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HomeMy WebLinkAbout2020-07-14 Agenda Packet I declare under penalty of perjury that 1 am employed by the City of Chula Vista in the office of the City Clerk and that I posted the document according to Brown Act requirements. Dated: eI Z62'Sisnned: �Itl- 0 CrTV OF CHULA VISTA t e, Mary Casillas Salas, Mayor John McCann, Councilmember- District 1 Maria V. Kachadoorian, City Manager Jill M. Galvez, Councilmember- District 2 Glen R. Googins, City Attorney Stephen C. Padilla, Councilmember- District 3 Kerry K. Bigelow, City Clerk Mike Diaz, Councilmember- District 4 Tuesday, July 14, 2020 5:00 PM Via Teleconference Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY VIEW THE MEETING ON TELEVISION AND/OR ONLINE AND NOT IN THE COUNCIL CHAMBERS. HOW TO WATCH: Watch the meeting via livestream at https.//chulavista.legistarcom/Calendaraspx, on AT&T U-verse channel 99(throughout the County), and on Cox Cable channel 24(only in Chula Vista). Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels)and are archived on the City's website. HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at: https://chulavista.granicusideas.com/meetings. The commenting period will be open shortly after the agenda is published will remain open through the meeting. All comments will be available to the public and the City Council using the eComment portal. Comments must be received prior to the time the Mayor calls for the close of the commenting period. Comments received after such time will not be considered by the City Council. If you have difficulty or are unable to submit a comment,please contact the City Clerk's Office at cityclerk@chulavistaca.gov or(619)691-5041. ACCESSIBILITY: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a City meeting by contacting the City Clerk's Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. ***The City of Chula Vista is relying on commercial technology to livestream and accept public comments via Granicus, Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the new demand. If we have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a publicly accessible experience. *** City of Chula Vista Page 1 Printed on 719/2020 City Council Agenda July 14,20201 CALL 'TCS ORDER ROLL CALL: L: councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas S la PLEDGE OF ALLEGIANCE TCS THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DA's'' A. 20-0003 PRESENTATION OF THE CLEAN SUSTAINABILITY CHAMPION AWARDS BY THE CULA VISTA SUSTAINABILITY COMMISSION CONSENT NT CALENDAR (Items 1 - 10 The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmernher, a member of the public, or staff requests that an item he removed for discussion. If you wish to comment on one of these items, do so at http :1'chula vista.granicusideas.com/meetings 20-0203 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHU!L.A► VISTA RATIFYING AN�DI CONFIRMING EMERGENCY ORDER 002-D-2020 (EFFECTIVE JIUI Y 10, 2020) OF THE ULA► VISTA DIRECTOR OF EMERGENCY SERVICES AUITHO I ING CITY BOARD, COMMISSION, AND COMMITTEE MEETINGS TO OCCUR IN SPECIFIED CIRCUMSTANCES, EXPANDING ALLOWED ACTIVITIES AT CITY PARKS AND TRA S, AND UPDATING FACE COVERING REQUIREMENTS TO CONFORM WITH COUNTY AND STATE STANDARDS S Department: City tto r n e r & City a In a g e r Environmental Notice.: The activity is not a "Project" as defined under Section 115378 of the California (Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is regguir d. Notwithstanding the foregoing, the activity also gu�allifies for an Exemption pursuant to Section 15051(h)(3) of the California Environmental Quality Act State Guidelines. Recommended Action: Council adopt the (resolution. City of Chula Vista Page 2 Printed an 71912020 2020-07-14 Agenda Packet, Page 2 of 468 City Council Agenda July 14,21020 2. 120-0290 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING EMERGENCY ORDER 005-2020 ISSUED BY THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES (EFFECTIVE JULY 11 2020) AND, EXTENDING THE CITY'S EVICTION MORATORIUM ORDINANCE (EMERGENCY ORDINANCE NO., 3489-A) THROUGH JULY 3112020 Department: City Attorney & City Manager Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review lis required. Notwithstanding the foregoing, the activity also qualifies for an exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action: Coulncil adopt the Resolution. 3. 120-02,69 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA.- (1) AUTHORIZING THE ACCEPTANCE OF A $452,979 HOMELESS EMERGENCY AID PROGRAM GRANT FROM THE REGIONAL AS FORCE ON THE HOMELESS; (2,) APPROVING AGREEMENTS WITH THE REGIONAL TASK FORCE ON THE HOMELESS AND WITH NATIONAL CITY AND THE ALPHA PROJECT TO IMPLEMENT THE CHULA VISTA-NATIONAL CITY REGIONAL HOMELESS PROGRAM; AND (3) APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Department: Development Services Department 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. Under NEPA, the activity is exempt pursuant to Title 24, Part 58.34(a)(2) & (3) of the Code of Federal Regulations and pursuant to the U!. S. Department of Housing andl Urban Development Environmental Guidelines. Recommended Action: Council adopt the resolution. 4. 20-0206 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.3911 HOTELS/MOTELS, REGARDING GUEST ROOM INSPECTIONS FOR EQUIPMENT AND AMENITY MINIMUM REQUIREMENTS FOR HOTEL/MOTEL OPERATING PERMITS (FIRST READING), City of Chula Vista Page 3 Printed on 71912020 2020-07-14 Agenda Packet, Page 3 of 468 City Council Agenda July 14,21020 Department: Police Department Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15309 Class 9 (inspections)and Section 150,61(b)(3). Recommended Action: Council place the ordinance on first reading. 5. 120-0207 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT' WITH ECORP CONSULTING, INC. TO PROVIDE HABITAT MITIGATION MONITORING, REPORTING, AND MAINTENANCE SERVICES FOR THE "WILLOW STREET BRIDGE REPLACEMENT PROJECT ENVIRONMENTAL MITIGATION COMPLIANCE715 (STL0444PROJECT Department: Engineering Department Environmental Notice: The Project was adequately covered in previously adopted Final Mitigated Negative Declaration IS-10-006and associated Addenda 1,, 2and 3for the Phase 11 - Willow Street Bridge Replacement Project and previously certified Categorical Exclusion pursuant to Code of Federal Regulations (CFR) Title 23, Section 771. Thus, no further California Environmental Quality Act (C QA and National Environmental Policy Act (NEPA) environmental review or determination is required. Recommended Action: Council adopt the resolution. 6. 20-0267 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MEASURE P INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN AND TRANSFERRING $500,0100 IN MEASURE P APPROPRIATIONS FROM STI-0430 TO DRN021 1) STORM DRAIN (CMP) REHABILITATION OUTSIDE THE RIGHT OF WAY (PHASE 11) PROJECT FOR EMERGENCY CONTRACT CHANGE ORDERS WITH SPINIELLO COMPANIES (4/5 VOTE REQUIRED) Department: Engineering Department Environmental Notice: The Project qualifies, for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing) Facilities) and Section 15302 Class 2 (Replacement or Reconstruction). Recommended Action: Council adopt the resolution. City of Chula Vista Page 4 Printed on 71912020 2020-07-14 Agenda Packet, Page 4 of 468 City Council Agenda July 14,21020 7. 120-0276 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MINISTERIAL PERMIT' PROCESS, TO ALLOW BUSINESSES ALONG THIRD AVENUE BETWEEN E AND G STREETS 'TO EXPAND THEIR OPERATIONS INTO THE PUBLIC RIGHT-OF-WAY WITH: 1) SOCIAL DISTANCING AND QUEUING AREAS; 2) SIDEWALK CAFES; AND/OR, 3) CURB CAFES Department: Economic Development Department 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 15050(c 3 Ino environmental review lis required. Notwithstanding the foregoing,1 the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action: Coulncil adopt the resolution. 8. 120-02,80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE WEEKLY WEEKEND CLOSURE OF THIRD AVENUE FROM E STREET TO CENTER STREET FOR THE PERIOD OF JULY 151 2020 - JAN UARY 15, 2021 Department: Economic Development Department Environmental Notice: The activity is not a "Project" as, defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action: Council adopt the resolution. 91. 20-078 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE 2017-20,20 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE WESTERN COUNCIL OF' ENGINEERS TO EXTEND THE, TERM OF THE MCU TO DECEMBER 31, 2020 Department: Human Resources Department 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 150601(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. City of Chula Vista Page 5 Printed on 71912020 2020-07-14 Agenda Packet, Page 5 of 468 City Council Agenda July 14,21020 10. 120-0279 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE 2018-2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA MID-MANAGERS/PROFESSIONAL ASSOCIATION TO EXTEND THE TERM OF THE MOU TO JULY 31) 20210 Department: Human Resources Department 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 150601(c)(3) no environmental review is reqluired. Recommended Action: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons commenting 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 If you wish to comment, you may do so at https.-Ilch ula vista.granicusideas.com/meetings 11. 120-02,87 PUBLIC COMMENTS RECEIVED for July 14, 2020 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 comment on one of these items, you may do so at https.-Ilchulavista.,granicusideas.com/M� ,eetings 12. 120-0189 RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF CHULA VISTA AUTHORIZING APPLICATION FOR, AND RECEIPT O) PERMANENT' LOCAL HOUSING, ALLOCATION GRANT FUND'S Department: Development Services Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. City of Chula Vista Page 6 Printed on 71912020 2020-07-14 Agenda Packet, Page 6 of 468 City Council Agenda July 14,21020 13. 120-0248 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 3375AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 16-1 (MILLENIA) PURSUANT TO AN AMENDED RATE AND METHOD OF APPORTIONMENT THEREOF (FIRST READI�N�G) Department: Development Services Department 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 150601(c)(3) no environmental review is reqluired. Recommended Action: Coulncil place the ordinance on first reading., 14. .20-02,57 CONSIDERATION OF POTENTIAL CHARTER AMENDMENTS FOR POSSIBLE PLACEMENT ON THE NOVEMBER 2020 BALLOT, RELATED TO BOARD AND COMMISSION MEMEQ E,RSH�IP QUALIFICATIONS, RESIDENCY REQUIREMENTS FOR THE ELECTED CITY ATTORNEY, VOTE-BY-MAIL ELECTION PROVISIONS, ELECTED OFFICIAL SUSPENSION REGULATIONS, AND OTHER VARIOUS REVISIONS Department: City Attorney 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 150601(c)(3) no environmental review is reqluired. Recommended Action: Coulncil direction to staff as, it deems appropriate. 15. .20-02,68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 1.5 MILLION SMALL BUSINESS GRANT PROGRAM (CHULA VISTA CARES) TO REIMBURSE THE COSTS, OF BUSINESS INTERRUPTION CAUSED BY REQUIRED, CLOSURES DUE TO THE COVID-19 PANDEMIC Department: Economic Development Department 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 15o5o(c (8 Ino environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3,) of the California Environmental Quality Act State Guidelines. Recommended Action: Council adopt the resolution. City of Chula Vista Page 7 Printed on 71912020 2020-07-14 Agenda Packet, Page 7 of 468 City Council Agenda July 14,21020 16. 120-0277 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING, THE NECESSITY OF APPOINTING A CALPERS RETIREE WITHIN 180-DAYS OF RETIREMENT, PURSUANT TO GOVERNMENT CODE SECTIONS 7522-56 AND 21224 Department: Human Resources Department 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 Guidlellines Section 150601(c)(3) no environmental review is required., Recommended Action: Council adopt the Iresolution. CITY MANAGER'S REPORTS MAYOR'S REPORTS COU NCIL MEMBERS' 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 Attomey's office in accordance with the Ralph M. Brown Act(Govwernment Code 54957-7)1. 17. 20-0265 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code, Section 54956.9d)(2) [or](3)-. One [1] Case. 18. 20-0266 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 549,57.6 Agency designated representatives: Courtney Chase, Kevin Powell, Kelley Bacon,1 David Bilby,i Maria Kachadoorian, Glen Googins Employee organIzations.- POA, and SEIU ADJOURNMENT to the regular City Council meeting on July 21, 2020, at 5:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item,on this agenda are available for public review,please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or(619) 691-5041. City of Chula Vista Page 8 Printed on 71912020 2020-07-14 Agenda Packet, Page 8 of 468 City Council Agenda July 14,21020 City of Chula Vista Page 9 Printed on 71912020 2020-07-14 Agenda Packet, Page 9 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 9, 2020 File IIS: -0293 „MITI RESOLUTION of THE CITY COUNCIL OF THE CITY of CHULA VISTA RATIFYING AND CONFIRMING EMERGENCY ORDER 002-D-2020 (EFFECTIVE JULY 10) 2020] of THE CHULA VISTA DIRECTOR of EMERGENCY SERVICESAUTHORIZING CITY BOARD,COMMISSION,AND COMMITTEE MEETINGS TOOCCUR IN SPECIFIED CIRCUMSTANCES, EXPANDING ALLOWED ACTIVITIES AT' CITY PARIS AND TRAILS, ANIS UPDATING FACE COVERING REQUIREMENTS To CONFORM WITH COUNTY AND STATE STANDARDS ACTIONRECOMMENDED Council adopt the resolution. SUMMARY This proposed resolution ratifies and confirms Emergency order oo -D- oo issued by the Chula Vista. Director of Emergency Services,in accordance with Chula Vista Municipal Code section .14.080.F.1. ENVIRONMENTAL REVIEW The proposed resolution ratifying and confirming Emergency Order 002-D-2020 has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defied under, Section. 15378,8, of the state CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section l o o(c)(3) of the State CEQA Guidelines,the activity is not subject to CEQ . Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE Not applicable. DISCUSSION On March 17, 2020,the Chula Vista City Council,pursuant to Resolution No. 202 -065,adopted and ratified. a Proclamation declaring a Local Emergency issued by the Chula Nista Director of' E mergency Services ("Emergency Director"). The Proclamation was issued as a result of the worldwide CoViD-19 pandemic, which continues to directly impact the State of California,County of San.Diego,and City of Chula Vista. Since March,the number of cases in the County of Sari Diego and particularly,the South Pay region that includes 1 . 0 0 1 P IiI 1 2020-07-14 Agenda Packet, gage 10 of 468 the City of' Chula Vista, continues to rise. As of July 8, 2020, the total number of County cases involving residents of Chula Vista stands at 2,,,399 persons, 13.6,% of the County's total cases. During this unprecedented time,the City remains committed to protecting the public health of the residents of and visitors to Chula Vista and to utilizing City resources to respond to the COVID-19 pandemic and its associated ongoing threat to public safety and well-being. Accordingly, the Emergency Director previously issued Emergency Orders 002-2,020 and 002-A-2020,which were ratified and confirmed by City Council on April 21, 2020. Emergency Order 002-202,0 adopted the San Diego Health Officer's Order, as it may be amended from time to time, as a City order so that violations of can be enforced using both state law and local law provisions., Emergency Order 002-A-2020 ordered that City Council meetings would take place by teleconference until further notice; ordered the cancellation until further notice of City Board, Commission, and Committee; ordered all City parks,including dog parks,closed,and City trails,closed where marked;and ordered all essential public and private workers and volunteers to wear face coverings if they have contact with the public or prepare food for consumption by the public.Emergency Order 002-B-20�20�,issued on April 22, 2020 and effective April 23, 2020, expanded the face covering provisions to require members of the public to wear face coverings when they enter business facilities or service areas, including any line established for such entry. Emergency Order 002-B-2020 also made individuals and business owners responsible for ensuring compliance with all face covering requirements. On May 7, 2020, the Emergency Director issued Emergency Order 002-C-2020 (effective May 8, 2020) reopening City parks and trails for limited purposes and updating the City's face covering requirements to conform with the most recent San Diego County Order., Most recently, on July 9, 2020, the Emergency Director issued Emergency Order 002-D-2020 (effective July 10, 2020) authorizing City Board, Commission, and Committee meetings to occur when the City Manager, after consultation with the City Attorney and the City Clerk,determines that there is an urgent business need for such meeting. The Order also expands permitted activities at City parks and trails to include use of ball fields, sports fields, courts,and skate parks by members of the same household or in accordance with City's out Sports Return to Play Plan. The Order additionally revises face covering requirements to conform to the County's and State's most recent updates, and incorporates further updates and amendments as they may occur. Pursuant to Chula Vista Municipal Code section 2.14.080.F.1,rules and regulations issued by the Emergency Director must be confirmed by the City Council at the earliest practicable time. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for decision-maker conflict of interest in this matter. P 2 2020-07-14 Agenda Packet, Page I I of 468 CURRENT-YEAR FISCAL IMPACT The COVIN-19 pandemic creates a wide range of potential fiscal impacts to the City-� however, the subject I resolution to ratify and confirm Emergency Order 002-D-202,0 is unlikely to contribute in any significant way to such current-year fiscal impacts. Staff is evaluating the broader fiscal impact of the current public health crisis,and a comprehensive report will be presented to council in the future. ONGOING FISCAL IMPAC'I" The COVIN-19 pandemic creates a wide range of potential fiscal impacts to the City; however, the subject resolution to ratify and confirm Emergency Order 002-D-202,0 is unlikely to contribute in any significant way to such ongoing fiscal impacts. Staff is evaluating the broader fiscal impact of the current public health crisis, and a comprehensive report will be presented to council in the future. Al"TACHMENTS 1. Resolution 2. Attachment A: Emergency Order No. 002-D-2020 Staff Contact:Maria V.Kachadoorian;Glen Goo ins P3 2020-07-14 Agenda Packet, Page 12 of 468 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CH L VISTA RATIFYING AND CONFIRMING EMERGENCY ORDER OO -D- 2020 (EFFECTIVE JULY 109 2020) OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES AUTHORIZING CITY BOARD.) "OMISSION, .ANIS COMMITTEE MEETINGS TO OCCUR IN SPECIFIED CIRCUMSTANCES, EXPANDING ALLOWED OWED ACTIVITIES 'T CITY PARKS AND TRAILS, ANIS UPDATING FACE COVERING REQUIREMENTS TO, CONFORM WITH COUNTY AND STAT STANDARDS WHEREAS, a worldwide COVID-19 pandemic was declared by the World Health Organization on January 30, 2020, and on. January 31, 2020, the United State Secretary of Health and Human Services also declared a Public health Emergency as a result of the COVID-19 virus; and WHEREAS,S, various states of emergency were declared by the United State (March 1.3, 2020), the State of California (March 4, 2020), and the County of San. Diego (February 19, 2020), because of the threat to public safety to persons and property including both physical and economic harm) as result of the COVID-1.9 virus; and WHEREAS,S, on March 12, 2020, pursuant to California health and Safety Code sections 101040, 120175, and 1.20175.5 (b) the Health Officer of the Counter of San Diego "Health Officer") issued an Order of the Health Officer and Emergency Regulations (the "Counter Order") closing certain businesses, prohibiting certain public and private gatherings, and restricting other activities in San Diego County as a result of the COVID-19 virus pandemic; and HEREAS, on March 13, 2020, due to the escalating number of COVID-19 virus cases nationwide, with manor cases in the State of California, the City of Chula Vista Director of Emergency cy Services "Emergency Director") issued a Proclamation declaring a Local Emergency, as authorized by Government Code section 8630 and Chula Nista Municipal Code ("CVMC") Section 2.14.080(a), which was subsequently adopted and ratified by the Chula Vista City Council on March 17, 2020 pursuant to Resolution No. 2020-065 (collectively, the "Emergency esolution")�, and WERAS, on March 16, 2020 and March 17, 202O, the County Order was subsequently amended and addended by the Health Officer to include additional rules and restrictions in ars effort to further promote public health and safety; WERAS, pursuant to Health and Safety Code section 1201 I5.5(b) and the County Order, all governmental entities in San Diego County shall tale necessary measures within the governmental entity's control to ensure compliance with the County Order; and Page I of 2020-07-14 Agenda Packet, gage 13 of 468 WHEREAS, in accordance with Chula Vista Municipal Code section 2.14.080(F)(1) the Emergency Director recommended that the City Council affirm and adopt the County Order as a local measure in order to protect the life and property of the residents of Chula Vista affected by the emergency declared as a result of the COVID-19 virus; and WHEREAS, on March 17, 2020, the City Council adopted Emergency Ordinance No. 3484-A ("City Order" , which affirmed and adopted the County Order as it existed on March 17,, 2020 and authorized the Director to expand or amend the City Order to apply to additional businesses or circumstances pursuant to his or her independent judgment consistent with the authority provided in Chula Vista Municipal Code section 2.14.080(F)(1); and WHEREAS, on March 17, 2020, the Governor of California issued Executive Order N-29-20 which ordered, among other things, that all requirements of the Bagley- Keene Act and the Brown Act requiring the physical presence of members, personnel, or the public, were waived, and that legislative bodies could hold meetings via teleconferencing ("State Order 29-20"); and WHEREAS, from March 1.8, 2020 through July 7, 2020, the County Health Officer issued a series of amendments and addendums to the County Order; and WHEREAS, on March '19, 2020, the Governor of California issued Executive Order N-33-20 which ordered, among other things, all Californians to stay at home, with limited exceptions ("State Order 33-20"'); and WHEREAS, the number of COVID-19 virus cases continue to increase in both the State of California (https-://www.cdc.,gov/media/releases/2020/s-0303-Additional- COVID-19-infections.htmi) and in the City of Chula Vista (htt s:// ww.saiidie ocour t . ov/cor tent/dam/sdc/hhs,a/ ro rams/ lis/E i.dem.i.oIo / "!Chs/EidemioIogy/C0 VID-19%2ODail- %20Up,date C,i,ty%2OoP/o2OResid.ence.pdf); and WHEREAS, on April 9, 2020, the Emergency Director issued Emergency Order 002-2020, which affirmed and adopted the Order of the Health Officer and Emergency Regulations issued by the County of San Diego Health Officer, as that Order may be from time to time updated and amended, as the Order and Emergency Regulations of the City of Chula Vista; and WHEREAS, on April 10, 2020, the Emergency Director issued Emergency Order 020-A-2020 of the Chula Vista Director of Emergency Services (Effective April 11, 2020), which mandated, among other things, that City Council meetings be conducted via teleconference and City Board, Commission, and Committee meetings to be cancelled Page 2 of 4 2020-07-14 Agenda Packet, Page 14 of 468 until further notice; that City parks and certain City trails be closed; and that essential public and private workers wear face coverings while interacting with the public and preparing food for public consumption; and WHEREAS, on April 21, 2020, the City Council ratified and confirmed Emergency Orders 002-2020 and 002-A-2020 of the Chula Vista Director of Emergency Services; and WHEREAS, on April 22, 2020, the Emergency Director issued Emergency Order O02-B-2020 of the Chula Vista Director of Emergency Services (Effective April 23, 2020), which mandated that members of the public wear face coverings when entering essential businesses or service areas and makes individuals and business owners responsible for ensuring compliance with all face covering requirements; and WHEREAS, on April 28, 2020, the City Council ratified and confirmed Emergency Order 002-B-2020 of the Chula Vista Director of Emergency Services; and WHEREAS, on May 7, 2020, the Emergency Director issued Emergency Order 002-C-2020 of the Chula Vista Director of Emergency Services, (Effective May 8, 2020), which opened City parks and trails subject to specified terms, and which updated City's face covering requirements to conform with San Diego County's then-existing standards by expanding the circumstances under which face coverings are required and providing exemptions for specified persons; and WHEREAS, on July 9, 2020, the Emergency Director issued Emergency Order 002-D-2020 of the Chula Vista Director of Emergency Services (Effective July 10, 2020), attached hereto as Attachment A, which authorizes City board, commission, and committee meetings to occur under specified circumstances; permits expanded uses of City parks and trails; and updates face covering requirements to conform with County and State requirements; WHEREAS,, Chula Vista Municipal Code section 2.14.080(F)(1) authorizes the Emergency Director to make and issue rules and regulations reasonably related to the protection of life and property, subject to confirmation of the City Council at the earliest practical time. NOW, 'THEREFORE, based on the facts and circumstances set forth above, the City Council of the City of Chula Vista hereby resolves as follows. - Page 3 of 4 2020-07-14 Agenda Packet, Page 15 of 468 1. Emergency Order 002-D-2020 of the Chula Vista Director of Emergency Services (Effective July 10, 2020), attached hereto as Attachment A, is hereby ratified and confirmed. Presented by Approved as to form by Maria V. Kachadoorian Glen R. Googins City Manager/Director of Emergency Services City Attorney Page 4 of 4 2020-07-14 Agenda Packet, Page 16 of 468 DocuSign Envelope ID:2549A578,-FOFC-4873-938B-0159OB1 OE91 E6 EMERGENCY ORDER OF THE C LILA VISTA DIRECTOR OF EMERGENCY SERVICES [Order No. 002-D-2020] Effective Date: July 10, 2O20 Pursuant to CSV IC section 2.14.08,0 [Director—Powers and Duties], Chula Vista City Council Resolution No. 2020-065, and Emergency Order 002-2020 of the Chula Vista Director of Emergency Services, the Chula Vista Director of Emergency Services ("Emergency Director") ORDERS AS FOLLOWS, Friday,-1 Effective 12:00 a.m. on rrictay, July 10, 2020, and continuing in effect until further notice froml or contravening action by, the Emergency Director or the City Council: 1. City Council 1'" eetin All City Council Meetings will be conducted via teleconference until further notice. Members of the City Council and staff may participate in City Council meetings via teleconference. The public may view the meeting on television and/or online,, and may submit comments online at https-,//chulavista.,izranicusideas.com/meeti . Further information regarding public participation is described in the Chula Vista City Clerk's Open Meetings with Public Participation during Coronavirus/Covid-19 document (available at htt www.chulavistac a gov/departments/gity- 2. City Board, Commission, and Committee Meetin s. All City Board, Commission, and Committee meetings are canceled until further notice, unless necessitated by business urgencies, as determined by the City Manager, after consultation with the City Attorney and the City Clerk ("Emergency Order No. 002-2020"). 3. Parks and Trails. All City parks and trails are open daily, from 7:00 a.m. to 8:00 p.m., on the following terms: a. Passive uses of the park are allowed. Passive uses include walking,jogging, hiking, bike riding on paths and trails only), standing/sitting on the grass, and use of dog "off-leash" areas. b. Ballfields, sports fields, courts, and skate parks are open for limited play by members of the same household, or under the provisions of the Youth Sports Protocols as set forth below in paragraph "c'I. Page 1 of 4 2020-07-14 Agenda Packet, Page 17 of 468 DocuSign Envelope ID:2549A578,-FOFC-4873-938B-0159OB1 OE91 E6 c. Youth sports organizations with City-approved field allocations may use City fields consistent with the terms of such allocation, but only in strict compliance with City's "Youth Sports Return to Play Plan"published at www.chulavistac,a,.go,v/rec ("Youth Sports Protocols"). Prior to any such field use, the subject youth sports organization must first sign and submit a copy of the Youth Sports Protocols to the City's Director of Community Services. City's Youth Sports Protocols also require compliance with County of San Diego safety protocols applicable to "Day Camps". d. No gathering or congregating in groups of more than one is allowed, except among members of a single household. Groups of single household members are limited to gatherings of no more than ten people. e. All playground equipment, gazebos, picnic tables, and benches will remain closed and off-limits. f. While in or entering a park or trail, face coverings must be worn by all persons over two years old when within six feet of another person who is not a member of their household. g. At all times, strive to maintain six feet of physical distancing from non-household members. h. Do not enter parks or trails if you are sick or have symptoms of COVID-19, including but not limited to fever, cough, sore throat, shortness of breath, muscle aches, or recent loss of smell or taste. 4. Face Coverings. a. Compliance with Cal�fornia Department of'Public Health Guidance. All persons present in the City shall wear a face covering as required by the California Department of Public Health's Guidance, as that Guidance may be from time to time updated and amended. The current California Department of Public Health Guidance for the Use of Face Coverings may be found at www.cdh..ca.gov. b. Responsibilityfor Compliance. All individuals governed by the above-described face covering requirements shall be personally responsible for their own compliance. In addition, business owners and managers shall be responsible for assuring compliance with the above-described face covering requirements for workers, volunteers, and members of the public within their respective business facilities and service areas; Page 2 of 4 2020-07-14 Agenda Packet, Page 18 of 468 DocuSign Envelope ID:2549A578,-FOFC-4873-938B-0159OB1 OE91 E6 such responsibility shall include, as necessary, refusing admission or service to any member of the public who falls to wear a face covering when entering the business facility or service area. GENERAL PROVISIONS 5. This order is issued as a result of a worldwide COVID-19 pandemic declared by the World Health Organization on January 30, 2020 and a Public Health Emergency due to the COVID-19 virus declared by the United States Secretary of Health and Human Services on January 31, 2020. 6. As of the date of this order, the COVID-19 virus continues to represent a danger to the Chula Vista community(to persons and property including both physical and economic harm), and has significantly impacted the City's personnel and financial resources. The actions required by this Order are necessary to reduce the number of individuals who will be exposed to COVID-19, and will thereby slow the spread of COVID-19 in the City of Chula Vista. By reducing the spread of COVID-19, this Order will save lives and increase public safety to persons and property, and reduce both physical and economic harm. 7. This Order is issued in accordance with, and incorporates by reference: the Proclamation of Local Emergency issued by the Chula Vista Director of Emergency Services on March 131 2020; Chula Vista City Council Resolution No. 2020-065; Chula Vista City Council Emergency Ordinance No. 3484-A; Emergency Order 002-2020 of the Chula Vista 1 9 Emergency Services Director; the Declaration of Local Health Emergency issued by the County of San Diego Health Officer on February 14, 2020; the County of San Diego Order of the Health Officer and Emergency Regulations (Effective July 7, 2020); the Proclamation of a State of Emergency issued by the Governor of the State of California on March 4, 2020; Executive Order 1 -25-20 issued by the Governor of the State of California on March 12,, 2020; Executive Order N-29-20 issued by the Governor of the State of California on March 17,, 2020; Executive Order N-33-20 issued by the Governor of the State of California on March 19, 2020; California Department of Public Health on Guidance for the Use of Face Coverings (revised June 29, 2020); and Proclamation 9984 regarding COVID-19 issued by the President of the United States on March 11, 2020. 8. This Order comes after the release of substantial guidance from the County of San Diego Health Officer, the California Department of Public Health, the Centers for Disease Control and Prevention, and other public health officials throughout the United States and around the world. Page 3 of 4 2020-07-14 Agenda Packet, Page 19 of 468 DocuSign Envelope ID:2549A578,-FOFC-4873-938B-0159OB1 OE91 E6 9. With this Order, the Emergency Director is hereby exercising their independent judgment to make and issue rules and regulations reasonably related to the protection of life and property,,pursuant to Chula Vista Municipal Code section 2.14.080(F)(1), subject to confirmation of the City Council at the earliest practical time. 10. Violations of the regulations contained in paragraphs 3 and 4 above shall be enforceable to the maximum extent authorized by law, including without limitation, as set forth in Chula Vista Municipal Code sections 1.20.010 and 2.14.140 and Health and Safety Code section 12029,5. SO ORDERED, BY: DocuiSigned by: Maria V. bac hadoorian, City Manager/Director of Emergency Services Approved as to Form: BY: e—DocuSigned by: CF40650850444BF.., Glen Goo ins, City Attorney, City of Chula Vista Page 4 of 4 2020-07-14 Agenda Packet, Page 20 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 14,2020 File ID: 20-0290 ,TITS RESOLUTION OF THE CITE"COUNCIL OF THE, CITY OF CHULA VISTA RATIFYING EMERGENCY ORDER 005- 2020 ISSUED BY THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES (EFFECTIVE,JULY 1, 2020) AND EXTENDING THE CITY'S EVICTION MORATORIUM ORDINANCE (EMERGENCY ORDINANCE NO. 3489-A THROUGH JULY 31, 2020 ACTIONRECOMMENDED ° Council adopt the resolution. SUMMARY The rapid transmission rate of COVID-19 and ongoing increases of positive cases has changed the very nature of how we work,live,and protect ourselves against the spread of this virus. With public/private gatherings prohibited and businesses closed and some only starting to slowly open, thousands of residents are faced with layoffs and reduced work hours. These measures are directly impacting residents'ability to afford the basic and fundamental necessities of life and commercial tenants' economic sustainability. On March 17, 2020, Chula Vista City Council adopted an Eviction Moratorium Ordinance (the"Eviction Moratorium") as a temporary measure during this state of emergency to help stabilize and avoid unnecessary displacement of. financially impacted residential and commercial tenants in the interests of protecting the public health and preventing transmission of the coronavirus. These economic impacts are anticipated to continue into the future leaving tenants (both commercial and residential) vulnerable to eviction. This item requests that the Council ratify the City Manager/Director of Emergency Services Order No. 005- 2020 and extend the Eviction Moratorium through Julys 31,2020. City staff will return to the City Council on Julys 28,,2020 with a more detailed report and a recommendation on whether or not the Eviction Moratorium should be further extended. ENVIRONMEN'TAL REVIEW The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality pct State Guidelines- therefore, pursuant to State Guidelines Section ISo 0(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE Not applicable. 1 . 0 0 1 P Ii1 2020-07-14 Agenda Packet, gage 21 of 468 DISC'USSION In January 2020,countries around the world began dealing with a historic global pandemic,known as COVID- 19. On March 13, 2020,the United States declared a national emergency as a result of the COVID-19 virus. Locally, on March 13, 2020, due to the escalating number of COVID-19 virus cases, the City of Chula Vista Director of Emergency Services issued a Proclamation declaring a Local Emergency,which was subsequently ratified and adopted by the City Council on March 17,2020. As of July 7,2020,there were 200,460 confirmed cases in California, including 17,580 cases in San Diego County or 6% of the total cases and 399 deaths.The number of cases has continued to grow with San Diego County placed on the State's monitoring list on July 6, 2020, with San Diego County reporting 129.3 cases per 100,000 on July 6, 2020, well above the State I s metric of100per 100,000., Chula Vista's rates of infection have been among the highest in San Diego County, with 2,290 positive COVID-,19 cases as of July 6, 2020,representing 13% of the 17,580 County cases. Based upon significant scientific evidence regarding the most effective approaches to slow the transmission of communicable diseases in general and specifically, COVID-19,the State issued stay-at-home orders,with the exception of critical public safety and essential businesses beginning March 19, 2020, with the Public Health Officer of San Diego County issuing consistent Orders of the Health Officer and Emergency Regulations (the"Orders"). While both the State's and the County of San Diego's Orders have since been amended,many restrictions still apply with the State and San Diego County moving slowly towards economic re-opening. Due to the public health emergency declaration and corresponding health authority directives, public and private gatherings are prohibited; entertainment businesses,bars and nightclubs are closed; restaurants are limited to take-out service only; and nearly all other businesses are closed or suspended, except those deemed essential or allowed for re-opening with strict protocols. As result, many low-wage and service- oriented earners are left without work and are experiencing a sudden and unexpected loss of income and health care coverage. These households are at risk of losing housing and falling into homelessness. According to guidance released from HUD on March 9, 2020,housing instability and frequent mobility place individuals at greater risk of exposure to infectious disease,such as COVID-191.Limited access to health care services and poor living conditions further compound this risk. On March 16, 2020, Governor Newsom issued Executive Order 1 -28-20 for the purpose of protecting residential and commercial tenants and homeowners suddenly facing financial hardship as a result of the CO ID-19 pandemic. The order authorizes local governments to halt rental and foreclosure related evictions when the eviction is based on nonpayment of rent because of documented and substantial decrease in income caused by layoffs or reduction in paid work hours as a result of the COVID-19 pandemic or by any local, state, or federal government response to COVID-19. Subsequently on March 27, 2020, the Governor issued Executive Order N-37-20 banning the enforcement by law enforcement or courts of eviction orders against residential tenants affected by COVID-19. Executive Order N-37-20 requires tenants to declare in 1 http,s://files.hudexchange.info/public/resources/documents/Specific-Consideration,s-for-Public-Health-Authorities- to-Limit-Infectio n-Risk-Among-People-Experiencing- Hornelessness.pdP utm-s ource=HUD+Exchange+Mailing+List&utm-campaign=8b1f3959f9- Infectious-Disease-Guidance-Homeless-3.9.20&utm-medium=email&utm-term=O-f32b93 5a5f-8b1f3959f9-19,5,5 3749 P12 2020-07-14 Agenda Packet, Page 22 of 468 writing,no more than seven days after the rent comes due,that the tenant cannot pay all or part of their rent due to COVID-19. Under Executive, Order N-37-20, tenants are required to retain documentation but not required to submit such documentation to the landlord in advance of notification of eviction protection. On June 30, 2020,the Governor issued Executive Order N-71-20 extending such protection through September 30, 2020 (Executive Orders N-2,8-2,0, N-37-20, and N-71-2,0 known collectively as the, "Executive Orders"), The Executive Orders explicitly state tenants remain obligated to repay full rent in a timely manner. Landlords still can recover rent that is due once the enforcement moratorium is lifted, and tenants still can face eviction at that time. The Executive Orders take effect immediately and their protections are in effect until September 30, 2020�. Following Executive Order N-28-20, on March 17, 2020, City Council adopted Ordinance 3483A (the "Ordinance") to provide eviction protections during this volatile period of time for vulnerable residents and commercial enterprises. Amendments to this Ordinance were made on April 7, 2020 to remain consistent with Executive Order 37-20.,provide greater clarity to tenants and landlords in implementing the eviction moratorium and protections provided by the Ordinance, and extend the Ordinance through May 3,1, 2020. The City Manager, acting as the Director of Emergency Services, has additionally signed Order 03-2020 approving and adopting Eviction Moratorium Regulations (the "Regulations") to assist in implementing the Ordinance,effective April 1,2020. Subsequently on May 26,2020,the Ordinance was amended to extend the Moratorium though June 30, 2020. With continued rising positive COVID-19 cases in San Diego County and Chula Vista and placement o 'San Diego County on the State's monitoring list placing restrictions over the next few weeks, further economic impacts are anticipated to continue beyond June 30,2020,leaving tenants (both commercial and residential) vulnerable to eviction. Therefore, on July 1, 2020, the Chula Vista Director of Emergency Services issued Emergency Order No. 005-2020 extending those protections afforded to tenants and homeowners against eviction or foreclosure as set forth in Ordinance No. 3489-A of'the City of Chula Vista until 12:00 a.m.on July 31, 2020. Tonight's action seeks to implement this Order with approval of a City Council Resolution extending the Eviction Moratorium through July 31,2020. Staff will return to Council on July 28,, 2020 to consider extension of the Eviction Moratorium through September 30,2020 c,onsistentwith the State's Executive Order N-71-20 and based upon further information related to ongoing needed for tenant protections and impacts on the Chula Vista rental market. ANALYSIS During this rapidly changing environment caused by the COVID-19 pandemic, stay-at-home orders were issued nationwide, encouraging isolation measures to prevent the spread of the coronavirus. As a result, of these orders, residents and businesses are facing direct and significant financial impacts to income that jeopardize stability during this public health emergency. Loss of Income and Work Hours The San Diego County region is home to a variety of sectors and industries, with significant employment within the tourist,service and military sectors.Since the COVID-19 outbreak,conferences,events,attractions and businesses have been cancelled, closed or reduced. These businesses would otherwise support a large P 13 2020-07-14 Agenda Packet, Page 23 of 468 number of'employee work hours. With stay at home orders in place since March 2020, there has been a significant loss of business opportunity locally, impacting both direct and indirect spending and creating a ripple effect within the local economy. While the State has gradually moved to early Phase 2 of its Resilience Roadmap to re-opening of the economy,where retail,related logistics and manufacturing,office workplaces, limited personal services, outdoor museums, childcare, and essential businesses can open with modifications, rising positive COVID-19 cases present setbacks. Business and worker income losses are mounting as this crisis continues in the upcoming weeks and months. The nation and the State are feeling the economic 'impact of COVID-19. The United States Department of Labor reported an insured unemployment rate of 12.4 percent as of June 27, 2,02,0. Initial unemployment insurance claims totaled 1,399,699 in the week ending July 4,2020 compared to 231,995 initial claims in the comparable week in 2019,representing a 503%increase. For the week ending June 20, 2020 California was among the highest insured unemployment rates in the nation at 16.7 percent, ranking the 6th highest. . As of July 2, 20�20, SANDAG reported the unemployment rate for the San Diego region at 14.8 percent, higher than the national rate,with roughly 250,000 unemployed people in the region, compared to about 50,000 pre-,COVID. Chula Vista's unemployment rate (based on ZIP code) is higher than the region's, with the unemployment rate varying between 16 and 19 percent.3 In a study by the San Diego Workforce Partnership, it is anticipated that San Diego County may lose up to 350,000 jobs as a result of the COVID-19 viruS4. Many Chula Vista residents,particularly those within low wage and service industries,are left without work and are experiencing sudden and unexpected loss of income and health care. These households are at risk of losing housing and falling into homelessness and may have limited access to health care, placing them at greater risk of exposure to COIR-19. Prior to the anticipated financial economic impact of COVID-19, Chula Vista's population was already vulnerable to any shift in economic circumstances. According to the U.S. Department of Housing and Urban Development's (HUD) C'omp ehensive Housi*naffordabil,i,ty Strate,gy (,C,H released in August 2019 for the 2012-2016 planning period, 47 percent of Chula Vista's total households are of lower income, earning 8,0% of the Area Median Income or less ($68,,000 annual income for a family of four). Thirty-seven percent of lower income homeowners pay more than 50%of their income towards housing costs. When looking at the rental housing market, 42 percent of Chula Vista's housing stock is rental housing. A significant portion of renters (59�%) are lower income,with 44 percent of them paying more than 50%of their income towards housing costs. Given average pre-CO�VID-19 salaries and the existing high cost of housing in San Diego County,further reductions in income only exacerbate existing housing affordability issues. Rental Assistance Program To combat the economic effects on lower income residents,in May and June 2020,the City approved the use of its local housing funds totaling$1,250,000 and an additional$200,000 from the County of San Diego CARES funding to provide these residents with rental assistance for any back rent owed and to assist with future 2 https:�//www.dol.gov/ui/data.pdf I https://www.sandag-org/uploads/publicationid/�publicationid-468,5-27681.pdf 4 h,ttp,s,:/ workforce.org/,n,ews/V,o,tentia1-im- act-of-covi rent. South Bay Community Services (SBCS), in partnership with the City, is administering the program. Information related to the rental assistance program can be found on SBCS' website at ht.tps;/, scut hba,yc,ommunitys,.er,vic'es.org,Zrental-assistance-for-chula-vista-families-affected-by-covict-19/. In addition, SBCS has forwarded program information to all local school districts, Southwestern Community College, the, Community Collaborative and its Family Resource Centers, Pacific Southwest Association of' Realtors, advertised on its own social media accounts for Facebook, Instagram, and Twitters and email distribution lists, outreach to local affordable, housing property owners/managers, and local media announcements and interviews. Community Outreach and Education Since, the approval of the Eviction Moratorium on March 17, 2020, City staff has reached out to affected stakeholder groups such as CSA San Diego County, the City's contractor for providing fair housing and landlord-tenant information and services to Chula Vista residents, representatives of citizen groups, social service providers working with low income residents such as SBCS, Pacific Southwest Association of Realtors, Chula Vista Chamber of Commerce, and South County Economic Development Corporation. The Ordinance,sample Notices for Eviction Protection and other related resources have been posted on the City's website at h.ttp,.s..,: w w.chulavistaca.,g,o,v,/,de,p,artments/d,e,ve,lopment-services/hous�ing,/..,evi,ction- moratorium#Eviction%2O Moratorium. A press release highlighting the Eviction Moratorium and the resources available to businesses and residents was issued by City on Monday,March 30,2020. The Eviction Moratorium was also highlighted in the City's April 2020 edition of its Community Connections and in several news broadcasts and articles. As the COVID-19 pandemic continues and as more residents and businesses are affected, City staff will continue to communicate with the local community about the Eviction Moratorium and other resources that may be available to assist during this challenging time,such as the Rental Assistance Program. M I I I I m - AN, 0 0 a I a a m W, Email List Serve All landlords and property managers registered with DSD Housing as an affordable housing community Social Media Landlords/lenders and tenants/homeowners throughout the City Non-,Profit& Landlords lenders and tenants/homeowners throughout Community Partners the City facing financial hardship. Schools Coordination information sharing with school districts Professional Coordination of information sharing with..Apartment Association, Pacific Southwest Association of Realtors and Associations other organizations Web page provides simplified information on the City Website, moratorium P5 2020-07-14 Agenda Packet, Page 25 of 468 To better understand the impact of COVID-19 on the Chula Vista rental market and to inform the community of the City's s ET-1 Y' viction Moratorium and rental assistance provided through SBCS, on July 8, 2020, such information and a survey was distributed to 375 rental properties and mobilehome parks with business licenses in Chula Vista. Staff has also contacted all property owners/managers of affordable housing developments with such information,with many stating that only a few residents per complex are behind in rent and such tenants were referred to SCS. Staff will return to Council with an update on the Rental Assistance Program, contacts to CSA San Diego County related to landlord-tenant issues, and results received from outreach to rental properties. Such information will be presented in consideration offuture actions to further extend the Eviction Moratorium through September 30, 2020. DECISION-MAKER CONFLICT" Staff has reviewed the decision contemplated by this action and has determined that Councilmember McCann has a disqualifying conflict of interest under the Political Reform Act(Cal. Gov't Code§87100,et seq.) due to his ownership of' rental properties that may be foreseeably impacted by the proposed extension of the Eviction Moratorium Accordingly,staff is recommending that Councilmember McCann recuse himself from the vote on this item. 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. CURREN'T-YEAR FISCAL IMPACI 11 All costs associated with preparing this staff report are including in the fiscal year 2020-21 operating budget. ONGOING FISCAL IMPAC oil There is no ongoing fiscal impact as a result of this action. MYTACHMENTS None. Staff Contact:Leilani Hines,Housing Manager P �3ge 6 2020-07-14 Agenda Packet, Page 26 of 468 RESOLUTION of THE CITY COUNCIL of THE CITY of CH L VISTA RATIFYING EMERGENCY o E 005-2020 ISSUED BY THE CHULA VISTA DIRECTOR of EMERGENCY SERVICES (EFFECTI'V'E JULY 1 2020) AND EXTENDING THE CITY'S EVICTION MORATORIUM ORDINANCE (EMERGENCY ORDINANCE No. 4� ►- A) THROUGH JULY 319 2020 WHEREAS, a worldwide COVID-19 pandemic was declared by the World Health organization on January 30, 2020, and on. January 31, 2020, the United States Secretary of Health and Human Services also declared a Public Health Emergency as a result of the COVID-19 virus; and. EDEAS, various states of emergency were declared by the United States (March 13, 2020), the State of California (March 4, 2020), the County of San Diego (February 1.9, 2020), and the City of Chula Vista arch 17, 2020 pursuant to City Council Resolution No. 2020-065) because of the threat to public safety (to persons and property including both physical and economic harm) as result of the COVID-19 virus; and WHEREAS,S, on March 12, 2020, pursuant to California health and Safety Code sections 1.01.040, 120175, and 120175.5 (b) the Health officer of the County of San Diego "Health Officer") issued an order of the Health officer and Emergency Regulations (the "County order") closing certain businesses, prohibiting certain public and private gatherings, and restricting other activities in San Diego County as a result of the COVID-19 virus pandemic; and HEREAS, from March 18, 2020 through July 7, 2020, the Counter order has been amended and addended by the Health officer multiple times to include additional rubs and restrictions in an effort to furter promote public health and safety; and HEREAS, on March 1 , 2020, the City Council adopted Emergency ordinance No. 3484-A `'City Order"), which affirmed and adopted the Counter order and authorized the Director to expand or amend the City order to apply to additional businesses or circumstances pursuant to his or her independent judgment consistent with the authority provided in Chula Vista Municipal. Code section 2.14.0 o(F)(1); and WHEREAS, on March 19, 2020, the Governor of California issued Executive Order fN-33-20 which ordered, among other things, all. Californians to stay at home, with. limited exceptions ("State order 33-20"); and WHEREAS, the Governor of the State of California has stated that individuals may be temporarily unable to report to work due to illness caused. by COVID-19 or quarantines related to COVI: -1.9 and individuals directly affected by CoV:ID-1.9 may experience potential loss of income, health cage and medical coverage, and ability to pay Page I. of 5 2020-07-14 Agenda Packet, gage 27 of 468 for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, including shelters and food banks; and WHEREAS, in December 2019, over 50,000 new unemployment claims were filed with the California Employment Development Department and in a 12-day period since March 13, 2020, over 1000,000 Californians filed unemployment claims (https://www.usatoday.com/story/news/nation/2020/03/25/coronavirus-stimulus- unemployment-census-n-95-cruise-ship-wed-news/5081693002/); and WHEREAS, in consideration of the above facts and circumstances, and others set 1 20 forth therein, the Governor of the State of California, issued Executive Order N-28- (dated March 16, 2020), Executive Order N-37-20 (dated March 27, 2020) and Executive Order N-71-20 (dated June 30, 2020), pursuant to which the Governor imposed a statewide eviction moratorium and/or authorized local entities, including cities, to enact moratoriums to prevent evictions (including evictions from rental or leased residential or commercial property or as a result of judicial foreclosure) based on impacts related to the COVID-19 virus (collectively, the "Governor's Eviction Moratorium Orders"); and WHEREAS, as a result of the public health emergency and the precautions recommended and ordered by health authorities to address the health crisis of the COVID-19 pandemic, the City of Chula Vista, including its residents,, have also been negatively impacted; and WHEREAS, Chula Vista residents, particularly those within low wage and service industries, are left without work and are experiencing sudden and unexpected loss of income and health care. These households are at risk of maintaining housing and falling into homelessness and may have limited access to health care and therefore, at greater risk of exposure to infectious disease, such as COVID-19; and WHEREAS,, over 42% of the housing stock in the City of Chula Vista is rental housing; and 44% of all Chula Vista renters pay more than 50% of their income towards, housing costs (2011-2015 CHAS); and WHEREAS, 47% of Chula Vista's households are of lower income and earn 80% of the Area Median Income or less ($68,000 annual income for a family of four) and 46% of these households pay more than 50% of their income towards housing costs as renters and homeowners (2011-20 15 CHAS); and WHEREAS, even before the COVID-19 pandemic, there existed a lack of affordable housing in the State of California, including San Diego County (htt s //vvww. ov.ca. ov 2019/03/1 1/govemor-newsom,-announces-1egislative-proposals- to-confront-the-h.ousing-cost-crisis/); and WHEREAS,, given existing income levels of Chula Vista residents and the existing high cost of housing in an Diego County prior to the COVID-19 pandemic, any further reductions in income would further exacerbate existing housing affordability issues; and Page 2 of 5 2020-07-14 Agenda Packet, Page 28 of 468 WHEREAS, in consideration of the above facts and circumstances, and consistent with the Governor's Eviction Moratorium Orders, the City of Chula Vista adopted its own Eviction Moratorium on the terms set forth in Ordinance 3483A (the "City Eviction Moratorium") to provide eviction protections during this volatile period of time for vulnerable residents and commercial enterprises; and WHEREAS, Amendments to the City Eviction Moratorium were made on April 7, 2020 to remain consistent with Executive Order N-,37-20, provide greater clarity to tenants and landlords in implementing the eviction moratorium and protections provided thereby, and extend the moratorium through May 31, 2020; and WHEREAS, the City Manager, acting as the Director of Emergency Services, has additionally signed Order 03-2020 approving and adopting Eviction Moratorium Regulations (the "Regulations") to assist in implementing the City Eviction Moratorium, effective April 1, 2020; and WHEREAS, in light of the continuing adverse conditions in the community as a result of the COVID-19 pandemic, on May 26, 2020, the City Eviction Moratorium was amended to extend it through June 30, 2020; and WHEREAS, since the last extension of the City's Eviction Moratorium, the following has occurred: (1) The United States Department of Labor reported an insured unemployment rate of 12.4 percent as of June 27, 2020. Initial unemployment it claims totaled 1,399,,699 in the week ending July 4, 2020 compared to 231,995 initial claims, in the comparable week in 2019, representing a 503% increase. For the week ending June 20, 2020 California was among the highest insured unemployment rates in the nation at 16.7 percent, ranking the 6th highest(htt s://www.dol. oar/ui/data. d I (2) A study by San Diego Workforce Partnership reported that San Diego County may lose up to 350,000 jobs as a result of the COVID-19 virus (htt s://workforce.or /news/ +otentia.l-im a.ct-of-c vid-I -on-em 10 ent-in- say-dig go-count,v/ (3) As of July 2, 2020, SADAG reported the unemployment rate for the San Diego region at 14.8 percent, with roughly 250,000 unemployed people in the region, compared to about 50,000 pre-COVID. Chula Vista's unemployment rate (based on ZIP code) is higher than the region's, with, the unemployment rate varying between 16 and 19 percent (https://www.sandag.or, /uploads/publicatianid/publicationid 4685 2768768 I.pdf ); and (4) As of July 7, 2020, there were 289,468 confirmed cases in California, including 17,580 cases in San Diego County or 86% of the total cases and 399 deaths. The number of cases has continued to grow with, San Diego County placed on. the State"s monitoring list on July 6, 2020, with, San Diego County reporting 129.3 cases per 100,000 on July 6, 2020, well above the State's Page 3 of 5 2020-07-14 Agenda Packet, Page 2)of 468 metric of 100 per 100,0�O�0. Chula Vista's rates of infection have been among the highest in San Diego County, with 2,290 positive COVID-,19 cases as of July 6, 2020 and represents 13.6% of the County's cases. WHEREAS, with continued rising positive COVIN-1 9 cases in San Diego County and Chula Vista and placement of San Diego County on the State's monitoring list placing restrictions over the next few weeks, further economic impacts are anticipated to continue beyond June 30, 2020, leaving tenants (both commercial and residential) vulnerable to eviction; and WHEREAS, therefore, on July 1, 2020, the Chula Vista Director of Emergency Services issued Emergency Order No. 005-2020 extending the protections afforded to tenants and homeowners against eviction or foreclosure as set forth in Ordinance No. 3489-A of the City of Chula Vista until 12:00 a.m. on July 31, 2020 (the "DOE Order"); and WHEREAS, the action proposed by this Resolution would ratify the DOE Order and amend the City Eviction Moratorium to extend it through July 31, 2020; and WHEREAS, Staff intends to return to City Council on July 28, 2020 to consider whether or not to further extend the City Eviction Moratorium beyond July 31, 2020 based upon further information related to ongoing needed for tenant protections and impacts on the Chula Vista rental market-, and WHEREAS, In the interest of protecting the public health, preventing further transmission of COVID-19 within the community, preventing unnecessary housing displacement, protecting the City's affordable housing stock, preventing further hardship on commercial businesses, the City Council finds that it is, necessary, appropriate, and in the best overall, interests of the community to extend the City Eviction Moratorium; and NOW, THEREFORE, based on the facts, circumstances and findings set forth above, the City Council of the City of Chula Vista hereby resolves as follows: 1. Emergency Order 005-2020 of the Chula Vista Director of Emergency Services (Effective July 1, 2020), attached hereto as Attachment A, is hereby ratified and confirmed; and 2. Emergency Ordinance No. 3489-A is hereby extended through July 31, 2020; and 3. City staff is authorized and directed to take all necessary and appropriate measures to implement this action. Presented by Approved as to form by Page 4 of 5 2020-07-14 Agenda Packet, Page 30 of 468 Maria V. Kachadoorian Glen R. Googins City Manager/Director of Emergency Services City Attorney Page 5 of 5 2020-07-14 Agenda Packet, Page 31 of 468 DocuSign Envelope ID:9E6ED549-DE51-4832-89,FF-9244COBBOA2E EMERGENCY ORDER OF THE C LILA VISTA DIRECTOR OF EMERGENCY SERVICES [Order No. 005-20201 Effective Date: July 1, 2020 Pursuant to CV IC section 2.14.08,0 [Director—Powers and Duties], Chula Vista City Council Resolution No. 2020-065, and the Proclamation of State Emergency issued on March 4, 2020 by Governor of the State of! alifornia, the Chula Vista Director of Emergency Services ("Emergency Director"), hereby ORDERS AS FOLLOWS, Effective 12:01 a.m. on Wednesday, July 1, 2020: 1. The protections afforded to tenants and homeowners, against eviction or foreclosure as set forth in Ordinance No. 3489-A of the City of Chula Vista are hereby extended until 12:00 a.m. on July 31, 2020. 2. In addition to the proclamations and orders listed in the General Provisions, below, this Order No. 005-2020 is issued in accordance with, and incorporates by reference the findings set forth in, the following Executive Orders issued by the Governor of California: Order N-28-20, issued on March 16, 2020; Order N-37-20, issued on March 27, 2020; Order N-66-20, issued May 29, 2020; and Order N-71-20 issued June 30, 2020. 3,. This order may be expanded, interpreted,amended,or revoked pursuant to the independent judgment of the Chula Vista Director of Emergency Services,and in accordance with Chula Vista Municipal Code section 2.14.0 0.F.1, or by Resolution of the City Council. GENERAL PROVISIONS 4. This order is issued as a result of a worldwide COVID-19 pandernic declared by the World Health Organization on January 30, 2020 and a Public Health Emergency due to the COVID-19 virus declared by the United States Secretary of Health and Human Services on January 31, 2020. 5. As of the date of this order, the COVID-19 virus continues to represent a danger to the Chula Vista community to persons and property including both physical and economic harm), and has significantly impacted the City's personnel and financial resources. The actions required by this Order are necessary to protect the property and physical well- Page 1 of 2 2020-07-14 Agenda Packet, Page 32 of 468 DocuSigin Envelope ID:9E6ED549-DE a1-4832-89,FF-9244COBBOA,2E being of individuals and families adversely affected by the COVID-19 virus, to reduce the number of individuals that night otherwise be dislocated and left without adequate shelter, and/or more exposed to COVID-1 . . This Order is issued in accordance with, and incorporates by reference: the Proclamation of Local:emergency issued by the Chula Nista Director of:emergency Services on March 13, 2020; Chula Vista City Council Resolution No. 2020-065; Chula Vista City Council Emergency Ordinance No. 3484-A; Emergency Order 002-2020 of the Chula Vista Emergency Services Director; the Declaration of Local Health Emergency issued by the County of San Diego Health Officer on February 14, 2020; the County of San Diego Order of the Health Officer and Emergency Regulations (Effective 1'4'Iay 1 O, 2020); the Proclamation of a State of Emergency issued by the Governor of the State of California on March 4, 2020; Executive Order -33-20 issued by the Governor of the State of California on March 19,, 2020; COVID-19 guidance issued by the California Department of Public Health on including, but not limited to the Face Coverings Guidance issued.on April 1, 2020; the State of California's "Resilience Roadmap"; and Proclamation 9984 regarding COVID 19 issued by the President of the United States on larch 11, 2020. 7. This Order comes after the release of substantial guidance from the County of San Diego Health Officer, the California Department of Public Health, the Centers for Disease Control and Prevention, and ether public health officials throughout the United States and around the world. . With this Order, the Emergency Director is hereby exercising their independent judgment to make and issue rules and regulations reasonably related to the protection of life and property, pursuant to Chula Vista Municipal Code section 2.14.00.F.1, subject to confirmation of the City Council at time earliest practical time. SO ORDERED, BY: Approved as to form.- DocuSigned by: DocuuSicgned by: P JAz F4BBKABC8 14CO... CF4088 8 0444BF_ Maria V. I achadoorlan, Glen.R. Cloogins, City Manager/Director of Emergency Services City Attorney Page 2 of 2 2020-07-14 Agenda Packet, gage 33 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 14,2020 File ID: -0269 ,TITS RESOLUTION of THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (1) AUTHORIZING THE ACCEPTANCE OF A$452,979 HOMELESS EMERGENCY AID PROGRAM (HEAP) GRANT FROM THE REGIONAL TASK FORCE ON THE HOMELESS; APPROVING AGREEMENTS WITH THE REGIONAL TASK FORCE ON THE HOMELESS AND WITH NATIONAL CITY AND THE ALPHA,PROJECT TO IMPLEMENT THE CHHLA VISTA-NATIONAL CITY REGIONAL HOMELESS PROGRAM ANIS AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAME;AND 3)APPROPRIATING FUNDS THEREFOR 4/5 VOTE REQUIRED) RECOMMENDED171 Council adopt the resolution. SUMMARY In March 2019, the City of Chula Vista, in partnership, with the City of National City and Alpha Project, submitted a Homeless Emergency Aid Program (HEAP) funding application to the Regional Task Force on the Homeless (RTFH). In June 2020, the City received notification of the availability of the second year's grant award in the amount of $452,979 to continue the Chula Vista-National City Regional Homeless Program. In order to proceed with the program, the City must enter into its second-year agreements with the RTFH for the HEAP funds and the City of National City and Alpha Project for program implementation. This item seeks to formally accept the grant funds, authorize execution of the corresponding agreements, and appropriate the funds. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality pct (CEQA) and National Environmental Policy Act (NEPA). The activity is not a "Project" as defined under Section 15 78(b)(5) of the State CEQA Guidelines because the proposal consists of a reporting action, is not for a site-specific project(s) and will not result in a direct or indirect physical change in the environmental. Therefore, pursuant to Sect on15060(c) 3 of the State CEQA Guidelines the activity is not subject to CEQA.Linder NEPA,the activity is exempt pursuant to'Title 24,Part 58.34(a)(2)&(3), of the Code of Federal Regulations and pursuant to the U.S. Department of Dousing & Urban Development Environmental Guidelines. Thus, no further environmental review is necessary at this time. 1 . 0 0 1 P Ii1 2020-07-14 Agenda Packet, gage 34 of 468 BOARD/COMMISSION/COMMIT IIIrEE RECOMMENDATION Not applicable. DISCUSSION In 2018, the State of California enacted HEAP as part of California Senate Bill 8501, which provides $500 million in block grants to cities and counties to address homelessness throughout the State. HEAP funds provide one-time, flexible block grant funds to address immediate homelessness challenges, including prevention, criminal justice diversion programs to unsheltered individuals with mental health needs, and emergency aid. On January 31,2019,the San Diego RTFH,as the region's Continuum of Care (CoC ,released a Notice of Funding Availability (NOTA for an estimated $18.8 million of the region's HEAP funds to be allocated over a two-year period. HEAP Application and Award Chula Vista and National City, with its collaborative partners, applied for HEAP funding to replicate the current best practices of each city for implementation within both cities. The goal of the partnership is to provide a consistent, results-,based and multidisciplinary approach to serving the homeless including: • Coordinated outreach to include law enforcement and a social service provider; • Employment program- IN Bridge housing; and IN Transportation. In May 2019,the City received notification that the Chula Vista-National City partnership had been awarded $905,958 in HEAP funds over a two-year period. In September 2019, the City began implementation of its homeless strategy through the newly established South Bay Homeless Alliance. The City maximized its partnerships with existing agencies and programs with proven experience utilizing and performing under State and Federal grant programs. These partnerships have continued to work towards alleviating the effects of homelessness and addressing the short-term needs of those experiencing homelessness to foster long-term housing stability. Despite the challenges Covid-,19 presented during the first year, the team was able to adjust and overcome by redesigning its outreach efforts while adhering to the mandated social distancing requirements. Managing homelessness in our community is a complex issue that requires commitment, dedication and coordination that did not wane even during the current health crisis. Through the 2019/2020 efforts, the team continued to engage unsheltered individuals and families who were disconnected and estranged from mainstream services. Such efforts helped to establish supportive relationships, and enhanced the participation in the necessary services and support that are part of the journey towards movement off the streets. While the ultimate goal is to have an unsheltered person move into permanent housing,this does not define the success of the program. The complexity of each individual story requires unique steps towards stability in housing. Participation in each of those steps that may include obtaining an identification card,signing up for benefits, or seeking health care represents a"win" and a goal achieved. Each outreach touchpoint builds trust and relationships that allow our homeless to re-engage with P 12 2020-07-14 Agenda Packet, Page 35 of 468 a hope for healing,recovery and more stable housing. Below is a summary of the successes of the,first year of the,HEAP program. Act v1 Number,of Participants Outreach Touchpoints 671 2,04 Unduplicated Clients Hotel/Motel Vouchers 18 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Permanent Housin (City"tenant Based Rental Assistance) 6 Permanent I�ousin noun Pro'ect one for All � ermanent other 4 Transitional Bride Heosin 12 Transitional s 2 ...