description Page No. SECTION 1.0 - GENERAL REGULATIONS ........................................................................................... 1 Section 1.1 - Definitions .......................................................................................................................... 1 Section 1.2 - Operating Permits .............................................................................................................. 4 Section 1.3 - Application for Permit ......................................................................................................... 5 Section 1.4 - Issuance of Permit ............................................................................................................. 6 Section 1.5 - Transfer and Administration of Permits .............................................................................. 7 Section 1.6 - Blank ................................................................................................................................. 8 Section 1.7 - Blank ................................................................................................................................. 8 Section 1.8 - Equipment and Operating Regulations .............................................................................. 8 Section 1.9 - Public Liability .................................................................................................................. 14 Section 1.10 - Financial Ownership and Operating Records: Reporting Requirements ........................ 14 Section 1.11 - Destruction, Permanent Replacement or Retirement of For-Hire Vehicles ..................... 16 Section 1.12 - Driver's Identification Cards ........................................................................................... 17 Section 1.13 - Suspension and Revocation of Permit ........................................................................... 19 Section 1.14 - Suspension and Revocation of Driver's Identification Cards .......................................... 21 Section 1.15 - Surrender of Medallion .................................................................................................. 22 Section 1.16 - Right of Administrative Appeal from Denial, Suspension or Revocation of Permit or...... 22 Driver's Identification Card or Related Adverse Action .......................................................................... 22 Section 1.17 - Procedure Upon Administrative Appeal ......................................................................... 22 Section 1.18 - Exceptions to Provisions ................................................................................................ 23 Section 1.19 - Chief Executive Officer's Authority to Adopt Rules and Promulgate a Schedule of Fines ............................................................................................................................................................. 24 Section 1.20 - Americans with Disabilities Act ...................................................................................... 24 SECTION 2.0 - TAXICABS AND/OR LSVs ........................................................................................... 24 Section 2.1 - Types of Service .............................................................................................................. 24 Section 2.2 - Rates of Fare ................................................................................................................... 24 Section 2.3 - Equipment and Specifications .......................................................................................... 26 Section 2.4 - Operating Regulations ..................................................................................................... 29 Section 2.5 - Stands ............................................................................................................................. 32 Section 2.6 - Dispatch Services ............................................................................................................ 32 Section 2.7 - Driver Safety Requirements ............................................................................................. 33 SECTION 3.0 - CHARTER VEHICLES ................................................................................................. 34 Section 3.1 - Rates of Fare ................................................................................................................... 34 Section 3.2 - Operating Regulations ..................................................................................................... 34 34 ii SECTION 4.0 - SIGHTSEEING VEHICLES .......................................................................................... 34 Section 4.1 - Rates of Fare ................................................................................................................... 34 Section 4.2 - Operating Regulations ..................................................................................................... 35 SECTION 5.0 - NONEMERGENCY MEDICAL VEHICLES................................................................... 35 Section 5.1 - Rates of Fare ................................................................................................................... 35 Section 5.2 - Operating and Equipment Regulations ............................................................................ 35 Section 5.3 - Driver Identification Cards ............................................................................................... 36 SECTION 6.0 - JITNEY VEHICLES ...................................................................................................... 36 Section 6.1 - Rates of Fare ................................................................................................................... 36 Section 6.2 - Jitney Routes ................................................................................................................... 36 Section 6.3 – Operating Regulations .................................................................................................... 37 Section 6.4 - Jitney Holding Zones ....................................................................................................... 38 Section 6.5 - Equipment and Specifications .......................................................................................... 39 SECTION 7.0 – LOW -SPEED VEHICLES ............................................................................................ 39 Section 7.1 – Low-Speed Vehicle (LSV) Definition ............................................................................... 39 Section 7.2 – Establishment of Zones .................................................................................................. 39 Section 7.3 – Zone Rates of Fare ......................................................................................................... 39 Section 7.4 – Spare Vehicle Policy ....................................................................................................... 40 Section 7.5 – LSV Driver Identification Cards ....................................................................................... 41 Section 7.6 - Equipment and Specifications .......................................................................................... 41 SECTION 8 - EFFECTIVE DATE OF ORDINANCE ............................................................................. 42 35 -1- SAN DIEGO METROPOLITAN TRANSIT SYSTEM CODIFIED ORDINANCE NO. 11 (as amended through December 14, 2017) An Ordinance Providing for the Licensing and the Regulating of Transportation Services Within the City By the Adoption of a Uniform Paratransit Ordinance SECTION 1.0 - GENERAL REGULATIONS Section 1.1 - Definitions The following words and phrases, wherever used in this section, shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. (a) "Association" shall mean an incorporated or unincorporated group of persons united for some purpose related to the operation of for-hire vehicles. (b) "Board" shall mean the Board of Directors of the San Diego Metropolitan Transit System. (c) A "low-speed vehicle" is a motor vehicle, other than a motor truck, having four wheels on the ground and an unladen weight of 1,800 pounds or less, that is capable of propelling itself at a minimum speed of 20 miles per hour and a maximum speed of 25 miles per hour, on a paved level surface. For the purposes of this section, a "low-speed vehicle" is not a golf cart, except when operated pursuant to California Vehicle Code Section 21115 or 21115.1. (d) "Charter vehicle" shall mean every vehicle which: (1) Transports passengers or parcels or both over the public streets of the City; (2) Is routed at the direction of the hiring passenger; (3) Is prearranged in writing for hire; (4) Is not made available through "cruising"; and (5) Is hired by and at the service of a person for the benefit of himself or herself or a specified group. (e) "City" and "Cities" shall mean the incorporated areas of the Cities of El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Poway, San Diego, Santee and any other City that has entered into a contractual agreement with MTS for the licensing and regulation of transportation services. (f) "Compensation" shall mean any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid to, accepted, or received by the driver or owner of any vehicle in exchange for transportation of a person, or persons; whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation. (g) "Cruising" shall mean the movement over the public streets of a taxicab or low-speed vehicle (LSV) in search of prospective passengers; except the term does not include either the 36 -2- travel of a taxicab or LSV proceeding to answer a call for service received by telephone or radio from an intended passenger or the travel of such a vehicle, having discharged a passenger or passengers, returning to the owner's place of business or to its established point of departure. (h) "Days" shall mean working days, exclusive of weekends and holidays for which MTS offices are closed. (i) "Doing business" shall mean accepting, soliciting or transporting passengers for hire or compensation in a City. (j) "Driver" shall mean every person operating any for-hire vehicle. (k) "Driver's identification card" shall mean license, issued pursuant to this Ordinance, which permits a person to drive a for-hire vehicle within the City. (l) "Employ" as used in this Ordinance includes any form of agreement or contract under which the driver may operate the permit holder's for-hire vehicle. (m) "Exclusive ride" shall mean exclusive use of a for-hire vehicle by one or more related passengers at a time. (n) "For-hire vehicle" shall mean every vehicle, other than public transit vehicles or vehicles involved in an organized carpool not available to the general public, which is operated for any fare for compensation and used for the transportation of passengers over city public streets, irrespective of whether such operations extend beyond the boundary limits of said City. Such for- hire vehicles shall include taxicabs, vehicles for charter, jitneys, nonemergency medical vehicles, sightseeing vehicles, and LSVs. (o) "Chief Executive Officer" shall mean the Chief Executive Officer of MTS or his or her designated representative. (p) "Group ride" shall mean shared use of a taxicab or LSV where a group of related passengers enter at the same point of origin and disembark at the same destination and pay a single fare for the trip. (q) “Hearing officer” shall mean any person or entity that meets the requirements of this Ordinance and that has been retained to conduct administrative hearings. (r) "Jitney" shall mean every vehicle which: (1) Transports passengers or parcels or both over the public streets of the City; (2) Follows a fixed route of travel between specified points with the fare based on a per capita charge established in its permit; and (3) Is made available to boarding passengers at specified locations along its route on a variable schedule. (s) "Medallion" shall mean the numbered plate, sticker, or decal issued by MTS to the permit holder which is displayed on a for-hire vehicle to indicate the authorized use or uses of that vehicle. 37 -3- (t) "MTS" shall mean the San Diego Metropolitan Transit System, a public agency created pursuant to Public Utilities Code Section 120050 et seq. (u) "MTS inspector" shall mean those individuals, regardless of job title, who are authorized by the Board, by ordinance, to enforce the provisions of this Ordinance. (v) "Nonemergency medical vehicle" shall mean every vehicle which: transports persons, regardless of whether specialized transportation equipment or assistance is needed, for primarily medical purposes, over the public streets of the City. Medical purposes is defined as providing transportation services to or from the following places: hospitals, convalescent homes, retirement homes, homes receiving funding for the board and care of residents living in those homes, medical or rehabilitation clinics, senior citizen centers, and any other like social service category, over the public streets of the City. It shall be the responsibility of the transportation provider to determine if the service is primarily for medical purposes. (w) "Operate" or "Operating" shall refer to the solicitation or acceptance of a fare within City limits for compensation or providing passenger transportation for compensation, regardless if such compensation is obtained from the passenger or a third party. It shall also include, as the context may require, the act of driving, managing or directing the utilization of one or more for-hire vehicles. (x) "Owner" shall mean the person, partnership, association, firm or corporation that is the registered owner of any for-hire vehicle and that holds the right to use the vehicle for its advantage. (y) "Passenger" shall mean every occupant other than the driver of the for-hire vehicle. (z) "Permit" shall mean the authority under which a person, firm, partnership, association, or corporation may operate a for-hire vehicle as a business. (aa) "Permit holder" shall mean any person or approved entity operating a business under a for-hire vehicle permit. (bb) "Shared ride" shall mean nonexclusive use of a for-hire vehicle by two or more unrelated passengers traveling between different points of origins and/or destination, and traveling in the same general direction. (cc) "Shifts" shall mean the minimum number of hours a permit holder or driver operates a for-hire vehicle. (dd) "Sightseeing vehicle" shall mean every vehicle which: (1) Transports passengers for sightseeing purposes of showing points of interest over the public streets of the City; and (2) Charges a fee or compensation therefor; regardless of whether any fee or compensation is paid to the driver of such sightseeing vehicle, either by the passenger or by the owner or by the person who employs the driver or contracts with the driver or hires such sightseeing vehicle with a driver to transport or convey any passenger; and irrespective of whether or not such driver receives any fee or compensation for his or her services as driver. (ee) "Stands" shall mean public areas designated for specific use of for-hire vehicles. 38 -4- (ff) "Street" shall mean any place commonly used for the purpose of public travel. (gg) "Taxicab" shall mean every vehicle other than a vehicle-for-charter, a jitney, a nonemergency medical vehicle, a sightseeing vehicle, or LSV which: (1) Transports passengers or parcels or both over city public streets. (2) Is made available for hire on call or demand through "cruising," at taxi stands or by telephone to destination(s) specified by the hiring passenger. (hh) "Taximeter" shall mean any instrument, appliance, device, or machine by which the charge for hire of a passenger-carrying vehicle is calculated, either for distance traveled or time consumed, or a combination of both, and upon which such charge is indicated by figures. (ii) "Vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a street, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Section 1.1 amended 12/14/2017) (Section 1.1 amended 5/12/2016) (Section 1.1 amended 8/7/2003) (Section 1.1 amended 11/14/2002) (Section 1.1 amended 6/24/1999) (Sections 1.1(d), 1.1(R)(1) amended 6/22/1995) (Section 1.1 amended 1/12/1995) (Section 1.1 amended 6/27/1991; effective 7/27/1991) (Section 1.1 amended 5/23/1991; effective 6/23/1991) Section 1.2 - Operating Permits (a) No person shall engage in the business of operating any for-hire vehicle or in the business of providing any vehicle for the operation of vehicle for-hire services within the cities without first having obtained an operating permit from the Chief Executive Officer or designated representative, which permit has not been revoked, suspended or otherwise canceled or terminated by operation of law or otherwise. A separate permit is required for each for-hire vehicle operated or provided for operation. (b) An operating permit represents the granting of a privilege to operate a for-hire vehicle within the cities or zones specified by the permit for the purpose of the public convenience and necessity. This privilege may be rescinded at any time by operation of law or otherwise. (c) A person who obtains an operating permit shall be responsible for the provision of vehicle-for-hire services in accordance with the provisions of this Ordinance and shall exercise due diligence to assure that drivers of the permitted vehicles adhere to all pertinent requirements of this ordinance. (Section 1.2 amended 12/14/2017) (Section 1.2 amended 8/7/2003) (Section 1.2 amended 11/14/2002) (Section 1.2 amended 6/24/1999) 39 -5- Section 1.3 - Application for Permit (a) All persons applying to the Chief Executive Officer for new permit(s) for the operation of one or more for-hire vehicles shall file with the Chief Executive Officer a proposal to meet San Diego City Council Policy 500-02 requirements, and a sworn application therefore on forms provided by the Chief Executive Officer, stating as follows: (1) The applicant name, company name (doing business as, mailing and business address (a business address or mailing address is not a Post Office [PO] Box or dispatch service address), and telephone number of the permit applicant; (2) The number of permitted vehicles actually owned and operated by such owner on the date of application, if any; (3) The name and address of all legal and registered owner(s) of the vehicle(s); (4) The name and address of each person with a financial interest in the business which operates the vehicle; (5) Data sufficient to establish the applicant’s financial responsibility; (6) The number of vehicle(s) for which a permit(s) is desired; (7) Proof that vehicle(s) meet California Air Resources Board criteria for zero emissions/low emissions, are ADA-compliant, are no older than 10 years of the model age and do not have a “salvage” title, and are equipped with a Global Positioning System (GPS). (8) The rates of fare which the applicant proposes to charge for vehicle-for-hire services; (9) A description of the proposed color scheme, insignia, trade style, or any other distinguishing characteristics of the proposed vehicle design; (10) Where the application is for a limited permit or LSV, a detailed description of the geographic area in which said permit shall be in existence; and (11) Such other information as the Chief Executive Officer may in his or her discretion require. (12) Provide evidence of at least six-months’ experience driving a taxicab, transportation network vehicle, charter party carrier services, or similar service oriented transportation or managing a demand responsive transportation service, or similar service oriented business. (13) Provide a customer service and a customer complaint plan. (14) Provide a plan for administrative functions, vehicle maintenance, and off- street storage for vehicle when not in use. (15) Provide a dispatch service plan incorporating 24 hour staffing and computerized dispatch utilizing GPS technology. 40 -6- (b) The applicant shall also submit, with the application, a nonrefundable application fee prior to the permit approval. Upon issuance of the permit, the applicant shall also pay an initial nonrefundable permit vehicle regulatory fee to be determined by the Chief Executive Officer in order to recover the cost of processing such applications. (Section 1.3 amended 12/14/2017) (Section 1.3 amended 2/12/2015) (Section 1.3 amended 11/15/2012) (Section 1.3 amended 8/7/2003) (Section 1.3 amended 11/14/2002) Section 1.4 - Issuance of Permit (a) Based on San Diego City Council Policy 500-02 requirements, the Chief Executive Officer shall determine the number of permits to be granted any applicant(s) and approve permits for any applicant(s) subject to such conditions as the Board and San Diego City Council Policy 500- 02 may deem advisable or necessary in the public interest. Before a permit may be approved, the applicant shall pay an initial regulatory fee in an amount to be determined by the Chief Executive Officer. (b) The Chief Executive Officer shall deny the approval of a permit upon making a finding: (1) That the applicant is under twenty-one (21) years of age; or (2) That within the five (5) years immediately preceding the processing of the application, the applicant has been convicted of, or held by any final administrative determination to have been in violation of any statute, ordinance, or regulation reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of the permit in accordance with Section 1.13 of this Ordinance. For purposes of this section, a plea or verdict of guilty, a finding of guilty by a court, a plea of nolo contendere or a forfeiture of bail shall be deemed a conviction; or (3) That the applicant provided false information of a material fact in an application within the past five (5) years. (c) All permits issued after April 1, 2015 shall be renewable annually upon evidence San Diego City Council Policy 500-02 requirements are being met, and payment of a regulatory fee in an amount and on a date to be determined by the Chief Executive Officer. (d) No permit issued after April 1, 2015 shall be approved or renewed for any person who has not fully complied with all of the requirements of this Ordinance, San Diego City Council Policy 500-02, and all other applicable laws and/or regulations necessary to be complied with before commencement of the operation of the proposed service. (e) Permits held prior to April 1, 2015 by corporations and LLCs shall meet all of the screening criteria included in San Diego City Council Policy 500-02 by February 12, 2020. However, upon issuance of any new permits to said corporation or LLC, or upon the transfer of a permit to said corporation or LLC, the corporation or LLC shall need to be in compliance with requirements of this Ordinance and San Diego City Council Policy 500-02 for the new permit(s). (f) When the permit has been approved and upon determination by the Chief Executive Officer that the for-hire vehicle, after appropriate inspection, meets the requirements of this 41 -7- Ordinance, the Chief Executive Officer will issue a numbered medallion(s) to be affixed to the for - hire vehicle. (Section 1.4 amended 12/14/2017) (Section 1.4 amended 2/12/2015) (Section 1.4 amended 11/15/2012) (Section 1.4 amended 11/14/2002) Section 1.5 - Transfer and Administration of Permits (a) Each permit issued pursuant to the provisions of this section is separate and distinct and shall be transferable from the permit holder to another person or entity only with the approval of the Chief Executive Officer, and upon meeting the requirements of this Ordinance and San Diego City Council Policy 500-02 including, but not limited to: (1) Provide evidence of at least six-months’ experience driving a taxicab, transportation network vehicle, charter party carrier services, or similar service oriented transportation or managing a demand responsive transportation service, or similar service oriented business. (2) Vehicle(s) must meet California Air Resources Board criteria for zero emissions/low emissions, be ADA-compliant, be equipped with a Global Positioning System (GPS), be no older than 10 years of the model age and not have a “salvage” title. (3) Provide a customer service plan that demonstrates, a requirement for drivers to accept credit cards, detailed record keeping of all calls for service, trips provided, and a customer service complaint resolution plan. (4) Provide a plan for administrative functions, vehicle maintenance, and off- street storage for vehicle when not in use. (5) Provide a Dispatch service plan incorporating 24 hour staffing and computerized dispatch utilizing GPS technology. (b) Permits held prior to April 1, 2015 shall be in compliance with San Diego City Council Policy 500-02 Screening Criteria by February 12, 2020. Whenever a corporation or LLC is issued any new permits, then it shall be in compliance with requirements of this Ordinance and San Diego City Council Policy 500-02. (c) The proposed transferee shall file with the Chief Executive Officer a sworn application for the transfer and shall comply with the requirements of Section 1.3. The permit holder shall certify in writing that the permit holder has notified the proposed transferee of the requirements of this section pertaining to the transfer of a permit. Whenever an application for a transfer of permit is filed, the Chief Executive Officer shall process the application for transfer in accordance with Section 1.4 of this Ordinance. (d) The Chief Executive Officer shall charge regulatory fees to affect the full cost recovery of activities associated with the administration, regulation, issuance, or transfer of for-hire vehicle permits and associated records. (1) Changes in fee schedules affecting permits shall be mailed to all permit holders. Changes shall be effective thirty (30) calendar days thereafter. 42 -8- (2) Any person objecting to a particular fee or charge may file, within ten (10) days of the mailing of such changes, an appeal for review with the Chief Executive Officer who shall thereafter process it in accordance with Section 1.17; provided, however, that the sole issue to be determined on review is whether the fee or charge exceeds the reasonable costs for personnel salaries and administrative overhead associated with the particular administrative service or function. (Section 1.5 amended 12/14/2017) (Section 1.5 amended 2/12/2015) (Section 1.5 amended 8/7/2003) (Section 1.5 amended 11/14/2002) Section 1.6 - Blank The text of Section 1.6 is deleted in its entirety effective February 12, 2015. (Section 1.6 deleted 2/12/2015) (Section 1.6 amended 11/14/2002) Section 1.7 - Blank The text of Section 1.7 is deleted in its entirety effective October 24, 1998. (Section 1.7 was deleted 9/24/1998) Section 1.8 - Equipment and Operating Regulations (a) No medallion shall be issued for a vehicle unless the vehicle conforms to all the applicable provisions of this Ordinance. (b) The privilege of engaging in the business of operating a for-hire vehicle in a City granted in the permit is personal to the permit holder, who must be the owner of the for-hire vehicle. The rights, requirements, and responsibilities which attach to the permit remain with the holder at all times the for-hire vehicle is operated under the authority of the permit. These rights, requirements and responsibilities, which include, but are not limited to, the requirements of this Ordinance, will remain unaffected by any agreement or contractual arrangement between the permit holder and those persons who operate for-hire vehicles, irrespective of the form or characterization of the agreement under which the driver operates the for-hire vehicle. (c) The permit holder shall maintain a business address, a mailing address where he or she can accept mail directed to his or her company, and a business telephone in working order which must be answered during normal business hours, Monday through Friday, and during all hours of operation. A post office box or dispatch service address shall not be used for the business address or mailing address. The permit holder shall, in the case of any change in his or her business address, mailing address, or business telephone, notify the Chief Executive Officer in writing of such change within forty-eight (48) hours of the effective date of this change. (d) Before a for-hire vehicle is placed in service and at least annually thereafter, the for- hire vehicle shall be delivered to a place designated by the Chief Executive Officer for inspection. All new permit holders are required to observe at least one full vehicle inspection as part of the initial permit issuance. MTS inspectors shall inspect the for-hire vehicle and its equipment to ascertain whether the vehicle complies with the provisions of this Ordinance. Failure to produce the vehicle for inspection shall be cause for suspension or revocation of the permit for such vehicle. 43 -9- (e) Any MTS inspector or peace officer, after displaying proper identification, may make reasonable and periodic inspections of any for-hire vehicle operating under an MTS permit for the purpose of determining whether the vehicle is in compliance with the provisions of this Ordinance. (f) Any for-hire vehicle which fails to meet the requirements of the California Vehicle Code or this section after inspection shall be immediately ordered out-of-service by an MTS inspector or peace officer if it is unsafe for service. Ordering a vehicle out-of-service does not constitute a suspension or revocation of the permit. A vehicle is deemed unsafe for service when any of the following conditions exists: (1) Tires fail to meet the requirements of the California Vehicle Code; (2) Headlights, taillights or signal lights are inoperable during hours of darkness (sunset to sunrise); (3) Windshield wipers are inoperable during rain conditions; (4) Meter is not working, the meter displays signs of tampering, the seal is broken, the County of San Diego seal is more than thirteen (13) months old from the date of issuance, or a Service Agent’s temporary seal is more than ninety (90) days old from the date of issuance; (5) Brakes, brake lights or brake system are inoperable or otherwise fail to meet the requirements of the California Vehicle Code; (6) Excessive play in steering wheel exceeding three (3) inches; (7) Windshield glass contains cracks or chips that interfere with driver's vision; (8) Any door latch is inoperable from either the interior or exterior of the vehicle; (9) Any seat is not securely fastened to the floor; (10) Seat belts, when required, fail to meet requirements of the California Vehicle Code; (11) Either side or rearview mirrors are missing or defective; (12) Any vehicle safety system light is activated; and (13) Any other condition which reasonably and rationally pertains to the operating safety of the vehicle or to passenger or pedestrian safety. (g) If the vehicle is not unsafe but is unsuitable or otherwise in violation of this Ordinance or any vehicle condition/equipment section of the California Vehicle Code, the operator or permit holder, as appropriate, shall be subject to a seventy-two (72) hours correction notice. (1) Failure to correct such violation within the seventy-two (72) hours shall then be cause to order the vehicle out-of-service. When a vehicle is ordered out-of-service, the medallion shall be immediately removed. 44 -10- (2) Before the vehicle may again be placed in service, the violation shall be corrected and the vehicle shall be inspected by an MTS inspector. (3) The medallion shall be reaffixed when the MTS inspector finds that the vehicle meets prescribed standards. (h) The interior and exterior of the for-hire vehicle shall be maintained in a safe and efficient operating condition, and meet California Vehicle Code requirements and the requirements of this Ordinance at all times when in operation. The following minimum vehicle standards must be maintained to comply with this section: (1) Wheels. Hubcaps or wheel covers shall be on all wheels for which hubcaps or wheel covers are standard equipment. (2) Body Condition. There shall be no tears or rust holes in the vehicle body and no loose pieces hanging from the vehicle body. Fenders, bumpers, and light trim shall be securely fixed to the vehicle. No extensive unrepaired body damage shall be allowed and exterior paint shall be free from excessive fading. The vehicle shall be equipped with front and rear bumpers. The exterior of the vehicle shall be maintained in a reasonably clean condition so as not to obscure approved vehicle markings. (3) Lights. Headlights shall be operable on both high and low beam. Taillights, parking lights, signal lights, and interior lights shall all be operable. (4) Wipers. Each vehicle shall be equipped with adequate windshield wipers maintained in good operating condition. (5) Brakes. Both the parking and hydraulic or other brake system must be operable. (6) Steering. Excessive play in the steering mechanism shall not exceed three (3) inches free play in turning the steering wheel from side to side. (7) Engine. The engine compartment shall be reasonably clean and free of uncontained combustible materials. (8) Mufflers. Mufflers shall be in good operating condition. (9) Windows. The windshield shall be without cracks or chips that could interfere with the driver's vision. All other windows shall be intact and able to be opened and closed as intended by the manufacturer. The windows and windshield shall be maintained in a reasonably clean condition so as not to obstruct visibility. (10) Door Latches. All door latches shall be operable from both the interior and exterior of the vehicle. (11) Suspension. The vehicle's suspension system shall be maintained so that there are no sags because of weak or broken springs or excessive motion when the vehicle is in operation because of weak or defective shock absorbers. (12) Seats. All seats shall be securely fastened. Seat belts, when required by the California Vehicle Code, shall be installed. The upholstery shall be free of grease, holes, rips, torn seams, and burns. 45 -11- (13) Interior. The interior of each vehicle and the trunk or luggage area shall be maintained in a reasonably clean condition, free of foreign matter, offensive odors, and litter. The seats shall be kept reasonably clean and without large wear spots. The door handles and doors shall be intact and clean. The trunk or luggage area shall be kept empty except for spare tire and personal container for the driver not exceeding one (1) cubic foot in volume and emergency equipment, to allow maximum space for passenger luggage and belongings. (i) Each for-hire vehicle, except taxicabs and Low Speed Vehicles, shall contain: (1) A fire extinguisher of the dry chemical or carbon dioxide type with an aggregate rating of at least 5 B/C units and a current inspection card affixed to it. (2) A minimum of three (3) red emergency reflectors. (3) A first-aid kit containing medical items to adequately attend to minor medical problems. (j) In the event that a for-hire vehicle for which a permit has been approved is taken out of service, by the permit holder for maintenance or any purpose, other than a violation of any provision of this Ordinance, a spare vehicle operating permit may be granted. The spare vehicle operating permit shall only be valid for the vehicle for which it was issued. The permit holder may only utilize a spare for-hire vehicle which has been duly inspected by an MTS inspector and approved prior to use. The permit holder must immediately inform an MTS inspector when a spare for-hire vehicle is in use and the location of the disabled vehicle. The spare vehicle will be issued a "spare vehicle" sticker which must be affixed to the left rear portion of the for-hire vehicle for which it is approved, in plain view from the rear of the for-hire vehicle. The permit holder may utilize one (1) spare for-hire vehicle for a period not to exceed thirty (30) calendar days from the date of issuance. This subsection shall not be construed, nor deemed to replace, those provisions in this Ordinance which apply to permanent replacement of a for-hire vehicle. (k) The medallion issued to the permit holder must be affixed by an MTS inspector on the for-hire vehicle for which the permit is approved in plain view from the rear of the for-hire vehicle. The permit holder must immediately report the loss, destruction, or defacing of a medallion to the Chief Executive Officer. Except as provided in Subsection (j), it shall be unlawful to operate a for-hire vehicle without the medallion affixed and visible. (l) There shall be displayed in the passenger compartment of each for-hire vehicle between the sun visors, in full view of the passengers in the front and rear seats, a card not less than ten (10) inches wide by six (6) inches high in size. Posted on this card, utilizing "Universe" font in black ink on white background, shall be: 1) The first line of the card, 3/4 inch in height, shall say one of the following according to permit type: TAXICAB, SIGHTSEEING, CHARTER, NONEMERGENCY, LOW - SPEED VEHICLE, OR JITNEY LOST AND FOUND. 2) Below this, the card shall include the vehicle medallion number in three-inch numerals. 3) Below the medallion number, the name, address, and phone number of the MTS Taxicab Administration and the permit holder and/or permit holder trade name shall be printed, 1/4-inch in height. 46 -12- 4) Without approval from MTS, no other signs, markings, lettering, decals, or any type of information shall be displayed within 18 inches around the card. (m) Advertisements, whether displayed on the inside or outside of the vehicle, shall be posted in accordance with MTS Board Policy No. 21, Revenue-Generating Display Advertising, Concessions, and Merchandise, any guidelines developed by the Chief Executive Officer, and the provisions of this Ordinance. Advertisements shall not be displayed without prior approval from MTS. (n) The driver of each for-hire vehicle may either carry: a map of the City, published within the past two (2) years; or an electronic device equipped with a GPS enabled map, which shall be displayed to any passenger upon request. (o) The maximum rates of fare charged for for-hire vehicle services shall be clearly and conspicuously displayed in the passenger compartment. (p) Each for-hire vehicle licensed to operate in the City shall have located on the passenger side dashboard area a driver identification card provided by the County of San Diego Sheriff or the Chief Executive Officer. The driver identification card shall have no alterations or information covered. The driver identification card shall be visible to passengers, peace officers and MTS inspectors so they can easily view the driver identification card from either inside or outside the vehicle. The driver identification card shall bear the following information: (1) The number of the license of the driver; (2) The name and business address of the driver; (3) The name of the owner of the vehicle; and (4) A small photograph of the driver. (q) Each for-hire vehicle shall be equipped with a rearview mirror affixed to the right side of the vehicle, as an addition to those rearview mirrors otherwise required by the California Vehicle Code. (r) The driver shall offer each passenger a printed receipt upon payment of the fare. The receipt shall accurately show the date, the amount of the fare, the driver’s name and ID number, the taxicab number, the company (DBA) name, and the dispatch service name with phone number. (s) All disputes to fare shall be determined by the peace officer or MTS inspector most readily available where the dispute is had. It shall be unlawful for any person to fail or refuse to comply with such determination by the peace officer or MTS inspector. (t) It is unlawful for any person to refuse to pay the lawful fare of a for-hire vehicle after employing or hiring the same. (u) The driver of any for-hire vehicle shall promptly obey all lawful orders or instructions of any peace officer, fire fighter, or MTS inspector. (v) No driver of any for-hire vehicle shall transport any greater number of persons, including the driver, than the manufacturer's rated seating capacity for the vehicle. 47 -13- (w) It shall be unlawful for any person to solicit business for a for-hire vehicle by making a contract or agreement with any owner of any hotel, apartment house, motel, inn, rental units, restaurant, or bar, or with the agent or employees of such owner, by which the owner, agent or employee receives any type of payment or commission for recommending or directing any passenger to a specific for-hire vehicle or company. It shall be unlawful for any permit holder, association, or driver to have or make a contract or agreement with any owner of any hotel, apartment house, motel, inn, rental units, restaurant, or bar, or with the agents or employees of such owner, by which the permit holder, association or driver receives any type of payment or commission for recommending or directing any passenger to an establishment operated by a specific owner. (x) The driver of a for-hire vehicle shall wear, in a manner clearly visible on their person, an identification card approved by the Chief Executive Officer. (y) The Board specifically finds that the dress, grooming, and conduct of for-hire vehicle drivers affect the public health and safety, particularly as it relates to visitors and the tourist industry. Therefore, while driving or operating a for-hire vehicle, drivers shall be hygienically clean, well- groomed and neat, and suitably dressed. Violations of this subsection are administrative in nature and shall not be the subject of criminal prosecution. (1) The term "hygienically clean" shall refer to that state of personal hygiene, body cleanliness, and absence of offensive body odor normally associated with bathing or showering on a regular basis. (2) The term "well-groomed" shall mean that male drivers shall be clean-shaven, except for those parts of the face where a beard or mustache is worn and their hair shall be neatly trimmed; beards or mustaches shall be groomed and neatly trimmed at all times in order not to present a ragged appearance. For all drivers, it shall mean that scalp or facial hair shall be combed or brushed and that all clothing is clean, free from soil, grease and dirt, and without unrepaired rips or tears. (3) The term "neat and suitably dressed" shall be interpreted to require that a driver shall be fully covered by clothing at a minimum from a point not to exceed four (4) inches above the center of the kneecap to the base of the neck, excluding the arms. Drivers shall wear shoes. It shall not be permissible for any driver to wear as an outer garment any of the following: undershirt or underwear, tank tops, body shirts (see-through mesh), swim wear, jogging or warm-up suits or sweatshirts or similar attire, jogging or bathing shorts or trunks, or sandals. Trouser-type shorts that are no shorter than four inches above the center of the kneecap are permissible. (z) For-hire vehicles shall comply with the California Vehicle Code, e.g., not impede traffic, and, where applicable, not operate on streets where posted speed limits are above 35 miles per hour. For-hire vehicle drivers, including taxicab, shall not load or unload passengers in traffic lanes. (Section 1.8 amended 12/14/2017) (Section 1.8 amended 10/13/2016) (Section 1.8 amended 5/12/2016) (Section 1.8 amended 2/12/2015) (Section 1.8 amended 8/7/2003) (Section 1.8 amended 11/14/2002) (Section 1.8 amended 9/24/1998) (Section 1.8 amended 2/13/1997) 48 -14- (Section 1.8 amended 6/24/1993) Section 1.9 - Public Liability (a) It shall be unlawful to operate a for-hire vehicle unless the permit holder establishes and maintains in effect one of the forms of financial responsibility specified in this section. (1) This requirement may be met by maintaining a valid policy of insurance executed and delivered by a company authorized to carry on an insurance business, the financial responsibility of which company has been approved by the Chief Executive Officer. The terms of the policy shall provide that the insurance company assumes financial responsibility for injuries to persons or property caused by the operation of the for-hire vehicle in an amount determined by the Chief Executive Officer. (2) The permit holder may also meet this requirement by obtaining a certificate of self-insurance for a specified amount approved by the Board and pursuant to the applicable provisions of the California Vehicle Code. (b) A valid proof of insurance issued by the company providing the insurance policy required under Subsection (a) (1) of this section shall be filed with and approved by the Chief Executive Officer. This certificate shall provide that MTS is a named certificate holder and shall be placed in each vehicle, per California Vehicle Code Section 16020. It shall also provide that the insurer will notify MTS of any cancellation and that the cancellation notice shall be in writing and shall be sent by registered mail at least thirty (30) days prior to cancellation of the policy. The certificate shall also state: (1) The full name of the insurer; (2) The name and address of the insured; (3) The insurance policy number; (4) The type and limits of coverage; (5) The specific vehicle(s) insured; (6) The effective dates of the certificate; and (7) The certificate issue date. (Section 1.9 amended 9/17/2015) (Section 1.9 amended 11/14/2002) Section 1.10 - Financial Ownership and Operating Records: Reporting Requirements (a) Every person engaged in the business of operating a for-hire vehicle within the City under a permit granted by the Chief Executive Officer shall maintain: (1) Financial records, including but not limited to the current executed taxicab driver lease agreement that includes all aspects of the business relationship between the permit holder and the lessee, and written receipts of all payments from lessee in accordance with good accounting practices; (2) Ownership records; and (3) Operating records in a form, and at intervals, which shall be determined from time to time by the Chief Executive Officer. 