(Substance Abuse ............................... .................................. ....................................... ........................ ..... Toiai Clients served (o'uire'ach number unduplicated) 251 It is important to note that client participation, other, than outreach, requires the individual to have a permanent housing plan in place. For the purposes of this report, 47 persons transitioned or will be transitioning from the streets into permanent housing. At the conclusion of the fiscal year, $167,000 of the $452,979 of year-one HEAP funds remained unspent., This was due to a reduction in outreach staff time,resulting from the Covid19 social distancing mandate. As these funds do not carry over,the City presented the Regional Task Force on the Homeless with a proposal to utilize the funds in a one-time expense to purchase the shower/bathroom and laundry facilities to be used at the new Bridge Homeless Shelter - bringing the City closer to the development of the first South Bay shelter., For the second year HEAP funding, the City will continue to build on the successes of the first year of the program. Embedded within the outreach efforts are: (1) case managers housing navigators from Alpha Project; (2) an existing dedicated Psychiatric Emergency Response Team (PERT) member in Chula Vista; (3) officers of the Chula Vista Police Department's Homeless Outreach Team and officers of the National City Police Department Homeless Outreach Team; and (4) a County of San Diego Health and Human Services Eligibility Worker. In addition to its outreach activities, Alpha Project continues to provide case management services of unsheltered individuals and families in need of housing assistance and housing stabilization support services while they are successfully referred to,matched to,and/or enrolled in permanent housing programs. To address interim housing needs while participants are transitioning from homelessness to shelter and/or permanent housing, National City will receive approximately $25,000 to provide bridge interim housing placement with hotel/motel vouchers. The Chula Vista Housing Authority has committed in-kind contributions for unsheltered Chula Vista residents,providing one-time assistance to fund security deposits, short-term rental assistance for bridge or temporary housing stays using hotel/motel vouchers and/or ongoing rental assistance for permanent housing. While the HEAP Grant award amount is $452,979, the total program budget is $1,487,979. This amount is inclusive of the cities11 contribution of $765,,000 from Chula Vista and $270,000 from National City respectively,and is itemized below: P3 2020-07-14 Agenda Packet, Page 36 of 468 HEAP Chula este National City Lione Item Budget Lione Item Funding (Alternate) (Alternate) Total Fundin Fundin Alpha Project-Direct Costs $64)571 $0 $0 $641571 Alpha Project-Indirect Costs $340,328 $0 $0, $340328 National City Police Department HOT $0 $0 $12,0)000 $120p000 -Staff Time Chula Vista Police Department HOT $0 $250)000 $0 $2501000 StaffTime, Chula Vista Housing Division Staff $22)649 $25,000 $0, $47p649 Jime Hotel/Motel Voucher Program $25)431 $50)000 $0 $751431 Tenant-based Rental Assistance $0 $400)000 $150)000 $5501000 Program Fatal (by Funding Source) E $452,979a $725,000= $270,000 $1,447,979 Through this action, staff is seeking Council's approval to accept the $452,979 in year-two HEAP funds awarded by the RTFH,authorization for the City Manager to execute documents to obtain the grant,approval of a HEAP Funding Agreement with the RTFH, a 3-Party Agreement between the City, Alpha Project and National City, and appropriation of funds, all of which are necessary to implement and administer the program. DIECISIOM-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Govt Code§8,7100,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. CURREN""I",-YEAR FISCAL IMPACT There is no fiscal impact to the General Fund as a result of this action. The activities to be undertaken are funded through the HEAP Grant and are fully reimbursable from the Regional Task Force on the Homeless. ONWING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund, because all costs associated with the administration of the associated HEAP Grant Agreement and funded activities is covered by the grant. ATTACHMENTS 1. Agreement with the Regional Task Force on the Homeless and the City of Chula Vista 2. Agreement with City of Chula Vista, City of National City and Alpha Project Staff Contact:Ange'lica Davis, DSD-Housing Sr Management Analyst P 4 2020-07-14 Agenda Packet, Page 37 of 468 ISESOLUTION No. RESOLUTION of THE CITY COUNCIL of THE CITY of CHULA V (1) AUTHORIZING THE ACCEPTANCEISTA: OF A $ ,979 HOMELESS, EMERGENCY AID PROGRAM (HEAP) GRANT FROM THE REGIONAL TASK FORCE ON 'THE HOMELESS; (2) APPROVING AGREEMENTS WITH 'THE REGIONAL TASK FORCE ON THE HOMELESS AND WITH NATIONAL. CITY .AND THE ALPHA PROJECT To IMPLEMENT THE CHULA VISTA-NATIONAL CITY REGIONAL HOMELESS PROGRAMS AND (3) APPROPRIATING FUNDS THEREFOR WHEREAS, in 201 8,, the State of California enacted the Homeless Emergency Aid Program(HEAP)as part ofCalifornia Senate Bill 850,which provides$500 million in block grants to cities and counties to address homelessness throughout the state; and WHEREAS, HEAP funds provide one-time flexible block grant finds to address immediate homelessness challenges, including prevention, criminal justice diversion programs to homeless individuals with mental health needs, and emergency aid, and WHEREAS,in accordance with HEAP regulations,this funding must be allocated through each community's Continuum of Care CoC), a federal program, administered by the San. Diego Regional Taskforce on the Homeless (RTFH), that promotes community-wide planning and. strategic use of resources to address homelessness; ars HEREAS,, on January 3 1, 2019, the RTFH released a Notice of Funding Availability (NOFA) for an estimated $18.8 million to be allocated over a two-year period to solicit proposals for HEAP funds from eligible organizations, with a March 18, 2019 deadline; and HEREAS,, the City, as the lead applicant, with its collaborative partners, the City of National City and Alpha Project applied for HEAP funds over a two-year period; and, WHEREAS, on May 31, 2019, the RTFH notified the City of its award of$452,979 i HEAP funds for its first year; and, WHEREAS, on June 23, 2020, the RTFH notified the City of its eligibility to receive the second-year allocation of$452,979; WHEREAS,in order to receive the $452,979 in second-year HEAP funds from.the RTFH, the City must enter into an Agreement with theRTFH; and WHEREAS, a 3-Party Agreement among the City, National City and Alpha Project also is required to implement and administer the program.. 2020-07-14 Agenda Packet, gage 38 of 468 Resolution No. 2020- Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts a $452,979 HEAP grant for year two from the Regional Task Force on the Homeless; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes and directs the City Manager or designee to execute documents necessary to obtain the grant; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the agreements between the City and the Regional Task Force on the Homeless and among the City, National City and the Alpha Project, to implement the Chula Vista-National City Regional Homeless Program, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager or designee to execute same; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates funds, specifically $22,649 to Personnel and $430,330 to the Supplies and Services, categories of the Housing Authority Fund from the HEAP grant award. Presented by Approved as, to form by TIFFANY ALL GLEN R. GOOGINS Director of Development Services City Attorney 2020-07-14 Agenda Packet, Page 39 of 468 Regional Task Force on the Homeless Agreement Number San Diego City and County CoC - 601 RTFH: HEAP-2020-COC-01 SUBCONTRACTOR AGREEMENT Homeless Emergency Aid Program (HEAP) Year Two %.p This Agreement is entered into between the Regional Task Force on the Homeless (RTFH),, and the (subcontractor) City of Chula Vista The term of this agreement is: June 1, 2020 through May 31, 2021 The maximum amount of this Grant Agreement is: $452,979 The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made as part of the Agreement: Exhibit A: Authority, Purpose and Scope of Work Exhibit B: Budget Detail and Payment Provisions Exhibit C: Terms and Conditions Exhibit D: Special Terms and Conditions IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. Subcontractor's Name: City of Chula Vista By(Authorized Signature) Date Signed Maria Kachadoorian,, City Manager Printed Name and Title of Person Signing 276 Fourth Ave Chula vista l Ca 91910 Address REGIONAL TASK FORCE ON THE HOMELESS By(Authorized Signature) Date Signed 0." Tamera Kohler, Chief Lxecutive Officer Printed Name and Title of Person Signing 4699 Mulph,yCan,yon Road fan Diego, Ca 92123 Address 2020-07-14 Agenda Packet, Page 40 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT Authorit Pu ose and Sco e of Worl Homeless Emergency Aid Program H E A� 1. Author t Pursuant to Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 481 Statutes of 2018), the State has established the Homeless Emergency Aid Program ("HEAP" or `the Program" or `the Grant"). The Program is administered by the California Homeless Coordinating and Financing Council ("'Council") in the Business, Consumer Services and Housing.Agency("'BCSH"). The Regional Task Force on the Homeless ("RTFH") is the recognized Administrative Entity for the San Diego City and County Continuum of Care (Cod"), as provided for by HEAP and defined in the September 5, 201 HEAP Notice of funding Availability(NOFA) to Co 's to address their immediate homelessness challenges. The Subcontractor.Agreement along with all of its exhibits ("Agreement") is entered into by the RTFH and the Subcontractor under the authority of, and in furtherance of the Program's purpose. In signing this .Agreement, and thereby accepting this award of funds, the Subcontractor agrees to comply with the terms and conditions of the .Agreement, the Request for Proposals ("'RFP") under Which the Subcontractor applied, the representations contained in the Subcontractors application, and the requirements of the authority cited above. 2. Pur The general purpose of the Program is to pass through one-time block grant funding to address the immediate emergency needs of homeless individuals and individuals at imminent risk of homelessness in the service area of the Subcontractor. In accordance with the authority cited above, an application was made by the Subcontractor for HEAP funds to be allocated for eligible uses under the grant, which include, but are not limited to, the following. services, rental assistance or subsidies, capital improvements and homeless youth. activities. 3. Definitions Terms herein shall have the same meaning as the definitions set forth in the HEAP RFP, which is fully integrated and shall be interpreted to be fully set forth herein as part of this .Agreement. �. Sco f Work The Scope of Work ("Work") for this .Agreement shall include one-time uses that are consistent with Chapter 5 (commencing with Section 5021 of Part 1 of.Division 1 of the Health andSafety Code, andall ether relevant provisions established under SB 850 2020-07-14 Agenda Packet, gage 41 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT A (Chapter 48, Statutes of 2018), for eligible uses, which include, but are not limited to, one or more of the following: A. Services; B. Rental Assistance or Subsidies-, C. Capital Improvements; D. Homeless Youth Set-Aside; E. Administrative Costs; and F. Other. 5. 'Agency Contract Coordinator The RTFHs Contract Coordinator for this Agreement is the RTFH Grants Manager or designee. Unless otherwise instructed,, any notice, report or other communication requiring the Subcontractor's signature for this Agreement shall be mailed by first class mail and email to Heidi Kone, Grants and ContractsManager at the following address: Regional Task Force on the Homeless 4699 Murphy Canyon Road San Diego, CA 95642 he,id'i.kone6ixtffir�"(] 6. Subcontractor's Contract Coordinator The Subcontractor's Contract Coordinator("Authorized Representative") for this Agreement is listed below. Unless otherwise informed, any notice, report or other communication required by this Agreement will be mailed by first class mail and email to the Subcontractor's Contract Coordinator at the following address: Subcontractor's Angelica. Davis, St Management Analyst Authorized Representative Name: Address: City of Chula Vista,Neighborhood Services 276 Fourth Ave Chula Nista, Ca. 91910 Phone: 619-691-5036 Email: adavis_@chulavista.g 0-v 3 2020-07-14 Agenda Packet, Page 42 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT Effective Date, Term of Areement, and Deadlines A. This Agreement is effective June 1, 2020, upon approval by both the RTFH and the Subcontractor as listed on page one, lover left section, the Subcontractor Agreement,, and signed by all parties. B. One hundred percent of the program funds must be expended by May 31, 2021. Any funds not upended by that date shall be returned to the RTFH and further returned to BOSH and will then revert to the General Fund. (See Health and. Safety Code Section 50215). 7. Special, Conditions The RTFH reserves the right to add any special conditions to this Agreement that the RTFH deems necessary to ensure the goals of the program are achieved, or if additional conditions or requirements are added by the State of CA. [Detailed Scope of work is on following page s, 2020-07-14 Agenda Packet, gage 43 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT Detailed. Scope of Work The REAP funding will be used for the provision of street outreach services. HEAP funding will also be used for the provision bridge interim housing placement with hotel/motel vouchers and client supplies. Client supplies includes, but is not limited to, water, snacks, hygiene supplies and other needed and other critical items. The Subcontactor, City of Chula Vista, and subrecipient, Alpha Project, a partnering agency, will provide two, two-person teams (four total), one in Chula Vista and another in National City. .Alpha will incline a supervisor to oversee the collaboration efforts with both jurisdictions. The program will provide street outreach to Soo unduplicated persons experiencing homelessness in the City of Chula Vista and.National City and motel/hotel vouchers to 55 individuals. Through the Homeless Emergency Assistance Program, the activities include engagement and housing navigation intended to provide the following assistance. outreach and Engagement of homeless individuals and families who may be disconnected and estranged from mainstream services. outreach services can help to establish supportive relationships and enhance the possibility that participants will access necessary services and supports that will help them move off the streets; Case Management of homeless individuals and families in need of housing assistance; and, Housing-focused Case Management and Supportive Services for homeless individuals and families in need of housing assistance and housing stabilization services while they are successfully referred to, matched to, and/or enrolled in permanent housing programs. CES Housing.Navigation for Individuals and Families should fit seamlessly with the other CES Program components: Regional & outreach Coordination, Rapid Re-Housing, and Bridge Housing. Chula Vista and National City will ensure placement for each two-person tears within the city limits of the respective jurisdiction, 8 hours per day or 40 hours per weep, with occasional nights and weekends based upon availability and/or need as mutually agreed upon by all parties. (All. holidays observed by the city may be excluded, if desired by Contractor). Each team shall be comprised of one member that may possess bilingual (English, Spanish) language shills and one which is a social worker, with minimum qualifications for the social worker to include; a bachelor's degree in Social wort , Psychology or other behavioral health disciplines and/or three (3) years; with a preference of a master's degree in Social Work and/or five (5) years' experience providing case management services. Program shall abide by the strategies set forth in the Cities of Chula Vista and.National City's Homeless Response plan, as may be adopted by the respective City Councils, which tales a 5 2020-07-14 Agenda Packet, gage 44 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT A community focused, collaborative and person-centered approach to addressing the needs of the homeless residents within the Cities of Chula Vista and National City. All efforts and interactions should be focused both on assisting individuals to resolve their homeless situation in a manner that is respectful, dignified, culturally competent, trauma informed, and supportive while also meeting the needs for public safety and health. Provide street outreach activities to include but not limited to the following and primarily focused on supporting individuals with accessing permanent or temporary housing: Locate, identify, and build relationships with individuals experiencing homelessness who are unsheltered and engage them for the purpose of providing immediate support, linkages to services, diversion and intervention, and connections with housing navigation resources aimed at ending homelessness. The Cities of Chula Vista and National City will collect and report participant-level data, project services/activities, numbers of households assisted, and project outcomes through the Homeless Management Information System (HMIS) and any other additional client assessment and tracking tools as may be required by Regional Taskforce on the Homeless. Services shall fully participate in the San Diego region's CES and will specifically use a By Name List to prioritize and target individuals for services and manage caseloads. Provide case managed services at designated city facilities or community sites or with a member of the Homeless Outreach Team, and travel to city sites where these services are needed. As part of the Scope of Work between the City of Chula Vista, City of National City Agreement, Alpha Project will: Work collaboratively with Cities of Chula Vista and National City Homeless Outreach Teams, other service providers, and community partners to identify homeless individuals in need of case management services and engage such persons, including participation in dedicated outreach efforts, clean-up of encampments, assistance with "No Trespass"notices, and acceptance of referrals from the Homeless Outreach Teams will maintain corgi municationl both written and verbal, with the City of Chula Vista DSD Housing Division and City of National City Neighborhood Services Department. Attend regularly scheduled coordination meetings to review caseload, referrals and services/programs in coordination with regional efforts. Participate in Cities of Chula Vista and National City Homeless Outreach Team or other community meetings in support of the Homeless Response Plan,, to provide education and assist businesses and residents with homeless related issues or case management duties, as needed. 6 2020-07-14 Agenda Packet, Page 45 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT A Identify gaps in homeless services and assistance needs in Chula Vista and National City and develop recommendations for community and program improvements in support of the Homeless Response Plan. Work with the City of Chula Vista DSD Housing Division and City of National City Neighborhood Services Department to maximize partnerships with service providers, community organizations and individuals to cultivate resources and stay connected to the changing needs of the community. Complete accurate and thorough documentation in a timely manner. Maintain data on each program participant and program milestones and provide required reports along with the monthly invoice for payment. Fumish all general office supplies, printing costs and postage associated with normal office and service operations related to case management duties. Outcome Table HEAP Unduplicated Unduplicated Number of Number of Number of Program number of number of at instances of unsheltered homeless Area(s) homeless risk of services homeless persons persons homelessness persons being entering assisted persons sheltered permanent assisted housing Outreach 500 0 500 0 30 Hotel/motel 55 0 0 55 0 Voucher 7 2020-07-14 Agenda Packet, Page 46 of 468 SUBCONTRACTOR AGREEMENT EXIT B Bud et Detail and Payment Provision s 1. Buil. et Detail, The ► ubcontra.ctor agrees that REAP funds shall be upended on one-time uses that address immediate homelessness challenges. Consistent with the application submitted by the Subcontractor in March 2019, the RTFH shall award funds in the form of a grant for the following eligible activities. A. Capital Improvements: $ o B. Services. Other than Homeless Youth. Set-Aside $ 4521979 C. Rental Assistance or Subsidies. $ o D. Homeless Youth. Set-Aside. $ o E. Administrative Costs: $ o F. other TOTAL HEAP AWARD AMOUNT: 4529979 Detailed.Budget breakdown is on following page(s) 8 2020-07-14 Agenda Packet, gage 47 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT B Itemized Bud et Details HEAP Year Two Budget Expenses-'dear 2 Agency I - Agency 2— HEAP HEAP-Alpha P roj ect Personnel* $22fi49.00 $340X8.00 Hotel/Motel Vouchers $ 5,431,00 Office Supplies $4996.00 �Insurance $1000.00 Building Lease $5,500.00 Taxes, Licenses (HMIS) fees $2i375.00 �Equipment Rental $2,400.00 �Professional Services-Audit, Legal $1 i500.00 Technology $6,300.00 �Tran sportation/Travel $20,500.00 �Client Supplies $1000.00 �Painting $100.00 .�Total 1$22,649.00 $430,330.00 $452,979.00 Budget Narraflye Personnel,: The majority of funds ($362,977) will be allocated to Personnel expenses (salary plus benefit costs). This includes $22,,649 for the City of Chula Vista to cover a portion of the Management Analyst staff costs associated with the grant administration including; but not limited to fiscal oversight and contract compliance. The remaining amount of$340,328 will be allocated to the Alpha Project to fund five positions: four Mobile Case Managers/Housing Navigators and one Supervisor. Fringe benefits are included for each staff member. The City of Chula Vista leveraged these funds with $300,000 of non-HEAP funds to cover additional staff time from the Housing Division and the Chula Vista Police Department HOT team members. In the same matter, National City also funded a National City Police Department Hot team member. Client financial assistance: A total of$25,431 will be utilized to address interim housing needs while participants are transitioning from homelessness to shelter and/or permanent housing. This amount was set aside for National City to provide bridge interim housing placement with hotel/motel vouchers. The Chula Vista Housing Authority committed in-kind contributions for those unsheltered Chula Vista residents to include a maximum of$501000 for one-time assistance to fund security deposits and/or short-term rental assistance for bridge or temporary housing stays hotel/motel vouchers rental subsidies. In addition, Chula Vista and National City 9 2020-07-14 Agenda Packet, Page 48 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT B leveraged $570,000 of non-HEAP funds for ongoing rental assistance for permanent housing (Chula Vista - $450,000,National City- $120,000). Office supplies: $4,996 including paper, pens, file folders, uniforms Insurance: $10,000 Cost of insurance coverage including commercial vehicle and liability coverage Building Lease: $5,500 Portion of office lease cost Taxes, Licenses (HMI.S): $2,375 Fees, License expense for mandated access/reporting in Clarity Eguipment Rental: $2 400 Lease expense for copy and fax machines Professi*onal Services: $1,500 (Audit, Legal): Portion of expense for required annual financial audit Technolou: $6,300 Cost of computers, cell phones and monthly billing for phones T ran sport tion/Travel: $20,000 Gas and maintenance for transportation vehicle Client Supplies: $101000 Supplies including: water, snacks, hygiene supplies and other needed and other critical items Pri $1,000 Expenses for printing of materials and copies for client files Operations: A total of$64,571 has been set aside to support the general operations of the program. This includes: 10 2020-07-14 Agenda Packet, Page 49 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT B 2. General, Conditions Prior to Disbursement General Requirements—All Subcontractors must submit the following forms prior to REAP funds being released: A. Request for Funds Form (RFF); B. One original copy of the signed Subcontractor Agreement C. Any other documents, certifications, or evidence requested by the RTFH as part of the HEAP application. D. Monthly Programmatic Report 3. lExpenditure of Funds Specific requirements and deadlines for contractually obligating and expending awarded funds are defined in the HEAP statues. Health and Safety Code Section 50214 and 50215 mandate the following: A. No more than five (5) percent of HEAP funds may be used for administrative costs related to the execution of eligible activities. B. One hundred percent of HEAP funds shall, be expended by May 31, 2021. The RTFH staff will provide ongoing technical assistance and training to support the Subcontractors in successfully complying with these deadlines. Even if it is for an eligible use under the agreement, the RTFH HEAP funds for Year Two may not be expended prior to June 1, 2020. The Program funds shall be expended in compliance with the requirements set forth in Chapter 5 of Part I of Division 31 of the Health and Safety Code and all-over relevant provisions established under SB 850, the REAP RFP1 and these contract terms and are eligible in your scope of work and budget of this Agreement. 41. Reimbursement of Funds The HEAP funds will be reimbursed to the Subcontractor upon receipt, review, and approval, of monthly completed Programmatic Reports and RFRs by the RTFH. The RFR must include the required documentation of activities and expenses of funds for expenditure under each eligible use in the approved budget. HEAP funds will be reimbursed Monthly. 2020-07-14 Agenda Packet, Page 50 of 468 SUBCONTRACT AGREEMENT EXHIBIT B 5. Bud2et Chan, es After the effective date of this Agreement, the Subcontractor agrees that no changes shall be made to the Subcontractor's HEAP budget, funded homeless service providers, or eligible activities listed in the RFF without first obtaining written approval from the RTFH. Any changes to this Agreement must be requested by the Subcontractor in writing. Changes must be approved in writing by the RT ill. 60 Ineh2ible Costs HEAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code Section 50214, the RTF H RFP1 and are identified in your scope of work and budget of this agreement. The RTFH reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Agreement. If the Subcontractor or its funded subrecipients use HEAP funds to pay for ineligible activities, the Subcontractor shall be required to reimburse these funds to the RTFH. A. An expenditure which is not authorized by this Agreement, or which cannot be adequately documented, shall be disallowed. B. The RTFH, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HEAP funds. 7. Administrative Costs The Subcontractor must comply with Health and Safety Code Section 50214, which limits administrative costs related to the executive of eligible activities to no more than five percent of HEAP funds. For purposes of this Program, "administrative costs" does not include staff costs directly related to carrying out the eligible activities described in the budget and scope of work. 12 2020-07-14 Agenda Packet, Page 51 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT C Terms and Conditions Homeless Emergency Aid Pro rarra (REAP) I. Effective Date, Commencement of Work and Completion, Dates A. This Agreement is effective upon approval by the RTFH, which is indicated by the signature provided by the RTFH in the lower left-hand comer of page one of the Subcontractor Agreement, when signed by all parties. The Subcontractor agrees that the work shall be completed by the expenditure date specified in Exhibit A. B. The RTFH must contractually obligate no less than fifty percent of HEAP funds by January 1, 2021 for Year Two. One hundred percent of REAP funds shall be expended by the RTFH by June 30, 2021. Any funds not expended by June 30, 2021 shall be returned to BCSH and revert to the General Funa. "Obligate" means that the RTFH has placed orders, awarded contracts, received services, or entered similar transactions that require payment from the Grant amount. "Expended" means all HEAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. C. The Subcontractor agrees that the work shall be completed by the expiration date specified in Exhibit A, Paragraph 6 and that the Scope of Work will be provided for the full term of this Agreement 2. Termination and Closeout A. The RTF R may terminate this Agreement at any time for cause by giving a minimum of 30 days' notice of termination, in writing, to the Subcontractor. Cause shall consist of: violations of any terms or conditions of this Agreement, or any breach on contract as described in Paragraph 7; violation of any Federal or State Laws or Regulations; or withdrawal of the RTFR's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by the RTFH, any unexpended funds received by the Subcontractor shall be returned to the RTFH within thirty days of the Notice of Termination. B. This Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or 13 2020-07-14 Agenda Packet, Page 52 of 468 SUBCONTRACTOR AGREE11v' ENT EXIT C State of California governments, which may affect the provisions, terms, or funding of this .Agreement in any manner. C. Closeout will occur upon termination of this Agreement, in whole or in part for any reason including completion of the project, the following provisions may apply: 1. Disposition of program assets (including the return of all unused materials, equipment,unspent cash advances, program income balances, and accounts receivable to the RTFR); 2. The Subcontractor shall submit within thirty(30) days after the date of expiration of thisAgreement, all financial, performance and tether reports required by this .Agreement, and in addition, will cooperate in a program. monitoring visit by the R.TFH or its designee; and 3. Closeout of funds will not occur unless all requirements are met and all outstanding issues with the Subcontractor have been resolved to the satisfaction of the RTFH. The Subcontractors obligation to the RTFH shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to. making final payments, disposing of programa assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the RTFH), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Grantee has control over HEAP funds, including program income. 3. Transfers The Subcontractor may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of the RTFH and a formal amendment to this .Agreement to affect such subcontract or novation. 4. Subcor tractor"s Application, for Funds The Subcontractor has submitted to the RTFR an application for HEAP fundis to provide urgently needed emergency assistance to homeless people in communities with a declared shelter crisis or applicable waiver as authorised by Health and Safety Code Section 0212(b . The Subcontractor is entering into this .Agreement on the basis of, and in substantial reliance upon, the Subcontractor's facts, information, assertions and representations contained in that.Application, and in any subsequent modifications or additions thereto approved by the 14 2020-07-14 Agenda Packet, gage 53 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT C RTFH. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. The Subcontractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of the Subcontractor's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the RTFH approval, reimbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then RTF R may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 5. Administrative Reguirement for Fl*nancl*al Management A. Accounting Standards: The Grantee agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles: The Grantee shall administer its program in conformance with 2 CFR 200 as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 6. Reporting/Audits A. The Subcontractor shall submit monthly programmatic reports due on or before the 15th of the following month: Period of Time Due to RTFH no later then June I - June 30 7/15/2020 July I - July 31 8/15/2020 Aug I - Aug 31 9/15/2020 Sept I — Sept 30 10/15/20 Oct I —Oct 31 11/15/20 Nov I —Nov 30 12/15/20 Dec I —Dec 31 01/15/21 Jan I —Jan 31 02/15/21 Feb I — Feb 28 03/15/21 Mar I —Mar 31 04/15/21 April I —April 30 05/15/21 May I —May 31 06/15/21 B. The monthly reports shall contain a detailed report containing the following: 15 2020-07-14 Agenda Packet, Page 54 of 468 SUBCONTRACTOR AGREE11v' ENT EXIT C 1. Amount of award with activity(ies); 2. Contract expenditures; 3. Unduplicated number of homeless persons or persons at imminent risk of homelessness served; . -Number of instances of service (defined in September 5, 2018 HEAP N FA); 5. Increases in capacity for new and existing programs. . The number of unsheltered homeless persons becoming sheltered; and 7. The number of homeless persons entering permanent lousing. Breakdowns will be expected for each activity(i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U. S. Department of dousing and UrbanDevelopment (HUD): 1. Chronically homeless 2. Homeless veterans 3. Unaccompanied homeless youth. . Homeless persons in families with children. Counts by subpopulation will not be required in cases where that information is unavailable,but it is expected in cases where client information is entered in a Homeless Management System (HMIS). Additional breakdowns for other subgroups (e.g. race, ethnicity, disability status, etc.) are optional, if the Subcontractor chooses to include them. The Subcontractor will also be asked to comment on the following: I. Progress made toward local homelessness goals; 2. The alignment between HEAP funding programs and"Housing First'principles adopted by the Homeless Coordinating and Financing Council; and 3. .Any other effects from HEAP funding that the Subcontractor would life to share (optional). C. The RTFH reserves the right to perform or cause to be performed a financial audit. .At the request of the R.TFH, the Subcontractor shall provide, at its own expense, a financial audit prepared by a certified public accountant. HEAP .dm n str .t ve fundis may be used to fund this expense. 1. If a financial audit is required by the R.TFH, the audit shall be performed by an independent certified public accountant. 1 2020-07-14 Agenda Packet, gage 55 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT C 2. The Subcontractor shall notify the RTF H of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the RTF H to the independent auditor's working papers. 3. The Subcontractor is responsible for the completion of audits and all costs of preparing audits. 4. If there are audit findings, the Subcontractor must submit a detailed response acceptable to the RTF H for each audit finding within 90 days from the date of the audit finding. 7. Retention, and Inspection of Records A. The Subcontractor agrees that the RTFH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Subcontractor agrees to provide the RTF H or its designee with any relevant information requested. The Subcontractor agrees to permit the RTF H or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other materials that may be relevant to a matter under investigation for the purpose of determining compliance with the Chapter 5 of Part I of Division 31 of the Health and Safety Code, along with all other applicable requirements established under SB 850, HEAP program guidance document published on the website, and this Agreement. B. The Subcontractor further agrees to retain all records described in Paragraph A for a minimum period of five (5) years after the termination of this Agreement. 1. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 8. Breach and Remedies A. The following shall each constitute a breach of this Agreement: I The Subcontractor's failure to comply with the terms or conditions of this Agreement; 2. Use of, or permitting the use of, HEAP funds provided under this Agreement for any ineligible activities; and 3. Any failure to comply with the deadlines set forth in this Agreement. 17 2020-07-14 Agenda Packet, Page 56 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT C B. In addition to any other remedies that maybe available to the RTF,H in law or equity for breach of this Agreement, the RTFH may: 1. Bar the Subcontractor from applying for future HEAP funds; 2. Revoke any other existing HEAP award(s) to the Subcontractor; 3. Require the return of any unexpected HEAP funds disbursed under this Agreement; 4. Require repayment of HEAP funds disbursed and expended under this Agreement; 5. Require the immediate return to the RTFH of all funds derived from the use of HEAP funds including, but not limited to recapture funds and returned funds; 11 6. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HEAP requirements; and 7. Seek such other remedies as may be available under this Agreement or any law. C. All remedies available to the RTF H are cumulative and not exclusive. D. The RTF H may give written notice to the Subcontractor to cure the breach or violation within a period of not less than 30 days. 9. WaNers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the RTFH to enforce at any time the provisions of this Agreement, or to require at any time the performance by the Subcontractor of these provisions, shall in no way be construed to be a waiver of such provisions, nor to affect the validity of this Agreement or the right of the RTFH to enforce these provisions. 10. Nondi*scriminaflon During the performance of this Agreement, the Subcontractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability(including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. The Subcontractors and its subcontractors shall ensure that the elevation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Subcontractor or its subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Government Code section 12990 (a-f) et seq.) and the 18 2020-07-14 Agenda Packet, Page 57 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT applicable regulations promulgated thereunder(California Code of Regulations, Title ?, section 7285 et seq. . The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Subcontractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 11. Con' ct of Interest All participants are subject to State and Federal conflict of interest laves, in addition to the RTFH Policy on conflicts of interest. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and 87100, Public Contract Code sections 1041 o and 10411. A. Current State Employees. No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition. of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide ,goods or services. B. Former State Employees. For the two-year period from the date he or she left State employment, no former State officer or employee may eater into a contract in which. he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in. any capacity by any State agency. For the twelve-month period from the date he or she left the State employment, no forgoer State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to this or her leaving State service. C. Employees of the Subcontractor: Employees of the Subcontractor shall comply with. all applicable provisions of law pertaining to conflicts of interest, including but not limited to, any applicable conflict of interest provisions of the California Political Reform Act, Government Code section 87100 et seq. 19 2020-07-14 Agenda Packet, gage 58 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT C 12. Drui!-Free Workplace Certiflcation, Certification of Compliance: By signing this Agreement, the Subcontractor, and its subcontractors, hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors,, or subcontractors for violations, as required by Government Code section (8355(a)(1). B. Establish a Drug-Free Awareness Program, as required byGovernment Code section 8355(a)(2) to inform employees, contractors, or subcontractors about all of the following: 1. The dangers of drug abuse in the workplace; 2. The Subcontractor's policy of maintaining a drug-free workplace; 3. Any available counseling, rehabilitation, and employee assistance programs; and 4. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. C. Provide, as required by Government Code section 8355(a)(3), that every employee and/or subcontractor who works under this Agreement: 1. Will receive a copy of the Subcontractor's drug-free policy statement, and 2. Will agree to abide by terms of the Subcontractor's condition of employment or subcontract. 13. Child Support Compliance Act For any Contract or Subcontract Agreement in excess of$100,,000, the Subcontractor acknowledges in accordance with Public Contract Code 7110, that: A. The Subcontractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. To the best of its knowledge, the Subcontractor in full compliance with the earnings assignment orders of all employees and is providing the names of all new employees 20 2020-07-14 Agenda Packet, Page 59 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT C to the New Hire Registry maintained by the California Employment Development Department. 1 . Speci*al Condiflons—Contractors/Subcontractor The Subcontractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of the RTFH prior to the disbursement of funds. The Subcontractor shall ensure that all of its subcontractors are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of REAP funds. Failure to comply with these conditions may results in termination of this Agreement. A. The Agreement between the RTFH and the Subcontractor and any of its subcontractors shall require the Subcontractor and its subcontractors, if any, to: 1. Perform the work in accordance with Federal, State and Local housing and building codes, and Board-adopted RTFH policy, as applicable. 2. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. 3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Subcontractor or any of its subcontractors in performing the Work or any part of it. 4. Agree to include all the terms of this Agreement in each subcontract. 15. Compliance with State and Federal Laws, Rules, Guidelines and Re2ul,aflon,s The Subcontractor agrees to comply with State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection,, equal opportunity, fair housing, RIPAA and other confidentiality requirements with regard to expectation of privacy, and all other matters applicable and/or related to the HEAP program, the Subcontractor, its subcontractors and all eligible activities. The Subcontractor shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. The Subcontractor shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work. This includes, but is not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Subcontractor shall provide copies of permits and approvals to the RTFR upon request. 21 2020-07-14 Agenda Packet, Page 60 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT 16. Inspections A. The Subcontractor shall inspect any work performed hereunder to ensure that the work is and will be performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement. B. The RTFH reserves the right to inspect any work performed hereunder to ensure that the work is and will be performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement. C. Based on such inspections, the Subcontractor agrees to rewire that all work determined not to conform to the applicable requirements be corrected and to withhold payments to the subrecipients or subcontractor until it is corrected/. 17. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the RTFH, shall not affect any other provisions of this Agreement and the remainder of this .Agreement shall remain in full farce and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. B. The Subcontractor shall notify the RTFR immediately of any claim or action. undertaken by or against it, which affects or may affect this .Agreement or the RTFH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the RTFH. C. This Agreement shall be interpreted under the laws of the State of California. Venue for any litigation involving the RTFH or this .Agreement shall be the County of San Diego. 18. Indemnification Except to the extent resulting from RTFH's gross negligence or willful misconduct in connection with RTFH's performing its obligations under this Agreement, Subcontractor shall indemnify, defend, save, and hold harmless the RTFH, its officers, Board members, employees, and affiliates, its member agencies and their officers, Board members, employees and affiliates (collectively the "Indemnified parties") from and against any and all demands, costs, claims, causes of action, suits, fines, penalties, injuries, damages, inclining without limitation,personal injury damage (inclining death), damage to property, and any and all sures paid for settlement of claims, losses, liabilities (including, but not limited to, strict liability),judgments, and expenses (inclining, without limitation, 22 2020-07-14 Agenda Packet, gage 61 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT reasonable attorneys' fees and expenses, filing and other court costs, consultant fees, and expert fees) incurred in connection with or arising from in any way: (1) This .Agreement or Scope of Wort (2)Any acts, omissions, or negligence of Subcontractor; or, (3)Any claim of any beneficiary or employee of Subcontractor, including claims alleging breach or violation of such person's civil or legal rights. The foregoing indemnities shall survive the termination of the.Agreement. If any action or proceeding is brought against Indemnified parties by reason of any such indemnified claim as set forth. above, Subcontractor, upon notice from R FH, will defend the claim at Subcontractor's sole cost with counsel reasonably satisfactory to RTFR. If RTF reasonably determines that Indemnified Parties' interests in any such action or proceeding are not substantially the same as Subcontractor's, and that Subcontractor's counsel cannot adequately represent the interests of Indemnified Parties with respect to such indemnified claim as set forth above, RTFR shall have the right to hire separate counsel in any such action or proceeding and the costs and expenses thereof, including all attorneys' fees and expenses, shall be paid for by Subcontractor. 3 2020-07-14 Agenda Packet, gage 62 of 468 SUBCONTRACTOR AGREEMENT EXHIBIT SPECIAL.r TERMS ANIS CONDITIONS Homeless Emergency Aid Program H E A� 1. Any housing-related activities funded with REAP funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the Core Components of Housing.First, pursuant to welfare and.Institution Code Section 8255(b), and participate in the CoC's Coordinated Entry System. 2. .All Subcontractors and their subrecipients are required to use the Homeless Management Information Systema ("HMIS") to record client-level and programmatic data associated with this HEAP contract. 3. The Subcontractor agrees to allow the RTFH access to create and pull reports from the HMIS data collected and entered into the Subcontractor's HMIS program, and to participate in any statewide initiative as directed by the RTFH including, but not limited to, a statewide data integration environment. . All Subcontractors and the Subrecipients will participate in Learning Collaboratives and trainings on Best Practices associated with their respective programs (Diversion, Prevention, lapid Vie-housing, etc.) funded by REAP and will foster coordination and collaboration with all regional partners and their communities. 5. All Outreach workers funded by HEAP are required to participate in the point-in-Time Count activities and participate in Regional Homeless Outreach Meet ng(R_-HCI" ) coordinated with the County of Sara Diego. 4 2020-07-14 Agenda Packet, gage 63 of 468 CITY OF CHULA VISTA AND CITY OF NATIONAL CITY CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH ALPHA PROJECT This Agreement is entered into effective as of July 28, 2020 ("Effective Date") by and between the City of Chula Vista, a chartered municipal corporation, ("City") and the City of National City, a chartered municipal corporation, ("National City") and Alpha Project ("Contractor/Service Provider") (collectively, the "Parties " and, individually, a "Party") with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista, National City, and Alpha Project partnered to submit a Homeless Emergency Aid Programing("HEAP")funding application with the Regional Task Force for Homeless("RTFH") to provide services to address homelessness,- and WHEREAS, the application for HEAP was approved by the RFTH, but for an amount lower than requested, with the City of Chula Vista acting as the funding "pass through"' entity under the terms of a subrecipient agreement with RFTH (Agreement No. HEAP-2020-COC-01); and, WHEREAS, THE City, National City, and Alpha Project desire to implement the programs/projects to be funded by the HEAP grant, with the services required to be provided by Contractor/Service Provider under this agreement split equally between City and National City; and, WHEREAS, Contractor/Service Provider warrants, and represents that it is, experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this, Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Ci;of Chula Vista Agreement No.:2020-064 Consultant Name: Alpha Proiect� Rev.10/24/17 2020-07-14 Agenda Packet Page 64 of 468 If-*& UBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City,National City, and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City and National City the "Deliverables" if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the "Required Services." 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider,from time to time,reduce the Required Services,to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City, and Contractor/Service Provider, as applicable, agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City"s, Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services ("Additional Services"). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this Agreement. 1.4. Reduction in Scope of Work/Additional Services. Should National City desire a reduction in the Scope of Work or wish to add Additional Services, the City and Alpha Project agree to meet and confer in good faith to negotiate an Amendment of this agreement to add or reduce services under this Agreement. 1.5 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.6 No Waiver of Standard of Care. Where approval by City or National City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts,errors,ornissions, noncompliance with, industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.7 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to 2 Ci;of Chula Vista Agreement No.:2020-064 Consultant Name: 1pha Proiect� Rev.10/24/17 2020-07-14 Agenda Packet, Page 65 of 468 commencement of its required Services in the form and on,the terms prescribed can Exhibit A, or as otherwise prescribed by the City Attorney for the City of Chula vista. 1.8 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and locallaws,including the Chula Vista Municipal Code and.the National City Municipal Code. 1.9 Business License. Prior to commencement ofwork,Contractor/Service Provider shall obtain business licenses from City and National. City. 1.10 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City's and National City's information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to tape appropriate measures necessary to ensure that all subcontractors ,and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider's responsibilities as set forth in this Agreement.. 1.11 Terra. 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 terruinate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 1,11 RTFH Agreement. This Agreement is subject to the terms of the related subrecipient agreement t with RFTH (Agreement No. HEAP 2019-CVO I referred to as "Subrecipient Agreement") which is hereby fully incorporated by reference into this Agreement. In the event of any conflict of terms between this Agreement and the Subrecip�ient Agreement, the Subrecipient Agreement shall govern. I COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City, as the fiscal agent pursuant to HEAP agreement number HEAP 2019-CVO 1, agrees to compensate Contractor/Service Provider in the arnount(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 (ao) days of the egad 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 resented in a line item format with each task separately explained in reasonable detail. Each. invoice shall include the current monthly ly amour t 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 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillilI budilI et. C ity of Chula vista Agreement No.:2020-064 Consultant Name: 1pha re ect� Rev.10/24/1' 2020-07-14 Agenda Packet Page 66 of 468 2.3 P"gyr ent to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the :Required Services detailed in the invoice have been satisfactorily performed to the Satisfaction of City and. National City, City shall pay Contractor/Service Provider for the invoice amount within thirty 30) days. Payment shall be made in accordance with the terns and conditions set forth in:exhibit A and. section 2.4, below. At City's discretion, invoices not timely submitted may be subject to a penalty of up to five percent(5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent(10%)of the amount due for Required Services detailed on each invoice (the "holdback amount"). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider's out-of- pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred. by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost:. a) incurred prior to the Effective Bate; or b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, emp� oyees, or subcontractors. 2.7 PUment 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 wired 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, City of Chula vista Agreement No.:2020-064 Consultant Name: 1pha re ect� Rev.10/24/1' 2020-07-14 Agenda Packet Page 67 of 468 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 WorkersCompensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City and National City, including their officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile,or pollution insurance specified as required in Exhibit B, or as may otherwise be specified by City's Risk Manager. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider's, insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be"Primary."Contractor/Service Provider's general liability coverage must be primary insurance as it pertains to City and National City, their officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City or National City, their officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves, Contractor/Service Provider from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days," prior written notice to City and National City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 'Waiver of Subrogation. Contractor/Service Provider's, insurers) will provide a Waiver of Subrogation in favor of the City and National City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City and National City. 3,.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City and National City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City and National City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be of. industry standard forms. The City and National City reserve the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 5 Ci;of Chula Vista Agreement No.:2020-064 Consultant Name: 1pha Project� Rev.10/24/17 2020-07-14 Agenda Packet, Page 68 of 468 3.1 o Claims blade Policy Requirements. If General Liability,Pollution and/or Asbestos Pollution. Liability an orrovi e on a claims-made rrors missions coverage are require an are p e 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 roust 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 roust 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 Covera. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION .1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and bold harmless less City and National City, their elected and appointed officers, agents, employees and volunteers (collectively, "Indemnified Parties"), from and against any an all claims, demands, causes of actio, 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. .2. Modified Indemnity where A regiment Involves Desi n 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. City of Chula vista Agreement No.:2020-064 Consultant Name: 1pha Prefect Rev.10/24/1' 2020-07-14 Agenda Packet Page 69 of 468 4.3 Costs of Defense and Award. Included in Contractor/Service Provider's obligations under this Section 4 is Contractor/Service Provider's obligation to defend, at Contractor/Service Provider's own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in. this Section 4,Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of then. 4.4. Contractor/Service Provider's Obligations Not Li mi ted or Modi fled . 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. ' . . norcement Costs. Contractor/Service Provider agrees to pay ani and all costs City and.. National City incur in enforcing Contractor/Service Provider's obligations under this Section 4. 4.6 Survival. Contractor/Service Provider's obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER, .1 Form 700 Fil m' e 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 fora... (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached e Exhibit incorporated into the e .A.greement 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 uponor 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 MMMMMM City of Chula Vista Agreement No.:2020-064 Consultant Name: 1pha re ect� Rev.10/24/1' 2020-07-14 Agenda Packet Page 70 of 468 this Agreement without liability. 5.3 National City Requirements. National. City may also require to Contractor/Service Provider to abide by the terns of this Section 5 by providing written notice to Contractor/Service Provider of such requirement. . REMEDIES .1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perforin 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 lav 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 +� being cure , 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 + .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 Word 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 went 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 casts incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of Cit . 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 Prodder of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Prodder 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 parable under this Agreement for work satisfactorily +pity of Chula''Fists Agreement No.:2020-064 Consultant Name:Alpha Prefect Rev.10/24/1' 2020-07-14 Agenda Packet Page 71 of 468 performed as of the date of the termination/suspension notice plus an.y addit oral.remaining Required Services requested or approved by City in advance that would maximize City's value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination against both the City and National City except as expressly provided in this Section 6. .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 Cu a Vista Municipal Code, as same may e amended, the of which, inc a ing 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 terns of this Agreement. This paragraph applies to National City" if It is pursuing any suit or arbitration against City. In. additional, this section applies to Contractor/Service Provider is pursuing any suit of arbitration. against National City. 6.5 Governing; Law/Venue. This Agreement shall be governed by and construed in accordance with the Laws of the State of California. Any action arising under or relating to this Agreement shall. be brought only in. San Diego County, State ofCalifo ia. 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 I.B. of Exhibit.A to this Agreement, and that such service shall be effective five days after mailing. . OWNERSHIP ANIS 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 Prodder in the United Mates 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 male 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. �ity of Chula vista Agreement No.: 19105 Rev.10124/1' 2020-07-14 Agenda Packet 'age 72 of 468 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by all Parties. 8.2 Assijznment. City and National City would not have entered into this Agreement but for Contractor/Service Provider's unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City's prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts—This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which shall constitute one Agreement after each 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 and National City, including such records in the possession of sub-contractors/sub- Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Ind,ependent Contractor. Contractor/Service Provider is and shall at all times remain as to City and National City a wholly independent contractor. Neither City and National City nor any of their officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider's officers, employees, or agents C"Contractor/Service Provider Related Individuals"),except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City or National City, and none of them shall be entitled to any benefits to which City or National City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, neither City or National City will Withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City and National City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City '-"ity of Chula Vista Agreement No.: 19105 Rev.10/24/17 2020-07-14 Agenda Packet, Page 73 of 468 or National. City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City or National,City, or bind City or National City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) ity of Chula Vista Agreement No.: 19105 Rev.10/24/17 2020-07-14 Agenda Packet Page 74 of 468 SIGNATURE PAGE CONTRACTORISERVtCE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF,by executing this Agreement where indicated below, City,National City, and Contractor Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. ALPHA PROJECT BY: Bob McElroy, President and CEO CITY OF CHULA VISTA CITY OF NATIONAL CITY 0 BY* BY: Maria Kachadoorian, Brad Raulston Chula Vista City Manager National City City Manager ATTEST BY: BY: Kerry K. Bigelow, MMC Mike Dally Chula Vista City Clerk National City City Clerk APPROVED AS TO FORM BY: BY: Glen R. Googins Angil Morris-Jones City Attorney City Attorney 'ity of Chula Vista Agreement No.: 19105 Rev.10/24/17 2020-07-14 Agenda Packet Page 75 of 468 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Angelica Davis, Sr Management Analyst 276 Fourth Avenue; Building C 61 -691-5036 adavis(&,chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 ,(:,j,t­ Atto�r chUlavistaca.,ggy .............��, i�ie ��i................................................................................................................................. And, City of National City City Attorney 1243 National City Blvd. National City, CA 91950430 619-336-4220 E-mail: B. Contractor/Service Provider Contract Administration: ALPHA PROJECT Amy Gonyeau, Chief Operating Officer 3737 5th Ave Ste 203, San Diego, CA 92103 619-542-1877 Amygalphap�roject.org 2. Required Services A. General Description: Contractor shall provide services to City and National City related to the Homeless Emergency Assistance Program including, but not limited to: outreach; case management; and, housing navigation. The Required Services required under this Agreement are to be shared between the City and National City equally and consistent with the grant application and award. City and National City ity of Chula Vista Agreement No.: 19105 Rev.10/24/17 2020-07-14 Agenda Packet Page 76 of 468 shall meet and confer in good faith., as needed, to ensure the required services are shared equally and consistent with the grant application and award. B. Detailed Description: 'Task Descri*pfion Defiverables Compleflon Date I Outreach Establish supportive 06/30/2021 relationships with approximately 500 persons to enhance the possibility that approximately participants will access necessary services and supports that will help them move off the streets 2 Case Management Case Management of 06/30/2021 approximately 50 homeless individuals and families, in need of housing assistance 3 Housing Navigation Housing-focused Case 06/30/2021 Management and Supportive Services for approximately 50 homeless individuals (households) in need of housing assistance and housing stabilization services, while they are successfully referred to, matched to, and/or enrolled in permanent housing programs. 4 Hotel/Motel Voucher Program Provide 50 one-time 06/30/2021 assistance to fund security deposits and/or short-term rental assistance for bridge or temporary housing stays hotel/motel vouchers rental subsidies. 5 Tenant Based Rental Assistance Provide 30 individuals (or 06/30/2021 Program households) with permanent housing rental subsidies 3 'Term- In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 28, 2020 and end on June 30�, 20�2 for completion of all Required Services. ity of Chula Vista Agreement No.: 19105 Rev.10/24/17 2020-07-14 Agenda Packet Page 77 of 468 4. Compensation: A. Form of Compensation FX_1 Invoiced or agreed-upon amounts as follows: Enter or Attach and Reference Any Agreed-Upon Cost Reimbursements Expenses -Year 2 Personnel* $ 340,328.00 Hotel/Mother Vouchers $ 25,431.00 Office Supplies $47996.00 Insurance $ 10,000.00 Building Lease $ 57500.00 Taxes, Licenses (HMIS), Fees $ 27375.00 Equipment Rental $ 2,400.00 Professional Services -Audit, Legal $ 1,500-00 Technology $ 6,300-00 Transportation/Travel $ 20,500-00 Client Supplies $ 10,000-00 Printing $ 1,000-00 Total $ 4309330-00 ity of Chula Vista Agreement No.: 19105 Rev.10/24/17 2020-07-14 Agenda Packet Page 78 of 468 Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through Enter End of Contract Date shall not exceed Enter Amount. 5. Speci*al Provikions: OPermitted Sub-C ontractor/S ervice Providers: List Permitted Sub-Contractor/S ervice Providers or Indicate "None" 0 Security for Performance: See City Attorney or Indicate "None" if Not Applicable 0 Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for I ti 1� 0 17 �1 s additional terms, defined as a one-year increment or Ei",I,t el" a S p e c i fl'c D a t e. if"i,i,1�)1�)I c,�,Li,111,e. The C ity Manager or Director o f Financ e/Treas urer shall b e 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 41,S'el"t Te, ,, 1nct- %il''Ise%, Actii(fl�, [')ollai�-� Atiioiiiit for each extension. The City shall give written notice to c,'(­1­ oi� 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. 0 Other: Describe Special Provisions (D�elete Line If Not Applicable) FX_1 None 'ity of Chula Vista Agreement No.: 19105 Rev.10/24/17 2020-07-14 Agenda Packet Page 79 of 468 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and 0 agrees to provide the fo�llowing types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form 0 General Liability: $2,000,000 per occurrence for Insurance Services Office Form Including products and bodily injury, personal injury CG 00 01 completed operations, (including death), and property personal and damage. If Commercial General advertising injury 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 Al Endorsement for City and National City* Waiver of Recovery Endorsement *Must be primary and must not exclude Products/Completed Operations 71 Automobile Liability $1 000,000 per accident for bodily Insurance Services Office Form injury, including death, and CA 00 01 property damage Code I-Any Auto Code 8-Hired Code 9-Non Owned FX Workers' $1 000,000 each accident Compensation $1 000,000 disease policy limit Employer's Liability $1 000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: "NO�NE" ity of Chula Vista Agreement No.: 19105 Rev.10/24/17 2020-07-14 Agenda Packet Page 8,0 of 468 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform ActLand the Chula Vista Conflict of Interest Code 3 ("Code") require designated state and local government officials, including some Contractor/Service Providers, to make certain Public disclosures using a Statement of Economic Interests form (Form 700),. Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.4 r_1 A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED5-fro m disclosure. El 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 wwwxhulai4st: a.,(I_xoi�ld( arlliieiilslcitv-cler,C,,�iiu,Oijl�l,(Iict interest-code.) Name Email Address Applicable Des*nation 19 Enter Name of Each Individual Enter email address(es) EIA. Full Disclosure Who Will Be Providing Service Under the Contract—IfF-1 B. Limited Disclosure (select one or more of. individuals have different the categories under which the Contractor shall disclosure requirements, file): duplicate this row and El 1, F-1 2. El 3. F-1 4. 0 5. F-1 6. X17. complete separately far each individual Justification: C. Excluded from Disclosure I.Required:Miers 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, Neffile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April I during the term of the Agreement,and within 30 days of the termination of the Agreement. 0 3. Fifing 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, orexcludedfrom disclosure, 'based on an analysis of the services the 2 Cal.Gov.Code§§81000etseq.-FPPCA Regs. 18700.3 and 18704. 3 Chula Vista Municipal Code§§2.02.010-2.02.040. 4 Cal. Gov.Code§§53234,et sect.. 5 CA FPPCAdv.A-15-147(Chadwick)(20�15);Davis v. Fresno Unified School Di.