49 -15- (b) Ownership and operating records shall be made available to the Chief Executive Officer upon demand at any reasonable time. The permit holder shall retain operating records for a minimum of six (6) months from the date the records are created. (c) For purposes of this section, ownership records shall include, but are not limited to, the following: (1) Copies of the Articles of Incorporation as filed with the Secretary of State of California; (2) Records identifying all corporate officers and members of the corporation’s Board of Directors. A corporation shall report any change in corporate officers or members of its Board of Directors to MTS within ten (10) days of the effective date. (3) A stock register recording the issuance or transfer of any shares of the corporate stock; and (4) The registration cards issued by the State of California Department of Motor Vehicles to the vehicle owner for all for-hire vehicles operated under the authority of an MTS for-hire vehicle permit. Valid proof of registration shall be maintained in the vehicle at all times. (d) For purposes of this section, operating records shall include, but are not limited to, the following: (1) Typed or written dispatch records for taxicab or LSV companies which operate their own dispatch service; (2) Any logs which a for-hire vehicle driver keeps describing the trips carried by a for-hire vehicle other than a taxicab; (3) Copies of the daily trip log required by taxicab or LSV drivers under Section 2.4 (q); and (4) Any other similar records. (e) Between January 1 and December 31 of each calendar year, every permit holder shall file with the Chief Executive Officer a signed statement which shall report and attest to the accuracy of the following information: (1) The individual name(s), business name, business address, and telephone number of the permit holder(s); (2) The name and address of all legal and registered owner(s) of the for-hire vehicle(s); (3) The name and address of each person with a financial interest in the business which operates the vehicle(s); and (4) The year, manufacturer, model, vehicle identification number, license plate, and medallion number affixed to the permitted vehicle(s). 50 -16- (f) If the permit holder is an individual, the permit holder must appear in person in the offices of MTS to file the statement; if the permit holder is a partnership, one of the partners must appear in person in the offices of MTS to file the statement; if the permit holder is a corporation or LLC, an officer of the corporation, or a member of the LLC, authorized to represent the company, must appear in person in the offices of MTS to file the statement and provide evidence San Diego City Council Policy 500-02 requirements are being met. (Section 1.10 amended 5/12/2016) (Section 1.10 amended 2/12/2015) (Section 1.10 amended 8/7/2003) (Section 1.10 amended 11/14/2002) (Section 1.10 amended 6/24/1993) Section 1.11 - Destruction, Permanent Replacement or Retirement of For-Hire Vehicles (a) Whenever a for-hire vehicle is destroyed, rendered permanently inoperative, is sold, or the permit holder is no longer the owner of the for-hire vehicle, the permit holder shall notify the Chief Executive Officer in writing within forty-eight (48) hours. (b) A replacement vehicle must be placed in service within ninety (90) days of the date the original vehicle is removed from service unless prior written permission has been obtained from the Chief Executive Officer. It is the intent of this section that the Chief Executive Officer, in granting such permission, gives due consideration to the operating situation of the permit holder on a case- by-case basis. The following guidelines are to be used in granting permission for a permit holder to take longer than ninety (90) days in placing a replacement vehicle in service. (1) The permit holder must submit a written request for an extension of time, stating the specific reason(s) additional time is required and identifying a plan and timetable for placing the replacement vehicle in service. Written documents sufficient to substantiate the factual information contained in the request should also be submitted. (2) The plan and timetable submitted must reflect a reasonable approach for placing the vehicle in service within the shortest possible time frame. (3) An additional period of time, not to exceed sixty (60) calendar days, may be granted to a permit holder in case of severe personal illness or other similar hardship. (4) An additional period of time, not to exceed thirty (30) calendar days, may be granted to a permit holder in case of extensive vehicle repairs or other similar reasons. (5) No extensions will be granted to any permit holder who is unable to meet the basic operational costs, including liability insurance, regulatory fees, and normal maintenance and repairs of operating a for-hire vehicle. (6) No more than one (1) extension will be granted for each vehicle in a single twelve (12) month period. (c) The Chief Executive Officer shall, as a matter of owner right, allow the replacement of a vehicle which is destroyed, rendered inoperative, sold or transferred, provided that the permit holder has complied with, and the for-hire vehicle is in conformance with, all applicable provisions of 51 -17- this Ordinance. An owner must remove the markings from the vehicle that indicate it is a taxicab or LSV before the owner disposes of it. (d) When a permit holder retires any for-hire vehicle or vehicles from service and does not replace them within ninety (90) days, the permit for each such retired for-hire vehicle shall be considered abandoned and will be void. The permit holder shall immediately surrender each related medallion to the Chief Executive Officer. Such abandoned permits may not be restored by any means other than through application for new permits in the manner provided in this Ordinance. (Section 1.11 amended 10/13/2016) (Section 1.11 amended 8/7/2003) (Section 1.11 amended 11/14/2002) (Section 1.11 amended 2/13/1997) Section 1.12 - Driver's Identification Cards (a) No person shall drive or operate any for-hire vehicle under the authority of a permit granted under this Ordinance unless such person has and displays a valid driver's identification card obtained annually through the Sheriff of the County of San Diego. (b) No permit holder shall employ as a for-hire vehicle driver or operator any person who has not obtained a for-hire vehicle driver's identification card through the Sheriff of the County of San Diego. (c) No permit holder shall employ as a driver or operator any person whose privilege to operate a for-hire vehicle within the City has expired, or has been revoked, denied or suspended or prohibited. (d) A driver may drive for more than one permit holder. The driver must, however, have on file with and accepted by the Sheriff of the County of San Diego, a separate application on forms provided by the Sheriff, for each permit holder with whom he has a current driving agreement. A driver may have on file with the Sheriff a maximum of four (4) such applications at any one time. It shall be unlawful for a driver to accept or solicit passengers for hire in the City while operating the taxicab or LSV of any permit holder for whom the driver does not have such an application on file with the Sheriff. (e) No person shall drive or operate any for-hire vehicle, , under the authority of a permit granted under this Ordinance unless such person has successfully completed an MTS-approved driver training course concerning driver safety, rules, and regulations. Map reading, crime prevention, courtesy and professionalism and a corresponding qualification examination. (f) No person who has received a notice of prohibition pursuant to Section 1.14, or whose privilege to operate a for-hire vehicle within the City has expired, or has been suspended, revoked or denied by the Sheriff or the Chief Executive Officer shall drive or operate a for-hire vehicle within the City. (g) No for-hire vehicle driver's identification card shall be issued or renewed to any of the following persons: (1) Any person under the age of twenty-one (21) years. (2) Any person who has been convicted of a felony involving a crime of force or violence against any person, or the theft of property, unless five (5) years have elapsed 52 -18- since his or her discharge from a penal institution or satisfactory completion of probation for such conviction during which period of time his or her record is good. (3) Any person who has been convicted of assault, battery, resisting arrest, solicitation of prostitution, any infraction, misdemeanor, or felony involving force and violence, or any crime reasonably and rationally related to the paratransit industry or any similar business operation which bears upon the integrity or ability of the driver to operate a for-hire vehicle business and transport passengers, unless five (5) years shall have elapsed from the date of discharge from a penal institution or the satisfactory completion of probation for such conviction. (4) Any person who, within the five (5) years immediately preceding the processing of the application, has been convicted of or held by any final administrative determination to have been in violation of any statute, ordinance, or regulation reasonably and rationally related to the for-hire vehicle industry or any similar business operation which would have authorized the suspension or revocation of the driver's identification card in accordance with Section 1.14 of this Ordinance. (5) Any person who is required to register as a sex offender pursuant to the California Penal Code. (6) Any person who has provided false information of a material fact in their application within the past five (5) years. (7) No person shall obtain or renew a driver's identification card unless such person has successfully completed a personal safety training course approved by the Chief Executive Officer. (8) When a driver permanently no longer drives for an MTS Taxicab Administration permit holder, the permit holder shall report this to the Sheriff’s Department within ten (10) calendar days. (h) The Sheriff is authorized to issue temporary for-hire vehicle driver identification cards pending the approval or denial of an application for a regular for-hire vehicle driver identification card. No temporary for-hire vehicle driver identification card shall be issued without the satisfactory completion of a local law enforcement agency record check of the applicant. Any temporary identification card so issued shall be valid for a period not to exceed ninety (90) days or until the date of approval or denial of the application for a regular for-hire vehicle driver identification card, whichever shall occur first. The issuance of a temporary identification card hereunder shall not authorize the operation of a for-hire vehicle following the denial of the application while pending the resolution of any appeal otherwise provided for in Section 1.16 of this Ordinance. The Sheriff or the Chief Executive Officer shall establish nonrefundable filing fees to defray the costs of processing regular and temporary driver identification cards. (Section 1.12 amended 12/14/2017) (Section 1.12 amended 5/12/2016) (Section 1.12 amended 11/15/2012) (Section 1.12 amended 8/7/2003) (Section 1.12 amended 11/14/2002) (Section 1.12 amended 9/24/1998) (Section 1.12 amended 10/30/1997) (Section 1.12 amended 11/9/1995) 53 -19- Section 1.13 - Suspension and Revocation of Permit (a) Permits may be suspended or revoked by the Chief Executive Officer at any time in case: (1) The Chief Executive Officer finds the permit holder's past record to be unsatisfactory with respect to satisfying the provisions of this Ordinance. (2) The permit holder fails to comply with the applicable provisions of this Ordinance. (3) The drivers of the for-hire vehicle or vehicles fail to act in accordance with those provisions of this Ordinance which govern driver actions. The permit holder shall have strict liability in this regard; however, this provision shall not restrict the Chief Executive Officer’s ability to penalize a driver for violations of those provisions of this Ordinance which govern driver actions. (4) The owner shall cease to operate any for-hire vehicle for a period of ninety (90) consecutive days without having obtained written permission for cessation of such operation from the Chief Executive Officer. It is the intent of this section that the Chief Executive Officer, in granting such permission, gives due consideration to the operating situation of the permit holder on a case-by-case basis. The following guidelines are to be used in granting permission for a permit holder to cease operating a for-hire vehicle for a period longer than ninety (90) days. (a) The permit holder must submit a written request for an extension of time, stating the specific reason(s) additional time is required and identifying a plan and timetable for placing the vehicle back in service. Written documents sufficient to substantiate the factual information contained in the request should also be submitted. (b) The plan and timetable submitted must reflect a reasonable approach for placing the vehicle back in service within the shortest possible time frame. (c) An additional period of time, not to exceed sixty (60) calendar days, may be granted to a permit holder in case of severe personal illness or other similar hardship. (d) An additional period of time, not to exceed thirty (30) calendar days, may be granted to a permit holder in case of extensive vehicle repairs or other similar reasons. (e) No extension will be granted to any permit holder who is unable to meet the basic operational costs including liability insurance, regulatory fees, and normal maintenance and repairs of operating a for-hire vehicle. (f) No more than one (1) extension in time will be granted for each vehicle permit in a single twelve (12) month period. (5) The for-hire vehicle or vehicles, if operated as other than a taxicab, are operated at a rate of fare other than those fares on file with the Chief Executive Officer. 54 -20- (6) The for-hire vehicle or vehicles, if operated as a taxicab or LSV, are operated at a rate of fare greater than those fares on file with the Chief Executive Officer or posted on the taxicab or LSV pursuant to Section 2.2 (b) of this Ordinance. (7) The for-hire vehicle or vehicles, if operated as a taxicab or LSV, are operated at a rate of fare greater than current maximum rate established by the Board pursuant to Section 2.2(a) of this Ordinance. (8) The permit holder fails to begin operating the for-hire vehicle for which the permit is first approved within ninety (90) days after the approval date. (9) The permit holder has been convicted of assault, battery, resisting arrest, solicitation of prostitution, any infraction, misdemeanor, or felony involving force and violence, or any crime reasonably and rationally related to the paratransit industry or any similar business operation which bears upon the integrity or ability of the applicant or permit holder to operate a for-hire vehicle business and transport passengers, unless five (5) years shall have elapsed from the date of discharge from a penal institution or the satisfactory completion of probation for such conviction. (10) The permit holder has been convicted of a crime that would require a person to register as a sex offender under the California Penal Code. For purposes of this section, a plea or verdict of guilty, a finding of guilt by a court, a plea of nolo contendere or a forfeiture of bail shall be considered a conviction. (b) A permit holder shall be notified in writing within 10 working days when a credible complaint has been filed with the Chief Executive Officer by a member of the public where such complaint involves the permit holder, the driver of the permitted for-hire vehicle, or the dispatch service to which the permit holder is subscribed. It shall be the responsibility of the permit holder to investigate the complaint and report in writing to the Chief Executive Officer within 30 days the result of the investigation and any corrective action taken or proposed. Where the complainant has agreed to the sharing of their identity, the results of the investigation, findings, and actions shall be communicated to the complainant. (c) In the event the Chief Executive Officer finds a permit holder has failed to responsibly respond to notification of complaints or to initiate corrective action, the Chief Executive Officer shall issue a notice of proposed adverse action to the permit holder. If the circumstances of the complaint or subsequent investigation so warrant, the Chief Executive Officer may issue a notice of adverse action to a driver independently of or in conjunction with any adverse action proposed to the permit holder. The Chief Executive Officer shall refer to the Administrative Penalty Guidelines in determining a proposed adverse action. (d) The permit holder or driver in receipt of a notice of proposed adverse action shall be given the opportunity to appear for an informal hearing before the Chief Executive Officer or designated representative. Failure to appear will constitute waiver of the hearing. Following the hearing or waiver thereof, the Chief Executive Officer shall issue the notice of adverse action if justified by the facts. If the Chief Executive Officer determines that the performance of the permit holder or driver involves criminal activity or constitutes a serious degradation of the public safety, convenience, or necessity, a notice of adverse action may be issued and the action effected without hearing. (e) Upon a finding by the Chief Executive Officer that a permit holder falls within the provisions of this section, the permit holder or driver shall be notified that his or her permit has been subjected to an adverse action and that the matter is such that the action may be appealed. In lieu 55 -21- of an action provided for in the Administrative Penalty Guidelines, the Chief Executive Officer may impose a fine or a fine and a period of suspension for any violation(s) of this Ordinance. (Section 1.13 amended 12/14/2017) (Section 1.13 amended 10/13/2016) (Section 1.13 amended 5/12/2016) (Section 1.13 amended 8/7/2003) (Section 1.13 amended 11/14/2002) (Section 1.13 amended 6/24/1999) Section 1.14 - Suspension and Revocation of Driver's Identification Cards (a) Driver's identification cards may be suspended or revoked by the Chief Executive Officer at any time in case: (1) The Chief Executive Officer finds the driver's past record to be unsatisfactory with respect to satisfying the provisions of this Ordinance; or (2) The driver fails to comply with the applicable provisions of this Ordinance; or (3) Circumstances furnish grounds for the denial, suspension, revocation or refusal to renew the driver's identification card by the Sheriff under the terms of the applicable Ordinance of the County of San Diego; or (4) His/her California Driver's License is revoked or suspended; or (5) The driver is convicted of reckless driving or driving while under the influence of intoxicating liquors and/or narcotics; or (6) The driver has been convicted of assault, battery, resisting arrest, solicitation of prostitution, any crime involving force and violence, or reasonably and rationally is related to the ability or integrity of the driver to operate a for-hire vehicle or transport passengers; or (7) The driver has ever been convicted of a crime that requires registration under the California Penal Code as a sex offender. (b) For purposes of Subsections (a) (1) through (a) (6) of this section, a plea of nolo contendere, or a forfeiture of bail shall be considered a conviction if it occurred within the five (5) years immediately preceding the date of application for a permit or identification card. (c) Notwithstanding a driver's possession of a valid taxicab or LSV driver identification card, the Chief Executive Officer may deny, suspend, revoke, or refuse to renew the driver's privilege to operate a for-hire vehicle in the City if the driver falls within the provisions of this section. The Chief Executive Officer shall send a notice of prohibition the date postmarked to operate a taxicab or LSV to any holder of a Sheriff's driver identification card who is ineligible under Subsection (a) to operate a for- hire vehicle within the City limits. The notice of prohibition shall be appealable in accordance with Section 1.16. (Section 1.14 amended 5/12/2016) (Section 1.14 amended 8/7/2003) (Section 1.14 amended 11/14/2002) (Section 1.14 amended 6/24/1999) 56 -22- Section 1.15 - Surrender of Medallion (a) When a permit has been suspended or revoked, the operation of any for-hire vehicle authorized by such permit shall cease, and its medallion surrendered immediately to the Chief Executive Officer. (Section 1.15 amended 11/14/2002) Section 1.16 - Right of Administrative Appeal from Denial, Suspension or Revocation of Permit or Driver's Identification Card or Related Adverse Action (a) The permit holder or driver shall be notified that he or she may file with the Chief Executive Officer a written administrative appeal ten (10) days after delivery of the notice of revocation or suspension, or the denial of a license, permit, or driver's identification card, the notice of prohibition to operate or the imposition of a fine. The permit holder or driver shall set forth in the appeal the reasons why such action is not proper. (b) If no administrative appeal is filed within the proper time, the permit or driver's identification card shall be considered revoked, suspended or denied, and shall be surrendered, the fine be imposed, as applicable, or the notice of prohibition to operate take effect. (c) Except as provided in Subsection (d), once an administrative appeal is filed, the revocation or suspension of the permit or driver's identification card, the effect of the notice of prohibition to operate, or the imposition of the fine shall be stayed pending the final determination of the administrative appeal. (d) If, in the Chief Executive Officer's opinion, the continued operation of a for-hire vehicle or possession of a driver's identification card represents an unsafe condition for any passenger or pedestrian, the revocation or suspension of the related permit, driver's identification card, or the effect of any notice of prohibition to operate shall not be stayed. A revocation or suspension of a permit imposed for failure to comply with Section 1.8 (f) or Section 1.9 is rebuttably presumed to represent an unsafe condition pending the determination of the appeal or the correction of the violation, whichever shall occur first. Notwithstanding, no medallion shall be reaffixed to a vehicle until the violation under Sections 1.8 (f) or 1.9 has been corrected. (Section 1.16 amended 8/7/2003) (Section 1.16 amended 11/14/2002) Section 1.17 - Procedure Upon Administrative Appeal (a) When an appeal is filed, the Chief Executive Officer shall review the appeal, and based on additional information provided therein, may revise the findings and penalty; in accordance with the additional information provided; or cause the appeal to be assigned to a Hearing Officer, who shall expeditiously schedule the hearing before him/her. (1) The Chief Executive Officer shall use California Department of General Services, Office of Administrative Hearings Administrative Law Judges as Hearing Officers. The assignment of Administrative Law Judges as Hearing Officers shall be determined by the California Department of General Services, Office of Administrative Hearings. (2) The Hearing Officer shall be a member of the California State Bar and shall not be an MTS employee. 57 -23- (b) The appellant and the Chief Executive Officer or designate shall each have the right to appear in person and be represented by legal counsel, to receive notice, to present evidence, to call and cross-examine witnesses under oath, and to present argument. (c) An appellant may select an individual to interpret for them. MTS will not pay any costs or be held responsible for any aspect of the interpreter’s ability to accurately interpret the hearing. (1) The Hearing Officer shall have the power to compel attendance of witnesses and documents by subpoena, in accordance with state law. (2) The formal rules of evidence need not apply, and any relevant evidence that is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs shall be admissible. Hearsay evidence may be considered by the Hearing Officer, but no findings may be based solely on hearsay evidence unless supported or corroborated by other relevant and competent evidence. The formal exceptions to the hearsay rule shall apply. (d) The Chief Executive Officer shall promulgate supplementary rules and procedures for the conduct of the hearing, the forms of notice and proceedings, and the preparation and submission of the record. (e) The decision of the Hearing Officer shall be the final administrative remedy and shall be binding upon the parties to the appeal. (f) If the Hearing Officer decides to suspend or revoke a permit or driver's identification card, the appellant shall immediately surrender the medallion or driver's identification card to the Chief Executive Officer. (Section 1.17 amended 5/12/2016) (Section 1.17 amended 11/15/2012) Section 1.18 - Exceptions to Provisions (a) The provisions of this Ordinance do not apply to: (1) a vehicle properly licensed under the jurisdiction of the California Public Utilities Commission (CPUC) unless such vehicle also provides transportation services regulated by MTS under this Ordinance; (2) or to public transit vehicles owned, operated, or contracted for by MTS; or (3) to a vehicle properly licensed by the State or County as an ambulance. (b) For compliance purposes, MTS inspectors may inspect all CPUC licensed vehicles, ensure they are not exceeding the authority granted by their license or operating as unlicensed private- hire transportation provider. (Section 1.18 amended 12/14/2017) (Section 1.18 amended 5/12/2016) (Section 1.18 amended 11/15/2012) (Section renumbered to 1.18 9/24/1998) (Section 1.17 amended 1/12/1995) 58 -24- (Section 1.17 amended 6/24/1993) Section 1.19 - Chief Executive Officer's Authority to Adopt Rules and Promulgate a Schedule of Fines (a) Except where Board action is specifically required in this Ordinance, the Chief Executive Officer may adopt any rules and regulations reasonable and necessary to implement the provisions of this Ordinance. The Chief Executive Officer shall promulgate a schedule of administrative fines and penalties for violations of this Ordinance in lieu of the revocation or suspension of a permit or identification card, a copy of which schedule shall be filed with the Clerk of the Board. (Section renumbered to 1.19 9/24/1998) Section 1.20 - Americans with Disabilities Act (a) Permit holders, vehicles, and drivers are required to comply with the requirements of the federal Americans with Disabilities Act (ADA), and ADA regulations are hereby incorporated into MTS Ordinance No. 11 by reference. A violation of ADA requirements is a violation of this Ordinance and subject to a fine or suspension or revocation or a combination. (Section renumbered to 1.20 9/24/1998) (Section 1.19(a) was added 4/10/1997) SECTION 2.0 - TAXICABS AND/OR LSVs Section 2.1 - Types of Service (a) A taxicab or LSV is authorized to provide exclusive ride and group ride service. (Section 2.0 and 2.1 amended 8/7/2003) Section 2.2 - Rates of Fare (a) After a notice and open public hearing of the Taxicab Advisory Committee, MTS shall establish a maximum rate of fare for exclusive ride and group ride hire of taxicabs and/or LSVs except for trips from San Diego International Airport. A permit holder may petition the Board for any desired change in the maximum taxicab or LSV rates for exclusive ride and/or zone rates and group ride hire. (b) Taxicab trips from San Diego International Airport shall be at a uniform rate of fare. Rates for trips originating at the airport may include an extra charge equal to the Airport Trip Fee assessed against the individual taxicab operator by the San Diego County Regional Airport Authority. The extra may not be charged on any trip that does not originate at the airport or on any trip where the taxicab operator does not pay the fee to the San Diego County Regional Airport Authority. The extra charge may only be charged to the customer by utilizing the extra button on the taxicab meter. A driver may not verbally request payment. All taxicabs utilizing the Airport Trip Fee extra button must have a decal, approved by the Chief Executive Officer and the County of San Diego Office of Weights and Measures. The decal shall identify and accurately describe the extra charge consistent with regulatory requirements. 59 -25- (c) Each permit holder shall file with the Chief Executive Officer the rates of fare that he/she will charge, which shall not exceed the maximum rate set by the Board pursuant to Section 2.2(a). (1) Each taxicab permit holder shall have the taximeter set by properly licensed personnel for the rate that he/she will charge and have the taximeter sealed and inspected. (2) All taxicabs shall accept major credit cards including, but not limited to, VISA, MasterCard, American Express, and Discover. Fees shall not be passed onto passengers. (d) If a taxicab permit holder desires to change his/her rates of fare, he/she shall file with the Chief Executive Officer the new rates, reset the taximeter, have the taximeter sealed and inspected, and post the revised rates on each side of the taxicab as provided in Subsection (c) of this section. (e) It shall be unlawful for a permit holder or driver to operate any taxicab in the City, unless the vehicle is equipped with a taximeter that meets the requirements of the State of California. (1) The taximeter shall calculate fares upon the basis of a combination of mileage traveled and time elapsed. When operative with respect to fare indication, the fare- indicating mechanism shall be actuated by the mileage mechanism whenever the vehicle is in motion at such a speed that the rate of mileage revenue equals or exceeds the time rate, and may be actuated by the time mechanism whenever the vehicle speed is less than this, and when the vehicle is not in motion. (2) Waiting time shall include all time when a taxicab occupied or engaged by a passenger is not in motion or is traveling at a speed which is slow enough for the time rate to exceed the mileage rate. Waiting time will also include the time consumed while standing at the direction of the passenger or person who has engaged the taxicab. (3) It shall be the duty of every permit holder operating a taxicab to keep the taximeter in proper condition so that the taximeter will, at all times, correctly and accurately indicate the charge for the distance traveled and waiting time. The taximeter shall be at all times subject to the charge for the distance traveled and waiting time. (4) The taximeter shall be at all times subject to inspection by an MTS inspector or any peace officer. The MTS inspector or peace officer is hereby authorized at his or her instance or upon complaint of any person to investigate or cause to be investigated the taximeter, and upon discovery of any inaccuracy in the taximeter, or if the taximeter is unsealed, to remove or cause to be removed the vehicle equipped with this taximeter from the streets of the City until the taximeter has been correctly adjusted and sealed. Before being returned to service, the vehicle and taximeter must be inspected and approved by the Chief Executive Officer. (5) Any device repairperson who places into service, repairs, or recalibrates a taximeter shall record the tire size and pressure of the drive wheels of that vehicle, as tested, on the repair person's sticker. (6) It shall be the duty of the permit holder to ensure the proper device repair person's sticker is affixed to the taximeter and to ensure the tires are the proper size. 60 -26- (f) It shall be unlawful for any driver of a taxicab, while carrying exclusive or group ride passengers, to display the flag or device attached to the taximeter in such a position as to denote that the vehicle is for hire, or is not employed, or to have the flag or other attached device in such a position as to prevent the taximeter from operating. It shall be unlawful for any driver to throw the flag into a position which causes the taximeter to record when the vehicle is not actually employed, or to fail to throw the flag or other device into non-recording position at the termination of each and every service. (g) The taximeter shall be so placed in the taxicab that the reading dial showing the amount of fare to be charged shall be well-lighted and easily readable by the passenger riding in such taxicab. (h) It shall be unlawful for any permit holder and/or driver of a taxicab or LSV to demand of a passenger a charge for hire which is greater than the current maximum rate approved by the Board pursuant to Section 2.2 (a) or (b) of this Ordinance. (i) Except as provided in this section, is shall be unlawful for any permit holder and/or driver to demand of a passenger a charge for hire which is greater than the permit holder's meter rate filed with the Chief Executive Officer pursuant to Sections 2.1 (a), 2.2 (b), or 2.2 (c) of this Ordinance. (j) Nothing in this Ordinance shall preclude a permit holder or driver from agreeing with prospective passenger(s) to a rate of fare which is less than the permit holder's filed and posted rates of fare if the agreement is entered into in advance of the passenger(s), hiring the taxicab for the trip. (Section 2.2 amended 12/14/2017) (Section 2.2 amended 5/12/2016) (Section 2.2(c)(2)amended 11/15/2012) (Section 2.2(b) amended 4/19/2012) (Section 2.2 amended 8/7/2003) (Section 2.2 amended 5/8/2003) (Section 2.2 amended 11/14/2002) (Section 2.2 amended 6/24/1999) (Section 2.2 amended 9/24/1998; Section 2.2c operative May 1, 1999) (Section 2.2 amended 10/30/1997) (Section 2.2 amended 4/10/1997) Section 2.3 - Equipment and Specifications (a) No taxicab shall be operated until the taximeter thereon has been inspected, tested, approved and sealed by an authorized representative of the State of California, and thereafter so maintained in a manner satisfactory to the Chief Executive Officer. (b) Each taxicab may be equipped with a device which plainly indicates to a person outside the taxicab whether the taximeter is in operation or is not in operation. (c) Mandatory Exterior Markings: The permit holder must display one of the following exterior markings schemes on each taxicab: (1) Exterior Marking Scheme 1: The following must be displayed if in use of Exterior Marking Scheme 1: 61 -27- (A) The permit holder’s trade name shall be painted or permanently affixed in letters and numerals four (4) inches high all on one line on the upper third part of both rear doors or both rear quarter panels utilizing "Univers" or other Chief Executive Officer pre-approved font in black or white lettering to produce maximum contrast adequately spaced for maximum readability. In the event the trade name does not fit on one line utilizing four (4) inch lettering, the trade name lettering must be as large as possible, up to four (4) inches in height, to enable the trade name to fit on one line. (B) The medallion number shall be painted or permanently affixed, on both rear doors or both rear quarter panels, one (1) inch below the permit holder's trade name, six (6) inches high, utilizing "Univers" or other Chief Executive Officer pre-approved font in black or white lettering to produce maximum contrast adequately spaced for maximum readability. (2) Exterior Marking Scheme 2: The following must be displayed if in use of Exterior Marking Scheme 2: (A) The permit holder's trade name shall be painted or permanently affixed in letters and numerals four (4) inches high all on one line on the upper third part of both front doors utilizing "Univers" or other Chief Executive Officer pre- approved font in black or white lettering to produce maximum contrast adequately spaced for maximum readability. In the event the trade name does not fit on one line utilizing four (4) inch lettering, the trade name lettering must be as large as possible, up to four (4) inches in height, to enable the trade name to fit on one line. (B) The medallion number shall be painted or permanently affixed, on both front doors, one (1) inch below the permit holder's trade name, six (6) inches high, utilizing "Univers" or other Chief Executive Officer pre-approved font in black or white lettering to produce maximum contrast adequately spaced for maximum readability. (C) The permit holder's trade name and medallion number shall be painted or permanently affixed on the rear of the taxicab, four (4) inches high, utilizing "Univers" or other Chief Executive Officer pre-approved font in black or white lettering to produce maximum contrast adequately spaced for maximum readability. In the event the rear of the vehicle does not have four inches of vertical space for the trade name and medallion number, the rear lettering may be less than four inches, provided that it is easily readable from a distance of 50 feet. (d) Optional Exterior Vehicle Markings. The permit holder has the option of choosing to post any combination of the below-listed five options on his or her taxicab which must be posted only at the specific location and in the size noted. (1) Trade Name Logo. If the permit holder chooses to display his or her trade name logo, the trade name logo shall be posted only on the rear portion of both side rear quarter panels. (2) Dispatch Service Provider. If the permit holder chooses to display the dispatch service provider name or logo, the dispatch service provider name or logo cannot utilize the words "cab" or taxi." The dispatch service provider name or logo must be displayed only on the rear portion of both side rear quarter panels. 62 -28- (3) Telephone Number. If permit holder chooses to display a telephone number, the telephone number must be no more than three (3) inches in height and posted only on the top front portion of both front side quarter panels. (4) "Driver Carries Only $_ Change”. If the permit holder chooses to post "Driver Carries only $_ Change”, postings must be located only on rear quarter panels near the rear door but clear of the rates of fare. (5) "Leased to Driver”. If permit holder chooses to post "Leased to Driver," it must be posted only on both side rear quarter panels near the rear door but clear of the rate of fares in lettering no larger than 1 inch. (6) Body Numbers. If the permit holder chooses to post an internally assigned body number, different from the medallion number, the body number shall be posted in one (1) inch numerals on the front and rear bumpers. (e) All other exterior vehicle markings are prohibited unless they are directly related to the permit holder's business and pre-approved by the Chief Executive Officer. (f) All taxicabs shall be equipped and operated so that they may be dispatched by two- way radio or two-way electronic communication, monitored by a dispatcher, in response to a telephone or other request for service by a prospective passenger. (1) Means of dispatch device must be turned on, and audible to driver, at all times the taxicab is in service. (2) dispatch equipment, such as a two-way radio, cellular phone or tablet, shall be securely mounted within the vehicle in such a way to be visible to peace officers and MTS inspectors and allow for hands-free operation while the vehicle is in motion. (g) If radio dispatch capability is utilized, the dispatch service must abide by the following: the radio dispatch capability described in paragraph (d) of this section must be provided so as to conform to the regulations of the Federal Communications Commission (FCC) pertaining to Land Transportation Radio Services. Failure to conform to those regulations will additionally constitute a failure to meet the requirements of this section. (1) The current valid FCC license shall be on file with MTS. (2) Taxicab permit holder shall provide current proof the radio or electronic device has passed inspection by an MTS-approved inspector. (3) Taxicab radios shall have the capability to receive or transmit only on frequencies specified in the FCC license of the radio service subscribed to by the permit holder. (h) Each permit holder shall equip each permitted taxicab with a device capable of electronically processing credit card transactions. The device must be visible to all passengers and must allow the passenger to operate the payment device independently of the driver, without having to hand the credit card to the driver. The device must be fully operational at all times. The permit holder or dispatch service shall be the merchant of record associated with the device. Any means of electronic credit card acceptance is acceptable so long as it complies with the provisions set forth in Section 1.8 (r). 63 -29- (Section 2.3 amended 12/14/2017) (Section 2.3 amended 10/13/2016) (Section 2.3 amended 5/12/2016) (Section 2.3 amended 2/12/2015) (Section 2.3 amended 11/15/2012) (Section 2.3 amended 6/27/2002) (Section 2.3 amended 9/24/1998; Section 2.3c operative May 1, 1999) (Section 2.3 amended 6/27/1991; effective 7/27/1991) (Section 2.3 amended 4/10/1997) Section 2.4 - Operating Regulations (a) Operating regulations shall be promulgated and adopted from time to time by resolution of the Board. These resolutions will have the force of law and will be published and processed as though set forth in this Ordinance. (1) Smoking is not permitted at any time inside a MTS-permitted vehicle. (b) Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to the destination safely and expeditiously. (c) It shall be unlawful for the driver or operator of any taxicab or LSV to refuse a prospective or actual fare or to take any action to actively discourage a prospective or actual fare on the basis of race, creed, color, age, sex, national origin, disability, or for any other reason, unless it shall be readily apparent that the prospective or actual fare is a hazard to the driver or operator. Rude or abusive language directed to a passenger(s) or any physical action that a reasonable person would construe as threatening or intimidating shall be specifically defined as a violation of this section. (1) A driver, however, is not obligated to transport any person who is verbally or otherwise abusive to the driver. Such incidents shall also be noted on the trip log and notification shall be immediately sent to the dispatch service organization, which shall record the incident and keep the record for the minimum of 6 months. (2) A failure of the driver of any taxicab or LSV to assist a passenger with the loading or unloading of a reasonable size, number, and kind of passenger luggage or other items, when requested to do so, shall be specifically defined as a violation of this section. A driver is not required to lift any single piece of passenger luggage or other item that exceeds 25 pounds in weight. The requirement for loading or unloading assistance shall be limited to retrieval from or deposit onto the nearest curbside adjacent to the legally parked taxicab or LSV. A sign in the form of a transparent decal may be affixed to the rear-door, side window stating that, “DRIVER IS NOT REQUIRED TO LOAD LUGGAGE IN EXCESS OF 25 POUNDS PER ITEM OR OF A SIZE OR KIND THAT WILL NOT SAFELY FIT IN THE DESIGNATED LUGGAGE AREA OF THIS VEHICLE.” (3) A driver with a lawful disability that prevents him/her from handling items as defined in subsection (2) above is, upon submission of proof of such disability, relieved of responsibility for the requirements of subsection (2). A driver so situated may affix a small sign either in the passenger section of the vehicle to be clearly visible to a rear seat passenger or on the inside of the trunk cover lid stating that, “DRIVER HAS DISABILITY THAT PREVENTS HANDLING OF LUGGAGE.” 64 -30- (d) It shall be unlawful for taxicab operators to refuse or discourage a prospective or actual fare based upon trip length within the cities, or method of payment. Driver shall not refuse payment by credit card. (1) A vehicle designated as an LSV may refuse a prospective or actual fare if the trip distance is outside allowed areas of operations. (2) A failure to promptly dispatch (within the standards required by Sections 2.6(a)(1), (2), and (3) of this Ordinance), or any action by a driver of any taxicab or LSV to refuse or discourage a prospective or actual passenger who must transport foodstuffs or who must meet a medical appointment, irrespective of trip length, shall be specifically defined as a violation of this section so long as that prospective passenger has notified the dispatch service of this circumstance at the time a request for taxi service was made. (e) No driver of any taxicab or LSV shall stop, park, or otherwise leave standing a taxicab or LSV on the same side of the street in any block in which taxicabs or LSVs are already stopped, parked, or otherwise standing except the taxicab or LSV may actively unload in a passenger loading zone or be parked in a marked taxi/LSV stand. (f) No driver shall stop, park or otherwise leave standing a taxicab or LSV within one- hundred (100) feet of any other taxicab or LSV except in a marked taxi/LSV stand or while actively loading or unloading passengers. (g) No driver shall stop, park, or otherwise leave standing any MTS permitted vehicle within fifteen (15) feet of any fire plug except as modified in Section 2.5 of this Ordinance. (h) No driver shall stop, park or otherwise leave standing any MTS permitted vehicle in a disabled parking zone except as authorized per California Vehicle Code section 22507.8. (i) An out-of-service sign must be displayed when the taxicab or LSV is not available for hire and is being operated or is lawfully parked for purposes of maintenance, inspection, or personal use. The sign must be placed in a location in the vehicle that is clearly visible from the exterior of the vehicle. The sign must be of durable material and written in block letters in black ink and easily readable from a distance of not less than ten (10) feet. (j) A taxicab driver may seek passengers by driving through any public street or place without stops, other than those due to obstruction of traffic, and at such speed as not to interfere with or impede traffic. (k) It shall be unlawful, however, for the driver to seek passengers by stopping at or driving slowly in the vicinity of an entertainment center or transportation center or any other location of public gathering, in such a manner as to interfere with public access to or departure from th at center or location, or so as to interfere with or impede traffic. (l) It shall also be unlawful for a taxicab or LSV driver, having parked and left his or her taxicab or LSV, to solicit patronage among pedestrians on the sidewalk, or at any entertainment center, transportation center, or other location of public gathering. (m) No person shall solicit passengers for a taxicab or LSV other than the driver thereof; however, the Chief Executive Officer may authorize a dispatcher to solicit passengers and assist in loading passengers at such times and places as, in his or her discretion, public service and traffic conditions require. 65 -31- (n) It shall be unlawful for the driver or operator of any taxicab or LSV to remain standing in any established taxicab or LSV stand or passenger loading zone, unless the driver or operator remains within twelve (12) feet of his or her taxicab or LSV, except when the driver or operator is actually engaged in assisting passengers to load or unload. (o) Only paying passengers and persons specifically authorized by the Chief Executive Officer may occupy a taxicab or LSV that is already occupied by a paying passenger. No driver, once a paying passenger has occupied the taxicab or LSV, shall permit any other nonpaying passenger to occupy or ride in the taxicab or LSV. (p) It shall be unlawful to respond to a call for service dispatched to another operator except when an LSV refers service to another operator because the trip distance is outside of the approved area of jurisdiction. (q) The taxicab or LSV driver shall maintain a daily trip log which shall be available for inspection upon request by any peace officer or MTS inspector. The trip log will accurately show the driver’s name, taxicab or LSV number, date, time, beginning odometer reading, starting and ending locations, type of service provided, and fare paid for each trip provided. (1) The daily trip log shall consist, at a minimum, of a five- by seven-inch paper form retained on a stiff-board writing surface with ruled lines and columns sufficient to contain the required information. All entries will be in black or dark blue ink, block letters, and be clearly legible. Colored paper that is lightly shaded is allowed provided there is sufficient contrast for entries to be easily read. Onboard electronically generated reports that meet the legibility requirements are acceptable. (2) The driver shall deliver trip logs to the permit holder upon request or at a weekly interval, whichever is less. (r) All operating regulations set forth in Section 1.8 apply. (s) The permit holder for any taxicab or LSV with a permit issued after July 1, 1991, shall comply with the following: (1) The color scheme of the vehicle may conform to that of the dispatch service. (2) Establish a business office in a location available to the public, and have staff on duty during regular business hours. (3) File with MTS, and charge a rate of fare common to the radio service organization providing service required by this Ordinance. (4) Maintain a current executed taxicab driver lease agreement for each current driver that includes all aspects of the business relationship between the permit holder and the lessee, and written receipts of all payments from lessee. (t) The taxicab company or the driver of the taxicab shall notify the passenger of the applicable rate prior to the passenger accepting the ride for walkup rides and street hails if different than the posted maximum rate. (Section 2.4 amended 12/14/2017) (Section 2.4 amended 10/13/2016) (Section 2.4 amended 5/12/2016) 66 -32- (Section 2.4 amended 2/12/2015) (Section 2.4 amended 11/15/2012) (Section 2.4 amended 8/7/2003) (Section 2.4 amended 11/14/2002) (Section 2.4 amended 6/24/1999) (Section 2.4 amended 2/13/1997) (Section 2.4 amended 6/27/1991; effective 7/27/1991) Section 2.5 - Stands (a) The Chief Executive Officer may establish, locate and designate shared use taxicab/LSV stands for one or more taxicabs/LSVs, which stands when so established shall be appropriately designated "Taxis/LSVs Only." The operating regulations of this Ordinance shall apply to such stands and to taxicab/LSV stands established by the San Diego Unified Port District in areas under its jurisdiction within the City. (b) Each taxicab or LSV stand established hereunder may be in operation twenty-four (24) hours of every day, unless otherwise specified by the Chief Executive Officer. (c) Any individual, partnership, association, or other organization may petition MTS requesting that a new taxicab/LSV stand be established, or that the location of an existing taxicab/LSV stand be changed to another location. A nonrefundable filing fee to be determined by the Chief Executive Officer must be paid at the time the petition is submitted. (d) It shall be unlawful for a vehicle other than a taxicab or LSV with a proper MTS taxicab or LSV permit to occupy a taxi/LSV stand. (e) LSVs may only occupy taxicab stands that are specially signed, designated their approved use. (Section 2.5 amended 11/15/2012) (Section 2.5 amended 8/7/2003) Section 2.6 - Dispatch Services (a) In order to provide taxicab or LSV dispatch service required by Section 2.3(d, e), the dispatch service organization adding or changing subscribers after July 1, 1991 shall establish and conform to written policies and procedures concerning the following: (1) Standard time elapse for answering the telephone service-request line(s). (2) Standard time elapse for the taxicab's or LSV's arrival at requested pick-up location. (3) Passenger's request for a specific driver ("personals"). (4) Additional two-way communication devices (mobile or cellular phones) in taxicabs or LSVs (5) Lost and found for passengers' items. (6) Assignment of vehicle body numbers. 67 -33- (7) Immediately notify the permit holder of all lost items and inquiries. Current written policies and procedures shall be available to subscribers from the radio dispatch organization, and on file with MTS. (b) Taxicab and/or LSV service organizations shall, 24 hours a day, have dispatch staff on duty at the business location, which must be a preapproved physical address, answer telephone- request line(s), properly dispatch those requests to all members, provide radio response to all licensed radio frequencies/channels, and respond to direct requests from drivers, permit holders, and MTS as well as law enforcement and local regulatory agencies. (c) Taxicab and or LSV dispatch services shall keep written records of all requests for taxi and/or LSV service, calls dispatched, and the time(s) each taxicab and/or LSV goes in and out of service. These records shall be kept on file for a minimum of six (6) months, and made available to MTS, upon request. (d) No person, partnership, corporation, association, other organization providing radio or other dispatch service shall dispatch a request for service to a driver, owner, or vehicle unless the driver, owner, and vehicle are properly licensed to provide the service requested. (e) The Chief Executive Officer may, at any time, revoke or suspend the taxicab or LSV privileges of or fine any person, partnership, corporation, association, other organization providing radio or other dispatch service that violates a provision of this ordinance. (Section 2.6 amended 12/14/2017) (Section 2.6 amended 10/13/2016) (Section 2.6 amended 11/15/2012) (Section 2.6 amended 8/7/2003) (Section 2.6 amended 9/24/1998) (Section 2.6 added 6/27/1991; effective 7/27/1991) Section 2.7 - Driver Safety Requirements (a) No taxicab vehicle shall be operated unless such vehicle is equipped with an emergency signaling device approved by the Chief Executive Officer. (b) No taxicab vehicle may be operated with window tinting, shades, or markings that could interfere with a clear view of the cab interior from the outside, unless equipped by the vehicle manufacturer and approved by an MTS inspector. (c) Taxicab/ dispatch services required by Section 2.3 shall at all times have a dispatch staff person on duty who has successfully completed a driver safety training course approved by the Chief Executive Officer. (d) The use of a cellular phone or other similar electronic device by drivers is prohibited at all times when the vehicle is in motion. Otherwise, California Vehicle Code rules apply. (Section 2.7 amended 12/14/2017) (Section 2.7 amended 10/13/2016) (Section 2.7 amended 5/12/2016) (Section 2.7 amended 11/15/2012) (Section 2.7 amended 8/7/2003) (Section 2.7 added 9/24/1998) 68 -34- SECTION 3.0 - CHARTER VEHICLES Section 3.1 - Rates of Fare (a) Within thirty (30) calendar days following the issuance of a permit by the Chief Executive Officer, each permit holder shall file a document with the Chief Executive Officer reflecting the rates of fare being charged by said permit holder for charter services. (b) If a permit holder desires to change the rates of fare being charged for charter services during any calendar year, he shall first file a document with the Chief Executive Officer indicating said changes, and no change shall be effective until fourteen (14) days following the filing of said change. (c) No permit holder shall charge any rate of fare for charter services unless said rates are on file with the Chief Executive Officer as aforesaid, and duly displayed. (d) The rates of fare shall be established by a prearranged written contract on a per-mile or per-hour basis. (Section 3.1 amended 4/10/1997) Section 3.2 - Operating Regulations (a) It shall be unlawful for any charter vehicle to remain standing on any public street in the City, except such reasonable time necessary when enabling passengers to load or unload. (b) It shall be unlawful for any person, either as owner, driver, or agent, to approach and solicit patronage upon the streets, sidewalks, in any theater, hall, hotel, public resort, railway or airport, or light rail transit station. (c) The charter for-hire vehicle driver shall maintain a daily trip log which shall be available for inspection upon request by any peace officer or MTS inspector. The trip log will accurately show the driver's name and the medallion number on the vehicle. In addition, the trip log shall identify the scheduling parties by name, date, and time of the prearranged hire. If the trip is medical in nature, the passenger’s name may be omitted. (d) All other operating regulations defined in Section 1.8 apply. (Section 3.2 amended 12/14/2017) (Section 3.2 amended 11/14/2002) SECTION 4.0 - SIGHTSEEING VEHICLES Section 4.1 - Rates of Fare (a) Within thirty (30) calendar days following the issuance of a permit by the Chief Executive Officer, each permit holder shall file a document with the Chief Executive Officer reflecting the rates of fare being charged by said permit holder of sightseeing vehicle services. (b) If a permit holder desires to change the rates of fare being charged for sightseeing services during any calendar year, he shall first file a document with the Chief Executive Officer 69 -35- indicating said changes, and no change shall be effective until fourteen (14) days following the filing of said changes. (c) No permit holder shall charge any rate of fare for sightseeing services unless said rates are on file with the Chief Executive Officer as aforesaid, and duly displayed. (d) The rate of fare shall be established on a per capita or per event basis. (Section 4.1 amended 4/10/1997) Section 4.2 - Operating Regulations (a) It shall be unlawful for any sightseeing vehicle to remain standing on any public street in the City, except such reasonable time necessary when enabling passengers to load or unload. (b) It shall be unlawful for any person, either as owner, driver, or agent, to approach and solicit patronage upon the streets, sidewalks, in any theater, hall, hotel, public resort, railway or airport, or light rail transit station. (c) All other operating regulations defined in Section 1.8 apply, except Section 1.8 (v). SECTION 5.0 - NONEMERGENCY MEDICAL VEHICLES Section 5.1 - Rates of Fare (a) Within thirty (30) calendar days following the issuance of a permit by the Chief Executive Officer, each permit holder shall file a document with the Chief Executive Officer reflecting the rates of fare being charged by said permit holder for nonemergency medical vehicle services. (b) If a permit holder desires to change the rates of fare being charged for nonemergency medical vehicle services during any calendar year, he shall first file a document with the Chief Executive Officer indicating said changes, and no change shall be effective until fourteen (14) days following the filing of said change. (c) No permit holder shall charge any rate of fare for nonemergency medical vehicle services unless said rates are on file with the Chief Executive Officer as aforesaid.. (d) The rate of fare for exclusive ride service shall be established on a per capita plus per mile basis. (e) The rates of fare for shared ride service shall be established on a per capita plus per mile basis, or on a per capita plus per zone basis. (Section 5.1 amended 12/14/2017) (Section 5.1 amended 4/10/1997) Section 5.2 - Operating and Equipment Regulations (a) It shall be unlawful for any nonemergency medical vehicle to remain standing on any public street in the City, except when enabling passengers to load or unload. 70 -36- (b) All other operating regulations defined in Section 1.8 apply. (c) Special equipment on a nonemergency medical vehicle shall, at all times the vehicle is in operation, be in proper working order. Such vehicles equipped with wheelchair ramps or lifts shall have proper device(s) to secure each wheelchair on board. (d) The permit holder is responsible for ensuring that the driver of a nonemergency medical vehicle is properly trained: (1) in the use of any of the vehicle's special equipment; (2) concerning supervision of or assistance to the disabled passengers whom the driver is to transport. (Section 5.2 amended 6/22/1995) (Section 5.2 amended 6/24/1993) Section 5.3 - Driver Identification Cards In addition to the requirements set forth in Section 1.12, nonemergency medical vehicle drivers shall acquire and maintain valid proof of proper first-aid and CPR training. (Section 5.3 added 6/24/1993) SECTION 6.0 - JITNEY VEHICLES Section 6.1 - Rates of Fare (a) Within thirty (30) calendar days following the issuance of a permit by the Chief Executive Officer, each permit holder shall file a document with the Chief Executive Officer reflecting the rates of fare being charged by said permit holder for jitney services. (b) If a permit holder desires to change the rates of fare being charg ed for jitney services during any calendar year, he shall first file a document with the Chief Executive Officer indicating said changes, and no change shall be effective until fourteen (14) days following the filing of said change. (c) No permit holder shall charge any rate of fare for jitney services unless said rates are on file with the General Manage as aforesaid, and duly displayed. (d) The rates of fare shall be established on a per capita basis. (Section 6.1 amended 4/10/1997) Section 6.2 - Jitney Routes (a) A permit holder who wishes to provide a fixed route service shall apply to the Chief Executive Officer for authorization to serve a defined route with a specific vehicle. No for -hire vehicle may be operated as a jitney until it has met all other requirements of this Ordinance and has been approved for service on a specific fixed route. A jitney may be authorized to serve more than one route; however, a jitney may provide fixed route service on only those routes which the Chief Executive Officer has approved in writing for that vehicle. 71 -37- (b) The application for a fixed route shall be in writing and shall contain the following information: (1) A description of the vehicle(s) which will be utilizing the route; (2) A detailed written description of the route, to include starting location, ending location, and the street name and direction of travel for all streets to be used in the route; (3) A map in sufficient detail to clearly indicate the proposed route; (4) The fare to be charged; and (5) Such other information as the Chief Executive Officer may, in his or her discretion, require. (c) Upon approval of a fixed route by the Chief Executive Officer, the permit holder shall display a representation of the route, the fare, and the permit holder's trade name on each side of the vehicle in letters large enough to be easily read by potential customers in accordance with the standards established by the Chief Executive Officer under Section 6.5 of this Ordinance. Only one (1) route may be displayed on a vehicle at any time. (d) If a permit holder wishes to alter his or her approved fixed route(s), he or she must apply in writing to the Chief Executive Officer, submitting the information required in Section 6.2 (b). (e) The Chief Executive Officer may, in his or her discretion, place conditions on the approval of fixed routes. (f) The Chief Executive Officer may change a route that has been approved previously when the Chief Executive Officer finds it necessary to do so. A change of route may be necessary when a street has been closed temporarily or permanently because of construction, or the direction of a street has been changed, or a street has been vacated, or for similar reasons as determined by the Chief Executive Officer. The Chief Executive Officer shall notify in writing any permit holder whose route has been changed. The Chief Executive Officer's change of a route is subject to appeal under Section 1.16 of this Ordinance. (g) Except as provided for within this subsection, an approved fixed route may not be transferred to another vehicle or permit holder. A permit holder may receive approval for a vehicle that is replacing a jitney already in service to use the approved fixed routes of the replaced vehicle. (Section 6.2 amended 11/14/2002) Section 6.3 – Operating Regulations (a) It is unlawful for any jitney to remain standing on any public street in the City, except when enabling passengers to load or unload, or except when standing in a jitney holding zone for the time period established by MTS. (b) It is unlawful for any person including, but not limited to, a jitney owner, driver, or agent thereof, to approach and solicit patronage upon the streets, sidewalks, in any theater, hall, hotel, public resort, railway, airport, or light rail transit station. 72 -38- (c) A peace officer or MTS inspector may authorize a dispatcher to solicit passengers and assist with loading passengers at such times and places as, in his/her discretion, public service and traffic conditions require. (d) Except when a driver or operator is actually engaged in assisting passengers to load or unload, a jitney driver or operator must remain within twelve (12) feet of his/her jitney while the jitney is in service. (e) It is unlawful for a jitney vehicle to operate a fixed route service on other than that route designated by the Chief Executive Officer. (f) It shall be unlawful for a jitney driver to load or unload passengers in any place other than an authorized jitney stop, bus stop, or passenger loading zone. (g) All other operating regulations defined in Section 1.8 apply. (Section 6.3 amended 11/14/2002) Section 6.4 - Jitney Holding Zones (a) The Chief Executive Officer may, by resolution, locate and designate holding zones for one (1) or more jitneys, which holding zones when so established, shall be designated by appropriate signs. The operating regulations of Section 6.3 shall apply to any holding zones so established, and to holding zones established by the San Diego Unified Port District in areas under its jurisdiction. The Chief Executive Officer may, by his or her discretion, establish the maximum number of jitneys permitted to remain standing at one time in a holding zone. (b) Each holding zone established hereunder shall be in operation twenty-four (24) hours of every day, unless otherwise specified by the Chief Executive Officer. The Chief Executive Officer shall adopt written standards to determine whether to allow holding zones to be in operation fewer than twenty-four (24) hours every day. If a holding zone is to be in operation fewer than twenty-four (24) hours every day, the Chief Executive Officer shall cause signs to be posted at or near the holding zone indicating the hours and days of operation. (c) The Chief Executive Officer may, on his or her own motion, establish holding zones. (d) Any individual, partnership, corporation, association or other organization may petition MTS requesting that a new holding zone be established. The petition must be filed in writing with the Chief Executive Officer or his/her designee. The petition must state the reason for the request and the proposed location(s). The Board may approve, deny, or modify the request. (e) Whether initiated by the Chief Executive Officer under Subsection (c) of this section or by persons described in Subsection (d) of this section, before any holding zone is established, the proposed location of any holding zone must be reviewed by the Traffic Engineer of the City. The Traffic Engineer shall report his/her recommendations to approve, deny, or modify the proposed location in writing to the Chief Executive Officer. The Traffic Engineer's report shall include a statement of reasons supporting the recommendation to the Chief Executive Officer. (f) The Chief Executive Officer shall, by resolution, establish a maximum time limit for individual jitneys to remain standing in any holding zone. The time limit shall apply uniformly to all holding zones. 73 -39- (g) It shall be unlawful for a vehicle other than a jitney with a proper MTS jitney permit to occupy a jitney holding zone. (Section 6.4 amended 11/15/2012) Section 6.5 - Equipment and Specifications (a) Each jitney shall bear on the outside, signs clearly designating the route which it serves. The specifications of the sign are subject to the approval of the Chief Executive Officer. The Chief Executive Officer shall adopt written standards for approval or denial of the size of the signs, the location of the signs on the vehicle, the size of the lettering or graphics on the signs, and other specifications that the Chief Executive Officer finds necessary. (b) All jitney vehicles must bear a trade name and shall be assigned a body number by the permit holder. The trade name and body number so assigned shall be placed on the vehicle in accordance with written standards adopted by the Chief Executive Officer. Any violation of this Ordinance shall constitute an infraction unless otherwise specified. SECTION 7.0 – LOW -SPEED VEHICLES Section 7.1 – Low-Speed Vehicle (LSV) Definition Low-Speed Vehicles (LSV) shall mean every vehicle that is designated per the requirements of Ordinance No. 11, Section 1.1(c). LSVs may operate by zones and/or a prearranged basis as set forth in Section 1.1 (d) (1)-(5). (Section 7.0 and 7.1 added 8/7/2003) Section 7.2 – Establishment of Zones The Chief Executive Officer shall establish and authorize the use of zones of operation. (Section 7.2 added 8/7/2003) Section 7.3 – Zone Rates of Fare (a) All vehicles permitted as LSV may use two methods of seeking compensation, either by zone rates or on a prearranged basis. Either method may be used when working inside of an approved zone. However, when operating on a prearranged charter basis, within an approved zone, no operator may exceed the maximum number of vehicles that are permitted. (b) Within thirty (30) calendar days following the issuance of a permit by the Chief Executive Officer, each permit holder shall file a document with the Chief Executive Officer reflecting the rates of fare being charged by said permit holder for LSV services. (c) When a permit holder desires to change the rates of fare being charged for LSV services during any calendar year, he shall first file a document with the Chief Executive Officer indicating said changes, and no change shall be effective until fourteen (14) days following the filing of said change. (d) No permit holder shall charge any rate of fare for LSV services unless said rates are on file with the Chief Executive Officer as aforesaid, and duly displayed. 74 -40- (e) The rates of fare shall be established by a zone and/or prearranged written contract on a per-mile or per-hour basis. (f) The maximum rates of fare shall be established pursuant to Section 2.2. (Section 7.3 amended 10/13/2016) (Section 7.3 added 8/7/2003) Section 7.4 – Spare Vehicle Policy (a) The following sets out procedures for LSV permit holders to place a spare vehicle into service as either a temporary replacement for a permitted vehicle that is out of service for recharging or mechanical problems. (1) Spare LSVs must be marked with the approved company markings. (2) In place of the medallion number, the spare LSV must be marked “Spare LSV.” Where more than one spare LSV is being requested, under the provisions of paragraph 9, the LSVs will be marked “Spare LSV 1,” “Spare LSV 2,” and so on. The “Spare LSV” marking should be sized to fit in approximately the same space as the medallion number would otherwise be placed with legibility and visibility being the primary criteria. (3) Spare LSVs must be inspected upon initial issuance and annually thereafter. (4) All spare LSVs must meet all MTS insurance requirements. (5) To use a spare LSV that meets the requirements of 1 through 4 above, the permit holder must communicate in writing (facsimile is acceptable), a request to place a spare LSV into service. The request must state: (A) the medallion number of the LSV being taken out of service, the reason for being out of service, and the location of the out-of-service LSV; and (B) the estimated time the spare LSV will be in use. (6) When the out-of-service LSV is ready to re-enter service, the permit holder must immediately notify MTS in writing (facsimile is acceptable). (7) The out-of-service LSV may not be required to be reinspected to be placed back into service. (8) The spare LSV must be removed from service at the time the LSV it has been replacing is placed back into service. (9) Under normal circumstances, a permit holder may utilize spare LSVs. Permit holders may utilize spare LSVs in a ratio of 3:1 permits held. (10) Spare LSVs that are placed in service may only operate inside of the MTS- approved zone or zones. A permit holder shall not operate more spare vehicles than he/she has regular permitted vehicles. 75 -41- (11) A permit holder found to have operated a spare LSV in deliberate violation of these procedures will be subject to immediate suspension/revocation of the permit and the loss of the spare LSV utilization privilege. (Section 7.4 amended 10/13/2016) (Section 7.4 amended 10/16/2003) (Section 7.4 added 8/7/2003) Section 7.5 – LSV Driver Identification Cards (a) Refer to Section 1.12 of this Ordinance to reference driver and permit holder ID requirements. (Section 7.5 added 8/7/2003) Section 7.6 - Equipment and Specifications (a) Each LSV shall display whether out of service in accordance with section 2.4 (i) of this Ordinance, which shall indicate to a person outside the LSV whether the LSV is in operation or is not. (b) Exterior Markings (1) Mandatory Exterior Vehicle Markings. The medallion number shall be painted or permanently affixed, on the front of the vehicle, one (1) inch below the permit holder's trade name, two (2) inches high, utilizing "Univers" or other Chief Executive Officer pre-approved font in black or white lettering to produce maximum contrast adequately spaced for maximum readability. (2) Optional Exterior Vehicle Markings. The permit holder has the option of choosing to post any combination of the below-listed five options on his or her LSV which must be posted only at the specific location and in the size noted and are subject to the Chief Executive Officer's approval. (A) Trade Name Logo. If the permit holder chooses to display his or her trade name logo, the trade name logo shall be posted only on the rear portion of both side rear quarter panels. (B) Radio Service Provider. If the permit holder chooses to display the radio service provider name or logo, the radio service provider name or logo cannot utilize the words "cab" or taxi." The radio service provider name or logo must be displayed only on the rear portion of both side rear quarter panels. (C) Telephone Number. If permit holder chooses to display a telephone number, the telephone number must be no more than two (2) inches in height and posted only on the top front portion of both front side quarter panels. (D) "Driver Carries Only $_ Change". If the permit holder chooses to post "Driver Carries only $_ Change", postings must be located only on panels near the rear door but clear of the rates of fare. 76 -42- (E) "Leased to Driver". If permit holder chooses to post "Leased to Driver," it must be posted only on both rear quarter panels near the rear door area but clear of the rate of fares in lettering no larger than 1 inch. (3) All other exterior vehicle markings are prohibited unless they are directly related to the permit holder's business and pre-approved by the Chief Executive Officer. (c) All LSVs shall be equipped and operated so that they have adequate means of electronic communication during business hours. The LSV company business address shall serve as the storefront for the purpose of handling lost and found items. All other operational requirements she be met as set forth in section 1.8 (C). (Section 7.6 amended 12/14/2017) (Section 7.6 amended 10/4/2016) (Section 7.6 added 8/7/2003) SECTION 8 - EFFECTIVE DATE OF ORDINANCE This Ordinance shall be effective 30 days after adoption, and before the expiration of 15 days after its passage, this Ordinance shall be published once with the names of the members voting for and against the same in a newspaper of general circulation published in the County of San Diego. Amended: 12/14/2017 Amended: 10/13/2016 Amended: 5/12/2016 Amended: 9/17/2015 Amended: 2/12/2015 Amended: 11/15/2012 Amended: 4/19/2012 Amended: 10/16/2003 Amended: 8/7/2003 Amended: 5/8/2003 Amended: 11/14/2002 Amended: 6/27/2002 Amended: 5/23/2002 Amended: 6/24/1999 Amended: 9/24/1998 Amended: 10/30/1997 Amended: 4/10/1997 Amended: 2/13/1997 Amended: 11/9/1995 Amended: 6/22/1995 Amended: 1/12/1995 Amended: 6/24/1993 Amended: 6/27/1991 Amended: 5/23/1991 Amended: 10/11/1990 Repealed & Readopted: 8/9/1990 Amended: 4/12/1990 Amended: 4/27/1989 Adopted: 8/11/1988 77 P a g e | 1 September 11, 2018 File ID: 18-0403 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH ADVANTAGE SENTRY AND PROTECTION, INC. TO PROVIDE INMATE TRANSPORTATION SERVICES RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista issued a Request for Proposal (RFP) for companies to provide inmate transportation services for the Police Department. As a result of RFP process, the Police Department recommends the selection of Advantage Sentry and Protection Inc. to provide inmate transportation services. 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 Not Applicable DISCUSSION On July 27, 2018, the City issued a Request for Proposal (# P03-18/19) for inmate transportation services at the Police Department jail. Sixteen companies were notified of the RFP, and eleven downloaded the RFP documents. Only one company (Advantage Sentry and Protection, Inc.) submitted a proposal. Advantage Sentry and Protection Inc. (ASAP) has been providing inmate transportation services for the Police Department since 2011. The Police Department recommends continued services with ASAP due to its existing working relationship, and believes that this company is experienced and staffed in a manner such that they can deliver the services required to meet the Department’s needs. This service will require that the contractor assume custody of prisoners and provide transportation of prisoners to and from locations designated by the City. In assuming custody of such prisoners, the 78 P a g e | 2 contractor shall perform their responsibilities for security and control of prisoners in accordance with all state and federal requirements. This includes compliance with the Interstate Transportation of Dangerous Criminals Act of 2000 (DOJ’s, 28 CFR, Part 97). The contractor shall also comply with the City of Chula Vista Jail policy relating to Inmate Transportation. The Police Department will conduct a criminal background investigation on all contractor personnel providing prisoner transportation services. The cost of inmate transportation services by ASAP is $45.00 per hour with a minimum of 2 hours. During holidays, the cost is $67.50 per hour with a minimum of 2 hours. Transportation services are available at all times (24 hours each day, 365 days each year). The hourly rate includes all costs such as transportation, fueling, monitoring, billing and report review. The agreement term with ASAP for inmate transportation services will be for an initial period of one (1) year, with renewal options for up to four (4) successive one-year periods upon mutual agreement of both parties. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Inmate transportation services support the goal of Strong and Secure Neighborhoods by providing critical public safety services relating to jail operations. CURRENT-YEAR FISCAL IMPACT Estimated annual prisoner transportation costs of $200,000 are already included in the Police Department budget. Approval of this resolution has no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT Annual prisoner transportation costs will be included in each year’s budget. Any increases in contract pricing must be negotiated between the City and the contractor. ATTACHMENTS Attachment 1: RFP P03-18/19 for Inmate Transportation Attachment 2: Agreement with Advantage Sentry and Protection, Inc. for Inmate Transportation Services Staff Contact: Jonathan Alegre, Police Department 79 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH ADVANTAGE SENTRY AND PROTECTION, INC. TO PROVIDE INMATE TRANSPORTATION SERVICES WHEREAS, the City issued a Request for Proposal (RFP # P03-18/19) for inmate transportation services at the Police Department jail; and WHEREAS, Advantage Sentry and Protection, Inc. was selected as a result of the Request for Proposal process and has been providing inmate transportation services for the Police Department since 2011; and WHEREAS, Advantage Sentry and Protection, Inc. warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required to the City in accordance with the time frames and the terms and conditions of the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement for Inmate Transportation Services, between the City and Advantage Sentry and Protection, Inc., in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk,and authorizes and directs the Mayor to execute same. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 80 RFP P03-18/19 July 27, 2018 1 | P a g e THE CITY OF CHULA VISTA REQUEST FOR PROPOSAL RFP P03-18/19 Notice is hereby given that proposals will be received until 12:00 P.M. on Monday, August 13, 2018, Pacific Standard Time (PST), furnishing the City of Chula Vista with: INMATE TRANSPORTATION Prospective respondents are hereby referred to the proposal instructions, general provisions, and terms and conditions contained in this request for proposal. All proposals must be submitted through PlanetBids by the due date and time. Late proposals will not be considered. Questions related to the proposal must be submitted to Alex Ortiz via PlanetBids. Questions must be received by 3:00 pm Wednesday, August 1, 2018. Answers will be uploaded as an addendum in PlanetBids no later than 5:00 pm Monday, August 6, 2018. The City reserves the right to reject any or all proposals received any portion of any proposal and to waive any irregularities or informalities in proposals or the RFP process. Any addenda that are issued through this RFP must be signed and returned with your submittal. Alex Ortiz Procurement Specialist 81 RFP P03-18/19 July 27, 2018 2 | P a g e Statement of Purpose The City of Chula Vista ("the City") is soliciting proposals from qualified Private Prisoner Transport Companies (Contractor) to provide Inmate Transportation services for an hourly fee per Transport Officer. If approved by City Council or authorized Purchasing Agent, the Contractor will execute a two-party agreement for the above-mentioned services. The agreement will be for a one (1) year base term with four one-year option terms. Background Chula Vista was incorporated in 1911, and functions under a City Charter with a Council/Manager form of government. The City of Chula Vista is the second largest City in San Diego County, encompassing 50 square miles with an approximate population of 267,000 residents. The Chula Vista Police Department is a municipal law enforcement agency consisting of 237 sworn personnel. The Police Department operates an 8,000 sq. ft., 50 bed, Type I and II jail facility. The jail serves two primary inmate populations, and utilizes private prisoner inmate transportation for three primary purposes. First, the jail processes bookings of inmates arrested locally by officers of the City of Chula Vista Police Department. Those inmates are booked into the jail and later released or transported to other facilities within the County of San Diego. Many of those transportations were handled by private prisoner transportation companies. In most cases, locally-arrested inmates were transported at a ratio of up to three inmates per single private prisoner transportation employee. Private prisoner transportation services for local inmates were billed hourly. In calendar year 2017, the jail processed and transported the following numbers of local inmates: MONTH TOTAL LOCAL INMATES BOOKED PRIVARE PRISONER INMATE TRANSPORTS PRIVATE PRISONER TRANSPORT HOURS JAN 2017 258 208 321.8 FEB 2017 204 154 255.3 MAR 2017 255 214 295.6 APR 2017 242 184 327.5 MAY 2017 250 195 316.0 JUN 2017 237 205 322.8 JUL 2017 278 224 356.5 AUG 2017 280 226 335.0 SEP 2017 211 159 335.0 OCT 2017 251 195 319.5 NOV 2017 255 202 326.3 DEC 2017 236 178 362.7 82 RFP P03-18/19 July 27, 2018 3 | P a g e Second, the jail currently contracts with the United States Marshals Service (USM) to house a maximum of 46 inmates. USM inmates may be held in the City Jail for approximately 365 days. During their time in the custody of the jail, USM inmates may be transported to or from other USM detention centers within the County of San Diego, to or from other federal facilities within the County of San Diego (such as a federal courthouse), or to or from a medical clinic located within the County of San Diego. When transported to a medical clinic for minor medical services, private prisoner transportation service providers are required to remain with the inmate(s) during their entire course of stay at the clinic. Many of those transportations were handled by private prisoner transportation companies. In all cases, USM inmates were transported by two private prisoner transportation employees. Private prisoner transportation services for USM inmates were billed hourly. See attachment A for specific U.S. Marshal Service guidelines. In calendar year 2017, the jail housed the following Average Daily Population (ADP) of USM inmates, and experienced the following private prisoner transportation and medical clinic hours for USM inmates: MONTH USM INMATE AVG. DAILY POPULATION USM INMATE TRANSPORT HOURS USM INMATE CLINIC HOURS JAN 2017 31.5 158.5 24.25 FEB 2017 36.5 143 16 MAR 2017 37.3 165 28 APR 2017 31.1 187.5 11 MAY 2017 35.9 169 34 JUN 2017 38.6 180 12.5 JUL 2017 37.7 161 40 AUG 2017 38.5 185 30 SEP 2017 40.9 185 30 OCT 2017 39.6 153 24 NOV 2017 39.7 128 17.5 DEC 2017 40.0 137 26 Finally, private prisoner inmate transportation services may be used to provide inmate security guard(s) for local inmates receiving treatment at a medical facility within the County of San Diego. In 2017, the circumstances requiring these services were extremely rare, occurring only a few times during the year, and statistical data was not available. In each case, security guards were needed only until the inmate could be released and subsequently transported to another facility, until the inmate could be arraigned while within the facility, or until other arrangements could be made. Generally, guard services on each occasion consisted of a period between about 24 to 72 hours in length. 83 RFP P03-18/19 July 27, 2018 4 | P a g e The City is a leader in conservation and renewable energy. Municipal services provided include police, fire, parks, recreation, libraries, planning & building, housing programs, streets & sewer maintenance, and animal services. Additional information regarding the City may be obtained at www.chulavistaca.gov. Scope of Services The Chula Vista Police Department is responsible for the transportation of local and contract inmates to and from its jail facility. This service will require that the Contractor assume custody of prisoners and provide in-state transportation of prisoners to and from locations designated by the City. In assuming custody of such prisoners, the Contractor shall perform their responsibilities for security and control of prisoners in accordance with all state and federal requirements. This includes compliance with the Interstate Transportation of Dangerous Criminals Act of 2000 (DOJ’s, 28 CFR, Part 97). The contractor shall also comply with the City of Chula Vista Jail policy relating to Inmate Transportation. See attachments B and C for specific transportation requirements. The Contractor shall assume custody of prisoners from authorized agents of the City Jail, at the location of incarceration determined by the parties to be suitable for such purpose, to transport such prisoners to their destination or other specified location. The Contractor should be able to provide all types of prisoner transportation; routine prisoner transport for both male and female prisoners, special prisoner transportation i.e. medical conditions for both male and female prisoners, court appearances, release dates and medical moves, and guard services at medical facilities. Also, the Contractor needs to be able to handle security levels I,II,III,IV and AD-SEG and mentally ill prisoners. 1. Term of Contract A. The Term of any agreement(s) resulting from this Request for Proposal will be for an initial period of one (1) year, with renewal options for successive one year periods upon mutual agreement of the Vendor and the City. This RFP may result in contracts with one or more vendors for up to five (5) total periods. 2. Award A. The City reserves the right to award to one vendor, or to award to more than one vendor. B. A written Purchase Order will be issued, to the successful vendor(s). The contract will be executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clauses of the Contract shall be determined and governed by the laws of the State of California. The City of Chula Vista, and/or the County of San Diego shall be the venue for any action or 84 RFP P03-18/19 July 27, 2018 5 | P a g e proceeding that may be brought or arise out of, in connection with or by reason of this Contract. 3. Background Investigation of Prisoner Transport Personnel During the term of contract, contractor shall submit all prisoner transport personnel who may be assigned to transportation duties pursuant to the contract to a criminal background investigation conducted by City personnel to determine if the persons are suitable (passed) or unsuitable (not passed) for transportation duties. At any time during the contract, the Chief of Police or his/her designee may, at any time with or without cause, declare personnel suitable or unsuitable for prisoner transportation duties. Contractor personnel who have not passed the City’s background investigation or otherwise been declared unsuitable may not be used for transportation duties, but may be utilized at City’s discretion for other services under the terms of the contract. 4. General Requirements for Providing Services Contractor personnel shall adhere to the terms, requirements, and operational guidelines of the contract, including all amendments. Currently, examples of these operational guidelines include, but are not necessarily limited to, the following: A. Contractor personnel shall wear a public safety uniform that clearly identifies them as a private transportation contractor, private security guard, or similar private person. B. Contractor personnel conducting transportation duties shall be equipped with at least one pair of handcuffs, one less-lethal weapon, and one firearm. C. Due to the unpredictable nature of public safety work and related inmate supervision, contractor personnel shall follow the lawful direction of City staff at all times. If, at the request or direction of City staff, contractor agrees to do work that is outside the reasonable scope of the contract, contractor may bill for said work but shall indicate on the invoice which city employee directed the work. 5. Reporting of Incidents Anytime an inmate from the Chula Vista City Jail is involved in an incident during transport such as a vehicle breakdown, vehicle accident, medical problem, involved in a fight, or an unusual incident, the Chula Vista City Jail will be notified by phone immediately, with an incident report sent explaining the circumstances of the incident. 6. Records: A. Contractor shall keep complete and accurate records for the services performed pursuant to this Contract and any records required by law or government regulation and shall make such records available to City upon request. 85 RFP P03-18/19 July 27, 2018 6 | P a g e B. Contractor shall assure the confidentiality of any records that are required by law to be so maintained. C. Contractor shall prepare and forward such additional or supplementary records as City may reasonably request. E. Contractor will provide all necessary equipment and supplies in order to carry out the terms of this Agreement. References and Assurances: 1. Document your previous experience in prisoner security, familiarity with current laws regarding the authorities and limits with respect to the custody and transportation of prisoners. 2. Document prior law enforcement or correctional institution experience. 3. Document your firm’s ability to provide 24 hour security coverage of at least two simultaneous security officers, 365 days per year, and to provide a security officer(s) to site within 60 minutes or less. 4. Document your ability to provide thorough internal investigation and report of incidents that may occur while transporting prisoners. 5. Copy of current license(s) issued by the State of California. 6. Provide copies of Certificates of Insurance. 7. Provide contact name, facility, address, and phone numbers of a least three (3) references. The selected Consultant will be expected to enter into and perform services under a Standard Two-Party Agreement with the City of Chula Vista. In the event the Project Manager and the City are unable to agree on the terms of the Agreement, the City reserves the right to reject the proposal. Further, the City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with qualified sources, or to cancel in part, or in its entirety, this request for proposal, if it is in the best interest of the City to do so. This is a Request for Proposal (RFP). This RFP does not commit the City to pay any costs incurred for the preparation of the submission of a proposal, or to contract for supplies or services. For a proposal to be considered responsive, all requested information must be submitted. 86 RFP P03-18/19 July 27, 2018 7 | P a g e Proposal Form and Content The City will accept proposals in accordance with the instructions and specifications in this Request for Proposal (RFP). A. Proposals should be submitted in the following order: 1. Project Title 2. Applicant or Firm Name 3. Firm Qualifications a. Type of organization, size, professional registration and affiliations. b. Names and qualifications of personnel to be assigned to this project. c. Outline of recent projects completed that are directly related to this project. d. Qualifications of consultants, subcontractors, or joint venture firm, if appropriate. e. Client references from recent related projects, including name, address and phone number of individual to contact for referral. 4. Understanding of and Approach to the Project 5. Pricing for Services 6. Signed General Conditions 7. Signed Proposal & Offer to Contract B. The City reserve the right to amend, alter, or revoke this Request for Proposal at or before the due date and time of proposal. Any modifications, clarifications, or additions will be distributed via email as an addendum through PlanetBids. C. Contractors may withdraw their proposal, either personally or by written request, at any time prior to the scheduled closing time of proposals. Such requests should be directed to Alex Ortiz, Procurement Specialist, 619-691-5169. D. If, in the course of the Request for Proposal process or in the administration of the resulting contract, the City determines that the contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the City, contractor may be terminated from the Request for Proposal process or in the event a contract has been awarded, the contract may be immediately terminated. E. The City will not be liable for any costs associated with the preparation or transmittal of any proposal or material submitted in response to this RFP. The City is not obligated to explain any deficiencies in a proposal, nor accept requests for justification from bidders not selected. All responses and documentation become the property of the City. F. The City reserves the right to conduct interviews or require oral presentations of any or all contractors prior to selection. 87 RFP P03-18/19 July 27, 2018 8 | P a g e G. The CONTRACTOR shall furnish additional information as the City may reasonably require. The City reserve the right to make investigation of the qualifications of the contractor, as deemed appropriate. H. By submitting a proposal, contractor certifies that he/she has fully read and understands the Request for Proposal and has full knowledge of the scope, nature, quantity and quality of service to be performed. I. If the CONTRACTOR does not execute a contract with the City within sixty (60) days after notification of award, the City may give notice to the CONTRACTOR of the City’s intent to select from the remaining contractors or to call for new proposals, whichever the City deems appropriate. J. Proposals should expressly state that the offer, including all pricing proposals, will remain in effect through the duration of the contract. K. The information contained in this RFP is given solely for the purpose of inviting parties to prepare proposals for claims administration services, and is to be kept confidential during the period of proposal development and thereafter. The City will keep propriety information contained in the CONTRACTOR’s responses confidential unless disclosure is required in response to a proper request under the California Public Records Act, California Government Code Section 6250 or required by court order. L. The City is under no obligation to award this project and under no obligation to award this project to the proposal that represents the lowest cost. The contract may be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. M. The City reserve the right to reject any or all proposals or to accept any proposal deemed to be in its best interest. All answers supplied to questions asked in this RFP are subject to verification. Misleading and inaccurate answers will be grounds for disqualification at any stage in the evaluation and procurement process. N. Submitting vendors whose proposals are not accepted will be notified after the successful firm has been selected and notified. O. The relationship between the City and the company selected to conduct its CONTRACTOR services shall be governed by a contract that must be approved by the City’s Council. Upon the City’s acceptance of a proposal, the successful CONTRACTOR will be required to negotiate and execute the Contract. Any proposed waiver or change in the Contract must be identified in your proposal and will be subject to the City’s sole approval. P. The City may, by written notice of default to the vendor, terminate any services resulting from this Contract in whole or in part should the CONTRACTOR fail to make satisfactory progress, fail to deliver within the time specified herein or fail to deliver in strict conformance to specifications and requirements set forth herein. In the event of such termination, the CONTRACTOR shall 88 RFP P03-18/19 July 27, 2018 9 | P a g e return all City’ data and files within ten (10) days of request and the City reserves the right to purchase or obtain the services elsewhere, and the defaulting CONTRACTOR shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price. Q. In the event the City should prevail in any litigation brought by either party, to enforce any provisions of this proposal, the contractor shall pay to the City the cost and attorney fees incurred pursuant to said litigation. R. The contractor will have thirty (30) calendar days from “Notification of Selection” in which to provide required insurance forms and bond as outlined in the Standard Professional Services Agreement (Attachment D) and to provide three (3) signed copies of the agreement. The City will provide the contractor with three (2) sets of the Agreement of which all sets must be executed and returned promptly. Services may not commence until the Agreement is fully executed and approved by City Council. Evaluation Criteria The award to the successful Contractor will be based upon response to the requirements outlined in this RFP, and an estimate of the quality and effectiveness of each Contractor’s services in the following areas (not listed in order of importance): During the evaluation process, the committee and the City of Chula Vista reserve the right to request additional information or clarification from consultants responding to this RFP. All proposals deemed responsive by the committee will be evaluated using the following criteria (listed in no particular order of importance or value of rating). • Proposed services and methodology • Responsiveness to request • Project cost • Experience as related to this request • Client reference information The City reserves the right to determine the value and importance of the ranking criteria at its discretion. The objective of the committee’s review is to evaluate and substantiate how the proposal meets the requirements of the City and to rank the proposals from least qualified to the most qualified in meeting the City’s needs for this project. Each consultant will be evaluated on the basis of capabilities described in its written proposal. The consultant that best matches the City of Chula Vista’s objectives will be selected. 89 RFP P03-18/19 July 27, 2018 10 | P a g e Schedule Activity Date RFP Posted to PlanetBids July 27, 2018 Question Submittal through PlanetBids August 1, 2018 no later than 3:00 pm Response to Questions Released August 6, 2018 no later than 5:00 pm RFP Response and Proposal Due August 13, 2018 no later than 12:00 pm Presentations/Interviews, if required TBD Selection of Awardee September 2018 Council Adoption, if required September 2018 Contract Inception October 2018 90 1 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH ADVANTAGE SENTRY AND PROTECTION, INC. TO PROVIDE INMATE TRANSPORTATION SERVICES This Agreement is entered into effective as of October 1, 2018 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Advantage Sentry and Protection, Inc., a California Corporation) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City issued a Request for Proposal (RFP # P03-18/19) for inmate transportation services at the Police Department jail; and WHEREAS, Contractor was selected as a result of the RFP process and has been providing inmate transportation services for the Police Department since 2011; and WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 91 2 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 92 3 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 93 4 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out o f or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub- Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 94 5 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 95 6 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred b y any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 96 7 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agr eement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 97 8 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 98 9 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or ot her leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 99 10 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. ADVANTAGE SENTRY AND PROTECTION, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ NORMAN A. LLANES MARY CASILLAS SALAS PRESIDENT MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 100 11 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Chula Vista Police Department Jonathan Alegre, Police Administrative Services Administrator 315 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: ADVANTAGE SENTRY AND PROTECTION, INC. Norman A. Llanes, President 659 Third Avenue, Suite A, Chula Vista, CA 91910 (619) 425-2727 nllanes@asapsecurity.net For Legal Notice Copy to: [same as above] 2. Required Services A. General Description: Contractor shall assume custody of prisoners and provide transportation of prisoners to and from locations designated by the Chula Vista Police Department. The Contractor shall provide: 1. At least one armed security guard who is currently licensed to work in the State of California by the Department of Consumer Affairs Bureau. 2. All uniforms and equipment for security guard including handcuffs, one less-lethal option and firearm. 3. A secure vehicle specifically designed to transport prisoners safely, as well as all related fuel, insurance, and maintenance costs. 4. Response to the Chula Vista Police Department within 60 minutes of being notified by the Chula Vista Police Department. Failure to respond within 60 minutes may result in cancellation of prisoner transport, without notice. 5. As reasonable, prevent escape of prisoner and report any criminal activity by prisoner to Chula Vista Police Department. DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 101 12 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 6. Comply with all rules and regulations at any point of destination such as County Jail or a medical facility. 7. Billing forms and procedures used shall be acceptable to the City. B. Detailed Description: 1. Prisoner Transport / Medical Visits Contractor shall provide transportation of any prisoner at the request of Chula Vista Police Department. Contractor personnel who provide transportation services shall abide by all laws, rules and regulations pertaining to prisoner treatment as defined in the California Penal Code and Title 15 California Code of Regulations, as well as the Interstate Transportation of Dangerous Criminal Act of 2000 (DOJ, CFR 28, Part 97). Transportation services shall be available at all times (24 hours each day, 365 days each year). Services include transportation from one facility to another, all within the County of San Diego. Contractor may be required to remain with the inmate(s) during stay at a medical facility. Contractor shall provide all types of prisoner transportation; routine prisoner transport for both male and female prisoners, special prisoner transportation (i.e. medical conditions for both male and female prisoners), court appearances, release dates and medical moves, and guard services at medical facilities. Additionally, Contractor shall be able to handle security levels I, II, III, IV and AD-SEG and mentally ill prisoners. 2. Records and Billings Contractor shall provide separate invoices for each City prisoner transported. Every invoice will list all total hours spent transporting prisoner and total amount billed. All work elements shall be itemized, including personnel performing work, number of hours work, amount charged, prisoner name and Chula Vista Police Department case number. City shall be billed within four (4) weeks of work performance. Contractor shall only be paid for work done at the request of the City. If additional work is requested an outside agency, Contractor shall obtain verbal authorization from the City. In addition, Contractor shall include on the respective invoice the following documentation for said additional work: 1) Who requested the work, 2) Who approved the work, 3) Date of Work, 4) Who performed the work, 5) Time in and out, 6) Total of exact hours worked, 7) Total amount charged Contractor shall forfeit and will not receive payment for work performed and billed to City more than sixty (60) calendar days after performance of work. Contractor shall keep complete and accurate records for the services performed pursuant to this agreement and any records required by law or government regulation shall make such records available to City upon request. Contractor shall assure the confidentiality of any records that are required by law to be so maintained. 3. Personnel The Chief of Police or his/her designee shall serve as Project Manager and single point of contact for the City. Contractor shall submit all prisoner transport personnel to a criminal background investigation by the City. Contractor personnel who have cleared background and intend to provide transport services for the City must comply with Chula Vista City Jail Inmate Transportation Policy 3.09, and the Transportation Officer Guidelines listed in 3.09a. At any time during the agreement, the Chief of Police or his/her designee may, with or without cause, declare personnel suitable or unsuitable for prisoner transportation duties. Contractor personnel who have not taken or passed the City’s background investigation may accompany a primary armed security guard who has cleared the City’s background investigation process. This secondary armed security guard at no point shall be allowed to transport inmates without the primary armed security guard present in the same vehicle. The secondary armed security guard may be utilized at the City’s discretion for other services under the terms of the agreement. DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 102 13 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 4. Reporting of Incidents Any time an inmate from the Chula Vista Police Department is involved in an incident during transport, such as a vehicle breakdown, vehicle accident, medical problem, involved in an altercation, or any other unusual incident, the Chula Vista Police Department City Jail must be notified by phone immediately, along with an incident report explaining the circumstances of the incident. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin October 1, 2018 and end on September 30, 2019 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider in the performance of the Required Services, at the rates or amounts as indicated below: $45.00 per regular man hour of service, with a minimum of two (2) hours. $67.50 per holiday man hour of service, with a minimum of two (2) hours. Holidays include: New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day. Contractor may bill for every quarter hour worked beyond one full hour. B. Reimbursement of Costs ☒ None. The compensation includes all costs such as transportation, fueling, monitoring, billing, report review. Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through 09/30/2019 shall not exceed $300,000. 5. Special Provisions: . ☐ Permitted Sub-Contractor/Service Providers: None. ☐ Security for Performance: None. ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or every October 1. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to the current San Diego Consumer Price Index (CPI), not to exceed 5%, for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 103 14 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: NONE. DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 104 15 City of Chula Vista Agreement No.: 18079 Consultant Name: Advantage Sentry and Protection, Inc. Rev. 10/24/17 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days o f the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing req uirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691 - 5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jonathan Alegre 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). DocuSign Envelope ID: 79B2F11D-2CCC-4D7C-B99B-A7D952B69C1C 105 P a g e | 1 September 11, 2018 File ID: 18-0354 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE “TRAFFIC SIGNAL MODIFICATIONS BROADWAY/F STREET AND BROADWAY/G STREET (TRF0402)” PROJECT TO SELECT ELECTRIC, INC., IN THE AMOUNT OF $521,769; AND TRANSFERRING $130,000 IN TRANSNET APPROPRIATIONS FROM STM0397 TO TRF0402 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY On July 25, 2018, the Director of Engineering and Capital Projects received four (4) sealed bids for the “Traffic Signal Modifications Broadway/F Street and Broadway/G Street Improvements (TRF0402)” project. The project is included in the Capital Improvement Program for Fiscal Year 2016/2017. The proposed resolution, if approved, would 1) accept bids; 2) award the contract for this project to Select Electric, Inc. in the amount of $521,769; and 3) transfer $130,000 in TransNet from STM0397 to TRF0402. 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 Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposal involves negligible or no expansion of an existing use. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION CIP project TRF0402: “Traffic Signal Modifications Broadway/F Street and Broadway/G Street Improvements” is a federally funded project in the Highway Safety Improvement Program administered by Caltrans. The scope of work includes the installation of protected left turn phasing, on all approaches, to eliminate conflicts between left tuning vehicles and oncoming vehicular/pedestrian traffic in order to 106 P a g e | 2 enhance safety at the subject intersections. The project will also make bicycle and pedestrian improvements by installing bicycle detection, pedestrian countdown timer indications, accessible pedestrian signals, and new ADA compliant curb ramps. Bidding Process On June 29, 2018, Engineering and Capital Projects Staff advertised the project and received four (4) sealed bids on July 25, 2018. The base bid totals from the prime contractors were as follows: Ranking Contractor Base Bid Amount 1 Select Electric, Inc.$521,769 2 HMS Construction Inc.$529,900 3 T&M Electric Inc.$554,350 4 DBX Inc.$699,890 The low bid by Select Electric, Inc. of $521,769 is $74,869 (approximately 15%) above the Engineer’s estimate of $446,900. Based on the minor variations in the bid amounts received, City Staff has determined that the bid proposals received represent the current construction costs for the improvements associated with the project and will update costs appropriately for future estimates. Select Electric, Inc.’s Contractor License No. 297034, as well as listed sub-contractor’s license, are current and active as of August 2018. Staff recommends awarding a contract in the amount of $521,769 to Select Electric, Inc. Disclosure Statement Attachment 1 is a copy of the Contractor’s Disclosure Statement. Wage Statement The Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this contract. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 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)(11), 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. 107 P a g e | 3 LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The project supports the Connected Community goals as it seeks to improve the City’s traffic network in the western portion of the City. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will transfer $130,000 in TransNet from STM0397 to TRF0402 and initiate the construction phase of TRF0402. Sufficient funds are available in STM0397 for said transfer; therefore, there is no additional impact to TransNet Fund. Funds Required for Construction A. Contract Amount $521,769 B. Contract Contingency $60,939 C. Design & Survey Support Costs $15,000 D. Construction Inspection Staff Cost $40,000 Total Funds Required for Construction $637,708 Available Funding A. Project Budget (TRF0402)$507,708 B. Transfer Funds (TransNet) from STM0397 to TRF0402 $130,000 Total Funds Available for Construction $637,708 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City street maintenance. ATTACHMENTS 1.Disclosure Statement Staff Contact: Luis Pelayo, Associate Civil Engineer 108 109 110 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE “TRAFFIC SIGNAL MODIFICATIONS BROADWAY/F STREET AND BROADWAY/G STREET (TRF0402)” PROJECT TO SELECT ELECTRIC, INC., IN THE AMOUNT OF $521,769, AND TRANSFERRING $130,000 IN TRANSNET APPROPRIATIONS FROM STM0397 TO TRF0402 WHEREAS, Chapter 2.56 of the Chula Vista Municipal Code authorizes the City to contract for public works; and WHEREAS, on June 29, 2018, the Department of Engineering and Capital Projects solicited bids for the “Traffic Signal Modifications Broadway/F Street and Broadway/G Street (TRF0402)” project in accordance with Chula Vista Municipal Code section 2.56.160.A; and WHEREAS, on July 25, 2018, the Director of Engineering and Capital Projects received four (4) sealed bids for the “Traffic Signal Modifications Broadway/F Street and Broadway/G Street (TRF0402)” project; and WHEREAS, the apparent low bid for the project was submitted by Select Electric, Inc. in the amount of $521,769, which is above the Engineer’s estimate of $446,900 by $74,869 (approximately 15% above the Engineer’s estimate); and WHEREAS, staff has determined that the bid submitted by Select Electric, Inc. is responsive in all material respects to the bid specifications/requirements, and that Select Electric, Inc. is the lowest responsive and responsible bidder; and WHEREAS, staff recommends awarding the contract to Select Electric, Inc. in the amount of $521,769; and WHEREAS, staff is recommending a transfer in TransNet appropriations from STM0397 to TRF0402 in the amount of $130,000 for purposes of completing the required improvements; and WHEREAS, STM0397 has a sufficient balance available to fund the inter-project transfer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it awards the contract for the “Traffic Signal Modifications Broadway/F Street and Broadway/G Street (TRF0402)” project to Select Electric, Inc. in the amount of $521,769. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the transfer of $130,000 in TransNet appropriations from STM0397 to TRF0402. 111 Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering and Capital Projects City Attorney 112 P a g e | 1 September 11, 2018 File ID: 18-0392 TITLE INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2018 RECOMMENDED ACTION Council (accept/hear) the report. SUMMARY Transmitted herewith is the City’s investment report for the quarter ended June 30, 2018. To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy and Guidelines, a separate report was distributed to the City Council in July. Environmental 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. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” in accordance with Section 15378(b)(5) of the State CEQA Guidelines because it involves only acceptance of the Quarterly Investment Report; therefore it is an organizational or administrative activity of government that will not result in a direct or indirect 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 necessary. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable. DISCUSSION The total cash and investment portfolio held by the City as of June 30, 2018 was $297,110,769 and total cash and investments held by the trustees was $161,297,511. 113 P a g e | 2 The cash and investments held by the City are composed of the following components: Managed Investment Portfolio ($152,906,427), State of CA Local Agency Investment Fund ($1,672,416), County of San Diego Pooled Investment Fund ($92,862,912), Cash/Time Deposits ($48,593,604), and accrued interest on investment ($1,075,409). Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and the Council Investment Policy as adopted by Resolution 2018-090 on May 22, 2018. During the quarter, ten investments matured totaling $18,071,000. Thirteen purchases were made to replace those investments and invest idle cash. Purchased investments include: one certificate of deposit issued by Bank of Nova Scotia ($2,500,000); three corporate notes issued by Morgan Stanley ($1,200,000), John Deere Capital Corp ($680,000), and Bank of America ($1,500,000); two asset-backed securities issued by Honda ($1,800,000) and Ally ($1,100,000); and seven commercial paper issued by JP Morgan ($1,500,000), Credit Agricole ($1,500,000), BNP Paribas ($1,500,000), MUFG Bank ($3,000,000), Dexia Credit ($3,000,000) and ($1,500,000), and Canadian Imperial ($1,200,000). Public Financial Management (PFM), the City's investment advisor, continues to monitor the portfolio and will make recommendations as financial and economic conditions warrant. There is no further activity to report on other than routine investments by the City's fiscal agents. In June, the Federal Open Market Committee (FOMC) raised the federal funds target rate by a quarter of a percent to a new range of 1.75% to 2.00%. Two more rate increases are anticipated for the second half of 2018. Two-year Treasuries yielding 2.27% at the beginning of the quarter ended higher at the end of the quarter at 2.53%, which was an increase of 26 basis points for the quarter. As of June 30, 2018, the Yield to Maturity at Cost on the Managed Investment Portfolio was 1.79%, which was an increase of 17 basis points from the previous quarter. At the end of this quarter, the weighted average maturity of the Managed Investment Portfolio was 1.05 years, which is a decrease from 1.17 the previous quarter and is within the Council Policy. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d)(1). Consequently, this item does not present a 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. 114 P a g e | 3 LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The investment portfolio supports the Operational Excellence goal as it seeks to maintain the safety and liquidity of the City’s cash while contributing investment earnings to the bottom line. 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 by this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. ATTACHMENTS 1. Summary of Cash and Investments as of June 30, 2018 2. PFM Investment Report for the Quarter Ended June 30, 2018 Staff Contact: Lisa Partee, Fiscal Management Analyst, Finance Department David Bilby, Director of Finance/Treasurer, Finance Department 115 % of Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio BNY Custodial Cash Account $128,788 $128,788 $128,788 0.03% U.S. Treasury Bond/Note 64,930,000 64,157,384 64,916,418 14.16% Federal Agency Collateralized Mtg Ob. 458,055 455,707 462,642 0.10% Corporate Note 40,260,000 40,072,018 40,801,869 8.90% Commercial Paper 27,200,000 27,022,536 26,861,138 5.86% Certificate of Deposit 14,000,000 13,959,592 13,997,880 3.05% Asset Back Security/Collateralized Mtg Ob. 5,738,017 5,712,411 5,737,692 1.25% Managed Investment Portfolio Subtotal 152,714,860 151,508,436 152,906,427 33.36% Pooled Investments State of CA Local Agency Investment Fund 1,672,416 1,669,284 1,672,416 0.36% County of San Diego Pooled Investment Fund 92,862,912 92,179,441 92,862,912 20.26% Pooled Investments Subtotal 94,535,329 93,848,725 94,535,329 20.62% Cash/Time Deposits 48,593,604 48,593,604 48,593,604 10.60% Accrued Interest 1,075,409 1,075,409 1,075,409 0.23% Total Cash & Investments Held by the City $296,919,202 $295,026,175 $297,110,769 64.81% Held by Bank Trustee/Fiduciary Funds (1) Investment Agreements 0 0 0 0.00% Mutual Funds 102,259,725 114,935,711 114,958,304 25.08% Cash with Fiscal Agents 0 0 0 0.00% Restricted Cash 804,327 804,327 804,327 0.18% U.S. Government 45,534,880 45,534,880 45,534,880 9.93% Total Held by Bank Trustee/Fiduciary Funds $148,598,931 $161,274,917 $161,297,511 35.19% Total Portfolio $445,518,133 $456,301,092 $458,408,280 100.00% 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. LAIF market value on the PFM statement does not include the market value factor as included in the market value above. 5. COSD Pooled Investment Fund market value on the PFM statement does not include the market value factor as included in the market value above. 6. Book value is par value of the security plus or minus any premium or discount and accrued interest included in purchase price. Summary of Cash and Investments as of June 30, 2018 City of Chula Vista 116 City of Chula Vista Quarter Ended June 30, 2018 Security Type1 Market Value2 % of Portfolio Policy Limits U.S. Treasuries $64,157,384 26% 100% Federal Agencies $0 0% 100% Federal Agency CMOs $455,707 0% 100% Municipal Obligations $0 0% 100% Commercial Paper $27,022,536 11% 25% Negotiable CDs $13,959,592 6% 30% Corporate Notes $40,072,018 16% 30% Asset-Backed Securities $5,712,411 2% 20% Money Market Fund $128,788 <1% 20% San Diego County Pool $92,862,912 38% 100% LAIF $1,672,416 1% $65 Million Totals $246,043,765 100% Par Value Amortized Cost 2Q18 Acrual Basis Earnings $640,148 Weighted Average Maturity (years) Fiscal Year 2017-18 Initial Earnings Forecast $2,200,333 Effective Duration (years) Fiscal Year 2017-18 Current Earnings Forecast $2,368,812 Yield to Maturity at Cost Variance to Initial Forecast $168,479 Yield to Maturity at Market Notes: 1. End of quarter trade-date market values of portfolio holdings, excluding accrued interest. Percentages may not add to 100% due to rounding. 2. Balances held in LAIF and the San Diego County Investment Pool are not managed by PFM Asset Management LLC. 4. The "Not Rated" category comprises asset-backed securities rated Aaa by Moody's. 5. Yields, weighted average maturity, and effective duration exclude balances not managed by PFM Asset Management LLC. 6. Accrual earnings forecast are calculated on an amortized cost, settle basis. The initial projected earnings for January 2018 through June 2018 were based on portfolio holdings as of December 31, 2017, $149.7 million par. Fiscal Year 2017-18 Current Earnings Forecast are the portfolio’s actual accrual earnings. We cannot guarantee earnings forecasts, which are subject to market fluctuations, changes in cash flows, and reinvestment rates. Past performance in not indicative of future results. 