�trict(2015)237Cal.App.4"261; FPPC Reg. 18710.3(Consultant defined as an"individual"who participates in making a governmental decision; "individual"does not include corporation or limited liability company). ity of Chula Vista Agreement No.: 19105 Rev.10/24/17 2020-07-14 Agenda Packet, Page 8,1 of 468 Contractor/Service Provider will.provide.Notwithstanding this designation or anything in,the Agreement,the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements,please do not hesitate to contact the City Clerk at(619)691-5041, or the FPPC at 1.866-ASK-FPPC, or(866)275-3,772 *2. Pursuant to the duly adopted City sof Chula Vista Conflict of Interest Cade,this document shall serve as the written. determination©f the Contractor's requirement to comply with the disclosure requirements set forth in the Code. Completed y: angelica Davis, Sr Man agem en t A Analyst 1 "ity of Chula Vista Agreement No.: 19105 Rev.10/24/17 2020-07-14 Agenda Packet 'age 82 of 468 Exhibit A SCOPE OF WORK OVERVIEW Engagement and housing navigation is intended to provide the following assistance: Outreach and Engagement of homeless individuals and families who may be disconnected and estranged from mainstream services, outreach services can help to establish supportive relationships and enhance the possibility that participants will access necessary services and supports that will help them move off the streets-, Case Management of homeless individuals and families in need of housing assistance; and, Housing-focused Case Management and Supportive Services for homeless individuals and families in need of housing assistance and housing stabilization services while they are successfully referred to, matched to, and/or enrolled in permanent housing programs. CES Housing Navigation for Individuals and Families should fit seamlessly with the other CES Program components: Regional & Outreach Coordination, Rapid Re-Housing, and Bridge Housing. Contractor shall.,- A. Provide two (2) two person teams, one in Chula Vista and another in National City. Each team shall. be comprised of one member that may posses bilingual (English, Spanish.) language skills and one which is a social worker, with minimum. qualifications for the social worker to include; a bachelor's degree in Social Work, Psychology or other behavioral. health disciplines and/or three (3) years; with, a preference of a master's degree in Social Work and/or five (5) years' experience providing case management services. B. Provide a supervisor to oversee the collaboration efforts with both jurisdictions. C. Ensure placement for each two, person team within the city limits of the respective jurisdiction (Chula Vista or National City) 8 hours per day or 40 hours per week, with occasional nights and weekends based upon availability and/or need as mutually agreed upon by all parties. (All holidays observed by the city may be encluded, if desired by Contractor). D. Abide by the strategies set forth in the Cities of Chula Vista and National City's Homeless Response Plan, as may be adopted by the respective City Councils, wbich takes a community focused, collaborative and person centered approach to addressing the needs of the homeless residents within the Cities of Chula Vista and National City. E. All efforts and interactions should.be focused.both on assisting individuals to resolve their homeless situation in a manner that is respectful, dignified, culturally competent, trauma informed, and supportive while also meeting the needs, for public safety and health. F. Provide street outreach activities to include but not limited to the following and primarily focused on supporting individuals with accessing permanent or temporary housing: Locate, identify, and build relationships with individuals experiencing homelessness who are unsheltered and engage them for the purpose of providing immediate support, linkages 2020-07-14 Agenda Packet, Page 8,3 of 468 to services, diversion and intervention, and connections with :housing navigation resources aimed at ending homelessness. a. Complete an initial assessment of needs and eligibility b. Provide crisis counseling c. address urgent/immediate needs and linking participants to necessary services to address those needs to include but not limited to :food, clothing, and transportation d. fictively connecting and/or providing referrals to services including,but not limited to. i. Temporary housing facilities and programs ii. Physical health services i.. Mental health Services iv. Addiction and recovery services v. Documentation e.g. birth certificate, California Driver's License, California Identification Card and/or Social Security card) vi. Mainstream Benefits e.g. Social Security/Social Security"Disability) vii. Legal Services viii. Employment Services ix. Mousing Navigation. x. Permanent Housing xi. Domestic violence services xii. Childcare viii. Family reunification xiv. other community ity based services e. Submit a monthly report of unduplicated persons/families assisted with street outreach activities and to include number of times persons/families are contacted. G. Provide case management and support services to assist participants engaged in outreach programs;temporary housing programs;transitional housing and shelters located in the Cities of Chula Vista and,National City in mooring forward in accessing permanent lousing programs. The primary objective of dousing focused case management/support services is to provide support to participants, through an individualized case management t relationship, to help them successfully navigate to permanent lousing and maintain permanent housing for a period of up to twelve months after housing placement. This includes but is not limited to. . Support with contacting landlords, completing housing applications, accompaniment to housing appointments and/or leasing appointments, and other support associated with the housing placement process, and finding resources for moving into new v units 2020-07-14 Agenda Packet, gage 84 of 468 b. Housing focused case management services shall be dedicated to activities that support the housing process. This may include but is not limited to: i. Assessing and reassessing needs, educating participants on community resource opportunities, developing Housing Stability Plans, scheduling appointments, and providing necessary follow up to ensure Housing Stability Plans are progressing on schedule and needs are adequately being addressed. c. Develop a Housing Stability Plan in coordination with the participant. The Housing Stability Plan will be the road map of services that are to be provided, including identifying barriers to housing, actions that need to be taken (by both staff and the participant) and referrals that need to be completed. i. Housing Stability Plans summarize the participant's goals, and immediate action steps toward those goals. The Plans are updated as the person's situation changes, and steps are completed or revised. ii. Housing Navigation programs must make attempts to create plans which minimize inordinate, redundant, or superfluous action steps, including requiring participants to rapidly acquire new knowledge or skills, or make significant or simultaneous changes, in order to obtain permanent housing placement. iii. Progress and problems implementing the plan should be reviewed and updated frequently iv. The Housing Stability Plan should be considered the participant's plan and should be signed by the participant and housing navigator as it is developed and updated. v. Assist participants one-on-one with a range of leveraged activities based on the stated needs of the participant, in the Housing Stability Plan, including, but not limited to: 1. Accessing personal identification ((e.g. birth certificate, California Driver's License, California Identification Card an Social Security card) 2. Case Management 3. Crisis Intervention 4. Physical Health Care 5. Mental Health Care 6. Addiction and recovery services 7. Mainstream Benefits Establishment (e.g. Social Security/Social Security Disability) 8. Education and/or Vocational Training 9. Life Skills 10. Legal Services 2020-07-14 Agenda Packet, Page 8,5 of 468 11. Employment Services 12. Credit counseling & Financial literacy training 13. Transportation 14. Reunification/Divers ion 15. Liaison and advocacy services to help remove barriers for the homeless individual 16. Tenancy Rights and Responsibilities 17. Landlord Relations vi. Continually assess participant needs and provide individualized services need to make progress towards housing stability. vii. Complete at least one (1) face to face contact per month. viii. Complete a Monthly Update Form to assess the participant's progress towards achieving the goals defined in the "Housing Stability Plan." d. Submit a monthly report of unduplicated person s/families assisted with housing focused case management/support services and housing placements. H. The Cities of Chula Vista and National City require the collection and reporting of participant-level data, project services/activities, numbers of households assisted, and project outcomes through the Homeless Management Infon-nation System(HMIS) and any other additional client assessment and tracking tools as may be required by Regional Taskfo,rce on the Homeless. 1. Services shall fully participate in the San Diego region's CES and will specifically use a By Name List to prioritize and target individuals for services, and manage caseloads. J. Provide case managed services at designated city facilities or community sites or with a member of the Homeless Outreach Team, and travel to city sites where these services are needed. K. Work collaboratively with Cities of Chula Vista and. National City Homeless Outreach Teams, other serviceprovidyrs, and community partners to identify homeless individuals in need. of case management services and engage such persons, including participation in dedicated outreach efforts, clean up of encampments, assistance with "No Trespass" notices, and acceptance of referrals from the Homeless Outreach Teams. L. Maintain regular communication, both written and verbal, with the City of Chula Vista DSD Housing Division. and. City of National City Neighborhood. Services Department. Attend regularly scheduled coordination meetings to review caseload, referrals and services/programs in coordination with regional efforts. M. Participate in Cities of Chula Vista and National City Homeless Outreach Team or other community meetings in support of the Homeless Response Plan, to provide education and assist businesses and residents with homeless related issues or case management duties, as, needed. 2020-07-14 Agenda Packet, Page 8,6 of 468 N. Identify ;daps in :homeless services and assistance needs it Chula Vista and National City and develop recommendations for community and program improvements in support of the ..s ponse Plan.. Homeless de 0. Work with the City of Chula vista DSD Mousing Division and City of rational City Neighborhood Services Department to aximi.ze partnerships with. service providers, community organizations and individuals to cultivate resources and Mary connected to the changing needs of the community. P. Complete accurate and thorough documentation in a timely manner. Maintain data on each program participant and program milestones and provide required reports along with the monthly invoice for payment. Q. Furnish.al.l.general.office supplies,printing costs and postage associated with normal office and service operations related to case management duties. R. Within thirty days ofcontract execution, and in collaboration with.the Cities of Chula Vista and National City, develop a detailed project plan for implementation of program. services, based on this scope of services. 2020-07-14 Agenda Packet, gage 87 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 14,2020 File IIS: 20-0206 TITS ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHLA VISTA MUNICIPAL CODE CHAP'T'ER 5.39, HOTELS/MOTELS, REGARDING GUEST ROOM INSPECTIONS FOR EQUIPMENT AND AMENITY MINIMUM REQUIREMENTS FOR HOTEL/MOTEL OPERATING PERMITS RECOMMENDEDT Council place the ordinance on first reading. SUMMARY Chapter 539 of the Municipal Code requires that hotel/motel establishments comply with biennial health inspections conducted by state certified environmental health specialists. Chapter 15.20.080 of the Municipal Code requires that hotel/motel establishments meet west room minimum health requirements. Both Chapters address concerns of acceptable habitability standards amongst other requirements.The Department is looping to eliminate the duplicative health inspections and certify the hotel/motel establishments through the inspections defined in Chapter 1.5.20.080. ENVIRONMENTAL REVIEW The Director of'Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act(CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to ,State CEQA Guidelines Section. 1.5309 Class 9 (Inspections) and section 15061(b)(3,); because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.Thus,no further environmental review is required. BOARD/COMMISSION/COMMITTEE Not applicable. DISCUSSION Chapter 5.39 of the Municipal Code was established in 2006 to enhance the health,public safety and welfare of residents and visitors to the City.Among other requirements,hotel/motel establishments are required to meet biennial inspections performed by an environmental health specialist registered with the California Department of Health services. The regional availability for environmental health specialists is limited and difficult to solicit, making the requirement overly onerous to the :hotel/motel industry. The City of Chula Vista's Code Enforcement Division performs annual public health inspections that comply with Chapter 5.39 of the Municipal Code health requirements which are stated. in 15.20.0180 of the Municipal Code health 1111. 0 0 1 P � 11 2020-07-14 Agenda Packet, gage 88 of 468 requirements. Minimum requirements rements in 15.20.0 80 are comparable to the items inspected by an environmental health specialist. DECISION-MAKER C"ONFLIC'Ir Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the, real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURREN'T-YE,AR FISCAL IMPACT The requirement for a biennial inspection as stated in Chapter 539.050 and the guest room minimum requirements as stated in Chapter 15.20.080 do not have any fiscal impact. ONGOING FISCAL IMPACT Amendments to Chapter 5.39.050 have no foreseeable fiscal impact to the City. AT'TACHMEN'TS Attachment 1: Ordinance amending Chula Vista Municipal Code Chapter 5.39 Hotels/Motels Staff Contact:Joseph Walker,Supervising Public Safety Analyst,Police Department P 2 2020-07-14 Agenda Packet, Page 8,9 of 468 ORDINANCE NO. ORDINANCE of THE CITY OF CI-IULA TTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.39, HOTELS/MOTELS, REGARDING GUEST ROOM INSPECTIONS FOR EQUIPMENT AND AMENITY MINIMUM REQUIREMENTS FOR HOTEL/MOTEL OPERATING PERMITS WHEREAS, Chapter 5.39 of the Municipal Code sets forth the requirements for operating a hotel/motel within the Citi of Chula vista; and . . WHEREAS, the City Council is interested infacilitatingthe ability toeetthe inspection requirements established in Chapter 5.39 of the Municipal Code which currently state that biennialmotels/hotel inspections will be performed by an. environmental health specialist registered with_ the California Department of Health Services; an WHEREAS, the regional availability for environmental health specialists is limited and difficult to solicit different pricing making the requirement overly onerous to the hotel/motel industry; and WHEREAS, the City of Chula vista performs arcual public health. inspections that comply with Chapter 5.39 of the Municipal Code health requirements; and WHEREAS hestablishments must also meet extensive equipment and amenity requirements as specified in Chapter 15.20.o o of the Municipal Code; and WHEREAS hotel/motel establishments must meet these requirements on ars annual basis; ars NOW, THEREFORE, BE IT RESOLVED the City Council of the City o Chula vista does hereby amend Chapter 5.39.050 G to modify the biennial inspections performed by environmental health specialists to annual inspections by the City of Chula vista Development Services Director or his/her designee. NOW THEREFORE the City Council. of the City of Chula vista does ordain as follows: a . K.\��e.����u ��� x �u�a� jai ��a�����, �a�����.��,�� ����.q.�,����ama��u��, �a��au,a�a��a�� ����.q .rclai uaruae haune 200\0r(fin,,ince amerudnient Draft 0,40920210 2020-07-14 Agenda Packet gage 90 of 468 Ordinance Page 2 Section 1. Chapter 5.39 HOTELS/MOTELS Sections: 5.39.020 Severability. 5.39.030 Definitions. 5.39.040 Permit to operate—Application deadline and fee. 5.39.050 Permit to operate—Application required—Contents. 539,060 Permit to operate—Grounds for denial. 539,070 Permit to operate—Denial—Appeal hearing, 539,080 Permit to operate—Display. 5.39.090 Permit to operate-1' ontransferabi i4144, 5.39.100 Permit to operate—Report of changes to the application. 539,110 Permit to operate—Revocation. 539,12(1 Notice of hearing, 5.39.130 Notice of revocation of permit to operate. 5.39.140 Notice of revocation of permit to operate—Removal or tampering with posted notice. 5.39.150 Permit to operate—Surrender following revocation. 5.39.160 Permit to operate—Reissue after revocation. 5.39.170 Violation—Penalty. 5.39.020 Severability. It is declared to be the intention of the City Council that the sections, paragraphs, sentences,, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this chapter. (Ord. 3041 § 2, 2006). 2020-07-14 Agenda Packet, Page 91 of 468 Ordinance Page 3 5.39.030 Definitions. For the purpose of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Calls for service" includes but is not limited to any and all calls to emergency services, (police, fire, medical) that result in a representative being dispatched or directed to the hotel/motel. This shall include any calls for service within the surrounding neighborhood that, through information or investigation, can be traced to the hotel/motel staff and/or registered guest(s) and/or visitor(s). Calls for service includes any self initiated activity and/or investigation based on the observation(s) of an emergency services representative. B. "Drug-related arrests" include, but are not limited to, those that involve the manufacture, cultivation, importation into the State, transportation,, possession, possession for sale, sale, furnishing, administering, or giving away, or providing a place to use or fortification of a place involving, any controlled drug, narcotic or drug paraphernalia. C. "Guest" shall mean any person that occupies a guestroom. D. "Guestroom" shall mean a sleeping room in a hotel/motel designed and intended to be used as lodging as documented by the City Building Official or his designee. E. "Guestroom minimum requirements"' shall mean those requirements as set forth in Chapter 15.20 CVMC. F. "Hotel/motel"means any building or group of buildings or facility, containing six or more guestrooms, which is occupied or intended or designed for occupancy by guests for lodging or sleeping purposes and is held out as such to the public. "Hotel/motel" does not mean any hospital, convalescent home or sanitarium. G. "Hotel/motel, operation"means the occupancy of any guestroom or use of any hotel/motel facility regardless of compensation or remuneration. H. "Kitchen" shall mean a discrete area completely separate from the bathroom and toilet room, containing a sink, refrigerator, and cooking appliance. 1. "Manager" means any person who, in connection with the activities of a hotel/motel, manages the business's operations, including but not limited to the collection of rental charges, issuing of keys, direction of maintenance personnel, assigning of rooms to guests, and handling 2020-07-14 Agenda Packet, Page 92 of 468 Ordinance Page 4 guest affairs and overseeing security. The term shall also include resident manager and assistant manager. J. "Operator" means any person who is the proprietor of any hotel/motel, whether in the capacity of owner, lessee, receiver, sublessee, franchisee, mortgagee in possession, manager or agent of any of the aforementioned, who offers and accepts payment for rooms, guestrooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control of, the dwelling unit. K. "Owner" shall mean any person, firm, association, partnership, or corporation, which is the record owner of real property as listed on the last equalized assessment roll as maintained by the San Diego County Assessor. It shall also mean any part owner,joint owner, or lessor of the whole or part of the land or buildings situated thereon. L. "Person" shall mean any natural person, firm, partnership, corporation, receiver, trustee, estate trust,, business trust, organization, or association. M. "Prostitution-related arrests" include, but are not limited to, those that involve prostitution or prostitution-related crimes such as pimping or pandering, in violation of Section 647(b), 315, 3161 65 .22, and 653.23 of the California Penal Code. N. "Toilet room" means a room that can be made private by locking a door that contains, a toilet and shall, comply in all ways with the California Building Codes in effect upon its construction. Toilet rooms may also contain lavatories,bathtubs or showers. (Ord. 3041 § 2, 2006). 5.3 .040 Permit to operate—Application deadline and fee. The annual permit to operate shall be applied for to the City Manager, or his designee, on a yearly basis by the operator of each hotel motel. The deadline for submitting the application shall be November I st, or, if this date falls on a Saturday or Sunday, on the next business day of the City of Chula Vista. The application shall be submitted with a processing fee, as identified in the City's master fee schedule. The permit shall be issued or denied within 60 days. The first operating permit will be required as of January 1, 2008, and on a yearly basis thereafter. In the event that a new hotel/motel operator applies for a pen-nit during the year prior to November I st, the permit will be issued or denied within 60 days. Any subsequent permit may 2020-07-14 Agenda Packet, Page 93 of 468 Ordinance Page 5 be applied for on November 1 st of the following year and issued or denied within 60 days. (Ord. 3041 § 2, 2006). 5.39.050 Perrnit to operate—Application required—Contents. All persons applying to the City Manager, or his designee, for a permit to operate a hotel/motel shall file with the City Chief of Police, or his designee, a sworn application,with processing fee therefor on forms provided by the City and containing information as follows: A. Business license in accordance with Chapter 5.13 CVMC, Rental Businesses. B. The name of the applicant and trade name, if any, of the business, the name of the corporation and the name and address of its agent for service. C. The business name, address, and phone number of the hotel/motel, and the emergency contact phone information for the hotel/motel. D. The number of toilets in the hotel/motel. E. The number of kitchens in the hotel/motel. FProof of liability insurance � applicable,pplicable, including the carrier, policy number, agent's name, address and phone number or a statement of self-insurance. G. to an.. n.._. ., '1. .....s ,i .... rIi Services Di-rector i / smd S . � � w, i .........-nets ......... m )� e in.. ...... ......... a H. Transient occupancy tax bond if required by the City Finance Director. See Chapter 3.40 CVMC. Any material misrepresentation in the application for the permit to operate a hotel/motel or a failure to provide the required information shall.be ,grounds for denial.. (Ord.. 3215 § 1, 2011; Ord. 3 041 § 2, 2006). 2020-07-14 Agenda Packet, gage 94 of 468 Ordinance Page 6 5.39.0 60 Permit to operate—Grounds for denial. The permit to operate may be denied for any of the following reasons: A. The applicant is unable to establish a degree of financial responsibility required by Chapter 3.40 CVMC, Transient Occupancy Tax, or has an outstanding debt to the City incurred under CVMC 3.40.090. B. The hotel/motel property has an unabated notice of violation, in excess of 30 days, of the City Municipal Code that cites violations of the state of California housing law. C. Such other relevant facts as the Chief of Police, or his designee, may discover or deem advisable or necessary in the course of the review of the application, such as: 1. Drug-related arrests; 2. Prostitution-related arrests; 3. Calls for service. D. Noncompliance with federal, State, and City Municipal Codes. (Ord.. 3041 § 2, 2006). 5.3 .070 Permit to operate—Denial—Appeal hearing. Whenever the City denies a permit to operate for a hotel/motel, as provided in this chapter, the owner or operator of said hotel/motel shall have a right to a hearing to appeal the denial in accordance with Chapter 1.40 CV C.. (Ord. 3041 § 2, 2006). 5.3 .080 Permit to operate—Display. The operator shall display the permit to operate in an open and conspicuous place on the premises. (Ord. 3041 § 2, 2006). 2020-07-14 Agenda Packet, Page 95 of 468 Ordinance Page 7 5.39.090 Permit to operate—Nontransferability. Each permit to operate issued pursuant to CVMC 5.39.030 through 5.39.170 shall be separate and distinct from all others and shall not be transferable from the person, firm or corporation to whom issued to any other person, firm or corporation. When a change of operator occurs at an existing hotel/motel, the new operator shall apply for a permit to operate within 10 business days of opening of escrow. If the prior operator's permit to operate for the hotel/motel was denied or revoked, a provisional permit to operate may be issued with special conditions designated by the Chief of Police or his designee. (turd. 3041 § 2, 2006). 5.39.100 Permit to operate—Report of changes to the application. Whenever an owner sells or transfers title to, or assigns the lease of or subleases,, a hotel/motel, then the owner shall notify the City Manager in writing within five business days of such transfer. Every operator of a hotel/motel shall report any change in the information required by CVMC 5. 9.030 through 5.39.170, including but not limited to any change in the manager(s) and operator(s) and/or owner(s) as defined in CVMC 5.39.030(l), Q) and(K) to the Chief of Police in writing within five business days after the change has occurred. A change in the information on the application is subject to review by the Chief of Police and may be grounds for suspension or revocation of the permit to operate. (Ord. 3041 § 2, 2006). 5.39.110 Permit to operate—Revocation. The annual permit to operate shall be subj ect to revocation by the City Manager, or his designee, and/or Chief of Police, or his designee, upon good cause shown that the operation of the hotel/motel is such that it is or has negatively impacted the health, safety and/or welfare of its guests or the residents or businesses of the neighboring community by any of the following: A. Noncompliance with federal, State, and City Municipal Codes; B. Drug-related arrests; C. Prostitution-related arrests; D. Calls for service; 2020-07-14 Agenda Packet, Page 96 of 468 Ordinance Page 8 E. Any other conditions, problems, issues,, concerns or facts that are deemed relevant. In processing a revocation the Chief of Police, or his designee, shall prepare an investigation report that details the circumstances that have led to the revocation. It may include any or all of the following that are applicable: 1. Frequency or occurrence of violation(s), arrest s), or call(s) for service; 2. Seriousness of the violation(s), arrest(s), or call(s) for service in relation to its threat or impact upon public health, safety or welfare; 3. History of the violation(s), arrest(s), or call(s) for service; 4. Good faith efforts taken by the responsible party to correct, reduce and/or alleviate violation(s), arrests , or call(s) for service; 5. Any activity, action or effort taken by the responsible party to obstruct or interfere with correction of the problem; 6. The impact of the violation(s), arrest(s), or call(s) for service on the surrounding property and community; 7. The financial impact to the City. (Ord. 3041 § 2, 2006). 539.120 Notice of hearing. Upon good cause shown in the revocation investigation report issued by the Chief of Police, or his designee, the City Manager, or his designee, shall issue a notice of hearing for revocation of permit to operate in accordance with CVMC 1.40.030 and shall schedule a hearing before the hearing examiner in accordance with CVMC 1.4,0.020(B). (Ord. 3041 § 2, 2006). 5.39.130 Notice of revocation of perinit to perate. Upon confirmation and final decision issued by the hearing examiner, the Chief of Police or his designee shall, in addition to the requirements of CVMC 1.40.020(H), post a copy or copies of the notice of revocation of permit to operate at the hotel/motel. (Ord. 3041 § 2, 2006). 2020-07-14 Agenda Packet, Page 97 of 468 ordinance Page 9 5.39.140 Notice of revocation of permit to operate— Removal or tampering with posted notice. A posted notice of revocation of permit to operate may only be removed by an authorized City official. Any removal, covering, defacing, altering or tampering by unauthorized person(s) may be prosecuted as a misdemeanor. (Ord. 3041 § 2, 2006). 5.39.150 Permit to operate—Surrender following revocation. Whenever a permit to operate has been revoked by the City, the operator of the hotel/motel for which such permit was issued shall surrender such permit tothe City forthwith. The hotel/motel operation shall cease within 72 hours of the posting of the notice of revocation of permit to operate in accordance with CVMC 5.39.140. (Ord. 3041 § 2, 2006). 5.3 .160 Permit to operate—Reissue after revocation. A conditional permit to operate that is revoked shall not be reissued for a period of three years from the date of such revocation. (Ord. 3041 § 2, 2006). 539.170 Violation—Penalty. It is unlawful to operate a hotel/motel without a valid permit to operate or to fail to comply with any of the requirements established by this chapter. Violations of this section shall be subject to enforcement by any and all remedies listed in CVC Title 1, including a fine of up to $1,000 and/or six months in the county jail. (Ord. 3 041 § 2, 2006). Section 11. 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. 2020-07-14 Agenda Packet, Page 98 of 468 Ordinance Page 1,0 Section 111. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force ®n 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. Goggins Chief of Police City Attorney 2020-07-14 Agenda Packet, Page 99 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 Julys 14,2020 File ID: 0-0207 „MITI RESOLUTION OF THE CITY COUNCIL OF THE CI'T'Y"OF CHULA NISTA APPROVING THE AGREEMENT WITH ECORP CONSULTING, INC. To PROVIDE HABITAT MITIGATION MONITORING, REPORTING, AND MAINTENANCE SERVICES FOR THE "WILLOW STREET BRIDGE REPLACEMENT PROJECT -- ENVIRONMENTAL ITIGATIONCOMPLIANCE"' (ST'L0444) PROJECT ACTIONRECOMMENDED " Council adopt the resolution. SUMMARY Construction of the"Phase II -Willow Strut Bridge Replacement Project" (S,TL0261) is complete and habitat mitigation monitoring, reporting and maintenance for Year 1 of the required 5-Year mitigation program is currently underway. By Resolution o o-084, City Council established the "Willow Street Bridge Replacement Project Environmental Mitigation Compliance" (ST'L,0444) project for the Year 2 thru Year 5 environmental mitigation compliance program period. Approval of the agreement with FCORP Consulting, Inc. will provide the consultant services required by the City for completion of the remaining mitigation program period. ENVIRONMENTAL DE"TERMINA"TION The Director of Development Services.has reviewed the proposed Project for compliance with the California Environmental Quality pct(CEQA)and:has determined that the proposed action(s)were adequately covered in previously adopted Final Mitigated Negative Declaration and associated Addenda 1, Z and 3 for the Phase II - Willow Street Bridge Replacement Project and previously certified Categorical Exclusion pursuant to Code of Federal Regulations (CFS) Title 23, Section 771.. Pursuant to the California Environmental Quality .Act (CEQA) on. November 14, 2011 the City, acting as Lead Agency, approved IS-10-006. Thus, no further CEQA environmental review or determination is required. In addition,the Director of Development Services has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) in conjunction with the California Department of Transportation (Caltrans), the state department designated as Dead Environmental Agency by the U.S. Department of Transportation, Federal Highway Administration (FHWA) for federally funded street projects. It was determined that the Project qualifies for a Categorical Exclusion pursuant to Title 23 Code of Federal Regulations (CFR) Section 771.117(d); acti ity (d)(1 [Modernization of a Street by resurfacing, restoration, rehabilitation or reconstruction]. Thus, no further NEPA environmental review is required. 1 . 0 0 1 P Ii1 2020-07-14 Agenda Packet, Page 100 of 468 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION BACKGROUND As, required by the "Compensatory Mitigation and Monitoring Plan (CMMP for the Willow Street Bridge Replacement Project", dated December 2012, (Attachment 1) the City is required to implement a mitigation monitoring,reporting and maintenance program that will successfully revegetate and restore the,temporary impact areas to the native habitats and jurisdictional resources that were originally present in these areas prior to the bridge replacement associated with the "Phase 11 -Willow Street Bridge Replacement Project,,. (5TL0261) [Federal Project No. BHLS-5203(016)]. In order to demonstrate successful restoration, the program will extend for a period of at least 5 years after completion of the bridge replacement construction. Year 1 of the program started in July 2019 and was included with said project that was awarded by City Council on January 17, 2017 by Resolution 2017-014 as part of the bridge construction project. Year 2 thru Year 5 of the mitigation monitoring, reporting and maintenance program is included with the "Willow Street Bridge Replacement Project - Environmental Mitigation Compliance" (ST'Lo444) [Federal Project No. BRLS-,5203(042)] project and comprises of the remaining program period from July 2020 to July 2024. SELECTION PROCESS On May 15, 2020, a Request for Proposals (RF'P was advertised in the Star News and on Planetbids.com to obtain the highest number of qualified respondents for the "Willow Street Bridge Replacement Project - Environmental Mitigation Compliance" (STL0444) project. A total of five (5) proposals were received on May 29, 2020 as follows (listed in numerical order of maximum total contract dollar amount): 1. ECORP Consulting, Inc.- $105,000 2. KMEA- $149)982 3. RECON -$151,856 4. Natures Image, Inc. -$167,715 5. Tierra Data, Inc.- $229,363.32 Staff followed the procurement procedures outlined in the Chula Vista Municipal Code Section 2.56.110 and, due to the Federal funding for the project, the guidelines found in Local Assistance Procedures Manual [LAPM , Chapter 10-,Consultant Selection (January 2020). Per the RFFP, it was the intent of the City to enter into an agreement with the firm submitting the lowest maximum total contract dollar amount and with additional considerations including, but not limited, to experience,overall qualifications,and ability to provide the required services. Staff reviewed the proposal submitted by ECORP Consulting, Inc. and determined it was responsive in all material respects and that they are responsible and qualified to perform the requested services. Therefore, City Staff recommends approval of the agreement with ECORP Consulting,Inc.with a maximum total contract dollar amount of$105,000 (Attachment 2). P 2 2020-07-14 Agenda Packet, Page 101 of 468 DECISION-MAKER C"ONFLIC'Ir Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action.Consequently,this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov't Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURREN'T-YE,AR FISCAL IMPACT Sufficient funding is available to cover the agreement with ECORP Consulting, Inc. for consultant services associated with the "Willow Street Bridge Replacement Project - Environmental Mitigation Compliance (STL0444) project. ONGOING FISCAL IMPACT None. A'I'TACHMENT(S) 1. Compensatory Mitigation and Monitoring Plan (CMMP) 2. Proposed Agreement with ECORP Consulting, Inc. Staff Contact: Gregory E. Tscherch, Department of Engineering& Capital Projects P 3 2020-07-14 Agenda Packet, Page 102 of 468 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH ECORP CONSULTING,L,TING, INC. TO PROVIDE HABITAT MITIGATION MONITORING,G REPORTI G, AN MAINTENANCE SERVICES FOR T "WILLOW STREET BRIDGE REPLACEMENT PROJECT - ENVIRONMENTAL MITIGATIONCOMPLI .NC E" (STLO444) PROJECT WHEREAS, section 2.5 6.110 of the Chula Vista Municipal Code (CVMC) authorizes the procurement and award of contracts for professional services; and WHEREAS, construction of t "Phase II - Willow Street Bridge Replacement Project"' (STL0261) is complete and habitat mitigation monitoring, reporting and maintenance for Year 1. of the required -Year Maintenance ntenance P riod is currentlyunderway; and WHEREAS, by Resolution 020-084, City Council established the "Willowy Street Bridge Replacement Project - Environmental Mitigation Compliance" (STL0444) project for the Year 2 through Year 5 environmental mitigation compliance program period; and WHEREAS, as required by the "Compensatory Mitigation and Monitoring Plan (CMMP) for the Willow Street Bride Replacement Project", dated December 2012, the City is required to implement a mitigation monitoring, reporting and maintenance program that will successfully revegetate and restore the temporary impact areas to the native habitats and jurisdictional. resources that were originally present in these areas prior to the bridge replacement associated With the " 'base II Willow Street fridge Replacement Proj ect" (STL0261) Federal Project No. BHLS- 203(016)] and WHEREAS, Year 1 of the program started in July 2019 and was included with the "Phase II Willow Street Bridge Replacement Project" (STL02 1) [Federal Project No. BHLS- 2W 016)] that was awarded by City Council on January 17, 2017 by Resolution 2017-014 as part of the bride construction project; and. WHEREAS, Year 2 through rou, Year 5 of the mitigation monitoring, reporting ars maintenance program is included with the "Willow Street Bridge Replacement Project - Environmental Mitigation ation Compliance" (STL0444) [Federal Project No. BIDS-5203(042)] reject and covers the remaining program period from July 2020 to July 2024; and. WHEREAS, on May 15, 2020, a Request for Proposals (RFP) Was advertised in the Star News and on Planetbi.ds.com to obtain the highest number of qualified respondents for the "'Willow Street Bridge Replacement Project - Environmental Mitigation Compliance" (STL0444) pro j ect; and WHEREAS, a total of five 5)proposals Were received on May 29, 2020 as follows (listed in numerical order of maximum total contract dollar amount): 1.. ECORP Consulting, Inc. - $105,000 2. ATEA - 1491982 2020-07-14 Agenda Packet, Page 103 of 468 Resolution No. Page 2 3. RECON - $151,856 4. Natures Image, Inc. - $167,715 5 Inc. - $229 363.32-. Tierra Data, andI WHEREAS, in addition to following the procurement procedures in the CVMC, due to the Federal funding for the project, staff also followed the guidelines in the Local Assistance Procedures Manual (LAPM)�, Chapter 10-Consultant Selection (January 2020); and WHEREAS, it was the intent of the City to enter into an agreement with the firm submitting the lowest maximum total contract dollar amount and with additional considerations including, but not limited, to experience, overall qualifications, and ability to provide the required services; and WHEREAS, staff reviewed the proposal submitted by ECORP Consulting, Inc. and determined it was responsive in all material respects and that they are responsible and qualified to perform the requested services. Therefore, City Staff recommends approval of the agreement with ECORP Consulting, Inc. with a maximum total contract dollar amount of$105,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the City of Chula Vista Consultant Services Agreement With Ecorp Consulting, Inc. To Provide Willow Street Bridge Replacement Project Environmental Mitigation Compliance Services, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney C-.\Users\legistar\AppData\Local\Temp\BCL Techno1ogies\easyPDF 81(i,BCL@ ,A40DL 7DD6\C(�,BCL C(,�,A4OD7DD6.docx 2020-07-14 Agenda Packet, Page 104 of 468 COMPENSATORY MITIGA I+ N AND MONITORING PLAN FOR THE CITY OF CHULA VISTA'S WILLOW STREET BRIDGE REPLACEMENT PROJECT 1 1 I i / / r / i ..,r r., ,,..... //rrr ,,, „...... .✓ii ,,,,,,,,,,. / r / / � ��i IpIWWIY�V�W k 0, d r wi V 4 i m i , m „rrrr ✓n rar ii iri�i'� �pJ,/,�1�j(1���f�f����dl�%r/��/�,e, /�� /r�w!�///...1�//6✓�r(G/illr ,,,,,,,.,,, "rr. nn,,";✓�f, r,it%%�% ///�dl�/9��.�;f��r �i rr�,r/�, �i rdrr,/✓i�c%(dor a 1, „„ 6�iJoaFdrar,FfIG,'dAr,>wr/. � ����/!�����/�//�%�,, /�j r r ,✓ r//ii r��xw�a.rr��rl/t✓ ,,,,,,,,. / �/ �,�//��rr�/f Ji 1 arr��. / r rlJll�✓�/f�l�(blFwrr� .,,,,,., r// 6a l r l rG/(�!lr rirr rnf✓.rrr ",,.,u,�,P,�, o � r .o �r r „ ,»N rw r 1'cepa ed for: City of Chula vista 276 Fourth Avenue Chula vista, California 91911 Prepared by: AECOM 1420 Kettn r Boulevard, Suite 50 San Diego, California 92101 Contact: Julia Groebner December bier 2012 2020-07-14 Agenda Packet, Page 105 of 46 2020-07-14 Agenda Packet, Page 106 of 468 TABLE OF CONTENTS Section, 1.0 INTRODUCTION.............. I 1.1 Overview and Purpose............................................................................................ 1 1.2 Projected Jurisdictional impacts and Compensatory Mitigation............................�4 2.0 PROPOSED MITIGATION SITES ................................................................................... 8 .1 Location and Size.................................................................................................... 8 2.2 Existing Conditions................................................................................................ 13 2.2.1 Topography and Soils................................................................................13 2.2.2 Hydrology..................................................................................................14 2.2.3 Existing Vegetation....................................................................................15 2.2.4 Sensitive Species........................................................................................16 2.2.5 Jurisdictional Delineation..........................................................................17 3.0 GOAL OF MITIGATION PROGRAM............................................................................ 17 3.1 Types of Habitat to Be Restored........................................................................... 17 3.2 Functions and Values to Be Restored................................................................... 18 3.3 Rationale fo�r Expecting Success........................................................................... 19 3.4 Time Lapse............................................................................................................ 19 4.0 IMPLEMENTATION PLAN......... 20 4.1 Responsible Parties............................................................................................... 20 4.2 Access and Staging............................................................................................... 21 4.3 Implementation, Steps and Schedule..................................................................... 21 4.4 Site Preparation..................................................................................................... 22 4.4.1 Site Protection and Species Conservation Measures.................................22 4.4.2 Native Species Salvage and Exotics Treatment.........................................23 4.4.3 Decompaction, and Erosion Co�ntrol, Measures ..........................................24 4.5 Planting and Seeding Plan .................................................................................... 24 4.5.1 Container Plant Specifications...................................................................29 4.5.2 Container Plant Installation Steps..............................................................30 4.5.3 Seed Specifications....................................................................................30 4.5.4 Seed Application Methods.........................................................................31 4.6 Temporary Irrigation............................................................................................. 31 4.7 Final Landscape Construction Plans and A,s-Built Conditions............................. 32 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page i 04080084 Willou,,St Bri(km,CAI. 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 107 of 468 5.0 MAINTENANCE............................................................................................................. 32 5.1 Site Protection and Erosion Control ..................................................................... 33 5.2 Weed Control........................................................................................................ 33 5.3 Trasb Removal...................................................................................................... 34 5.4 Plant Care and Supplemental Planting/Seeding.................................................... 34 5.5 Temporary Irrigation............................................................................................. 35 6.0 MONITORING AND SUCCESS STANDARDS............................................................ 35 6.1 Implementation Monitoring.................................................................................. 36 6.2 Qualitative Monitoring.......................................................................................... 36 6.3 Annual Quantitative Monitoring........................................................................... 37 6.4 Adaptive Management................................................................................000.0. 37 6.5 Reporting............................................................................................................... 39 6.6 Success Standards and Remedial Measures..........................................................40 7.0 NOTICE OF COMPLETION........ 8.0 REFERENCES .................................................................................................................�42 Page ii Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 108 of 468 LIST OF FIGURES Figure Pau IRegional Map.......................................................................................................................2 2 Vicinity Map........................................................................................................................3 3 Permanent and Temporary Project Impacts to Sensitive Habitats.......................................9 11 in 4 Pen-nanent and r temporary Project Impacts to Jurisdictional Wetlands and Waters.........11 5 Planting and Seeding Plan .................................................................................................25 LIST OF TABLES Tale I Project Impacts to Sensitive Habitats and Mitigation Required..........................................5 2 Project Impacts to Jurisdictional Wetlands and Other Waters and Mitigation Required....6 3 Summary of Temporary Impact Areas to Be Restored.......................................................1 4 Anticipated Restoration Implementation Schedule ............................................................22 5 Native Riparian Plant Palette and Seed Mix......................................................................28 6 Native Upland Plant Palette and Seed Mix........................................................................29 7 Restoration Program Success Standards and Remedial Measures ....................................41. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page iii 04080084 Willou,,St Bri(km,CAI. 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 109 of 468 This page intentionally left blank. Page iv Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 1 10 of 468 1.0 INTRODUCUON 1.1 Overview and Pur The City of Chula Vista (City) proposes to replace the existing two-lane Willow Street Bridge with a four-lane bridge where Willow Street crosses the Sweetwater River (prod ect)�. Willow Street Bridge is located in the lower SweetwaterValley and connects Sweetwater Road with Bonita Road in Chula Vista, California(Figures I and 2). The City is coordinating with. the California Department of Fish and Game (CDFG , U.S. Army Corps of Engineers (l:SACE), Regional Water Quality Control Board (R.W B , and U.S. Fish and Wildlife Service (USFWS) to obtain permits and approval for temporary and permanent impacts to jurisdictional, waters of the U.S. and state. The City is the project proponent and lead agency under the California Environmental. Quality Act (CEQA). The project has a City- approved CEQ , document; the Final Initial Study/Mitigation Negative Declaration, Willow Street Bridge Replacement Project, IS-10-006 (AECOM 2011). The proposed bridge replacement project would consist of the construction of a new four-lane bridge with shoulders, Americans with Disabilities Act (ADA)-compl.iant sidewalks, and extension of Class 11 bike lanes. The superstructure would have a variable depth, ranging from. 3.5 to 5.75 feet, and an overall width of 82 feet, 8 inches. Additional project components include roadway and traffic signal construction improvements, continuation of existing equestrian, trail. crossings, relocation of two existing waterlines, relocation of an existing open channel that is tributary to the Sweetwater River, and temporary realignment of an existing multipurpose path and footbridge. The project includes temporary encroachment and impacts within the County of San Diego's (County) Sweetwater Off-site Mitigation Area (SWOMA), and the Chula Vista MunicipalGolf Course. This, temporary construction encroachment is needed to allow for construction access, staging, and storage of materials during construction of the bridge within the existing right-of-way. The purpose of this Compensatory Mitigation and Monitoring Plan (CMMP) is, to identify the proposed mitigation locations and describe the methodologies by which the City will mitigate for project impacts, pursuant to the standards set by the resource agencies (USFWS,, CDFG, The SW MA is located within the Sweetwater Regional Park,which is under the jurisdiction of the County. The SW MA is owned and managed by the County's Department of Parks and Recreation and includes approximately 60 acres of riparian habitat along the Sweetwater River. The SW MA was developed,to mitigate for impacts to riparian habitat associated with maintenance for existing storm water facilities owned by the County. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 1 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 1 I I of 468 -10,41 IIS, �"�Io V �I u♦Wit..�;u rW,. ��;�19 r1/"I'�V""11`r11�„ I(.� I01, a.,.., "".m I��;�, �7W WIII milml��wl��Y, m°N �I, �3 , 1f"> yr �l � �k I II IV I,l r /i yy/...... f aWy W W I I IUN U t IE 8 W ww w �rr�1I NlrIl YY N W�14 i� 1` IIS ' �!rl�,lii�wr;lw,�„ W^ uelrl I � feF r ( °r „n `r ' ✓ Ill I NICE' EO,1 I1IINI'�Vi Fll(�I s..' � y„��Pw”r�`"^�k]I��I�dll. I wul y f�f�� // �/ %�im W � � � Err �I q �{� r I d�J P,01 Iii' q'-ii� I,IIS' II I ,/��° NI ��)'� w /�/ ' l��w�I"i�I 1 1,311; m I" �y r I /G 1 !` u�'FI IP'I I f / r M l' 3 ud 1 Wd 71 It Ili�^^ b II°VI IV"a U 1 1. 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( I R,1u I:I 4 10u.r b YN)I ) / l / rY I Iul^I �rrrrr7fW�i�r; 1r JJ ; 00 NI gip 0 i /I Source:IESIRI 2012;SANGIS 20112 2 6 0 12 Miles Fare I. Regional Map Scale:1:760,320;1 inch 12 miles Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Path:P.-�20)4104080084 Willow I Bridge M1S"`'Mxd'JDR'I,Fig R��Ficaaacrl_ cr��.rn..rcf 1011212012,augellol.) 2020-07-14 Agenda Packet Page 1].2 of 468 l / V k f I, r 1- �N r W i r I Hh„ Ifrc P�� 4 r � of •�� �r'; r �I f K � � N S' a d ..I..I.... Nil r r,W utl D arIV, jj lq pip, " I 41Vi' u., �I ul� I�I� ➢ r 1°�uWuWl°1M Jr r IW'Nw I r rr W I iaa �mklN���Im'u I 'u I I' f u��alx ur. luw a ku i l � �J}'I r �iuul Ir�u Ir W ry J ,I, Vow IIIIIIIIII � I W 0° I u uaiiw�i �¢ V �v o It IW culf v 4 ul imPd r IIW�wi V w „ r v 1 rl �, d lVi mi f�dl III a amEf'"".mi; M.M. uwuui�iu . _,....._ l ��yye ��jj Ct7" w 1 SII l I u rr I I I l fill II k d fuvr o P � q w N I �+a � YI, ��� I�I,�I' I �' r 'II:G � I�.J I„ �I �a�" '' ��u��``i„,, •Jvi�l�� I San Dieg.......o" LL.,....., ....... ......., a l II r ' l l �� .� .. :r ( 4�. a vgwm�w,w,w,uu aws Mw �II^^II , r j � � � I lu✓ �I fly l .,VJ'� G �m mrurww , I 4 1dG r, ImperialProject rt .. County r c x 1� l Project Site rw ,,,,,,,I, ,,,,,,,I,,,,,,,,, ,,,,,,,,,,,,,,,,I VIII , r V Fq'� 4����I i Ij � mrrrr noior�aiivasu�lira, i �" � I rnlul w�ix�rwrrrtr;nu,�'"�Y,lu�"`�i IwW i"luamlu.yr, u i Source:I,&IRI 2012;SAIVICIS 20112;USGS Topp 7.5''Quad National City,CA 1975 2,000 1,000 0 2,000 Feet Fi"ure 2 Vicinity Map Scale:1:24,000;1 inch=2,000 feet Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Path:P.-�2004�040800 4 Willow Street �i�!��e�.S�I�S"`4�L9xc11C' F'ti�i�T�_�c.ira ty�L9�r�a.rra.:rct, 1011212012,crugellol.) 2020-07-14 Agenda Packet Page H 3 of 468 USACE, and AW B). This CMMP is presented in response to projected project impacts to jurisdictional. habitats and in accordance with anticipated regulatory agency permit conditions. The project site, wbicbencompasses approximately 9.80 acres, is located in the City of Chula Vista and is bordered by the Chula Vista Municipal. Golf Course to the east, the SWOMA to the west, Sweetwater Road to the north, and Bonita Road the south (Figure 2). The Sweetwater River flows west through. the project site, with the width of the river reaching the entire length of the Willow Street Bridge and beyond into Bonita Road. The low-flow channel. of the Sweetwater River is currently located under the south end of the existing bridge. All proposed project activities associated with the replacement of Willow Street Bridge will be contained within the project site. 1.2 Pr9jected Jurisdictional Impacts and Compensatory Mitigation The project has an approved Initial Study/Mitigation Negative Declaration (IS/MN ) (AECOM 2011) that discusses project impacts and mitigation, requirements. The exact impact acreages and mitigation ratios included in the IS/M`ND have been updated to reflect the final project design, an addendum to the MND including updated vegetation mapping (AECO M 2012a), and negotiations with the resource agencies regarding the need for additional mitigation for temporary impacts within, the SWOMA. These updates are reflected in Tables I and 2, below. Table I summarizes the types and amounts of impacts to sensitive habitats and mitigation required. Table 2 summarizes the types and amounts of project impacts to jurisdictional wetland and other waters of the U.S. and state, and mitigation required. Mitigation for permanent, direct project impacts to sensitive habitats and jurisdictional waters will occur off-site, through the purchase of mitigation credits at the Rancho Jamul Mitigation Bank. <<Number and type of credits being purchased>> Mitigation for temporary project impacts will be provided through revegetation of the temporary impact areas with native vegetation at a 1:1 ratio) upon completion of bridge replacement construction. The temporary impact areas,to be restored total 1.1 3 acres, (Table 1). Per direction from the resource agencies, additional mitigation for temporary impacts to habitat within the SWOMA, over and above the 1:1 restoration mitigation in-place, will also be provided through the purchase of mitigation credits at the Rancho Jamul Mitigation Bank. <<Number and type of credits being purchased>> Page 4 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 1 4 of 468 Table L Project Impacts to Sensitive Habitats and Mitigation Required Sensitive Permanent Temporary Natural Impacts Impacts Mitigation Communi (acres) (acres) Ratio' Mitigation Required C 10 ity of Chula Vista Southern 3:1 for Permanent Impacts: Enhancement/Creation of Cottonwood- permanent 1.1 61 acres(3:1)of wetland mitigation with at Willow O�.387 0.159 impacts; 1:1 least 0.387 acre(1:1)of creation.Temporary Riparian Forest for temporary Impacts: Restoration of 0.159 acre(1:1)on-site. impacts 3:1 for Permanent Impacts: Enhancement/Creation of Southern permanent 0.8 10 acre(3:1)of wetland mitigation with at Willow Scrub 0.270 0.235 impacts; 1:1 least 0.270 acre(1:1)of creation. Temporary for temporary Impacts: Restoration of 0.235 acre(1:1)on-site. impacts Coastal and 1:1 for Valley 0000 0.005 temporary Temporary Impacts: Restoration of 0.005 acre . Freshwater impacts (1:1)on-site. Marsh l:I for Permanent Impacts: Creation of 0.049 acre(1:I) Nonnative O.049 0.002 permanent and of wetland mitigation. Temporary Impacts: Riparian temporary Restoration of 01.002 acre(1:1)of native riparian impacts on-site. County of San Diego Southern 3:1 for Permanent Impacts: Enhancement/Creation of Cottonwood- permanent 0.087 acre(3:1)of wetland mitigation with at Willow 0.029 0.037 impacts; 1.1 least 0.029 acre(1:1)of creation. Temporary Riparian for temporary ForeSt2 impacts Impacts: Restoration of 0.037 acre(1:1)on-site. :1 for Permanent Impacts: Enhancement/Creation of Southern permanent o.1 2 acre(3:1)of wetland mitigation with at Willow Scrub 3 0.054 0.409 impacts; 1:1 least 0.054 acre(1:1)of creation. Temporary for temporary Impacts: Restoration of 0.409 acre(1:1)on-site. impacts l:I for Permanent Impacts: Creation of 0.063 acre(1:1) Nonnative permanent and of wetland mitigation. Temporary Impacts: Riparian 3 0.063 0.099 temporary Restoration of O.099 acre 1:1)of native riparian impacts on-site. 0.5:1 for Nonnative O.086 0.177 permanent and Permanent and Temporary Impacts: Restoration Grassland temporary of 0.177 acre(1:1)of NNG on-site. impacts TOTAL 0.938 1.123 Mitigation ratios for wetland impacts are consistent with the City's Wetland Protection Program,the County of San Diego's Biological Mitigation Ordinance,and,state and federal guidelines pertaining to"no net loss." The southern cottonwood-willow riparian forest within the County's jurisdiction that would be impacted by the project is located to the east of the Willow Street Bridge and is not located within the SWOMA. 3 Some southern willow scrub and nonnative riparian habitats,within the County's jurisdiction that would be impacted by the proposed project are located within portions of the SWOMA identified for recruitment. Depending upon negotiations with the wildlife agencies,mitigation for impacts to these habitats within the SWOMA may be as high as 6:1. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 5 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 1]5 of 468 41 Table 2. Project Impacts to Jurisdictional Wetlands and Other Waters and Mitigation Required Amount Jurisdictional within Permanent Temporary Mitigation Wetlands and Project Impacts Impacts Ratio Other Waters— Area(acres) (acres) (acres)' Required Mitigation Required C I ity of Chula Vista USACE/CDFG Jurisdictional Wetlands and Other Waters2 3-1 for Permanent Impacts: Enhancement/Creation of 0.231 acre permanent (3:1)of federal wetlands mitigation with at least 0.077 acre Southern Willow Scrub 0.077 0.066 impacts; 1:1 (1:1)of creation.Temporary Impacts: Restoration of 0.066 for temporary f acre(1:1)on-site. impacts 1:1 for Permanent Impacts: Creation of 0.074 acre(1:1)of federal Mulefat Scrub 0.074 0.068 permanent and wetlands mitigation.Temporary Impacts: Restoration of temporary 0.068 acre(1:1)on-site. impaCUs Coastal and Valley 1:1 for Freshwater Marsh 0.000 0.011 temporary Temporary impacts:Restoration of 0.011 (1:1)acre on-site. impacts 1,-1 for Permanent Impacts: Creation of 0.068 acre(1:1)of federal Freshwater 0.068 0.080 permanent and wetlands mitigation.Temporary Impacts* Restoration of temporary impacts 0.080 acre(]:I)on-site. 1 1:1 for Permanent Impacts: Creation of O.019 acre(1:1)of federal Nonvegetated Channel 0.019 0.419 permanent and wetlands mitigation.Temporary Impacts: Restoration of temporary 0.419 acre(1:1)on-site. impacts 3 CDD G Jurisdictional Waters OnIY 1:1 for Permanent Impacts: Creation of 0.254 acre(1:1)of federal Nonwetland Riparian 0.254 0.121 permanent and wetlands mitigation.Temporary Impacts: Restoration of Habitat temporary 0.121 acre(1:1)on-site. impaCLL5 Page 6 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(k,,e(7MMPJ(.x 121181-1012 2020-07-14 Agenda Packet, Page 1]6 of 468 Amount Jurisdictional within Permanent Temporary Mitigation Wetlands and Proi ect Impacts Impacts Ratio Other Waters Area(acres) (acres) (acres,) Required Mitigation Required 4 County of San Diego USACE/CDFG Jurisdictional Wetlands and Other Waters' 3-1 for Permanent Impacts: Enhancement/Creation of 0.030 acre permanent (3:1.)of federal wetlands mitigation with at least 0.0 10 acre Southern Willow Scrub 0.010 0.060 impacts; 1:1 (1.1}of creation.Temporary Impacts: Restoration of 0.060 for temporary acre(1:1)on-site. im acts 1:1 for Mulefat Scrub 0.000 0.126 temporary Temporary Impacts: Restoration of 0.126 acre(1:1)on-site. impacts 1:1 for Freshwater 0.000 0.015 temporary Temporary Impacts: Restoration of 0.015 acre(1:1)on-site. impacts CDFG Jurisdictional Waters Only3 1:1 for Permanent Impacts: Creation of 0.025 acre(1:1)of federal Non wetland Riparian 0.025 0.032 permanent and wetlands mitigation.Temporary Impacts: Restoration of Habitat temporary 0.032 acre(1:1.),on-,site. impacts TOTALS O.527 01.998 ' Temporary impacts to waters of the U.S. and riparian habitat will be due to construction activities associated with the bridge replacement. 2 Jurisdictional areas included in USACE,RWQCB,and CDFG permitting. 3 Jurisdictional areas including in CDFG permitting only. 4 Temporary impacts to waters of the U.S.and riparian habitat within the County of an.Diego's jurisdiction occur within an existing mitigation area and, depending upon negotiations with the wildlife agencies,mitigation for those impacts could be as high as 6:1. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 7 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 1]7 of 468 In addition, six special-status species are reported from the project site (Section. 2.2.4), including the federally listed least Bell's vireo (Vireo bell i pusillus) and coastal California gnatcatcher (.Polio tila ealijbrnica californiea). Habitat for some of these species willbe directly impacted by the project. These species may also be indirectly impacted by project construction, activities. Mitigation for project impacts to special-status species' habitat will occur through the habitat mitigation measures discussed above. Indirect impacts will be avoided through the implementation of mitigation measures described in the IS/MND (AECOM 2011), including the preparation of this CMMP. The purchase of mitigation, credits and preservation of native habitat at the Rancho Jamul, Mitigation Bank, and the revegetation of the temporary impact areas will. provide high-quality habitat for least Bell's vireo, coastal California gnatcatcber, and other sensitive species. This will adequately mitigate for potential. impacts to special-status species caused by permanent, temporary, and indirect impacts to habitat types due to the project. 2.0 PROPOSED MITIGATION SITES 2.1 Location and Size Mitigation for permanent, direct project impacts to sensitive habitats and jurisdictional waters will occur off-site, through the purchase of mitigation credits at the Rancho Jamul Mitigation Bank. This bank is located approximately 12 miles east of Chula Vista, with a primary service area including the Sweetwater, Otay, and Pueblo San Diego Hydrologic Units. <<Number and type of'credits being purchased>> Mitigation for temporary project impacts will be provided through revegetation of the temporary impact areas (Figures 3 and 4) with native vegetation (at a 1:1 ratio) upon completion of bridge replacement construction. The temporary impact areas will be restored with the habitat types that these areas supported prior to project impacts. The temporary impact areas to be restored total 1.123 acres (Table 1). Additional mitigation for temporary impacts to habitat within the SWOMA, over and above the 1:1 restoration mitigation in-place, will also be provided through the purchase of mitigation credits at the Rancho JamulMitigation Bank. <<Number and type of credits being purchased>> In general, the temporary impact areas consist of those areas of project impacts outside of the proposed new bridge footprint. The temporary impact areas include a section of the Sweetwater River, which flows west through the project site. The portion of the Sweetwater River that will be temporarily impacted is located within the Chula Vista Municipal Golf Course. This very small area(0.005 acre) is the location where the footbridge associated with the multipurpose path Page 8 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 1]8 of 468 a a" , di LEGEND Project Site Bridge Permanent Impacts Temporary Impacts Municipal Boundaries Vegetation R, Coastal and Valley Freshwater Marsh FAM Diegan Coastal Sage Scrub Eucalyptus Woodland Nonnative Grassland .................... W/ Nonnative,Riparian 00 Southern Cottonwood-Wi I low Riparian Forest Southern Willow Scrub Urban/Developed Source:ESIRI 2012;AerialExpress 2010;SanGIS 2012 Figure 3 200 100 0 200 Feet %NNNNNW Permanent and Temporary Project Scale:1:2,400,1 inch=200 feet Impacts to Sensitive Habitats Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Path:P.-�2004)04080084 Willow Street Rru�ge�5GIS)Mxd('MMPTqg3 Vegllah.mxd,1211312012,convadin 2020-07-14 Agenda Packet Page 1]9 of 468 This page intentionally left blank. Page 10 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 120 of 468 01"U1, M E Le" Project Site Bridge Permanent Impacts Temporary Impacts Municipal Boundaries Jurisdiction of U.S.and State(USACE,RWQCB,CDFG) Wetlands Coastal and Valley Freshwater Marsh Mulefat Scrub Southern Willow Scrub Other Waters Freshwater Nonvegetated Channel Jurisdiction of State Only(CDFG) Nonwetland Riparian Habitat Source:ESIRI 2012;AerialExpress 2010;SanGIS 2012 Figure 4 200 100 0 200 Feet %NNNNNW Permanent and Temporary Project Scale:1:2,400,1 inch=200 feet Impacts to Jurisdictional Wetlands and Waters Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Path:P.-�2004)04080084 Willow Street Rru�ge�5GIS)Mxd('MMPTqg4 Wato�s.iI 1211312012,conradmi 2020-07-14 Agenda Packet Page 121 of 468 This page intentionally left blank. Page 12 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 122 of 468 will be temporarily relocated during construction. The majority of the temporary impact areas support native riparian habitat that includes varying amounts of nonnative species. The northernmost portion of the temporary impact areas supports nonnative riparian habitat and nonnative grassland. The temporary impact areas are flanked by the Chula Vista Municipal. Golf Course to the east, the S,WOMA to the west, Sweetwater Road to the north, and Bonita Road to the south. 2.2 E x i s tin g C o,n diti"o n s Sections 2.2.1 through 2.2.5 provide a discussion on the existing ecological conditions of the temporary impact areas. Note that these areas will be cleared and grubbed during project implementation, although some large trees may be cut at the base and their stumps left in, the ground. However, for the most part, it is assumed that the areas will consist of bare dirt wben revegetation implementation begins. 2.2.1 Topography and Soils The temporary impact areas are located in the floodplain of the Sweetwater River, and a portion of the river's primary channel, crosses the project site. The site is relatively flat, although it generally slopes upward on both banks of the river. Elevations on-site range from approximately 57 to 70 feet above mean sea level. (MSL) (AECO 2011). Soil types found within the temporary impact areas include Riverwash; Olivenhain cobbly loam, 9 to 30 percent slopes,- Terrace escarpments; Diablo clay, 2 to 9 percent slopes; and Tujunga sand, 0 to 5 percent slopes (AECOM 2012b). The majority of the temporary impact areas support Riverwask Olivenhain cobbly loam, and Tujunga sand soils. Riverwasb occurs in intermittent stream channels and is typically composed of sandy, gravelly, or cobbly material. It is excessively drained and rapidly permeable. Ofivenhain soils are well-drained, moderately deep to deep cobbly log that have a very cobbly clay subsoil. These soils formed in old gravelly and cobbly alluvium, and are found on dissected marine terraces with slopes of 2 to 50 percent. Olivenhain soils are used mainly for range and watershed. Tujunga soils are very deep, excessively drained sands derived from granitic alluvium. They occur on alluvial fans and floodplains with slopes of 0 to 5 percent. This soil is, susceptible to short periods, of flooding (USDA 1973). Given that the temporary impact areas will be restored with the habitat types that they supported pre-construction, the topography and soils within the temporary impact areas should be suitable to support the revegetation project as planned. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 13 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 123 of 468 2.2.2 Hydrology The Sweetwater River is the only U.S. Geological Survey blue line stream. that crosses the temporary impact areas. The river flows from east to west and parallels the southern boundary of the site. The headwaters of the Sweetwater River begin. in the Cuyamaca Mountains. The river flows west through unincorporated San Diego County, the City of Bonita, the City of National City, and the City of Chula Vista. The river empties into San Diego Bay via the Sweetwater Marsh. The Sweetwater River is classified as an intermittent stream/river in the National Hydrograp,hy Dataset and is considered a relatively permanent water, indicating that the waterbody typically flows year-round or has continuous flow at least seasonally. Specific segments of the river reach coincident with the survey area contain either flowing or standing water through at least the winter months and the majority of the dry season, which is evidenced by signs of frequent flooding and permanently inundated areas occupied by emergent, persistent wetland habitat (AECOM 2012b). Two separate and discreet hydrologic inputs to the Sweetwater River are present within the project site. An excavated channel that flows west along the south side of Sweetwater Road and toward Willow Street Bridge bends south just north of the existing Willow Street Bridge and continues south along the east side of the bridge until it forms a confluence with Sweetwater River. Tbis channel likely remains inundated throughout the year. The second discreet input originates from a quadruple culvert located east of Willow Street Bridge at its southern terminus. Hydrologic inputs from the culvert have created an ephemeral unvegetated channel that continues north under the existing Willow Street Bridge until the bridge's northern terminus. Two other culverts are located within the survey area but do not form discreet hydrological connections with Sweetwater River or the excavated channel. Other surface water inputs into the temporary impact areas include overland sheetflow from surrounding impervious surfaces and irrigation runoff from the Chula Vista Municipal Golf Course (AECOM 2012b). Geocon Inc. prepared a geotechnical investigation of the project site. Groundwater was not directly observed during the field investigation due to the use of drilling fluids for mud rotary borings. However, saturated soil samples encountered in the borings taken at the project site indicated that the groundwater surface elevation is near the water level in the active river channel of about 518 feet MSL. The groundwater levels are expected to fluctuate seasonally with the water level in the river (AECOM 2011 .) Portions of the project site are designated as high risk flood areas (Federal Emergency Management Agency Flood Zone Designations A and AE). Portions Page 14 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 124 of 468 of the project site are also determined to be within the 100- and 500-year floodplains (AEC OM 2012b). Given that the temporary impact areas willbe restored with the habitat types that they supported pre-construction, the hydrology within the temporary impact areas should be adequate to support the restoration project as planned. Additional information regarding hydrology is provided in the jurisdictional, delineation report for the project site (AEC O 2012b). 2.2.3 Existing Vegetation The descriptions of the existing vegetation within the temporary impact areas are based on updated habitat mapping completed in September 2012 and are summarized in the addendum to the MND (AEC OM 2012a). Vegetation community classification follows Holland (1.986) as modified by Oberbauer et al. (2008). Southern cottonwood-willow riparian forest (SCWRF) is found to the north and east of the existing bridge, in association with a minor drainage channel. that drains into the Sweetwater River. This habitat supports Fremont cottonwood (.Populus fre onti ), black willow (Salix gooddingii), arroyo willow (S. lasiolepis), red willow (S.. laevigata), and occasional. western sycamores (Platanus raeemosa). The understory is composed of shrubby willows and mulefat (Baechanis salieifglia). A number of nonnative, ornamental tree species, were noted within the SCWRF, including Canary Island date palm (Phoenix eanariensis), Brazilian pepper tree (Scinus terebint hifolius), Peruvian pepper tree (Se inus molle), river red gum ( ueal ptus camaldulensis), and Ngaio ( yoporum laev,is). Southern willow scrub (SVS) is present on-site in association with the portion of the Sweetwater River to the west of the bridge. This, dense, broad-leaved, winter-deciduous riparian habitat is dominated by black willow, arroyo willow, red willow, narrow-leaf willow (S. exigua), and mulefat. Understory species include natives, such as, western ragweed (A, brosia psilostaehya), Douglas mugwort (Artemisia douglasiana), and stinging nettle (Urtiea dioiea), and nonnative species, including wild celery (Apiurn graveolens), rip�gut brome (Bromus diandrus), bull thistle (Clrsium vulgare), and others. Coastal and valley freshwater marsh (CVFM) is, found in the temporary impact areas within the small section of the Sweetwater River within the Chula Vista Municipal Golf Course that will be temporarily impacted by shading due to temporary relocation of the footbridge. The CVFM is Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 15 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 125 of 468 dominated by common. bulrush (Sehoenopleetus aeutus var. oeeidentalis), Olney's three-square bulrush S. amerieanus), and broad-leaf cattail (Typha latfol ia). A strip, of nonnative riparian (NNR) vegetation is present along the western side of the temporary impact areas. This lea tat is dominated by nonnative, invasive species, which account for greater than. 50 percent of the total, vegetative cover within the upping unit. Indicator species in the NNR habitat on-site include Canary Island date palm (Phoenix eanariensis), Brazilian peppertree (S'eh nus te'rebinthifolius), Peruvian peppertree (S"eh n s molle), and eucalyptus (Eueal tus sp). Nonnative grassland (NNC ) is found at the northwestern end of the temporary impact areas, abutting the intersection, of Willow Street and Sweetwater Road. This habitat is characterized by a dense to sparse cover of annual grasses and forts often with native and nonnative annualforts of Mediterranean origin (Oberbauer 2008). Dominant species in the NNG include various bronze grass (Bromus spp.), wild oats (Avena spp.), wild. radish (Ra panus sativus), prickly lettuce (Laetuea serriola), and other nonnative grasses and forts. The project site is bordered to the east (upstream) by the Chula Vista Municipal, Golf Course. Riparian vegetation, associated with the SWOMA adjoins the project site to the west (downstream). The project site is bordered to the :north by the intersection of Sweetwater Road and Willow Street and residential development. A shopping center and Bonita Road abut the project site to the south (Figure 2). 2.2.4 Sensitive Specks The federally and state endangered least Bell's vireo was detected within the project site during focused surveys conducted during the 20�10 and 2005 breeding seasons. During the surveys in both years, a single least Bell's vireo was detected on-site late in the breeding season. Therefore, the least Bell's vireos heard during the protocol surveys are believed to be immature birds dispersing after the breeding season(AECOM 20 11). Coastal California gnatcatcher is a threatened species under the federal Endangered Species Act and is considered a California Species of Concern. by CDFG (2009). A pair of Califomia gnatcatchers was noted just outside of the project site during a reconnaissance survey conducted in 2009. They were observed on the slopes above Sweetwater Road covered with coastal sage scrub to the northeast of the project site (A.F CC f 2011). Page 16 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 126 of 468 Additional sensitive species found on the project site include the following (ASCO 201 1): • Orange-throated whiptail (Aspidos,celis hyperythra) • Cooper's hawk(Accipiter cooperii) • Yellow warbler(Setophaga petechia) • Yellow-breasted chat(Icteria virens) Implementation of restoration activities will follow measures to protect adjacent native habitat and will be timed to avoid direct and indirect impacts to sensitive species during their breeding seasons. The on-site restoration of native habitat and control of nonnative species will have a direct benefit to sensitive species by increasing their potential foraging and nesting habitats. 2.2.5 Jurisdictional Delineation A jurisdictional delineation was completed for the project site (AECOM 2012b). Figure 4 illustrates the findings of the jurisdictional delineation. These findings are discussed in more detail in the jurisdictional delineation report (AECOM 2012b). 3.0 GOAL OF MITIGATION PROGRAM The goal of this mitigation program is to successfully revegetate and restore the temporary impact areas to the native habitats and jurisdictional resources that were originally present in these areas prior to bridge replacement. Any portions of the temporary impact areas that were disturbed prior to bridge replacement will be revegetated with appropriate native habitat. The temporary impact areas will be temporarily impacted by project implementation and would likely persist in a disturbed state following these impacts in the absence of a focused habitat restoration effort. The temporary impact areas will require planting and seeding, and will be subject to a maintenance and biological monitoring period for a minimum of 5 years, unless the success criteria discussed in Section 6.6 are met earlier. Successful implementation of the mitigation program will provide appropriate compensatory mitigation for temporary project impacts to sensitive habitats and jurisdictional resources, and will restore the functions and services of the habitats and jurisdictional waters that will be temporarily impacted by the project. 3.1 Types of Habitat to Be Restored The types of habitats proposed for restoration within the temporary impact areas consist primarily of those habitats that were present in these areas prior to bridge replacement. Any Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 17 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 127 of 468 portions of the temporary impact areas that supported nonnative habitats prior to bridge replacement will be planted and revegetated with appropriate native plant species. The habitats to be restored consist of 0..1 6 acre of SCWRF, 0.644 acre of SWS, 0.005 acre of CVFM, 0.10 1 acre of NNR, and 0.1 77 acre of NNG (Table 3). All areas of sensitive vegetation communities and jurisdictional wetlands and other waters that will be temporarily impacted will be revegetated with native habitat. Therefore, the proposed restoration will provide adequate in- kind mitigation for temporary project impacts. Table 3,. Summary of Temporary Impact Areas to Be Restored Restored Current Habitat Pre-Impact Acreage Restored Habitat Acreage SCWRF 0.1,96 SCWRF 0.229 SWS 0.644 SWS 0.644 CVFM 0.005 CVFM 0.005 NQTR. 0.1,01, Native riparian habitat' 0.101 NNG 0.1,77 Native upland habitat' 0.177 TOTAL 1.123 1.156 Appropriate habitat types for the temporary impact areas that are currently disturbed with nonnative species will be determined by the restoration ecologist based on the ecological conditions and the immediately adjoining habitat types. 3.2 Functions and Values to Be Restored Habitat functions are defined as the normal. or characteristic activities that take place in a particular habitat. Wetland/riparian areas perform a wide variety of functions, in a hierarchy from simple to complex, as a result of their physical,, chemical, and biological attributes. At the highest level of this hierarchy is the maintenance of ecological integrity, the function that encompasses all of the structural components and processes in a wetland/riparian ecosystem (Smith et al. 1995). Example wetland functions that may be provided by the temporary impact areas include water quality improvement, floodwater storage, fish and wildlife habitat, aesthetics, and biological.productivity. Upland habitats also perform. ecologicalfunctions, such as providing habitat for wildlife species and buffer habitat for wetlands. The mitigation program is intended to restore all habitat functions and values that will. be temporarily impacted by bridge replacement by restoring the temporary impact areas with native habitat. In addition, because the temporary impact areas are degraded to a certain extent by edge effects (including the presence of nonnative plant species) associated with the surrounding urban development, their restoration,provides an opportunity to increase the ecological functions within Page 18 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 128 of 468 these areas. Tberefore, restoration of the temporary impact areas with native habitat is expected to provide a "lift" to biotic and abiotic processes and functions within the temporary impact areas (e.g., improved and expanded habitat for sensitive species such as least Bell's vireo). 0 33 Rationale for Expectint! Success The majority of the temporary impact areas previously supported the habitat types with which they will be restored, indicating that these areas, are suitable for those habitat types. The habitat types, for temporary impact areas, that were disturbed with nonnative species before project impacts will be decided based on ecological conditions and adjacent habitat types, which will ensure that these areas are restored with appropriate haitats. Given the observed hydrological patterns and riparian vegetation within the majority of the temporary impact areas, there is a high confidence that the site hydrology will successfully support the planned habitats after completion of the restoration program. It is expected that once the restored habitat is established, it will be healthy and self-sustaining. Based on the site conditions, it is expected that temporary irrigation would only be needed for 2 (or 3) years to help establish container plants and seeded species. After that, irrigation use would be permanently discontinued. The mitigation program is also expected to be successful because of the location of the temporary impact areas within and adjacent to the SWOMA, which already supports wetland restoration and mitigation areas. The project's location lends high confidence that directly adjacent land uses will remain compatible with the habitat restoration. 3.4 Time Lapse Construction of the proposed project is anticipated to last approximately 27 months and would be conducted in stages to maintain vehicle access during construction. Implementation of the restoration program will occur after the conclusion of bridge replacement activities, once the temporary impact areas are no longer needed for construction staging. The mitigation and monitoring program will take place over a 5-year period following restoration installation. The success standards described in Section 6.6 are intended to be met at the end of this period. Establishment of multi-canopy and high-quality riparian habitats may take longer than 5 years. Specifically, willows and other tree species can take 10 to 15 years to mature, depending on environmental factors such as water availability and soil conditions. Therefore, the 5-year success standard represents an intermediate stage in the long-term succession of the restored habitat. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 19 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 129 of 468 4'.0 IMPLEMENTATION PLAN Provided below is a review of responsible parties and information about access and staging areas, implementation steps and schedule, nonnative species removal protocols, site preparation, temporary irrigation, and the planting plan. 4.1 Responsible Parties Project Proponent. The City is responsible for financing installation, maintenance, and monitoring in accordance with this CMMP to successfully complete the mitigation program. The City's project manager will be responsible for coordinating project progress and ensuring that the details, in this plan are successfully carried out. Restoration Specialist. Overall supervision of the installation, maintenance, and monitoring of this mitigation program will be the responsibility of a qualified restoration ecologist. The restoration ecologist will be an individual or team of individuals with a degree in botany, ecology, or related field, and a minimum of 5 years of successful experience in Southern California with wetland and riparian restoration. The restoration ecologist will educate all participants about mitigation goals and requirements, and oversee protection of existing biological resources; nonnative plant removal; erosion control; site preparation; planting and seeding; and maintenance, monitoring, and reporting. Landscape Architect. Any landscape construction plans for the on-site revegetation program will be prepared by a licensed landscape architect. This task may be completed by the restoration ecologist if that individual(s) is in possession of the appropriate qualifications. Installation Contractor. The City will retain a qualified landscape installation contractor with demonstrated experience in successfully installing and maintaining wetland restoration projects. The contractor will be responsible for implementing the mitigation program and providing maintenance for the 120-day plant establishment period (PEP). The contractor will be a firm (or firms) holding a contractor's license (C-27). The responsibility of the contractor will be complete when the City's project manager agrees that the implementation and initial maintenance phases of work are completed, per the plan specifications. As determined by the City, the installation landscape contractor may continue after installation to maintain the temporary impact areas parcel for 5 years, or the City may retain a separate qualified landscape contractor to perform the 5-year post-installation maintenance period. Page 20 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 130 of 468 Maintenance Contractor. The !pity will retain a qualified landscape maintenance contractor with demonstrated experience in successfully maintaining wetland restoration. projects. The contractor will be responsible for Maintaining the mitigation program., beginning with the approval of the 120-day PEP and ending with mitigation program. sign-off. The contractor will be a firm. or firms) holding a contractor's license (C-2 . The responsibility of the contractor will be complete at the end of the -year maintenance period or when the mitigation, program. receives sign-off fromthe City and the resource agencies, whichever occurs first. 4�.2 Access and Sty in Access to the portion of the temporary impact areas within Chula Vista will. be granted temporarily by the City to the contractors who will be conducting :habitat restoration: installation., maintenance, and monitoring activities. access will be allowed during daylight working hours on. days approved by the City. The County will temporarily grant access to the contractors to those temporary impact areas within. the County limits. Access will be allowed during daylight working hours on days approved by the County. Access and staging will be conducted in a manner that avoids direct or indirect impacts to adjacent native habitat areas. Vegetation trimming will not be needed to allow access to the temporary impact areas, and foot access should be via established paths e.g., the County's equestrian trail or the City's multipurpose path) whenever possible. To protect against contaminant leakages during access and staging, the contractor will be responsible for taping measures to prevent chemicals, fuels, oils, and other hazardous materials from entering public water, air, and soils. Disposal of any materials, wastes, effluent trash, garbage, oil, grease, and chemicals will be done in accordance with federal, state, and Local. regulations. 43 Implementation Steps and Schedule Implementation of the mitigation program will include demarcation of the temporary impact area limits, demarcation of the access and staging areas, site preparation, and container planting and seeding.. Implementation of the restoration program should follow the schedule presented in. Table 4. All word except planting, seeding, and maintenance activities will be completed outside of the breeding season (January 15 through September 15) to avoid potential impacts to raptors, and migratory birds, including bast Bell's vireo. Compensatory]mitigation and Monitoring Plan for the Willow Street Bridge Project Page 21 04080084 W lloiv St Br°ickm,CIiI: '1,doc° 1211812012 2020-07-14 Agenda Packet Page 131 of 468 Table 4. Anticipated Restoration Implementation Schedule Task Completed By Preparation of Mitigation Construction Documents March 2013 (grading,planting/seeding,and irrigation plans) Retainment of a Restoration Ecologist and Contractor(s) May 2015 Initiation of Container Plant and Seed Acquisition June—September 2015 Demarcation of the Temporary Impact Area Limits and Access/Staging Areas June—September 2015 Exotics Treatment and Biomass Removal July—October 20 15 Decompaction of Tempora a Impact Areas August—September 2015 Container Planting and Seeding December -January 2016 Implementation Monitoring Feb,ruaa 201 Conduct 120-I ay Plant Establishment Period(PEP) Februar)�—April 2016 Conduct 5-Year Maintenance and Monitoring Period 5 years from successful installation X2021} 4.4 Site Preparation Site preparation will include decompaction of the temporary impact areas as necessary), removal of any remaining debris (concrete, trash, etc.), installation of erosion control and site protection materials, and eradication and removal of any nonnative species present within the temporary impact areas. 41.4.1 Site Protection and Species Conservation Measures Prior to commencement of restoration activities, the limits of the temporary impact areas will be surveyed and marked in the field. The temporary impact will. be protected from public access with temporary fencing and/or signs prohibiting trespassing. The temporary fencing and/or signs will be installed in a manner that does not impact sensitive habitats to be avoided. The temporary impact area limits and temporary fencing will. be checked and confirmed by the restoration ecologist and City before the contractor begins the installation phase. To avoid potential impacts to listed species associated with the restoration program, certain. measures to protect these species must be observed. These should include the following: • Avoid work during bird breeding season (January 15 through September 15), except for planting, seeding, and maintenance activities. • The restoration ecologist will conduct a training session for all personnel prior to the initiation of site preparation. At a minimum, the training will include a description of the listed and sensitive species in the area (including photographs), their general ecology, sensitivity of the species to human activities, legal protection afforded these species, Page 22 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 132 of 468 penalties for violations of federal. and state laws, reporting requirements, and the conservation measures designed to avoid potential impacts tothese species. • The restoration ecologist will be on-site at least once a day during site preparation activities, planting, and seeding to check on the restoration and provide guidance to the field crews. • No work will occur immediately prior to or during rain events. • Project landscaping separate from the native habitat restoration areas will not include exotic plant species listed on California Invasive Plant Council's (Cal-IPC "Invasive Plant Inventory" list (Cal-IPS" 20o6). 4.4.2 Native Species Salvage and Exotics Treatment After bridge construction, site preparation will include the avoidance and protection of any salvageable native species and the removal and disposal of all nonnative vegetation. Prior to the initiation of exotics treatment, the restoration ecologist will determine if any native species are growing within the temporary impact areas that may be salvaged. Because the temporary impact areas, will be used for construction access, staging, and material storage during bridge replacement, it is, not expected that many, if any, native species will resprout or germinate on- site. However, during restoration site preparation activities, any salvageable native species identified by the restoration ecologist will be marked for protection via nagging and staking. These plants will be protected and avoided by the installation contractor during site preparation and installation activities. In addition, all nonnative vegetation within the temporary impact areas will be removed and properly disposed of off-site. Initial removal of vegetation during the installation phase will occur primarily through physical and mechanical means (i.e., brushing and cutting), although 2 perennial invasive exotics will be treated with herbicide. Once decompaction of the site is completed, nonnative control during the planting and seeding phase and post-installation maintenance period will occur primarily through hand pulling and herbicide treatment. All nonnative seed heads and plant debris will be removed from the temporary impact areas and properly disposed of off-site. Perennial invasives should be treated using the "cut and daub" method, which may be conducted with chainsaws or handsaws. Any resulting material will be For the purposes of this CMMP, invasive exotic plants are those species recognized by the California Invasive Plant Council (Cal-IPC 200 6) as "high" and "moderate" threats to California wildiands and those recognized on- site as potentially inhibiting the establishment and development of native plant species. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 23 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 133 of 468 removed from. the site and disposed of properly off-site. The remaining stumps may be left on- site to decompose, although they may require occasional berbic de re-treatment. Herbicide application will e accomplisbed by licensed contractors using the e .:er c e Aquamaster or equivalent aquatic-approved herbicide). Herbicide will be tinted with a biodegradable dye to facilitate visual control. of spray. Herbicide reporting forms will be prepared and submitted to the City following application. Herbicide use should be limited to localized applications, rather than foliar applications, to limit the possibility for drift and impacts to neighboring native species. 4.4,3 Decompact on and Erosion Control Measures Following nonnative species removal, any portions of the temporary impact areas that have been compacted by construction activities will. be decompacted.. The restoration ecologist and installation contractor will determine which areas require decors paction. l ecornpaction will occur by ripping to a depth of 18 inches two tunes in a perpendicular pattern. Any resulting soil clods will be reduced in size to reestablish nature soil. conditions on-site. The soil. surface should be left in a roughened condition appropriate for promoting seed germination and establisbment. l ecornpaction should occur immediately prior to planting and seeding, and appropriate erosion. control materials will be installed following decompaction to avoid runoff and potential. water quality issues. Erosion control materials may consist of boundary silt fencing, gravel bags, fiber rolls, bonded fiber matrix, weed-free straw wattles, and mulch, as needed. These siltation and erosion control measures will be made from biodegradable materials and will have no plastic mesh, to avoid creating a wildlife entanglement hazard. Appropriate erosion control measures will be installed and maintained in areas of the site as determined by the restoration ecologist and the City. 4.5 Plantn and See+din Plan. Following completion of site preparation, container plants will be installed within the temporary impact areas (Figure 5)�. planting should occur in the late fall, immediately concurrent with the onset of the winter rainy season, to tale advantage of the full growing season and allow the planted species to become well established. Page 24 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 2020-07-14 Agenda Packet, Page 134 of 468 A If 211 LEGEND Project Site Bridge Municipal Boundaries Temporary Impact Revegetation Areas Native Riparian Plant Palette Native Upland Plant Palette Expected to Revegetate with Natural Recruitment(No Planting) Source:ESIRI 2012;AerialExpress 2010;SanGIS 2012 Figure 5 150 75 0 150 Feet =NEI Planting and Seeding Scale:1:1,800,1 inch=150 feet Plan Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Path:P.-�2004)04080084 Willow Street Rru�ge�5GIS)Mxd('MMPTqg5 Planfii�i;SeedingPlan.nad,1211-312012,conradill 2020-07-14 Agenda Packet Page 135 of 468 This page intentionally left blank. Page 26 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 136 of 468 Two site-specific container plant palettes and seed mixes were developed for application withinthe temporary impact areas. Native riparian and upland plant palettes and seed mixes are provided in Tables 5 and 6, respectively. A plant palette for CVFM is not provided, as the amount of this habitat that will be temporarily impacted is very small, and will only be impacted by temporary shading caused by the footbridge no clearing of vegetation). This habitat is expected to passively revegetate following the removal of the footbridge. The plant selections are based on native plant species observed or known, to occur within the vicinity of the site. These plant palettes are based on, intentionally overplanting the temporary impact areas to a small degree to allow for some mortality while still. achieving the restoration program. goals. The restoration, habitat types for the temporary impact areas that were disturbed with nonnative species before being impacted will be determined in the field by the restoration, ecologist, based on ecological conditions and adjacent habitat types. The ma ority of these areas are expected to be planted with riparian species. However, the final, species numbers installed in the temporary impact areas will. be provided with the as-built construction plans prepared at the completion of installation. Container plants will be installed prior to application of the two seed mixes. Container plants will. be installed in. a manner that mimics naturalplant distribution (e.g., random and/or aggregate distributions rather than uniform rows). Prior to planting, the restoration, ecologist will lay out the species and provide appropriate composition layouts within different ecological settings. This is particularly important, as different riparian species are expected to thrive in different portions of the temporary impact areas, based on elevations and distance to groundwater. Generally, wetter areas (those closer to the Sweetwater River) will be planted with different species (e.g., willows, Fremont cottonwood) than those that are not as seasonally wet (e.g., mulefat, western sycamore, coyote brush). Specific container plant and seed specifications are as follows. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 27 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 137 of 468 41 Table 5. Native Riparian Plant Palette and Seed Mix Approx.Spacing Common Container (feet on center) Number Species Name Size from Like Species3, per AC re4 CONTAINER PLANTS'2 Understory and Shrub Spec es Baccharis pilularis coyote brush I gallon 15 50 Baccharis saficifblia mulefat I gallon 20 1,00 Rosa calbrnica California rose I gal Ion 12 100 Salix exigua narrow-leaf willow 1, gallon 20 100 Subtotal 350 Trees Platanus racemosa western sycamore I gallon 30 50 Populusfi-emontii Fremont cottonwood I gallon 40 25 Salix gooddingii black willow 1. gal I on 40 100 Salix laevigatat red willow 1. gallon 15 100 Salix lasiolepis arroyo willow 1. gallon 15 100 Subtotal 375 Total 725 Plants will be from within 10 miles of the project site or from alternative sources(closest commercially available sources)approved by the restoration ecologist. 2 Plants will be certified as free of exotic pests(e.g.,Argentine ants)prior to delivery on-site. 3 Any potential substitutions must be approved by the restoration ecologist. The restoration ecologist will lay out the species and will provide appropriate composition layouts within different ecological settings. 4 The 725 plant-per-acre average equals approximate spacing of 8,feet on center. Minimum Pounds,of Percent Purity/ Pure Live Seed Species Common Name Germination (PLS)per Acre 3 SEED MIX I,2 Ambrosia psilostac4a western ragweed — 85/25 2.0 Artemi,5ia dou&siana Douglas' mu wort — 75/50 0.4 Carex Vivsa San Diego sedge 85/75 1.0 Eleochari,s macrostac4a pale spike-rush 70/70 1.0 Hefiot�c� iurn curassavicum salt heliotrope 8/4,8 0.5 Leymus condensatus gia t wild-rye 90/80 1.0 Juncus mexicanus Mexican rush 95/80 0.1 Oenothery elata ssp.hookerii Hooker's evening primrose 98/75 0.8 Pluchea sericea arrow weed 35/60 0.1 Total 6.9 Seeds will be from within 1.0 miles of the project site or from alternative sources(closest commercially available sources)approved by the restoration ecologist. 2 Any potential substitutions must be approved by the restoration ecologist. 3 The contractor will purchase the quantity of bulk seed that provides the specified PLS given the actual purity and germination rates of the seed stock. Page 28 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 138 of 468 41 Table 6. Native Upland Plant Palette and Seed Mix Approx.Spacing Common Container (feet on center) Number Species Name Size from Like SpecieS3 per Acre 4 CONTAINER PLANTS'2 Artemisia callfbrnica California sagebrush 1. gallon 15 200 Baccharis pilularis coyote brush 1. gallon 15 75 7&hiopsis laciniata San Diego sunflower I gallon 15 120 Eriogonumfiasciculatum California buckwheat I gal Ion 15 245 [voco a me,nziesii coastal goldenbush I gal Ion 15 85 Rhus ince grifolia lemonadeberry I gallon 80 5 Salvia melfifgra black sage I gal Ion 15 145 Total I 1 1 875 Plants will be from within 10 miles of the project site or from alternative sources(closest commercially available sources)approved by the restoration ecologist. Plants will be certified as free of exotic pests(e.g.,Argentine ants)prior to delivery on-site. 3 Any potential substitutions must be approved by the restoration ecologist. 4 The 875 plant-per-acre average equals approximate spacing of 7 feet on center. M* 0 mimum Pounds of Percent Purity/ Pure Live Seed Species Common Name Ger min a tio n (PLS)per Acre 3 SEED MIX I,2 Acmes on glater deerweed 90/60 1.0 Artemisia cal y; rnica California.sa ebrush 15150 0.6 Baccharis pilularis coyote brush 2/40 0.1 Eric gonum fiisciculatum California buckwheat 10/65 2.0 Eschscholzia call arnica California poppy 98/75 1.5 Isocoma menziesii coastal goldenbush 20/40 0.1 Phacelia cicutaria cate_Tillar phacelia 95/80 0.5 Salvia mellyera black sage 70/50 0.7 Total 6.5 Seeds will be from within 10 miles of the project site or from alternative sources,(closest commercially available sources)approved by the restoration ecologist. 2 Any potential substitutions must be approved by the restoration ecologist. 3 The contractor will purchase the quantity of bulk seed that provides the specified PLS given the actual purity and germination rates of the seed stock. 4.5.1. Container Plant Specifications The contractor will obtain container plants from a qualified nursery. All plant materials will be locally native species; no cultivars will be used. Plants and seeds should be obtained from the Sweetwater River watershed in San Diego County, to the extent feasible. Plants must be certified bythe nursery to be free of exotic pests (e.g., Argentine ants) prior to delivery on-site. The restoration ecologist will confirm that plants are delivered to the site in a healthy and vigorous condition before they are installed. The restoration ecologist will inspect container Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 29 04080084 Willow St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 139 of 468 plants and reject plants that are dead, root-bound, stunted, pest-infested, diseased, or unacceptable for other reasons. Prior to planting, the restoration ecologist will lay out the species and will provide appropriate composition layouts within different ecological settings. In addition,, the restoration ecologist will be on-site at least once a day during planting of the temporary impact areas to check on planting activities and provide guidance to the field crews. The restoration ecologist will also be present during collection of willow and mulefat cuttings to oversee this process, if cuttings are used to supplement the container plants. Container plants will be installed in a manner that mimics naturalplant distribution (e.g., random. and/or aggregate distributions rather than uniform rows). 4.5.2 Container Plant Installation Steps Following are the steps to take when installing container plants: • Dig a hole twice as deep and three times as wide as the container. Break up soil clods and avoid a smooth-sided "bathtub" effect in the hole. Fill the planting hole with water and allow the water to drain completely into the soil. • Partially backfill the hole with native soil to allow planting at the proper depth. Moisten and gently tamp the backfill into place. Remove the plant from its container and place on top of the moistened backfill so that the plant collar is approximately I inch above finish grade. Then backfill the remaining hole with native soil. • Create a planting basin berm, roughly 2 feet in diameter around the plant, and apply I to 2 inches of coarse,, organic, weed-free mulch inside the berm. Thoroughly water and allow the basin to drain. Planting will be considered complete when approved by the restoration ecologist and the City. 4.5.3 Seed Sp�ecifications The contractor will obtain seed from a qualified supplier. Seed should originate from within 10 miles of the project site, to the extent feasible. All seed must be delivered to the site in sealed and labeled packaging, along with a California State Agricultural Code seed certification that includes the supplier's name, geographic location, species name, collection date, tested purity and germination percentage rates, percent pure live seed, and bulk weight of the package in pounds. The seeds will be ordered and delivered in separate, original containers by species, and inspected by the restoration ecologist. The contractor will be responsible for adjusting bulk Page 30 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 140 of 468 seeding rates, as necessary, based on the tested purity and germination rates for the delivered seed to achieve the specified amount of pure live seed. The restoration ecologist will, inspect the seed before it is mixed with other species from. the seed mix and applied on-site, and will reject seed lacking certified tags or not conforming to specifications. 4.5.4 Seed Application Methods • Seed ap�p�lication rates are provided in Tables 5 and 6. The contractor is responsible for adjusting bulk seeding rates as necessary, based on the tested purity and germination rates for the delivered seed, to achieve the specified amount of pure live seed. • The seed mixes may be applied in one of two ways: 1. Hydroseed application.- Create slurry with seed (at specified rates per acre), 2,000 pounds/acre of organic fiber mulch, and 150 pounds"acre of organic tackifier. Evenly apply and spray hydroseed slurry from at least two directions to help interlock mulch fibers. 2. Hand broadcasting-. The seed mix will be combined with sand and hand broadcast throughout the temporary impact areas. It will then be raked into the top 1/4 to V2 inch of topsoil. • Care must be taken during seed application to avoid damaging the container stock. The restoration ecologist and City will determine when the planting and seeding phase is successfully completed. Completion, of this phase will mark the beginning of the 120-day PEP. 4�.6 Temporary Irrigation Prior to container planting and seeding, the contractor will install a temporary irrigation system to provide water to the container plants and seeded areas during their establishment phase. A, temporary drip irrigation system is recommended. The system should be designed to last several, years under harsh weather conditions. The system will include temporary PVC irrigation pipes, with main lines and valves installed below-grade and delivery lines installed on-grade. The system will be designed to irrigate the entire site, but will be zoned to allow for control of delivery to each area individually. Through the installation of a master header, water can be delivered in greater quantities to supply the drip irrigation system. It is expected that the temporary irrigation system. will be used for the first 2 years of the scheduled 5.year maintenance and monitoring program. If necessary, irrigationmay be used Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 31 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 141 of 468 during the third year. A goal, of the mitigation program is for the temporary impact areas to persist without irrigation for at least 2 years before the mitigation, program is considered complete. Operation, maintenance, and removal of this system are reviewed in Section 5.5. 4�.7 Final Landscape Construction Plans and As-Built Conditions The restoration ecologist and the City will determine when the installation phase is successfully completed. Completion of this phase will mark the beginning of the 120-day PEP. Once the installation phase is complete, the installation contractor will prepare a set of as-built construction plans that will detail any changes in the temporary impact area limits and acreage, and any changes to planting or seeding (i.e., species and quantities) compared to the original planting and seeding plans. The as-built plans will, also include specific numbers of species installed. The installation contractor will submit the as-built plans electronically to the City within 30 days of the installation being complete. The restoration ecologist and City will review the as-built plans and determine if the installation, contractor needs to make any revisions before they are finalized. 5.0 MAINTENANCE The installation contractor will be responsible for maintenance after installation for the first 120 days of Year 1. After the initial 120-day PEP, the maintenance contractor (which may be the same firm as the installation contractor or a separate firm) will take over responsibility for the remainder of the scheduled 5-year maintenance period. The maintenance contractor will perform maintenance visits and activities in accordance with the restoration goals presented in this CMMP. The number of maintenance visits will vary depending on the amount of work necessary for the temporary impact areas to meet success standards on schedule. The intensity of maintenance over the 5-year period is expected to subside each year as, native plants become established and competition from nonnative plants is reduced through removal of these species,. As, a guideline, the maintenance contractor is, expected to perform maintenance monthly during Years I and 2 and quarterly during Years 3 through 5. The frequency of maintenance may be increased if needed, as determined by the restoration ecologist. For example, exotics treatment may occur more frequently in the spring to adequately control germinating annual exotics,. The maintenance contractor will coordinate with the restoration ecologist on a regular basis, to determine priority maintenance activities during different periods of the project. All maintenance work will be completed by crews on foot. Access to the temporary impact areas will follow the access routes nagged by the restoration ecologist prior to site preparation. Page 32 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 142 of 468 Maintenance activities will include the small area of CVFM and the areas under the new Willow Street Bridge, although these areas will not be planted or seeded. Weed control of the area under the new bridge is particularly important. Because this area will be shaded by the new bridge, it is not expected to support substantial, amounts of native riparian vegetation, and thus will not be targeted for planting. However, this area could provide a nonnative seed source if not properly maintained. The primary maintenance obligations are reviewed below. 5.1 Site rte tion and Erosion Control Unauthorized foot traffic and vandalism. have potential, to occur within the temporary impact areas. Therefore, the site will be protected for the duration of the 5-year maintenance and monitoring period by temporary fencing and/or signs prohibiting trespassing installed prior to restoration program installation. The maintenance contractor will. be responsible for maintaining and repairing replacing the site protection measures, as necessary. If vandalism does occur, the need for additional. site protection measures will. be evaluated to determine the best approach to protect the site. This may include consultation with the City. During the maintenance period, the temporary impact areas will, be evaluated on a regular basis to determine if erosion control, materials need to be added or repaired/maintained. Erosion control materials may include silt fencing, straw wattles, or naturalfiber matting. Any siltation and erosion control measures will be made from biodegradable materials and have no plastic mesh, to avoid creating a wildlife entanglement hazard. 5.2 Weed Control Nonnative species control during the 5-year maintenance and monitoring period will consist mainly of hand pulling, weed whipping, and herbicide treatment. Invasive exotiCS3 will be eradicated wherever they occur within the temporary impact areas. During site monitoring visits (Sections 6.1 — 6.3), the restoration ecologist will create a list of exotic species that need to be removed. Less problematic weeds will be controlled when they proliferate beyond acceptable levels, and are inhibiting the development of native plants. The need for control of these species will be determined by the restoration ecologist. Nonnative plant species will also be removed 3 For the purposes of this CMP, invasive exotic plants are those species recognized by Cal-,IPC 2006 as "high" and, "moderate" threats to California wildlands and those recognized on-,site as potentially inhibiting the establishment and development of native plant species. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 33 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 143 of 468 from container plant basins until the container plants are established. Nonnative plants will be removed before they become 12 inches h.i.gh or they set seed. Hand pulling should focus on small occurrences of annual. weeds and seedlings of perennial. species that can: be completely removed including the root system). Hand pulling is especially effective in the winter and early spring, when annual weeds lave just germinated and are fairly small, and when, wet soils allow easy removal of the entire plant. No mechanical methods or hand tools (such as a shovel) will be used to excavate nonnative species. if root systems of particular nonnative plants that are in a young/small stage cannot be feasibly removed with Viand pulling, herbicide may be applied (see below for guidelines regarding herbicide use). Mecban.i.zed weed control may be conducted using either a bi.gh deck mower and/or string trimmers. A high-deck mower may be used where large, flat areas have heavy weed cover and little or no native growth. The mowers can be set at different heights to target weed inflorescences (flower stalls) but to leave native inflorescences unmowed. String trimmers are especially useful in areas that support too many native species to use a mower, or that are isolated in patches. Weed debris will be properly disposed of off-site. Herbicide application will e accomplisbed by licensed contractors using the e .:er c e Aquamaster or equivalent aquatic-approved herbicide). Herbicide will be tinted with a biodegradable dye to facilitate visual control. of spray. Herbicide reporting forms will be prepared and submitted to the City following application.. Herbicide use should be limited to localized applications, rather than foliar applications, to limit the possibility for drift and impacts to neighboring native species. 3 Trash Removal Trash and debris will be removed from the temporary impact areas during regular maintenance visits and properly disposed of off=sits Organic debris, such as dead limbs, provides habitat value for wildlife and may be left in place, 5A Plant Care and Supplemental lantin /Seefl n Container plant care will be performed as necessary to assist with plant survival and establishment. Plant care includes controlling competing weeds within plant basins, watering the container stock (using a temporary automated irrigation system or other methods), and replacing any diseased or dead plaints as needed. plant care will also be provided for native species that are seeded and, volunteer on-site by removing competing nonnative species. JAIL dead container plants will be replaced at the first and second anniversary of plant installation, unless their Page 34 Compensatory Mitigation and Monitoring Plan for the Willow street Bridge Project 2020-07-14 Agenda Packet, Page 144 of 468 function has been replaced by natural native plant recruitment. Also at the first and second anniversary of plant installation, the restoration ecologist will determine if the small CVFM temporary impact area requires supplemental planting and/or seeding. 0 5.5 Temp =Irrmation The contractor will be responsible for operation and maintenance of the temporary drip irrigation system, including the replacement of nozzles, broken lines, and other issues. The contractor and restoration ecologist will agree on an irrigation schedule during different times of the year. The need for any supplemental irrigation will be determined by the restoration ecologist during site monitoring visits,. It is the intent of this CMMP that irrigation be used judiciously and only when needed. Minimal use of irrigation will promote the establishment of hearty plants with well- developed root systems. In general, infrequent deep watering will be performed to promote deeper root development, as, compared to frequent surface watering. Irrigation use will be adjusted accordingly during the maintenance period,, depending on factors such as plant size and health, and weather conditions. Generally, irrigation will be used to supplement rainfall during the winter and spring, and will be used as modestly as possible during the summer months. It is expected that supplemental watering with the irrigation system will be needed for the first 2 years of the scheduled 5-year maintenance and monitoring program. If necessary, irrigation may be used during the third year. As the container plants become established, the contractor and restoration ecologist will agree on a reduced irrigation schedule, and will eventually phase out irrigation. A goal of the mitigation program is for the temporary impact areas to persist without irrigation for at least 2 years before the mitigation program is considered complete. Once irrigation is no longer needed, as determined by the restoration ecologist, the contractor will remove the irrigation system without damaging native plants. 6.0 MONITORING AND SUCCESS STANDARDS The restoration ecologist will perform monitoring during the restoration installation phase and for 5 years after installation or until success criteria have been met) to verify that functioning, self-sustaining native habitat is established. The restoration ecologist will perform post- installation qualitative and quantitative monitoring to track the progress of the temporary impact areas relative to success standards, and to determine, in a timely manner, whether remedial measures are needed. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 35 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 145 of 468 *t 0 6.1 Implementation on ori The restoration ecologist will monitor the implementation, phase to verify that initial. exotics treatment and biomass removal, site preparation, and native planting and seeding are performed in accordance with, this CMMP. Monitoring will include establishing permanent photo points to be used for implementation monitoring and subsequent qualitative and quantitative monitoring (see Sections 6.2 and 6.3). Once installation has been successfully completed, as determined by the restoration ecologist and the City, the restoration ecologist will write a post-installation letter report, which will,be provided to the City and resource agencies (Section 6.5). 6.2 Qualitati've Monito * Qualitative monitoring will focus on soilconditions, container plant health, seed germination rates, presence of native and nonnative species, any significant disease or pest problems, and any erosion problems. Qualitative monitoring will be performed monthly during Year 1, quarterly during Years 2 and 3, and semiannually during Years 4 and 5. In addition, the restoration ecologist may visit the site more frequently, if necessary. An important feature of this monitoring is to coordinate with the contractor to exchange information, provide feedback, and agree on priority maintenance items and remedial. measures, if needed, during different stages of the mitigation program. The restoration ecologist will use the results of the qualitative monitoring to determine whether maintenance weed control is needed, whether the container plants require supplemental, water, and whether replacement planting is needed. Qualitative monitoring will include vegetation monitoring and photo-documentation. Vegetation monitoring will include an assessment of the presence and approximate cover of exotic species, general health and approximate cover of native plant species, survivorship and condition of the container stock, erosion problems, and unauthorized site access. For the first 2 years of the 5-year maintenance and monitoring period, photos will be taken at established photo-documentation points on a quarterly basis. Thereafter, photos will be taken at these points on an annual basis, in association with annual botanical monitoring. At least six permanent photo stations are recommended to adequately capture the temporary impact areas. Photo stations will be established in prior to site preparation and will be used to document the conditions of the temporary impact areas prior to restoration. The locations of the photo stations and direction in which the photos are taken (compass bearing) will be mapped in the field and displayed on an aerial photograph to be included in each annual monitoring report. Photos taken at the end of each year of monitoring will be included in the annual monitoring Page 36 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 146 of 468 reports (Section 6.5). The quarterly photos taken, during Years I and 2 will be included in the qualitative monitoring memorandums (Section 6.5). 6.3 Annual QuantiRative Monitorin Annual quantitative monitoring will be completed in the late spring/early summer (i.e., May or June) of each year to quantify new annual growth. Year I monitoring will be conducted during the spring/summer following site preparation activities. Annual quantitative monitoring will include photo-documentation and vegetation transects. These data allow for a quantitative assessment of the species composition, percent cover for native and nonnative species, and an evaluation of the project success compared to established performance standards. As mentioned above, at least six permanent photo stations will be established prior to site preparation, and photos will be taken at these points on a quarterly basis for the first 2 years of the maintenance and biological. monitoring. Thereafter, photos will be taken at these points on an annual basis. The annual, photos will be included in the annual monitoring reports. The photo- documentation record will show the vegetation cover in the temporary impact areas and their progression over time. Vegetation transect monitoring will include the sampling of 5o-meter transects placed in the temporary impact areas to determine relative and absolute cover of each plant species present. Depending on the extent of the final temporary impact areas, the length of the transects may need to be adjusted. Vegetation transect monitoring will use the California Native Plant Society field sampling protocol (Sawyer and Keeler-Wolf 1995). Transects will also record the presence and condition of organic matter on the soil surface. Randomly located permanent transects will be established during the first year of annual monitoring. These transects will be used as the basis for quantitative monitoring throughout the life of the restoration program. At least two line- intercept transects will be established in the temporary impact areas. The transects located within the SWS will be established perpendicular to the Sweetwater River. Transect locations will be recorded using Global Positioning System (GPS) technology. In addition to the photo stations noted above, photos will be taken from each end of every transect during each quantitative monitoring event. 6A Adaptive Mannement Adaptive management, also known as adaptive resource management, is a structured, iterative process of optimal decision-making in the face of uncertainty, with an aim of reducing uncertainty over time via site monitoring. As part of this process, it is important to anticipate Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 37 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 147 of 468 potential, (unforeseen or unpredictable) problems, and also to use formal and informal, monitoring information to learn and adapt so that maintenance (remedial measures) and management decisions can. be tailored to address specific site conditions. This form of management will allow the City to respond to unforeseen or unpredictable problems early and to maintain progress toward the required success criteria.. For example, an anticipated solution to a problem in Year 2 of the mitigation programs may be adjusted or replaced with another solution in Year 4 as monitoring results provide new insight into the root causes of the problem. if the temporary impact areas are not on trachto meet the success criteria, adaptive management will be implemented to return the temporary impact areas to their desired condition. Provided below is a review of some potential problems and solutions that may be implemented during the maintenance and monitoring program. Although potential solutions are listed below, monitoring results and an evolving understanding of the site during the monitoring program will be the basis of identification of problems and implementation of solutions. The need for additional planting and/or seeding will be determined by the restoration ecologist, in consultation with the City and the resource agencies. Any additional planting or seeding considered to be necessary should be consistent with. Tables 5 and 6 of this CMMP. • Potential Problem: Poor native seed germination and establishment Potential Solutions: Adjust irrigation schedule, apply additional or alternative native seed 0 Potential Problem: poor native plant survival, growth, and establishment Potential Solutions: Improve soil conditions, adjust species planting based ono servation of hydrologic conditions, adjust irrigation schedule, install additional or alternative native plants 0 Potential Problem: Herbivory Potential Solutions: allow herbi.vory to continue for certain species if it will not result in. plant mortality; provide temporary cages around species that are being adversely affected 0 Potential.Problem: Invasion by exotic species Potential Volutions: Increase frequency of exotic plant control, improve native plant cover on-site to lessen exotic plant invasion locations, address off-site exotic plant population(s) 0 Potential.Problem: Extended drought Potential Solutions: Temporarily increase irrigation frequency, adjust native species composition Page 38 Compensatory/Mitigation and Monitoring Plan for the Willow Street Bridge Project 2020-07-14 Agenda Packet, Page 148 of 468 Potential Problem: Flood impacts Potential Solutions: Address significant erosion problems and modify site grades if appropriate, monitor degree of natural plant recruitment (which is typically positive after flood events), conduct supplemental native planting and seeding if needed 6.5 Re tim! Once installation of the mitigation program is successfully completed, as determined by the restoration ecologist and the City, the restoration ecologist will prepare a pest-installation letter report. The letter report will include photos taken from the permanent photo points and an aerial photograph showing the locations of the permanent photo stations and the directions in which the photos were taken (compass bearing). It will also describe the timing and methods of the implementation activities and the condition of the temporary impact areas at the end of the installation period, including presence and approximate cover of exotic species, general health and approximate cover of native plant species, survivorship and condition of the container stock, erosion problems, and unauthorized site access. The post-installation letter report will be submitted to the City project manager and the resource agencies. The restoration ecologist will prepare brief qualitative monitoring memorandums to summarize the results of the qualitative monitoring visits discussed in Section 6.2. Qualitative monitoring memorandums will be prepared quarterly during Years I and 2, and semiannually during Years 31 4, and 5. Qualitative monitoring memorandums will discuss the presence and approximate cover of exotic species within the temporary impact areas, general health and approximate cover of native plant species, survivorship and condition of the container stock, erosion problems, unauthorized site access, and any other issues requiring attention or remediation. The quarterly photos taken from the photo-documentation points during Years I and 2 will also be included in the memorandums. Qualitative monitoring memorandums will be submitted to the City project manager and maintenance contractor. The restoration ecologist will also prepare annual monitoring reports that will contain the results of the qualitative and quantitative monitoring, including the following.- An assessment of presence and approximate cover of exotic species, general health and approximate cover of native plant species, survivorship, and condition of the container stock, evidence of natural recruitment, erosion problems, and unauthorized site access. This information may be provided via attachments that include all of the qualitative monitoring memos prepared for that year. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 39 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 149 of 468 • An aerial photograph showing the locations of any sensitive species or their signs observed within the temporary impact areas during that year. • Photographs taken from the permanent photo points during annual monitoring and the accompanying aerial photograph with locations and photo directions. • Results and analysis of the vegetation transect monitoring and comparison to that year's success standards. • A description of the restoration activities, including supplemental planting or seeding and exotic species removal, that were completed on-site that year and when they were conducted. • A discussion of any problems noted in the temporary impact areas during that year and proposed activities for the upcoming year of monitoring, including any adaptive management activities deemed necessary. Draft reports will be submitted to the City project manager for review. Final reports will be submitted to the City and the resource agencies. The first annual monitoring report will be submitted in the fall following completion of Year I annual monitoring. Annual reports will be submitted to the agencies by October 30 of each year, or no more than 4 months after the end of the restoration year. 6.6 Success Standards and Remedial Measures Success standards are provided to assess the progress of the temporary impact areas so that the desired native habitat characteristics are achieved within 5 years. The success standards are based on observations of existing good-quality, similar habitats in the project site's vicinity. Yearly botanical success standards are provided as milestones to help determine whether the temporary impact areas are on track to meet the final success standards, or if additional planting, seeding, and/or other remedial measures may be necessary. A combination of qualitative and quantitative monitoring results will determine if success standards are being met. Establishment of a multi-canopy, high-quality wetland/riparian habitat within the temporary impact areas may take longer than 5 years. Specifically, willows and other tree species can take 10 to 15 years to mature. Therefore, after 5 years, the temporary impact areas are expected to be on a trajectory toward a mature habitat, and 5-year success standards represent an. intermediate stage in,the long-term succession of the restored habitat. Page 40 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 150 of 468 If necessary, appropriate remedial measures will be determined by the restoration ecologist in consultation with the maintenance contractor. If significant problems arise, the restoration, ecologist and the City project manager will consult with the resource agencies to agree on appropriate remedial, measures. Success standards and potential remedial, measures for the temporary impact areas are presented in Table 7. Botanicalsuccess standards include no supplemental, watering for at least 2 years before the mitigation is considered complete by the resource agencies to help verify that native habitat is established and self-sustaining. Table 7. Restoration Program Success Standards and Remedial Measures Milestone Success Standards' Remedial Measures Site Preparation and,Plant Soil in temporary impact areas decompacted; Conduct additional decompaction; and Seed Installation exotics and nonnatives removed;erosion remove remaining exotics and control in place as needed;no trash nonnatives; install erosion-,control measures;remove trash and debris Year 1 90%survival of container plants; control of all Install replacement container plants (includes, 120-day PEP) invasive exotiCS2 and overall nonnative cover and increase plant care(e.g., less than 15%;total native cover(from watering);reseed if necessary; container plants,seeded species,and natural intensify control of exotic and recruitment)no less than 20%;no erosion or nonnative species;repair erosion.; trash remove trash Year 285%survival of container plants; control of all Same as above,as necessary invasive exotics and overall nonnative cover less than 15%;total native cover no less than 30%;no erosion or trash Year 3 80%survival of container plants;control of all Same as above,as necessary invasive exotics and overall nonnative cover less than 1.0%;total native cover of 45%; species,"richness"of at least 18 native species (divided between annuals and perenniaIS)3;no erosion or trash Year 4 80%survival of container plants;control of all Same as above,as necessary invasive exotics and overall nonnative cover (except no watering) less than 10%;total native cover of 60%.-no supplemental watering;no erosion or trash Year 5 80%survival of container plants; annual Same as above, as necessary nonnative cover less than 10%and cover of (except no watering) invasive exotics at 0%,;total native cover of at least 75%; species"richness"of at least 18, native species(divided between annuals and perennials);no supplemental watering;no, erosion or trash The native cover success standards mainly apply to the temporary impact areas being revegetated with riparian habitat.The temporary impact areas being revegetated with upland habitat will be held to the nonnative cover, erosion, and trash success standards. For the purposes of this CNIMP, invasive exotic plants are those species recognized by the California Invasive Plant Council(Cal-IPC 2006)as"high"and"moderate"threats to California wildlands,and those recognized on- site as potentially inhibiting the establishment and development of native plant species. The restoration ecologist will provide guidance on the priority exotic species that need to be controlled,at any given time during the 5-year Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 41 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 151 of 468 maintenance and monitoring program. This list of high-priority species may change over the course of the program,as different nonnative species potentially volunteer within the temporary impact areas,although it will be consistent with the references cited above. 3 Species"richness"is the number of species noted on-site. Attainment of this success standard will be verified in post-installation monitoring Years 3 and 5 through the compilation of a detailed species list from the temporary impact areas.Native species total will include species planted and seeded,and volunteers. 7.0 NOTICE OF COMPLETION Once the temporary impact areas have met final success standards (as documented in the final report), and the restoration ecologist, City, and resource agencies concur with this determination in writing via email or letter), the scheduled 5-year maintenance and monitoring program will be complete. Maintenance and monitoring may be extended beyond 5 years, if necessary, to achieve final success standards. 8.0 REFERENCES AECOM. 2011. Final Initial StudylMitigation Negative Declaration, Willow Street Bridge Replacement Projeet, IS-10-006. November. AECOM. 2012a. Addendum to Mitigated Negative Declaration IS-10-006, Willow Street Bridge Replacement Project. December. AECOM. 2012b. City of Chula Vista — Waterline Potholing and Willow Street Bridge Replacement Projects—Jurisdictional Delineation Letter Report. March 19. California Invasive Plant Council (Cal-IPC). 2006. Exotic Invasive Plants of Greatest Ecological Concern. Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. State of California, The Resources, Agency. Oberbauer, Thomas, Meghan Kelly, and Jeremy Buegge. 2008. Draft Vegetation Communities of San Diego County. Based on "Preliminary Descriptions, of the Terrestrial Natural Communities of California," Robert F. Holland, October 1986. Sawyer, J. O., and T. Keeler-Wolf. 1995. .E Manual of California Vegetation. California Native Plant Society. Page 42 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willoiv St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 152 of 468 Smith., R. D.1 A. Ammann, C. Bartoldus, and M. M. Brinson. 1995. An Approach for Assessing Wetland Functions Using IIIA drogeomorphic Classification, R'qference Wetlands and Functional Indices. Technical Report WRP-DE-9, U.S. Army Corps of Engineers, Waterway Experiment Station, Vicksburg, Mississippi. U.S. Department of Agriculture (USDl A). 1,973. Soils Survey qI'San Diego Area, California. Published by the United States Department of Agriculture (USDA) Soils and Conservation Service (SCS), Washington, D.C. Roy H. Bowman, ed. December. Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project Page 43 04080084 Willoiv St Bri(km,CAI: 'P,doc 1211812012 2020-07-14 Agenda Packet, Page 153 of 468 This page intentionally left blank. Page 44 Compensatory Mitigation and Monitoring Plan for the Willow Street Bridge Project 04080084 Willow,St Bri(km,CAIMP,doc 1211812012 2020-07-14 Agenda Packet, Page 154 of 468 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WIT 'E,CORP CONSULTING, INC"�, TO PROVIDE WILLOW STREET BRIDGE REPLACEMENT PROJECT ENVIRONMENTAL MITIGATION COMPLIANCE SERVICE$� This Agreement is entered into effective as of July 14, 2020 ("Effective Date") by and between,the City of Chula Vista, a chartered municipal corporation ("City") and E,CORP Consulting, Inc. ("Consultant") (collectively, the ".'Parties" and, individually, a"Party") with reference to the following facts: RECITALS WHEREAS, City requires Environmental Mitigation Compliance Services for Year 2 tbru Year 5 [City CIP #STL0444 / Federal Project #BRLS-5203(042)] that is associated with the overall Willow Street Bridge Replacement Project [City l..p#STL0261 / Federal Project#BHLS-5203(016)]; and WHEREAS I �in order to procure these services, City solicited proposals in accordance with Chula Vista Municipal Code Sections 2.56.110; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can, deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] I City of Chula Vista Agreement No.:2020-060 Consultant Name:ECORP Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet, Page 155 of 468 uiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuio iuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuiuim City of Chula Vista Agreement o.;2020-060 Consultant Name; n u ltin9 ne. R /24/17 2020-07-14 Agenda Packet Page 1.56 of 468 OBLIGATORY PROVISIONS NOW, THREFRE1 in consideration of the above recitals, the covenants contained herein,, and other. good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the "Deliverables" (if any) described in the attached Exhibit X 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 eco e of Work. City may independently, or upon request from Consultant, from time to time, reduce the required Services to be performed by the Consultant under this Agreement.. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.. 1.3 Additional Services. Subject to compliance with. the City's Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional. services related to the required Services ("Additional Services"). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional. Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit Al "Additional Services" shall also become "required Services" for purposes of this Agreement. 1.4 Standard of Care. Consultant 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 o Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual. approval only and does not relieve the Consultant of responsibility for complying with all laws,codes,industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the forma and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant sball comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business .License. prior to commencement of work, Consultant sball obtain, a business license from city. 1.9 Subcontractors. prior to commencement of any work, Consultant sball submit for City's information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to tale appropriate measures necessary to ensure that all subcontractors and City of Chau a Vista Agreement o.; 020-060 Consultant Name;�'ECORP Consulting,Inc." Rev. 0/24/17 2020-07-14 Agenda Packet Page 1.57 of 468 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant sball ensure that each and every subcontractor carries out the Consultant"s responsibilities as set forth in this Agreement. 