2.42% Summary of Portfolio Characteristics and Key Statistics Sector Distribution Credit Quality (S&P Ratings)3,4 Maturity Distribution Key Statistics5 Earnings6 $247,250,189 $247,258,565 1.05 0.95 1.79% 3. Citigroup, Goldman Sachs, and Morgan Stanley Corporate Notes rated BBB+ by S&P and rated A by Moody's and/or Fitch. U.S. Treasuries 26% Federal Agency CMOs <1% Commercial Paper 11% Negotiable CDs 6% Corporate Notes 16% Asset-Backed Securities 2% Money Market Fund <1% San Diego County Pool 38% LAIF 1% AAA 3% AA 28% A 15% BBB 2% A-1 (Short- term) 13% Money Market Fund <1% AAAf/S1 (San Diego County) 38% Not Rated <1% Not Rated (LAIF) 1% 60% 11% 22% 6% <1%<1% 0% 10% 20% 30% 40% 50% 60% 70% Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsPercentage of Total Portfolio117 QUARTERLY MARKET SUMMARY For the Quarter Ended June 30, 2018 Fixed Income Management SUMMARY • Economic data continued to indicate strong growth worldwide, despite the myriad of geopolitical and global trade war events hitting the headlines. During the quarter, volatility waned, equity markets gained their footing, the U.S. Dollar (USD) continued its ascent and the Federal Open Market Committee’s (FOMC) dual mandate came into clearer focus. But, with trade wars officially on, it’s now a question of whether the strong fiscal stimulus that is fueling the U.S. economy will be enough to overcome the drag of trade uncertainty. • Positive economic data released in the second quarter included job gains, housing starts, new home sales, factory orders, manufacturing survey indices and consumer sentiment. • At its June FOMC meeting, the Federal Reserve (Fed) increased the overnight federal funds rate by 0.25 percent, to a new range of 1.75 to 2.00 percent. While widely anticipated, the June rate hike was consistent with the Fed’s continuing resolve to gradually tighten monetary policy. Fed expectations – as measured by the FOMC’s updated “dot plot” – indicated two more rate hikes in the second half of 2018 and three more in 2019. Market estimates – as measured by Fed funds futures contracts – similarly imply two more hikes in 2018, but are less optimistic for 2019. • The S&P 500 Index (S&P) rebounded by 3.4 percent over the quarter, following the first quarterly decline (first quarter 2018) in nearly three years. International indices followed suit, posting gains in local currencies for the quarter; however, the stronger USD tempered those gains for domestic investors. Meanwhile, bond yields generally rose, while the yield curve flattened. ECONOMIC SNAPSHOT • Real gross domestic product (GDP) in the U.S. increased at an annual rate of 2 percent in the first quarter. The deceleration in growth was driven by weaker consumer spending, despite being boosted by a significant improvement in net exports. Looking forward, federal tax cuts and expanded spending point toward accelerated growth estimates for the second quarter. • U.S. labor market conditions – part one of the Fed’s dual mandate – remained strong during the quarter. Despite the quarter-end uptick in the headline unemployment rate to 4 percent (previously 3.8 percent), it remains near multi- decade lows. In addition, job growth remains robust (monthly average of 211,000 new jobs in the second quarter), weekly jobless claims reached a generational low and job openings reached a new record high. In fact, for the first time, there are more job openings than the number of unemployed persons. • Inflation – the second part of the Fed’s dual mandate – continued to march higher. As measured by the personal consumption expenditures (PCE) core price index, year-over-year (YoY) inflation reached the Fed’s target of 2 percent for the first time since 2012. INTEREST RATES • U.S. Treasury yields generally rose over the quarter, with maturities less than three years increasing 20 to 25 basis points (bps) (0.20 to 0.25 percent), while maturities greater than five years increased by a lesser amount and 30-year Treasury bonds were nearly unchanged. The result was a flatter yield curve; the difference between 10-year and two-year Treasury yields narrowed to 33 bps (0.33 percent) by quarter- end, a level not hit since June 2007. • Money market investments, like commercial paper and bank Certificates of Deposit (CDs), continued to offer attractive yields, reacting quickly to the periodic Fed rate hikes. • After widening in the first quarter, credit spreads remained volatile in the second quarter, but ended the quarter only modestly wider. Healthy corporate fundamentals remained supportive. SECTOR PERFORMANCE • Rising yields caused shorter-maturity to outperform longer-maturity Treasury indices; the exception was 30-year Treasury bonds, which were buoyed by incremental income amid relatively unchanged yields over the quarter. For example, the three-month Treasury bill index generated +0.45 percent of total return for the quarter, while the five-year Treasury returned -0.05 percent, and the 30-year Treasury returned +0.51 percent. • Federal agency returns were in line with similar-duration U.S. Treasury securities for the quarter, as spreads across the majority of the curve continued to trade very narrowly. The incremental income benefit from the sector continues to be minimal. • For the second consecutive quarter, the municipal sector was a top performer, as the sector continued to reap the benefits of a sharp slowdown in supply following the year-end flurry of issuance. From both an absolute and excess return perspective, the sector was a positive contributor to portfolio performance for the quarter. • Shorter-term corporates generated positive excess returns in the quarter as incremental income offset modestly wider yield spreads. But, longer-term corporates (five years and longer) underperformed Treasuries as the impact of wider yield spreads on longer-duration securities overwhelmed the benefit of higher yields. • After a general underperformance of mortgage-backed securities (MBS) in the first quarter, the sector found its footing in the second quarter. Nevertheless, returns in the MBS sector continue to be very much structure-dependent as specific maturity and coupon characteristics drove relative performance. • Short-term commercial paper and bank CDs continued to offer incremental value relative to both short- and intermediate-term government securities. The incremental yield advantage offered in these sectors continues to be a valuable return attribute in the face of rising rates. PFM Asset Management LLC 118 QUARTERLY MARKET SUMMARY For the Quarter Ended June 30, 2018 Fixed Income Management Economic Snapshot Labor Market Mar '18 Jun '17 Unemployment Rate Jun '18 4.0%4.1%4.3% Change In NonFarm Payrolls Jun '18 213,000 155,000 239,000 Average Hourly Earnings (YoY)Jun '18 2.7%2.6%2.5% Personal Income (YoY)May '18 4.0%3.7%2.4% Initial Jobless Claims (week)6/30/18 231,000 242,000 251,000 Growth Real GDP (QoQ SAAR)2018Q1 2.0%2.9%1.2% GDP Personal Consumption (QoQ SAAR)2018Q1 0.9%4.0%1.9% Retail Sales (YoY)May '18 5.9%5.1%3.5% ISM Manufacturing Survey (month)Jun '18 60.2 59.3 56.7 Existing Home Sales SAAR (month)May '18 5.43 mil.5.60 mil.5.50 mil. Inflation / Prices Personal Consumption Expenditures (YoY)May '18 2.3%2.0%1.4% Consumer Price Index (YoY)May '18 2.8%2.4%1.6% Consumer Price Index Core (YoY)May '18 2.2%2.1%1.7% Crude Oil Futures (WTI, per barrel)Jun 30 $74.15 $64.94 $46.04 Gold Futures (oz.)Jun 30 $1,255 $1,323 $1,242 Latest 0 150K 300K 450K 3% 4% 5% 6% Jun '15 Dec '15 Jun '16 Dec '16 Jun '17 Dec '17 Jun '18 Unemployment Rate (left) vs. Change in Nonfarm Payrolls (right) Change In NonFarm Payrolls Unemployment Rate 0% 2% 4% Mar '15 Sep '15 Mar '16 Sep '16 Mar '17 Sep '17 Mar '18 Real GDP (QoQ) 0% 1% 2% 3% Jun '15 Dec '15 Jun '16 Dec '16 Jun '17 Dec '17 Jun '18 Consumer Price Index CPI (YoY)Core CPI (YoY) 2 2 1 1 1. Data as of Fourth Quarter 2017. 2. Data as of First Quarter 2017. Note: YoY = year-over-year, QoQ = quarter over quarter, SAAR = seasonally adjusted annual rate, WTI = West Texas Intermediate crude oil. Source: Bloomberg. PFM Asset Management LLC 119 QUARTERLY MARKET SUMMARY For the Quarter Ended June 30, 2018 Fixed Income Management Source: Bloomberg. Interest Rate Overview U.S. Treasury Note Yields U.S. Treasury Yield Curve U.S. Treasury Yields Yield Curves as of 6/30/18 0% 1% 2% 3% 4%3-mo1-yr2-yr3-yr5-yr7-yr10-yr30-yrYieldMaturity June 30, 2018 March 31, 2018 June 30, 2017 Maturity Jun '18 Mar '18 Change Over Quarter Jun '17 Change Over Year 3-month 1.92%1.71%0.21%1.01%0.91% 1-year 2.31%2.09%0.22%1.23%1.08% 2-year 2.53%2.27%0.26%1.38%1.15% 5-year 2.74%2.56%0.18%1.89%0.85% 10-year 2.86%2.74%0.12%2.31%0.55% 30-year 2.99%2.97%0.02%2.84%0.15% 0% 1% 2% 3% 4% 5%3-mo1-yr2-yr3-yr5-yr7-yr10-yr25-yr30-yrYieldMaturity U.S. Treasury Federal Agency Corporates, A Rated 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 6/30/17 9/30/17 12/31/17 3/31/18 6/30/18Yield 2-Year 5-Year 10-Year PFM Asset Management LLC 120 QUARTERLY MARKET SUMMARY For the Quarter Ended June 30, 2018 Fixed Income Management Source: ICE BofAML Indices. June 30, 2018 Duration Yield 3 Month 1 Year 3 Years 1-3 Year Indices U.S. Treasury 1.81 2.51%0.22%0.08%0.42% Federal Agency 1.67 2.55%0.23%0.30%0.60% U.S. Corporates, A-AAA rated 1.89 3.11%0.47%0.57%1.28% Agency MBS (0 to 3 years)2.40 2.84%(0.05%)0.34%1.06% Taxable Municipals 1.58 2.83%0.40%1.74%2.21% 1-5 Year Indices U.S. Treasury 2.58 2.58%0.13%(0.35%)0.50% Federal Agency 2.01 2.59%0.20%0.08%0.69% U.S. Corporates, A-AAA rated 2.66 3.26%0.30%0.08%1.45% Agency MBS (0 to 5 years)3.29 3.04%(0.21%)(0.35%)1.00% Taxable Municipals 2.29 2.96%0.33%1.39%2.37% Master Indices (Maturities 1 Year or Greater) U.S. Treasury 6.22 2.71%0.11%(0.60%)1.13% Federal Agency 3.78 2.75%(0.02%)(0.04%)1.16% U.S. Corporates, A-AAA rated 6.90 3.74%(0.70%)(0.80%)2.62% Agency MBS (0 to 30 years)5.09 3.38%0.31%0.15%1.48% Taxable Municipals 10.53 3.99%(0.28%)2.81%5.49% As of 6/30/18 Returns for Periods ended 6/30/18 Returns for periods greater than one year are annualized. PFM Asset Management LLC ICE BofAML Index Returns 121 QUARTERLY MARKET SUMMARY For the Quarter Ended June 30, 2018 Fixed Income Management DISCLOSURES PFM is the marketing name for a group of affiliated companies providing a range of services. All services are provided through separate agreements with each company. This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation. Investment advisory services are provided by PFM Asset Management LLC which is registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940. The information contained is not an offer to purchase or sell any securities. Additional applicable regulatory information is available upon request. For more information regarding PFM’s services or entities, please visit www.pfm.com. The views expressed within this material constitute the perspective and judgment of PFM Asset Management LLC at the time of distribution and are subject to change. Information is obtained from sources generally believed to be reliable and available to the public; however, PFM Asset Management LLC cannot guarantee its accuracy, completeness, or suitability. This material is for general information purposes only and is not intended to provide specific advice or recommendation. The information contained in this report is not an offer to purchase or sell any securities. © 2018 PFM Asset Management LLC. Further distribution is not permitted without prior written consent. PFM Asset Management LLC 122 For the Month Ending June 30, 2018Managed Account Detail of Securities Held Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value CITY OF CHULA VISTA Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 07/31/2013 1.375% 07/31/2018 4,498,398.00 4,501,222.11 25,809.74 4,544,648.44 07/06/1507/02/15AaaAA+ 4,500,000.00 912828VQ0 1.05 US TREASURY NOTES DTD 10/15/2015 0.875% 10/15/2018 2,990,340.00 2,992,701.84 5,522.54 2,979,960.94 12/28/1712/27/17AaaAA+ 3,000,000.00 912828L81 1.72 US TREASURY NOTES DTD 10/31/2011 1.750% 10/31/2018 3,891,194.59 3,903,527.87 11,483.90 3,977,008.01 08/05/1508/04/15AaaAA+ 3,895,000.00 912828RP7 1.09 US TREASURY NOTES DTD 12/02/2013 1.250% 11/30/2018 7,947,581.95 7,977,401.27 8,443.48 7,994,314.46 07/06/1507/02/15AaaAA+ 7,975,000.00 912828A34 1.18 US TREASURY N/B DTD 01/15/2016 1.125% 01/15/2019 2,983,125.00 2,989,063.71 15,569.75 2,978,789.06 12/28/1712/27/17AaaAA+ 3,000,000.00 912828N63 1.81 US TREASURY NOTES DTD 01/31/2012 1.250% 01/31/2019 994,492.00 999,094.86 5,214.09 994,023.44 02/23/1502/19/15AaaAA+ 1,000,000.00 912828SD3 1.41 US TREASURY NOTES DTD 06/02/2014 1.500% 05/31/2019 8,435,918.50 8,510,496.91 10,799.18 8,543,828.13 07/06/1507/02/15AaaAA+ 8,500,000.00 912828WL0 1.36 US TREASURY NOTES DTD 10/01/2012 1.000% 09/30/2019 2,028,781.97 2,057,619.01 5,190.71 2,039,348.83 04/27/1504/23/15AaaAA+ 2,065,000.00 912828TR1 1.29 US TREASURY NOTES DTD 10/01/2012 1.000% 09/30/2019 2,996,506.05 3,036,074.52 7,666.67 3,001,867.19 05/04/1505/01/15AaaAA+ 3,050,000.00 912828TR1 1.37 US TREASURY NOTES DTD 10/31/2014 1.500% 10/31/2019 1,481,367.00 1,497,958.83 3,790.76 1,493,496.09 06/29/1506/26/15AaaAA+ 1,500,000.00 912828F62 1.60 US TREASURY NOTES DTD 10/31/2014 1.500% 10/31/2019 8,394,413.00 8,500,226.70 21,480.98 8,500,664.06 07/06/1507/02/15AaaAA+ 8,500,000.00 912828F62 1.50 US TREASURY NOTES DTD 11/30/2012 1.000% 11/30/2019 2,939,181.00 2,980,893.63 2,540.98 2,940,468.75 05/28/1505/26/15AaaAA+ 3,000,000.00 912828UB4 1.46 US TREASURY NOTES DTD 12/01/2014 1.500% 11/30/2019 2,959,569.00 3,004,411.17 3,811.48 3,009,257.81 11/29/1611/29/16AaaAA+ 3,000,000.00 912828G61 1.39 US TREASURY NOTES DTD 02/28/2013 1.250% 02/29/2020 1,175,437.20 1,198,569.04 5,013.59 1,196,296.88 10/13/1510/08/15AaaAA+ 1,200,000.00 912828UQ1 1.32 123 For the Month Ending June 30, 2018Managed Account Detail of Securities Held Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value CITY OF CHULA VISTA Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 02/28/2013 1.250% 02/29/2020 1,175,437.20 1,198,505.72 5,013.59 1,196,156.25 10/23/1510/23/15AaaAA+ 1,200,000.00 912828UQ1 1.33 US TREASURY NOTES DTD 02/28/2013 1.250% 02/29/2020 2,982,671.90 3,028,300.52 12,721.98 3,002,774.41 11/13/1511/13/15AaaAA+ 3,045,000.00 912828UQ1 1.59 US TREASURY NOTES DTD 01/31/2016 1.375% 01/31/2021 2,908,476.00 3,011,564.70 17,206.49 3,020,507.81 06/10/1606/07/16AaaAA+ 3,000,000.00 912828N89 1.22 US TREASURY NOTES DTD 03/31/2016 1.250% 03/31/2021 3,374,493.50 3,501,750.91 10,997.27 3,503,007.81 06/10/1606/07/16AaaAA+ 3,500,000.00 912828Q37 1.23 178,277.18 64,157,383.86 64,889,383.32 1.36 64,916,418.37 64,930,000.00 Security Type Sub-Total Federal Agency Collateralized Mortgage Obligation FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 455,707.41 458,991.97 628.30 462,641.72 10/30/1510/07/15AaaAA+ 458,054.80 3136AQDQ0 1.08 628.30 455,707.41 458,991.97 1.08 462,641.72 458,054.80 Security Type Sub-Total Corporate Note GOLDMAN SACHS GROUP INC NOTES DTD 07/19/2013 2.900% 07/19/2018 500,110.00 500,343.43 6,525.00 512,255.00 09/30/1609/30/16A3BBB+ 500,000.00 38147MAA3 1.52 GOLDMAN SACHS GROUP INC NOTES DTD 07/19/2013 2.900% 07/19/2018 975,214.50 975,548.44 12,723.75 1,004,298.75 10/28/1510/28/15A3BBB+ 975,000.00 38147MAA3 1.77 CATERPILLAR FINANCIAL SERVICES CORP NOTE DTD 09/06/2013 2.450% 09/06/2018 2,450,088.20 2,453,699.50 19,174.65 2,477,954.50 04/21/1704/19/17A3A 2,450,000.00 14912L5T4 1.61 CITIGROUP INC CORP NOTES DTD 09/26/2013 2.500% 09/26/2018 974,723.10 976,347.71 6,432.29 991,233.75 10/28/1510/28/15Baa1BBB+ 975,000.00 172967HC8 1.91 US BANCORP NOTES (CALLABLE) DTD 11/07/2013 1.950% 11/15/2018 2,993,640.00 3,002,049.24 7,475.00 3,021,840.00 08/19/1508/17/15A1A+ 3,000,000.00 91159HHE3 1.72 124 For the Month Ending June 30, 2018Managed Account Detail of Securities Held Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value CITY OF CHULA VISTA Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Corporate Note BANK OF NY MELLN CORP (CALLABLE) NOTES DTD 11/18/2013 2.100% 01/15/2019 997,329.00 1,001,048.13 9,683.33 1,007,240.00 09/21/1509/18/15A1A 1,000,000.00 06406HCP2 1.87 IBM CORP NOTE DTD 02/12/2014 1.950% 02/12/2019 1,484,973.00 1,504,684.83 11,293.75 1,528,290.00 04/27/1504/23/15A1A+ 1,500,000.00 459200HT1 1.44 TOYOTA MOTOR CREDIT CORP NOTES DTD 02/19/2016 1.700% 02/19/2019 1,521,664.56 1,529,960.48 9,537.00 1,529,816.40 02/19/1602/16/16Aa3AA- 1,530,000.00 89236TCU7 1.70 CISCO SYSTEMS INC GLOBAL NOTES DTD 03/03/2014 2.125% 03/01/2019 1,496,245.50 1,501,175.07 10,625.00 1,506,270.00 06/29/1506/26/15A1AA- 1,500,000.00 17275RAR3 2.01 BANK OF AMERICA CORP NOTE DTD 04/01/2014 2.650% 04/01/2019 1,498,407.00 1,500,089.61 9,937.50 1,500,090.00 06/27/1806/27/18A3A- 1,500,000.00 06051GFD6 2.64 APPLE INC GLOBAL NOTES DTD 05/06/2014 2.100% 05/06/2019 1,495,408.50 1,502,597.22 4,812.50 1,511,475.00 06/29/1506/26/15Aa1AA+ 1,500,000.00 037833AQ3 1.89 AMERCIAN EXPRESS CREDIT CORP NOTES DTD 08/15/2014 2.250% 08/15/2019 993,867.00 1,001,134.35 8,500.00 1,003,820.00 09/21/1509/18/15A2A- 1,000,000.00 0258M0DP1 2.15 AMERICAN HONDA FINANCE GLOBAL NOTES DTD 09/09/2014 2.250% 08/15/2019 1,491,439.50 1,507,079.07 12,750.00 1,514,325.00 04/28/1704/25/17A2A+ 1,500,000.00 02665WAH4 1.82 JOHN DEERE CAPITAL CORP DTD 06/07/2018 2.556% 01/07/2020 680,244.80 680,000.00 1,158.54 680,000.00 06/07/1806/04/18A2A 680,000.00 24422EUF4 2.56 GENERAL ELECTRIC CAP CORP (CALLABLE) DTD 01/09/2015 2.200% 01/09/2020 1,482,046.50 1,513,936.68 15,766.67 1,533,555.00 06/01/1605/26/16A2A 1,500,000.00 36962G7M0 1.56 JPMORGAN CHASE & CO (CALLABLE) DTD 01/23/2015 2.250% 01/23/2020 987,137.00 997,488.58 9,875.00 993,230.00 09/21/1509/18/15A3A- 1,000,000.00 46625HKA7 2.41 JPMORGAN CHASE & CO (CALLABLE) DTD 01/23/2015 2.250% 01/23/2020 1,480,705.50 1,501,596.99 14,812.50 1,504,815.00 04/27/1504/23/15A3A- 1,500,000.00 46625HKA7 2.18 WELLS FARGO & CO CORP BONDS DTD 02/02/2015 2.150% 01/30/2020 985,971.00 999,257.21 9,018.06 998,000.00 09/21/1509/18/15A2A- 1,000,000.00 94974BGF1 2.20 WELLS FARGO & CO CORP BONDS DTD 02/02/2015 2.150% 01/30/2020 1,478,956.50 1,500,018.99 13,527.08 1,500,045.00 03/27/1503/26/15A2A- 1,500,000.00 94974BGF1 2.15 125 For the Month Ending June 30, 2018Managed Account Detail of Securities Held Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value CITY OF CHULA VISTA Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Corporate Note MICROSOFT CORP (CALLABLE) NOTE DTD 02/12/2015 1.850% 02/12/2020 1,975,380.00 2,003,227.56 14,286.11 2,006,200.00 01/17/1701/13/17AaaAAA 2,000,000.00 594918AY0 1.75 BOEING COMPANY CORP NOTES DTD 07/28/2009 4.875% 02/15/2020 1,549,143.00 1,573,940.51 27,625.00 1,634,145.00 02/23/1702/22/17A2A 1,500,000.00 097023AZ8 1.78 AMERICAN HONDA FINANCE CORP NOTES DTD 03/13/2015 2.150% 03/13/2020 1,480,593.00 1,502,142.47 9,675.00 1,506,045.00 03/27/1503/26/15A2A+ 1,500,000.00 02665WAU5 2.06 COMCAST CORP CORP NOTES DTD 08/19/2011 5.150% 04/30/2020 1,550,037.00 1,583,159.55 13,089.58 1,642,770.00 02/23/1702/22/17A3A- 1,500,000.00 63946BAD2 2.05 AMERICAN EXP CREDIT CORP NT (CALLABLE) DTD 05/26/2015 2.375% 05/26/2020 1,478,230.50 1,494,021.92 3,463.54 1,485,135.00 06/29/1506/26/15A2A- 1,500,000.00 0258M0DT3 2.59 MORGAN STANLEY CORPORATE NOTES DTD 06/16/2015 2.800% 06/16/2020 1,190,317.20 1,192,421.41 1,400.00 1,192,032.00 05/25/1805/23/18A3BBB+ 1,200,000.00 61761JB32 3.14 BNY MELLON CORP NOTE (CALLABLE) DTD 08/17/2015 2.600% 08/17/2020 1,485,040.50 1,511,434.31 14,516.67 1,525,875.00 10/09/1510/08/15A1A 1,500,000.00 06406HDD8 2.22 AMERICAN HONDA FINANCE CB DTD 09/24/2015 2.450% 09/24/2020 987,384.00 1,002,637.68 6,601.39 1,005,680.00 10/09/1510/08/15A2A+ 1,000,000.00 02665WAZ4 2.33 PEPSICO INC CORP NOTES (CALLABLE) DTD 10/14/2015 2.150% 10/14/2020 1,968,212.00 2,017,092.88 9,197.22 2,032,540.00 06/06/1606/01/16A1A+ 2,000,000.00 713448DC9 1.76 MORGAN STANLEY CORP NOTES DTD 04/21/2016 2.500% 04/21/2021 439,509.60 451,689.27 2,187.50 452,893.50 05/16/1605/11/16A3BBB+ 450,000.00 61746BEA0 2.36 295,669.63 40,072,017.96 40,479,823.09 1.99 40,801,868.90 40,260,000.00 Security Type Sub-Total Commercial Paper GE CAPITAL TREASURY LLC COMM PAPER DTD 11/20/2017 0.000% 08/13/2018 2,992,389.00 2,993,836.65 0.00 2,962,016.67 11/21/1711/21/17P-1A-1 3,000,000.00 36164KHD6 1.74 TOYOTA MOTOR CREDIT CORP COMM PAPER DTD 12/12/2017 0.000% 09/07/2018 1,493,767.50 1,495,013.33 0.00 1,480,273.33 12/12/1712/12/17P-1A-1+ 1,500,000.00 89233HJ70 1.78 126 For the Month Ending June 30, 2018Managed Account Detail of Securities Held Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value CITY OF CHULA VISTA Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Commercial Paper CREDIT AGRICOLE CIB NY COMM PAPER DTD 05/04/2018 0.000% 09/10/2018 1,493,332.50 1,493,314.16 0.00 1,487,852.50 05/04/1805/04/18P-1A-1 1,500,000.00 22533UJA2 2.28 BNP PARIBAS NY BRANCH COMM PAPER DTD 01/08/2018 0.000% 09/10/2018 1,493,403.00 1,493,284.59 0.00 1,488,082.50 05/07/1805/04/18P-1A-1 1,500,000.00 09659CJA7 2.29 MUFG BANK LTD/NY COMM PAPER DTD 04/13/2018 0.000% 09/10/2018 2,986,731.00 2,986,095.84 0.00 2,975,912.50 05/10/1805/10/18P-1A-1 3,000,000.00 62479MJA2 2.37 JP MORGAN SECURITIES LLC COMM PAPER DTD 03/06/2018 0.000% 10/02/2018 1,490,788.50 1,490,661.24 0.00 1,481,623.75 04/02/1804/02/18P-1A-1 1,500,000.00 46640QK26 2.44 BNP PARIBAS NY BRANCH COMM PAPER DTD 02/16/2018 0.000% 10/15/2018 2,979,336.00 2,981,096.67 0.00 2,957,021.67 02/16/1802/16/18P-1A-1 3,000,000.00 09659CKF4 2.17 CREDIT AGRICOLE CIB NY COMM PAPER DTD 01/19/2018 0.000% 10/15/2018 2,979,138.00 2,980,213.32 0.00 2,957,440.00 03/01/1803/01/18P-1A-1 3,000,000.00 22533UKF9 2.27 TOYOTA MOTOR CREDIT CORP COMM PAPER DTD 02/20/2018 0.000% 10/15/2018 3,476,102.00 3,477,946.12 0.00 3,450,690.83 02/20/1802/20/18P-1A-1+ 3,500,000.00 89233HKF0 2.17 DEXIA CREDIT LOCAL SA NY COMM PAPER DTD 05/17/2018 0.000% 12/05/2018 1,484,233.20 1,484,627.07 0.00 1,480,220.83 05/17/1805/16/18P-1A-1+ 1,500,000.00 25214PH30 2.38 DEXIA CREDIT LOCAL SA NY COMM PAPER DTD 05/11/2018 0.000% 12/05/2018 2,968,466.40 2,968,599.99 0.00 2,958,400.00 05/11/1805/10/18P-1A-1+ 3,000,000.00 25214PGV9 2.43 CANADIAN IMPERIAL HOLDING COMM PAPER DTD 05/10/2018 0.000% 12/31/2018 1,184,848.80 1,185,298.99 0.00 1,181,603.67 05/16/1805/16/18P-1A-1 1,200,000.00 13607FMX1 2.45 0.00 27,022,535.90 27,029,987.97 2.21 26,861,138.25 27,200,000.00 Security Type Sub-Total Certificate of Deposit BANK OF MONTREAL CHICAGO CERT DEPOS DTD 02/09/2017 1.880% 02/07/2019 2,994,411.00 3,000,000.00 22,560.00 3,000,000.00 02/09/1702/08/17P-1A-1 3,000,000.00 06427KRC3 1.90 SUMITOMO MITSUI BANK NY CD DTD 05/04/2017 2.050% 05/03/2019 2,987,244.00 3,000,000.00 10,079.17 3,000,000.00 05/04/1705/03/17P-1A-1 3,000,000.00 86563YVN0 2.05 127 For the Month Ending June 30, 2018Managed Account Detail of Securities Held Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value CITY OF CHULA VISTA Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Certificate of Deposit SKANDINAV ENSKILDA BANKEN NY CD DTD 08/04/2017 1.840% 08/02/2019 2,974,119.00 2,999,361.96 22,846.67 2,998,830.00 08/04/1708/03/17Aa2A+ 3,000,000.00 83050FXT3 1.85 MUFG BANK LTD/NY CERT DEPOS DTD 09/27/2017 2.070% 09/25/2019 990,001.00 1,000,000.00 15,927.50 1,000,000.00 09/27/1709/25/17A1A 1,000,000.00 06539RGM3 2.07 CREDIT SUISSE NEW YORK CERT DEPOS DTD 02/08/2018 2.670% 02/07/2020 1,499,944.50 1,500,000.00 15,908.75 1,500,000.00 02/08/1802/07/18A1A 1,500,000.00 22549LFR1 2.67 BANK OF NOVA SCOTIA HOUSTON CD DTD 06/07/2018 3.080% 06/05/2020 2,513,872.50 2,499,080.70 5,133.33 2,499,050.00 06/07/1806/05/18A1A+ 2,500,000.00 06417GU22 3.10 92,455.42 13,959,592.00 13,998,442.66 2.23 13,997,880.00 14,000,000.00 Security Type Sub-Total Asset-Backed Security / Collateralized Mortgage Obligation CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 126,359.60 126,472.46 68.02 126,468.51 10/26/1610/19/16AaaNR 126,475.36 14312QAB2 1.21 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 302,973.91 304,310.72 134.07 304,281.63 02/25/1602/16/16NRAAA 304,324.87 43814NAC9 1.23 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 429,401.11 431,478.01 262.73 431,442.12 10/14/1510/06/15AaaNR 431,497.06 65478AAD5 1.38 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 289,417.84 290,706.05 186.06 290,691.25 05/31/1605/24/16AaaAAA 290,719.48 02007LAC6 1.44 HONDA ABS 2016-4 A3 DTD 10/25/2016 1.210% 12/18/2020 1,137,670.62 1,149,959.87 502.49 1,149,925.37 10/25/1610/18/16NRAAA 1,150,000.00 43814RAC0 1.04 HAROT 2018-2 A2 DTD 05/30/2018 2.660% 12/18/2020 1,799,436.06 1,799,998.40 1,729.00 1,799,997.30 05/30/1805/22/18NRAAA 1,800,000.00 43814UAF6 2.66 JOHN DEERE ABS 2017-B A3 DTD 07/15/2017 1.820% 10/15/2021 527,227.25 534,968.94 432.76 534,960.84 07/18/1707/11/17AaaNR 535,000.00 47788BAD6 1.82 ALLYA 2018-3 A3 DTD 06/27/2018 3.000% 01/15/2023 1,099,924.76 1,099,924.99 366.67 1,099,924.76 06/27/1806/19/18AaaAAA 1,100,000.00 02007JAC1 3.09 3,681.80 5,712,411.15 5,737,819.44 2.08 5,737,691.78 5,738,016.77 Security Type Sub-Total 128 For the Month Ending June 30, 2018Managed Account Detail of Securities Held Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value CITY OF CHULA VISTA Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par 152,586,071.57 152,777,639.02 1.79 570,712.33 152,594,448.45 151,379,648.28 Managed Account Sub-Total $152,586,071.57 $152,777,639.02 $570,712.33 $152,594,448.45 $151,379,648.28 1.79% $151,950,360.61 $570,712.33 Total Investments Accrued Interest Securities Sub-Total 129 For the Month Ending April 30, 2018Managed Account Security Transactions & Interest CUSIP CITY OF CHULA VISTA Transaction Type Trade Settle Security Description Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 04/02/18 JP MORGAN SECURITIES LLC COMM PAPER DTD 03/06/2018 0.000% 10/02/2018 46640QK26 (1,481,623.75) 0.00 (1,481,623.75) 1,500,000.00 04/02/18 0.00 (1,481,623.75)(1,481,623.75) 1,500,000.00 Transaction Type Sub-Total INTEREST 04/25/18 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 0.00 781.70 781.70 527,770.86 04/01/18 04/02/18 MONEY MARKET FUND MONEY0002 0.00 220.73 220.73 0.00 04/02/18 04/03/18 MONEY MARKET FUND MONEY0002 0.00 301.91 301.91 0.00 04/03/18 04/14/18 PEPSICO INC CORP NOTES (CALLABLE) DTD 10/14/2015 2.150% 10/14/2020 713448DC9 0.00 21,500.00 21,500.00 2,000,000.00 04/14/18 04/15/18 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 0.00 662.98 662.98 580,709.99 04/15/18 04/15/18 US TREASURY NOTES DTD 10/15/2015 0.875% 10/15/2018 912828L81 0.00 13,125.00 13,125.00 3,000,000.00 04/15/18 04/15/18 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 02007LAC6 0.00 470.05 470.05 391,710.53 04/15/18 04/15/18 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 0.00 362.36 362.36 359,361.80 04/15/18 04/15/18 JOHN DEERE ABS 2017-B A3 DTD 07/15/2017 1.820% 10/15/2021 47788BAD6 0.00 811.42 811.42 535,000.00 04/15/18 04/15/18 BANK OF AMERICA ABS 2015-A2 A DTD 04/29/2015 1.360% 09/15/2020 05522RCU0 0.00 1,133.33 1,133.33 1,000,000.00 04/15/18 04/18/18 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 0.00 442.17 442.17 434,917.82 04/18/18 04/18/18 HONDA ABS 2016-4 A3 DTD 10/25/2016 1.210% 12/18/2020 43814RAC0 0.00 1,159.58 1,159.58 1,150,000.00 04/18/18 04/21/18 MORGAN STANLEY CORP NOTES DTD 04/21/2016 2.500% 04/21/2021 61746BEA0 0.00 5,625.00 5,625.00 450,000.00 04/21/18 04/30/18 US TREASURY NOTES DTD 10/31/2014 1.500% 10/31/2019 912828F62 0.00 11,250.00 11,250.00 1,500,000.00 04/30/18 04/30/18 US TREASURY NOTES DTD 10/31/2011 1.750% 10/31/2018 912828RP7 0.00 34,081.25 34,081.25 3,895,000.00 04/30/18 130 For the Month Ending April 30, 2018Managed Account Security Transactions & Interest CUSIP CITY OF CHULA VISTA Transaction Type Trade Settle Security Description Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 04/30/18 US TREASURY NOTES DTD 10/31/2014 1.500% 10/31/2019 912828F62 0.00 63,750.00 63,750.00 8,500,000.00 04/30/18 04/30/18 COMCAST CORP CORP NOTES DTD 08/19/2011 5.150% 04/30/2020 63946BAD2 0.00 38,625.00 38,625.00 1,500,000.00 04/30/18 194,302.48 194,302.48 0.00 25,824,471.00 Transaction Type Sub-Total MATURITY 04/02/18 JP MORGAN SECURITIES LLC COMM PAPER DTD 07/06/2017 0.000% 04/02/2018 46640QD24 1,500,000.00 0.00 1,500,000.00 13,690.00 0.00 1,500,000.00 04/02/18 0.00 0.00 13,690.00 1,500,000.00 1,500,000.00 1,500,000.00 Transaction Type Sub-Total PAYDOWNS 04/25/18 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 7,749.64 0.00 7,749.64 (77.60) 0.00 7,749.64 04/01/18 04/15/18 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 82,813.75 0.00 82,813.75 4.49 0.00 82,813.75 04/15/18 04/15/18 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 52,660.24 0.00 52,660.24 6.70 0.00 52,660.24 04/15/18 04/15/18 BANK OF AMERICA ABS 2015-A2 A DTD 04/29/2015 1.360% 09/15/2020 05522RCU0 1,000,000.00 0.00 1,000,000.00 (1,328.12) 0.00 1,000,000.00 04/15/18 04/15/18 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 02007LAC6 36,251.74 0.00 36,251.74 3.52 0.00 36,251.74 04/15/18 04/18/18 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 46,498.38 0.00 46,498.38 6.61 0.00 46,498.38 04/18/18 0.00 0.00 (1,384.40) 1,225,973.75 1,225,973.75 1,225,973.75 Transaction Type Sub-Total 1,244,350.00 194,302.48 1,438,652.48 12,305.60 0.00 Managed Account Sub-Total Total Security Transactions $12,305.60 $1,438,652.48 $194,302.48 $1,244,350.00 $0.00 131 For the Month Ending May 31, 2018Managed Account Security Transactions & Interest CUSIP CITY OF CHULA VISTA ransaction Type Trade Settle Security Description Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 05/04/18 CREDIT AGRICOLE CIB NY COMM PAPER DTD 05/04/2018 0.000% 09/10/2018 22533UJA2 (1,487,852.50) 0.00 (1,487,852.50) 1,500,000.00 05/04/18 05/07/18 BNP PARIBAS NY BRANCH COMM PAPER DTD 01/08/2018 0.000% 09/10/2018 09659CJA7 (1,488,082.50) 0.00 (1,488,082.50) 1,500,000.00 05/04/18 05/10/18 MUFG BANK LTD/NY COMM PAPER DTD 04/13/2018 0.000% 09/10/2018 62479MJA2 (2,975,912.50) 0.00 (2,975,912.50) 3,000,000.00 05/10/18 05/11/18 DEXIA CREDIT LOCAL SA NY COMM PAPER DTD 05/11/2018 0.000% 12/05/2018 25214PGV9 (2,958,400.00) 0.00 (2,958,400.00) 3,000,000.00 05/10/18 05/16/18 CANADIAN IMPERIAL HOLDING COMM PAPER DTD 05/10/2018 0.000% 12/31/2018 13607FMX1 (1,181,603.67) 0.00 (1,181,603.67) 1,200,000.00 05/16/18 05/17/18 DEXIA CREDIT LOCAL SA NY COMM PAPER DTD 05/17/2018 0.000% 12/05/2018 25214PH30 (1,480,220.83) 0.00 (1,480,220.83) 1,500,000.00 05/16/18 05/30/18 HAROT 2018-2 A2 DTD 05/30/2018 2.660% 12/18/2020 43814UAF6 (1,799,997.30) 0.00 (1,799,997.30) 1,800,000.00 05/22/18 05/25/18 MORGAN STANLEY CORPORATE NOTES DTD 06/16/2015 2.800% 06/16/2020 61761JB32 (1,192,032.00)(14,840.00)(1,206,872.00) 1,200,000.00 05/23/18 (14,840.00) (14,578,941.30)(14,564,101.30) 14,700,000.00 Transaction Type Sub-Total INTEREST 05/01/18 MONEY MARKET FUND MONEY0002 0.00 253.88 253.88 0.00 05/01/18 05/01/18 CITIGROUP INC CORP NOTES DTD 05/01/2013 1.750% 05/01/2018 172967GS4 0.00 4,375.00 4,375.00 500,000.00 05/01/18 05/25/18 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 0.00 713.30 713.30 520,021.22 05/01/18 05/02/18 MONEY MARKET FUND MONEY0002 0.00 1,312.16 1,312.16 0.00 05/02/18 05/03/18 SUMITOMO MITSUI BANK NY CD DTD 05/04/2017 2.050% 05/03/2019 86563YVN0 0.00 30,920.83 30,920.83 3,000,000.00 05/03/18 05/06/18 APPLE INC GLOBAL NOTES DTD 05/06/2014 2.100% 05/06/2019 037833AQ3 0.00 15,750.00 15,750.00 1,500,000.00 05/06/18 132 For the Month Ending May 31, 2018Managed Account Security Transactions & Interest CUSIP CITY OF CHULA VISTA Transaction Type Trade Settle Security Description Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 05/15/18 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 02007LAC6 0.00 426.55 426.55 355,458.79 05/15/18 05/15/18 BERKSHIRE HATHAWAY NOTES DTD 05/15/2013 1.300% 05/15/2018 084664BW0 0.00 8,749.00 8,749.00 1,346,000.00 05/15/18 05/15/18 JOHN DEERE ABS 2017-B A3 DTD 07/15/2017 1.820% 10/15/2021 47788BAD6 0.00 811.42 811.42 535,000.00 05/15/18 05/15/18 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 0.00 602.86 602.86 528,049.75 05/15/18 05/15/18 US BANCORP NOTES (CALLABLE) DTD 11/07/2013 1.950% 11/15/2018 91159HHE3 0.00 29,250.00 29,250.00 3,000,000.00 05/15/18 05/15/18 BERKSHIRE HATHAWAY NOTES DTD 05/15/2013 1.300% 05/15/2018 084664BW0 0.00 2,762.50 2,762.50 425,000.00 05/15/18 05/15/18 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 0.00 278.85 278.85 276,548.05 05/15/18 05/18/18 HONDA ABS 2016-4 A3 DTD 10/25/2016 1.210% 12/18/2020 43814RAC0 0.00 1,159.58 1,159.58 1,150,000.00 05/18/18 05/18/18 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 0.00 394.89 394.89 388,419.44 05/18/18 05/26/18 AMERICAN EXP CREDIT CORP NT (CALLABLE) DTD 05/26/2015 2.375% 05/26/2020 0258M0DT3 0.00 17,812.50 17,812.50 1,500,000.00 05/26/18 05/29/18 FREDDIE MAC (EX-CALLABLE) BONDS DTD 05/29/2013 1.000% 05/29/2018 3134G45W4 0.00 15,000.00 15,000.00 3,000,000.00 05/29/18 05/31/18 US TREASURY NOTES DTD 12/01/2014 1.500% 11/30/2019 912828G61 0.00 22,500.00 22,500.00 3,000,000.00 05/31/18 05/31/18 US TREASURY NOTES DTD 06/02/2014 1.500% 05/31/2019 912828WL0 0.00 63,750.00 63,750.00 8,500,000.00 05/31/18 05/31/18 US TREASURY NOTES DTD 12/02/2013 1.250% 11/30/2018 912828A34 0.00 49,843.75 49,843.75 7,975,000.00 05/31/18 05/31/18 US TREASURY NOTES DTD 11/30/2012 1.000% 11/30/2019 912828UB4 0.00 15,000.00 15,000.00 3,000,000.00 05/31/18 281,667.07 281,667.07 0.00 40,499,497.25 Transaction Type Sub-Total MATURITY 133 For the Month Ending May 31, 2018Managed Account Security Transactions & Interest CUSIP CITY OF CHULA VISTA Transaction Type Trade Settle Security Description Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method MATURITY 05/01/18 CITIGROUP INC CORP NOTES DTD 05/01/2013 1.750% 05/01/2018 172967GS4 500,000.00 0.00 500,000.00 (1,275.00) 0.00 500,000.00 05/01/18 05/10/18 MUFG BANK LTD/NY COMM PAPER DTD 08/22/2017 0.000% 05/10/2018 06538CEA5 3,000,000.00 0.00 3,000,000.00 33,060.00 0.00 3,000,000.00 05/10/18 05/10/18 UBS AG STAMFORD CT DTD 05/11/2017 1.550% 05/10/2018 90275DGY0 3,000,000.00 47,016.67 3,047,016.67 (683.93) 0.00 3,000,000.00 05/10/18 05/15/18 BERKSHIRE HATHAWAY NOTES DTD 05/15/2013 1.300% 05/15/2018 084664BW0 1,346,000.00 0.00 1,346,000.00 (336.50) 0.00 1,346,000.00 05/15/18 05/15/18 BERKSHIRE HATHAWAY NOTES DTD 05/15/2013 1.300% 05/15/2018 084664BW0 425,000.00 0.00 425,000.00 1,236.75 0.00 425,000.00 05/15/18 05/21/18 ING (US) FUNDING LLC COMM PAPER DTD 08/28/2017 0.000% 05/21/2018 4497W1EM4 3,000,000.00 0.00 3,000,000.00 33,345.83 0.00 3,000,000.00 05/21/18 05/29/18 FREDDIE MAC (EX-CALLABLE) BONDS DTD 05/29/2013 1.000% 05/29/2018 3134G45W4 3,000,000.00 0.00 3,000,000.00 0.00 0.00 3,000,000.00 05/29/18 47,016.67 0.00 65,347.15 14,318,016.67 14,271,000.00 14,271,000.00 Transaction Type Sub-Total PAYDOWNS 05/25/18 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 45,039.38 0.00 45,039.38 (451.02) 0.00 45,039.38 05/01/18 05/15/18 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 02007LAC6 32,867.57 0.00 32,867.57 3.19 0.00 32,867.57 05/15/18 05/15/18 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 76,482.38 0.00 76,482.38 4.15 0.00 76,482.38 05/15/18 05/15/18 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 49,543.58 0.00 49,543.58 6.31 0.00 49,543.58 05/15/18 05/18/18 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 42,836.22 0.00 42,836.22 6.09 0.00 42,836.22 05/18/18 0.00 0.00 (431.28) 246,769.13 246,769.13 246,769.13 Transaction Type Sub-Total (46,332.17) 313,843.74 267,511.57 64,915.87 0.00 Managed Account Sub-Total Total Security Transactions $64,915.87 $267,511.57 $313,843.74 ($46,332.17)$0.00 134 For the Month Ending June 30, 2018Managed Account Security Transactions & Interest CUSIP CITY OF CHULA VISTA Transaction Type Trade Settle Security Description Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 06/07/18 JOHN DEERE CAPITAL CORP DTD 06/07/2018 2.556% 01/07/2020 24422EUF4 (680,000.00) 0.00 (680,000.00) 680,000.00 06/04/18 06/07/18 BANK OF NOVA SCOTIA HOUSTON CD DTD 06/07/2018 3.080% 06/05/2020 06417GU22 (2,499,050.00) 0.00 (2,499,050.00) 2,500,000.00 06/05/18 06/27/18 ALLYA 2018-3 A3 DTD 06/27/2018 3.000% 01/15/2023 02007JAC1 (1,099,924.76) 0.00 (1,099,924.76) 1,100,000.00 06/19/18 06/27/18 BANK OF AMERICA CORP NOTE DTD 04/01/2014 2.650% 04/01/2019 06051GFD6 (1,500,090.00)(9,495.83)(1,509,585.83) 1,500,000.00 06/27/18 (9,495.83) (5,788,560.59)(5,779,064.76) 5,780,000.00 Transaction Type Sub-Total INTEREST 06/01/18 MONEY MARKET FUND MONEY0002 0.00 65.04 65.04 0.00 06/01/18 06/25/18 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 0.00 674.78 674.78 474,981.84 06/01/18 06/04/18 MONEY MARKET FUND MONEY0002 0.00 2,011.19 2,011.19 0.00 06/04/18 06/05/18 BANK OF AMERICA BANK NOTES DTD 06/05/2015 1.750% 06/05/2018 06050TMC3 0.00 7,000.00 7,000.00 800,000.00 06/05/18 06/15/18 JOHN DEERE ABS 2017-B A3 DTD 07/15/2017 1.820% 10/15/2021 47788BAD6 0.00 811.42 811.42 535,000.00 06/15/18 06/15/18 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 0.00 546.29 546.29 478,506.17 06/15/18 06/15/18 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 02007LAC6 0.00 387.11 387.11 322,591.22 06/15/18 06/15/18 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 0.00 201.73 201.73 200,065.67 06/15/18 06/16/18 MORGAN STANLEY CORPORATE NOTES DTD 06/16/2015 2.800% 06/16/2020 61761JB32 0.00 16,800.00 16,800.00 1,200,000.00 06/16/18 06/18/18 HAROT 2018-2 A2 DTD 05/30/2018 2.660% 12/18/2020 43814UAF6 0.00 2,394.00 2,394.00 1,800,000.00 06/18/18 06/18/18 HONDA ABS 2016-4 A3 DTD 10/25/2016 1.210% 12/18/2020 43814RAC0 0.00 1,159.58 1,159.58 1,150,000.00 06/18/18 06/18/18 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 0.00 351.34 351.34 345,583.22 06/18/18 135 For the Month Ending June 30, 2018Managed Account Security Transactions & Interest CUSIP CITY OF CHULA VISTA Transaction Type Trade Settle Security Description Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 06/24/18 CHEVRON CORP (CALLABLE) GLOBAL NOTES DTD 06/24/2013 1.718% 06/24/2018 166764AE0 0.00 12,885.00 12,885.00 1,500,000.00 06/24/18 45,287.48 45,287.48 0.00 8,806,728.12 Transaction Type Sub-Total MATURITY 06/05/18 BANK OF AMERICA BANK NOTES DTD 06/05/2015 1.750% 06/05/2018 06050TMC3 800,000.00 0.00 800,000.00 (1,160.00) 0.00 800,000.00 06/05/18 06/24/18 CHEVRON CORP (CALLABLE) GLOBAL NOTES DTD 06/24/2013 1.718% 06/24/2018 166764AE0 1,500,000.00 0.00 1,500,000.00 (23,610.00) 0.00 1,500,000.00 06/24/18 0.00 0.00 (24,770.00) 2,300,000.00 2,300,000.00 2,300,000.00 Transaction Type Sub-Total PAYDOWNS 06/25/18 FANNIE MAE SERIES 2015-M13 ASQ2 DTD 10/01/2015 1.646% 09/01/2019 3136AQDQ0 16,927.04 0.00 16,927.04 (169.51) 0.00 16,927.04 06/01/18 06/15/18 ALLY ABS 2016-3 A3 DTD 05/31/2016 1.440% 08/15/2020 02007LAC6 31,871.74 0.00 31,871.74 3.10 0.00 31,871.74 06/15/18 06/15/18 CARMAX ABS 2016-4 A2 DTD 10/26/2016 1.210% 11/15/2019 14312QAB2 73,590.31 0.00 73,590.31 3.99 0.00 73,590.31 06/15/18 06/15/18 NISSAN ABS 2015-C A3 DTD 10/14/2015 1.370% 05/15/2020 65478AAD5 47,009.11 0.00 47,009.11 5.98 0.00 47,009.11 06/15/18 06/18/18 HONDA ABS 2016-1 A3 DTD 02/25/2016 1.220% 12/18/2019 43814NAC9 41,258.35 0.00 41,258.35 5.86 0.00 41,258.35 06/18/18 0.00 0.00 (150.58) 210,656.55 210,656.55 210,656.55 Transaction Type Sub-Total (3,268,408.21) 35,791.65 (3,232,616.56) (24,920.58) 0.00 Managed Account Sub-Total Total Security Transactions ($24,920.58)($3,232,616.56)$35,791.65 ($3,268,408.21)$0.00 136 P a g e | 1 September 11, 2018 File ID: 18-0400 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $50,165 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY The Police Department has recently received notice of the 2018 Edward Byrne Memorial Justice Assistance Grant award in the amount of $50,165 from the Bureau of Justice Assistance. These funds were allocated to the Police Department based on city population and Part 1 violent crime statistics. 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 Not Applicable DISCUSSION Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their local needs and conditions. Federal funds from the Edward Byrne Memorial JAG Program must be used to supplement existing funds for program activities and cannot replace, or supplant, nonfederal funds that have been appropriated for the same purpose. The unit of local government must provide assurance that the application or any future amendment was made and an opportunity to comment was provided to citizens and the neighborhood or community organizations of applicable law. Local match is not required with the JAG Program. The Police Department received notice on July 20, 2018 of an Edward Byrne Memorial JAG award in the 137 P a g e | 2 amount of $50,165 from the Bureau of Justice Assistance. These funds were allocated to the Police Department based on city population and Part 1 violent crime statistics. Part 1 violent crimes include murder and non-negligent manslaughters, forcible rape, robbery, and aggravated assaults as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Justice Assistance Grant. The Police Department recommends using the JAG funds for the personnel costs of a Police Community Relations Specialist. The Community Relations Unit was disbanded in the Police Department during previous budget cuts. The Police Community Relations Specialist was reinstated through 2009 American Reinvestment and Recovery Act (ARRA) funds, covering a two-year period of July 2009 to June 2011. When ARRA funds were depleted, JAG funds were used to retain this position. The Police Department is recommending to continue using JAG funds for Police Community Relations Specialist personnel costs during fiscal year 2018/2019. The Police Community Relations Specialist provides a vital link between the community and the Police Department by attending community meetings, coordinating events which involve the community, providing Crime Prevention through Environmental Design assessments for homeowners and businesses, coordinating the annual Citizens Police Academy and the Teen Police Academy, and responds to general inquiries and questions to the Police Department. This position plays an invaluable role serving as the Department’s community liaison. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Funds received for the Justice Assistance Grant support the goal of Strong and Secure Neighborhoods by providing a vital link between the community and the Police Department. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of $50,165 for the 2018 Edward Byrne Memorial Justice Assistance Grant from the Bureau of Justice Assistance. ONGOING FISCAL IMPACT The annual personnel cost of the Police Community Relations Specialist is approximately $102,822. Funds received by JAG will partially offset the annual personnel costs. The remaining costs will be covered by the General Fund, which has been included in the fiscal year 2018/2019 adopted budget. 138 P a g e | 3 ATTACHMENTS None Staff Contact: Maritza Vargas, Police Department 139 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $50,165 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT WHEREAS, the Police Department received notice from the Bureau of Justice Assistance of the 2018 Edward Byrne Memorial Justice Assistance Grant award in the amount of $50,165; and WHEREAS, the grant funding from the Bureau of Justice Assistance for the 2018 Edward Byrne Memorial Justice Assistance Grant will be used for the personnel costs of one Police Community Relations Specialist; and WHEREAS, the Police Community Relations Specialist provides a vital link between the community and the Police Department; and WHEREAS, a public hearing was conducted to seek input regarding the grant appropriations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $50,165 from the Bureau of Justice Assistance for the 2018 Edward Byrne Memorial Justice Assistance Grant. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Police Chief City Attorney 140 Page 1 of 4 Annual Report of the Measure P Citizens Oversight Committee Fiscal Year 2016/2017 Measure P Background In November 2016, Chula Vista voters approved Measure P a temporary, ten-year, half-cent sales tax to fund high priority infrastructure needs. Collection of the sales tax began April 1, 2017. The sales tax is projected to raise $178 million which will be used to upgrade police, fire, paramedic and 9-1-1 equipment, vehicles and facilities; fund streets and sidewalks; replace storm drains to prevent sinkholes; improve parks; repair recreation facilities; and repair or replace other city infrastructure. The ballot measure also established a Measure P Citizens Oversight Committee (COC). The purpose of the COC is to review and report on all Measure P proposed expenditure plans, financial reports, and audits. Citizens Oversight Committee The Measure P Citizens Oversight Committee (COC) is composed of 16 members. The purpose of the COC is to review and report on all Measure P expenditure plans, financial reports, and audits. Eleven of the COC members serve as “Designated Members.” Designated Members nominated by local organizations and individuals such as the Chula Vista Chamber of Commerce, Chula Vista Youth Sports Council, Chula Vista Growth Management Oversight Commission, and the Chula Vista Police and Fire chiefs. The remaining five members are “At- Large Members” selected from a pool of applicants who applied directly to the City. “At-Large Members” include at least one resident from each of the four City Council districts. The board is composed of sixteen members appointed to a four-year term. Member Appointment Criteria Term Expiring Paula Whitsell District 1 Rep. 6/30/21 Christopher Redo (Chair) District 2 Rep. 6/30/21 Jason Prater District 3 Rep. 6/30/21 Christopher Sheridan District 4 Rep. 6/30/21 Mona Freels At-Large Rep. 6/30/21 Zulema Maldonado Designated Rep.1 6/30/21 Silvestre Vigilante Designated Rep.2 6/30/21 Lileana Robles Designated Rep.3 6/30/21 David Garcias Designated Rep.4 6/30/21 Todd Voorhees Designated Rep.5 6/30/21 Michael Lengyel Designated Rep.6 6/30/21 Thomas Doyle Designated Rep.7 6/30/21 Oscar Romo Designated Rep.8 6/30/21 141 Page 2 of 4 Robert Ziomek Designated Rep.9 6/30/21 Donald Hunter Designated Rep.10 6/30/21 Leon Firsht (Vice Chair) Designated Rep.11 6/30/21 Nominating Authorities are as follows: 1 - Chula Vista Chamber of Commerce 2 - Chula Vista Sports Council 3 - Alliance of Californians for Community Empowerment, San Diego Branch 4 - San Diego and Imperial Counties Labor Union 5 - San Diego County Taxpayers Association 6 - Growth Management Oversight Commission 7 - Parks and Recreation Commission 8 - Sustainability Commission 9 - Chula Vista Fire Chief 10 - Chula Vista Police Chief 11 - Chula Vista Director of Public Works The specific duties of the COC are as follows: 1. Review and comment on each year's Finance Department Report (as defined in CVMC section 3.33.160.A); Measure P Spending Plan (as defined in CVMC section 3.33.160.B); and Auditor Report (as defined in CVMC section 3.33.160.C). 