1.10 'Term. This Agreement sball commence on the earlier to occur of the Effective Date or Consultant's commencement of the Required Services hereunder,, and sball terminate when the Parties have complied with all their obligations hereunder; provided, however,, provisions which expressly survive termination sball remain in effect. 2. COMPENSATION 2.1 'General. For satisfactory performance of the Required Services,City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoi.cir . Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing sball 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 sball include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain,prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 pa Herat to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been, satisfactorily performed, City sball pay Consultant for the invoice amount within tbirty(30)days. Payment sball 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. Polk v. At City's discretion, ten percent (10%) of the amount due for Required Services detailed on each invoice (tbe "boldback amount") may be retained. Upon City review and determination of Project Completion, the boldback amount will,be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant"s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A,Consultant sball be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City sball not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City sball also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant,, its agents, employees, or subcontractors. 2.7 pa meat Not Final Ap,proval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 4 City of CMa Vista Agreement No.:2020-060 Consultant Name:ECO P'Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet, Page 158 of 468 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will, notify Consultant in writing and Consultant sball promptly return such amount. 30 INSURANCE 3.1 R,equ,i,red Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (tbe '. Required Insurance"). The Required Insurance sball also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (.LESLI with a current A.M. Best's rating of no less than A X. For Workers' Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-Consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees,, agents,, and volunteers must be named as additional insureds with respect to any policy of general. liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City's Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 'General Liability Coverage to be "Prim Consultant's general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents,, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 'No Cancellation,. No Required Insurance policy may be canceled by eitber Party during the required insured period under this Agreement,except after thirty days' prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Sub,r,oh ation. Consultant's insurer(s) will provide a Waiver of Subrogation in favor of te City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain,to subrogation for a claim against City. 3.9 'Verification of Covera e. Prior to commencement of any work, Consultant sball furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 5 City of CMa Vista Agreement No.:2020-060 Consultant Name:ECO P'Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet, Page 159 of 468 ".'will endeavor" and "but failure to mail such notice sball 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 Polk yR,equ,i,re,men.ts. If General Liability, Pollution and/or Asbestos Pollution. Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following-,, requirements also apply: a. The "Retro Date" must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of this Agreement, the Consultant must purchase "extended reporting"coverage for a minimum of five(5)years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation, of Other 10,bIig tions. Insurance provisions under this section sball not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 3.12 Additional Covera e. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and sball be entitled to coverage for higher limits maintained. 6 City of CMa Vista Agreement No.:2020-060 Consultant Name:ECO P'Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet, Page 160 of 468 4. INDEMNIFICATION .1. general. To the maximum extent allowed by law,Consultant shall protect,defend,indemnify and bold barmless 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, lass, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement.. This indemnity provision does not include any clams, 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 Consultant, its employees, agents or officers, or any tbird party.. .2. Modified Indemn,,i,,ty Where A reement Involves Desi n 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, sball be limited to the extent required by California Civil Code section. 2782.8. .3 hosts of Defense and Award. included in Consultant's obligations under this Section 4 is Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified ed Part.es. Subject to the limitations in this Section 41 Consultant sball pay and satisfy any judgment, award or decree that may be rendered against one or more of the indemnified Parties for any and al.1 related legal expenses and costs incurred by any of them. 4.4. consultant's Obligations Not .Limited or Modified. Consultant's obligations under this Section 4 sball not be limited to insurance proceeds, if any,received by the Indemnified Parties,or by any prior or subsequent declaration by the Consultant. Furtberrnore, Consultant's obligations under this Section 4 sball in no way limit, modify or excuse any of Consultant's other obligations or duties under this Agreement. .5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant's obligations under this Section 4.. 4.6 Survival. Consultant's obligations under this Section 4 shall survive the termination of this Agreement, 5. FINANCIAL INTERESTS F CONSULTANT. 5.1 Form 700 Filin . The California Political Reform Act and the Cbul.a Vista Conflict of interest Code require certain government officials and Consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests forma(Form 700). In order to assure compliance with these requirements, Consultant sball comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will,be performing the Required Services, in any real,property or project City of CMa Vista Agreement o.;2020-060 Consultant Name;�'ECORP Consulting,Inc." Rev. 0/24/17 2020-07-14 Agenda Packet Page 161 of 468 which is the subject of this agreement.. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual., nova-contractual., financial. or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant's subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.. For breach or violation of any of these warranties, City shall .have the right to rescind this agreement without liability. 60 REMEDIES .1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the required Services under this agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this agreement (each a "Default"), in addition to any and all other rights and remedies City may have under this agreement, at law or in equity,. City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the agreement termination date. If Consultant notifies City of its intent to cure such. Default prior to City's specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such. cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all "Work product" (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant's receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been, payable under this agreement for such. work, and any such compensation shall be reduced by any casts incurred or projected to be incurred by City as a result of the Default. .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, withor without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such. notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all"Work product"(defined in Section 7 below)to City. Such Work product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal. to the amount due and payable under this agreement for work satisfactorily performed as of the date of the term ination'suspen.sion. notice plus any additional remaining Required Services requested or approved by City in advance that would maximise City's value under the Agreement.. .3 Waiver of Claims. In the event City terminates the Agreement in accordance withthe terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been, presented in writing and filed with. City and acted upon by City in accordance withthe procedures set forgo in Chapter 1.34 of the Chula Vista Municipal. Code, as sane may be amended,the provisions of which, including such policies and procedures used by City City of CMa Vista Agreement o.;2020-060 Consultant Name;�'ECORP Consulting,Inc." Rev. 0/24/17 2020-07-14 Agenda Packet Page 162 of 468 in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant sball meet and confer in good fa is with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 GovemingLaw/Venue. This Agreement sball be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement sball be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under"For Legal. Notice," in section 1.B.. of Exhibit A to this Agreement, and that such service sball 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") sball be the sole and exclusive property of City. No such Work Product sball be subject to private use,, copyrights or patent rights by Consultant in the United States or in any other country without the express,, prior written consent of City. City sball have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent,, in whole or in part, any such Work product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer -files containing data generated as Work Product, Consultant sball make available to City,upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant's unique qualifications and traits. Consultant sball not assign any of its rights or responsibilities under this Agreement, nor any part hereof,, without City's prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Autbo The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer tbereof. 8.4 Counterparts. This Agreement may be executed in counterparts,, each of which sball be deemed an original, but all of which sball constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire A,greement. 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 sball be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements,, understandings,, representations,, warranties and statements, oral or written, are superseded. uia City of CMa Vista Agreement No.:2020-060 Consultant Name:ECORP Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet, Page 163 of 468 8.6 Record Retention.. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts,, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-Consultants. 8.7 Furtber Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and sball at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers sball have control over the conduct of Consultant or any of Consultant's officers, employees, or agents ("Consultant Related Individuals"),, except as set forth in this Agreement. No Consultant Related Individuals sball be deemed employees of City, and none of them sball be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits,, worker's compensation benefits,, injury leave or other leave benefits. Furtbermore, City will, not withhold state or federal. income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant sball be solely responsible for the payment of same and sball bold the City harmless with respect to same. Consultant sball not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant sball 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 sball 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. (Enid of page. Next page is signature page.) City of Chula Vista Agreement No.:2020-060 Consultant Name:ECORP Consulting,Inc." Rev. 10/24/17 JIM 2020-07-14 Agenda Packet, Page 164 of 468 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. E' ORP CONSULTING, INC. CITY OF CHULA VISTA BY: BY: BRANT BRE BEL MARY ASILLAS SALAS "l VICE PRESIDENT ECORP CONSULTING, INC. MAYOR "� ATTEST BY: Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: Glen R. Googins City Attorney 11 City of Chula Vista Agreement No.:2020-060 Consultant Name:ECORP Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet Page 165 of 468 EXHIBIT A SCOPE, OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Gregory E. 'i scherchl Senior Civil Engineer-.1 276 Fourth Ave., Chula Vista, CA 9191 19) 409-1974 gtscherchgchulavistaca.gov For Legal. Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorneygch.ulavistaca.gov B. Consultant Contract Administration: E' ORP CONSULTING, INC. 3838 Camino Del. Rio North, Suite 370 San Diego, CA 92108 (714) 648-0630 bbrechbi.el.gecorpconsulting.com For Legal. Notice Copy to: Tonni Clark 2525 Warren Drive Rocklin, CA 95677 (91+ ) x82-9100 tclarkgecorpconsulting.com 2. Required Services A. General Description: Construction, of the Willow Street Bridge replacement project is complete and habitat mitigation monitoring, reporting and maintenance for Year I of the required 5-Year Maintenance Period is currently underway and is set to end on June 30, 2020. Consultant shall provide a continuation of said habitat mitigation monitoring, reporting and maintenance services for Year 2 through Year 5 as required for Environmental Mitigation Compliance. B. Detailed Description: Consultant shall provide the tasks below in support of the City's "Willow Street Bridge Replacement Project— Environmental Mitigation Compliance" project [Federal Project #BRLS-5203(042) & City CIP #STL0444) and as required in order to meet the CMMP requirements for the"Willow Street Bridge Replacement" [Federal Project #BHLS-5203(016) 1 City CIP#STL0261] project. ill 2 City of Chula Vista Agreement No.:2020-060 Consultant Name:�'ECORP Consulting,Inc" Rev. 0/24/x."7 11 -1 2020-07-14 Agenda Packet, Page 166 of 468 1. Maintenance Monitoring & Inspections (Year 2 tbrougb Year 5) a. Direct all maintenance work for the project. b. Verify that maintenance work is being conducted in accordance with the CMMP and plans and specifications. c. Share information with the maintenance contractor pertinent to their work. d. Provide target non-native species that need to be removed by maintenance contractor. e. Direct plant replacement needs, irrigation repairs, trash removal, site protection, erosion control,, fencing and signage. 2. Qualitative (Horticultural) Monitoring & Reporting (Year 2 through Year 5) a. Conduct horticultural monitoring in accordance witb the CMMP and Project Plans. b. Quarterly site visits during Year 2 and Year 3. c. Semi-annual. site visits during Year 4 and Year 5. d. Complete a standard data sheet and monitoring memo during each monitoring visit (quarterly during Year 2 and semi-annually during Yeas 3-5). 3. Quantitative (Botanical) Monitoring& Reporting (Year 2 tbrougb Year 5) a. Conduct botanical monitoring in accordance with the CMMP and Project Plans. b. Visit the site annually during Years 2 tbrougb 5. c. Establish a minimum of two(2)transects within the mitigation area and marked with capped rebar stakes. d. Record a Global Positioning System (GPS) point at the start and end of each transect. e. Record data along each transect during annual. monitoring events and complete a standard data sheet during annualmonitoring events. f. Complete annualmonitoring reports following monitoring events and submit in the summer. g. Submit reports to the City for draft review(s). b. Address all City comments from draft review(s). i. Submit all final reports to the appropriate permitting agencies. 4. Pre-Final and Final Site Walk a. at the end of the 5-year maintenance period,verify that the site has met all success criteria and then complete a pre-final site walk witb the City and maintenance contractor. b. Review all aspects of the habitat mitigation work to determine if any final tasks are outstanding. C. Prepare a punch-list for any outstanding tasks to the maintenance contractor for completion within 3-weeks. d. Verify that all punch-list items have been, completed. e. Schedule a final site walk with the City, all permitting agencies and maintenance contractor. 5. Project Management& Coordination (Year 2 tbrougb Year 5) a. Coordinate with the maintenance contractor. b. Storm or fire damage site visits to determine if emergency repairs are necessary. c. Provide rapid response site visits to assess damage when notified by the City and/or public. d. Budget review and preparation of monthly progress reports. e. Coordination needed to procure replacement plants or seed. f. Adaptive management strategizing if site is not meeting success criteria. 13 City of CMa Vista Agreement No.:2020-060 Consultant Name:ECORP Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet, Page 167 of 468 6. Habitat Maintenance for Environmental Mitigation (Year 2 tbrougb Year 5) a. Maintain the habitat mitigation area during Year 2 tbrougb Year 5 in accordance with CMMP and Project Plans. b. Maintenance Contractor sball have demonstrated experience in successfully maintaining wetland restoration projects. C. Responsible for maintaining the mitigation program tbrougb mitigation program sign-off from the City and all resource agencies. d. Possess a C-27 Contractor's License. e. Respond to all maintenance requests from the Restoration Ecoiogist. f. Remove the irrigation system after sign-off for the mitigation program is received from the City and all resource agencies. g. Provide labor and materials for all repairs to the irrigation system and maintenance work performed per the direction of the Restoration Ecologist and in accordance with the CMMP and Project Plans. Via. Control and possess all O&M Manuals,, wrenches,, sprinkler keys, valve box cover keys, extra sprinkler beads and controller chart provided by the City. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement sball begin July 141, 2020 and end on 'December 31, 2024�for completion of all Required Services. 4. Compensation A. Form of Compensation, Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.1 above, City sball pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services,, at the rates or amounts as indicated below: I SEE ATTACHED EXHIBIT El LOCAL ASSISTANCE PROCEDURES MANUAL (.LAPM, EXHIBIT 10-H2, COST PROPOSAL B. Reimbursement of Costs None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed tbrougb december 31, 2024 sball not exceed$105,000. 5. Special Provisions: FX_1 Permitted Sub-Consultants: Habitat West, Inc. Security for Performance: Contractor sball procure Performance and Labor and Material Bonds for the Required Services. Sucb bonds are to be issued by a Surety authorized to transact such business in the State of California and listed as approved by the United States Department of Treasury Circular 570 witb an underwriting limitation sufficient to issue bonds in the amount required by the Agreement. Approved entities are listed on the United States Department of Treasury's website - 14 City of CMa Vista Agreement No.:2020-060 Consultant Name:ECORP Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet, Page 168 of 468 www.fiscal,.treasury.gov/fsreports/ref/suretyBn,d/c570.btm. Any renewal certificates required during the course of the Agreement must be renewed and received by the City within fifteen (1,5) days prior to expiration and must meet the sane criteria. No substitutions shall be allowed. DlRJPreva%lin a es. Consultant and its subcontractors of every tier shall comply with. all Federal and Mate law prevailing wage requirements for all persons employed to perform the Required Services, including but not limited to payment of prevailing wages at the specified rates. The prevailing wage rates are determined by the Department of Industrial Relations (DIR) and are available at the City and on the DIR's website. Prior to commencing the Required Services, the Consultant shall provide the City witb a list of its subcontractors and the classifications and wages of workers that will be employed to perform the Required Services. If Contractor desires to modify the list during the term of the Agreement, Consultant shall immediately provide an updated list to the City. To verify compliance with. Mate prevailing wage requirements, Contractor shall be registered with. the DIR's online registration of contractors and shall furnish and submit certified payrolls and other required documentation directly to the I IIA... Consultant and its subcontractors of every tier shall coMply witb all requirements of Labor Code section 1,776. This Agreement is subject to compliance monitoring and enforcement by the I IR pursuant to .Labor Code section. 1'x71.4. In addition. to Federal and Mate law prevailing wage requirements, Consultant shall also comply witb the following in its performance of the Required Services: • Labor Code 1810: Tours in legal day's worl:, • Labor Code 1813: Penalty for exceeding legal day's work; and • Labor Code 1815: One and one-half time rate of pay. Consultant acknowledges and agrees that a failure to comply witb any requirements of this section autborizes the City to withhold payments under the Agreement. Notbing contained in, or not contained in, this section shall be construed to in any way limit Contractor's obligations to comply witb any applicable Federal, Mate, or local law or regulation. Additional Terms and Conditions. In addition to the terms and conditions of the Agreement,Consultant hereby g abide b the federal aid conditions attached hereto and incorporated herein as pp agrees to a y �� �t � as applicable. :e. To the extent that there is an actual conflict between the terms or conditions of Exbibit D and the agreement, the terms and conditions of the Agreement shall control, unless the terms or conditions of Exbib%t D are required by law or funding source, in which case the terms or conditions of Exbib%t D shall control. ill 5 City of CMa Vista Agreement o.;2020-060 Consultant Name; ORP Consulting,Inc." Rev. 0/24/17 2020-07-14 Agenda Packet Page 169 of 468 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form F X_� L 000,000 per occurrence for Insurance Services Office Form General iability: $2 Including products and bodily injury, personal injury CG 00 01 completed operations, (including death), and property personal and damage. If Commercial. General advertising injury Liability insurance with a general aggregate limit is used, eitber 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 *Must be primary,and must not or Blanket Al Endorsement for exclude ProductslCompleted City* Operations Waiver of Recove Endorsement F X_� Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form injury, including death, and CA 00 01 property damage Code 1-any Auto Code 8-Hired Code 9-Non Owned M Workers' $1,000,000 each accident Compensation $1,000,000 disease policy limit Employer's Liability $1,000,000 disease each employee Waiver of Reeve Endorsement F X_� L 000,000 each occurrence Professional iability $1 (Errors & Omissions) $2,,000,000 aggregate Oti er Negotiated Insurance Terms: "NONE" 16 City of Chula Vista Agreement No.:2020-060 Consultant Name:ECORP Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet, Page 170 of 468 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act' and the Chula Vista Conflict of Interest Code 2 ("Code") require designated state and local government officials, including some Consultants,, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Consultants designated to file the Form 700 are also required to comply with.certain ethics training requirements. 4 A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED from disclosure. B. Consultant 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.go,y1dea c,ity,-clerklconflicint-ot-, teres,t-code.) p rtm en tsl dame Email Address Applicable Des ation inter Name of Each Individual Enter email address(esj �"F_] " ,A,. Full Disclosure Who Will Be Providing Service �17 Under the Contract—If B. Limited Disclosure (select one or more qf' the categories under which the Contractor shall individuals have different file). disclosure requirements, 'F_] 1. F-1 2. F-1 3. F-1 4. F-1 5. F-1 6. F-1 7. duplicate this row and �Justification: complete separately for each individual F� C. Excluded from Disclosure Lq I.Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of"Consultant,"pursuant to FPPC Regulation 18700.3,must file a Form 700. 2.Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, Neffile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April I during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be provading services tothe City pursuant tot Agreement as full disclosure, limited disclosure, or excludedfrom disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at(619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code,this document shall serve as the written determination of the Contractor's requirement to comply with the disclosure requirements set forth in the Code. ompleted by: 'Gregory E. Esc herch, Senior Civil Engineer. 1. Cal. Gov. Code §§8 1,000 et seq.; FPPC Regs. 1.8700.3 and 1.8704. 2 Chula Vista Municipal Code §§2.02.01,0-2.02.040. 3 Cal. Gov. Code §§53234,cit seq. 4 CA FPPC Adv. A-1.5-1.47(Chadwick)(201.5);Davis v. Fresno Unfled School District(201.5)237 Cal.App.411 261; FPPC Reg. 1.8700.3 (Consultant defined as an"individual"who participates in making a governmental decision;"individual"does not include co oration or limited liabilitZ companX). 17 City of CMa Vista Agreement No.:2020-060 Consultant Name:ECORP Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet, Page 171 of 468 EXHIBIT D, LOCAL ASSISTANCE PROCEDURES MANUAL (LAPM) EXHIBIT 10,R A&E, BOILERPLATE AGREEMENT LANGUAGE 18 City of Chula Vista Agreement No.:2020-060 Consultant Name:ECORP Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet Page 172 of 468 focal!Assistance Procedures Manual! EXHBIT 10-F A&E Boilerplate Agreement Language EXHIBIT 10-F A&E BOILERPLATE AGREEMENT LANGUAGE (For Local Assistance Federal-aidProjects) NOTE TO LOCAL AGENCY-BE SURE THAT YOUR LEGAL STAFF REVIE S AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE. MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT. THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN,IF MODIFIED BY YOUR LEGAL STAFF. This exhibit contains fiscal requirements from 2 CFR 200 and may be used for state-only funded contracts as well. TABLE OF CONTENTS ARTICLEI INTRODUCTION ..................................................................................................... 3 ARTICLE 11 CONSULTANT'S REPORTS OR MEETINGS........................................................ 4 ARTICLE III STATEMENT OF WORK....................................................................................... 4 ARTICLE I'll' PERFORMANCE E ERI .................................................................................... ARTICLE V ALLOWABLE COST'S AND PAYMENTS............................................................... ARTICLE VI TERMINATION ................................................................................................... 11 ARTICLE VII COST PRINCIPLES AND, ADMINISTRATIVE REQUIREMENTS...................... 11 ARTICLE VIII RETENTION OF REC R JAS ITS................................................................. 1 ARTICLE IX AUDIT REVIEW PROCEDURES........................................................................ 12 ARTICLE X.. SUBCONTRACTING..... ........................................................................................... 14 ARTICLE X1 EQUIPMENT URC ASE AND OTHER CAPITAL EXPENDITURES ............... 14 ARTICLE X11 STATE PREVAILING WAGE RATES ................................................................ 15 ARTICLE XIII CONFLICT F INTEREST................................................................................ 1 ARTICLE XIV REBATES KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ........... 1 ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY ST'AT'E R FEDERAL FUND'S FOR LOBBYING ........................................................................................................ 1 ARTICLE XVI -DIISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE...... 1 ARTICLE XVIIDEBARMENT AND SUSPENSION CERTIFICATION.........M M M M M M M M M M M M M M M M M M M M M M M M M M M M 20, ARTICLE XVIII DISADVANTAGED, BUSINESS ENTERPRISES (COBE) PARTICIPATION..... 21 ARTICLEX..I X INSURANCE..........M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M 23 ARTICLE X,X FUNDING RE.QDIREME TS..............M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M 24 ARTICLE XXI CHANGE IN TERMS ........................................................................................ 24 ARTICLE XXI I CONTINGENT FEE ......................................................................................... 24 ARTICLE XXI I I DISPUTES...................................................................................................... 24 Pale 1 of 29 March 2020 2020-07-14 Agenda Packet Page 173 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language ARTICLE XXIV INSPECTION OF WORK ............................................................................... 25 ARTICLEXXV SAFETY .......................................................................................................... 25 ARTICLE XXVI OWNERSHIP OF DATA................................................................................. 25 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY)s CONSTRUCTION CONTRACTOR. 26 ARTICLE XXVIII CONFIDENTIALITY OF DATA..................................................................... 26 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD, CERTIFICATION ......................... 27 ARTICLE XXX EVALUATION OF CONSULTANT .................................................................. 27 ARTICLE XXXI RETENTION OF FUND'S ............................................................................... 27 ARTICLE XXXII NOTIFICATION ............................................................................................. 29 ARTICLE XXXIII CONTRACT ........ 29 ARTICLE XXXIV SIGNATURES.............................................................................................. 29 Page 2 of 29 March 2020 2020-07-14 Agenda Packet Page 174 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language ARTICLE I INTRODUCTION This AGREEMENT is between the following named,, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY,: The name of the "CONSULTANT" is as follows: (NAME OF CONSULTANT) Incorporated in the State of(NAME OF STATE The Project Manager for the "CONSULTANT" will be The name of the "LOCAL AGENCY" is as follows: (NAME) The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT's Cost Proposal dated (DATE). The approved CONSULTANT's Cost Proposal is attached hereto (Attachment#) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence. C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys' and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence,, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT. D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee, exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City. E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished. F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT. Page 3 of 29 March 2020 2020-07-14 Agenda Packet, Page 175 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the Local AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assiglnment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY. H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT. 1. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. ARTICLE 11 CONSULTANT'S REPORTS OR MEETINGS (Choose either Option I or Option 2) (Option I - Use paragraphs A & B below for standard A GREEMENTs) A. CONSULTANT' shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY's Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to, provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator, as needed, to discuss progress on the AGREEMENT. (Option 2 - Use paragraphs, A & B below for on-call AGR EEMENTs) A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY's Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed�., B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s). ARTICLE III STATEMENT OF WORK (Insert Appropriate Statement of work including a Description of the Deliverables) in the following sections. If a section does not apply to the AGREEMENT, state "Not Applicable to this AGREEMENT.') Page 4 of 29 March 2020 2020-07-14 Agenda Packet, Page 176 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language A. CONSULTANT Services Detail based on the services to be furnished should be provided by CONSULTANT. Mature and extent should be verified in the negotiations to make precise statements to eliminate subsequent uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included. Describe acceptance criteria, and if the responsible CONSUL TANTlengineer shall sign all Plans, specifications and Estimate PS E) and engineering data furnished under the AGREEMENT including registration number. Environmental documents are not considered complete until a Caltrans, District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference). B. Right of Way State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished. C. Surveys State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys. D. Subsurface Investigations State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found In the Standard Environmental Reference. E. Local Agency Obligations All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly. F. Conferences, Site Visits, Inspection of Work This, AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meetingi shall be included in the fee. O. Checking Shop Drawings For A GREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment. H. CONSULTANT Services During Construction The extent,, if any of CONSULTANT's services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services. Page 5 of 29 March 2020 2020-07-14 Agenda Packet, Page 177 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language 1. Documentation and Schedules .AGREEMENTS where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports,, plans,, specifications and estimates,, or similar evidence of attainment of the AGREEMENT objectives. J. Deliverables and Number of Copies The number of copies or documents to be furnished, such as reports,, brochures, sets of plans,, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies. ARTICLE IV PERFORMANCE PERIOD A time must be set for beginning and ending the work under the AGREEMENT. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the AGREEMENT. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the AGREEMENT. A. This AGREEMENT shall go into effect on (GRATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The AGREEMENT shall end on QATE), unless extended by AGREEMENT amendment. B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY. Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTS. On-call AGREEMENTS shall be 5 years maximum. C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years. ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Choose either Option 1, 2, 3, or 4) (Option I - Use paragraphs A through K below for Cost-Plus-Fixed Fee AGREEMENT& Use Exhibit 10-HI.- Cost Proposal Eormat A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including) labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage gates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY)s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change tothe work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to, Page 6 of 29 March 2020 2020-07-14 Agenda Packet, Page 178 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language accommodate the changed work. The maximum total cost as specified in Paragraph "I" of this Article shall not be exceeded, unless authorized by AGREEMENT amendment. B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT's agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award. C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment. D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT)s fixed fee will be included yin the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article I II Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT. G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT. H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY's Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (601) calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's, Contract Administrator at the following address: (LOCAL AGENC 'NAM E OF CONTRACT ADMINISTRA (8DDRESS) 1. The total amount payable by LOCAL AGENCY including the fixed fee shall snot exceed $(Amount). J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable,. Page 7 of 29 March 2020 2020-07-14 Agenda Packet, Page 179 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language (Option 2- For Cost per Unit of Work A GREEMENTs,, replace paragraphs A & B of Option I with the following paragraphs A,, B. and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project. Use'Exhibit I 0-H3.- Cost Proposal Format). A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore. B. The specified rate to be paid for vehicle expense for CONSULTANT's field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in Article III Statement of Work, as applicable. The specified rate to be, paid for equipment shall be,, as listed in the approved Cost Proposal. C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including) labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be Brei for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. Inthe event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to, accommodate the changed work. The maximum total cost as specified in Paragraph 441 3 55 of this article shall not be exceeded unless authorized by AGREEMENT amendment. (Option 3- Use paragraphs A through P for Specific Rates of Compensation Agreements[such as on- call Agreements]. This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to ACRE EMENTs or components of ACRE Ts for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection. Use Exhibit 10-H2.- Cost Proposal Format A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT's approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in duplicate. B. In addition,, CONSULTANT will be reimbursed for incurred (actual) direct costs, other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order. C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders. D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft'Task Order will identify Page 8 of 29 March 2020 2020-07-14 Agenda Packet, Page 18,0 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language the scope of services, expected results,, project deliverables,, period of performance, project schedule and will desiginate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (1 0) calendar days along with a Cost Estimate,, including a written estimate of the number of hours and hourly rates per staff person,, any anticipated reimbursable expenses, overhead,, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT. E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT's approved Cost Proposal. CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT. F. (Local agency to include either(a) or(b) below,- delete the other one) (a) Reimbursement for transportation and subsistence costs shall not exceed State rates. (b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates. O. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator., No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT., J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY. K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title, and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: Page 9 of 29 March 2020 2020-07-14 Agenda Packet, Page 18,1 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language (NAME OF LOCAL AGENCY/ NAME, OF CONTRACT ADMINISTRATOR) (ADDRESS) L. The period of performance for Task Orders shall be yin accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT. M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment. N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has, been satisfactorily completed. G. Task Orders may not be used to amend the language(oar the terms)of this AGREEMENT nor to exceed the scope of work under this AGREEMENT. P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT througlh Task Orders. (Option? 4 - Use paragraphs A through E below for lump sum agreements. Use'Exhibit, 10-Hl.. Cost Proposal Format A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY. B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article I II Statement of Work, LOCAL, AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article V1 Termination. C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator., No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT., D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of Page 10 of 29 March 2020 2020-07-14 Agenda Packet, Page 18,2 of 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language CONSULTANT's work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (LOCAL AGENCYNAME, OF CONTRACT ADMINISTRATOR) CALURNSS) E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount). ARTICLE V11 TERMINATION A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail,, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination. C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages, sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined. D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates, performed to that date, whether completed or not. ARTICLE V11 COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. B. The CONSULTANT also agrees,to comply with Federal proced�ures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has, been made to, the CONSULTANT that are determined by subsequent audit to be unallolwable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY. D. When a CONSULTANT or Subconsultant, is a Non-Profit Organization or an Institution of Higher Education,1 the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. Page 11 of 29 MarcoQ 202 2020-07-14 Agenda Packet, Page 18,3f 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language ARTICLE Vill RETENTION OF RECO,RD,IAUDITS, For the purpose of determining compliance with Gov. Code § 8546 7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but snot limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3,) years from the date of final payment under the AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including/ the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT 9 s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. ARTICLE IX AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY'S Chief Financial Officer. B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT. D. CONSULTANT and subcons,ultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICF ), may be subject to audits, or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances, of a CPA ICR audit work paper review it is CONSULTANT's responsibility to, ensure federal, LOCAL AGENCY, or local government officials are allowed fuill access to the CPA's work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT toincorporate audit or review recommendations, or to ensure that the federal, LOCAL,AGENCY or local governments, have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs. E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the, LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the, management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit Page 12 of 29 March 2020 2020-07-14 Agenda Packet, Page 18,4 of 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance, of prior reimbursed costs. 1. During IOAI's review of the ICR audit work papers created by the CONSULTANT's independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of Tissues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies siglnificant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICT until a FAR (Federal Acquisition Regulation) compliant ICR {e.gl. 48, CFR Part 3,1; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards,), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTo) Audit Guide; and other applicable procedures and guidelines is received and approved by IOAI. Accepted rates will be as follows: a. If the proposed rate is less than one hundred fifty percent (150%,) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. �b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) -the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. 2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT's and/or the independent CPA's revisions. 3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICCR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICC R will become the actual and final ICOR for reimbursement purposes under this AGREEMENT. 4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICOR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICCR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICOR will apply to this AGREEMENT and all other agreements executed between LOCAL,AGENCY and the CONSULTANT, either as a prime or subcoinsultant, with the same fiscal period ICOR. Page 13 of 29 MarcoQ 202 2020-07-14 Agenda Packet, Page 18,5f 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language ARTICLE X SUBCONTRACTING A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT. B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT's approved Cost Proposal. C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted. D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY. E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant. ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY I s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,01001) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service, or consulting work not covered in CONSULTANT's approved Cost Proposal and exceeding five thousand dollars (,$5,000), with prior authorization by LOCAL AGENCY's Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following: 1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment,, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY. Page 14 of 29 March 2020 2020-07-14 Agenda Packet, Page 18,6 of 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language 2. Regulation 2 CFR Part 2010 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. ARTICLE XII STATE PREVAILING WAGE RATES A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DI ) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments. B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage, Rate, Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (htt s://dot.ca. Dov/ ro �rams/const�ruct�i�on/labor-com Bance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of pits subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the, general public. C. General Prevailing Wage Rate Determinations applicable, to this project may also be obtained from the Department of Industrial Relations website at h�ttp://www.dir.ca D. Payroll Records 1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supportingl documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per them wages paid to each journeyman, apprentice, worker, or other employee, employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. 2. The payroll records enumerated under paragraph (1) above shall be, certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows'.. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations,. Certified payrolls submitted to LOCAL AGENCY, the Page 15 of 29 March 2020 2020-07-14 Agenda Packet, Page 18,7 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT. c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request. 3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliteratedin such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing) the work shall not be marked or obliterated. 5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. 6. The CONSULTANT or Subconsultant shall have ten ('10) calendar daysin which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant,fails to comply within the ten (10), day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated., Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator. F Penalty 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant,shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200)for each calendar day, or portion thereof, for each worker paid d less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant, in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting) their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant,to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect iiin failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. Page 16 of 29 MarcoQ 202 2020-07-14 Agenda Packet, Page 18,8f 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the, prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project pis not paid the general prevailing per them wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the, performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 17711 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per them wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant 11 s failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit sighed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per them wages to the Subconsultant 11 s employees on the, public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (1 5) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant were, not paid the general prevailing rate of per them wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY. G. Hours of Labor Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work amore than eight (8) hours in any one calendar day and forty (40) hours yin any one calendar week in violation of the provisions of the, Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked yin excess of e,ight (8) hours per day and forty (40) hours in any week, at not less than one and one-half(1.5) times the basic rate of pay, as provided in §1815. Page 17 of 29 MarcoQ 202 2020-07-14 Agenda Packet, Page 18,9f 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language H. Employment of Apprentices 1. Where either the prime AGREEMENT or the subagreement exceeds thifty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. 2. CONSULTANTs and subconsutants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the D I R Division of Apprenticeship Standards website at https://www.di�r.ca.gov/das/,, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code, §1777.7. ARTICLE X111111 CONFLICT OF INTEREST A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project.ect. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuingl LOCAL AGENCY construction project which will follow. B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law. C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT. D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does snot exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the iriglht, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. Page 18 of 29 March 2020 2020-07-14 Agenda Packet, Page 190 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING, (Include this article in all AG EEM I Ts where federal funding will exceed$150,000. If less than $150,000 in federal funds will be expended on the AGREEMENT; delete this article and re-number the subsequent articles.) A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that: 1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be, paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress,, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, ireinewal, amendment, or modification of this AGREEMENT. 2. If any funds other than Federal appropriated funds have been pai I d or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard F'orm-LLL, "Disclosure Form to Report Lobbying," iin accordance with its iinstructions,. B. This, certification is a material representation of fact upon which reliance was, placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction iimposed by 31 U.S.C. §1352. Any person who fails, to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($1001,000) for each such failure. C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this, certification beincluded in all lower tier subagreements, which exceed one hundred thousand dollars ($100,,000), and that all such subrecipients shall certify and disclose accordingly. ARTICLE XVI NON-DISCRIMI NATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT's sigln�ature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103. B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants, shall not deny the AGREEMENT's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the Page 19 of 29 March 2020 2020-07-14 Agenda Packet, Page 191 of 468 Local Assistance Procedures Manual EXHIBIT 10-R A&E Boilerplate Agreement Language evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. CONSULTANT and subconsultants, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.),, the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housi�ngl Commission implementing Gov. Code §12990 (a-f , set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours,, but iiin no case less than twenty-four (24) hours' notice, to such of its books, records,, accounts, and all other sources of information and its facilities as, said Department or LOCAL AGENCY shall require to ascertain compliance with this clause. E. CONSULTANT and pits subconsultants shall giive written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT. G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U!.S.C. §2000d et seq.). 'Title VI provides that the recipients of federal assistance will implement, and maintain a policy of nondiscrimination in which no person in the United States, shall, on the basis of race, color,, national origin, religion, sex,, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees, and successors, in Interest. H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted proglrams of the U!.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Riglh�ts Act of 196,4). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants. ARTIC�LE XVII DEBARMENT AND SUSPENSION CERTIFICATION A. The CONSULTANT's, signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager: 1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3. Does not have a proposed debarment pending; and Page 20 of 29 March 2020 2020-07-14 Agenda Packet, Page 192 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language 4. Has not been indicted, convicted, or had a civil Judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the, past three (3) years. B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will snot necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA. ARTICLE XV111 DISADVANTAGED BUSINESS ENTERPRISES (DQE) PARTICIPATION A. This AGREEMENT is subject to 49 CFR Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal. B. The goal for DBE participation for this AGREEMENT is Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- 01: Consultant Proposal DBE Commitment, , or in Exhibit 10-02: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs, to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective,, could reasonabily be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information — Good Faith Efforts to, document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of AGREEMENTs financed in whole or in part with federal funds. The LOCAL AGENCY, CONSULTANT or subcoinsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTLANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LOCAL AGENCY deems appropriate, which may include, but is not limited to: (1)Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible E. A DB,E firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting LOCAL AGENCY consent for the Page 21 of 29 March 2020 2020-07-14 Agenda Packet, Page 193 of 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language termination, CONSULTANT must meet the procedural requirements specified in 49 CFR §26.53(f). If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. F. Consultant shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of Consultant) pursuant to prior written authorization of the LOCAL AGENCY's Contract Administrator. G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF)when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performingl, managing, and supervising the work involved. To perform a CUF, the BE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where appilicablle), and paying for the material itself. To, determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors. H. A DBE doles not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime CONSULTANT's shall also, show the date of work performed by their own forces along with the corresponding dollar value of the work. K. Upon completion of the AGREEMENT, a summary of these records shall be prepared and submitted on the form entitled, Exhibit 17'-F: Final Report-Utilization of Disadvantaged Business, Enterprise (DBE)l First-Tier Subconsultants, certified correct by CONSULTANT or CONSULTANT's authorized representative ands all be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (CBE), First-Tier Subconsultants" is submitted to the Contract Administrator. L. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in wriit�i�ngi with the date of decertification. If a subconsultant becomes a certified DBE during the life ofthe AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY's Contract Administrator within thirty (3,0) calendar days. Page 22 of 29 March 2020 2020-07-14 Agenda Packet, Page 194 of 46 8 Local Assistance Procedures Manual EXHIBIT 10-R A&E Boilerplate Agreement Language KA. After submitting an involice 'foir reimbUrsement"that includes a payment to a DRE, but no later,than the 10"1111 of the following rnonth, the prime cointractor/consul'tant shall complete and email the Exhibit 9­ F: Disadvantaged Business Enterprise Running Tally of Payments to business.su pport.un it@dot,.ca.gov with a copy to the Ag&'icy. N. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section. ARTICLE XIIX INSURANCE (Choose either Option I or Option 2) (Option I - for AGREEMENT with a scope of services that may require the CONSUL TAN T or subcon,sultant to work within the operating state or Local Agency Highway Right of Way; where there would be exposure to public traffic or construction operations). A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,0010,00,01) per occurrence. B. The Certificate of Insurance will provide: 1. That the insurer will not cancel the insured's coverage without thirty (30) calendar days, prior written notice to LOCAL AGENCY. 2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds,, but only insofar as the operations under this AGREEMENT are concerned. 3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy. C. CCS NSULTANT' agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT,. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT or for a period of not less than one (1) year. New Certificates of Insurance are suibject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event., (Option 2 - for A GREEMEN Ts with a scope of services that will not require the C ONS UL TA N T or subconsultant to work within the operating state or focal Agency Highway Right of Way where there would be exposure to public traffic or construction CONSULTANT operations). CONSULTANT is not required to show evidence of general comprehensive liability insurance. Page 23 of 29 March 2020 2020-07-14 Agenda Packet, Page 195 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language ARTICLE XX F'UNDING, REQUIREMENTS A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made. B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds. D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds. ARTICLE XXI CHANGE IN TERMS A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY's Contract Administrator. C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which pis a part of this AGREEMENT without prior written approval by LOCAL AGENCY's Contract Administrator. ARTICLE, XXII CONTINGENT FEE CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees,, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the aright to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XXIII DISPUTES Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. (Choose either Option I or Option 2) (Option I - Use paragraphs A through C below for all'AGREEMENTs without PS&E submittal) Page 24 of 29 March 2020 2020-07-14 Agenda Packet, Page 196 of 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language A. Any dispute, other than audit, co�ncer�ningl a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee, consisting of LOCAL AGENCY 51 S Contract Administrator and (,Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT. B. Not later than thirty (3,0) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for preview will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance iiin accordance with the terms of this AGREEMENT. (Option 2- Replace Paragraph B, above, with the following for A GREEMENTs requin'ng the submission of PS&E) B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request preview by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. ARTICLE XXIV INSPECTION OF WORK CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times du�ringl the performance period of this AGREEMENT. ARTICLE XXV SAFETY A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas, are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. (Add the following paragraph to all A GREEMENTs, which may require trenching of five feet or deeper) D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §65010 and §6,705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper. ARTICLE ; XVI OWNERSHIP OFCATA A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, Page 25 of 29 March 2020 2020-07-14 Agenda Packet, Page 197 of 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language reports, investigations, appraisals, inventories,, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT's privileged information, as defined by law, or CONSULTANT's personnel information, along with all other property belonging exclusively to City which is in CONSULTANT 7 s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City. B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation,, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City. C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City's sole risk. D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts). E. LOCAL AGENCY may permit copyrighting reports oir other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. ARTICLE XXV11 CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is requ�ired in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this AGREEMENT. C. Services of CONSULTANT's personnel in connection with LOCAL AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims. ARTICLE XXV111 CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY's operations, which are designated confidential by LOCAL AGENCY and made available Page 26 of 29 March 2020 2020-07-14 Agenda Packet, Page 198 of 468 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion,, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY's actions on the same, except to LOCAL AGENCY's staff, CONSULTANT's own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee. D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY'S written permission. (For PS&E contracts add paragraph F, below, to paragraphs A through E, above) E. All information related to the construction estimate is confidential, and shall snot be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to, reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, incluiding, but not limited to, City's attorney's,fees and disbursements, including without limitation experts' fees and disbursements. ARTICLE XXIIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. ARTICLE XXX EVALUATION OF CONSULTANT CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record. ARTICLE XXXII RETENTION OF FUNDS (LOCAL AGENCY to include either B,, C, or D below; delete the other two) B. No retainage will be withheld by LOCAL AGENCY from progress payments due the CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and no Page 27 of 29 March 2020 2020-07-14 Agenda Packet, Page 199 of 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language �retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants, to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual,, administrative,, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to of DBE and non- DBE CONSULTANT and subconsultants. C. No retainagie will be held by the LOCAL AGENCY from progress payments due the CONSULTANT. Any retainage held by the CONSULTANT or subconsultants,from progress payments due subconsultants, shall be promptly paid in full to s,ubconsultants within thirty (30) calendar days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR §26.29) requires that any delay or postponement of payment over thirty (30) calendar days may take place only for good cause and with the LOCAL AGENCY)I s, prior written approval. Any violation of this provision shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified in Business and Professions Code §7'108.5. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial ireimedies, otherwise available to the CONSULT'ANT' or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT', deficient subconsultant performance, or noncompliance by a subconsultant. This, provision applies to both DBE and non- DBE CONSULTANT and subconsultants. D. The LOCAL,AGENCY shall hold retainage from the CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by LOCAL AGENCY, of the AGREEMENT work, and pay retainage to CONSULTANT based on these acceptances. The CONSULTANT, or subconsultant, shall return all monies withheld in retention from a subconsultant within thirty (30) calendar days after receiving payment for work satisfactorily completed and accepted including incremental acceptances ofportions, of the AGREEMENT work by the LOCAL AGENCY. Federal law (49 CFR §28.2°9) requires that any delay or postponement of payment over thirty (30) calendar days may take place only for good cause and with LOCAL AGENCY's prior written approval. Any violation of this provision shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Business and Professions Code §7'108.5. These requirements she not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subcon�sultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and subconsultants. Page 28 of 29 M210Qh 202 2020-07-14 Agenda Packet, Page of 46 8 Local Assistance Procedures Manual EXHBIT 10-R A&E Boilerplate Agreement Language ARTICLE XXXII NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt �requested,, postage prepaid, and addressed as follows: CONSULTANT: (CONSULTANT) (NAME) ,project Manager (ADDRESS) LOCAL AGENCY: (LOCAL AGENCY) (NAME) Contract Administrator (AL 'R SS) ARTICLE XXXIII CONTRACT The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby aglree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below. ARTICLE XXXIV SIGNATURES (Name of LOCAL AGENCY) (Name of CONSULTANT) (Signature) (Signature) (Name of Signer) (Name of Signer) Date: Date: Page 29 of 29 March 2020 2020-07-14 Agenda Packet, Page 201 of 46 8 EXHIBIT E LOCAL ASSISTANCE PROCEDURES MANUAL (LAPM) EXHIBIT I OmH2 COST PROPOSAL 1 11114 City of Chula Vista Agreement No.:2020-060 Consultant Name:ECORP Consulting,Inc." Rev. 10/24/17 2020-07-14 Agenda Packet Page 202 of 468 EXHIBIT 10-1-12 COST PROPOSAL Page I of 3 SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note:Mark-ups are Not Allowed Date: 5/29/2020 Consultant: ECORP Consulting,Inc. Prime or Sub Consultant Prime Project Number: CIP#5TL0444 Contract No: BRLS-5203(042) Participation Amount: $37,485 For Combined Rate 215.45° Fringe Benefit% +General&Administrative% Combined ICR% OR For Home Office Rate Fringe Benefit% +General&Administrative% Home Office ICR% For Field Office Rate Fringe Benefit% +General&Administrative% Field Office ICR% Fee 10% Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg %or$Hourly Hourly Range for Name/Job Title/Classificationl Straight3 07(1.5x) 0T(2x) From To Rate 4 Increase Classifications Only Brant Brechbiel $ 280.27 N/A N/A 7/1/2020 6/30/2021 $ 80.77 0% QA/QC Manager $ 288.68 N/A N/A 7/1/2021 6/30/2022 $ 83.19 3% Exempt $ 297.34 N/A N/A 7/1/2022 6/29/2023 $ 85.69 3% $ 306.26 N/A N/A 7/1/2023 6/30/2024 $ 88.26 3% Josh Corona-Bennett $ 138.80 N/A N/A 7/1/2020 6/30/2021 $ 40.00 0% Project Manager,Restoration Ecologist $ 142.96 N/A N/A 7/1/2021 6/30/2022 $ 41.20 3% Exempt $ 147.25 N/A N/A 7/1/2022 6/29/2023 $ 42.44 3% $ 151.67 N/A N/A 7/1/2023 6/30/2024 $ 43.71 3% Greg Hampton $, 95.63 $, 109.41 $ 123.19 7/1/2020 6/30/2021 $ 27.56 0% Restoration Specialist,Biologist $, 98.50 $, 112.69 $ 126.89 7/1/2021 6/30/2022 $ 28.39 3% Non-Exempt $ 101.46 $, 116.08 $ 130.69 7/1/2022 6/29/2023 $ 29.24 3% $ 104.50 $, 119.56 $ 134.62 7/1/2023 6/30/2024 $ 30.12 3% Caroline Garcia $ 74.95 $ 85.75 $ 96.55 7/1/2020 6/30/2021 $ 21.60 0% Restoration Specialist,Biologist $ 77.20 $ 88.32 $ 99.45 7/1/2021 6/30/2022 $ 22.25 3% Non-Exempt $ 79.52 $ 90.97 $ 102.43 7/1/2022 6/29/2023 $ 22.92 3% $ 81.90 $ 93.70 $ 105.50 7/1/2023 6/30/2024 $ 23.60 3% Torrey Rotellini $, 68.05 $ 77.85 $, 87.66 7/1/2020 6/30/2021 $ 19.61 0% Restoration Specialist,Biologist $, 70.09 $ 80.19 $, 90.29 7/1/2021 6/30/2022 $ 20.20 3% Non-Exempt $, 72.19 $ 82.59 $, 92.99 7/1/2022 6/29/2023 $ 20.80 3% $, 74.36 $ 85.07 $, 95.78 7/1/2023 6/30/2024 $ 21.43 3° Christina Torres $ 67.66 $ 77.41 $ 87.16 7/1/2020 6/30/2021 $ 19.50 0% Biologist $ 69.69 $ 79.74 $ 89.78 7/1/2021 6/30/2022 $ 20.09 3% Non-Exempt $ 71.78 $ 82.13 $ 92.47 7/1/2022 6/29/2023 $ 20.69 3% $ 73.94 $ 84.59 $ 95.25 7/1/2023 6/30/2024 $ 21.31 3% Wendy Turner $ 100.35 $, 114.81 $ 129.27 7/1/2020 6/30/2021 $ 28.92 0% Biologist $ 103.36 $, 118.26 $ 133.15 7/1/2021 6/30/2022 $ 29.79 3% Non-Exempt $ 106.46 $, 121.80 $ 137.14 7/1/2022 6/29/2023 $ 30.68 3% $ 109.66 $, 125.46 $ 141.26 7/1/2023 6/30/2024 $ 31.60 3% Laura Hesse $ 88.62 $ 101.39 $ 114.16 7/1/2020 6/30/2021 $ 25.54 0% Technical Editor $ 91.28 $ 104.43 $ 117.59 7/1/2021 6/30/2022 $ 26.31 3% Non-Exempt $ 94.02 $ 107.57 $ 121.12 7/1/2022 6/29/2023 $ 27.10 3% $ 96.84 $ 110.79 $ 124.75 7/1/2023 6/30/2024 $ 27.91 3% Samantha Alfairo $, 57.25 $ 65.50 $, 73.75 7/1/2020 6/30/2021 $ 16.50 0% Project Assistant $, 58.97 $ 67.47 $, 75.97 7/1/2021 6/30/2022 $ 17.00 3% Non-Exempt $, 60.74 $ 69.49 $, 78.25 7/1/2022 6/29/2023 $ 17.50 3% $, 62.56 $ 71.58 $, 80.59 7/1/2023 6/30/2024 $ 18.03 3% Jiackie McComas $ 97.96 $ 112.07 $ 126.19 7/1/2020 6/30/2021 $ 28.23 0% Project Accountant $ 100.90 $ 115.43 $ 129.97 7/1/2021 6/30/2022 $ 29.08 3% Non-Exempt $ 103.92 $ 118.90 $ 133.87 7/1/2022 6/29/2023 $ 29.95 3% $ 107.04 $ 122.46 $ 137.89 7/1/2023 6/30/2024 $ 30.85 3% 2020-07-14 Agenda Packet, Page 203 of 468 EXHIBIT 10-1H2 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-(NEEDED CONTRACTS)(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note:Mark-ups are Not Allowed Date: 5/29/2020 Consultant: ECORP Consulting,Inc. Prime or Sub Consultant Prime Project Number: CIP#STL0444 Contract No: BRLS-5203(042) Participation Amount: $37,485.00 SCHEDULE OF OTHER DIRECT COST ITEMS(Add additional pages as necessary) Description of(herr Quantity Unit Unit Cost Total Mileage Costs 5000 mile 0.55 $, 2,725.00 Equipment Rental and Supplies $ - Permit Fees $ Plan Sheets $ Test - Vehicle - $ - Subconsultant 1:Habitat West,Inc. $ 67,515.00 2020-07-14 Agenda Packet, Page 204 of 468 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PRSAL Page 3 ot'3 Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 -Letting of Contracts 10. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 11. 23 Code of Feller q1 Regulations Pail 172 -Procurement, Managen-lent, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Re gulations Part 9 -Cost &COUlitini4 Standards Board when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project, files, and be in compliance with applicable federal and state,requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certif ing- Name: Brant BrecXqel Title Vice President/CCO Signature Date of Certification (mm./dd/yyyy)-. Email: bbrechbi el @ ecorp consul ti ng.com Phone Number: (714) 648-0630 Address: 2861 Pullman Street, Santa Ana, CA 92705 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a.Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Environmental Compliance Services Page 7 of 9 January 2020 2020-07-14 Agenda Packet, Page 205 of 468 EXHIBIT 10-H2 COST PROPOSAL Page 1 of 3 SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note:Mark-ups are Not Allowed Date: 5/29/2020 Consultant: Habitat West,Inc. Prime or Sub Consultant Sub Consultant Project Number: CIP#STL0444 Contract No: BRLS-5203(042) Participation Amount: $67,515.00 For Combined Rate 105.11% Fringe Benefit% +General&Administrative% -- Combined lCR% OR For Home Office Rate Fringe Benefit% +General&Administrative% - Home Office ICR% For Field Office Rate Fringe Benefit% +General&Administrative% -- Field Office ICR% Fee -- 10.0% Hourly Billing Ratesz Effective Date of Hourly Rate Actual or Avg %or$Hourly Hourly Range for Name/Job Title/Classification1 5traight3 OT(I.5x) OT(2x) From To Rate Increase Classifications Only Gigi Hurst* $ 141.46 N/A N/A 7/7./202.0 6/30/2021 $ 62.70 0% Habitat Specialist $ 145.71 N/A N/A 7/1/2021 6/30/2022 $ 64.58 3% Exempt $ 150.08 N/A N/A 7/1/2022 6/30/2023 $ 66.52 3% $ 154.58 N/A N/A 7/1/2023 6/29/2024 $ 68.51 3% Stan Williams* $ 67.69 N/A N/A 7/7./2.020 6/30/2021 $ 30.00 0% Operations $ 69.72 N/A N/A 7/7./2021 6/30/2022 $ 30.90 3% Exempt $ 71,81 N/A N/A 7/1/2022 6/30/2023 $ 31.83 3% $ 73.96 N/A N/A 7/1/2023 6/29/2024 $ 32.78 3% Reynaldo Ramos** $ 60.99 $ 74.50 $ 88.02 7/7./2020 5/30/2021 $ 27.03 0% Superintendent $ 62.81. $ 76.74 $ 90.66 7/1./2021 6/30/2022 $ 27.84 3% Non-Exempt $ 64.70 $ 79.04 $ 93.38 7/1/2022 6/30/2023 $ 28.68 3% $ 66.64 $ 81.41 $ 96.18 7/7./2023 6/29/2024 $ 29.54 3% Field Laborer** $ 36.10 $ 44.10 $ 52.10 7/7./2020 6/30/2021 $ 1.6.00 0% 15.00 to 20.00 Maintenance Crew $ 37.18 $ 45.42 $ 53.66 7/1./2021 6/30/2022 $ 16.48 3% Non-Exempt $ 38.30 $ 46.79 $ 55.27 7/1/2022 6/30/2023 $ 16.97 3% $ 39.45 $ 48.19 $ 56.93 7/1/2023 6/29/2024 $ 17.48 3% Foreman** $ 45,12 $ 55.12 $ 65-12 7/1/2020 6/30/2021 $ 20.00 0% 18.00 to 22.00 Maintenance crew $ 46.48 $ 56.78 $ 67.08 7/7./2021 6/30/2022 $ 20.60 3% Non-Exempt $ 47.87 $ 58.48 $ 69.09 7/1/2022 6/30/2023 $ 21.22 3% $ 49.31 $ 60.24 $ 71.16 7/1/2023 6/29/2024 $ 21..85 3% Clerical/accounting* $ 83.48 N/A N/A 7/1/2020 6/30/2021 $ 37.00 0% Exempt $ 85.98 N/A N/A 7/7./2021. 6/30/2022 $ 38.11 3% $ 88.56 N/A N/A 7/7./2022 6/30/2023 $ 39.25 3% $ 91.22 N/A N/A 7/1/2023 6/29/2024 $ 40.43 3% *Key Personnel **Prevailing Wage 2020-07-14 Agenda Packet Page 206 of 468 EXHIBIT 10-H2 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note.Mark-ups ore Not Allowed Date: 5/29/2020 Consultant: Habitat West,Inc. Prime or Sub Consultant Sub Consultant Project Number: CI #STL0444 Contract No: BRLS-5203(042) Participation Amount: $67,515.00 SCHEDULE OF OTHER DIRECT COST ITEMS(Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total Rope for fencing 1.@21400 3 $ 50.00 $ 150.00 Wood stakes 100 1 $ 1..00 $ 100.00 Straw wattles 20 1 $ 40.50 $ 810.00 Signs 12 1 $ 1.5,00 $ 180.00 Tee posts 1.2 1 $ 6.50 $ 78.00 Dump fees 8 1 $ 55.00 $ 520.00 i i I f I E s I 1 2020-07-14 Agenda Packet Page 207 of 468 /llrr//jf ,///rid J r r i J /r77r , / ! ,,... r r ✓i/r r r r r r r a / ce, Mreo's an Proc'Odu ., '�`� ,` � ' 0 77 L f st` f'my,knowledge andt all directt I n the osakthe contract* ,'the unhders, ed certify tolhe be in n is cortrare actual, reasonable, allowable"fand allocableto followingterms and the requwements contract T Generallycl n, IIS *ples (GAAP) 8. , Terms and conditions of'the contract, 9. TMe 23 UndedStates Code Section 112 - Letting of Contracts 10. 48 Code of Federal Contract Cost P in les, I Procedurels It 23 Code, "FederaiRegulations Part 17�- Procurement,' a s nt, and Administration n sneering and Design Related S c 12. 48 Code of Federal applicAble) All costsmust, � consistently and fairlyto all contracts., ocum f or must, retained in the prqect fifes a: n c an a p ' f d state reqs nt ,r C,C�Stjs t i nit with t federal and state requirements are for, i t ri "'t6nsoltant or Su,bconsu!ltant Certif�J,19K. .� Gigs Hu s President CEO Title Si"Ature, �U Date of Certification gn (rnm/dd/yyyy)" '��I ��,'� ��� iir� l��r'MF��� 760'-735-9678 Phone Num bed � ass Mwill ,��07 ��ed "���� Su"'te B Escond" o, CA X202'9 dv* u I -An,in id a executive or finah''cial officer ofthe'c nsultan or suIbconsutan s or aniabon at thVi 01r,a Chief Finanicial n ower an_, itt ce PresidentO�� �qu*valent, who has "orf, �w'o " esen �i�t � � ainform ion uti wed to establish the costproposal for the - d.. cone ....7,)", r,/ r n nt-is-,V' rolv ng, eco un opo sed contract rr77 '/ te swal,ton, ain' nce sery rices, ion ter' maintenance'weed'In wa' in ����n 4 year 9, rr / r r� ri i/ ,...,, iii / ,„ Page 208,of 468 Pa- Fee Proposal for Willow Street Bridge Replacement Project Environmental Mitigation Compliance (CIP#ST'L0444) G N00=1 COST PROPOSAL Please refer to Exhibit 10-H2—Cost Proposal-Specific Rates of Compensation in the previous section for the breakdown of'the hourly cost rates and ODCs. The total fee is: $1015,000. May 29,, 2020 m 26 E(0,RP Consult'ling 11 111C. 1,IN V I H()N N1 f'A 1,77)7 st LT A NTS P20-285 2020-07-14 Agenda Packet, Page 209 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 14,2020 File ID: 20-0267 ,TITS RESOLUTION OF THE CITY COUNCIL OF THE CI'T'Y" OF CHULA VISTA AMENDING SHE MEASURE P INFRAS'TRUC'TURE, FACILITIES,AND, EQUIPMENT EXPENDITURE PLAN AND TRANSFERRING $500,000 IN MEASURE APPROPRIATIONS FROM STL0430 To DRNo 11, STORM DRAIN (CMP) REHABILITATION OUTSIDE THE RIGHT OF'WAY (PHASE II) PROJECT FOR EMERGENCY CONTRACT' CHANGE ORDERS WITH SPINI LLO COMPANIES 4/5 VOTE REQUIRED] ACTIONRECOMMENDED ° Council adopt the resolution. SUMMARY On July 17, 2018, City Council awarded a construction contract to Spliniello Companies for the CMP Rehabilitation outside the Right of way Phase II Project F 2017/ 018 CIP No. DR o 11 funded by Measure P. Due to a pipe failure and resulting sinkhole requiring extensive emergency repairs, cast increases to the project exceed the approved contingencies. .Additional funds were transferred to this project via Council actio.on.April 21, 2020,an d:May 26, 2020,for the sinkhole repair. However, due to the. underground nature of the work, the full scope of emergency repairs could not be known at those times. Unforeseen difficulties in the repair and the discovery of an additional pipe failure at this location have resulted in the need for additional funds. On. November 8, 2016, Chula Vista voters approved Measure P, authorizing a one-half cent sales tax increase on retail sales within the City for a period of ten (101) years to repair failed or failing assets throughout the cit . Staff recommends (1) amending the Infrastructure, Facilities, and Equipment Expenditure Plan, and ) transferring $500,000 in Measure P from STL0430 to DR 0211 to complete the emergency construction charge order with Spin.iello Companies. ENVIRONMEN'TAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act(CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEC A Guidelines Section 15301 Class 1 Existing Facilities) and Section 15302 Class 2 (Replacement or Reconstruction) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. P 1 2020-07-14 Agenda Packet, Page 210 of 468 BOA11D/COMMISSION/COMMIT IIIrEE RECOMMENDATION Per Ordinance 3371, the function of the Measure P Citizen Oversight Commission shall be to review and report on City compliance with the terms of this Ordinance and the spending guidelines contained in the City Council Intended Infrastructure, Facilities and Equipment Expenditure Plan and each Measure P Spending Plan presented and approved by the City Council,thereafter. After reviewing the nature of the item, it was determined that CMP projects are eligible expenditures identified in the Plan and the item can be brought back for COC consideration as soon as the next meeting on July 23, 2020. However due to the emergency nature of the issue, staff will e-mail the COC members the staff report that will be considered by the City Council at the July 14, 2020 Council meeting in order to provide them the opportunity to provide comments. DISCUSSION On December 31, 2019, a sink hole was discovered at a recycled aggregate processing and storage facility operated by Pavement Recycling Systems Inc. at 855 Energy Way. Research revealed that the sinkhole was within a City of Chula Vista drainage easement, and centered above an access riser on a 66 inch diameter Corrugated Metal Pipe (CMP) owned by the City of Chula Vista. //��ylJ^�r(„ �,;ii�;r!rd�)fi i; u9 „;r N ,�w;;n n ,:. ':', 1+' drrl..........//:�, fq5i' has I VI Figure 1—Drone Aerial Photo of 855 Energy Way Sinkhole Page 2 2020-07-14 Agenda Packet, Page 211 of 468 The City engaged Sp,iniello Companies on an emergency basis to make, required repairs. Wet weather conditions prevented the repair work from beginning until March 24, 2,020. Work to date has included reconstruction of the slope adjacent to Energy Way, removal of unsuitable material in the sinkhole, dewatering, shoring construction to allow safe working conditions,, and excavating to expose the 66-inch diameter pipe. r ria Wi Illi li SRI Is low rr 7 ei,5 1. w "'t. ,uta........ "u. p, i. ✓ AN, ........'I'll ni ................. '1Z lo ,4 ti IA44�il, V7, Olt Figure 2 - Reconstructed Slope and Welders Beginning the Shoring Construction Due to the 35-foot depth of the excavation, unforeseen difficulties in the shoring construction and excavation have hindered the work and slowed progress. Once the excavation reached the known pipe collapse location, an additional pipe failure was discovered. The completion of the repair of the original pipe collapse and repair of the new pipe failure will require additional funds. The expected cost of the remaining work is $500,000 including contingency. 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April 16, 2019. STL04 o is the second phase of the pavement rehabilitation project and included the remaining street segments with a Pavement Condition Index (PCI) of less than 25. This project is approximately 95% compilete. Based upon the contingency fund needs to date, there is sufficient funding available to complete the paging, project after transferring $500,000 from. STL0430 (pavement rehabilitation category) to DRN02 .1 (storm drain. category). Staff will continue to monitor the paving project closely to ensure that any unforeseen conditions that may arise are managed within the limits of the remaining,contingency amount. Infrastructure Facilities Flan. The City Council adopted the Infrastructure, Facilities and Equipment Expenditure Flan (Flan) on December 6, 2016, relating to the expenditure of the Measure P Sales Tax. Both projects were approved and funded as part of the Measure P Pavement Rehabilitation category (STL0430) and the other P I 2020-07-14 Agenda Packet, Page 215 of 468 Infrastructure (storm drain) category (DRN0211)., The scope and location of the sinkhole repair is compliant with the Measure P commitment of fixing failed Corrugated Metal Pipe outside of'the public right of way. Staff has determined amending the Plan to include the sinkhole repair is compliant with the Measure P guidelines and is urgent due to the significant nature of the failure. Due to the nature of the emergency, staff recommends amending the Infrastructure, Facilities and Equipment Expenditure Plan (Expenditure Plan) due to the risks of additional damage and increased costs if delayed. The funding of CMP is an authorized expense category in the plan. The amendment would only be to reallocate, funds between two categories as indicated below. Staff is planning on presenting this item for review to the Measure P COC on July 23, 2020. The amended Expenditure Plan and various expenditure categories are summarized below: MENEM Street Pavernent Rehab Phases 1/11 (STL0427/STL0430) Eng&Capital Proj 15,551,5ff (500,0( !$ !15,051,560006 1CMP Rehab Outside ROW(DRN0209/DRN0211/D00 RN0216) Eng&Capital ProfProj $ 9,341,000 1 $ 500, 1� $ 9,841,0 Change Orders On May 9, 2017, City Council approved Resolution 17-0174 to adopt ordinance (Ord. 3400 § 1, 20,17) of the City of Chula Vista and amend Chapter 2.,56 of the Chula Vista Municipal Code - "Purchasing System". This ordinance amended the change order limits and authorizes the City Engineer to approve change orders up to the remaining CIP budget available for the CIP project. As such, amending the Expenditure Plan and transferring funds to DRN0211 would allow the City Engineer, to enter, into necessary contract change orders. DECISIOM-MAKER CONFLICT Staff has determined this decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities, and City Council members' property will not be affected disproportionately to other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2, sections 187010 and 18702.2(d)(1)),this item does not present a real property- related conflict of interest under the Political Reform Act(Cal. Gov't Code§ 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member', of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of the resolution will (1) amend the Infrastructure, Facilities, and Equipment Expenditure Plan, and (2) transfer $500,000 in Measure P from STL0430 to DI N0211 accelerating the repair and replacement of critical assets. ONGOING FISCAL IMPACT Upon completion oft ue project,the improvements will require routine maintenance. P 7 2020-07-14 Agenda Packet, Page 216 of 468 AT rACHMEN rs None., Staff Contact:Jonathan Sal man,Senior Civil Engineer P �3ge 8 2020-07-14 Agenda Packet, Page 217 of 468 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING TIME, MEASURE P INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN ANIS TRANSFERRING $500,000 IN MEASURE P APPROPRIATIONS FROM STL0430 TO DRN021 I, STORM DRAIN (CMP) REHABILITATION OUTSIDE THE RIGHT OF WAY (PHASE II) PROJECT FOR EMERGENCY CONTRACT A►.CT CHANGE ORDERS WITH SPI IFI LO COMPANIES (415 VOTEREQUIRED) WHEREAS, on November 8, 2016 the People of the City of Chula Vista approved Measure P authorizing a pane-half cent sales tax on retail sales within the City for a period of ten C10" years, WHEREAS,EAS, per Chula Vista Municipal Code CVMC section 3.33.160.A, all revenue generated by the tax shall be accounted for in the General. Fund as a separate line item and will. then be transferred to a General Fund subfund entitled "Measure `P' Sales Tax Fund"; WHEREAS, as required. by CVMC section 3.33.160.A, staff has created. the 2016 Measure P Sales Tax. Fund (Fund 201) for the purpose of accounting for all revenues and expenditures of Measure P monies- WHEREAS, the Measure P Infrastructure, Facilities and. Equipment Expenditure Plan ("Expenditure Plan") has been updated to reflect, where necessary, the ratification of Measure P and expenditures pursuant thereto; WHEREAS, per Ordinance 3371, the function of the Measure P Citizen Oversight Commission (COC) shall be to review and report on City compliance with the terms of this Ordinance and the spending guidelines contained in the Expenditure Plan approved by the City Council; WHEREAS, after reviewing the urgent nature of the necessary repairs, as identified it this resolution and accompanying agenda statement, staff determined it was necessary to bring this item directly to the City Council and intends to preset this item to the COC at its reit scheduled meeting on July 23, 2020; WHEREAS, staff has e-mailed the agenda statement accompanying this resolution to the COC members and informed them that this item will be considered by the City Council at the July 1 , 2020 Council meeting in order to provide them the opportunity to ,provide comments-, and WHEREAS, on July 17, 2018, the City Council adopted Resolution 2018-139 awarding a construction contract to Spiniello Companies for the CMP Rehabilitation Outside the Dight of 2020-07-14 Agenda Packet, Page 218 of 468 Resolution No. Page 2 Way Phase 11 Project FY2017/201 , CIP No. DRN0211 ("Project") and work is currently in progress for the Project, WHEREAS, due to a pipe failure and resulting sinkhole requiring extensive repairs, cost increases to the Project will exceed the approved contingencies; WHEREAS, it is necessary to complete the sinkhole repair to prevent further pipe failures or failure of the ad j acent road, which would necessitate significantly more costly repairs, WHEREAS, the scope and location of the sinkhole repair is compliant with the Measure P commitment of fixing failed corrugated metal pipe outside of the public right of way; and. WHEREAS, the amendment to the Expenditure Plan will transfer $500,000 from the Measure P Pavement Rehabilitation category(STL0430) to the other Infrastructure (storm drain) category RN0 11)to complete an emergency storm drain repair; WHEREAS, staff has determined amending the Expenditure Plan to transfer fronds from. ST o4 o to DRN0211 to fund emergency contract change orders is compliant with the Pleasure P guidelines and is urgent due to the nature of the failure; wI-IiEDEAS, CVMC 2.56.160.C.2 authorizes the City Engineer to approve change orders up to the remaining CIP Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it amends the Measure P Infrastructure, Facilities, and Equipment Expenditure Plan and transfers $500,000 in Measure P appropriations from ST 04 o to DRN0211 for emergency contract change orders. Presented.by Approved as to form by WILLIAM S. VALU GLEN R. GOOGINS Director of Engineering & Capital.Projects City Attorney 2020-07-14 Agenda Packet, Page 219 o 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 14,2020 File IU: 20-0276 TITS RESOLUTION of THE CITY COUNCIL OF THE CITY of CHULA VISTA APPROVING A MINISTERIAL PERMIT PROCESS'To ALLOW BUSINESSES ALONG THIRD,AVENUE BETWEEN E AND G STREETS To EXPAND'THEIR OPERATIONS INTO THE PUBLIC RIGHT-OF-WAY WITH: 1) SOCIAL DISTANCING ANIS QUEUING AREAS; ) SIDEWALK CAFES;ANIS/OR, ) CURE CAFES ACTIONRECOMMENDED Council adopt the resolution. SUMMARY On May 5, 2020, in response to the ongoing COVIN-19 pandemic, the City Council approved Chula Vista's CO I 1990-Day Economic Recovery Plan. one tenet of this plan is the exploration and establishment of business-friendly City policies and programs to create an environment that minimizes costs, burdens, and barriers for Chula Vista businesses. These efforts are guided by the City's pursuit to facilitate a safe re- opening and recovery of Chula Vista's local economy. One additional feature of the COVIN-1 90-Day Economic Recovery Plan, and the focus of this agenda item, is the City Council's establishment of a no-fee permit that will allow businesses on Third Avenue between E and G Streets to encroach into the public right-of-way,where feasible,for,expanded business operations. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a"Project"as defined under Section 15378 of the state CEA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 150601(c)(3) of the state CF' s.Guidelines,the activity is not subject to CE .A. Notwithstanding the foregoing, it has also been determined that the activity qualifies for ars Exemption pursuant to Section 1.5 o 61(b) ) of the California Environmental Quality acct Mate Guidelines.Thus,no environmental review is required. BOARD/COMMII'TTEE RECOMMENDAtrION Not applicable. 1 . 0 0 1 P � 1 2020-07-14 Agenda Packet, Page 220 of 468 DISCUSSION On May 5, 2020, in response to the ongoing COVIN-19 pandemic, the City Council approved Chula Vista's COVID-19 90-Day Economic Recovery Plan. One tenet of this plan is the exploration and establishment of business-friendly City policies and programs to create an environment that minimizes costs, burdens, and barriers to Chula Vista businesses. used on requirements and expectations we all must comply with in light of COVID-19,businesses are unable to accommodate the same capacity levels they were accustomed to prior to onset aft e pandemic.As a result, staff continues to explore unique ways to create opportunities for business success during our economic recovery by safely optimizing capacity levels for Chula Vista businesses. The proposed program and permit process will accommodate a safe and reasonable absorption of'eco nomic demand within the local economy during the City's recovery from COVID-19. One additional feature of the CC VVIR-19 90-Day Economic Recovery Plan, and the focus of this agenda item, is the City Council's establishment of a permit process to allow businesses on Third Avenue between E and G Streets to encroach into the public right-of-way, where feasible, for expanded business operations. The goal of this program and permit process is to allow for customers and employees to distance themselves from one another while safely optimizing the business'capacity levels through a permit approved by the City Manager or his/her designee for one or more of the following: 1. Social Di,stancina and Oueuine—businesses can obtain City approval to utilize no more than three public parking spaces designated for customers to congregate while maintaining sufficient social distance when awaiting access to the business,picking up delivery,placing takeout orders, awaiting preparation of orders or browsing merchandise. 2. Sidewalk CW—businesses can obtain City approval for sidewalk caf6s while consolidating the process with items I above,and 3 below. 3. Curb Cafe—businesses can obtain approval to utilize no more than three public parking spaces for temporary curb caf6s installed at the business' expense and subject to design guidelines and standards approved by the City Manager. A number of cities locally and globally have established processes to successfully allow for curb caf6s in the public right-of way. The recommended action would formalize and consolidate the process for Social Distancing and Queuing; Sidewalk Caf6s; and, Curb CaWs into a single no-fee permit for businesses along Third Avenue between E and G streets. Permit approval would be subject to each business entering into a Temporary Right of'Entry License Agreement with the City,a sample of which is provided for reference as Attachment 1. DECISION-MAKER C'ONFLK.7 Staff has reviewed the property holdings of the City Council and has found that,Mayor Casillas-Salas has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently,pursuant to California Code of Regulations Title 2,sections 18700 and 18702.2(a)(7),this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal. Gov't Code§ 87100,et seq.) for the above-identified member. P 2 2020-07-14 Agenda Packet, Page 221 of 468 Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute,a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The master fee schedule charges a cost of$1,175 per application for the processing of an Encroachment Permit for use of the public right-of-way. used on the anticipated number of' applications for social distancing and queuing areas, sidewalk caf6s, and curb caf6s, the current-year fiscal impact is not expected to exceed$15,0�OO�.Reimbursement for the cost associated with processing these permits will be sought from CARES Act funding, as these permits are directly related to mitigating impacts caused by the COVIN-1' pandemic. ONGOING FISCAL IMPACT Staff anticipates processing all permit applications associated with this agenda item during the current fiscal year.,As a result,ongoing fiscal impact to the General Fund is not anticipated. ATTACHMENT'S 1. Sample Temporary Right of Entry License Agreement staff Contact: Kevin Pointer,Senior Economic Development Specialist Eric Crockett, Deputy City Manager P 3 2020-07-14 Agenda Packet, Page 222 of 468 ESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY of uu A VISTA APPROVING A MINISTERIAL PERMIT PROCESS To ALLOW BUSINESSES ALONG THIRD AVENUE BETWEEN E AND G STREETS 'TO EXPAND 'THEIR CIFERATIONS INTO TIE PUBLIC RIGHTS-OF- WAY WITH: I) SOCIAL DISTANCING AND QUEUING AREAS; ) SIDEWALK CAFES; ANI}/OR 3) CURB CAFES WHEREAS, on May 5, 2020, 1n response to the ongoing COVID-19 pandemic, the City Council approved Chula Vista's CoVII -19 90-T ay Economic Recover plan; and WHEREAS, one tenet of Chula Vista's COVID-19 90o-Day Economic Recovery Flan is the exploration and establishment of business-friendly City policies and programs to create a environment that minimizes costs, burdens and barriers for Chula.Vista businesses; and WHEREAS, the establishment of a no fee permit process to allow businesses on Third Avenue between E and. G Streets to encroach in the public right-of-way with expanded operations, would facilitate a safe re-opening and recovery of Chula Vista's local economy; and. WHEREAS,S, in order for qualified business to be permitted to encroach in the public right-of-way an for expanded operations, pthey will e required to enter into a Temporary Right o Entry License Agreement with the City; and WHEREAS, Chula Vista Municipal Code (CVMC) section 12.28.020 requires that the City Council authorize by resolution certain encroachments in the public rights-of-Bray, including the proposed encroachments identified in this resolution and the accompanying agenda statement; and WHEREAS,, pursuant to CVMC 12.28.020, the City Engineer has submitted his recommendation to the City Manager for the City Council, to approve the proposed encroachments into the public rights-of-way as identified in this resolution and the accompanying agenda statement; and WHEREAS, pursuant to CVMC 12.28.020, if Council authorizes proposed encroachment into the public rights-of-way as provided in this resolution, the City Engineer shall. issue the required permits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves a ministerial permit process, subject to approval by the City Manager or designee, for businesses along Third Avenue between E and Ci Streets to expand their operations into the public rights-of-way for the fallowing purposes: 1 social distancing and queuing areas; 2) sideway caf&s; and/or, 3) curb cafes. 2020-07-14 Agenda Packet, Page 223 of 468 Resolution No. Page 2 BE IT RESOLVED by the City Council of the City of Chula Vista that it authorizes Temporary Right of Entry License Agreement, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which all be kept on file in the Office of the City Clerk, and authorizes and directs the City Engineer, or designee, to execute same. Presented by Approved as to form by ERIC CROCKETT GLEN R. GOOGINS Deputy City Manager City Attorney 2020-07-14 Agenda Packet, Page 224 of 468 Attachment I TEMPORARY RIGHT OF ENTRY LICENSE AGREEMENT AGREEMENT NUMBER: LICENSEE: This Temporary Right of Entry License Agreement as used herein, "Agreement") is made by and between the City of Chula Vista, a Municipal Corporation ("City") and the business owner/operator at the real property("Licensee") located at: (PROPERTY ADDRESS) As more particularly depicted and described on Exhibit A, in the City of Chula Vista, County of San Diego, State of California. INI CONSIDERATION of the mutual promises herein contained, City and Licensee agree as follows: 1. Right of Entry. City hereby grants to Licensee,, its, employees, and agents (each a "Licensee Party"), a temporary license for right of entry over, under, or across the Public, Right-of-Way, as more particularly identified on Attachments A and B (the "PROW"), solely for the uses described in this Agreement. 2. Use of PROW. Licensee, its employees,and agents shall be permitted to use the PROW solely for the following uses: a. Licensee shall access and use the PROW solely for dining, drinking,and circulation,and shall operate only in conjunction with an adjacent eating and/or drinking establishment. b. Ingress and egress for the purposes stated in Paragraph 2(a) above. While this Agreement is in effect,the Licensee shall use the PROW only for the purposes identified herein and under the terms and conditions set forth in this Agreement. 3. Maintenance. At all times under this Agreement', Licensee shall maintain the PROW in a safe and sanitary condition at its sole cost, risk, and responsibility. 4. Assumption of Risk. Licensee assumes all responsibility and risk for any damage and/or consequence resulting from Licensee's activities, including without limitation access and use of the PROW and all costs associated therewith. Licensee shall repair any damage to facilities or improvements within the, PROW, including without limitation, any damage to the improvements or facilities of the City, arising out of or resulting from Licensee's acts or omissions related to this Agreement, including without limitation, access or use,of the PROW. S. Indemnity, Defense, and Hold Harmless. Licensee shall defend, indemnify, and hold harmless the City and its respective officers,employees,and agents(collectively,the "Indemnitees")for any and all causes of action, liability, claims, judgments, or demands, plus expenses in connection therewith, arising oust of or as the result of: (i) this Agreement; (ii) any accident or occurrence related to or in connection with the operation, use, condition, or possession of the PROW; (iii) any Licensee Party's act or omission in or within the PROW; (iv) any Licensee Party's use of the PROW; (v) any Licensee Party's access to the PROW, or (vi) any Licensee Party's presence within the PROW. Also covered by this Section 7 is liability arising from, related to,connected with,caused by,or claimed to be caused by the active or passive negligent acts or omissions of the Indemnitees,or any of them, that may be in combination with active or passive negligent acts or omissions of the Licensee, its employees, agents, or officers, or any third party. The Licensee's duty to defend, indemnify, protect, and hold harmless shall not include claims or liabilities arising from the sole active negligence or sole willful misconduct of the Indemnitees. Licensee further agrees to pay any and all costs the City incurs to enforce the indemnity and defense provision above. 6. Insurance. The Licensee shall maintain a policy of liability insurance in an amount not less than $1,000,000 for the use and access of the PROW, with the City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives named as additional insureds in a form acceptable to the City Attorney, which will 1 2020-07-14 Agenda Packet, Page 225 of 468 Attachment I protect the City from any potential claims which may arise from access to the PROW, use of the PROW, or this Agreement. 7. Remove, Relocate, and Restore. The Licensee shall remove and relocate at its sole cost and expense any objects or items within the PROW, as directed by the City Engineer, within four (4) hour notice from the City Engineer or his designee. In the case of an emergency, as determined by the City Engineer,the City Engineer may request that the work be done immediately. Licensee shall restore the PROW to the same or better condition that existed prior to Licensee's access or use of the PROW. If the Licensee(s) fails to remove or relocate any objects or items with the PROW,,or restore the PROW, or otherwise comply with the direction of the City Engineer regarding its access or use of the PROW, the City may cause the work to be done, and the costs thereof shall be a lien against Licensee's property. 8. No Additional Rights or Interests. City's, execution of this Agreement does not: (i) confer any right or interest on Licensee other than those rights or interests expressly granted to Licensee in this Agreement, as such rights or interests are limited and qualified herein; or(ii) create or impose any obligation whatsoever on City. 9. Regulatory Agencies. This Agreement shall be subject to the regulations of this and any other applicable governmental agencies. 10. Termination. This Agreement may be terminated by the City Manager or designee as,a matter of right and without cause or liability at any time upon providing twenty-four(24) hours,written notice to Licensee of such termination. 11. Additional Regulations. The Licensee agrees to comply with the regulations as follows: a. Licensee shall access and use the PROW solely for dining, drinking,and circulation,and shall operate only i'n conjunction with an adjacent eating and/or drinking establishment. b. Licensee is prohibited from outdoor cooking and preparation of food within the PROW. c. Licensee shall not exceed existing approved capacity. d. Licensee shall ensure social distancing protocols will be adhered to including 6 ft of space between every table and enough space for fluid movement. e. Licensee shall ensure that the sidewalk within the PROW shall be clean and free of litter and debris at all times,that sidewalks remain unblocked, and that general pedestrian access is maintained. f. Licensee shall ensure that trash or storage areas shall not be located on or adjacent to the PROW. g. Licensee shall maintain and operate the PROW so that unsafe conditions are not created for the physically disabled, blind, or partially sighted. Licensee shall comply with the following: i. At least one wheelchair seating space shall be provided for each 20 seats, or portion thereof. ii. Accessible wheelchair spaces shall have a minimum unobstructed maneuverability dimension of 30 inches in width by 48 inches in depth. iii. Access to designated wheelchair spaces shall be provided via an accessible path with not less than 36 inches of unobstructed width. h. Licensee shall ensure that all customers waiting for tables must queue up and there will be temporary markings on the ground to show 6 feet distance. Licensees shall ensure that queues will not interfere with pedestrian access or with adjacent venues. Licensee will monitor that social distancing is maintained and queues markings are followed. If the number of customers waiting exceeds the queue markings, Licensee will advise customers to either come back after an estimated amount of time or take down cell phone numbers to contact them when it's time to return. i. Licensee shall display signage advising customers to maintain social distancing and to advise that consumption of alcohol is limited to the dining establishment boundaries. j. Licensee shall not allow portable restrooms. k. Licensee shall not allow common seating areas or comingling of space. I. Licensee shall not allow product demonstrations,food samplings,live music,entertainment or activities that encourage groups to gather or linger. m. Licensee shall prohibit smoking within the PROW at all times. n. Licensee shall ensure that all operations within the PROW comply with all State,of California Department of Alcoholic Beverage Control license requirements, as applicable. o. License shall ensure that all barriers,seating,and tables shall be,removed from the PROW when the business is not open to the public. 2 2020-07-14 Agenda Packet, Page 226 of 468 Attachment I p. This Agreement is non-transferable., q. This Agreement is an insured contract between the City and the Licensee. r. Licensee shall not utilize PROW for commercial signage or advertising. s. Licensee shall comply,and shall ensure compliance by each Licensee Party,with all applicable federal,,state,, and local laws in the access., use., maintenance, repair,and operations in or within the PROW, including but not limited to compliance with the Americans with Disabilities Act (ADA). 3 2020-07-14 Agenda Packet, Page 227 of 468 Attachment I Attachments: A—Limits of PROW City of Chula V'Is a I HEREBY CERTIFY I am the record owner of the (Property and that I have read all of this A provedd: Denied Agreement,this lay: day of (Day Month Year Signature: BY: Print Ilmeitl+ Title: City Engineer or designee nee Licensee's Signature ISSUE DATE 2020-07-14 Agenda Packet, Page 228 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 1 , 2020 File ID: 20-0280 TI1TLE RESOLUTION of THE CITY COUNCIL OF THE CITY of CHULA VISTA AUTHORIZING'THEWEEKLY"WEEKEND CLOSURE OF HIRD AVENUE FROM E STREET TO CENTER STREET FOR THE PERIOD of JULY" 15, 2020 JANUARY 15, 2021 RECOMMENDED171 Council adopt the resolution. SUMMARY On May 5, 2020, in response to the ongoing COVIN-19 pandemic, the City Council approved Chula Vista's COVID-1990-Day Economic Recovery Plan. one tenet of this plan is the exploration and establishment of business-friendly City policies and programs to create an environment that minimizes costs, burdens, and barriers for Chula 'Vista businesses. These efforts are guided by the City's pursuit to facilitate a safe re- opening and recovery of Chula Vistas local economy. One specific feature of the COVID-19 90-Day Economic Recovery Plan., and the focus of this agenda item, is the City Council's approval of the "slow street" concept per SANDAG guidance which would allow the temporary closure of streets to create additional space for pedestrians to maintain social distancing as well as accommodate a safe and enjoyable atmosphere for future curb cafes and outdoor retail displays on Third Avenue. Staff has worked with the Third Avenue Village Association (TVA) to discuss the feasibility and implementation of slow street concept requiring the closure oT it Avenue. At the Ju , 2020 TAVA Board of Directors meeting, the Board voted to move forward with implementing the slow street concept with the closure of Third Avenue from E Street to Park Way on Saturdays at 2 pm through Sundaes at 10 pm. This weekly closure would leave alleast/west side streets (Davidson Street and E Street) open to emergency vehicles and to allow access to public parking. Staff supports this action with one amendment: to change the southern boundary of the closure from.. Park Way to Center Street per a recommendation from the Engineering Division. PIi3ge 1 2020-07-14 Agenda Packet, Page 229 of 468 ENVIRONMENTAL REVIEW The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity also qualifies for an Exemption pursuant to Section 15 0 6 1(b)(3) of the California Environmental Quality Act State Guidelines. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISC'USSION On May 5, 2020, in response to the ongoing COVID-19 pandemic, the City Council approved Chula Vista's COVID-,19 90-Day Economic Recovery Plan. One tenet of this plan is the exploration and establishment of business-friendly City policies and programs to create an environment that minimizes costs, burdens, and barriers for Chula Vista businesses,. These efforts are guided by the City's pursuit to facilitate a safe re- opening and recovery of Chula Vista P s local economy. One specific feature of'the COVID-19 90-Day Economic Recovery Plan, and the focus of this agenda item, is the City Council's approval of the "slow street" concept per SANDAL guidance which would allow the temporary closure of streets to create additional space for pedestrians to maintain social distancing as well as accommodate a safe and enjoyable atmosphere for future curb cafes and outdoor retail displays.Staff has worked with the Third Avenue Village Association (TAVA) to discuss the feasibility and implementation of a slow street concept requiring the closure of Third Avenue. At the July 1, 2020 TAVA Board of Directors meeting, the Board voted to move forward with implementing the slow street concept with the closure of Third Avenue from E Street to Park Way on Saturdays at 2 pm through Sundays at 10 pm.This weekly closure would leave all east/west side streets (Davidson Street and F Street)open to emergency vehicles and to allow access to public parking. Staff supports this action with one amendment: to change the southern boundary of the closure from Park Way to Center Street per a recommendation from the Police Department and Engineering Division. Economic Development staff will work collaboratively with Engineering, the Police Department, the City Manager's Office and TAVA to plan and safely execute the street closure. As an event, TAVA will be responsible for costs associated with operations (e.g.set up and take down of barricades and signage,vehicle towing, etc.). The start date of the closures will be dependent upon 'TAVA's capacity and timing; however, approval of the street closures is proposed weekly for a six-month period from July 15, 20�20 - January 15, 2021.City staff has determined upon review of TAVA's Traffic Control Plan (TCP)for the Lemon Festival that the submittal of a new TCP will not be necessary. To encourage the feasibility of this action, staff is also proposing to waive the traffic control fee for TAVA. After consultation with the Police Department,staffis recommending the nightly re-opening of Third Avenue with the removal of barricades to keep traffic flowing in the later evening hours and through the next morning,on Sundays,at 10 am.Barricades will be removed Saturday and Sunday nights after 10 pm and will be safely stored in a secure location.Staff will continue to coordinate on appropriate and safe implementation practices to allow for the Third Avenue street closure with any changes (e.g. dates, times) with the Police Department and City Engineer. P 2 2020-07-14 Agenda Packet, Page 230 of 468 The street closure is subject to each participating business entering into a temporary Right of Entry License Agreement(Attachment 1) subject to approval by the City Engineer. DECISION-MAKER C"ONFLIC7 Staff has reviewed the property holdings of the City Council and has found that,Mayor Casillas-,Salas has real property holdings within 500 feet of the boundaries of'the property which is the subject of this action., Consequently,pursuant to California Code of Regulations Title 2,sections 18700 and 18702.2(a)(7)1,this item presents a disqualifying real prop erty-related financial conflict of interest under the Political Reform Act(Cal. Gov't Code§ 87100,et seq.) for the above-identified member. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURREN''T-YEAR FISCAL IMPACI 11 Staff will be using SA AG Shared Streets Pilot Program grant funds (awarded in June 2020) to purchase barricades and other necessary temporary traffic control devices for the street closure. 'Through the utilization of the existing Traffic Control Permit for Lemon Festival and because the closure of the street is not for an event but to facilitate social distancing and create a slow street environment, there are no additional fees associated with this action. ONGOING FISCAL IMPACT Staff does not anticipate ongoing fiscal impacts. ATTACHMENTS 1. Temporary Right of Entry License Agreement Staff Contact: Eric Crockett,Deputy City Manager Miranda Evans, Economic Development Specialist P 3 2020-07-14 Agenda Packet, Page 231 of 468 COUNCIL RESOLUTION NO. 2020- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE WEEKLY WEEKEND CLOSURE OF THIRD AVENUE FROM E STREET TO CENTER STREET FOR THE PERIOD OF JULY 15, 2020 'THROUGH JANUARY 15, 2 21 WHEREAS, On May 5,, 2020, in response to the ongoing COVID­19 pandemic,the City Council approved the City of Chula Vista's COVID-19 90-Day Economic Recovery Plan; and WHEREAS, within the COVID-19 90-Day Economic Recovery Plan is the City Council's approval of the "slow street" concept per SANDAG guidance which would allow the temporary closure of streets to create additional space for pedestrians to maintain social distancing as well as accommodate a safe and enjoyable atmosphere for future curb cafes and outdoor retail displays on Third Avenue during the COVID-19 pandemic; and WHEREAS, City staff has worked with the Third Avenue Village Association (TAVA) to discuss the feasibility and implementation of a slow street concept requiring the closure of Third Avenue; and WHEREAS, At the July 1, 2020 TAVA Board of Directors meeting, the Board voted to move forward with implementing the slow street concept with the closure of Third Avenue from E Street to Center Street from 2:00 p.m. — 10 p.m. Saturday and on Sunday from 2:00 p.m. — 10 p.m. each weekend, during the period of July 15, 2020 through January 15, 2021; and WHEREAS, this weekly closure would leave all east/west side streets open to allow for emergency vehicle access and access to public parking; and WHEREAS,, in order for qualified business to be permitted to encroach in the public right- of-way for expanded operations, they will be required to enter into a Temporary Right of Entry License Agreement with the City; and WHEREAS,, Chula Vista Municipal Code (CVl' C section 12.28.020 requires that the City Council authorize by resolution certain encroachments in the public rights-of-way, including the proposed encroachments identified in this resolution and the accompanying agenda statement; and WHEREAS,, pursuant to CVMC 12.28.020, the City Engineer has submitted his recommendation to the City Manager for the City Council to approve the proposed encroachments into the public rights-of way as identified in this resolution and the accompanying agenda statement; and WHEREAS, pursuant to CVMC 12.28.020, if the City Council authorizes the proposed encroachment into the public rights-of-way as provided in this resolution, the City Engineer is authorized to issue the required permits; and 2020-07-14 Agenda Packet, Page 232 of 468 Resolution No. Page 2 WHEREAS, TAVA will be responsible for costs and fees associated with operating the street closure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Nista, that it approves a ministerial permit process, subject to approval by the City Manager or designee, for businesses along Third Avenue between E and Center Streets to expand their orations into Dees: 1 soda distancingan op e pu is rid is-o -way art e o owing pu queuing areas; 2) sidewalk cafes, and/or, ) curb cafes. BE IT RESOLVED by the City Council of the City of Chula Nista that it authorizes Temporary dight of Entry License cense greement,with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Engineer, or designee, to execute same, and issue the required permits. Presented by: Approved as to form by: Eric Crockett Glen R. Goo ins Deputy City Manager City Attorney 2020-07-14 Agenda Packet, Page 233 of 468 Attachment I TEMPORARY RIGHT OF ENTRY LICENSE AGREEMENT AGREEMENT NUMBER: LICENSEE: This Temporary Right of Entry License Agreement as used herein, "Agreement") is made by and between the City of Chula Vista, a Municipal Corporation ("City") and the business owner/operator at the real property("Licensee") located at: (PROPERTY ADDRESS) As more particularly depicted and described on Exhibit A, in the City of Chula Vista, County of San Diego, State of California. INI CONSIDERATION of the mutual promises herein contained, City and Licensee agree as follows: 1. Right of Entry. City hereby grants to Licensee,, its, employees, and agents (each a "Licensee Party"), a temporary license for right of entry over, under, or across the Public, Right-of-Way, as more particularly identified on Attachments A and B (the "PROW"), solely for the uses described in this Agreement. 2. Use of PROW. Licensee, its employees,and agents shall be permitted to use the PROW solely for the following uses: a. Licensee shall access and use the PROW solely for dining, drinking,and circulation,and shall operate only in conjunction with an adjacent eating and/or drinking establishment. b. Ingress and egress for the purposes stated in Paragraph 2(a) above. While this Agreement is in effect,the Licensee shall use the PROW only for the purposes identified herein and under the terms and conditions set forth in this Agreement. 3. Maintenance. At all times under this Agreement', Licensee shall maintain the PROW in a safe and sanitary condition at its sole cost, risk, and responsibility. 4. Assumption of Risk. Licensee assumes all responsibility and risk for any damage and/or consequence resulting from Licensee's activities, including without limitation access and use of the PROW and all costs associated therewith. Licensee shall repair any damage to facilities or improvements within the, PROW, including without limitation, any damage to the improvements or facilities of the City, arising out of or resulting from Licensee's acts or omissions related to this Agreement, including without limitation, access or use,of the PROW. S. Indemnity, Defense, and Hold Harmless. Licensee shall defend, indemnify, and hold harmless the City and its respective officers,employees,and agents(collectively,the "Indemnitees")for any and all causes of action, liability, claims, judgments, or demands, plus expenses in connection therewith, arising oust of or as the result of: (i) this Agreement; (ii) any accident or occurrence related to or in connection with the operation, use, condition, or possession of the PROW; (iii) any Licensee Party's act or omission in or within the PROW; (iv) any Licensee Party's use of the PROW; (v) any Licensee Party's access to the PROW, or (vi) any Licensee Party's presence within the PROW. Also covered by this Section 7 is liability arising from, related to,connected with,caused by,or claimed to be caused by the active or passive negligent acts or omissions of the Indemnitees,or any of them, that may be in combination with active or passive negligent acts or omissions of the Licensee, its employees, agents, or officers, or any third party. The Licensee's duty to defend, indemnify, protect, and hold harmless shall not include claims or liabilities arising from the sole active negligence or sole willful misconduct of the Indemnitees. Licensee further agrees to pay any and all costs the City incurs to enforce the indemnity and defense provision above. 6. Insurance. The Licensee shall maintain a policy of liability insurance in an amount not less than $1,000,000 for the use and access of the PROW, with the City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives named as additional insureds in a form acceptable to the City Attorney, which will 1 2020-07-14 Agenda Packet, Page 234 of 468 Attachment I protect the City from any potential claims which may arise from access to the PROW, use of the PROW, or this Agreement. 7. Remove, Relocate, and Restore. The Licensee shall remove and relocate at its sole cost and expense any objects or items within the PROW, as directed by the City Engineer, within four (4) hour notice from the City Engineer or his designee. In the case of an emergency, as determined by the City Engineer,the City Engineer may request that the work be done immediately. Licensee shall restore the PROW to the same or better condition that existed prior to Licensee's access or use of the PROW. If the Licensee(s) fails to remove or relocate any objects or items with the PROW,,or restore the PROW, or otherwise comply with the direction of the City Engineer regarding its access or use of the PROW, the City may cause the work to be done, and the costs thereof shall be a lien against Licensee's property. 8. No Additional Rights or Interests. City's, execution of this Agreement does not: (i) confer any right or interest on Licensee other than those rights or interests expressly granted to Licensee in this Agreement, as such rights or interests are limited and qualified herein; or(ii) create or impose any obligation whatsoever on City. 9. Regulatory Agencies. This Agreement shall be subject to the regulations of this and any other applicable governmental agencies. 10. Termination. This Agreement may be terminated by the City Manager or designee as,a matter of right and without cause or liability at any time upon providing twenty-four(24) hours,written notice to Licensee of such termination. 11. Additional Regulations. The Licensee agrees to comply with the regulations as follows: a. Licensee shall access and use the PROW solely for dining, drinking,and circulation,and shall operate only i'n conjunction with an adjacent eating and/or drinking establishment. b. Licensee is prohibited from outdoor cooking and preparation of food within the PROW. c. Licensee shall not exceed existing approved capacity. d. Licensee shall ensure social distancing protocols will be adhered to including 6 ft of space between every table and enough space for fluid movement. e. Licensee shall ensure that the sidewalk within the PROW shall be clean and free of litter and debris at all times,that sidewalks remain unblocked, and that general pedestrian access is maintained. f. Licensee shall ensure that trash or storage areas shall not be located on or adjacent to the PROW. g. Licensee shall maintain and operate the PROW so that unsafe conditions are not created for the physically disabled, blind, or partially sighted. Licensee shall comply with the following: i. At least one wheelchair seating space shall be provided for each 20 seats, or portion thereof. ii. Accessible wheelchair spaces shall have a minimum unobstructed maneuverability dimension of 30 inches in width by 48 inches in depth. iii. Access to designated wheelchair spaces shall be provided via an accessible path with not less than 36 inches of unobstructed width. h. Licensee shall ensure that all customers waiting for tables must queue up and there will be temporary markings on the ground to show 6 feet distance. Licensees shall ensure that queues will not interfere with pedestrian access or with adjacent venues. Licensee will monitor that social distancing is maintained and queues markings are followed. If the number of customers waiting exceeds the queue markings, Licensee will advise customers to either come back after an estimated amount of time or take down cell phone numbers to contact them when it's time to return. i. Licensee shall display signage advising customers to maintain social distancing and to advise that consumption of alcohol is limited to the dining establishment boundaries. j. Licensee shall not allow portable restrooms. k. Licensee shall not allow common seating areas or comingling of space. I. Licensee shall not allow product demonstrations,food samplings,live music,entertainment or activities that encourage groups to gather or linger. m. Licensee shall prohibit smoking within the PROW at all times. n. Licensee shall ensure that all operations within the PROW comply with all State,of California Department of Alcoholic Beverage Control license requirements, as applicable. o. License shall ensure that all barriers,seating,and tables shall be,removed from the PROW when the business is not open to the public. 2 2020-07-14 Agenda Packet, Page 235 of 468 Attachment I p. This Agreement is non-transferable., q. This Agreement is an insured contract between the City and the Licensee. r. Licensee shall not utilize PROW for commercial signage or advertising. s. Licensee shall comply,and shall ensure compliance by each Licensee Party,with all applicable federal,,state,, and local laws in the access., use., maintenance, repair,and operations in or within the PROW, including but not limited to compliance with the Americans with Disabilities Act (ADA). 3 2020-07-14 Agenda Packet, Page 236 of 468 Attachment I Attachments: A—Limits of PROW City of Chula V'Is a I HEREBY CERTIFY I am the record owner of the (Property and that I have read all of this A provedd: Denied Agreement,this lay: day of (Day Month Year Signature: BY: Print Ilmeitl+ Title: City Engineer or designee nee Licensee's Signature ISSUE DATE 2020-07-14 Agenda Packet, Page 237 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 14,2020 File ID: 20-0278 „MITI RESOLUTION of THE CITY COUNCIL of THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO,THE 2017-2020 MEMORANDUM of UNDERSTANDING BETWEEN THE CITY of CH LA VISTA AND THE WESTERN COUNCIL of ENGINEERS (WCE) TO EXTEND THE TERM of THE MOU To DECEMBER 31, 2020 RECOMMENDED171 Council adopt the resolution. SUMMARY In April, the City and the Western Council of Engineers ( tTCE) engaged in informal discussions seeping to extend the term ofthe Memorandum of Understanding (MOU). After good faith negotiations, an agreement was subsequently reached to extend the term of the MOU to December 31, 2020. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a "Project P) 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 Determination The Director of Development Services has reviewed the proposed activity for compliance witthe California Environmental Quality Act CEA and has determined that the activity is not a "Project)p as defined under Section 15378 of'the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEi A Guidelines,the activity is not subject to CEt A. Trus,no environmental review is required. BOARD/COMMII'TTEE RECOMMENDAtrION N/A DISCUSSION In July 2017, the City Council approved a Memorandum of Understanding between the City of Chula Nista and the Western Council of Engineers (WCE) related to wages and other terns and conditions of employment. In April 2020, the City and ' VCE engaged in informal discussions and after ,good faith negotiations,an agreement was reached to extend the term of the MOU to December 31 20120. PIi3ge 1 2020-07-14 Agenda Packet, Page 238 of 468 Approval of the Resolution will approve the First Amendment to the 2,017-2,02,0 Memorandum of Understanding between the City of Chula Vista and WCE. DECISION-MAKER C"ONFLIC'Ir 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 18702.4(a).Consequently, this item does not present a conflict under the Political Reform Act(Cal. Gov't Code§87100,, et seq.).Staff is not independently aware,and has not been informed by any City Council member)of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT" There is no fiscal impact associated with this item. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with this item. ATTACHMENT First Amendment to the 2017-2,02,0 Memorandum of'Understanding Between the City of Chula Vista and the Western Council of Engineers Staff Contact: Courtney Chase, Director of Human Resources/Risk Management P 2 2020-07-14 Agenda Packet, Page 239 of 468 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA APPROVING ANAMENDMENT TO THE 2017- 2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE WESTERN COUNCIL OF ENGINEERS (WCE) TO EXTEND THE TERM OF THE MMU TO DECEMBER 31, 2020 WHEREAS, in 2017, negotiating teams representing the City of Chula Vista "City") and the Western Council of Engineers ("WCE") worked collaboratively toward the development of a mutually beneficial Memorandum of Understanding MOU),which the parties entered into for the time period of July 11, 2017 to ;lune 30, 2020; and WHEREAS, on July 11, 2017,. the City Council approved the MOU between the City and. WCE related to wages and ether terns and conditions of employment; and WHEREAS, in April 2020, the City and. WCE engaged in informal discussions and after good faith negotiations, an agreement was reached to extend the term of the MCU to December 311 2020, a copy of said MCU amendment is on file in the City Clerk's Office, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does approve the First Amendment to the 2017-2020 Memorandum of Understanding between the City of Chula Vista and. the Western Council of Engineers in the form substantially presented and that the City" Manager may make such ming modifications as may be approved or required by the City Attorney's Office. Presented by approved as to form b Courtney Chase Olen R. Googins Director of Human Resources/Risk Management City.Attorney 2020-07-14 Agenda Packet, Page 240 of 468 FIRST AMENDMENT TO THE 2017-2020 MOU BETWEEN THE CITY OF CHULA VISTA (CITY) AND THE WESTERN COUNCIL OF ENGINEERS (WCE) WHEREAS, the City of Chula Vista(City) and the Western. Council. of Engineers entered into a Memorandum of Understanding "MO�U"') for the time period of July 11, 2017 t June 30, 2020; and WHEREAS,, City and W E, after good faith negotiations, seely to extend the term of the MOU for an additional six ) months to December 31, 2020. NOW THEREFORE, the City and WCE agree as follows: 1. The MOU is hereby amended to extend the expiration date of the MOU from June 30, 2020 to December 31, 2020.. tl. All terms of the MCU remain in effect unless amended y this First Amendment. 111. This First Amendment�s contingent upon erng approved y the Chula Vista sta C �ty Council in open session via.resolution. FOR THE CITY OF CH ULA VISTA. FOR WESTERN COUNCIL OF ENGINEERS: Courtney Chase Chester Bautista Director of HumanResources/Risk Management President, WAGE 2020-07-14 Agenda Packet, Page 241 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 14,2020 File IIS: 20-0279 „MITI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO,THE 2018-2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY of CHULA VISTA AND THE CHULA VISTA MID-,MANAGERS/PROFESSIONAL ASSOCIATION (MM/PR) TO EXTEND T E TERM OF THE MOU TO JULY 31, 2020 RECOMMENDED AC"TION Council adopt the resolution. SUMMARY In May and June, the City and the Chula Vista Mid-Managers/professional Association (MM/PR) engaged in informal discussions seeping to extend the term of the Memorandum of Understanding (MOU). After good faith negotiations,an agreement was subsequently reached to extend the term of the MOU to July 31, 2020. ENVIRONMENTAL REVIEW 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 150601(c)(3) no environmental review is required. Environmental Determination The Director ofI3e elopmentSer ices has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Projekt'' as defined under Section 15378 of'the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines,the activity is not subject to CEQA.. Thus,no environmental review is required. BOARD/COMMISSION/COMM11"TEE RECOMMENDA'rION N/ DISCUSSION In December 2018, the City Council approved. a Memorandum of Understanding between the City of Chula Vista and the Chula Vista Mid-Managers/Professional association(MM/PR)related to wages and other terms PIi3ge I 1 2020-07-14 Agenda Packet, Page 242 of 468 and conditions of employment. In May and June 2,020,the City and MM/PR engaged in informal discussions and after good faith negotiations,an agreement was reached to extend the term of the MOU to July 31, 2020. Approval of the Resolution will approve the First Amendment to the 2018-2020 Memorandum of Understanding between the,City of Chula Vista and MM/PR. DECISION-MAKER C"ONFLICT 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 21 section 18702.4(a).Consequently, this item does not present a conflict under the Political Reform Act(Cal. Govt 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. CURREN''T-YEAR FISCAL IMPACT There is no fiscal impact associated with this item. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with this item. Al"TACHMENT First Amendment to the 2017-2020 Memorandum of Understanding Between the City of Chula Vista and the Chula Vista Mid-,Managers/Professional Association (MM/PR) Staff Contact:Courtney Chase,Director of Human Resources/Risk Management P 2 2020-07-14 Agenda Packet, Page 243 of 468 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA APPROVING ANAMENDMENT TO THE 2018- 2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA TTA AND THE CHU:LA VISTA MID- MANA ERST OFESSIO AfL ASSOCIATION l' I11 /PR. TO EXTEND THE TERM'I F THE MOU TO JULY 31, 2020 WHEREAS, in 2018, negotiating teams representing the City of Chula Vista ("City") and the Chula Nista Mid-Managers/Professional Association 11 M/PR)worked collaboratively toward the development of a mutually beneficial Memorandum of Understanding (MOU),, which the parties entered into for the time period of December 18, 2018 to June 30, 2020; and WHEREAS, on December 2018, the City Council approved the MOU between the City and MM/PR related to wages and other terms and conditions of employment; and WHEREAS, in May and June 2020, the City and MM/PR engaged in informal discussions and after good faith negotiations, an agreement was reached to extend the term of the MOU to July 311 2020, a copy of said M U amendment is on fila in the City Clergy's Office, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does approve the First Amendment to the 2018-2020 Memorandum of Understanding between the City of Chula Vista and the Chula Vista Mid-Managers/Professional Association in the form substantially presented and that the City Manager may make such minor modifications as may be approved or required by the City Attorney's Office. Presented by .Approved as to form by Courtney Chase Olen R. Googins Director of Human Resources/Risk Management City.Attorney 2020-07-14 Agenda Packet, Page 244 of 468 PROPOSAL: MOU Extension Agreement Between MM/PROF-SEIU Local 221 and City of Chula Vista June 26, 2020 MOU Extension Agreement Addressing Impacts of the COVID-19 Pandemic In the interests of promoting public health and safety, preventing the spread of LVID-19 in workplaces, 7 and ensuring the sustainability of critical public services while the parties continue to negotiate,the Chula Vista Mid-Managers/Professional Association-SEIU Local 221 (the Union) and the City of Chula Vista (the City) enter into this MOU Extension Agreement addressing impacts of the COVID-191 Pandemic and hereby agree to the following terms and conditions applicable to the MM/PROF bargaining unit, which shall take effect immediately upon adoption by the parties. 1. Extension of Current MOU Until July 31,2020 A. It is hereby agreed between the City and the Union to extend the Memorandum of' Understanding (MOU) between the parties,which is set to expire June 30, 2020,for a period of one (1) month from the original expiration date.The MOU shall expire July 31, 20,20. B. The parties agree that all terms and conditions of the aforementioned MOU shall continue in full force and effect u�ntil July 31, 2020, except where those terms and conditions are inconsistent with this MOU Extension Agreement, in which case the terms and conditions herein supersede the terms and conditions in the MOU. C. The parties agree to meet at least twice during the month of July, 2020 for the purpose of bargaining a successor MOU or a subsequent extension to the current MOU. 20, COVID-19-Workplace Health and Safety Standards A. In consultation with the Union,the City developed the following policies and protocols in response to ensuring workplace health and safety standards due to the COVID-19 pandemic (attached for reference): i. Human Resources Department Policies and Procedures, Policy Number 922 - Public Emergency Order Not to Report to Normal Work Location and Authorization of Compensation ii. Human Resources Department Policies and Procedures, Policy Number 923-COVID-19 Pandemic Telecommuting Policy iii. Human Resources Department Policies and Procedures, Policy Number 607- Emergency Family and Medical Leave Expansion iv. Human Resources Department Policies and Procedures, Policy Number 608,-COVID19 Emergency Paid Sick Leave V. Human Resources Department Policies and Procedures, Policy Number 617-Emergency Advance Leave vi. Return from Foreign Travel Temporary Protocol Memo dated March 19, 20,20 2020-07-14 Agenda Packet, Page 245 of 468 B. While the City's ECSC is active,the City will provide EOC Operation Action Plan to employees represented by MM/PR. Section ICS 204,Assignment List outlines the essential functions being performed and the required PPE for employees. Section ICS 208, Safety Plan provides guidance to all essential workers(those at work)to reduce the exposure to and/or risk of(person-to- person transmission of COVID-19 (ECSC Operation Action Plan dated May 8, 2020—May 15, 2020 for reference). 3. Union R A. The Employer shall notify the Union the numbers of Ipotential MM/PR employee exposures to COVID-19 for the duration of this MOU Extension Agreement. B. The City will notice the Union of any new hires and will provide access to new employees individually and/or at a orientation held by the City. FOR SEW LOCAL 221: FOR THE CITY OF CHULA VISTA: Shane Brinton Date Courtney Chase Date Chief of Staff,SEW Local 221 Director of HR,City of Chula Vista Lynnette Tessitore Date MMPR President.,SEW Local 221 Frank Rivera Date MMPR Vice President,SEW Local 221 Maggie Ta Date Senior Organizer-Representative,SEW Local 221 2 1 Page 2020-07-14 Agenda Packet, Page 246 of 468 Sheree Kansas From: Sent: Tuesday,June 30,2020 6:10 PM To: Mary Salas;John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: kanapkuahan@gmail.com Subject: Christopher Columbus Statue/2-27-2020 Resolution CVHRC Attachments: Christopher Columbus Statue and 2-27-2020 CVHRC Resolution.pdf Warning: External June 30, 2020 Email Dear Members of the Chula Vista City Council: Removal of the Christopher Columbus statue, from Discovery Park, is an admirable, initial step towards the healing of Native Peoples, within the community of Chula Vista. The ratification of the resolution submitted to the Chula Vista Human Relations Commission (February 27, 2020) is imperative, as it sets the foundation to build upon more positive community relations. As I am sure you realize, and as submitted by the citizenry, Christopher Columbus and the trauma he inflicted, is not a reflection of the "Welcoming City" known as Chula Vista, nor any of its upstanding residents. Undoubtedly, this esteemed council will demonstrate its cultural competence, by not only permanently removing the statue but also, by suitably renaming"Discovery Park." Furthermore, recognition of Indigenous Peoples Day would make an agreeably clear statement of unity, with the entire community. I look forward to the leadership of the Chula Vista City Council, setting the precedent of being the people's champion in this matter. Sincerely, i semarie iiido Valley Glen, CA 91401 1 2020-07-14 Agenda Pack-%ePage 247 of 46 June 30, 2020 Dear Members of the Chula Vista City Council: Removal of the Christopher Columbus statue, from Discovery Park, is an admirable, initial step towards the healing of Native Peoples, within the community of Chula Vista. The ratification of the resolution submitted to the Chula Vista Human Relations Commission (February 27, 2020) is imperative, as it sets the foundation to build upon more positive community relations. As I am sure you realize, and as submitted by the citizenry, Christopher Columbus and the trauma he inflicted, is not a reflection of the "welcoming City" known as Chula Vista, nor any of its upstanding residents. Undoubtedly, this esteemed council will demonstrate its cultural competence, by not only permanently removing the statue but also, by suitably renaming "Discovery Park." Furthermore, recognition of Indigenous Peoples Day would make an agreeably clear statement of unity, with the entire community. I look forward to the leadership of the Chula Vista City Council, setting the precedent of being the people's champion in this matter. Sincerely, Rosemarie Lu'an Valley Glen, CA 91401 2020-07-14 Agenda Pack-%ePage 248 of 46 Sheree Kansas From: Karen Bernardy Sent: Saturday,June 20,2020 4:33 AM To: Mike Diaz Subject: Defend the Police, Don't Defund the Police Warning: External Email Karen Bernardy Chula Nista,CA 91910 June 20,2020 Dear Council Member Diaz, Dear Sir or Madam, I am reaching out to your office as one of your local constituents with a very important issue. I want you to know that I stand 100%with my local police officers and do not want to see any budget cuts to their department. A11 police officers are not perfect,but I know that the vast majority of police officers put their lives on the line to protect us.Do not cut their budget or punish them because of the tragedy that took place in Minneapolis. We need to work with our local police department to improve their practices,not defund them. Defend the police,don't defund them. Sincerely, Karen Bernardy 2020-07-14 Agenda Pack-%ePage 249 of 46 Sheree Kansas From: John McCann For Congresstcampaign@mccannforcongress.com> Sent: Tuesday,June 23, 2020 10:20 AM To: michael@diaz-online.com Subject: Democrats want to defund police departments WE CANNOT LET A MILITIA CROUP DEFINE OUR COUNTRY! HELP ME, HELP PRESIDENT TRUMP TAKE BACK OUR HOUSE- TAKE BACK OUR COUNTRY Fellow Americans,we are facing extremism at its worse. The impact on our Nation from the reckless ideas and decisions, that the Socialist Democrats and Left Media is encouraging, can damage our country in ways that we may never recover. It is no longer about change and working together for the betterment of ALL people, it's become a movement of disgrace and criminal activity. LEADERSHIP NEEDS TO STEP IN ON BOTH SIDES AND STOP GIVING POWER TO THESE MILITIA GROUPS. President Trump has worked tirelessly to get our country a great economy, he has helped spread the needed support for our military and police, and he is helping to secure our borders. WE CAN'T LET THE SOCIALIST DEMOCRATS DESTROY THE GOOD, OUR PRESIDENT HAS DONE FOR THE NATION! I'm John McCann, a conservative attorney that is fighting for our constitutional rights. I watched firsthand as my wife, a first responder in the Bronx at the hardest hitting hospital in the country, navigate the line of knowing what was reality in the pandemic, and what fake media was putting out to the Country. I am now watching the same fake media, put out the Democrats agenda for socialism with defunding the police and destroying our Country. 