2. Prepare an annual report regarding the Finance Department Report for presentation to the City Council at a public meeting. 3. Work with City staff to identify and apply "best practices" for tracking and reporting on Measure P revenues and expenditures relative to other City revenues and expenditures. Summary of fiscal year 2017 Independent Auditors’ Report on Compliance Revenues and Expenditures Major expenditures in the following categories incurred in fiscal year 2017: Category FY 2017 Expenditures Major Items Fire Services $ 299,600 Fire Vehicles, Fire Equipment Police Services $ 1,578,236 911 Communications System, Police Vehicles Streets $ 340,555 Residential Streets (2,672') Other Infrastructure $ 185,619 Parkway Gym Renovations Bond Sale Expenses $ 46,843 Bond Issuance Costs Total Expenditures $ 2,450,854 142 Page 3 of 4 Audited Statement of Revenues, Expenditures and Changes in Fund Balance June 30, 2017 Revenues: Local sales and use tax $ 3,906,919 Total Revenues $ 3,906,919 Expenditures: Contracted Services $ 58,183 Repairs and maintenance $ 28,571 Equipment and shared infrastructure costs $ 1,555,598 Capital outlay $ 808,502 Total Expenditures $ 2,450,854 Excess of Revenues Over Expenditures $ 1,456,065 Net Change in Fund Balance $ 1,456,065 Fund Balance as of June 30, 2017 $ 1,456,065 Conclusion The Citizens Oversight Committee notes that this Annual Report refers only to the period from April 1, 2017 to June 30, 2017. During this period, the Committee had just been convened and held two meetings before the end of the fiscal year. Likewise, during this period the Committee began to contemplate the optimal format, content and scope of reports on expenditures, work schedule, and public information efforts required to provide citizens with transparency on the finances associated with the implementation of Measure P. In April 2017, city staff provided a status report to the Committee on the pending Measure P bond issuance. The intent of the bond issuance was to advance the funds necessary to initiate projects listed by the city as critical red assets (those in imminent stages of failure) in the city’s Asset Management Plan. On July 27, 2017, city staff reported to the Committee that the bond issuance had been successful, generating $70,000,000 in net bond proceeds to be used for Measure P projects. Accordingly, all budgets for the Measure P Spending Plan were prepared in compliance with the ordinance, including the net bond proceeds. 143 Page 4 of 4 It’s worth noting that during the period of April 1, 2017 to June 30, 2017, Measure P funds were expended to leverage grant dollars that had been secured by the city for improvements to the Parkway pool and gymnasium, enhancing the scope, scale and quality of the improvements. The Citizens Oversight Committee has reviewed the Independent Auditor’s Report on Compliance with Applicable Requirement prepared by the audit firm of Lance, Soll and Lunghard (LSL), the Measure P Spending Plan, and various expenditure and revenue reports prepared by the city staff. For the fiscal year beginning July 1, 2017, the Committee and the City staff have refined the information and reports that are regularly presented at the Committee’s public meetings. It is anticipated that those reports will be included in the Annual Report of the Committee in subsequent fiscal years. Attachment A – Copy of the Audited Report Attachment B – Fiscal Year 2017-18 Expenditure Report (For Informational Purposes Only) 144 CITY OF CHULA VISTA, CALIFORNIA 2016 MEASURE P SALES TAX FUND Report on Compliance with the Infrastructure, Facilities and Equipment Expenditure Plan For the Year Ended June 30, 2017 145 CITY OF CHULA VISTA 2016 MEASURE P SALES TAX FUND JUNE 30, 2017 TABLE OF CONTENTS Page Number Independent Auditors’ Report on Compliance with Applicable Requirements and on Internal Control Over Compliance ........................................................................................ 1 Schedules of 2016 Measure P Sales Tax Fund: Balance Sheet .................................................................................................................................. 3 Statement of Revenues, Expenditures and Changes in Fund Balance ........................................... 4 146 INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE WITH APPLICABLE REQUIREMENT AND ON INTERNAL CONTROL OVER COMPLIANCE To the Honorable Mayor and Members of the City Council City of Chula Vista, California Report on Compliance We have audited the compliance of the 2016 Measure P Sales Tax Fund of the City of Chula Vista, California (the “City”) with the types of compliance requirements described in Ordinance No. 3371 (the Ordinance) and the Infrastructure, Facilities and Equipment Expenditure Plan (the Spending Plan) for the year ending June 30, 2017. Management’s Responsibility Management is responsible for compliance with the requirements of the Ordinance and the Spending Plan. Auditor’s Responsibility Our responsibility is to express an opinion on compliance with the requirements described in the Ordinance and the Spending Plan based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in the Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred above that could have a direct and material effect on the 2016 Measure P Sales Tax Fund of the City. An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for the 2016 Measure P Sales Tax Fund of the City. However, our audit does not provide a legal determination of the City’s compliance with those requirements. Opinion In our opinion, the City complied, in all material respects, with the requirements referred to above that are applicable to the 2016 Measure P Sales Tax Fund for the year ending June 30, 2017. Report on Internal Control over Compliance Management of the City is responsible for establishing and maintaining effective internal control over compliance with the type of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City’s internal control over compliance with the types of requirements that could have a direct and material effect on the City to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance and to test and report on internal controls over compliance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Phone: 714.672.0022 An Association of Independent Accounting Firms 147 To the Honorable Mayor and Members of the City Council City of Chula Vista, California Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance of the Ordinance and the Spending Plan on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that a material noncompliance with a type of compliance requirement of the Ordinance and the Spending Plan will not be prevented, or detected and corrected on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Ordinance and the Spending Plan. Accordingly, this communication is not suitable for any other purpose. Brea, California December 28, 2017 2 148 Cash and investments 1,970,749$ Total Assets 1,970,749$ Liabilities: Current liabilities: Accounts Payable 514,684 Total Liabilities 514,684 Assigned for Measure P Sales Tax 1,456,065 Total Fund Balance 1,456,065 Total Liabilities and Fund Balance 1,970,749$ CITY OF CHULA VISTA Fund Balance: Assets: JUNE 30, 2017 BALANCE SHEET SCHEDULES OF 2016 MEASURE P SALES TAX FUND 3 149 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE JUNE 30, 2017 Revenues: Local sales and use tax 3,906,919$ Total Revenues 3,906,919 Expenditures: Contracted services 58,183 Repairs and maintenance 28,571 Equipment and shared infrastructure costs 1,555,598 Capital outlay 808,502 Total Expenditures 2,450,854 Excess (Deficiency) of Revenues Over (under) Expenditures 1,456,065 Net Change in Fund Balance 1,456,065 Fund Balance at End of Year 1,456,065$ SCHEDULES OF 2016 MEASURE P SALES TAX FUND CITY OF CHULA VISTA 4 150 ORDINANCE NO. 3438 ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.63 – MEASURE A” CITIZENS’ OVERSIGHT COMMITTEE WHEREAS, on June 5, 2018, the City of Chula Vista submitted to the voters a measure to approve an ordinance enacting a one-half cent general transactions and use tax, including provisions for citizens’ oversight, separate accounting, and independent audits (“Measure A”); and WHEREAS, the voters approved the passage of Measure A, thereby adopting Ordinance No. 3415 (“Ordinance 3415”), enacting the general transactions and use tax and requiring the implementation of the oversight, accounting and audit provisions; and WHEREAS, Ordinance 3415 specifically required the establishment of a Citizens’ Oversight Committee (“COC”), by ordinance, no later than 150 days following the date of the election at which Measure A is approved by the voters; and WHEREAS, Ordinance 3415 provided that the COC would function to: (i) consider the annual Finance Department report on Measure A revenues and expenditures; (ii) review and report on compliance with the terms of Ordinance 3415 and the City Council Intended Public Safety Expenditure Plan; (iii) and review and report on each year’s spending plan for Measure A revenues; and WHEREAS, Ordinance 3415 also set forth the following requirements for the COC members: (i) the members are to be appointed by the City Council in accordance with existing City policies and (ii) they shall conduct the meetings in accordance with the Ralph M. Brown Act; and WHEREAS, Ordinance 3415 also set forth the following regarding the COC: (i) the COC may be disbanded following the implementation of “Phase I” Critical Needs, as reported in the Intended Public Safety Expenditure Plan and (ii) if the City Council elects to disband the COC, the City’s Growth Management Oversight Commission, or an alternative citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner determined by the City Council, regarding the collections and expenditure of Measure A Revenues and the resulting impacts on public safety; and WHEREAS, in accordance with Measure A and Ordinance 3415 (codified as Chula Vista Municipal Code Chapter 3.34), City staff has prepared a draft ordinance to add Chapter 2.63 to the Chula Vista Municipal Code, establishing rules and procedures for the Citizens’ Oversight Committee. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: DocuSign Envelope ID: 2399737B-D1FF-4454-BD88-D0587BBD5AB7 151 Ordinance No. 3438 Page No. 2 Section I. That Chapter 2.63 is hereby added to the Chula Vista Municipal Code, to read as follows: Chapter 2.63 MEASURE A” CITIZENS’ OVERSIGHT COMMITTEE Sections: 2.63.010 Creation. 2.63.020 Function. 2.63.030 Specific Duties. 2.63.040 Limits on Authority 2.63.050 Composition; Qualifications; Nomination. 2.63.060 City Council Appointment. 2.63.070 Terms; Vacancies. 2.63.080 Meeting Schedule. 2.63.090 Operating Rules and Procedures 2.63.100 Staff Support. 2.63.110 Dissolution date. 2.63.010 Creation. There is hereby created the “Measure A Citizens’ Oversight Committee” (the “COC”). The COC is created for the purpose of providing citizens’ oversight in connection with expenditures of tax revenues generated by Measure A. Measure A is a one-half cent general transactions and use tax approved by the voters on June 5, 2018. Measure A is codified as CVMC Chapter 3.34. To the extent of any inconsistency between this ordinance and Measure A, the terms of Measure A shall govern. 2.63.020 Function. The function of the COC is to review and report on City compliance with the provisions of Measure A, particularly with respect to the City’s accounting and expenditure of Measure A revenues. 2.63.030 Specific Duties. The specific duties of the COC are as follows: A. Review and comment on each year’s: (1) “Finance Department Report” (as defined in CVMC Section 3.34.160.A); (2) “Measure A Spending Plan” (as defined in CVMC Section 3.34.160.B); and (3) Auditor Report (as described in CVMC Section 3.34.160.C). B. Make determinations as necessary and appropriate regarding City compliance with Measure A requirements. DocuSign Envelope ID: 2399737B-D1FF-4454-BD88-D0587BBD5AB7 152 Ordinance No. 3438 Page No. 3 C. Work with City staff to identify and apply “best practices” for tracking and reporting on Measure A revenues and expenditures relative to other Public Safety department revenues and expenditures. D. Prepare an annual report regarding subsection A, B and C above, for presentation to the City Council at a public meeting. 2.63.040 Limits on Authority. Per Charter Section 600, the COC shall have no authority to direct the conduct of any department. The COC is advisory in nature, and as such shall have no authority to approve, disapprove or prevent any City action. 2.63.050 Composition; Qualifications; Nomination. A. Members. The COC shall be comprised of eleven (11) members, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC members must be “qualified electors” of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC members must be qualified electors” at the time they apply and must maintain such status throughout their tenure. C. Designated Members. Seven of the total eleven (11) COC members shall be nominated, apply and serve as “designated members.” “Designated members” shall be nominated, one each, by the following nominating authorities (each a “Nominating Authority, collectively the Nominating Authorities”), subject to the additional membership qualifications, if any, specified for each: 1) Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber; 2) Chula Vista Police Officers Association (POA); nominee(s) must be an active member of this association; 3) Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an active member of this association; 4) Chula Vista Growth Management Oversight Commission; nominee(s) must be from this commission; 5) Association of Chula Vista Employee (ACE); nominee(s) must be an active member of this association. 6) Chula Vista Fire Chief 7) Chula Vista Police Chief DocuSign Envelope ID: 2399737B-D1FF-4454-BD88-D0587BBD5AB7 153 Ordinance No. 3438 Page No. 4 Designated members shall be selected for nomination by the Nominating Authorities in accordance with policies and procedures that each Nominating Authority establishes for itself. Up to three nominees may be presented for City Council consideration in accordance with the appointment process set forth in Section 2.63.060.A, below. If any of the listed Nominating Authorities decline to exercise their nominating authority in a timely fashion, or if any ceases to function or exist, that party’s nominating authority shall pass to a substantially similar organization selected by the City Council. D. At-Large Members. Four of the total eleven (11) COC members shall apply and serve as representatives of the City “at-large.” “At-large members” shall be comprised of one resident from each of the four City Council districts. Each must maintain his/her district residency throughout his/her tenure. At-large members shall apply to and be appointed by the City Council in accordance with the process set forth in Section 2.63.060.B, below. If re-districting occurs such that one or more at- large member no longer qualifies for his/her assigned district, he/she shall nonetheless be entitled to serve out the remainder of his/her term, with a qualified replacement to be appointed and seated for the succeeding term. 2.63.060 City Council Appointment. A. Designated Members. Designated members shall be appointed by the City Council as follows: Nominating Authorities shall submit the names and contact information for their nominee(s) (“Designated Nominees”) to the City Clerk on a form prescribed by the City Clerk. The City Clerk shall provide the Designated Nominees with instructions to complete and submit applications to the City Clerk within a specified time period. Completed applications timely received by the City Clerk shall be forwarded to the City Council. The City Council shall consider all applications received from the City Clerk and provide each nominated applicant an opportunity for an interview at a publicly noticed meeting. If a Nominating Authority presents the City Council with two or three nominees for consideration, and those nominees properly apply, the City Council shall make its appointment by choosing among the two or three nominees presented. If a Nominating Authority presents the City Council with only one nominee, the City Council may reject such nomination by majority vote and request an alternative submittal. Once rejected, a nominee may not be re-submitted for the term at issue, but may be submitted for consideration for future terms. B. At-large Members. At-large members shall be appointed in accordance with the procedures set forth in CVMC Section 2.53. C. Administration. The City Clerk shall administer the appointment process set forth above, including the development and publication of all necessary forms. The City Clerk shall have the authority to develop additional administrative policies and procedures to the extent necessary to implement the terms of this Chapter. 2.63.070 Terms. A. In General. Initial terms of office shall be determined in accordance with City Charter Section 602(b). The initial COC members shall be appointed and convene in accordance with CVMC 3.34.160.D, in time to consider and provide input on the Intended Public Safety Expenditure Plan. DocuSign Envelope ID: 2399737B-D1FF-4454-BD88-D0587BBD5AB7 154 Ordinance No. 3438 Page No. 5 B. Special Rules for Designated Members. Special rules shall apply to COC members that are nominated and qualified through their membership on the board of their Nominating Authority. For such members (hereafter, “Board Qualified COC Members”), if the underlying term on the board for their Nominating Authority expires, they may, nonetheless, continue to serve on the COC until the end of their COC term, provided that they receive the approval of their Nominating Authority board to do so. Otherwise, Board Qualified COC Member terms shall be co-terminus with their terms on their underlying Nominating Authority boards. The Nominating Authority shall notify the City Clerk in writing prior to the end of the Board Qualified COC Member’s term if the Nominating Authority does not authorize their seated member to continue and desires to submit a new nominee or nominees for consideration. 2.63.080 Meeting Frequency. In accordance with CVMC Section 2.25.200, the COC shall set the date, time and location of its regular meetings by written resolution and may change its regular meeting day, time or location by written resolution. The COC shall meet as often as necessary to accomplish the objectives of Chapter 3.34 and this Chapter. It is estimated that the COC will need to meet a minimum of four times per year to fulfill its assigned duties. 2.63.090 Operating Rules and Procedures. Except as expressly provided herein, or as otherwise necessary to implement this Chapter or the requirements of Measure A, the rules governing City boards and commissions generally, as set forth in CVMC Chapter 2.25, shall govern the COC. The COC shall also operate in accordance with the Ralph M. Brown Act; this includes requirements that meetings be noticed in advance and be held in public. The COC may also adopt additional rules and procedures in the form of bylaws as provided in CVMC Section 2.25.170. Any such bylaws must be consistent with terms of this Chapter and all other applicable laws. 2.63.100 Staff Support. The City Manager, and/or his/her designee(s), shall serve as the City staff liaison to the COC and shall provide it with administrative support, including designation of a COC staff secretary. The City Attorney, and/or his/her designee(s), shall provide the COC with legal counsel and support. 2.63.110 Dissolution Date. The COC may be disbanded following the implementation of “Phase I” Critical Needs, as reported in the Intended Public Safety Expenditure Plan and (ii) if the City Council elects to disband the COC, the City’s Growth Management Oversight Commission, or an alternative citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner determined by the City Council, regarding the collections and expenditure of Measure A Revenues and the resulting impacts on public safety. DocuSign Envelope ID: 2399737B-D1FF-4454-BD88-D0587BBD5AB7 155 Ordinance No. 3438 Page No. 6 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 contradict, the City Charter, and applicable state and federal law. 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. SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 2399737B-D1FF-4454-BD88-D0587BBD5AB7 156 Ordinance No. 3438 Page No. 7 Presented by Approved as to form by Gary Halbert Glen R. Googins City Manager City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of August 2018, by the following vote: AYES: Councilmembers: Aguilar, Diaz, McCann, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Casillas Salas Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3438 had its first reading at a regular meeting held on the 7th day of August 2018 and its second reading and adoption at a regular meeting of said City Council held on the 14th day of August 2018; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Dated Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 2399737B-D1FF-4454-BD88-D0587BBD5AB7 8/22/2018 157 Citizens’ Oversight Committee - Appointment Timeline Date Event August 7 Ordinance placed on first reading August 9 – 23 Nomination period for Nominating Authorities to submit Designated Member Nominees; City Clerk staff to provide Designated Member Nominees with instructions to complete and submit application as nomination forms are received. August 9 – September 4 Application period for At-Large Members open; résumé required with application. September 4 Deadline for Designated Member Nominees to return completed application; résumé required with application. September 6 All qualified applications for At-Large Members and Designated Member Nominees received by the deadline to be provided to Councilmembers and made available to the public. September 11 At the Regular City Council Meeting A. If five or more qualified applications per seat received,* Councilmembers to make nominations to interview applicants for At-Large seats; applicants receiving two or more nominations will be considered “finalists.” B. Mayor and Council shall collectively set a date and time to hold an open meeting to conduct interviews for applicants for both At-Large Member and Designated Member seats. September 12 City Clerk will notify At-Large Members applicants who are selected as finalists, and will schedule interviews for At-Large Member finalists and ALL Designated Member nominees. TBD – Open Meeting(s) (week of Sept 17) Open meeting(s) of the City Council to conduct initial interviews and deliberate regarding appointment. Week of September 24 Citizens’ Oversight Committee to hold first meeting (deadline to convene is October 1) 158 District 1 159 DISTRICT 1 160 DISTRICT 1 161 DISTRICT 1 162 DISTRICT 1 163 DISTRICT 1 164 DISTRICT 1 165 DISTRICT 1 166 DISTRICT 1 167 DISTRICT 1 168 DISTRICT 1 169 DISTRICT 1 170 DISTRICT 1 171 DISTRICT 1 172 DISTRICT 1 173 DISTRICT 1 174 DISTRICT 1 175 DISTRICT 1 176 DISTRICT 1 177 DISTRICT 1 178 DISTRICT 1 179 DISTRICT 1 180 DISTRICT 1 181 DISTRICT 1 182 DISTRICT 1 183 DISTRICT 1 184 DISTRICT 1 185 DISTRICT 1 186 DISTRICT 1 187 DISTRICT 1 188 DISTRICT 1 189 DISTRICT 1 190 DISTRICT 1 191 DISTRICT 1 192 DISTRICT 1 193 DISTRICT 1 194 DAVID M. STUCKY Chula Vista, CA 91914 ( SUMMARY OF QUALIFICATIONS Successful experience in all aspects of business operations and management including Commercial and municipal real estate management Project Management Financial management and budget administration Research and analysis Strategic Planning Community affairs Proven leadership, analytical, problem solving and decision making skills. Superior oral and written communication skills. Extensive experience in team building and organizational development. PROFESSIONAL ACCOMPLISHMENTS City of San Diego, San Diego, CA 1996 – 2018 Management Analyst, 2008 - 2018 Responsible for administration of the City of San Diego contractor prequalification program Identify and determine the qualifications of over 400 contractors to bid on capital improvement projects Analyze financial statements, contracts and supporting documents Liaise with other City departments and industry organizations Conduct internal training and community/industry outreach efforts Assist in the development and administration of Small Local Business Enterprise certification program Coordinate Public Works Department implementation of online bidding Acting Deputy Director, 2007 Responsible for directing and managing all aspects of the Facilities Division of the General Services Department Oversee, through subordinates, management, maintenance, repair and minor construction in approximately 1600 City-owned facilities Oversee, through subordinates, hiring, training, supervision and discipline of over 120 employees in a variety of building trades Develop, implement and administer operating budgets of approximately $15 million Develop, implement and administer capital improvement budgets of approximately $25 million Coordinate Facilities Division participation in Witch Creek fire response and recovery efforts Building Manager, 1996 - 2008 Manage a portfolio of downtown office buildings owned by the City of San Diego including the City Administration Building, Development Services Center, Crabtree Building and the historic World Trade Center Develop and implement an effective tenant retention program Supervise building staff, including contract employees and in-house trades Develop and administer operating and capital improvement budgets Prepare bid specifications, coordinate the selection of service vendors and negotiate service contracts Develop and implement long-range building rehabilitation and marketing plan Coordinate leasing, renewals and tenant improvements Special projects Conduct condition assessment and feasibility analysis of Central Operations Yard relocation Develop an interdepartmental program to implement energy efficiency projects in City-owned facilities Create Facilities Division Rewards & Recognition programs Manage implementation of City-wide access control protocol Coordinate General Services Department participation in Cities’ Readiness Initiative 195 DAVID M. STUCKY Page 2 Aegis Management Services, Bonita, CA 1994 - 1996 Real Estate Services Specialist Provided professional advisory and consulting services to owners and managers of commercial real estate Prepared marketing, leasing and business plans Recommended market positioning strategy for existing properties Implemented financial and operations reporting systems for newly acquired properties Developed effective tenant relations and retention programs Coordinated the solicitation of bids and selection of building service vendors Represented commercial real estate interests before legislative and regulatory bodies and community organizations East County Management Company, El Cajon, CA 1993 - 1994 Development Manager Managed a portfolio of 500,000 square feet of office, industrial and retail property Developed and administered operating and capital improvement budgets Prepared and presented periodic financial and operations reports Implemented effective tenant and client relations procedures Administered existing leases and coordinated renewals Supervised building construction and tenant improvement projects Managed maintenance and repair of facilities and grounds Coordinated government and community affairs Prepared and implemented marketing and business development plans Shield Security, Inc., San Diego, CA 1990 - 1993 Director of Marketing Led sales and marketing efforts for a regional, contract security provider AMPCO Parking, Inc., Los Angeles, CA 1988 - 1990 Branch Manager Responsible for marketing and operations for Southern California region Prepared and submitted lease and management proposals Negotiated management contracts and leases Coordinated advertising, public relations and community affairs Exercised management oversight of operations at 36 locations Supervised hiring, training and discipline of 175 employees in multiple trades at all skill levels Managed the purchase, installation and maintenance of automated access control equipment Prepared market forecasts and operating and capital improvement budgets Conducted site appraisal and analysis Organized government and legislative affairs Ace Parking Management, Inc., San Diego 1984 - 1988 Area Supervisor Coordinated parking operations at Horton Plaza and downtown San Diego Scheduled and supervised finishing construction Hired, trained, scheduled and disciplined up to 70 employees Developed and implemented accounting procedures and audit controls Prepared and administered operating and capital budgets 196 DAVID M. STUCKY Page 3 EDUCATION & LICENSES Bachelor of Arts, Political Science Occidental College Los Angeles, CA Juris Doctor University of California, Hastings College of the Law San Francisco, CA Internship National Labor Relations Board San Francisco, CA Certificate in Emergency Preparedness Management Federal Emergency Management Administration California Real Estate Sales License (currently inactive) City of San Diego, Academy 2000 City of San Diego Leadership Development Program PROFESSIONAL AFFILIATIONS SAN DIEGO BUILDING OWNERS & MANAGERS ASSOCIATION (1988 to 2018) President, 1995 Chair, Government Affairs Committee, 1996-1997 Chair, Energy Task Force, 1994 Founder/Chair, Office Building of the Year Awards, 1988-1993 RPA Course Instructor, 1996-2004 CALIFORNIA BUILDING OWNERS & MANAGERS ASSOCIATION (1990 - 1996) Treasurer, 1996 Member, Board of Directors, 1990-1996 Chair, Strategic Long Range Planning Task Force, 1995 BUILDING OWNERS & MANAGERS ASSOCIATION, INTERNATIONAL (1988 to 2018) Secretary/Treasurer, 2005-2009 Executive Committee, 2005-2011 Finance Committee, 2002-2009 Trustee, BOMA Foundation, 2005-2009 Chair, Industry Defense Fund Oversight Committee, 2003-2005 Chair, Awards Committee, 1999-2002 Vice Chair, Nominating Committee, 2004 Life Member, 2018 197 DISTRICT 1 198 DISTRICT 1 199 DISTRICT 1 200 DISTRICT 1 201 District 2 202 DISTRICT 2 203 DISTRICT 2 204 DISTRICT 2 205 DISTRICT 2 206 DISTRICT 2 207 DISTRICT 2 208 DISTRICT 2 209 DISTRICT 2 210 DISTRICT 2 211 DISTRICT 2 212 DISTRICT 2 213 DISTRICT 2 214 DISTRICT 2 215 DISTRICT 2 216 DISTRICT 2 217 DISTRICT 2 218 DISTRICT 2 219 DISTRICT 2 220 DISTRICT 2 221 DISTRICT 2 222 DISTRICT 2 223 DISTRICT 2 224 DISTRICT 2 225 DISTRICT 2 226 DISTRICT 2 227 DISTRICT 2 228 DISTRICT 2 229 DISTRICT 2 230 DISTRICT 2 231 DISTRICT 2 232 DISTRICT 2 233 DISTRICT 2 234 DISTRICT 2 235 DISTRICT 2 236 District 3 237 DISTRICT 3 238 DISTRICT 3 239 DISTRICT 3 240 DISTRICT 3 241 DISTRICT 3 242 DISTRICT 3 243 DISTRICT 3 244 DISTRICT 3 245 DISTRICT 3 246 DISTRICT 3 247 DISTRICT 3 248 DISTRICT 3 249 DISTRICT 3 250 DISTRICT 3 251 DISTRICT 3 252 DISTRICT 3 253 DISTRICT 3 254 DISTRICT 3 255 DISTRICT 3 256 DISTRICT 3 257 DISTRICT 3 258 DISTRICT 3 259 District 4 260 ChristineFlorez From:Webmaster Sent:Wednesday, August22, 201810:05AM To:CityClerk; Adrianna Hernandez Subject:CityofChula Vista: Citizens' Oversight CommitteeApplication - Webform Anewentrytoaform/survey hasbeensubmitted. FormName: MeasureACitizens' OversightCommitteeApplication Date & Time: 08/22/201810:04AM Response #: 10 Submitter ID: 50179 IPaddress: 172.24.96.110 Timetocomplete: 25min. , 24sec. Survey Details Page1 Applicationformembership ontheMeasure ACitizens' Oversight Committee 1. Prefix Mr. 2. Firstand LastName Edgar Armenta 3. E-mail 4. HomeAddress 5. City Chula Vista 6. ZIPcode 91911 7. PrimaryPhone 8. Secondary Phone Notanswered 1 DISTRICT 4 261 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 3years 12. Presentemployer DepartmentoftheNavy 13. Occupation Engineer 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? No 19. Whichones? Notanswered 20. CertainseatsontheCitizens' OversightCommitteerequirenominationbyspecificNominatingAuthorities. Ifyouare applyingforoneoftheseseats, pleaseselectyourNominatingAuthoritybelow; otherwise, select "none": None - Iamacitizenapplyingforanat-largememberseat 21. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? (250wordsorless) Myinterestsaretransparency andfairrepresentation ingovernment. IamafirstgenerationAmerican citizen, firstinmy familytoattendandgraduatecollege, andaU.S. FederalCivilServantproudlysupportingthewarfighterinthetheUnited StatesNavy, NavalAirSystemsCommandasengineer. Icanbringalogicalandanalytical perspectivetoourlocalgovernment. IhavepreviouslyworkedfortheCalifornia StateUniversityPoliceasaCommunityServiceOfficer, duringmyattendanceat SanDiegoStateUniversity. 22. WhatwouldyouhopetoaccomplishintheroleofaMemberoftheCitizens' OversightCommittee? (250wordsorless) Myhopeistorepresent, anddefendtheexpectationsofthecommunity whenitcomestospendingthefundsgatheredby MeasureA. 2 DISTRICT 4 262 23. Iunderstand thattobeconsidered, Imustsubmitaresumealongwiththisapplication. Resume2017 - EdgarArmenta.pdf 24. IamfamiliarwiththeresponsibilitiesoftheCitizens' OversightCommittee. Ideclareunderpenaltyofperjuryunderthe lawsoftheStateofCaliforniathattheinformationIhaveprovidedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 DISTRICT 4 263 EDGAR E. ARMENTA • Chula Vista, CA 91911• 6 • Work Experience Aircraft Tire Fleet Support Team / Materials Engineer (GS-11–GS-12) – FRCSW, Coronado, CA 1/2016 – present Support Marine Aviation Logistics Squadrons (MALS) with regular recurring visits to ensure safe facilities and establish a connection with the I-level maintainers throughout the fleet. Support NAVSUP tire acquisition programs with regular recurring inspections of storage facilities to ensure proper storage of aircraft tires for Navy use. Create and manage a Hazard Report (HazRep) database in order to track tire related mishaps, and monitor performance or aircraft tires across all platforms. Conduct engineering investigations (EI) on damaged or failed Navy aircraft tires to determine root cause and mitigate risk of future occurrences if necessary. Initiate material and/or design changes to tire designs based on fleet usage, wear, damage or failure trends by interfacing with manufacturers. Maintain, update and correct the NAVAIR 04-10-1 (wheels) and 04-10-506 (tire) general series manuals to maintain technical proficiency, accuracy and safety. F-18 Fleet Support Team Mechanical Engineer (GS-09 –GS-11) – FRC-SW, Coronado, CA 3/2015 – 1/2016 Conduct engineering investigations (EI) and Requests for Technical Information (RFTI) on damaged or failed F-18 landing gear and arresting system components to determine root cause and mitigate risk of future occurrences if necessary. Support Depot level artisans by participating in Material Review Boards (MRB) to arrive at disposition for landing gear and arresting system parts. Landing Gear Systems Engineer (DP-4) – Naval Air Systems Command, Patuxent River, MD 2/2014 – 2/2015 Approve, review and verify Contractor Data Requirements (CDRLs) meet Navy specification. Analyse and determine root cause for failures in the field, and approve a short and long term fix. Research and organize brake systems training for the development of incoming Navy engineers Participate in the design process of F-35B STOVL aircraft components with defense contractors. Engineering Intern – Fluid Components International, San Marcos, CA 5-8/2010, 5-8/2011, 5-8/2013 Designed & assembled Environmental Stress Screening fixture for a temperature sensor on the AH-64 Apache Longbow Attack Helicopter Designed & assembled Environmental Stress Screening harness for a temperature sensor on the F-35 Joint Strike Fighter Tested aircraft line-replaceable units for accuracy, performance and reliability Designed calibration fixture for the Canadair aircraft Water Level & Temperature Control Unit Instituted Root-Cause Troubleshooting procedures to determine defective unit failures Prepared technical procedures to be used by technicians Collected and organized test data for engineering reports Used electronic test equipment and standard shop tooling to determine cause of failed equipment. Industrial Quality/ LM2500 Intern (GS-07) – FRC-SW, Coronado, CA 5-8/2011 & 5-9/2012 Created an aircraft maintenance tracking database to increase efficiency during queries Merged existing databases in to a single database to improve and simplify end-user experience Calculated LM2500 gas turbine efficiency based on blade, vane and land clearances post rebuild Reviewed and corrected LM2500 test cell operator qualification test for FRC-SW Education San Diego State University, San Diego, CA December 2013 - B.S. Mechanical Engineering (GPA: 3.16) Course work completed: Engineering: Thermal Systems, Heat Transfer, Composites & Non-metallic materials, Properties of Materials, CNC Programming, Electric Circuits, Thermodynamics I&II, Machine Design, Geometric Dimensioning & Tolerancing, C Programming, Mechanics of Materials, Fluid DISTRICT 4 264 Dynamics, Control Systems, Engineering Design of Mechanical Components, Heat Transfer, Manufacturing Materials & Design, Powder Injection Molding Mathematics: Calculus I, II & III, Linear Algebra, Methods Of Analysis Physics: Mechanics, Electricity & Magnetism, Light & Optics Professional Skills AutoCad Pro/Engineer MasterCam SolidWorks Microsoft Office Suite: Word, Excel, Access, PowerPoint, Publisher CNC programming Electrical tools and soldering C Programming Manual lathe Manual mill HALT/HASS CNC mill DISTRICT 4 265 ChristineFlorez From:Webmaster Sent:Friday, August24, 201811:02AM To:CityClerk; Adrianna Hernandez Subject:CityofChula Vista: Citizens' Oversight CommitteeApplication - Webform Anewentrytoaform/survey hasbeensubmitted. FormName: MeasureACitizens' OversightCommitteeApplication Date & Time: 08/24/201811:01AM Response #: 18 Submitter ID: 50270 IPaddress: 172.24.96.110 Timetocomplete: 50min. , 1 sec. Survey Details Page1 Applicationformembership ontheMeasure ACitizens' Oversight Committee 1. Prefix Mr. 2. Firstand LastName huntpalmersr 3. E-mail 4. HomeAddress 5. City chula vista 6. ZIPcode 91911 7. PrimaryPhone 8. Secondary Phone 1 DISTRICT 4 266 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 52yrs 12. Presentemployer self/semi-retired 13. Occupation landscape-maintenance 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? Yes 19. Whichones? churchvolunteer 20. CertainseatsontheCitizens' OversightCommitteerequirenominationbyspecificNominatingAuthorities. Ifyouare applyingforoneoftheseseats, pleaseselectyourNominatingAuthoritybelow; otherwise, select "none": None - Iamacitizenapplyingforanat-largememberseat 21. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? (250wordsorless) landscape/maintenance for38yrs. WorkinginChulaVistahasshownmewhatareasneedattentioninordertokeepthe publicsafefromobstructionstosidewalks (trees) orothermatter, properlylitstreetsigns,potholes,etc. DrivingforalivingqualifiesmesinceIhaveseenthechangesovertheyearsofourinfrstructureandthepoliciesthathave goneintoeffect. 22. WhatwouldyouhopetoaccomplishintheroleofaMemberoftheCitizens' OversightCommittee? (250wordsorless) 2 DISTRICT 4 267 Ibelievethecityshouldshowamoretransparentpictureofwhatwespendourtaxdollarsonandputoutaquarterlyreport showingapercentagebreakdownofhowourdollarsareused (noteliminating payrollexpensesforeachdepartment). This reportshouldbegraphedinamannerthat "ALL" citizenscanunderstand (nohiddenexpenses). Thisgraph,Ithink, willeducateourcitizensandgiveusmoreconfidenceinourleadership 23. Iunderstand thattobeconsidered, Imustsubmit a resumealongwiththisapplication. RESUME-2018.docx 24. IamfamiliarwiththeresponsibilitiesoftheCitizens' OversightCommittee. Ideclareunderpenaltyofperjuryunderthe lawsoftheStateofCaliforniathattheinformationIhaveprovidedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 DISTRICT 4 268 HUNT F PALMER SR. RESUME 1966-1970 PART-TIME WORK (J.C. PENNEY,SEARS), MIDNIGHT GOLFBALL RETRIEVING DRIVING RANGE) 1970-1977 FULL TIME-SEARS- MANAGEMENT 1978-1980 TRAVELING 1980-PRESENT STARTED “PRO-CARE” LANDSCAPE/MAINTENANCE. OWNER/OPERATOR HAVE BEEN ASSOCIATED WITH MANY OF “PROPERTY MANAGERS” THROUGHOUT CHULA VISTA AND OTHER CITIES IN SAN DIEGO COUNTY. COMMUNITY SERVICES: CHURCH VOLUNTEER: MEXICO RE-BUILDING PROJECTS (EASTLAKE CHURCH) YOUTH PASTOR (COMMUNITY CONGREGATIONAL) RE-LANDSCAPE PORTION OF PROPERTY (EASTLAKE CHURCH) “TIME DONATION” BOARD OF “FINE ARTS” (COMMUNITY CONGREGATIONAL). PERSONAL ACTIVITIES: COOKING,FISHING,GOLFING,(35 YRS.)SOFTBALL PLAYER/MGR.),TRAVELLING,CAMPING,PHOTOGRAPHY, STAR GAZING,AND ENJOYING MY GRANDCHILDREN (18MO.-21YRS.) NATIVE CHULA VISTAN SINCE 1956. I HAVE SEEN A “LOT” OF CHANGES IN OUR THEN SLEEPY,QUITE,LITTLE TOWN. I HOPE WE CAN MAKE CHULA VISTA “SAFE” FOR ALL OF US AND NOT GROW ANY FASTER WHERE WE CAN’T PROVIDE THIS EXTREMELY IMPORTANT ISSUE FOR “ALL” DISTRICT 4 269 DISTRICT 4 270 DISTRICT 4 271 John R.Volland Chula Vista, CA 91911 I’m asking to be appointed to the Measure A- Citizen’s Oversight Committee. I have the experience of being a Chula Vista citizen (29 years) and business owner (45 years) as well as working for/with federal, state and local government agencies. With an understanding that both must function in unison to keep our Citizens and Country happy. If one is out of synch then it’s the Committee’s job to constitute a solution. EXPERIENCE U.S. GOVERNMENT CIVIL SECTOR 2016 – Present Senior Volunteer, Chula Vista Police 1984 – 1986 U.S. Marines Civil Engineering Department/ Camp Pendleton, Oceanside, CA 1982 – 1984 Solano County Monitor and Evaluation Committee Chairman, Private Industry Council. Appointed by the Governor, Duke Magen. A feat spearheaded by the (M.E.) Committee and P.I.C.) was the Move of Marine Land of Northern California into Solano County which went on to become Six Flags Discovery Kingdom. 1975 – 1984 U.S. Air Force Civil Engineering Department/ Travis Air Force Base Fairfield, CA 1971 – 1975 U.S. Navy Ship & Dock Department/ Mare Island Vallejo, CA / Concord Naval Weapon Station. Concord, CA REAL ESTATE INVESTMENTS, JVOLLAND ENTERPRISES 1973 – Present Investing and Income producing properties in California. ASSISTANT to the PRESIDENT & VICE PRESIDENT, Waukesha Foods Later to be known as Waukesha the Food Service Source) 1986-2001 While working for the family business my priority task was advisor to the President & Vice President with emphasis on growth, stability, and wellbeing. I was one of the coordinators for events, especially our regional food shows. I also attended many national and international food expos. After many long years of hard work we sold the business to U.S. Foods. ACTIVITIES 25 years as a field representative in charge of six precincts during elections, Presidential and State President of two different home Owner Associations in La Jolla, CA and San Diego, CA. Serving 4 consecutive terms Supporting Schools where my son and now his brother are going DISTRICT 4 272 2 EDUCATION 1978 AA Business: Real Estate, Los Medanos College School only gets you so far, its real life experience that helps you become successful 1995 University of Wisconsin SKILLS Charismatic, Honest, Business-Smart, Experienced, Solutionist, and Enduring Never willing to give up Always looking for the honest moral solution A non-biased problem solver DISTRICT 4 273 Designated Member Nominees 274 ChristineFlorez From:Webmaster Sent:Monday, September 03, 20189:11AM To:CityClerk; Adrianna Hernandez Subject:CityofChula Vista: Citizens' Oversight CommitteeApplication - Webform Anewentrytoaform/survey hasbeensubmitted. FormName: MeasureACitizens' OversightCommitteeApplication Date & Time: 09/03/20189:11AM Response #: 27 Submitter ID: 50582 IPaddress: 172.24.96.110 Timetocomplete: 29min. , 26sec. Survey Details Page1 Applicationformembership ontheMeasure ACitizens' Oversight Committee 1. Prefix Dr. 2. Firstand LastName Raymundo Alatorre 3. E-mail 4. HomeAddress 5. City Chula Vista 6. ZIPcode 91910 7. PrimaryPhone 8. Secondary Phone Notanswered 1 Growth Management Oversight Commission Nominee 275 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 20 + 12. Presentemployer FrostMedicalPharmacy 13. Occupation Pharmacist 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? Yes 15. Whichone(s)? GrowthManagementOversightCommittee 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? Yes 19. Whichones? AmericanRedCross 20. CertainseatsontheCitizens' OversightCommitteerequirenominationbyspecificNominatingAuthorities. Ifyouare applyingforoneoftheseseats, pleaseselectyourNominatingAuthoritybelow; otherwise, select "none": GrowthManagementOversightCommission 21. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? (250wordsorless) AreasofCitygovernmentinterestinclude revitalization/redevelopment, recruitmentandretentionofemergencyservice personnel, qualityandavailability ofcityservices, andproperservicesavailabletotheneedy. WiththecreationofMeasureP cametheMeasurePOversightCommitteeinwhichoneoftheGrowthManagementOversightCommittee (GMOC) member's wasselected, andthusrelayedkeyinformationbacktoGMOCcommissioners. WithfouryearsofexperiencewithGMOC, I haveanadvantageinassessingtheseareasandhowtoproceed. Through GMOC, Ihaveinteractedwithcitystaffandheadsof departments, gone ontoursofthecity, andhelpformulateideastohelpthecitycomeundercomplianceforthreshold standardsdevelopedforthepeopleofChulaVistatomaintainahigherqualityoflife. Havingmonthlymeetingsonanarrayof topicshelpedmebetterunderstandtheprocessofprioritizingfundsandresourcestodirectedthemtotheareasmostin need. Withlimitedfinances, thishasalwaysbeenanareaofdebate. NowwiththecreationofMeasureA, hopefullyanewera intherevitalization/redevelopment ofthecityisuponus. Furthermore, 10yearsofPharmacyManagementgives me 2 Growth Management Oversight Commission Nominee 276 experienceinworkingwithpeopleofallages, races, cultures, andfinancialsituations (ex. homeless). Properlyhandlingof daily, weekly, andmonthlyexpenses (sometimestotalinginhundredsofthousandsmonthly) alsogives meexperiencein prioritizing expenses. 22. Whatwould you hopetoaccomplish intheroleofaMemberoftheCitizens' OversightCommittee? (250wordsorless) Asamember oftheCitizens' OversightCommittee, Iwouldliketoquestionandchallengetherationalebehind cityallocation offunds. Thisdesiretoaccomplish thesetaskscomesfrommyownquestioningoffundsallocatedforMeasureP. Itisnotjust thedollarvalueinquestionbutthequalityofworkbeingperformedonsomeoftheseprojectsthathavealreadyraisedsome eyebrows. Let’smaintainahigherstandardindealingwiththetaxpayers’ money, fortheyalreadysawtwotaxincreasesinthe last2-3years. AsamemberoftheGMOC, Iamplaced inauniquesituationtobetterservetheCityofChulaVistaandits peoplethroughmyinvolvement invarioustopics. Hopefully, Icanhelpaccomplishsome tasksthathavebeensittingonthe backburnerforyears, likethefundingandcreationoftheRanchDelRayLibrary (Hall?), improvingourParksandRecreational areas, andsettingupaviablesolutiontoourcitypensionproblems. 23. Iunderstand thattobeconsidered, Imustsubmitaresumealongwiththisapplication. raycvcv.docx 24. IamfamiliarwiththeresponsibilitiesoftheCitizens' OversightCommittee. Ideclareunderpenaltyofperjuryunderthe lawsoftheStateofCaliforniathattheinformationIhaveprovidedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 Growth Management Oversight Commission Nominee 277 Dr. Raymundo Alatorre Jr. PharmD. , Chula Vista, CA 91910 NPI Number Available Education Pharmacy Doctorate 2000-2004 Roseman University of Health Sciences B.S. in Biological Sciences University of California, Irvine 1992-1996 Bilingual Employment Frost Medical Pharmacy/Medical Center Pharmacy #5 San Diego, California—Staff Pharmacist/Pharmacy Manager Served as pharmacy manager during buy out. Specialized in kidney transplant medication Compounding medications for specific patients Perform Medication Management Therapy Medical Center Pharmacy #2 Chula Vista, California—Pharmacy Manager Supervise daily activities including: Preparing and dispensing patient medication Counseling patient on medication us Offering Medication Therapy Management Contacting Doctor offices for patient medication Offering delivery and mail services Utilize PC to enter and retrieve patient data 2016 - present 2008-2016 Staff Pharmacist Rite Aid Pharmacy San Diego, California Prepared and dispensed patient medication Counseled patient on medication use Contact Doctor offices for patient medication Utilize PC to enter and retrieve patient data Staff and Overnight Pharmacist CVS Pharmacy/Sav•on Drugs (merger in 2006) 2005-2007 San Diego and Chula Vista, California 2007-2008 Certifications First Aid & CPR certified from American Red Cross Diabetes Care Certification through American Pharmacist Association (APhA) 2013 Medication Therapy Management Certification through APhA 2013 Immunization therapy through APhA 2004 Growth Management Oversight Commission Nominee 278 Activities California Pharmacist Association 2016, 2017 Growth Management Oversight Commissioner, Chula Vista, CA 2014--present Adelante Youth Conference Speaker on Profession of Pharmacy 2012--2014 Phi Delta Chi—Beta Upsilon Worthy Vice Counselor 2002-2003 References Available Upon Request Growth Management Oversight Commission Nominee 279 b Nomination due-1 Atigust 23, I 19 Nomination of Designated Members of the C11Y OF Measure A Citizens' Oversight Committee ("COC") CHULA VISTA The following information is submitted by the Nominating Authority to nominate one or more individuals to be considered to serve as a Designated Member on the COC, in accordance with CVMC chapter 2.63. Qualifications Applicable to All COC Membersh Must be qualified electors, (City residents who are qualified and registered to vote in the City). Must NOT be a current City employee or current elected City official. NOMINATING AUTHORITY: Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an active member of this association Chula Vista Police Officers Association (POA); nominees) must be an active member of this association Growth Management Oversight Commission; nominee(s) must befrom this commission Association of Chula Vista Employees (ACE); Chula Vista Fire Chief nominee(s) must bean active member of this association Chula Vista Police Chief DESIGNATED MEMBER NOMINEE(S): Up to three nominees may be submitted. Please attach contact information for each Nominee. (See, CVMC Chapter 2.63 for additional information.) CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nominating Authority 1 represent, and that I am authorized to submit them for consideration. Signature: Date: Phone Number: Printed Name:l iwt er V VLc IO r .56f-Email:/ Position with Nominating Authority: &"_ / U L 5'1-K Cf /l l 5LA Auer completing this form, please return to the City Clerk in person, by mail, or by email at citvclerk(@chulavistaca.gov. CVMC 2,63.050(B) Office of the City Clerk 1 276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691- 50411 cityclerk(@chulavistaca gov Nominee's First and Last Name Nominee's Email Address Nominee's Phone Number 1. K tvvu dr: AIa'to rr,-- 2. CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nominating Authority 1 represent, and that I am authorized to submit them for consideration. Signature: Date: Phone Number: Printed Name:l iwt er V VLc IO r .56f-Email:/ Position with Nominating Authority: &"_ / U L 5'1-K Cf /l l 5LA Auer completing this form, please return to the City Clerk in person, by mail, or by email at citvclerk(@chulavistaca.gov. CVMC 2,63.050(B) Office of the City Clerk 1 276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691- 50411 cityclerk(@chulavistaca gov Growth Management Oversight Commission Nominee 280 Manage Survey Statistics - Text Report https://www.chulavistaca. gov/Admin/Components/Form/Statistics/Te... Submitter DB ID 50647 IP Address 172.24.96.no Submission Recorded On 09/ 05/20189:51 AM Time to Take the Survey 9 minutes, 45 secs. Page 1 Application for membership on the Measure A Citizens' Oversight Committee 1. Prefix Dr. 2. First and Last Name Jose F Escobedo 3. E-mail 4. Home Address 5. City Chula Vista 6. 21P code 91915 7. Primary Phone 8. Secondary Phone Not answered 9. Are you registered to vote in Chula Vista? Yes 1o. Do you live within the City limits of Chula Vista? Yes 11. How Long? i year 12. Present employer Chula Vista Elementary 13. Occupation Superintendnet 14. Are you currently serving on a Chula Vista Board/Commission? No 15. Which one(s)? Not answered 1 of 2 9/5/2018 10:55 AM Chamber of Commerce Nominee 281 Manage Survey Statistics - Text Report https://www. chulavistaca,gov/Admin/Components/Fonn/Statistics/Te... 16. Have you previously served on a Chula Vista Board/Commission? No 19. Which ones? Not answered 18. Are you or have you been involved in any local, civic or community groups? Yes 19. Which ones? Chula Vista Chamber, Chula Vista Police Foundation Board, Chula Vista Rotary, and South Bay YMCA 20. Certain seats on the Citizens' Oversight Committee require nomination by specific Nominating Authorities. Ifyou are applying for one of these seats, please select your Nominating Authority below; otherwise, select "none": Chula Vista Chamber of Commerce 21. What are your principal areas of interest in our City government, and what experience or special knowledge can you bring to those areas? (z5o words or less) I oversee a 250 + million dollar budget and web versed with developer plans throughout the Chula Vista Region. I have been in education the better part Of 28 years and currently serve as the Chula Vista Elementary School District Superintendent. My experience includes working as Assistant Superintendent for Educational Leadership in the South Bay Union School District, Principal Research Analyst for the American Institutes for Research, and California Regional Vice -President of Achievement/Operations for Edison Schools. Since 2oo1, I have been an adjunct professor of Educational Administration at San Diego State University and a current member of the doctoral faculty. I earned my undergraduate degree from Yale University, M.A degree from San Diego State University, and Ed.D. from the University of California, San Diego. 22. What would you hope to accomplish in the role of a Member of the Citizens' Oversight Committee? (250 words or less) I hope to assist the city in malting prudent fiscal decisions and offer any advice, as deemed necessary. 23. I understand thatto be considered, I most submit a resume along with this application. E5cobedoresume2019 doc 24- I am familiar with the responsibilities of the Citizens' Oversight Committee. I declare under penalty of perjury under the laws of the State of California that the information I have provided is accurate and true. 2 of 2 9/5/2018 10:55 AM Chamber of Commerce Nominee 282 Jose Francisco Escobedo Chula Vista, CA 91915 EDUCATION Ed.D. in Educational Leadership; University of California, San Diego/San Diego State University, Doctorate Degree, 2008 Master of Arts in Educational Administration and California Administrative Credential; San Diego State University, San Diego, CA, 1995 Elementary Education, Multiple Subject, California Clear Credential; University of San Diego, California, San Diego, CA, 1989 Bachelor of Science; Yale University, New Haven, CT, 1985 EXPERIENCE Superintendent 2010-present Chula Vista Elementary School District Chula Vista, CA Serve as the executive officer of the Board of Education of Chula Vista and in charge for implementing the mission and goals of the largest elementary organization in the state of California and responsible for a $250 million budget. Oversee 5 dependent charter middle schools and 2 high schools and 2 independent charter elementary schools. Accomplishments Selected as one of 100 top superintendents to meet with President Obama as part of the White House ConnectEd initiative. Initiated a health initiative that has led to a dramatic decrease in student obesity trends. As a result, became the first district to receive the San Diego County Live Well” certificate. Partnered with the San Diego Youth Symphony and Conservatory to initiate the Community Opus Project, which was the beginning in bringing music education back into classrooms. These efforts resulted in the District’s recognition as a 2015 Yale Distinguished Music Educator Award. Assistant Superintendent, Educational Leadership 2006- 2010 South Bay Union School District Imperial Beach, CA Supervise principals of thirteen elementary schools, serving over 8,200 students, 44.2% of whom are English language learners and 66.8% are eligible for free/reduced lunch. Direct student achievement, curriculum and instruction department, leadership development, pupil personnel, and special education. Accomplishments Chamber of Commerce Nominee 283 Jose Francisco Escobedo Page 2 Converted a traditional elementary school to a K-8 charter school. Developed and implemented a new leadership development program for administrators with less than three years of experience. Assisted in moving several district schools out of program improvement. Restructured the district’s Education Service and Student Service Departments. Led the effort of implementing performance based budgeting as a means to constructively enhance the organization’s overall efficiencies. Principal Research Analyst 2007- 2009 American Institute of Research San Diego, CA Research the effectiveness of small high schools established in four comprehensive high schools in San Diego City Schools. Accomplishments Developed and implemented a socio-emotional survey to calibrate student’s college readiness. Completed the Gates’ annual report analyzing multidimensional student achievement four-year trend data. California Regional Vice-President of Achievement/Operations 2003 – 2006 Edison Schools San Diego, CA Managed regional and national student achievement, financial management, leadership, and relationship management for the largest, for-profit education management company in the nation. Accomplishments Implemented leadership development programs. Collaborated with national, regional and site level coaches to ensure that all teachers received training and support in all instructional areas. Oversaw a $30 million budget using a student based performance model. Served as a member of the Alliance Schools Diagnosis Committee. Led site visits to schools identified by Edison; analyzed academic models and recommended methods of improvement. Collaborated with the national committee to develop curriculum to effectively train principals in delivering the Edison model. Trained all national principals in the areas of supervision and evaluation. Adjunct Professor, San Diego State University 2001– present San Diego, CA Chamber of Commerce Nominee 284 Jose Francisco Escobedo Page 3 I serve on the doctoral faculty and teach future administrators how to develop, lead and communicate a vision necessary to enhance student achievement. The program attracts traditional and charter leaders. PRESENTATIONS Panelist - Legislative Town Hall Hearing,” African American Educator Conference, March 2017. Sally Ride Science STEAM Series<” UCTV, February 2017. Negotiations and LCAP Implications,” ACSA Negotiators Conference, January 2017. CA Arts Ed. Data Project; A New Tool to Guide Education Equity,” California School Board Association, December 2016. Hitting the Right Note to Close the Achievement Gap,” California School Board Association, December 2016. The Chula Vista Journey,” CALSA, November 2016. Power of Dual Immersion,” Symposium of Multi-Literacy and Dual Immersion, Washington DC, December 2016. VAPA in Education,” Unity Conference, September 2016. Bi-National Education Efforts,” Baja Secretary of Education, August 2016. AB 491,” Key Witness at Senate Hearing in Sacramento, June 2016 21st Century Learner,” Opal Summits, February 2016. Reversing Obesity Trends,” California School Board Association, December 2015. Equity and Excellence,” University Council for Educational Administration, November, 2015. Technology as a Tool for Learning and Language Acquisition for U.S. Latino Families,” U.S. Department of Defense, October 2015. Brain Trust,” University of San Diego, January 2015. CVESD’s Health Initiative,” California School Board Association, December, 2014 Rigorous Lesson Design,” Hawaii’s Instructional Leadership Conference, October, 2009. The Implications of NCLB for a Board of Education Student-Based Student-Centered Decision-Making Policy in an Elementary District,” AERA Conference, April, 2009 . Coaching New Leaders,” Curriculum and Instruction Leadership Symposium, Asilomar, February, 2009. Determining One’s Relationship to System Mission, Vision, Beliefs, Goals, and Initiatives,” New Administrator Leadership Program, Presented to Leadership Team, August 2007. Advanced Benchmark Analysis,” East Palo Alto Leadership Retreat, Presented to Charter Leadership team, August 2006. Teacher and Student Efficacy,” Hawaii Leadership Conference, Presented to Elementary and High School Principals, July 2006. Using Data to Achieve Student Goals,” New Venture Group, Presented to Elementary and High School Leadership Teams, May 2006. Chamber of Commerce Nominee 285 Jose Francisco Escobedo Page 4 Supervision and Evaluation,” Charleston County of Education, Presented to High School Assistant Principals, Charleston, SC., April 2006 Good to Great,” Presented to CA Regional Principal’s Meeting, San Francisco, CA, January, 2006 What Can Diagnostics Offer,” Presented to superintendents during the Educational and Research Development Institute, San Diego, CA, February, 2006 How to Embed Literacy Skill Throughout Content Areas,” Edison Achievement Academy, Phoenix, Arizona, November 2005 Benchmark Assessment System,” Hawaii School District, Presented to Middle and High School Teachers, Oahu, Hawaii, September, 2005 Principal Standard Matrix,” Presented to South Bay County Superintendents and Board Members, Chula Vista, CA, April, 2005 Comprehensive School Reform,” CUBE Conference, Presented to National School Board Members, Chula Vista CA, April, 2005 Working with Mediocre Teachers,” Edison Leadership Institute, Tucson, Arizona, November, 2005 Linking Data and Instruction,” Achievement Regional Meeting, Tucson, Arizona, November, 2005 HONORS AND AWARDS California State Assembly’s 80th District Latino Leader Award, 2016 South County Economic Development Council “Pioneer Award,” 2016 Yale Distinguish Music Partnership Award, 2015 California State of Equalization Excellence in Educational Leadership Award 2015 2 X Golden Bell Award Winner (CSBA) 2015 Multiple Pathways to Biliteracy District Award (CABE) 2015 Recipient of the Rindone Educator of the Year Award 2013, 2014, 2016 State Of California Senate, Pete Taylor Partnership of Excellence Award, 2014 Edison 4-Star Principal (student achievement), 2001-2005 Edison 4-Star Principal (financial management), 2003 Mentor Principal for San Diego County of Education, 2001 District Technology Teacher of the Year, 1991 Chamber of Commerce Nominee 286 Nomination of Designated Members of the CITY OF Measure A Citizens' Oversight Committee ("COC") CHULA VISTA The following information is submitted by the Nominating Authority to nominate one or more individuals to be considered to serve as a Designated Member on the COC, in accordance with CVMC chapter 2.63. Qualifications Applicable to All COC Members': Must be qualified electors, (City residents who are qualified and registered to vote in the City). Must NOT be a current City employee or current elected City official. NOMIN ING AUTHORITY: Chula Vista Chamber of Commerce; nominee(s) Chula Vista Police Officers Association (POA); must be a member of the Chamber nominee(s) must be an active member of this Chula Vista International Association of Fire association Fighters (IAFF); nominees) must be an active member of this association Association of Chula Vista Employees (ACE); nominee(s) must be an active member of this association Chula Vista Police Chief Growth Management Oversight Commission; nominees) must be from this commission Chula Vista Fire Chief DESIGNATED MEMBER NOMINEE(S): Up to three nominees may be submitted. Please attach contact information for each Nominee. (See, CVMC Chapter 2.63 for additional information.) CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures o the Nominating Authority I represent, and that I am authorized to submit them for considerat' 1 Signatur : Date: p 3 L V Phone Numb (] • Printed Name: ` 1)rm. W-ke Email: Position with Nominating Authority: l ,6 _ V , C hc4-"k 6-4-r T After completing this form, please return to the City Clerk in person, by mail, or by email at ci clerk a,chulavistaca.gov. CVMC 2.63.050(B) Office of the City Clerk 1 276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691-50411 cityclerk@chulavistaca.gov Nominee's First and Last Name Nominee's Email Address Nominee's Phone Number r . f ruSC CO a1 2. 3. CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures o the Nominating Authority I represent, and that I am authorized to submit them for conside 1 Signatur : Date: p 3 L V Phone Numb ( Printed Name: ` 1)rm. W-ke Email: Position with Nominating Authority: l ,6 _ V , C hc4-"k 6-4-r T After completing this form, please return to the City Clerk in person, by mail, or by email at ci clerk a,chulavistaca. gov. CVMC 2.63.050(B) Office of the City Clerk 1 276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691-50411 cityclerk@chulavistaca.gov Chamber of Commerce Nominee 287 ChristineFlorez From:Webmaster Sent:Thursday, August23, 20189:22AM To:CityClerk; Adrianna Hernandez Subject:CityofChulaVista: Citizens' Oversight CommitteeApplication - Webform Anewentrytoaform/survey hasbeensubmitted. FormName: MeasureACitizens' OversightCommitteeApplication Date & Time: 08/23/20189:22AM Response #: 14 Submitter ID: 50222 IPaddress: 172.24.96.110 Timetocomplete: 36min. , 3 sec. Survey Details Page1 Applicationformembership ontheMeasure ACitizens' OversightCommittee 1. Prefix Mr. 2. Firstand LastName GaryFicacci 3. E-mail 4. HomeAddress 5. City Chula VIsta 6. ZIPcode 91915 7. PrimaryPhone 8. Secondary Phone 1 Police Chief Nominee 288 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 30years 12. Presentemployer EliteAthleteServices (CVEliteAthleteTrainingCenter) 13. Occupation Security Director 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. Haveyoupreviouslyserved onaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. Areyouorhaveyou beeninvolvedinanylocal, civicorcommunitygroups? Yes 19. Whichones? ChulaVistaPolice ActivitiesLeague, ChulaVistaElks 20. CertainseatsontheCitizens' OversightCommitteerequirenominationbyspecificNominatingAuthorities. Ifyouare applyingforoneoftheseseats, pleaseselectyourNominatingAuthoritybelow; otherwise, select "none": ChulaVistaPoliceChief 21. What areyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? (250wordsorless) IamaChula Vistanative andcurrentresidentwhohasworkedinthecityfornearlyallofmyadultlife. Icaredeeplyaboutthe futureofmyhometownthatIbelieveisamongthebestplacestoliveonthisplanet. AsaformerCVPDpolicecaptain, my experienceworkingwithcityelectedandappointedofficialsprovides meinsightthatfewcanmatch. 22. WhatwouldyouhopetoaccomplishintheroleofaMemberoftheCitizens' OversightCommittee? (250wordsorless) Mygoalistoprovidetheoversightcommitteeauniqueandvaluableperspectiveasaformerpublicsafetyseniormanager, life-longresidentandcurrentconsumerofpublicsafetyresources. Iamconfidentthatmycontributions willassistcommittee membersinaccomplishingtheirMeasureAmissionofreviewingandreportingonthecity'sproposedexpenditureplans, financialreportsandaudits. 2 Police Chief Nominee 289 23. Iunderstand thattobeconsidered, Imustsubmitaresumealongwiththisapplication. GaryFicacciResume2018.pdf 24. IamfamiliarwiththeresponsibilitiesoftheCitizens' OversightCommittee. Ideclareunderpenaltyofperjuryunderthe lawsoftheStateofCaliforniathattheinformationIhaveprovidedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 Police Chief Nominee 290 GARY L. FICACCI Chula Vista, CA 91915 Summary of Qualifications Responsible for system-wide security department tasked with corporate investigations, physical plant security, risk management, strategic assessment and planning. Experienced in the administration of the entire range of private and public safety programs, responsibly using corporate funds, federal/state grant funds and local tax dollars through detailed budget development, effective leadership and problem solving. Senior leader who is highly effective at communicating with community leaders, elected officials, executive leaders, business operators, consultants, vendors, union leaders, staff, and other private and public safety stakeholders. Technically skilled professional with 30 years of combined private security and law enforcement experience who is versatile, deadline driven and competent with demonstrated ability to perform under significant internal and external pressure. Key Accomplishments Implemented key improvements for security access system, resulting in the deactivation of over 13,000 unauthorized cards. Directed and managed the Chula Vista Police Department’s implementation of a network-based records management system. Directed and coordinated a Police Department-wide staffing study and directed implementation of recommendations. Former Acting Chief of Police and second-in-command of a Department with over 300 civilian and sworn employees. Relevant Experience CHULA VISTA ELITE ATHLETE TRAINING CENTER, Chula Vista, CA November 2017 to Present Director, Security Operations, Senior Manager SHARP HEALTHCARE, San Diego, CA January 2015 to November 2017 System Director of Security and Parking, Senior Manager CITY OF CHULA VISTA, Chula Vista, CA 1989 to 2014 Police Captain, Patrol Operations Commander and Investigations Division Commander September 2010 to December 2014 Police Lieutenant, Investigations Division Manager, Patrol Team Manager, SWAT Commander January 2004 to September 2010 Peace Officer/Agent/Sergeant, Various assignments in Patrol, Investigations Divisions December 1989 to January 2004 Program Management and Leadership Lead and coordinate long range planning for security-based technology, loss prevention/detection/ investigation, security compliance laws and regulations and support of Human Resources Department through risk assessments, training and maintenance of employee identification data. Former Police Commander in charge of all Task Force staffing and programming for Chula Vista Police Department. Former Project Director/Manager of federal and state-funded grant programs to reduce domestic violence and to combat gang proliferation in schools. Former Fiscal Sub-Committee member of the Southwest Border High Intensity Drug Trafficking Area. Financial & Contracts Management Responsible for system-wide budget development and implementation for staffing expenses, operating capital and strategic spending. Former member of city management team responsible for negotiating labor contract with peace officers. Coordinate and prepare comprehensive annual reports for internal and external stakeholders. Critical Incident and Crisis Management Member of system wide Hospital Incident Command and former City of Chula Vista Emergency Operations Center Operations Chief experienced with Standardized Emergency Management System and Incident Command System responses . Former Homicide Unit Commander, Manager, Supervisor and Investigator with experience managing high-profile criminal investigations and officer-involved shootings. Former Special Weapons and Tactics Team (SWAT) Commander, 2004-2009. FBI Secret Clearance, 2006-2014. Police Chief Nominee 291 GARY L. FICACCI Relevant Education and Training National Counter-Terrorism Seminar, Tel Aviv, Israel 2012 Federal Bureau of Investigation National Academy, Quantico, VA 2011 West Point Leadership Program, Los Angeles Police Department, Los Angeles, CA 2006 San Diego State University, San Diego, CA Bachelor of Arts-Psychology 1986 Recognition Virgil Seiveno Memorial Award (Department award for continuous dedication to the Department and Public) 2014 Commanding Officer Citation (Chula Vista Police Department Team Policing Project) 2000 Memberships American Society for Industrial Security Member 2017 to Present International Association for Hospital Security and Safety (member and San Diego/ Imperial County Chapter Chair) 2015 to 2017 Infragard San Diego Member and Infrastructure Liaison Officer 2015 to Present Federal Bureau of Investigation National Academy Associates 2011 to Present California Narcotics Officers Association (Life Member) 1993 to Present Chula Vista Elks Lodge Member 2014 to Present Community Leadership Chula Vista Police Activities League Board of Directors 2015 to Present Chula Vista Veterans Advisory Commission City Staff Liaison 2010 to 2014 Chula Vista Police Department Teen Academy Instructor 2013 to 2014 Police Chief Nominee 292 Nomination of Designated Members of the CITY of Measure A Citizens' Oversight Committee ("COC") CHULA VISTA The following information is submitted by the Nominating Authority to nominate one or more individuals to be considered to serve as a Designated Member on the COC, in accordance with CVMC chapter 2.63. Qualifications Applicable to All COC Members': Must be qualified electors, (City residents who are qualified and registered to vote in the City). Must NOT be a current City employee or current elected City official. NOMINATING AUTHORITY: Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be on active member of this association Association of Chula Vista Employees (ACE); nominee(s) must be an active member of this association Chula Vista Police Chief Chula Vista Police Officers Association (POA); nominee(s) must be an active member of this association Growth Management Oversight Commission; nominee(s) must be from this commission Chula Vista Fire Chief DESIGNATED MEMBER NOMINEE(S): Up to three nominees may be submitted. Please attach contact information for each Nominee. (See, CVMC Chapter 2.63 for additional information.) CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nominating Authority I represent, and that I am authorized to submit them for consideration. Signature:/+ Dater 9 - ! 'F Phone Number: Number: ( Printed Name: f%2t S/ i/LC-F,\ E.maail: Position with Nominating Authority: CI pU After completing this form, please return to the City Clerk in person, by mail, or by email at cityclerk@chulavistaca gov. CWC 2.63 050(B) Office of the City Clerk 1 276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691-50411 cityclerk@(hulavistaca g9u Nominee's First and Last Name Nominee's Email Address Nominee's Phone Number 1. G/) AGC 2. 3. CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nominating Authority I represent, and that I am authorized to submit them for consideration. Signature:/+ Dater 9 - ! 'F Phone Number: Number: ( Printed Name: f%2t S/ i/LC-F,\ E.maail: Position with Nominating Authority: CI pU After completing this form, please return to the City Clerk in person, by mail, or by email at cityclerk@chulavistaca gov. CWC 2.63 050(B) Office of the City Clerk 1 276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691-50411 cityclerk@(hulavistaca g9u Police Chief Nominee 293 ChristineFlorez From:Webmaster Sent:Thursday, August30, 20183:26PM To:CityClerk; Adrianna Hernandez Subject:CityofChulaVista: Citizens' Oversight CommitteeApplication - Webform Anewentrytoaform/survey hasbeensubmitted. FormName: MeasureACitizens' OversightCommitteeApplication Date & Time: 08/30/20183:26PM Response #: 24 Submitter ID: 50481 IPaddress: 172.24.96.110 Timetocomplete: 8min. , 3 sec. Survey Details Page1 Applicationformembership ontheMeasure ACitizens' Oversight Committee 1. Prefix Mr. 2. Firstand LastName Manolo Guillen 3. E-mail 4. HomeAddress 5. City chula vista 6. ZIPcode 91910 7. PrimaryPhone 8. Secondary Phone Notanswered 1 Fire Chief Nominee 294 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 15yearsplus 12. Presentemployer InstituteforPublicStrategies 13. Occupation ProgramManager/PolicyStrategist 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? Yes 19. Whichones? BonitaAllianceandChulaVistaLive! 20. CertainseatsontheCitizens' OversightCommitteerequirenominationbyspecificNominatingAuthorities. Ifyouare applyingforoneoftheseseats, pleaseselectyourNominatingAuthoritybelow; otherwise, select "none": ChulaVistaFireChief 21. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? (250wordsorless) Iaminterestedinzoning, planningandlanduse, policepowers typesofpolicies. Iamalsointerestedincommunity revitalizationandredevelopmentwork. Iamastrongsupporterofimprovingpublicsafetyandpublichealth. 22. WhatwouldyouhopetoaccomplishintheroleofaMemberoftheCitizens' OversightCommittee? (250wordsorless) Iwishtoservemycityandgivebacktoacommunitythathasgivensomuchtomeandmyfamily. 23. Iunderstand thattobeconsidered, Imustsubmitaresumealongwiththisapplication. 2 Fire Chief Nominee 295 ManoloGuillen'sResume.pdf 24. IamfamiliarwiththeresponsibilitiesoftheCitizens' OversightCommittee. Ideclareunderpenaltyofperjuryunderthe lawsoftheStateofCaliforniathattheinformationIhaveprovidedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 Fire Chief Nominee 296 Manolo Guillen . Chula Vista, CA 91910 SUMMARY OF QUALIFICATIONS Strong leadership and management skills Strong media advocacy skills Exceptional planning and organizational skills Professional networking and public relations skills Strong group facilitation skills Ability to work with diverse cultures and communities Strong community organizing skills Strong background in Environmental Prevention/AOD Dynamic presenter, trainer and public speaker Skilled in strategic planning and campaign implementation Professional writing and editing skills Bilingual/Bicultural in English and Spanish Professional Work Experience Institute for Public Strategies, Program Manager / 2015 to present Work with communities and local governments to implement campaigns to advance policies that reduce alcohol and drug related harms. International Network of Hearts, Inc., Vice President / 2011-present (voluntary position) Provide leadership and oversight for an international coalition that prevents the human trafficking of youth in the U.S. and Mexico. Activities include media and public relations, community networking, advocacy, coordinating forums, group facilitation meetings and Fire Chief Nominee 297 binational conferences, working with volunteer groups, public speaking, presentations, training, strategic planning and implementing, public awareness campaigning, coalition building, fundraising and grant writing. Responsibilities also include coordinating a multi- disciplinary team to treat youth recovering from human trafficking. My work has led to cultural shifts and institutional policy changes in the U.S. and Mexico, including the founding of Casa del Jardin, the first group home for child survivors of human trafficking in Tijuana, Baja California, Mexico. Institute for Public Strategies, Copy Writer / 2012-2015 Responsibilities included writing and editing materials (including a company book) on Environmental Prevention and AOD, which encompassed developing an efficient systems change approach to aid community advocates addressing AOD prevention, youth advocacy, public health and safety, and human trafficking. The topics covered included how to execute a successful Environmental Prevention campaign, strategic planning and community organizing, media advocacy, applied data and research, policy development, and how to enforce policies. Responsibilities alsoincluded grant writing and editing talking points, briefings, press releases and media advisories on AOD . Institute for Public Strategies, Program Manager / 2009-2012 Led a multi-sector community task force to combat the human trafficking of youth in San Diego County. Responsibilities included media advocacy, strategic planning and implementing, community organizing, youth and community advocacy, data collection and youth surveying, public relations, facilitating youth forums and volunteer groups, networking, writing and editing (i.e., issue briefings, media advisories, press releases, news stories and articles, and talking points on human trafficking and AOD). This work led to the founding of the San Diego County Advisory Council on Human Trafficking and the Commercial Sexual Exploitation of Youth; and a Countywide law enforcement protocol delivered to the San Diego County Police Chiefs' and Sheriff's Association to address youth sex trafficking in San Diego County; and the production and screening of a prevention education documentary for middle grade and high school students and parents on the sex trafficking of youth in San Diego. Fire Chief Nominee 298 San Diego Youth Services, Inc., Director / 2005-2008 Founded and led a community coalition called the ACTION Network (now known as the International Network of Hearts, Inc.), which addresses the human trafficking of youth in San Diego and southern Mexico. Responsibilities included coalition building, media and public relations, community organizing, facilitating youth forums and community groups, coordinating volunteer youth groups, training , public speaking, networking, youth advocacy, fundraising and grant writing. One of my hallmarks was co -founding STARS, a counseling program in San Diego designed for youth recovering from commercial sexual exploitation. San Diego Youth Services, Inc. Program Manager / 1995 - 2005 Managed a day center and night shelter for homeless, runaway, missing and exploited youth in San Diego. Supervised a staff of case managers, youth outreach workers, residential counselors, social workers, youth/peer health educators, interns and volunteers. Managed human trafficking and sexual exploitation cases involving youth, served as liaison to the media, local and federal police, D.A.s' Office, U.S. Attorney's Office, Child Welfare Services, Probation Department, Juvenile Court and many schools and community based organizations, as well as to governmental and non-governmental institutions in Mexico that serve youth. Education Southwestern College, CA / 1991-1993 Major: English National University, CA / 1994-1996 Major: Psychology Minor: Addictive Behavioral Disorders Languages Bilingual/Bicultural in English and Spanish (fluent) Fire Chief Nominee 299 Publications Guillen, Manolo, Adolfo Gonzales, and Eric Collins. “A Multidisciplinary Approach is the Key to Combating Child Sex Trafficking." The Police Chief Oct. 2011: 26-36. Guillen, Manolo (March 5, 2006). “Trafficking in Children.” The San Diego Independent Media Center. Indoctrinated: the Grooming of our Children into Prostitution, Dir. Manolo Guillen. Prod. Jim Ellis, 2009. Film. Computer and Social Media Skills Microsoft Office Word Microsoft Office Excel Facebook, Twitter, Google Plus, etc. Microsoft Office Outlook Microsoft Office Power Point Microsoft Office Publisher References Provided upon request Fire Chief Nominee 300 Nomination of Designated Members of the CH CITY VISTA Measure A Citizens' Oversight Committee ("COC") The following information is submitted by the Nominating Authority to nominate one or more individuals to be considered to serve as a Designated Member on the COC, in accordance with CVMC chapter 2.63. Qualifications Applicable to All COC Members': Must be qualified electors, (City residents who are qualified and registered to vote in the City). Must NOT be a current City employee or current elected City official. NOMINATING AUTHORITY: Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an active member of this association Association of Chula Vista Employees (ACE); nominee(s) must be an active member of this association Chula Vista Police Chief Chula Vista Police Officers Association (POA); nominee(s) must bean active member of this association Growth Management Oversight Commission; nominee(s) must be from this commission 12 Chula Vista Fire Chief DESIGNATED MEMBER NOMINEE(S): Up to three nominees may be submitted. Please attach contact information for each Nominee. (See, CVMC Chapter 2.63 for additional information.) CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nominating Authority I represent, and that I am authorized to submit them for consideration. Signature: Date: / 3 Phone Number: Printed Name: UtYl'l rC (FR///V (-7 Email: Position with Nominating Authority: I"i p -t CF.i t Et% After completing this form, please return to the City Clerk in person, by mail, or by email at cityclerk@chulavistaca.gov. CVMC 2. 63.050(B) Office of the City Clerk 1276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691-50411 cityclerk0chulavistaca.gov Nominee's First and Last Name Nominee's Email Address Nominee's Phone Number 1. Manolo Guillen 2. 3. CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nominating Authority I represent, and that I am authorized to submit them for consideration. Signature: Date: / 3 Phone Number: Printed Name: UtYl'l rC (FR///V (-7 Email: Position with Nominating Authority: I"i p -t CF.i t Et% After completing this form, please return to the City Clerk in person, by mail, or by email at cityclerk@chulavistaca.gov. CVMC 2. 63.050(B) Office of the City Clerk 1276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691-50411 cityclerk0chulavistaca.gov Fire Chief Nominee 301 ChristineFlorez From:Webmaster Sent:Tuesday, September04, 201811:00AM To:CityClerk; Adrianna Hernandez Subject:CityofChulaVista: Citizens' Oversight CommitteeApplication - Webform Anewentrytoaform/surveyhasbeensubmitted. FormName: MeasureACitizens' OversightCommitteeApplication Date & Time: 09/04/201811:00AM Response #: 29 Submitter ID: 50611 IPaddress: 172.24.96.110 Timetocomplete: 3 min. , 52sec. Survey Details Page1 Applicationformembership ontheMeasure ACitizens' OversightCommittee 1. Prefix Mrs. 2. Firstand LastName NicoleHobson 3. E-mail 4. HomeAddress 5. City Chula Vista 6. ZIPcode 91914 7. PrimaryPhone 8. Secondary Phone 1 Association of Chula Vista Employees Nominee 302 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 37years 12. Presentemployer CityofChulaVistaPolice Dept. 13. Occupation CommunityServiceOfficer 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? Yes 15. Whichone(s)? AssociationofChulaVistaEmployees 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? Yes 17. Whichones? ChulaVistaEmployeesAssociation/SEIULocal221andPublicSafetyCommittee 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? No 19. Whichones? Notanswered 20. CertainseatsontheCitizens' OversightCommitteerequirenominationbyspecificNominatingAuthorities. Ifyouare applyingforoneoftheseseats, pleaseselectyourNominatingAuthoritybelow; otherwise, select "none": Associationof ChulaVistaEmployees (ACE) 21. What areyourprincipal areasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? (250wordsorless) Asoneofthelaborleaders with ACE, ourboardandIcurrentlyworktogetherwithCitymanagementandCitygovernmentto advocateonbehalfofouremployees forsafeandhealthyworkenvironments, toprotecttheirrights, andtoactasan intermediarybetweenemployees andmanagementregardingallmattersofemployment. MeasureAfundswillfundvarious positionswithintheACEbargaininggroup. Byfosteringapositiveworkingrelationshipwithcityofficials, ouremployees arein thepositiontobetterserveourcommunity. MeasureA, ifmanagedappropriately, willenhancethequalityoflifeforbothcity employeesandmoreimportantly cityresidents. 22. WhatwouldyouhopetoaccomplishintheroleofaMemberoftheCitizens' OversightCommittee? (250wordsorless) Ihopetoenhancethequalityoflifeforbothcityemployees andcityresidentsbydoingourduediligenceascommittee membersinresearchingtheareastoensureMeasureAfundsarespentappropriately. 2 Association of Chula Vista Employees Nominee 303 23. Iunderstand thattobeconsidered, Imustsubmitaresumealongwiththisapplication. Nicole_Resume_2018_OCCFinal.pdf 24. IamfamiliarwiththeresponsibilitiesoftheCitizens' OversightCommittee. Ideclareunderpenaltyofperjuryunderthe lawsoftheStateofCaliforniathattheinformationIhaveprovidedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 Association of Chula Vista Employees Nominee 304 CSO Nicole Hobson1 NICOLE HOBSON , CHULA VISTA CA 91914 ( Objective To obtain a position in the Measure A Oversite Committee representing the Association of Chula Vista Employees. This position would allow me the opportunity to assist in the managing of the Measure A funds that can enhance the quality of life for both city employees, and more importantly, City of Chula Vista residents. Professional Experience Association of Chula Vista Employees (ACE) May2017 – Present As the current President, my duties are to preside over the association meetings, be an ex-officio member of all committees. I enforce the association bylaws and preserve order and decorum during the meetings. I represent city employees in their employer- employee relations with the City of Chula Vista. We strive to improve wages, hours, working conditions and services rendered to the public. I foster cooperation, understanding, and unity among members. Chula Vista Employee Association Treasurer Jan. 2005- Jan. 2016 I received and took charge of all money and securities for the Association. I maintained strict accounting of all monies and securities for the Association. I maintained and createdmonthly accounting reports for each board meeting. Property Crimes Unit Community Service Officer Jun. 2013 - Present I manage a case load for criminal investigations. I utilize various confidential law enforcement databases. I specialize in fraud and forgery investigations but also investigate property theft related crimes. I review, oversee and investigate Adult Protective Services referrals for financial elder abuse crimes. I assist detectives in evidence collection for investigative follow ups and during executed search warrants. I also network and maintain relationships with other state, local, federal and private sector agencies/companies to assist with CVPD’s investigations. Patrol Division Community Service Officer Jan. 2013 – Jun. 2013 Dec. 2004 – Jun. 2009 Provided support to sworn police officers by relieving them of routine duties, so they are available for priority calls and created type-written crime reports. Responded to low priority calls for service for crime investigation, report writing/typing and evidence collection, assisted with traffic hazards by providing traffic control for minor injury, and major injury traffic collisions. Issued parking citations and impounded vehicles in violation of municipal codes and/or California Vehicle Codes. Traffic Division Parking Enforcement Officer Jun. 2009- Jan. 2013 Jun. 2001-Dec. 2004 Issued parking citations and impounded vehicles in violation of municipal codes and/or California Vehicle Codes. Assisted sworn officers in special events such as DUI check points, concerts, crowd control and traffic control. I operate police equipment and vehicles. Training and Certificates California Financial Crimes Investigators Association (CFCIA), Terrorism Liaison Officer, Elder Abuse Training for Law Enforcement, Identity Theft Investigations, ICI Real Estate Fraud Investigations, ICI Financial Crimes Association of Chula Vista Employees Nominee 305 Nomination of Designated Members of the CITY OF Measure A Citizens' Oversight Committee ("COC") CHULA VISTA The following information is submitted by the Nominating Authority to nominate one or more individuals to be considered to serve as a Designated Member on the CDC, in accordance with CVMC chapter 2.63. Qualifications Applicable to All COC Members': Must be qualified electors, (City residents who are qualified and registered to vote in the City). Must NOT be a current City employee or current elected City official, unless otherwise specified below. NOMINATING AUTHORITY: Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber Chula Vista International Association of Fire Fighters (IAFF); nominees) must be an active member of this association; nominee may be a City employee 0 Association of Chula Vista Employees (ACE); Chula Vista Police Officers Association (POA); nominee(s) must be an active member of this association; nominee may be a City employee Growth Management Oversight Commission; nominee(s) mustbe from this commissiin Chula Vista Fire Chief m m rD nominee(s) mustbe an active member ofthis c t association; nominee may, be a City employee vim Chula Vista Police Chief N 2. io 3. DESIGNATED MEMBERNOMINEE(S): rn Up to three nominees may be submitted. Please attach contact information for each Nominee. (SR, Ct 1C Chapter 2.63 for additional information.) CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nominating Authority I represent, and that I am authorized to submit them for consideration. ( y , / Signature: r^' C 7 f Date: 25 2Oo PhoneNumber. Printed Name: NII.VW D17Sf7 1 jt TEr' mail: nCt Position with Nominating Authority: I" w5IU[lJ 1 OF kc After completing this form, please return to the City Clerk in person, by mail, or by email at cityclerkCR4chulavistaca eov. CVMC 2.63.050lel Nominee's First and Last Name Nominee's Email Address Nominee's Phone Number NIGDV! Nv'0soH 2. 3. CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nominating Authority I represent, and that I am authorized to submit them for consideration. y , / Signature: r^' C 7 f Date: 25 2Oo PhoneNumber Printed Name: NII.VW D17Sf7 1 jt TEr' mail: nCt Position with Nominating Authority: I" w5IU[lJ 1 OF kc After completing this form, please return to the City Clerk in person, by mail, or by email at cityclerkCR4chulavistaca eov. CVMC 2.63.050lel Association of Chula Vista Employees Nominee 306 Manage Survey Statistics - Text Report https://www.chulavistaca.gov/Admin/Components/Form/Statistics/Te... Submitter DB ID 50623 IP Address 192.24.96.110 Submission Recorded On 09/04/2018 3:41 PM Time to Take the Survey 9 minutes, 35 secs. Page t Application for membership on the Measure A Citizens' Oversight Committee I. Prefix Ms. 2. First and Last Name Gloria. Juarez 3. E-mail 4. Home Address 5. City CHULA VISTA 6. ZIP code 91911 7. Primary Phone 8. Secondary Phone Not answered 9. Are you registered to vote in Chula Vista? Yes to. Do you live within the City limits of Chula Vista? Yes u. How Long? 36 years ta. Presentemployer unemployed 13. Occupation n/a 14. Are you currently serving on a Chula Vista Board/Commission? Yes 15. Which one(s)? Growth Management Oversight Commissio 1 of 2 9/5/2018 10:47 AM Growth Management Oversight Commission Nominee 307 Manage Survey Statistics - Text Report https: //www. chulavistaca.gov/Admin/Components/Form/Statisfcs/Te... 16. Have you previously served on a Chula Vista Board/Commission? Yes 17. Which ones? Growth Management Oversight Commissio 18. Are you or have you been involved in any local, civic or community groups? No 19. Which ones? Not answered 2o. Certain seats on the Citizens' Oversight Committee require nomination by specific Nominating Authorities. If you are applying for one of these seats, please select your Nominating Authority below; otherwise, select "none": None - I am a citizen applying for an at -large member seat 21. What are your principal areas of interest in our City government, and what experience or special knowledge can you bring to those areas? (25o words or less) I am applying to be the representative GMOC member on the Measure A Citizens' Oversight Committee. I hope that my experience serving on the GMOC will be useful on the Measure A Citizens' Oversight Committee. 22. What would you hope to accomplish in the role of a Member of the Citizens' Oversight Committee? (250 words or less) I hope to ease the minds of Chula Vista taxpayers by ensuring that the tax is used in the manner for which it was established and approved. 23. I understand that to be considered, I must submit a resume along with this application. My Resume all pages doc 24- I am familiar with the responsibilities of the Citizens' Oversight Committee. I declare under penalty of perjury under the laws of the State of California that the information I have provided is accurate and true. 2 of 2 9/5/2018 10:47 AM Growth Management Oversight Commission Nominee 308 GLORIA F. JUAREZ Chula Vista, CA, 91911 CAREER OBJECTIVE To obtain a position that will challenge me and allow me to use my education, experience, and various skills in a manner that is mutually beneficial to both the organization and myself. PROFESSIONAL EXPERIENCE TRANE 3565 Corporate Court, San Diego CA 92123, 858-576-2500, March 1998 – May 2017 Positions held: Service Project Administrator, Payroll, HR, Collections, Accounts Receiv able. Supervisor: Service manager, Tim Hill Maintained the service contracts: Reviewed submitted contract data, activated contracts, provided cost analysis when requested, ensured legal compliance of each contract, generated billings and work orders, appli ed costs, provided various reports as needed, and closed completed contracts. Oversaw and organized the deployment of new operational programs during Office Transformation in 2005 and again in 2014 for the Service Department. Processed payroll and held the position of Human Resources. Assisted the Controller with month-end journal entries. Perform invoicing, collections, credit card reconciliations for 23 employees. Process requests for Certificates of Insurance. Maintains fleet records and assists with fleet management. Prepare reports, spreadsheets, and other documents using word processing. Daily interactions with customers and vendors. Experienced with prevailing wage processes. Manages the records for waste management per EPA standards. Provide support to 20+ technicians, 5+ account managers, the service manager, and the office manager. Back up to the office manager. Back up to the Dispatchers. Organized departmental trainings. Participated in a corporate Six Sigma project to improve A/P processes. COMPUONE, 9888 Carroll Centre Rd., Ste. 201, San Diego, CA 92126 858-404-7000: June 1998 – August 2005 Positions held: Bookkeeper, Payroll, Accounts Receivable, Accounts Payable. Supervisor: Owner Ed Eftekhary Performed invoicing, accounts payable, payroll, and HR. Assisted CPA with month end reports. Prepare memos, and other documents using work processing. BYTE & FLOPPY COMPUTERS 7636 Clairemont Mesa Blvd, San Diego CA 92111 (closed business): May 1994 – March 1997 Positions held: Accounting clerk, Sales team administrative support. Supervisor: Owner Alex Jain. Assisted the accounting department with invoicing, issuing credit memos, and reconciliation of various accounts. Supported the Sales manager by performing various administrative tasks. IMPRINTED PRODUCTS 9737 Aero Drive, San Diego CA 92123 858-541-1100: February 1988 – June 1992 Positions held: Accounting Manager, Accounts Receivable, Payroll, HR. Supervisor: Owner Brad Shuman. Managed accounting department. Performed A/R, A/P, bank reconciliati on, managed bank transactions, collections, daily backup of computer system, managed petty cash transactions, processed payroll, and HR. Worked directly with the owner of the company, accountant, the office manager, and bank. Growth Management Oversight Commission Nominee 309 WORK EXPERIENCE PRIOR TO 1992 Real Estate Agent – Gained experience with fiduciary relationships, working with contracts, sales, and on call customer service. Cashiering – Gained experience with handling money, working with a cash register, processing credit card payments, sales, and friendly customer service. ADDITIONAL SKILLS Experienced in managing. Experienced in cash handling. Experienced in dispatching. Experienced in various filing systems. Experienced in providing customer service. Experienced in resolving disputes. Experienced in training. Experienced in the following programs: QuickBooks, Oracle, Bi-Publisher, Citrix, PeopleSoft, Kronos, Click, Versys, Real World, WennSoft, Invoice Delivery System, and Actuate. Knowledgeable in Excel, Word, Outlook, and PowerPoint. Experienced with computers, fax machines, copiers, scanners, cash registers, postage meters, shredders, and multiline phone line systems. Detail Oriented. Highly Organized. Task Oriented. I am accustomed to managing a large workload. I maintain high ethical standards. I am self-motivated. I enjoy working alone or being part of a team. I enjoy solving problems. Past employers have described me as efficient. EDUCATION Imperial Valley College – General Studies, emphasis in math and science. Southwestern College – General Studies, emphasis in humanities and art. University of Phoenix – Bachelor in Business Administration Master in Business with emphasis in Global Management Master in Psychology. I have also taken courses in Industrial/Organizational psychology, which focuses on recruitment, motivating employees, evaluating employees, and creating a healthy working environment. VOLUNTEER WORK Sharp Hospital in Chula Vista. A youth center in National City. Commissioner on the City of Chula Vista Growth Management Oversite Commission. Growth Management Oversight Commission Nominee 310 b Nomination due-1 Atigust 23, I 19 Nomination of Designated Members of the C11Y OF Measure A Citizens' Oversight Committee ("COC") CHULA VISTA The following information is submitted by the Nominating Authority to nominate one or more individuals to be considered to serve as a Designated Member on the COC, in accordance with CVMC chapter 2.63. Qualifications Applicable to All COC Membersh Must be qualified electors, (City residents who are qualified and registered to vote in the City). Must NOT be a current City employee or current elected City official. NOMINATING AUTHORITY: Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an active member of this association Chula Vista Police Officers Association (POA); nominees) must be an active member of this association Growth Management Oversight Commission; nominee(s) must befrom this commission Association of Chula Vista Employees (ACE); Chula Vista Fire Chief nominee(s) must bean active member of this association Chula Vista Police Chief DESIGNATED MEMBER NOMINEE(S): Up to three nominees may be submitted. Please attach contact information for each Nominee. (See, CVMC Chapter 2.63 for additional information.) CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nominating Authority 1 represent, and that I am authorized to submit them for consideration. Signature: Date: Phone Number: Printed Name:l iwt er V VLc IO r .56f-Email:/ Position with Nominating Authority: &"_ / U L 5'1-K Cf /l l 5LA Auer completing this form, please return to the City Clerk in person, by mail, or by email at citvclerk(@chulavistaca.gov. CVMC 2,63.050(B) Office of the City Clerk 1 276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691- 50411 cityclerk(@chulavistaca gov Nominee's First and Last Name Nominee's Email Address Nominee's Phone Number 1. 2. Orie Jucirez CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nominating Authority 1 represent, and that I am authorized to submit them for consideration. Signature: Date: Phone Number: Printed Name:l iwt er V VLc IO r .56f-Email:/ Position with Nominating Authority: &"_ / U L 5'1-K Cf /l l 5LA Auer completing this form, please return to the City Clerk in person, by mail, or by email at citvclerk(@chulavistaca.gov. CVMC 2,63.050(B) Office of the City Clerk 1 276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691- 50411 cityclerk(@chulavistaca gov Growth Management Oversight Commission Nominee 311 ChristineFlorez From:Webmaster Sent:Wednesday, August22, 201812:22PM To:CityClerk; Adrianna Hernandez Subject:CityofChula Vista: Citizens' Oversight CommitteeApplication - Webform Anewentrytoaform/survey hasbeensubmitted. FormName: MeasureACitizens' OversightCommitteeApplication Date & Time: 08/22/201812:21PM Response #: 12 Submitter ID: 50186 IPaddress: 172.24.96.110 Timetocomplete: 15min. , 7 sec. Survey Details Page1 Applicationformembership ontheMeasure ACitizens' Oversight Committee 1. Prefix Mr. 2. Firstand LastName DavidMartinez 3. E-mail 4. HomeAddress 5. City Chula Vista 6. ZIPcode 91913 7. PrimaryPhone 8. Secondary Phone Notanswered 1 Chula Vista Police Officers Association Nominee 312 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 24years 12. Presentemployer CityOfChulaVista 13. Occupation PoliceOfficer 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? N/A 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? N/A 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? No 19. Whichones? N/A 20. CertainseatsontheCitizens' OversightCommitteerequirenominationbyspecificNominatingAuthorities. Ifyouare applyingforoneoftheseseats, pleaseselectyourNominatingAuthoritybelow; otherwise, select "none": ChulaVistaPoliceOfficers Association (POA) 21. What areyourprincipal areas ofinterest inourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? (250wordsorless) Myinterest is tomakesure theMeasure A moneyisspentonpublicsafetyasitwaspromisedtotheunionsandthevoters thatapproved themeasure. IamthecurrentCVPOAVice Presidentand havebeenonourunion boardforover 4years. Iama longtimeChula VistaresidentandIwantto seeourcityprovidethelevelof publicsafetyserviceourcitizensdeserve. 22. Whatwouldyouhopetoaccomplish in theroleofa MemberoftheCitizens' OversightCommittee? (250wordsorless) EnsuretheMeasureAmoneyisspentonpublicsafetyasitwaspromisedtotheunionsandthevotersthatapprovedthe measure. Reduce responsetimes forPDandFirewithincreased staffingprovidedbyMeasureAmoney. 23. Iunderstand thattobeconsidered, Imustsubmitaresumealongwiththisapplication. 2 Chula Vista Police Officers Association Nominee 313 MeasureAResume.doc 24. IamfamiliarwiththeresponsibilitiesoftheCitizens' OversightCommittee. Ideclareunderpenaltyofperjuryunderthe lawsoftheStateofCaliforniathattheinformationIhaveprovidedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 Chula Vista Police Officers Association Nominee 314 David Martinez Chula Vista California, 91910 OBJECTIVE To provide leadership, communication, and accountability as a Measure A committee member. CAREER PROFILE Over 15 years of law enforcement experience. Diplomatic, tactful and excellent interpersonal skills with management, City staff, peers and citizens. Accustomed to handling sensitive and confidential matters. A history of producing accurate timely investigations; understanding and enforcing stringent case law; and following department policy and procedure guidelines. I am a Chula Vista High School graduate and a Chula Vista resident of over 20 years. LAW ENFORCEMENT EXPERIENCE April 2015 – Present Southwestern College Recruit Training Officer Police Academy Direct supervisor of police recruits Write evaluations for police recruits T rain , mentor and discipline recruits July 2012 – Present Chula Vista Police Department School Resource Of ficer School Resource Unit Promise Neighborhood Grant Officer Complete Child Abuse and Juvenile Investigations Conduct various tr ainings for students and parents Responsible for calls for service at local high, middle and elementary schools January 2011 – July 2012 Chula Vista Police Department Police Officer Patrol Division Engage in problem oriented policing projects Conduct both initial and follow up investigations Respond to calls for service and conduct self -initiated enforcement July 2009 – January 2011 Chula Vista Police Department School Resource Officer School Resource Unit Complete Child Abuse and Juvenile Investigations Conduct various trainings f or students and parents R esponsible for calls for service at local high, middle and elementary schools July 2005 – July 2009 Chula Vista Police Department Police Officer Patrol Division Engage in problem oriented policing projects Conduct both initial and follow up investigations Respond to calls for service and conduct self -initiated enforcement Chula Vista Police Officers Association Nominee 315 August 2002 – January 2005 Corrections Corporation of America Correctional Officer Train new correctional officers Maintain order and safety of the prison Supervise, search, and process federal inmates EDUCATION California Coast University – Online, currently enrolled Pursuing a Bachelor D egree in Administration of Criminal Justice Southwestern College – Chula Vista, California Associates Degree in Public Administration POLICE EDUCATION Completed over 1600 hours of formal training in wide and varied aspect s of law enforcement. Notable highlights o f training are as follows: Advanced P.O.S.T. Certificate Standardized Field Sobriety Tests Course Field Training Officer Course Physical Training Instructor Course Recruit Training Officer Course Psychiatric Emergency Response Team A RIDE Course • Search and Arrest Warrants Radar/Lidar Course National School Resource Officer Course Driver Awareness Instructor Course • Association Leadership Course Policing the Teenage Mind • Bicycle Patrol Course DEPARTMENT COLLATERAL DUTIES Field Training Officer – Train and supervise new police officers. EVOC I nstructor – Train department personnel on proper driving techniques and department policies . Command Post Engineer – Responsible for the operation and training of the command post. Recruiting Team – Attend various job fairs and community events for recruiting. Recruit Mentor – Serve as mentor to newly hired Recruits attending the Police Academy. SP14 Committee – Laterals committee; b rainstorm ways to recruit and hire latera l officers. P.E.R.T – Trained in identifying and speaking with individuals who are dealing with mental issues to include PTSD, schizophrenia , bipolar and depression . Promise Neighborhood Grant – Responsible for completing monthly reports. Conduct various trainings to parents and students. POA Board – Responsible for representing the men and women of the Chula Vista Police Officers Association. Current Vice President. AWARDS AND RECOGNITION 2016 – SRO of the Year, presented by Kiwanis Club of Chula Vista 2016 – American Legion Above and Beyond Award 2009 – DUI MADD Award for DUI Arrests 2008 – DUI MADD Award for DUI Arrests Chula Vista Police Officers Association Nominee 316 nngwmzg m; N4 Nomination of Designated Members of the ................ ................ CITY OF Measure A Citizens' Oversight Committee ("COC") SISTA The following information is submitted by the Nominating Authority to nominate one or more individuals to be considered to serve as a Designated Member on the COC, in accordance with CVMC chapter 2.63. Qualifications Applicable to All COC Members'. Must be qualified electors, (City residents who are qualified and registered to vote in the City). Must NOT be a current City employee or current elected City official. NOMINATING AUTHORITY: Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an active member of this association 0 Association of Chula Vista Employees (ACE); nominee(s) must be an active member of this association 0 Chula Vista Police Chief 10 Chula Vista Police Officers Association (POA); nominee(s) must be an active member of this association El Growth Management Oversight Commission; nominee(s) must be from this commission El Chula Vista Fire Chief DESIGNATED MEMBER NOMINEE(S): Up to three nominees may be submitted. Please attach contact information for each Nominee. (See, CVMC Chapter 2.63 for additional information.) CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nomi ing Authority I represent, and that I am authorized to submit them for consideration. DV -171 11 cd "*Signature: Date: Phone Number: Printed Name: U Rv Email: Position with Nominating Authority: PIZ,SID NOT After completing this form, please return to the City Clerk in person, by mail, or by email at cityclerk(?chulavistaca. gov. CVMC 2. 63.050(B) Office of the City Clerk 1276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691-50411 cityclerk@chulavistaca.go Nominee's First and Last Name Nominee's Email Address Nominee's Phone Number NN I ID MNRTINt% 3. CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the Nomi ing Authority I represent, and that I am authorized to submit them for consideration. DV -171 11 cd "*Signature: Date: Phone Number: Printed Name: U Rv Email: Position with Nominating Authority: PIZ,SID NOT After completing this form, please return to the City Clerk in person, by mail, or by email at cityclerk(?chulavistaca. gov. CVMC 2. 63.050(B) Office of the City Clerk 1276 Fourth Avenue, Chula Vista, CA 91910 1 (619) 691-50411 cityclerk@chulavistaca.go Chula Vista Police Officers Association Nominee 317 ChristineFlorez From:Webmaster Sent:Sunday, August26, 201810:54AM To:CityClerk; Adrianna Hernandez Subject:CityofChulaVista: Citizens' Oversight CommitteeApplication - Webform Anewentrytoaform/survey hasbeensubmitted. FormName: MeasureACitizens' OversightCommitteeApplication Date & Time: 08/26/201810:54AM Response #: 22 Submitter ID: 50315 IPaddress: 172.24.96.110 Timetocomplete: 31min. , 19sec. Survey Details Page1 Applicationformembership ontheMeasure ACitizens' Oversight Committee 1. Prefix Mr. 2. Firstand LastName DarrellRoberts 3. E-mail 4. HomeAddress 5. City Chula Vista 6. ZIPcode 91910 7. PrimaryPhone 8. Secondary Phone 1 Chula Vista International Association of Fire Fighters Nominee 318 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 40years 12. Presentemployer CityofChulaVista 13. Occupation Firefighter 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? N/A 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? N/A 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? Yes 19. Whichones? ChulaVistaFirefightersLocal2180 20. CertainseatsontheCitizens' OversightCommitteerequirenominationbyspecificNominatingAuthorities. Ifyouare applyingforoneoftheseseats, pleaseselectyourNominatingAuthoritybelow; otherwise, select "none": ChulaVistaInternational AssociationofFireFighters (IAFF) 21. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? (250wordsorless) Ihavededicatedthelast25yearsofmylifetothepublicandourcommunity. AsafirefighterIhavebeenfortunateenoughto servemyhometowncommunity. IhaveanintimateknowledgeonthechallengesaCityfacesonkeepingitscitizenssafe. Iam interestedintheCity'sfinancialoutlook, specificallyIamlookingfortheoutlookandhowitpertainstoallocatingfunds towardspublicsafety. AsamemberoftheChulaVistaFireDepartmentoverthelasttwodecadesIhavetheexperience, knowledge, anddesireto assistinmonitoring thesemuchneededMeasureAfunds. 22. WhatwouldyouhopetoaccomplishintheroleofaMemberoftheCitizens' OversightCommittee? (250wordsorless) IwouldliketoensurethatthemoniesraisedthroughMeasureAarecloselymonitoredandonlyspentonPublicSafety. Ialso 2 Chula Vista International Association of Fire Fighters Nominee 319 lookforwardtoworkingcollaboratively withothermembers ofthecommunity toensureasafer, strongerChulaVista. 23. Iunderstand thattobeconsidered, Imustsubmitaresumealongwiththisapplication. Resume2018.pdf 24. IamfamiliarwiththeresponsibilitiesoftheCitizens' OversightCommittee. Ideclareunderpenaltyofperjuryunderthe lawsoftheStateofCaliforniathattheinformationIhaveprovidedisaccurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 Chula Vista International Association of Fire Fighters Nominee 320 DARRELL ROBERTS Chula Vista CA 91910 Profile Measure A Citizens Oversight Committee - Nominee of the Chula Vista International Association of Fre Fighters Local 2180 Experience President, Chula Vista Firefighters IAFF Local 2180 — 2014 - Present Lead and organize a diverse workforce of Firefighters, Firefghter Paramedics, and Fire Investigators. Serve as governing officer during IAFF meetings. Serve as lead negotiator on behalf our entire IAFF workforce. Charged with the safety of the community and our Firefighters. Fire Battalion Chief, City of Chula Vista — 2013 - Present Serve and protect 275,000 residents of Chula Vista. Respond to large scale medical emergencies, rescues, fres, both wild land and structure. Charged with oversight on several engine, truck and US&R Type I companies. Fire Captain, City of Chula Vista — 2005- 2013 Serve as commander of a single engine, ladder, and US&R companies. Respond to emergencies including fres, EMS, and rescues. Fire Engineer, City of Chula Vista — 2003-2005 Work as primary operator of fire fighting equipment. Assist crews with transporting firefighters to and from emergency calls for service. Education Southwestern College Paramedic Program Graduate — 2012 Skills I work extremely well with others and have always maintained a high level of professionalism in a team environment. I am also fluent in both English and Spanish. References Charles Kuri - ( Melody Roberts - f - ( Chula Vista International Association of Fire Fighters Nominee 321 Nomination of Designated Members of the CITY OF Measure A Citizens' Oversight Committee ["COC") CHULA VISTA The following information is submitted by the Nominating Authority to nominate one or more individuals to be considered to serve as a Designated Member on the COC, in accordance with CVMC chapter 2.63. Qualifications Applicable to All COC Memberst: Must be qualified electors, (City residents who are qualified and registered to vote in the City). Must NOT be a current City employee or current elected City official, unless otherwise specified below. NOMINATING AUTHORITY: Chula Vista Chamber of Commerce; norninee(s) must be a mernber of the Chamber XChula Vista International Association of Fire Fighters (IAFF); nonunee(s) must be an active member of this association; nominee Lag Y be a City employee Association of Chula Vista Employees (ACE); nominee(s) must be an active member of this association; nominee may be a City employee Chula Vista Police Chief Chula Vista Police Officers Association (POA); nominee(s) must be an active member of this association; nominee may be a City employee 0 Growth Management Oversight Commission; nominee(s) must be from this commission Chula Vista Fire Chief DESIGNATED MEMBER NOMINEE(S): Up to three nominees may be submitted. Please attach contact information for each Nominee. (See, CVMC Chapter 2.63 for additional information.) CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the No I represent, and that I am authorized to submit them for consid / Signature: Date 2a 1 a Phone Numberb Printed Na e: .S EmaiLoiTb Position with Nominating Authority: After completing this form, please return to the City Clerk in person, by mail, or by email at cityclerk@chulavistaca.gov. CVMC 2 63 050(B) Nominee's First and Last Name Nominee's Email Address omi ee's Phone Number 2. 3. CERTIFICATION I certify under penalty of perjury that the above Nominees were selected in accordance with all applicable policies and procedures of the No I represent, and that I am authorized to submit them for consid / Signature: Date 2a 1 a Phone Num Printed Na e: .S Position with Nominating Authority: After completing this form, please return to the City Clerk in person, by mail, or by email at cityclerk@chulavistaca.gov. CVMC 2 63 050(B) Chula Vista International Association of Fire Fighters Nominee 322 Last Name First Name App Date Currently Serving On Nominated by:At-Large Seat Cortez Becky 9/4/2018 N/A District 1 Kean-Ayub Nadia 8/30/2018 N/A District 1 Marconi Marc 8/26/2018 N/A District 1 Marsh Tim 8/9/2018 N/A District 1 Redman Quentin 8/20/2018 N/A District 1 Rhamy Phillip 8/23/2018 N/A District 1 Stucky David 8/24/2018 N/A District 1 Vasquez Bernardo 8/22/2018 N/A District 1 Anaya Pedro 8/16/2018 Planning Commission N/A District 2 High Jan 8/26/2018 N/A District 2 O'Neill Kevin 8/22/2018 N/A District 2 Raso Joseph 8/13/2018 N/A District 2 Salvestrini Tom 8/21/2018 N/A District 2 Vaccaro Daniel 8/17/2018 N/A District 2 Whitehorse Maria 8/19/2018 N/A District 2 Becker Jennifer 8/27/2018 N/A District 3 McKay John 8/24/2018 N/A District 3 Rubio Heather 8/13/2018 N/A District 3 Serrato Jose 8/25/2018 N/A District 3 Todaro Nick 8/22/2018 N/A District 3 Armenta Edgar 8/22/2018 N/A District 4 Palmer Sr.Hunt 8/24/2018 N/A District 4 Volland John 9/4/2018 N/A District 4 Alatorre Raymundo 9/3/2018 GMOC Growth Management Oversight Commission N/A Escobedo Francisco 9/5/2018 Chula Vista Chamber of Commerce N/A Ficacci Gary 8/23/2018 Police Chief N/A Guillen Manolo 8/30/2018 Fire Chief N/A Hobson Nicole 9/4/2018 Association of Chula Vista Employees N/A Juarez Gloria 9/4/2018 GMOC Growth Management Oversight Commission N/A Martinez David 8/22/2018 Chula Vista Police Officers Association N/A Roberts Darrell 8/26/2018 Chula Vista International Association of Fire Fighters N/A Measure A Citizens' Oversight Committee Applications 323 P a g e | 1 September 11, 2018 File ID: 18-0391 TITLE A. DELIBERATION AND NOMINATIONS OF APPLICANTS TO BE INTERVIEWED FOR THE FOLLOWING AT- LARGE MEMBER SEATS ON THE MEASURE A CITIZENS’ OVERSIGHT COMMITTEE: -AT-LARGE MEMBER - DISTRICT 1 REPRESENTATIVE: Becky Cortez, Nadia Kean-Ayub, Marc Marconi, Tim Marsh, Quentin Redman, Phillip Rhamy, David Stucky, and Bernardo Vasquez -AT-LARGE MEMBER - DISTRICT 2 REPRESENTATIVE: Pedro Anaya, Jan High, Kevin O’Neill, Joseph Raso, Tom Salvestrini, Daniel Vaccaro, and Maria Whitehorse -AT-LARGE MEMBER - DISTRICT 3 REPRESENTATIVE: Jennifer Becker, John McKay, Heather Rubio, Jose Serrato, and Nick Todaro B. SELECTION OF DATE AND TIME OF OPEN MEETING OR MEETINGS TO CONDUCT INTERVIEWS OF: -APPLICANTS RECEIVING TWO OR MORE NOMINATIONS FOR THE AT-LARGE MEMBER SEATS FOR DISTRICTS 1, 2, AND 3 -ALL APPLICANTS FOR THE AT-LARGE MEMBER -DISTRICT 4 REPRESENTATIVE SEAT; AND -ALL APPLICANTS FOR THE SEVENDESIGNATED MEMBER SEATS (AS DEFINED IN CVMC 2.63.050(C)) RECOMMENDED ACTION Council nominate applicants to be interviewed for applicable At-Large Member seats, discuss and provide staff with direction regarding the interview process, and select date(s) and time(s) for an open meeting or meetings to conduct required interviews. 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. 324 P a g e | 2 BACKGROUND In June 2018, Chula Vista voters approved Measure A, a half-cent general transactions and use tax, which included provisions for citizens’ oversight, separate accounting, and independent audits. As a result, the Chula Vista City Council established the Measure A Citizens’ Oversight Committee (COC) to review and report on compliance with the provisions of Measure A, particularly with respect to the City’s accounting and expenditure of Measure A revenues. The Measure A COC will be comprised of 11members: -Four (4) At-Large Members, consisting of one resident from each of the four City Council districts; and -Seven (7) Designated Members, who are nominated by “nominating authorities,” described in Chula Vista Municipal Code (CVMC) section 2.63.050(C). The City Clerk’s Office received 31 qualified applications from individuals interested in serving on the Measure A COC. Additional details related to the Measure A Citizens’ Oversight Committee are described in Ordinance 3438 (Attachment 1). The Measure A COC must be convened prior to October 1, 2018, pursuant to CVMC section 3.34.160(D). A timeline of the appointment process for the Measure A COC is attached (Attachment 2). APPOINTMENT PROCESS The next steps in the process are: A.The City Council will make nominations for interviews for the At-Large Member seats for which five or more applications were received; and B.The City Council will set a date or dates to hold an open meeting or meetings to conduct the required interviews for all seats. ITEM A: NOMINATIONS FOR INTERVIEWS REQUIRED Appointments to the At-Large Member (District Representative) Seats are conducted in accordance with CVMC chapter 2.53. For any seat receiving five or more applications, the Council nominates applicants to be interviewed. Applicants receiving two or more nominations will be invited to interview. For seats that received four or fewer applications, all applicants are invited to interview. In accordance with CVMC section 2.53.040, any member of the public, including any individual submitting a qualified application, shall be afforded the opportunity to speak to the nomination item. Following the public comment period, the Mayor and each Councilmember will complete a form indicating one or more applicant each wishes to nominate for an interview and provide the form to the City Clerk. The City Clerk will then announce the names of each applicant who receives two or more nominations. The nomination forms will be public record and available for public review. The initial recruitment for the Measure A COC resulted in five or more applications being received for the following At-Large Member seats; therefore, nominations for interviews are required for these seats: -At-Large Member - District 1 Representative -At-Large Member - District 2 Representative -At-Large Member - District 3 Representative 325 P a g e | 3 Applications for these seats are provided as Attachment 3. Pursuant to the appointment process, the Council shall independently review the applications. The list of applicants for these seats is as follows: At-Large Member - District 1 Representative: -Becky Cortez -Nadia Kean-Ayub -Marc Marconi -Tim Marsh -Quentin Redman -Phillip Rhamy -David Stucky -Bernardo Vasquez At-Large Member - District 2 Representative: -Pedro Anaya (currently serving on the Planning Commission) -Jan High -Kevin O’Neill -Joseph Raso -Tom Salvestrini -Daniel Vaccaro -Maria Whitehorse At-Large Member - District 3 Representative: -Jennifer Becker -John McKay -Heather Rubio -Jose Serrato -Nick Todaro At-Large Member - District 4 Representative: Fewer than five applications were received for this seat, therefore, nominations are not required and all applicants will be invited to interview. ITEM B: FUTURE INTERVIEWS OF ELIGIBLE APPLICANTS Recommended Action: Council select a date or dates to conduct interviews of eligible applicants. Following the nominations for interviews in Item A, the City Council will select a date and time to conduct the required interviews for all seats. All interviews will be conducted during an open meeting or meetings of the City Council, at which any member of the public will be provided an opportunity to speak before and after the interviews, in accordance with CVMC section 2.53.040. Typically, 10 minutes is allotted for each applicant’s interview and interviews are held at City Hall in the Executive Conference Room; however, the Council may provide other direction to staff. The following applicants will be invited to interview at a future meeting of the Council: 326 P a g e | 4 -Applicants for At-Large Member seats who received two or more nominations as part of Item A, above; -All At-Large Member – District 4 Representative applicants, since fewer than five applications were received; and -All Designated Member applicants, in accordance with CVMC 2.63.060. Nominating Authorities have submitted the name(s) of their nominee(s) to the City Clerk, who has obtained an application from each nominee. Although Council’s action at this time is only to set the date(s) to hold interviews, the applications for the District 4 and all Designated Member seats have been included as Attachment 4, to allow sufficient time for Council and public review. Pursuant to the appointment process, the Council shall independently review the applications. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The boards and commissions program supports the Connected Community goal. Members of the City’s boards and commissions play a vital role by participating in the City’s processes and helping influence public policy with their diverse viewpoints. CURRENT-YEAR FISCAL IMPACT There is no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS 1. Ordinance 2018-3438 2. Measure A Citizens’ Oversight Committee Appointment Timeline 3. Applications Packet - Council Nominations for Interview Required (Item A) 4. Applications Packet - All Other Applications to be Interviewed at Future Meeting 5. Applicant Spreadsheet Staff Contact: Leah Larrarte 327 328 329 330 331 332 Education Bachelor of Science in Engineering, California National University, North Hills, CA, 2008 Master of Business Administration, Ashford University, Clinton, IA, 2018 (expected) California Plans Examiner Certificate, International Code Council, expires April 18, 2021 333 334 335 336 337 338 339 340 341 342 343 344 OFFICE OF THE MAYOR Mary Casillas Salas MEMO June 18, 2018 TO: Kerry Bigelow, City Clerk CC: Sheree Kansas, Deputy City Clerk II VIA: Adrianna Hernandez, Constituent Services Representative FROM: Mayor Mary Casillas Salas RE: Boards & Commissions Reappointments The Mayor would like to recommend the following for reappointment: Member Name Board/Commission Victor Esquer Board of Ethics Fernando Kish Board of Ethics Maryann Hernandez Board of Library Trustees Michael De La Rosa Charter Review Commission Bobby Erdmann Commission on Aging Karen Daniels Cultural Arts Commission Sophia Gray Cultural Arts Commission Christianne Penunuri Cultural Arts Commission Ana Melgoza Healthy Chula Vista Advisory Commission Lorena Quiroz Healthy Chula Vista Advisory Commission Jennifer Bustamante Housing Advisory Commission Marivic Lisama Housing Advisory Commission Patrick Macfarland Housing Advisory Commission Audrey Bordeaux Human Relations Commission Petrina Branch Human Relations Commission Ricardo Medina Human Relations Commission Nimpa Akana International Friendship Commission Sally Boucree International Friendship Commission Jorge Marroquin Safety Commission David Marshall Safety Commission Edward Legaspi Sustainability Commission Thank yN6 Fourth Avenue • Chula Vista • California 91910 • (619) 691-5044 • Fax (619) 476-5379 msalas@chulavistaca.gov P.,e 345 346 347 348 349 350 LibraryExperience LibraryAssistant attheNational CityPublicLibrary (Oct. 1999-2004). Assistant CirculationSupervisor attheNational CityPublicLibrary (2004-2006) Interlibrary Loan/Library Assistant attheUC SanDiego Geisel Library (Jan. 2007-Dec. 2014) 3 351 352 353 354 355 Student Scholarship Recipient for the San Diego Chapter of the American Planning Association (May 2016). 356