1 2020-07-14 Agenda Pack-%ePage 250 of 46 DONATE NOW >>> I NEED YOUR HELP TODAY I am asking for your help with a donation of$25, $509 $100 or more. I have until July 7th to get to every • -------------- It's time to fight and take control of what's happening in every state across the U.S. EVERY CONGRESSIONAL SEAT HAS A VOTE, EVERY VOTE IMPACTS ALL OF US ACROSS THE US, I NEED YOUR HELP TODAY! I AM ON THE TRUMP TICKET LINE IN MY DISTRICT AND I NEED HELP FOR MY JULY 7TH PRIMARY,WE CAN'T LET ANY SEAT SLIP AWAY. TOGETHER,WE MUST STOP THEIR MADNESS! Fx] I stand with President Donald J.Trump. We are 3 weeks to our Primary, help me guarantee my victory Will you chip in $10, $25, $50, $100, or another amount and help me flip this high-profile 1 DONATE >>> z 2020-07-14 Agenda Pack-%ePage 251 of 46 Democrats are giving power to the criminals and allowing lawlessness in the streets. Thank you for your support, John McCann Republican For Congress Paid for by John McCann For Congress Mailing Address is: PO Box 1010, Hackensack, NJ 07602 United States Want to change how you receive these emails? You can update your preferences or unsubscribe from this list, 2020-07-14 Agenda Pack-%ePage 252 of 468 Sheree Kansas From: Crozer,William F. EOP/WHO Sent: Tuesday,June 16, 2020 4:56 PM Cc: Barbknecht, Nick EOP/WHO Subject: What You Need To Know: President Trump Signs Historic Executive order on Safe Policing for Safe Communities Warning: External Email THE WHITE HOUSE State and Local Leaders — Today,June 15, President Donald J.Trump took historic action and signed an Executive order on Safe Policing for Safe Communities(remarks;video). Prior to the signing,the President met with families who have lost loved ones to violence-- many involving deadly interactions with police---and reiterated and the Administration's commitment to deliver safety and security for Americans of every race and background.The Executive order is the product of close collaboration with law enforcement professionals,community leaders,and impacted families and demonstrates the President's commitment to decisively advance common sense reforms that improve accountability,increase transparency, and invest more resources in police training, recruiting,and community engagement. "Americans can achieve anything when we work together as one national family,"President Trump stated in remarks prior to the Executive order signing. "To go forward,we must seek cooperation, not confrontation;we must build upon our heritage,not tear it down; and we must cherish the principles of America's founding as we strive to deliver safe,beautiful,elegant justice and liberty for all." act-'Ior--�,, is" a i Pa rt of t[-](---I SOILItion to restoring renemang and rebu i*ld i'ng o u r C-01,11111LInities. VThe White House: President @realDonaldTrump announces"historic action to deliver a future of safe1y and security for Americans of every race religion,color,and creed." 1 2020-07-14 Agenda Pack-%ePage 253 of 46 10 The White House: "Reducin crime and raising standards are not o osite oafs.They are not mutually exclusive.They work together." IfThe White House:"In order to make real progress on public safety,we have to break old patterns of failure.Manyof the same politicians now presenting themselves as the solution are the same ones who have failed for decades on schoolsJobs,Justice,and crime." rT n President Trump strongly believes in the rule of law,and through the Executive Order,has directed his Administration to seek reforms that improve the relationship between law enforcement and all communities. Importantly,the Executive order represents a commitment by the President and the Administration to support --not defund—the brave men and women of law enforcement by providing them with necessary resources to implement best practices and protect the communities they serve. Key provisions include: • Certification:The Justice Department will now allocate certain funding only to law enforcement agencies that meet high standards for use-of-force and de-escalation,as credentialed by reputable independent bodies.As part of this new credentialing,chokeholds will be banned except if an officer's life is at risk. • Information Sharing:The Attorney General will create a database for federal,state,and local law enforcement to track terminations,criminal convictions,and civil judgments against law enforcement officers for excessive use-of-force. • Mental Health:To protect both officers and our most vulnerable populations,the Administration will prioritize training for police and social workers who respond to incidents involving the mentally ill, addicted,and homeless. • Legislative Action: The Administration will develop and propose new legislation to Congress to build on these policies and boost community engagement. Below,find a helpful Fact Sheet and Statements of Support from various stakeholders.We welcome your feedback—please flag any statements for our office.And as always,please do not hesitate to reach out if we can be helpful.The office of Intergovernmental Affairs is the primary liaison between the White House and State and local elected officials.We appreciate your partnership. The White House office of Intergovernmental Affairs William F. Crozer Special Assistant to the President/Deputy Director White House office of Intergovernmental Affairs President Donald J. Trump Is Taking Unprecedented Steps to Strengthen Relations Between Law Enforcement and Their Communities "We must invest more energy and resources in police training and recruiting and community engagement."— President Donald J. Trump IMPLEMENTING BEST PRACTICES: President Donald J.Trump is taking historic action to increase the adoption of best practices in law enforcement and support a safe and secure America. • President Trump is issuing a new Executive order that will encourage law enforcement agencies to implement best practices and protect the communities they serve. • our law enforcement officers provide critical protection to all Americans,and we need to work collectively to strengthen relationships across our country. Z 2020-07-14 Agenda Pack-%ePage 254 of 46 • Under the order,the Attorney General will allocate certain grant funding to only those law enforcement agencies that meet high standards,including around use-of-force and de-escalation, as credentialed by reputable independent bodies. • The order provides incentives for law enforcement agencies to use a nationwide database to track terminations,criminal convictions,and civil judgments against law enforcement officers for excessive use-of-force,which will create accountability between agencies. • The Administration will prioritize training and other programs for police and social workers responding to incidents involving the mentally ill, addicted,and homeless. • President Trump is directing his Administration to develop and propose new legislation to Congress to further the policies of the order and build community engagement. UNITING AMERICAN COMMUNITIES: President Trump is taking action to unite our Nation and ensure safer communities for all Americans. • Every day,law enforcement officers make great sacrifices to keep our citizens safe. • Last year alone, 89 law enforcement officers were killed in the line of duty. • In 2018,our police arrested nearly 12,000 people for murder and manslaughter, 25,000 people for rape,and nearly 1.5 million for assault. • The overwhelming majority of the law enforcement community bravely perform their duties with integrity and honor. • Close ties between law enforcement and their communities are important in all communities. • President Trump's order seeks to redouble our efforts as a Nation to engage directly with our neighbors and secure lasting relationships across all communities. KEEPING AMERICANS SAFE: President Trump is improving fairness and equality in our criminal justice system,while keeping our communities safe. • President Trump has led the way on groundbreaking criminal justice reform,taking a smart-on-crime approach to make our communities safer. • The President brought together a broad coalition including law enforcement,faith groups, community organizations,and more to support the First Step Act. • The President established the Presidential Commission on Law Enforcement and the Administration of Justice,examining how to improve community relations between the public and law enforcement. • President Trump revitalized Project Safe Neighborhoods to help reduce violent crime in communities all around the country. ■ Thanks to the President's efforts,both the violent crime rate and murder rate in America have fallen for two consecutive years. What They Are Saying I Support for President Trump's Action to Promote Safe Policing and Safe Communities Fraternal Order of Police National President Patrick Yoes: We have reviewed the language of President Trump's Executive order and support its goals and methodology. It strikes a great balance between the vital need for public and officer safety, and the equally vital need for lasting,meaningful,and enforceable police reform. Fraternal Order of Police National Vice President Joe Gamaldi: I think we're going to embrace these reforms ...We heard America. We heard Americans.We were listening.We understood that reforms needed to happen.That commonsense solutions to these problems needed to be presented.And I think that's what you saw here today. National Sheriffs'Association Incoming President Dave Mahoney:We look forward to assisting the administration and Congress to implement these orders for the betterment of law enforcement and our nation. 3 2020-07-14 Agenda Pack-%ePage 255 of 46 Major County Sheriffs of America:The Major County Sheriffs of America(MCSA)appreciates the President's action to advance law enforcement accountability and preserve public safety through his Executive Order. tweet and full statement) Former D.C.Police Chief Charles Ramsey:This is a good start,and you know,the acknowledgement that you need to have some kind of national database, de-escalation training,having,you know,teams of people respond to some of these calls instead of just police officers,that have the expertise to be able to,you know,de- escalate and deal with people in a mental health crisis...these are things that I think are very positive,moves in a right direction. Brennan Center for Justice Senior Fellow Theodore Johnson: "I think the biggest thing is information sharing between federal agencies,the states,and the federal government is a good thing.The more those entities talk,which is difficult,the better it will be for those departments,as well as for the citizens that they serve." Governor Bill Lee(TN): Proud of Director @rauschtbi for representing our state so well on the Presidential Commission on Law Enforcement.Thank you @POTUS for jumpstarting public safety reforms, (tweet) Attorney General Ashley Moody(FL): Honored to join @realDonaldTrump and U.S.Attorney General William Barr,as the President signs an executive order to strengthen the trust between law enforcement and the communities they have sworn an oath to protect. (tweet) Attorney General Chris Carr(GA):Today, @POTUS signed an#ExecutiveOrder with substantive and innovative solutions aimed at building#TRUST between law enforcement the communities they serve.We commend these actions,and we look forward to doing our part here in Georgia. (tweet) Attorney General Daniel Cameron(KY): I applaud @POTUS/@realdonaldtrump's executive order today, which flatly rejects the radical notion of defunding the police in favor of reasonable,commonsense measures that will encourage safe policing and strengthen the relationship between law enforcement and our communities. (tweet) Attorney General Alan Wilson(SQ: The President's exec. order on Safe Policing brings needed improvements that will mean safer communities. Grant$ only to agencies that meet high standards,incl. improved use-of-force and de-escalation policies and training,credentialed by independent bodies. Attorney General Sean Reyes(U'I): The @WhiteHouse executive order on Safe Policing and Standards for De-escalation Training signed by @POTUS today directs grants to support peace officers in constructive community engagement and provides more resources for co-responders. ...These federal resources for peace officers and co-responders are a powerful step forward for law enforcement&the communities they selflessly serve each day. (tweet) House Minority Leader Kevin McCarthy(CA):Today's action by President Trump marks the first step in helping our cops serve their communities better. * Better training*More transparency*New accountability. House Minority Whip Steve Scalise(LA): @realDonaldTrump just signed a bold executive order on police reform.We must do all three: —Ensure equal justice—Support police officers who uphold their oath— Introduce better training and accountability`Defund the police'is not a serious solution. Sen.Tim Scott(SC):Very emotional meeting at the White House this morning with families of those killed by police in recent years. So grateful they are willing to share their powerful stories,and pleased to hear the President and AG commit to helping find answers and solutions. 4 2020-07-14 Agenda Pack-%ePage 256 of 46 Sen. Kelly Loeffler(GA):Thank you, @POTUS @realDonaldTrump,for your leadership in addressing police reforms.The solution isn't to`defund the police,'it is to provide more support and accountability.With today's executive order,we're taking a strong step to enhanced training and communication. Sen.Martha McSally(AZ): The executive order announced by @POTUS is a big step in the right direction& we are working in the Senate on further reforms. Sen.Joni Ernst(IA):Thank you @POTUS for taking action to help ensure our communities, and ALL Americans,are safe. Sen.Thom Tillis(NQ: "President @realDonaldTrump's executive order is an important first step in police reform and accountability." Sen.Todd Young(IN):Today, @POTUS took a first step toward meaningful police reform and pledged to work with Congress on additional measures. I look forward to working with my colleagues and the President on these important reforms. Sen.Mike Braun(IN):With this executive order,President @realDonaldTrump is taking a strong lead on progress toward more safe policing for all Americans. Mayor Betsy Price(Fort North, TX):The President's executive order is a step in the right direction, as we work to build safe communities that promote not only public safety,but also accountability for our first responders. Furthermore, it is critical we provide our police officers the necessary resources..." tweet} Sheriff Thomas Hodgson(Bristol County,MA): I was proud to stand shoulder-to-shoulder with fellow Sheriffs and others in law enforcement to support President @realDonaldTrump's executive order on policing today at the @WhiteHouse. (tweet) 5 2020-07-14 Agenda Pack-%ePage 257 of 46 Sheree Kansas From: Jesse Garcia Sent: Sunday,June 14, 2020 4:02 PM To: Mary Salas;John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Subject: Proposed FY'21 Budget: Delund the Police Department Warning: External Dear Mayor Salas Councilman McCann Councilwoman Galvez Councilman Padilla Councilman Email �' ' Diaz, I hope this message finds you all well. My name is Jesse Garcia,resident of Chula Vista's 4th District for almost 26 years. I'm writing to address the proposed FY'21 budget. Specifically, I'll be requesting to decrease the amount allotted to the police department and rerouted to education,human services, social works, and CDVID-19 relief. I've included several links and references as plain text below my signature. This year's proposed budget allocates $58.3 million, 28%of the general fund, to the police department [1]. While this is—$100 thousand less than the 2020 budget, this follows a trend in increasing the police department's budget between$1 million and$3 million each year over the last decade [2,3]. A total of 14 other departments are left to share$52 million from the general fund. Of note, Human Resources will only receive $2.8 million,Development Services will receive$2.9 million, and Economic Development will receive$2.1 million. This budget must be changed. Defunding the police sounds wild,until you consider we, as a country,have been defunding education for years. I received all K-12 education in Chula Vista, starting at Palomar Elementary in 1999 and ending at Hilltop High in 2012. Through that time and beyond, I've noticed several shortcomings, likely associated with budget. Palomar still had a world map depicting the USSR, which fell in 1991, in the small library by 2002. Class sizes at Hilltop Middle and High were excessive enough to, at times,not get the help I wanted or needed. Arts, science, outreach, and athletic programs often relied on the teacher/instructor/coach to secure outside funding for their program. All negatively impact the learning environment. Some specific cases are described below: - Louise Williams has taught English and led the Connect Crew, a peer mentoring program, at Hilltop High for the last two decades. She has also been a strong advocate for higher education,which I personally owe her for. In this time,her classroom has had zero upgrades. The air conditioner mostly doesn't work,the walls have made home to insects and mice long enough to be brittle to the touch, and had only recently been repainted independently by students. She owns every single item of value, including her desk, a communal refrigerator, bookshelves, and half of the student furniture. -Aislinn Burnett has taught Science at Chula Vista Learning Community Charter(CVLCC)Middle School since 2016. In this time, she has spun a theater and arts program up independently. This theater program regularly relies on her and the students for building props and stage devices on their own time with their own money and resources. The science classes she teaches sometimes do not have basic equipment, like photogates to track the speed of a ball down a track used when students investigate potential and kinetic energy transformation in physics. The Sweetwater Union High School District(SUHSD)laid off 200 teachers this year due to budget shortfall [4], and is slated to take an additional 20%cut pending Governor Newsom's budget decisions. More teachers i 2020-07-14 Agenda Pack-%ePage 258 of 46 will be laid off and/or have their budgets cut, certainly leading to ballooning class sizes, or, amid COVID-19, staggered schedules for students and further impacting their ability to learn. In my years as a resident of Chula Vista, I've also noticed a steady increase in our homeless population. My interactions have varied from giving what help I could by way of money or supplies,to trying to pass in fear as they yell at someone or something that isn't there. Most that I've talked to just seem to be down on their luck, one after damaging his legs, lungs, and back during a math lab raid while serving as a Firefighter. Some are clearly facing internal demons, and simply lack the support to tackle them. The United States Interagency Council on Homelessness outlines several solutions for ending homelessness [5]. Of note,providing affordable and accessible housing, health care, and career pathways all tend to help reduce homelessness. Additionally, reducing criminal justice involvement is a key factor. There is no sense in being punished for being homeless or being unable to integrate due to health care needs that you financially can't address. I won't speak at length on the current global attitudes toward police in America. The gross use of chemical weapons(tear gas), firearms, and other lethal and brutal displays of force toward peaceful protests is appalling. The murder of George Floyd at the hands of Minneapolis police officers is disgusting. The murder of Breonna Taylor by police officers who wrongfully entered her home is horrendous. My clearly Brown father was stopped with no reason by three squad cars a few weeks ago on his way home from work. All officers had their hands on their sidearms, and I fear that had he not shown his Navy Common Access Card,things may have taken a different turn than the questionable escort down the street that occurred. These cases inform my desire to defunct the police department. I know it can be done;the Minneapolis city council is already pushing in this direction [6]. To summarize, I'm requesting the City of Chula Vista revise the proposed FY'21 budget to reduce police funding by 50%to $29.1 mil lion and reroute this money to: - Educational resources for Black and Brown communities. -Human services, such as mental health resources for Black and Brown communities. - Increasing the Public Works budget to create more jobs and housing for low income households and homeless citizens via bridge or transitional housing programs. -COVVID-19 relief, support, and testing for Black and Brown families, as they have been disproportionately affected by this pandemic. Thank you all for your time, Jesse Robert Garcia Citations: [1] htt s://www.chulavistaca. ov/home/showdocument?id=20990 [2] http://www.chulavistaca.gov/home/showdocument?id=10443 [3] https://www.chulavi ov/home/showdocument?id=2530 [4] htt s://www.nbcsandie o.com/news/local/suhsd-considers-hundreds-of-la offs-to-fix-budget- woes/2271201/ to-fix-bud et- woes/2271201/ 2 2020-07-14 Agenda Pack-%ePage 259 of 46 [5] https-://www.usich.gov/solutions/ [6]htlps://www.karel I.com/article/news/local/minnegpolis-city-council-gpproves-year-IM-process-to-rebuild- public-safet 89-79ccc65d-7adf-4645-9450-c39f25f2cO49 2020-07-14 Agenda Pack-%-,*L Page 260 of 468 Sheree Kansas From: Coppola Sent: Friday,June 12, 2020 5:58 PM To: Mike Diaz Subject: Christopher Columbus Warning: External Email I feel it is ridiculous to remove the statue of Christopher Columbus!Why would you remove part of our history?It is wrong to erase our past;good or bad,it shows how far America has come.Disgusting what you people in leadership positions are doing for the appeasement of a few radical socialist punks. R/Joe Coppola 2020-07-14 Agenda Pack-%ePage 261 of 468 Sheree Kansas From: Robert Haynes Sent: Wednesday,June 10, 2020 11:55 AM To: Mike Diaz Subject: We support the Police! Warning: External Email Mike, My wife and 1,and everyone we know and work with,SUPPORT the police.Please never vote to defend the police. Sincerely, Robert Haynes 2020-07-14 Agenda Pack-%ePage 262 of 468 Sheree Kansas From: ]. Morris Sent: Wednesday,June 1O\ 202011:02AM To: Jill Gahez John McCann; Mike Diaz; yWa/ySa|as; Steve C. Padilla Subject: Local vapestores External |'m ema||ingto throw my support behind local vape shops in Chula Vista. Email It's amatter ofpersonal choice and aconsumer right tohave available options other than traditional tobacco.Vapeshops offer that and should beallowed tnremain. Thank you. z 2020-07-14 Agenda Pack-%et Page 263 of 468 Sheree Kansas From: Ian Burgar Sent: Wednesday,June 10,2020 621 AM To: Caroline Young Cc: John McCann; Kelly Broughton;Jill Galvez; Mike Diaz; Mary Salas;Patricia Salvation; Steve C. Padilla; montano.monica@scrippshealth.org;gammiere.tom@scrippshealth.org; Luke.Bergmann@sdcounty.ca.gov;John Teevan;Johnm@jmootlaw.com Subject: Acadia and the"misery mill" Warning: External All I hope you are well. We appreciate everything you are doing during this difficult period. Email I Wanted to resume our updates: This from the Chicago Tribune: https:/1www.chicagotribune.tom/investigations/ct-millcree k-a rka nsas-foster-child ren-side ba r-20200311- pbpgk5fzrzbmbm7n277ibu5avu-htmistorv.html Police logs, children, families paint troubled portrait of Millcreek 'misery Mill "Out of the various placements I was in, Millcreek was by far the worst, and to this day I would say Millcreek has been my worst life experience. That place beat out losing my family," said Specht, now an Academic All-Star at the University of Arkansas Pulaski Technical College. Said Specht: "We called it the misery mill." ...Millcreek and its parent company,the for-profit Acadia Healthcare, declined to comment. Sent from my iPhone On Feb 29,2020,at 6:54 PM, Ian Burgar wrote: https://www.news-press.com/story/news/local/2020/02/28/park-royal-hospital-patient-accuses- st a ffe r-sex-a s sa u It/4870513002/ 1 2020-07-14 Agenda Packet Page 264 of 468 Park Royal Hospital, Lee County's only inpatient psychiatric hospital,has faced a number of lawsuits in recent years involving farmer patients who claimed they were sexually assaulted. In one of the more infamous cases,seven former patients reached undisclosed settlements with the hospital in 2016 over alleged sex assaults that took place in 2013.Those cases involved an employee named Benjamin Bland,who served 3 1/2 years in prison after pleading guilty to two counts of sexual abuse of a disabled adult. The privately-operated, 114-bed Parr Royal is owned bv the Franklin,Tennessee-based company,Acadia Healthcare. Sent from my iPhone On Jan 24, 2020, at 2:11 PM, Ian Burgar<ian.burgar@gmail.com>wrote: Happy 2020 all. Here is the first of what will likely be many stories... The Lown Institute, a healthcare think tank, has released Its third annual Shkreli Awards, a list of the top 10 worst actors in healthcare from the last year. The institute awards people and businesses that exemplify "profiteering and dysfunction in healthcare." Acadia #7! 7. Franklin, Tenn.-based Acadia Healthcare. The psychiatric hospital chain is facing claims that personnel at their hospitals neglected patients, stole from them and abused them. https:ZZwww.beckershos itaIreview.com rankin s-and-ratin sthe-10-shkreli-award reci ients-that-exem lified- rofiteerin -and-d sfunction-in-healthcare.html# Sent from my iPhone On Dec 9, 2019, at 10:11 AM, Ian Burgar<ian.burgar@gmail.com> wrote: In this weeks installment of Acadia in the news: Police spent hours searching and seizing patient records and computers, as well as interviewing workers at the administrative office. Detectives said they believe they will find evidence of dozens of crimes. "This is a very large-scale investigation," said Gwinnett County Police Spokesperson Michele Pihera. 2 2020-07-14 Agenda Pack-%ePage 265 of 46 Officials brought their own truck and van for all the evidence they expected to find. Authorities said they are looking into complaints of abuse, over- drugging and fraud at the facility owned by Acadia Healthcare. "It appears all the employees are cooperative, they all understand why we are here," Pihera said. https://www.wsbtv.com/news/localZgwinnett-count 50-officers-raid- local-mental-health-facilities-in-lar e-scale-investi ation- 1016165355 Sent from my Phone On Dec 3, 2019,at 2:05 PM, Ian Burgar <ian.burgar@gmail.com>wrote: Why does the Scripps team continue to consider this company a partner? It's getting silly at this point... https://www.tampaba-y-com/inve-stigationsZ20-19/12ZO3 /former-nfl-player-not-actually-qualified-to-run- has ital-feds-find The inspection, however, said there was "no evidence" that the CEO "met the education or experience requirements defined in the position description." He did not have an appropriate bachelor's degree for the job or three to five years of experience in senior healthcare leadership. When inspectors asked for his application for the position, an executive assistant said she couldn't provide one because the application was "electronic, not paper." Coleman confirmed to regulators that he was appointed as CEO even though he did not meet the minimum requirements Sent from my iPhone 3 2020-07-14 Agenda Pack-%ePage 266 of 46 On Nov 19, 2019,at 5:11 PM, Ian Burgar rote: They are in the news constantly: https://www.nwahomepage.com/news /knwa/land-nulled-for-youth- treatment-center-2/ Planning and Community of Development Director Patsy Christie says in 2016, the planning commission gave the green light for construction on the center to start. "If they have not started construction within a year, the plan would be null and void," Christie said. Fast forward three years and other than a little bit of work on stormwater mitigation — no major construction has been done, halting the development. Christie says she hasn't heard from anyone with the healthcare provider in over a year but if they were still interested in building on the lot — they'd have to go through the process all over again. The facility would be like the one in Fayetteville — which is being investigated by the Department of Human Services for allegations of 4 2020-07-14 Agenda Packet Page 267 of 468 neglect, abuse and sexual misconduct among residents. Sent from myiPhone s 2020-07-14 Agenda Pack-%et Page 268 of 468 Sheree Kansas From: Gretchen Nora Sent: Tuesday,June 09, 2020 5:53 PM To: Mike Diaz Subject: Defund now Warning: External Email Put money into our community now Sincerely, Gretchen Erdman Sent from my Whone 2020-07-14 Agenda Pack-%ePage 269 of 468 Sheree Kansas From: Tamisha Woods Sent: Tuesday,June 09, 2020 5:42 PM Subject: FW:City of Chula Vista:City Budget Contact From:Webmaster<Webmaster@chulavistaca.gov> Sent: Monday,June 08,2020 12:14 AM To: Edward Prendell<eprendell@chulavistaca.gov> Subject:City of Chula Vista: City Budget Contact Warning: External Email A new entry to a form/survey has been submitted. Form Name: Budget Input Date&Time: 06/08/2020 12:14 AM Response#: 6 Submitter ID: 77977 IP address: 104.49.200.5 Time to complete: 2 min.,,3 sec. Survey Details Page 1 Please provide comments below regarding development of the Fiscal Year 2020-21 City budget. First Name(optional) Kandi Last Name(optional) Not answered Email Address(optional) . Zip Code 91915 Comments DEFUND POLICE NOW.with 58.3%of the general fund going to the police department-this is a problem.will make sure to flood your phone lines and call in/show up to make demands on DEFUNDING THE POLICE NOW from your budgetl l Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management SystemTM.Please do not reply directly to this email. 1 2020-07-14 Agenda Pack-%ePage 270 of 46 Sheree Kansas From: TomishaWoods onbehalf of[itv[|erk Sent: Tuesday,June 09, 2O2OS:06PK4 Subject: FW: Letter nfSupport Fnmnn: Laura Kingkade Sent:Tuesday,June O9,2O2O5:OSPW4 To:OtyC|erk<CityC|erk@chu|avistaca.gov> Subject: Letter ofSupport External Good Afternoon, Email I I support the Chula Vista Police Department. I ask the City Council the vote in favor of items 2 and 7. Sincerely, Laura Kingkade � 2020-07-14 Agenda Pack-%et Page 271 of 468 Sheree Kansas From: Megan Estill Sent: Tuesday,June 49, 2020 4:57 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Email Dear City Council Members, My name is Megan&I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd,Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing. Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Megan Sent from my iPhone 2020-07-14 Agenda Pack-%ePage 272 of 46 Sheree Kansas From: Silvia Saldivar Sent: Tuesday,June 09, 2020 4:53 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: ACT ACCORDINGLY Warning: External Email Dear City Council Memebers, My name is Silvia Saldivar, I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DD NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Silvia Saldivar 2020-07-14 Agenda Pack-%ePage 273 of 46 Sheree Kansas From: Luis Alvarez Sent: Tuesday,June 09, 2020 4:51 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Proposed Chula Vista Budget Warning: External Email Dear City Council Memebers, My name is Luis Alvarez, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Luis Alvarez 1 2020-07-14 Agenda Pack-%ePage 274 of 46 Sheree Kansas From: Odette Medina Sent: Tuesday,June 09,2020 4:32 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Police Budget Warning: External Email Dear City Council Memebers, My name is Odette Medina, I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breanna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Odette Medina 2020-07-14 Agenda Pack-%ePage 275 of 46 Sheree Kansas From: Kerry Bigelow Sent: Tuesday,June 09,2020 4:25 PM To: Albert Velasquez;Christopher Ramirez; District2CouncilAide; Francisco Estrada;Jill Galvez;John McCann; Kerry Bigelow; Mary Salas; Mike Diaz; Natalie Zuniga; Natalie Flores; Samantha Trickey; Sheree Kansas;Steve C. Padilla;Tony Cruz Subject: FW:Chula Vista's proposed budget -----Original Message----- From:Yessenia Bejarano Sent:Tuesday,June 9,2020 4:08 PM To: Mary Salas<MSalas@chulavistaca.gov> Cc: Kerry Bigelow<KBigelow@chulavistaca.gov> Subject:Chula Vista's proposed budget Warning: External Email Honorable Mayor Mary Salas, My name is Yessenia Bejarano, I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. 2020-07-14 Agenda Pack-%ePage 276 of 46 FUND OUR FUTURE! Your constituent, Yessenia Bejarano 2020-07-14 Agenda Pack-%-,'L- Page 277 of 468 Sheree Kansas From: Caitlin D Sent: Tuesday,June 09, 2020 4:24 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Chula Vista Strong Warning: External Email Dear City Council Memebers, My name is Caitlin Daniels,I am a very concerned resident of Chula Vista.As you know chula vista residents we care deeply about our community. In light of the most recent tragedies of George Floyd,Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should, due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each.see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Caitlin Daniels 1 2020-07-14 Agenda Pack-%ePage 278 of 46 Sheree Kansas From: edgar ontiveros Sent: Tuesday, June 09, 2020 3:58 PM To: Jill Galvez; Mike Diaz;Steve C. Padilla;John McCann Cc: Kerry Bigelow Subject: Reject funding for police vehicles Warning: External Dear Cit Council Memebers, Email y My name is Edgar, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery, Breonna Taylor, and all of the countless murders of Black and Brown Americans that go unnoticed, it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28% of the overall General Fund for 2021. This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents, their community, at the highest level of importance as they should, due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021, has almost doubled from 2020's $4,403183 to $5,210,211. There is $470,00 budgeted towards Police supplies, uniforms, computers, and other equipment, and $939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746. All while our public libraries are outdated and understaffed, our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing. Chula Vistan's are living on the streets, and resources for marginalized communities lack proper funding, computers, supplies, and resources, which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again, our unique voices have been ignored, and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police, and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city, THE COUNTRY, and the collective outcry from the community that you each see how important it is to invest in our community, in our people, our children, and all of us who eat, breathe, sleep, and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Edgar Ontiveros Medina 2020-07-14 Agenda Pack-%ePage 279 of 46 Sheree Kansas From: Denisse Morales Sent: Tuesday,June 09,2020 3:54 PM To: John McCann;Jill Calvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Defund the police Warning- External Email Dear City Council Memebers, My name is Denisse Morales,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Denisse Morales Sent from my iPhone 2020-07-14 Agenda Pack-%ePage 280 of 46 Sheree Kansas From: angelica Sent: Tuesday,June 09,2020 3:50 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Reject Proposal on the Police Budget Warning:External Email Dear City Council Memebers, My name is Angelica Garcia, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY, and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Angelica Garcia 2020-07-14 Agenda Pack-%ePage 2 1 of 46 Sheree Kansas From: Dylan Sparks Sent: Tuesday,June 09, 2020 2:36 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Racial Injustice + Police Warning: External Dear Cit Cil Mb , M name is Dylan Sparks, I am a resident of Chula Vista. In light of the most Email City emeersv recent tragedies of George Floyd,Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed, it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force.Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well- being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department.The Police budget for 2021, has almost doubled from 2020's $4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies, uniforms,computers,and other equipment,and $939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding, computers,supplies, and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community, in our people,our children,and all of us who eat, breathe,sleep, and live here in Chula Vista.We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Dylan Sparks f 2020-07-14 Agenda Pack-%ePage 282 of 46 Sheree Kansas From: Karhino pit Sent: Tuesday,June 09, 2020 11:22 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Help our community Warning: External Email Dear City Council Memebers, My name is Karina Ruiz,I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's $4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PD#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, (Add Your Name) Sent from my iPhone 2020-07-14 Agenda Pack-%ePage 283 of 46 Sheree Kansas From: Angela Prince Sent: Tuesday,June 09, 2020 2:10 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Funding Warning: External Email Dear City Council Memebers, My name is Angela Prince,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the wellbeing of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you REFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, (Add Your Name) Sent from my iPhone 2020-07-14 Agenda Pack-%ePage 284 of 46 Sheree Kansas From: Jassi Plasencia Sent: Tuesday,June 09, 2620 2:05 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Dear Cit Council Memebers, M name is Jasmine Plasencia, I am a resident of Chula Vista. In light of the Email y y most recent tragedies of George Floyd,Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed, it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force.Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2621.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community, at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department.The Police budget for 2021, has almost doubled from 2026's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies, uniforms,computers,and other equipment,and $939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing. Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again, our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,262 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community, in our people,our children,and all of us who eat, breathe,sleep, and live here in Chula Vista.We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent,Jasmine Plasencia 2020-07-14 Agenda Pack-%ePage 285 of 46 Sheree Kansas From: michelle oh Sent: Tuesday,June 09, 2024 1:54 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Dear Cit Council Members, Email y My name is Michelle Oh, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd,Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed, it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 280 of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021, has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies, uniforms, computers,and other equipment, and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201745.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding, computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police, and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community, in our people,our children,and all of us who eat, breathe, sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Michelle Oh 1 2020-07-14 Agenda Pack-%ePage 286 of 46 Sheree Kansas From: Nicole Briones Sent: Tuesday,June 09,2020 1:42 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Police Budget 2021 Warning: External Email Dear City Council Memebers, My name is Nicole Briones.I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breanna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's $4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Nicole Briones 1 2020-07-14 Agenda Pack-%ePage 287 of 46 Sheree Kansas From: Noriel Mostajo Sent: Tuesday,June 09,2020 1:33 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Defund our Police and Fund our Community Warning: External Email Dear City Council Memebers, My name is Noriel Mostajo, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breanna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Noriel Mostajo 2020-07-14 Agenda Pack-%ePage 288 of 46 Sheree Kansas From: Chloe Acosta Sent: Tuesday,June 09, 2020 1:30 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Chula Vista Budget 2021 Warning: External Email Dear City Council Memebers, My name is Chloe Acosta,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Chloe Acosta 2020-07-14 Agenda Pack-%ePage 289 of 46 Sheree Kansas From: Sent: Tuesday,June 09, 2020 1:09 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Ashamed of your police budget increase Warning: External Email Dear City Council Memebers, My name is CARL I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd,Ahmaud Arbery,Breanna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28% of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you REFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Carl Sent from my iPhone 2020-07-14 Agenda Pack-%ePage 290 of 46 Sheree Kansas From: Adrian Gutierrez Sent: Tuesday,June 09, 2020 9:10 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Justice Warning: External Email Dear City Council Memebers, My name is Adrian Gutierrez,I am a resident of Chula vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DD NOT hold the well-being of their constituents,their community,at the highest level of importance as they should, due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$5,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again, our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Adrian Gutierrez Sent from my iPhone 2020-07-14 Agenda Pack-%ePage 291 of 46 Sheree Kansas From: Alan Ramirez Sent: Tuesday,June 09,2020 1:00 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning:External Email Dear City Council Memebers, My name is Alan Ramirez I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the Well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, (Add Your Name) 1 2020-07-14 Agenda Pack-%ePage 292 of 46 Sheree Kansas From: Alexa Renee Hornedo Sent: Tuesday,June 09,2020 12:43 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: DEFUND POLICE, FUND OUR COMMUNITY Warning: External Email Dear Councilmembers, My name is Alexa Hornedo, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery, Breonna Taylor, and all of the countless murders of Black and Brown Americans that go unnoticed, it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28% of the overall General Fund for 2021 . This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents, their community, at the highest level of importance as they should, due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021 , has almost doubled from 2020's $4,403183 to $8,210,211 . There is $470,00 budgeted towards Police supplies, uniforms, computers, and other equipment, and $939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746. All while our public libraries are outdated and understaffed, our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing. Chula Vistan's are living on the streets, and resources for marginalized communities lack proper funding, computers, supplies, and resources, which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again, our unique voices have been ignored, and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. ask that you decrease and reallocate the bloated budget for Police, and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. am hoping that with the current state of our city, THE COUNTRY, and the collective outcry from the community that you each see how important it is to invest 2020-07-14 Agenda Packet Page 293 of 468 in our community, in our people, our children, and all of us who eat, breathe, sleep, and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Alexa Hornedo 2020-07-14 Agenda Packet Page 294 of 468 Sheree Kansas From: Vania Ulloa Sent: Tuesday,June 09,2020 12:41 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Help Fund What Matters! Warning: External Email Dear City Council Memebers, My name is Vania Ulloa,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again, our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Vania Ulloa 2020-07-14 Agenda Pack-%ePage 295 of 46 Sheree Kansas From: Mar Rizoneira Sent: Tuesday,June 09,2020 12:40 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Email Dear City Council Memebers, My name is Mar Rizoneira,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again, our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Mar Rizoneira Sent from my iPhone 1 2020-07-14 Agenda Pack-%ePage 296 of 46 Sheree Kansas From: Ben Ryu Sent: Tuesday,June 09, 2020 12:39 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Subject: Concerns regarding PO#2201746 Warning: External Email Dear City Council Members, My name is Ben Ryu,I am a resident of Chula Vista in District 3. The US DOJ recently awarded Chula$750,000 to hire new police officers.According to statistics available on SANDAG's website,crime in Chula Vista decreased by 13%from 2015 to 2019 and Chula Vista's crime rates are lower than San Diego county as a whole.Why is more policing necessary?In the announcement of the award,an official from the DOJ cites Chula Vista's proximity to the Southwest Border as rationalization for more police.How is that a valid reason for more policing for a community that's relatively safe in comparison to adjacent cities? What type of vetting process will be implemented for the new hires?Measure A was passed by the voters in 2019.I thought that was supposed to be the mechanism to adequately fund the police force? The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Not to mention the defunding of the budgets of our SCHOOLS. If it is stability that you seek,investing in the police is very counterproductive.Stability is making sure the members of your community are taken care of.If members of a society are not taken care during a global pandemic,they will have to resort to criminal activities just to get by.It is an embarrassment to continue directing unnecessary funds towards the police department that criminalizes people that are suffering. Many of our people are living on the streets,and resources for marginalized communities lack proper funding, computers,supplies,green policies,and resources.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. 2020-07-14 Agenda Pack-%ePage 297 of 46 Your constituent, BeoDyu � 2020-07-14 Agenda Pack-%et Page 298 of 468 Sheree Kansas From: Karely Fregoso Sent: Tuesday,June 09, 2020 12:27 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Dear City Council Members Warning: External Email Dear City Council Memebers, My name is Karely Fregoso,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DD NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Karely Fregoso 2020-07-14 Agenda Pack-%ePage 299 of 46 Sheree Kansas From: renee hernandez Sent: Tuesday,June 09, 2020 12:05 PM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Dear Cit Council Memebers, My name is Renee Hernandez, I am a resident of Chula Vista. In light of the Email y most recent tragedies of George Floyd,Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed, it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force.Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community, at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department.The Police budget for 2021, has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies, uniforms,computers,and other equipment,and $939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minima!staffing. Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep, and live here in Chula Vista.We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE!Your constituent, Renee Hernandez Thank you for your time. 020-07-14 Agenda Pack-%ePage 300 of 46 Sheree Kansas From: Constanza Astiazaran Sent: Tuesday,June 09, 2020 12:00 PM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Dear City Council Members Warning: External Email Dear City Council Members, My name is Constanza Astiazaran,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd,Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors, I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Constanza Astiazaran Enviado desde mi iPhone 020-07-14 Agenda Pack-%ePage 301 of 46 Sheree Kansas From: Natali Rahimzadeh Sent: Tuesday,June 09, 2020 11:57 AM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: URGENT: Defund the Chula Vista Police Department Warning: External Email Dear City Council Memebers, My name is Natali Rahimzadeh,proud daughter of Chula Vista small business owner Sassan Rahimzadeh and lifelong Chula Vista resident.We may have been introduced at the City's monthly First Friday breakfasts. In light of the most recent murders of George Floyd,Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unreported by our national and local media,it is apparent that the we have a grave issue of overfunded and under-trained police forces that are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding, computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people, our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. BLACK LIVES MATTER. Your constituent, Natali Rahimzadeh 1 2020-07-14 Agenda Pack-%ePage 302 of 46 Sheree Kansas From: Sent: Tuesday,June 09, 2020 11:53 AM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Email Dear City Council Memebers, My name is Hope Foote,I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again, our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Hope Foote 020-07-14 Agenda Pack-%ePage 303 of 46 Sheree Kansas From: Alexa Taylor Sent: Tuesday,June 09,2020 11:50 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Police Budget Warning: External Email Dear City Council Memebers, My name is Alexa-Taylor,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Alexa-Taylor 020-07-14 Agenda Pack-%ePage 304 of 46 Sheree Kansas From: Carla Gabriela Sent: Tuesday,June 09,2020 11:46 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Email Dear City Council Memebers, My name is Carla Juarez,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Carla Juarez Sent from my iPhone 1 020-07-14 Agenda Pack-%ePage 305 of 46 Sheree Kansas From: Savannah Nordeen Sent: Tuesday,June 09, 2020 11:45 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: DCS NOT INCREASE POLICE BUDGET Warning: External Email Dear City Council Memebers, My name is Savannah Nordeen,I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again, our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista, We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Savannah Nordeen 020-07-14 Agenda Pack-%ePage 306 of 46 Sheree Kansas From: Ralph Maliksi Sent: Tuesday,June 09, 2020 11:41 AM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Fund Our Future Warning:External Email Dear City Council Memebers, My name is Ralph Maliksi,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you REFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Ralph Maliksi 1 020-07-14 Agenda Pack-%ePage 307 of 46 Sheree Kansas From: Olivia Martinez Sent: Tuesday,June 09, 2020 11:33 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Defund Police Warning: External Email Dear City Council Memebers, My name is Olivia Martinez,I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor, and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you REFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, (Add Your Name) Sent from my iPhone 020-07-14 Agenda Pack-%ePage 308 of 46 Sheree Kansas From: alexandra arambula Sent: Tuesday,June 09, 2020 11:31 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Dear City Council Members Warning:External Email Dear City Council Memebers, My name is Alexandra Arambula,I am a resident of Chula Vista.In and In light of the most recent tragedies of George Floyd,Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should, due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed, our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Alexandra Arambula Sent from my iPhone 020-07-14 Agenda Packet Page 309 of 46 Sheree Kansas From: Katrina Wheeler Sent: Tuesday,June 09,2020 11:29 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Dear Cit Council Memebers, Email y My name is Katrina, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd,Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed, it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force.Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department.The Police budget for 2021, has almost doubled from 2020's$4,443183 to$8,210,211.There is$470,00 budgeted towards Police supplies, uniforms,computers,and other equipment, and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing. Chula Vistan's are living on the streets, and resources for marginalized communities lack proper funding,computers, supplies,and resources, which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored, and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police, and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community, in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista.We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Katrina 1 020-07-14 Agenda Pack-%ePage 310 of 46 Sheree Kansas From: Sent: Tuesday,June 09,2020 11:23 AM To: CityClerk; Becky Cortez; Mike Diaz;John McCann Subject: General public comment -William Hall Attachments: Comments in support of CV police Vehicle procurement and against force defunding .pdf Warning: External Email 9 June 2020 Dear Honorable!Mayor Salas and distinguished members of the Chula Vista City Council, Based on years of positive experience dealing with members of the City of Chula Vista Police Force, I have developed a profound respect for their methods, integrity, and dedication. Proposals that advocate defunding the force are misguided and ignore the rigorous demands and high-risk environment that they endure daily, as well as the considerable contributions and sacrifices made by these selfless public servants. The leadership of the force advocates and demonstrates caring,sensitive,progressive strategies for law enforcement and public outreach. I am proud to stand in support of our Chula Nista Police force and remain a strong advocate for the full funding of their needed facilities and equipment in compliance with a history of public votes, including Proposition P. Sincerely, William Hall City if Chula Vista resident 020-07-14 Agenda Pack-%ePage 311 of 46 Sheree Kansas From: Karhino pit Sent: Tuesday,June 09,2020 11:20 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Help the community Warning: External Email Dear City Council Memebers, My name is Karina Ruiz,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to $8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, (Add Your Name) Sent from my iPhone 1 2020-07-14 Agenda Pack-%ePage 312 of 46 Sheree Kansas From: lauren Sanchez Sent: Tuesday,June 09,2020 11:18 AM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: A Constituent on the 2021 Budget Warning: External Email Dear City Council Memebers, My name is Lauren Sanchez and I am a resident of Chula Vista,and I have been for 22 years.our city has always been one of the most diverse in San Diego,and with that diversity comes different needs for such a large population of different people. In light of the most recent tragedies of George Floyd,Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Our city needs you to reject the proposed budget,as allocations for the police make up a whopping 28%of the overall general fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep, and live here in Chula Vista. Your constituent, Lauren Sanchez 1 020-07-14 Agenda Pack-%ePage 313 of 46 Sheree Kansas From: Natalie Gonzalez Sent: Tuesday, J u ne 09, 2020 11:16 AM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Defund the Police Warning: External Email Dear City Council Memebers, My name is Natalie Gonzalez, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2 02 1.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 20200s$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Natalie Gonzalez 020-07-14 Agenda Pack-%ePage 314 of 46 Sheree Kansas From: Krystin Llanes Sent: Tuesday,June 09, 2020 11:12 AM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Demand to Decrease Police Budget Warning: External Email Dear City Council Memebers, My name is Krystin Llanes,and I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again, our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Krystin Llanes 1 020-07-14 Agenda Pack-%ePage 315 of 46 Sheree Kansas From: Jerome Torres Sent: Tuesday,June 09,2020 10:57 AM To: Mary Salas;John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kelly Broughton Subject: DEFUNDING THE POLICE—AGENDA ITEM #7 (20-0218) Warning: External On today's agenda, is the approval of the FY 2020121 Operating Budget which calls for Email y g pp p g g allocating 28%of the general fund toward the Police Department. Many public comments you receive will call for"defunding the police" by reallocating these funds to other critical social services. This polarizing credo are causing many politicians to recoil. It is said that "In politics, timing is everything." Thus, I implore you to seize this golden opportunity to "reimagine public safety in the City of Chula Vista and the role of its Police Department." To begin the process, I strongly recommend that the Mayor and City Council actively engage Chula Vista residents in the coming weeks and seek their input on how this aspirational concept can be realized. A paradigm shift in public safety needs to happen and that must start by having some VERY uncomfortable discussions. Yes, you will receive caustic hyperbole. However, you will receive viable suggestions as well. Presently, two city councilmembers are up for re-election. It is incumbent upon them to engage their constituents. They have a golden opportunity to do just that. Thankfully, Chula Vista is not Ferguson, Mo or Minneapolis, MN. But as the George Floyd tragedy illustrates, one horrific incident of police brutality can ignite a firestorm that no one can predict and control. Eliminating the carotid choke hold, although meaningful, is not enough. Symbolic gestures of kneeling are not enough. Active engagement of the city's residents to "reimagine public safety in the City of Chula Vista and the role of its Police Department"is what is needed now. Respectfully, Jerome O. Torres i 020-07-14 Agenda Pack-%ePage 316 of 46 Sheree Kansas From: Jessica May Barcelona Sent: Tuesday,June 09, 2020 10:51 AM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: DEFUND CVPD-- BUDGET CONCERNS Warning: External Dear City Council Memebers, Email My name is Jessica Barcelona. I am a resident of Chula Vista and have recently moved back after completing my undergraduate studies at UCSB and the National University of Singapore. First,I am appalled at the actions taken last night by the San Diego City Council Members. I am hoping that the Chula Vista City Council does not follow the steps of San Diego,but instead advocates in the interest of it's constituents. So many Chula Vistan's are vulnerable and facing housing,job,AND/OR food insecurity.Chula Vista must redefine safety and provide resources to our communities that are continuously underserved! I would love to see funds be reallocated to services that will support community-based growth such as mental health services,free public transit,good jobs,education,housing assistance,and public health care initiatives. In light of the most recent tragedies of George Floyd,Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Not only that,right now s I do not agree that the CVPD should consume most of Chula Vista's General Fund for 2021. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.The CVPD are not well-trained professionals who can deal with the complex issues we are facing such as racial justice or public health. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies, uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201745.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you DECREASE and REALLOCATE the bloated budget for Police, and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat,breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Thank you for your time.l look forward to hearing how you plan to address the needs of the community at today's meeting. Your constituent, Jessica Barcelona 1 020-07-14 Agenda Pack-et Page 317 of 46 Sheree Kansas From: Luis Medrano Sent: Tuesday,June 09,2020 10:44 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Black Lives Matter Warning: External Dear City Council Memebers 'Email My name is Luis Armando Medrano, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021, has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies, uniforms, computers,and other equipment,and $939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets, and resources for marginalized communities lack proper funding, computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY, and the collective outcry from the community that you each see how important it is to invest in our community, in our people,our children, and all of us who eat, breathe, sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Luis Armando Medrano 1 020-07-14 Agenda Pack-%ePage 318 of 46 Sheree Kansas From: Stephanie Garcia Sent: Tuesday,June 09, 2020 10:44 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Email Dear City Council Memebers, My name is Stephanie Garcia,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DD NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing. Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Stephanie Garcia 1 020-07-14 Agenda Pack-%ePage 319 of 46 Sheree Kansas From: Kelsey Ferko Sent: Tuesday,J u ne 09, 2020 10:40 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Reallocation of City Budget Warning: External Email Dear City Council Memebers, My name is Kelsey Ferko,I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery, Breanna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$41,403,183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under P042201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people, our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you choose NO on increasing the funds towards our police,and REALLOCATE these funds to areas that are in need of the money in order to FUND OUR COMMUNITY and make our community a better place instead. FUND OUR FUTURE! Your constituent, Kelsey Ferko Sent from my iPhone w f 020-07-14 Agenda Pack-%ePage 320 of 46 Sheree Kansas From: Sara tuna 00000����� Sent: Tuesday,June 09, 2020 10:29 AM To: John McCann;Jiff Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Email Dear City Council Memebers, My name is Sara Luna, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd,Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DD NOT hold the wellbeing of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed, our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Sara Luna Sent from my iPhone I 020-07-14 Agenda Pack-%ePage 321 of 46 Sheree Kansas From: Sebastian ocampo Sent: Tuesday,June 09, 2020 10:26 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: DEAR CITY COUNCIL MEMBERS Warning: External Email Dear City Council Memebers, My name is Sebastian Ocampo,I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, (Add Your Name) Sent from my iPhone 1 2020-07-14 Agenda Pack-%ePage 322 of 46 Sheree Kansas From: Mia Ballesteros Sent: Tuesday,June 09, 2020 10:24 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Email Dear City Council Memebers, My name is Mia Ballesteros,I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2 02 1.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people, our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Mia Ballesteros 020-07-14 Agenda Pack-%ePage 323 of 46 Sheree Kansas From: Demi Regala Sent: Tuesday,June 09,2020 10:21 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Defund the Police Warning:External Email Dear City Council Memebers, My name is Demi Regala,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DD NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Demi Regala 020-07-14 Agenda Pack-%ePage 324 of 46 Sheree Kansas From: Jonathan Rodriguez Sent: Tuesday,June 09, 2020 10:20 AM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Defund Police Warning: External Email Dear City Council Memebers, My name is Jonathan Rodriguez,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breanna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers, and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets, and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Jonathan Rodriguez 1 020-07-14 Agenda Pack-%ePage 325 of 46 Sheree Kansas From: Sent: Tuesday, J u ne 09,2020 10:14 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Your community demands that you listen and defund police. Warning: External Email Dear City Council Members, My name is Mikayla Obispo and I am a resident of Chula Vista. If you already aren't aware,the SD City Council voted to increase the police funding by$27 million.That is unacceptable and irresponsible. I can only hope and pray that you all do not make the same mistake. If you think that reform will work,then you could not be more wrong. Racist and violent police do not care for reforms or trainings.We cannot reform a system that was built to track down slaves in the first place.That may seem like a long time ago,but the influences of racism is undeniable. We refuse to keep funding people that are not protecting the people they swore to protect.We refuse to give this violent department more power. If you all truly believe in justice and equity and democracy,then you will listen to what the majority of your constituents are asking of you. Sincerely, Mikayla Obispo 1 020-07-14 Agenda Pack-%ePage 326 of 46 Sheree Kansas From: saira estrada Sent: Tuesday,June 09,2020 10:13 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Fund a better future for our community Warning:External Email Dear City Council Memebers, My name is SairaEstrada,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breanna Taylor, and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DD NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Saira Estrada Sent from my iPhone 020-07-14 Agenda Pack-%ePage 327 of 46 Sheree Kansas From: Santiago Reuben Sent: Tuesday,June 09,2020 10:11 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Proposed 2021 Budget Warning: External Email Dear City Council Memebers, My name is Reuben Santiago,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding, computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Reuben Santiago Sent from my iPhone 020-07-14 Agenda Pack-%ePage 328of 46 Sheree Kansas From: Maya-Guadalupe Sent: Tuesday,June 09,2020 10:07 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Fund our Vulnerable Communities Warning: External Email Dear City Council Memebers, My name is Maya Guadalupe Tamayo,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd,Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again, our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people, our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you REFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Maya Guadalupe Tamayo Sent from my iPhone 020-07-14 Agenda Pack-%ePage 329 of 46 Sheree Kansas From: Marlene Kamo Sent: Tuesday,June 09, 2020 10:06 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Policy Warning: External Email Dear City Council Members, My name is Marlene Kamo, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breanna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2 02 1.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DD NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again, our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Marlene Kamo 1 020-07-14 Agenda Pack-%ePage 330 of 46 Sheree Kansas From: Nicole Aguirre Sent: Tuesday,June 09, 2020 9:54 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Defund the CVPD Warning: External Email Dear City Council Memebers, My name is Nicole and I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd,Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DD NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Nicole Aguirre 020-07-14 Agenda Pack-%ePage 331 of 46 Sheree Kansas From: Parnia Vafaei Sent: Tuesday,June 09,2020 9:52 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Email Dear City Council Memebers, My name is Parnia, I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd,Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Parnia Sent from my iPhone 1 2020-07-14 Agenda Pack-%ePage 332 of 46 Sheree Kansas From: Kim Berry Sent: Tuesday,June 09,2020 9:52 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Chula Vista Budget Reform Warning: External Email Dear City Council Members, My name is Kimberly Moran and I am a resident of Chula Vista(91911). In light of the most recent tragedies of George Floyd,Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed, our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Kimberly Moran Sent from my iPhone 1 020-07-14 Agenda Pack-%ePage 333 of 46 Sheree Kansas From: Ale Ruiz Tostado Sent: Tuesday,June 09,2020 9:41 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Warning: External Email Dear City Council Memebers, My name is Alejandra,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd,Ahmaud Arbery, Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding, computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you REFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Alejandra R. Sent from my iPhone 020-07-14 Agenda Pack-%ePage 334 of 46 Sheree Kansas From: Simone Gaffrey Sent: Tuesday,June 09,2020 9:40 AM To: John McCann;.till Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Stop overfunding the police Warning: External Email Dear City Council Memebers, My name is Simone Gaffrey,I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Simone Gaffrey Sent from my iPhone 020-07-14 Agenda Pack-%ePage 335 of 46 Sheree Kansas From: Arienne Malekmadani Sent: Tuesday,June 09, 2020 9:37 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Do the right thing, please Warning: External Email Dear City Council Memebers, My name is Arienne Malekmadani,I am a family medicine doctor in Chula Vista.In light of the 5370 Packard 5t most recent tragedies of George Floyd,Ahmaud Arbery, Breanna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the wellbeing of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Sincerely, Arienne Malekmadani, MD 020-07-14 Agenda Pack-%ePage 336 of 46 Sheree Kansas From: Sent: Tuesday,June 09, 2020 9:28 AM To: John McCann;Jill Galvez; Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: DEFUND THE POLICE. Warning: External Dear Cit Council Memebers, Email y My name is Mikayla Obispo, I am a resident of Chula Vista. In light of the most recent tragedies of George Floyd, Ahmaud Arbery, Breanna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force.You have to be intentionally blinding yourself if you do not see this. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme; it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021, has almost doubled from 2020's$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies, uniforms,computers,and other equipment, and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing.Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding, computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color. It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,the country, and the collective outcry from the community that you each see how important it is to invest in our community, in our people,our children,and all of us who eat, breathe, sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. BLACK LIVES MATTER. Your constituent, Mikayla Obispo 020-07-14 Agenda Pack-%ePage 337 of 46 Sheree Kansas From: Andrea Rivas Sent: Tuesday,June 09, 2020 9:25 AM To: John McCann;Jill Galvez;Steve C. Padilla; Mike Diaz Cc: Kerry Bigelow Subject: Say NO to an increased police budget! Warning:External Email Dear City Council Memebers, My name is Andrea Martinez,I am a resident of Chula Vista.In light of the most recent tragedies of George Floyd, Ahmaud Arbery,Breonna Taylor,and all of the countless murders of Black and Brown Americans that go unnoticed,it is apparent that the police are overfunded and are not held accountable for their misconduct and misuse of force. Chula Vista's proposed budget for Police makes up 28%of the overall General Fund for 2021.This is not only extreme;it is also VERY alarming that Chula Vista's elected officials DO NOT hold the well-being of their constituents,their community,at the highest level of importance as they should,due to the proposed over funding of the Chula Vista Police Department. The Police budget for 2021,has almost doubled from 2020)s$4,403183 to$8,210,211.There is$470,00 budgeted towards Police supplies,uniforms,computers,and other equipment,and$939,057 that is on the agenda to be put towards purchasing 22 Ford Police Interceptor vehicles under PO#2201746.All while our public libraries are outdated and understaffed,our parks are unable to be maintained properly due to lack of necessary resources and minimal staffing. Chula Vistan's are living on the streets,and resources for marginalized communities lack proper funding,computers,supplies,and resources,which make up only a portion of the disparities amongst our communities of color.It is apparent that time and time again,our unique voices have been ignored,and what we need is NOT to increase police funding for a city of 272,202 that needs to be investing in it's communities and it's future. I ask that you decrease and reallocate the bloated budget for Police,and that you VOTE NO on the purchasing of an additional 22 Ford Police interceptors. I am hoping that with the current state of our city,THE COUNTRY,and the collective outcry from the community that you each see how important it is to invest in our community,in our people,our children,and all of us who eat, breathe,sleep,and live here in Chula Vista. We all have come together to demand that you DEFUND THE POLICE and FUND OUR COMMUNITY. FUND OUR FUTURE! Your constituent, Andrea Martinez 020-07-14 Agenda Pack-%ePage 338 of 46 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 1 , 2020 File IU: 20-0189 TITS RESOLUTION OF THE CITE"COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING APPLICATION FOR,AND RECEIPT OF, PERMANENT LOCAL HOUSING ALLOCATION GRANT FUNIS RECOMMENDED Council adopt the resolution. SUMMARY On February 26, 2020, the California Department of Housing and Community Development (HCI) issued Notice of Funding Availability (NOFA) for approximately 195 million under the Permanent Local Housing Allocation(PHLA)Crlant Prlogram. Funding can be used for the acceleration of affordable housingproducton and to facilitate compliance with the City of Chula V'ista's housing goals., This action requestsacceptance of the City's PLHA Plan and authorization to apply for the funds consistent with the Flan through this NOFA as an Entitlement Local Governmental Agency. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality pct (CEQA) and has determined that the activity is not a "Project" as defined under Section 1537of the State CEQA Guidelines because the action consists of an application that provides financial assistance to local governments for eligible housing-related pro jects and programs to assist in addressing the unmet housing needs of their local communities; 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 In 2017,the California Legislature passed senate Bill 2 Planning,Grants Program (SB 2),which established a permanent source of funding intended to increase the affordable:housing,stock in California.The program is funded by a$75 fee levied on certain real estate transactions and is expected to generate between$2501 and $300 million annually to be distributed among local jurisdictions throughout the State via a Notice of Funding Availability (NOTA). 1 . 0 0 1 P Ii1 2020-07-14 Agenda Packet, Page 339 of 468 On February 26, 2020, HCIS released a NOFA for the PHLA Grant Program (SB2,) which provides funding to jurisdictions to further its affordable housing production and to facilitate compliance with the City's housing goals. The City of Chula Vista is considered an entitlement jurisdiction and will receive this funding for the next five years,though an application process is required. After submittal of the application for funding,the City is eligible to receive funding that may be used on a variety of eligible housing-related programs and activities consistent with its plan for the use of the PLHA funding over a five-year period (THLA Plan", see Attachment 1) . Staff is recommending that this funding be used for the following three eligible programs and activities: Funding;Priority 1.-, Provide funding for the operation of a Bridge Shelter. The 2020 Point in Time Count demonstrated that in the City of Chula Vista there are a total of 313 individuals experiencing homelessness, both sheltered and unshelterled. These numbers are representative of the information that volunteer's were able to gather through visual counting and interviewing. The City in partnership with social service organizations will better be able to provide resources and assist these residents through a bridge shelter program. Services will be centralized to be able to meet clients where they are instead of having them go to individual service providers. The City of Chula Vista was recently awarded$4 million in Federal Emergency Solutions Grant (Estes) funds to address the impacts of COVID-19. With the ES,G funding available, funding for the operation of the Bridge Shelter will likely occur in years 3 through 5. Fundine Prioritv 2: Pre-development and/or gap financing for the acquisition and development of rental propertyforuse as permanent supportive housing fear persons atorbelow 30 percent of the area median income AMI). Permanent Supportive Housing (PSH) is a model that combines low-barrier affordable housing and supportive services to help individuals and families lead more stable lives. PSH typically targets people and households at or below 30 percent of the area median income. Typically,these are our homeless or otherwise unstably housed who experience multiple barriers to housing and are unable to maintain housing stability without supportive services. PSH could assist the 9,726 Chula Vista households (12 percent of households) living below the Federal Poverty Line of$,24,600 annual income. While shelters provide a level of congregate housing for our homeless or those falling into homelessness, the ultimate housing solution is to provide housing stability through the provision of permanent housing. Funding Priority 3-., Provide afunding mechanism to provide loans for homeowners who wish to construct an accessory dwelling unit to be occupied for very low-income person(s). The population of the City of Chula Vista is expected to grow 40 percent from 2,010-2050. With 44 percent of our households living below the median income,market housing prices at$2,000 a month for a 2-bedroom apartment, stretches their ability to afford rent while still paying for basic living expenses of health care, transportation,food and childcare. There is currently not enough housing stock to accommodate this need. While land expansion is limited, there is opportunity for building within existing lots and providing affordable housing opportunities. By focusing some of the funding on accessory dwelling units, and permanent supportive housing, the City will be able to meet the needs of all residents and set the tone for future housing opportunities. P 2 2020-07-14 Agenda Packet, Page 340 of 468 Conclusi'on: The use of PLICA funds for these proposed activities allows the City to leverage its other funding resources such as CDBG,, CDBG-CARES, HOME, ESG, ESG CARES 1 and E,SG CARES 2. Staff has experience leveraging these funds to achieve housing goals and prioritize the needs of Chula Vista residents., Year 1 funding allocation is estimated at$1,059,483. Total funding years (1-5) is estimated at$5 million and will be based upon annual applicable real estate transactions. 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. CURRENT-YEAR.FISCAL IMPACT" If awarded the grant from the California Department of Housing and Community Development PLHA program,staff will return to Council to accept and appropriate these funds. ONGOING FISCAL IMPACT There is no ongoing fiscal impact.If the grant is successful, PL,HA may provide program administration costs of up to 5 percent. In addition,the grant provides funding for City staff costs that are needed to carry out the proposed activities. X'"I'TACHMENT 1. Permanent Housing Allocation Plan Staff Contact:Dania Gonzalez,Development Services Department P 3 2020-07-14 Agenda Packet, Page 341 of 468 RESOLUTION NO. 2020- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PERMANENT LOCAL HOUSING ALLOCATION GRANT FUNDS WHEREAS, the California apartment of Housing and Community Development ("Department") is authorized to provide up to $195 million under the SB2 Permanent Local Housing Allocation Program Formula Component from t Building Homes and Jobs Trust Fund for assistance to cities and counties as described in California Health and Safety Cade sections 50470, et,seq.. (Chapter 364, Statutes of 2017) ("DB2"); and WHEREAS,.... the Department issued a Notice of Funding Availability " CFA." , dated February 26, 2020, under the PLHA Program; and. WHEREAS, the City of Chula Vista ("Applicant") is an eligible local government applying for the Program to administer one or more eligible activities, and.. WHEREAS.... the Department may approve funding allocations for the PLHA Program., subject to the terns and conditions of the Guidelines,l`OFA,Program requirements,the standard Agreement and.other contracts between the Department andLIHHHHA grant recipients; and WHEREAS,.... the Applicant made the Permanent Local Housing Allocation Plan available for public comment from May 29, 2020 through Jure 12, 2020; and WHEREAS, no public comments is were received during the public comment period; and WHEREAS,residents and other parties may still provide comments,until such time of the City Council's virtual meeting on July 14, 2020 per the City's adopted procedures for such meetings; and WHEREAS, any additional public comments, if received by or during the July 14, 2020 City Council meeting, will be incorporated into the final PLHA Plan.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby approves as follows.- SECTION 1. Accepts the PLHA. flan as presented as Attachment 1 to the agenda Statement and the City Manager is hereby authorized and directed to apply for and submit to the Department the Application package, on behalf of the City of Chula Vista("City"or"Applicant"); SECTION 2. If Applicant receives a grant of PLHA funds from.the Department pursuant to the above referenced PLHA N FA, it represents and certifies that it will use all such funds in a manner consistent t and in compliance with all applicable state and federal. statutes, rules, 2020-07-14 Agenda Packet, Page 342 of 468 Resolution No. Page 2 regulations,and laws,including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department. SECTION 3. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the currentNOFA $1,059,483 in accordance with all applicable rules and laws. SECTION 4. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department. SECTION 5. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), "entity" means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation. SECTION 6. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest. SECTION 7. Pursuant to Applicant's certification in this resolution,the PLHA funds will be expended only for eligible Activities and consistent with all program requirements. SECTION 8. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C). SECTION 9. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the City shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a City-ap�proved underwriting of the Project for a term of at least 55 years. SECTION 10. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department. SECTION 11. The City Manager is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate. 2020-07-14 Agenda Packet, Page 343 of 468 Resolution Q. Page 3 Presented by Approved as to form by Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2020-07-14 Agenda Packet Page 344 of 468 §302(c)(4) lan Rev.2126120 §302(c)(4)(A)Describe the manner in which allocated funds will be used for eligible activities. The City of Chula Vista is proposing 100%of its PLHA funding towards housing opportunities for those earning up to 50 percent of the San Diego County Area Median Income(AMI) through three types of activities in order of priority as follows: 1)Funding of a minimum 50 bed with a capacity of up to 150-(beds low barrier Bridge Shelter;2)Pre-development and/or gap financing for the acquisition and development of rental property for use as permanent supportive housing for persons at 30%or less of the AMI for an affordability term of 55 years;and,3)to begin a new program to provide loans for the construction of accessory dwelling units for persons at 50%or less of the area median income for a minimum term of 20 years. In response to the City's declaration of a shelter crisis in 2018 and the current public health crisis of COVID-19,Chula Vista intends to prioritize its PLHA funding to fund in part the operation of a proposed Bridge Shelter that will provide an opportunity for those most vulnerable within the community safe and stable shelter. Since the City of Chula Vista is receiving ESO Cares funding,funding will be used first for permanent supportive housing and AEU's for the first two years;after this,the funding will be used for the emergency shelter. Chula Vista will continue to seek funding for other activities as described based upon leveraging and the most efficient and effective use of various funding sources that may be available at that time. Use of PLHA funds for this unmet housing need through beds in a Bridge Shelter,,permanent supportive rental housing,or ACUS §302(c)(4)(B)Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income(AMI). I PLHA funding will only be allocated to activities(e.g.homeless shelter,permanent supportive housing,ALUs for very low income households)seeking to benefit households that are homeless,at-risk of homelessness and those with household incomes at or less than 50%of the Area Median Income services and,as such,serving the homeless and those economically vulnerable households meets the requirement to prioritize investments that increase the supply of housing for households with incomes at or below 60%AMI. The City has experience in leveraging HOME funds and Housing Successor funds to support acquisition and rehabilitation and new construction projects serving households at 30% to 60%AMI that have been funded with tax credits,IMultifamily Housing Revenue bonds,State Multifamily Housing funds and other state and county funds.This existing plan will be utilized for administering PLHA funds as well.The City is currently in process of working with multiple potential projects that can be assisted with PLHA funds. The funding of homeless services and shelters and affordable housing requires the leveraging of multiple layers of financing. The City and its Housing Authority proposes to combine its available CNBC,EBG,HOME and remaining Housing Successor funds with PLHA funds to maximize the number of units that can be produced and services and beds available. §302(c)(4)(C)Provide a description of how the Plan is consistent with the programs set forth in the Local Government's Housing Element. As outlined within Chula Vista's 2013 Housing Element,Objective H-6 specifically calls for the City to"promote the development of a variety of housing choices,coupled with appropriate services,to meet the needs of special population groups,including the homeless,those"at-risk"of becoming homeless,persons with disabilities,and seniors."With over 312 homeless persons within Chula Vista as of the 2020 Point in Time Count and 68%of those being unsheltered and as further detailed within the Housing Element there is a significant gap of the number of unsheltered within the community and the beds available for the general population of homeless. Housing Element Program 1.1.4 calls for the City to"acquire and rehabilitate existing rental housing throughout the Northwest and Southwest planning areas of the City and set aside a number of the housing units for very low-income and/or special need households at affordable rents." Of Chula Vista's 5th Cycle RHNA goal,34%,is to serve extremely low and very low-income households at 50%of the AMI. A,efivilifies'',Detail I(Activities',Detail(Must Wk4,8 Selection on I IF I ormula Allocation App"icatjoh worksh:et under Eligible Activates,,§30,11))' I §301(a)(1)The predevelopment,development,acquisition,rehabilitation,and p�reservation of multifamily,residential live-work,rental housing that is affordable to extremelylow- ,very low-,low-,or moderate-income households,including necessary Operating subsidies. §302(c)(4)(E,)(i)Provide a description of how allocated funds will Ibe used for each proposed Affordable IRentall Housing Activity. The provision of affordable permanent supportive housing for those earning up to 30%of the AMI is consistent with the City's 2013-2021 Certified Housing Element.The City currently has a pipeline of proposed projects needing financial gap assistance.In leveraging its available Successor Housing funds,the Chula Vista Housing Authority is obligated to provide financial assistance to those households at 30%of AMI. One or more of current and upcoming projects can utilize PLHA funds. PLHA funds combined with City's existing HOME and Housing Successor funds will allow the City to continue to assist developers bring hundreds of new affordable units to the City,thereby Ibringling the City closer to meeting its IRHINA goals. Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 IPLHA alllocations.If a single Activity will be assisting households at more than one level of Area Median Income,please list the Activity as many times as needed to capture all of the AMI(levels that will be assisted,but only show the percentage of annual funding allocated to the Activity one time(to avoid double counting). Funding Allocation Year 2019 2020 2021 2022 20,23 §302(c)(4)(E)(i)Percentage of Funds Allocated for the 801% 801% Proposed Affordable Rental Housing Activity §302(c)(4)(E)(ii)Area Median 30,% 30,% TOTAL Income Level Served §302(c)(4)(E)(ii)Unmet share 3068 30,68 of the RHNA at the AMI Level PLHA 2020-07-14 Agenda Packet, Page 1 Page 345 of 468302(c)(4)Plan 302(c)(4)(E)(11)Projected Number of Households Served 25 25 50 §302(c)(4)(E)(iv)Period of Affordability for the Proposed Affordable Rental Housing i 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years Activity(55 years required for rental(housing projects) 302(c)(4)(E)(ii)A description of imajor steps/actions and a proposed schedule for the implementation and completion of the Activity. It is anticipated that 100%of the PHLA will be allocated towards operation of the(bridge shelter as the City's first priority for the five-year period covered under this Plan or until such time as other funding resources become available. Should the City's priorities shift away from funding of the Shelter,a competitive NOFA for the development of affordable permanent supportive rental housing projects for 30%AMI or below will be issued for six.weeks.A two-weep review period will immediately follow,where highly qualified City staff will review all proposals,and the most successful project will be identified.Selected projects must demonstrate that they have the capacity to secure other funding sources(i.e.tax credits,county funds,state funds,etc.).The Chula Vista Housing Authority will approve a loan to the selected developer who will then receive a commitment of PLHIA funds for the purposes of gap funding.When the developer has secured all necessary financing for a project,the City will enter into a Affordable Housing(Loan Agreement(residual receipts) §301(a)(2)The predevelopment,development,acquisition,,irehabilitation,,and preservation of Affordable r ntaland ownership housing,including Accessory Dwelling Units(AD Us), that meets the needs of a growing workforce earning up to 120 percent of AMI,or 150 percent of AMI in high-cost areas.ADUs shall be available for occupancy fora term of no less than 30 days. 302(c)(4)(E)(i)Provide a description of howallocated funds will be used for each proposed Affordable Rental and Percentage of Funds Allocated for Affordable {ownership Housing Activity. Owner-occupied Workforce Housing It is anticipated that 100%of the PH LA will be allocated towards operation of the(bridge shelter as the City's first priority for the five-year period covered under this Plain or until such time as other funding resources become available. Should the City's priorities shift away from funding of the Shelter,the City may seek to provide loans to homeowners for the construction and provision of accessary dwelling units(ADU)to those households at or below 50%of the AMI. The City will make funding available to homeowners on a first came first serve basis should they agree through the recordation of covenants on their property for a term of 20 years to(provide the ADU as affordable to and occupied by households at 50%of the AMI. The City and homeowner will enter into a Loan Agreement secured by a Deed of Trust and accompanied by a detailed Declaration of Covenants,Conditions and Restrictions to be recorded on title of the property and running with the land for the duration of the term. City staff will monitor construction until completion of construction.The City Complete the table bellow for each proposed)Affordable Rental and Ownership Housing Activity to be funded with 2010.2023 PLHA allocations. If a single Activity will)be assisting households at more than one level of Area.Median Income,please(list the Activity as manly times as ineeded to capture all of the AMI levels that will be assisted,but only show the percentage of annual funding allocated to the Activity one time(to avoid double counting).. Funding Allocation Year 20,19, 20,20, 2021 2022 20,23 Type of Affordable Housing ADU ADU Activity 302(c)(4)(E)(ii)Area Median 50% 50°I TOTALIncome Level Served 302(c)(4)(E)(ii)Unmet share 3063 3003 of the RHNA at AMI Level 302(c)(4)(E)(i)Percentage of Funds Allocated for Each 20% 20% Affordable(Housing Activity 302(c)(4)(E)(ii)Projected Number of Households Served 2 2 4 RLHA 2020-07-14 Agenda Packet Page 2 Page 346 of 468302(c)(4)Plan §302(c)(4)(E)(iv)Period of Affordability for the Proposed Activity(55 years required for 20 20 rental housing projects) 302(c)(4)(E)(Iii)A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project. Chula Vista will be adopting its ADU ordinance by the Fall 2020. To reduce barriers,in the coming year,City staff will analyze the County of San Diego's and other jurisdiction's accepted design plans for ADUs for acceptance by the City for streamlining. Within the next year,staff will monitor the demand for ADU development,financing available to homeowners,and analyze potential(properties within the City meeting the development critieria. In the next 2-3 years,staff will develop a financing program to assist those homeowners willing to provide housing for very low income(households,should the program be deemed to be beneficial to both parties. 301(a)(3)Matching(portions of funds placed into ILocal l or Regional Housing Trust Funds. §301(a)(4) Matching(portions of funds available through,the Low-and Mlodberate-Income Housing Asset Fund pursuant to subdivision(d)of HSC Section 34176. 301(a)(5)Capitalized Reserves for Services connected to the Ipreservation and creation of new permanent supportive housing. §301(a)(s)Assisting Ipersons who are experiencing or At risk of homelessness,including,but not limited to,providing irapid rehousing,rental assistance,supportive/case management services that allow people to obtain and retain housing,operating and capital costs for navigation centers and emergency shelters,and the new construction, rehabilitation,and preservation of permanent andtransitionalll housing. 302(c)(4)(IE)(i)Provide a description of(how alllocated funds will be used for the proposed Activity. It is anticipated that 100%of the PUHA will be allocated towards operation of the(bridge shelter as the City's first priority for the 5-year period covered under this Plan or until such time,as other funding resources become available.The Chula Vista Bridge Shelter will offer a safe and dignified place for adult men and women experiencing homelessness to receive bridge housing,emergency shelter,and appropriate services needed while preparing for(permanent housing placements using the Housing First model. Chula Vista will begin with 50(beds,but with a maximum capacity of 150 beds,lin a sprung structure providing not only housing but wrap,-around support services necessary to move guests forward towards self-sufficiency and healing by providing strategic(pathways and interventions. Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations..If a single Activity will be assisting households at more than one level of Area Median Income,(please lust the Activity as many times as needed to capture all of the AMI levels that will be assisted,but only show the percentage of annual funding allocated to the Activity one time(to avoid double counting). Funding Allocation Year 2019 2020 2021 20,22 20,23 Type of Activity for Persons Experiencing or At Risk of CD Homelessness E co E co E co W w w 302(c)(4)(E)(i)Percentage of Funds Allocated)for the 100% 1010% 1010% Proposed Activity 302(c)(4)(E)(ii)Area Median Income Level Served 30% 301% 301% TOTAL 302(c)(4)(E)(ii)Unmet share N/A N/A NIA a of the RHNA at AMI Level 302(c)(4)(E)(ii)Projected 0 50 50 150, Number of Households Served Pl_HA 2020-07-14 Agenda Packet Page 3 Page 347 of 468302(c)(4)Plan §302(c)(4)(E)(iv)Period o Affordability for the Proposed Activity(55 years required for rental housing projects) 302(c)(4)(E)(ii)A description of(major steps/actions and a proposed schedule for the implementation and completion of the Activity. On(May 12,2029,Chulla Vista accepted the use of a Sprung structure from the Lucky Duck Foundation and formerly used by the City of San Diego for Bridge Shelter. Additionally, Council approved the use of CAFES funding of$1.8 million to be used for off and on-site improvements and ramp up costs for the shelter. It is further anticipated that remaining HEAP funds of$200,000 may also be available. 100%of Chula Vista's PILHA will partially fund operation of the shelter.The City will leverage other funding sources(e.g.HEAP, Successor Housing,HHAP,etc)to fully fund the shelter's operation. A request for proposals for the operator of the shelter will be issued in the Summer of 2020. All(necessary on and off-site improvements are currently in design. Chula Vista anticipates the opening of the shelter by this Winter for the cold wet months and to serve as potential shelter for the most vulnerable should the region see a resurgence of+CO IID-19. §301(a)(7)Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities,,lincluding,bust not limited to,down payment assistance. i i i §30�1(a)(1 0)Filscal uncelntAes madle by a county+to a city with ilni the county to incentivize approval)of one or more affordable housung Prolects,or matchiing fulnds univeted by a+county in an affordable housing develoment Project in a city within the county,provided that the city has made anequal or greater investment in the ProPiect.The county fiscal incentives . . shall Ibe in the form of a rant or low-interest loan to an affordable housing Project.Matching funds investments b both the coon and the cit also shall be a rant or low-)interest g g g y y g deferred loan to the affordable housing Project. , 3 2(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the File Name.. Plan Adoption Local jurisdiction and that the public had an adequate opportunity to review and Attached and on USB" Yes comment on its content. PiLHA 2020-07-14 Agenda Packet Page 4 Page 348 of 468302(c)(4)Plan zmr, ..' l v r r IN III til C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA July 14,2020 File ID: 20-0248 „MITI ORDINANCE OF; THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 337AND AUTHORIZING TIAL LEVY of A SPECIAL TAX IN IMPROVEMENT AREA No. 2 of COMMUNITY FACILITIES DISTRICT No. 16-I (MILLENIA) URSUANT To ANA ENDED RATE AND METHOD of APPORTIONMENT THEREOF (FIRST READING) ACTIONRECOMMENDED " Council place the ordinance on first reading. SUMMARY On February 18, 2020, Council adopted the following two resolutions related to Improvement Area No. 2 of Community Facilities District No. 16-1 (Millenia) ("CFI No. 16-1" or"the District"): 1. Resolution No. 2020-029 authorizing the submittal of proposed changes to the Rate and Method of Apportionment of Special Taxes for Improvement Area No. 2 ("Amended Improvement area No. 2 RMA"); and . Resolution No. 20,20-030 declaring the results of a special election in Improvement Area No. 2 and determining that the Amended Improvement Area No. Z RMA is lawfully authorized. The changes to the Amended Improvement Area No. 2 RMA include revision of special tax rates within different portions of Improvement Area No. 2.The recommended action on tonight's agenda will be the final step to accommodate the proposed changes and will allover the City to levy the special taxes within in Improvement:Area No. 2 pursuant to the Amended Improvement.Area No. 2 RMA.The City has retained the services of Spicer Consulting Group (SCG) as special tax consultant and Best Best and Krieger LIP (BBI ) as legal counsel to oversee the proceedings. 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 defied 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 ectal review is required. BOARD/COMMISSION/COMMIT"'T"EE RECOMMENDA"rION Not applicable. 1 . 0 0 1 P Ii1 2020-07-14 Agenda Packet, Page 349 of 468 DISC'USSION The City Council adopted Resolution No.2016,-184 on September 13,2016 to form and establish CFD No., 16- 1,including Improvement Area No. I and Improvement Area No.2. On September 23,2016,the City recorded the Notice of Special Tax Lien for the District. The recorded boundary map,which shows,the location of CFD No. 16-1, Improvement Area No. 2, including Zones A and B is provided as Attachment 1. In August of 2019, SLV IV-Millenia, LLC (the "Developer") initiated discussions with the City requesting changes to Improvement Area No. 2. Specifically, the proposed changes included (1) the removal of commercial-retail lots located near the Optima Street intersections with Montage Avenue and Orion Avenue within Zone A and (2) revision of residential special tax rates in Zone B, implementing a per-acre rate for both residential and non-,residential uses.The changes were made to reduce the special tax burden on retail development in Improvement Area No. 2, to provide certainty on expected special taxes for bonding purposes, and to avoid discouraging any future proposal of for-rent residential development in Zone B. On January 7, 2020, Council adopted Resolution No. 202,0-001. This resolution approved and adopted the amended boundaries of Improvement Area No. 2; authorized the execution of an Amended Advance Deposit Agreement; and declared Council's intention to consider the Amended Improvement Area No. 2 RMA. Resolution.No. 2020-001 also provided notice of a public hearing on February 18,2020 to consider approval of the Amended Improvement Area No. 2 RMA and established procedures for a vote of qualified electors on the Amended Improvement Area No. 2 RMA. The next step in the change proceeding was completed on February 18, 2020, when Council adopted resolutions authorizing the submittal of the Amended Improvement Area No.2 RMA to the qualified electors, declaring the results of a special election,and determining that the Amended Improvement Area No. 2 RMA is lawfully authorized.The final step is to adopt an ordinance authorizing the levy of special taxes pursuant to the Amended Improvement Area No.2 RMA. While this action is typically done concurrently with the two resolutions that were adopted on February 18, 2020, staff deferred this action until San Diego County finished assigning Assessor's Parcel Numbers to the newly-created parcels,which has now been completed. DECISIOM-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet oft e boundaries of the property which is the subject of this action.Consequently,this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov't Code §8,7100,etseq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT In the current year, all costs associated with the change proceeding (including staff time and consultant services) are covered by Developer funds which have been deposited in accordance with the Amended P 12 2020-07-14 Agenda Packet, Page 350 of 468 Advance Deposit Agreement. The City will recover the full cost of staff time expended in District administration activities for the entire term of the special tax,resulting in no net fiscal impact to the General Fund or Development Services Fund. ONGOING FISCAL IMPAC'I" In future years,the City will recover the full cost of staff time expended in administrative for the entire term of the,special tax, resulting in no net fiscal impact to the General Fund or Development Services Fund. ATTAC14MENTS 1. CFD No. 16-1 Amended Improvement Area No. 2, Recorded Boundary Map, Staff Contact:Scott Barker, Transportation Engineer P 3 2020-07-14 Agenda Packet, Page 351 of 468 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 3375 AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 16-1 (MIE:L IIIA) PURSUANT TO AN AMENDED RATE AND METHOD OF APPORTIONMENT THEREOF WHEREAS, the City Council (the "City Council") of the City of Chula Vista (the "City"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in separate improvement areas of a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2,, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This community facilities district is designated as Community Facilities District No. 16-1 (Millenia) (the "District") and the improvement areas therein are designated as Improvement Area No. I and Improvement Area No. 2 (each, an "Improvement Area" or, collectively, the "Improvement Areas"); and WHEREAS, the City Council, acting as the legislative body of the District, previously enacted Ordinance No. 3375 to authorize the levy of special taxes within each Improvement Area pursuant to a separate rate and method of apportionment applicable to each respective Improvement Area; and WHEREAS, the City Council has subsequently modified the boundary of Improvement Area No. 2 as shown on the amended boundary map of Improvement Area No. 2 and assessor's parcel list, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, the City Council has subsequently initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors of Improvement Area No. 2 authorizing the levy of special taxes therein pursuant to an amended and restated rate and method of apportionment thereof (the "Amended Rate and Method"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference; and WHEREAS, it is necessary for the City Council, to enact an ordinance to amended Ordinance No. 3375 to enable the District to levy special taxes within Improvement Area No. 2 pursuant to the Amended Rate and Method. 'THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 16-1 (MILLENIA), DOES HEREBY ORDAIN AS FOLLOWS: 2020-07-14 Agenda Packet, Page 352 of 468 SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in Improvement Area No. 2 of the District pursuant to the Amended Rate and Method. SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within Improvement Area No. 2 for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Amended Rate and Method. SECTION 3. The special taxes herein authorized to be levied within Improvement Area No. 2, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its, financial obligations. SECTION 4. The special taxes authorized to be levied within Improvement Area No. 2 shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special taxes. The lien of the special taxes shall continue in force and effect until the special tax obligation is prepaid,, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall 'be effective upon its adoption, pursuant to Chula Vista City Charter section 312(d)(3). Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Chula Vista's City Charter, Section 312(b). Presented by Approved as, to form by Kelly G. Broughton, FA LA Glen R. Googins Director of Developmental Services City Attorney 2 2020-07-14 Agenda Packet, Page 353 of 468 EXHIBIT A IMPROVEMENT AREA NO. ASSESSOR'S PARCEL NUMBER LISA' 6430606900 6430651800 6430651900 6430652100 A. - 1 2020-07-14 Agenda Packet Page 354 of 468 m PRO", 1111101111 imim.m PROPOSED AMENDED,BOUNDARYMAP OF 34EET 11 IX"i S%KEIET COMMUNITY FACILITIES DISTRICT NO,. 164 I HEREP CERTIFY THAT THE W11HIN MAR SHCWI-NG PRDPOSE�D v ' (MILLENIA) THIS,WGUNOARY MAP AMENDS SHU"T 2 OF 7 OF PPROPOSUD 001UNOAXIVi 0;' ' I COMMUNITY fACIOVEs DISTRV NiO� 164 'WW'N0,AA1ES 'Of COMMUN,,41 ' FAVO(JE 5 0�t,�mN"U"114-4 , CrTy, or, CULA I' A, couwy, CT CIT,Y OFCHULA VISTA, tN%LLF1N1A,')C1TV Of ClIUILA VISTA.COVIN 1Y Of SAN D4EGC,,SIAM SAN 01*W, STATE 0� CAAJF09m1,,,A,, WAS APPAQW0 BY T14E COUNTYOF'SAN DJEG0,,STATE'01F CALIFORNIA �Of CALIFORNIA FILED ON AUGUST 11,20,16 IN BOOK 4�6 OF CITY COUNCIL O,F THIE CAY OF" CHOLA ViSTA, AT, A REGULAA MAP,5QFAS5f$$,MEINTAN,0, COMMUMTY FAC111TIF 0,01'r Irtt I Ll 5 5 K411)(111%,THEREOF,HW)ON, A11PAGE 3 AS DOCUMMEN1 Fly FUS01JUTION N1101" lk(K�E, I"$H"El"t BY MA01f,TO TAt CM OF C4 U411A, 1 A, Vr 'TRACT 0,0,0�INIG,M.0$At JWAUS QL AND ft,YK CIPPICIAL 4 Ali F THE Co VINT If Of $A Diltri OF A, STATE ALIFORNIA, AS DMUMAEN1 40. 10,94=481 FOR A CaN HERK C CM OF°C,HULA VISTA D(SCRIPIT10,441 DF 'I RE LINES AND DM E N5 IarkON'S 0F, N't tl rHE-it PARCI!15111*10 rAID 114 T41E,OFfICE Of WE CITY CLERK,Q1Y UVCHULA,VIST4, TIN411S DAY 00 ojjnWq,20_jj�� T CD, C 1�C t�X CITY'Of C14ULA W."STA 'im Arar f d 7K H10fUJIR, Uf 10,41,1, 0�`QOcx m,,,, K�=, PAG( OF MAP$Of ASSESSMENT AND COMWINIT"Y jo I "Ids, NTY F 19W, rACIVIVES, DISTRACTS IN THE OTF110E If 74( Cou RECOADEIR, IN 7`41C COUNTY Of SAN DIF60, STA71 �OF r17 j , I�J p 9"Ne,�. m"p jo NIPPON I "Wr WIVIVEW.*t XtWtpCi,*CA po 41 "Y 4, CALIMANIA. 'Fe I,10 I is, 4"," r 000 110 lIl/ 0/ "Pol, row SIN NAKU writ k F FU 4 43'00' 71M W"00 N %0110,eoll ST 1, 04"ONENSUR4, JR,,, AUESSOIRI,� RECORDER, IN COUNTYCAAK 'IA SO "'Vio"o ..........--_- ol DEPUTY 6 P, OF liv, qi 'F/ XXX,,WK-XAA* Al"USSM"At, W*W ......... WON k as o ".%, 116 *k FF,4 w`IIw0l At, dry 4�I MAPf REFEREWCE NO, ASSESSOR PARCEL NO LOT NO.IfFINAL WV 643110%1_8911 LOT'19 OF 1%"7 jfFCRTK)N L0 T I CW FWAL MAP,NC 16,38C` 3,W-00,�PIOR TIM) LOT 40F FHAL MAP N10 if 164,30*,62 LOT 12 Wo'Fflft M*NO,, U71(fiM LOT 13 OF FINIAL MAP NO 10,181 004'OnLIWAKY MAP Cbl 1FW,,,,CT1,Y&WWS'rWr­,,6041141"*5 Of (MCU)MMIlkirrY FACUTIES 011STRIC1, iAOR DETMA TfW UK$ umt"M, 03 OP LOTS 04� w E f%9ZEL REF UR TO Thf cxxomlAsmCm- Rs MAPS f(AR, 4� 3175, 750 t15"Fool + ING I I,"vim W"1110-201 Ph" ­110 W! I P'G Gi 2 02 0- 00,0009 A - 2 2020-07-14 Agenda Packet, Page 355 of 468 EXHIBIT I1 AMENDED ANIS RESTATED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 16-1 MIL ENIA IMPROVEMENT AREA NO. A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement Area No. 2 of Community Facilities District No. 16-1 l Iillen a) ("IA2") and collected each Fiscal Year commencing in Fiscal Year 201 -20, in an amount determined by the CFD .Administrator through the application of the procedures described below. All of the real property within IA2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parol as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final. Map. An Acre means 43,560 square feet of land. If the preceding naps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1.982, as amended, being Chapter 2.5 of Dart 1 of Division 2 of Title 5 of the Government Code of the State of California. "ACministrative Expense requirement" means an annual amount equal to $75,000, or such lesser amount as may be designated by written instruction from an authorized representative of the City to the Fiscal Agent, to be allocated as the first priority of Special Tapes received each Fiscal Year for the payment of Administrative Expenses. "ACministrative Expenses" means the following actual or reasonably estimated costs related to the administration of I.A2 including, but not limited to: the costs of preparing and computing the Annual Special Tax (whether bar the City or designee thereof or both), the costs of collecting the Special Tapes (whether by the City, the County or otherwise), the costs of remitting the Special Tapes to the Fiscal Agent, the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No.. 16-I, or any designee thereof complying with arbitrage rebate requirements, including without limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 16-1, or any designee thereof complying with disclosure or reporting requirements of the City or CFD No. 16-1, associated with applicable federal and State laws, the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD No. 16-1, or any designee thereof related to an appeal of the Special Tax, and the City's annual administration fees and third party expenses. Administrative Expenses shall. also include amounts estimated or advanced by the City or CFI No. 16-1 for any other administrative purposes of CFD No. 16-1, including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes. - 1 2020-07-14 Agenda Packet, Page 356 of 468 "Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel. "Assessor" means the Assessor of the County of San Diego. "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means the number assigned to an Assessor's Parcel by the County for purposes of identification. A a 44 ASsi I gned Special Tax" means the Special Tax of that name described in Section 3.A below. "Backup Special Tax" means the Special Tax of that name described in Section 3.B below. "Bonds" means any bonds or other debt of CFD No. 16-1 issued or incurred for IA2, whether in one or more series, secured by the levy of Special Taxes. "Building Permit" means a building permit for construction of a Residential Unit or non-residential structure within IA 2 issued by the City. "Building Square Footage" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by the CFD Administrator by reference to the Building Permit s) issued for such Assessor's Parcel and/or by reference to appropriate records kept by the City. Building Square Footage for a Residential Unit will be based on the Building Permit(s) issued for such Residential Unit prior to it being classified as Occupied Residential Property, and shall not change as a result of additions or modifications made to such Residential Unit after such classification as Occupied Residential Property. ",Calendar Year" means the period commencing January I of any year and ending the following December 3 1. "CFD Administrator" means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. ",CFD No. 16-1" means the Community Facilities District No. 16-1 (Millenia). "City" means the City of Chula Vista, California. "City Council" means the City Council of the City acting as the legislative body of CFD No. 16-1 under the Act. B - 2 2020-07-14 Agenda Packet, Page 357 of 468 "Condominium" means a unit, whether attached or detached, meeting the statutory definition of a condominium contained in the California Civil Code Section 4285. "County" means the County of San Diego, California. "Debt Service" means for each Fiscal Year, the total amount of principal and interest payable on any Outstanding Bonds during the Calendar year commencing on January 1 of such Fiscal Year. "Developed enveloped Property" means for each Fiscal Year, all Taxable Property, exclusive of Provisional Property, for which a Building Permit was issued prior to March l of the previous Fiscal Year. An Assessor's Parcel classified as Developed Property but for which the Building Permit that caused such Assessor's Parcel to be classified as Developed Property has been cancelled and./or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property, provided that the lever of the .Annual Special Tax after such reclassification shall not be less than 1.1 times the annual Debt Service less Administrative Expenses on all outstanding Bonds. If Bonds have not been issued., an Assessor's Parcel classified as Developed Property for which such a Building Permit has been cancelled and/or voided shall be reclassified as Undeveloped Property, "Development Agreement" means that certain Development Agreement by and between the City of Chula vista and McMillin illin Otay Manch LLCM adopted October 6, 2009 and. recorded with the County of San. Diego'sRecorder's office can October 27, 2009 as Document Number 2009-0595116, as may be amended ani./or supplemented from time to time. "Exempt Property" means for each Fiscal Year, all Assessor's Parcels designated as being exempt from Special Taxes pursuant to Section 5 below. "Final Map" means a subdivision of property by recordation of a ficial map, parol map, or lot line adjustment, pursuant to the Subdivision Map Act (California. Government Code Section 6,6,410 et seq or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without farther subdivision. "Fiscal Year" means ns the period starting on July 1 and ending the following June 30. "Fiscal Agent" means the fiscal agent, trustee, or paring agent under the Fiscal Agent Agreement. "Fiscal Agent Agreement" means the fiscal agent agreement, indenture, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "IA2" means Improvement Area No. 2 of CFD No. 16_1.. "Land Use Class" means any of the classes listed in Table 1 or 2 under Section 3A below. Note: Land Uses Class is not in reference to a property's zoning designation. "Lot(s)" means an individual legal lot created by a Final Map for which a building permit for residential construction has been or could be issued. fNotwithstanding the foregoing, in the case of an individual legal lot created by such a Final Map upon which. Condominiums are entitled to be developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable B - 3 2020-07-14 Agenda Packet, Page 358 of 468 to such Final Map shall equal the number of Condominiums which are permitted to be constructed on such legal lot as shown on such Final Map. "Master Developer" means SLF IV-Millenia, LLC or its successors or assignees as defined in the Development Agreement. Maximum Special Tax" means for each Assessor's Parcel, the maximum Special Tax, determined in accordance with Sections 3.0 and 3.D below, which may be levied in a given Fiscal Year on such Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more non-residential units or structures. "Occupied Residential Property" means all Assessor Parcels of Residential Property for which title is held by an end user (homeowner). "Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Fiscal Agent Agreement. "Prepayment Amount" means the amount required to prepay the Special Tax Obligation in full for an Assessor's Parcel as described in Section KA below. "Property Owner Association Property" means any Assessor's Parcel within the boundaries of IA2 owned in fee by a property owner association, including master aster or sub-association. "Prop o rti on ately" or "Proportionate" means for Developed Property, that the ratio of the actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special, Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property. "Proportionately" may similarly be applied to other categories of Taxable Property as, listed in Section 3 below. "Provisional Property" means all Assessor's Parcels of Public Property, Property Owner Association Property or property that would otherwise be classified as Exempt Property pursuant to the provisions of Section 5, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in Section 5. "Public Property" means any property within the boundaries of IA2, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. "residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more Residential Units. "Residential Unit" means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental, separate from adjacent residential dwelling units. B - 4 2020-07-14 Agenda Packet, Page 359 of 468 "Special Tax" means any special tax levied within IA2 pursuant to the Act and this Amended and Restated Rate and Method of Apportionment of Special Tax. "Special Tax Obeli gation" means the total obligation of an Assessor's Parcel of Taxable Property to pay the Special Tax for the remaining life of IA2. "Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay regularly scheduled Debt Service on all Outstanding fonds; (11)pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (Iii)pay Administrative Expenses; (iv),pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction of facilities provided that the inclusion of such amount does not cause an increase in the Special Tax to be levied on Undeveloped Property; and (vi) pay for reasonably anticipated delinquent Special Taxes based on (a) the average delinquency rate for special taxes, levied in the previous Fiscal Year in all community facilities districts within the portion of the City commonly known as Otay Ranch for the first Fiscal Year in which Special Taxes, are levied and (b) the delinquency rate for Special Taxes levied in the previous Fiscal Year within I. for all subsequent Fiscal Years in which Special Taxes are levied; less (vii) a credit for funds available to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD, which are not exempt from the levy of the Special Tax pursuant to law or Section 5 below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Provisional Property. "Zone A" means the specific geographic area designated as such within IAA and as, depicted in Exhibit A attached hereto. "Zone B" means the specific geographic area designated as such within IAA and as depicted in Exhibit A attached hereto. I LAND USE CLASSIFICATION Each Fiscal, Year,, beginning with Fiscal Year 2019-20, each Assessor's Parcel within IA2 shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property, Undeveloped Property or Provisional Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Amended and Restated Rate and Method of Apportionment of Special, Tax determined pursuant to Sections 3 and 4 below. Furthermore, each Assessor's Parcel of Developed Property shall be classified according to its applicable Land Use Class based on its Building Square Footage. For Assessor's Parcels of Non-Residential Property developed with Condominiums (e.g., office or industrial condos), the Acreage applicable to each such Condominium for purposes of levying Special Taxes shall be computed from the Acreage of the legal lot created by the Final Map upon which such Condominiums are entitled to be developed, with the Acreage of such lot allocated to each B - 2020-a 14 Agenda Packet, Page 360 of 468 Condominium on a pro-rata basis using the building square footage of such Condominium relative to the total building square footage of all Condominiums entitled to be developed on such lot. The determination of Building Square Footage for each non-residential Condominium shall be made by reference to the applicable Building Permit, and to the extent a Building Permit has not been issued for all Condominiums to be located on the applicable legal lot, the Building Square Footage attributable to any such Condominiums shall be determined from the recorded condominium plan, or applicable site plan, plot plan, or other appropriate records kept by the City as reasonably determined by the CFD Administrator. In the event the City takes ownership of a Condominium within IA2 and such property in all other respects meets the definition of Public Property as set forth in Section 1, such property shall be exempt from Special Taxes pursuant to Section 5. In the event a Building Permit is issued for one or more residential Condominiums prior to March I of the previous Fiscal Year and an Assessor's Parcel Number has not yet been assigned to each such Condominium for the current Fiscal Year, the applicable Assessor's Parcel may be classified as both Developed Property and Undeveloped Property. In such an instance, the Special Taxes levied on such Assessor's Parcel shall be the sum of the amount derived from the following (i) applying the Assigned Special Tax applicable to each Condominium for which a Building Permit was issued prior to March I of the previous Fiscal Year and (ii) levying the acreage allocable to such actual or planned Condominiums for which a Building Permit has not been issued prior to March 1. of the previous Fiscal Year as Undeveloped Property; the allocable acreage shall be computed on a pro-rata basis based on the relative number of remaining Condominiums to the total number of Condominiums entitled to be developed on such Assessor's Parcel. The total number of Condominiums entitled to be developed on the applicable Assessor's Parcel shall be determined from the recorded condominium map, condominium plan, applicable site plan, plot plan, or other appropriate records kept by the its as reasonably determined by the CFD Administrator. I SPECIAL TAX RATES A* Assigned Special Tax for Developed Property The Assigned Special Tax applicable to an Assessor's Parcel classified as Developed Property commencing Fiscal Year 2019-20 shall be determined pursuant to Table I or 2 below, as applicable. Table I Assigned Special Tax Rates for Developed Property within Zone A or Land UI se Land Use Building Square Ass"' n ed Class Type Footage Special Tax I Residential Property < 1,450 $1,443.24 per Residential Unit 2 Residential Property > 11450 $1,727.65 per Residential Unit Non-Residential 3 N/A367.25 $61 per Acre Property B - 2020-0 14 Agenda Packet, Page 361 of 468 Table 2 Assigned Special Tax Rates for Developed Property within Zone B Land Use Land Use Building Square A ss'ied gn uiass Type Footage Speciai t ax I Residential Property N/A $6 367.25 per Acre Non-Residential 2 / 367.25 per Acre NA $6� Property On each July 1, commencing July 1, 2020, the Assigned Special Tax for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. B. Backup Special Tax for Developed Property When a Final Map or a condominium plan is recorded within Zone A or Zone B the Backup Special Tax for Assessor's Parcels of Developed Property classified as, Residential Property sball be determined as follows: Zone A For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Map area in Zone A, the Backup Special Tax for Fiscal Year 2019-20 shall be the rate per Lot calculated according to the following formula: Zone A $42,148 x A B — ------------------------ L The terms have the following meanings.- B — Backup Special Tax per Lot A Acreage classified or to be classified as Residential Property in such Final Map. The land area applicable to a Condominium shall be computed from the Acreage of the Lot on which the Condominium is located, with the Acreage for such Lot allocated equally among all of the Condominiums located or to be located on such Lot. L For a Final Map, the number of Lots which are classified or to be classified as Residential Property. B - 7 2020-07-14 Agenda Packet, Page 362 of 468 Zone B For each Assessor's Parcel of Developed Property classified as Non-Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Non-Residential Property within the Final Maparea, the Backup Special Tax for Fiscal Year 2019-20 shall be determined by multiplying $42,148 for Zone A and $7,075 for Zone B by the total Acreage of any such Assessor's Parcel. For each Assessor's Parcel of Developed Property classified as Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property in Zone B within the Final Map area, the Backup Special Tax for Fiscal Year 2019-20 shall be determined by multiplying $7,075 by the total Acreage of any such Assessor's Parcel. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non-Residential Property or Undeveloped Property for which the Backup peclal Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the total amount of Backup Special Tax that would have been generated if such change did not take place. On each July 1, commencing July 1, 2020, the BackupSpecial Tax applicable to each Assessor's Parcel of Taxable Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year, C., Maximum Special Tax for Developed Property Each Fiscal Year, the Maximum Special Tax for an Assessor's Parcel of Developed Property shall be the greater of the applicable Assigned Special Tax or Backup Special Tax. D. Maximum Special Tax for Provisional Property and Undeveloped Property The Maximum Special Tax for Provisional Property and Undeveloped Property commencing in Fiscal Year 2019-20 shall be $4, ,,148 per Acre for Zone A and $7,075 per Acre for Zone B. On each July 1, commencing July 1, 2020, the Maximum Special Tax for Provisional Property and Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. E. Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such an Assessor's Parcel shall only be levied on the Residential Property Land Use Class located on such Assessor's Parcel. Y. Administrative Special Tax Reduction Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and Maximum Special Tax (collectively the "Special Tax Rates") on Taxable Property may be reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon the City's receipt of a written request from Master Developer and the CFD Administrator, the Special Tax Rates on Taxable Property may be reduced to a level which will provide not less than the sum of B - 2020-0 14 Agenda Packet, Page 363 of 468 estimated Administrative Expense Requirement and one hundred ten percent (110%) of the estimated debt service with respect to the amount of Bonds requested to be issued in such written request. If it is reasonably determined by the CFD Administrator that the total effective tax rate on Residential Property, as determined in accordance with the Development Agreement, exceeds the maximum level allowed in the Development Agreement, the Special Tax Rates may be reduced to the amount necessary to satisfy the maximum allowable effective tax rate requirement onResidential Property with the written consent of Master Developer, which consent shall not be unreasonably withheld, and the CFD Administrator. It shall not be required that reductions among each "Building Square Footage" range of Residential Property be proportional. Additionally, the "CFD Public Facilities Costs" amount in Section 8 shall be reduced commensurate with any reductions to the Special Fax Rates pursuant to this paragraph, as reasonably determined by the CFD Administrator. A certificate in substantially the form attached hereto as Exhibit "B" shall be used for purposes of evidencing the required written consent and effectuating the reduction to the Special Tax Rates. The reductions permitted pursuant tothis paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded. 4. METHOD OF APPORTIONMENT For each Fiscal Year, commencing Fiscal Year 2019-20, the CFD Administrator shall levy the Special Tax on all Taxable Property in accordance with the following steps: Step 1: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement; Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step I has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property; a Step 3. If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax amount determined in Step I shall be in Proportionately on each Assessor's Parcel of Developed Property up to 100% of the Maximum Special Tax for Developed Property; a Step 4. If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Provisional Property up to 100%, of the Maximum Special Tax for Provisional Property. Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor's Parcel, within IA2 by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. B - 2020-a 14 Agenda Packet, Page 364 of 468 5. EXEMPTIONS The CFD Administrator shall classify as Exempt Property (i) Assessor's Parcels of Public Property, (1i) Assessor's Parcels of Property owner Association Property, (iii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, and (iv) Assessor's Parcels with public or utility easements making impractical. their utilization for other than the purposes set forth in the easement, provided that no such classification. would reduce the sum of all Taxable Property in IA2 to less than 13.29 Acres for Zone A or 7.51 Acres for Zone B. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property in IA2 to less than. 13.29" Acres for Zone A or 7.51 Acres for Zone B, shall be classified as Provisional Property and will continue to be subject to the Special axes accordingly. Tax exempt status fort e purpose of this paragraph will e assigned by the CFTC Administrator in the chronological order in which property becomes eligible for classification as exempt Property. If the use of an. Assessor's Parcel of Exempt Property changes so that such Assessor's Parol is no longer classified as one of the uses set forth in the first paragraph of Section 5 above that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. 6. APPEALS Any landowner who pays the Special Tax and claims, the amount of the Special Tax levied on his or her Assessor's Parcel is in error shall first consult with the CFI Administrator regarding such error not later than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation the CFD Administrator determines that an error has occurred., then the CFD administrator shall tale any of the following actions, in order of priority, in order to correct the error: (1) Amend the Special Tax levy on the landowner's assessor's Parcel(s) for the current FiscalYear prior to the payment date, Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of available CFD funds, or (iii) Grant a credit against, eliminate or reduce the future Special Taxes on the landowner's Assessor's Parcel(s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the landowner believes such error still exists, such person may file a written notice of appeal with the City Council. Upon the receipt of such notice, the City Council or designee may establish such procedures as deemed necessary to undertake the review of any such appeal.. if the City Council or designee determines an error still exists, the CFI Administrator shall tape any of the actions described as (i), (ii) and (iii) above, in order of priority, in order to correct the error. The City Council or designee thereof shall interpret this Amended and Restated Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations B - 10 2020-07-14 Agenda Packet Page 365 of 468 relative to the administration of the Special Tax and any landowner appeals. The decision of the City Council or designee shall be final and binding as to all persons. 7. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii),Judicial foreclosure of delinquent Annual Special Taxes. 8. 'PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as, permitted under Government Code Section 53344. The following definitions apply to this Section 8: "CFD Public Facilities Costs" means 11,500,000 or such lower number as (i) shall be determined by the CFD Administrator as sufficient to acquire or construct the facilities to be financed under the Act and financing program for IA2, or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more Bonds (except refunding bonds). "Construction Fund" means the fund (regardless of its, name) established pursuant to the Fiscal Agent Agreement to hold funds, which are currently available for expenditure to acquire or construct the facilities or pay fees authorized to be funded by CFD No. 16-1 for IA2. "Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs previously paid from the Construction Fund to acquire or construct the facilities, (ii) monies, currently on deposit in the Construction Fund, and (iii) monies currently on deposit in an escrow or other designated fund that are expected to be available to finance CFD Public Facilities Costs. "Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year excluding Bonds to be redeemed at a later date with proceeds, of prior Special Tax prepayments. "Previously Issued Bonds" means all Bonds that have been issued prior to the date of prepayment. The Special Tax Obligation applicable to an Assessor's Parcel of Developed Property, or Undeveloped Property for which a Building Permit has been issued may be prepaid and the obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as described Derain, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay, and designate or B - 11 2020-07-14 Agenda Packet, Page 366 of 468 identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor's Parcel within thirty (30) days of the request, and may charge a reasonable fee for providing this service. Prepayment must be made at least 60 days prior to any redemption date for the Bonds to be redeemed with the proceeds of such prepaid Special Taxes, unless a shorter period is acceptable to the Fiscal Agent and the City. The Prepayment Amount (defined below) shall be calculated for each applicable Assessor's Parcel or group of Assessor's Parcels as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Prepayment Amount plus Defeasance Amount plus Prepayment Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: Step No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels, of Developed Property, determine the Maximum Special Tax. For Assessor's Parcels of Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor's Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total expected Maximum Special Tax revenue for IA2 assuming all Building Permits have been issued (build-out) within IA2, excluding any Assessor's Parcels for which the Special Tax Obligation has been previously prepaid. 4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds and round that number up to the nearest $5,000 increment to compute the amount of Outstanding Bonds to be retired and prepaid for all applicable Assessor's Parcels (the "Bond Redemption Amount"}. 5. Multiply the Bond Redemption. Amount computed pursuant to paragraph 4 by the applicable redemption premium (expressed as a percentage), if any, on the Outstanding Bonds to be redeemed at the first available call, date (the "Redemption Premium"). 6. Compute the Future Facilities Costs. B - 12 2020-07-14 Agenda Packet, Page 367 of 468 7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Prepayment Amount"). 8. Compute the amount needed to pay interest on the and Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the expected redemption date for the Outstanding Bonds which, depending on the Fiscal Agent Agreement, may be as early as the next interest payment date. 9. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Prepayment Amount and the Prepayment Administrative Fees from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 10. Subtract the amount computed in paragraph 9 from the amount computed in paragraph 8 (the "Defeasance Amount"). 11. Calculate the administrative fees and expenses of CFD No. 16-1 for IA2, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds to be redeemed with the prepayment, and the costs of recording any notices to evidence the prepayment and the redemption (the "Prepayment Administrative Fees"). 12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Fiscal Agent Agreement) on the prepayment calculation date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if, after the Prepayment Amount is calculated, reserve funds are below I OO�% of the reserve requirement after taking into account such prepayment. 13. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit")�. 14. The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 4,, 5, 7, 10, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the "Prepayment Amount"). 15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12 and 13 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to retire Outstanding Bonds or make Debt Service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by CFD No. 16-1. B - 13 2020-07-14 Agenda Packet, Page 368 of 468 The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Fiscal Agent Agreement to redeem Bonds to be used with the next prepayment of Bonds. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full, once the! CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the City Council shall cause a suitable notice to be recorded in compliance with the A4, to indicate! the prepayment of the Special Tax Obligation and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of the owner of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less the Administrative Expense Requirement that may be levied on Taxable Property, respectively, after the proposed prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. B. Partial Prepayment The Special Tax on an Assessor's Parcel of Developed Property or Undeveloped Property for which a Building Permit has been issued may be partially prepaid. Teamount of the prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be calculated according to the following formula: PP — (PF-A) x F+A These terms have the following meaning: PP —the partial,prepayment PE—the Prepayment Amount calculated according to Section 8.A F —the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax Obligation A—the Prepayment Administrative Fees and Expenses from Section 8.A The owner of any Assessor's Parcel who desires such partial, prepayment shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial. prepayment of the Special Tax Obligation for an Assessor's Parcel within sixty (60) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD No. 16-1 for IAA that there has been a partial prepayment of the Special Tax Obligation and that a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the Maximum Special Tax, shall continue to be levied on such Assessor's Parcel. B - 14 2020-07-14 Agenda Packet, Page 369 of 468 Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less the Administrative Expense Requirement that may be levied on Taxable Property, respectively, after the proposed partial prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. 90 'TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, but in any event not after Fiscal Year 2059-60. B - 15 2020-07-14 Agenda Packet, Page 370 of 468 EXHIBIT A l Ala. IISY%83 j— 65, 1%, J1 WL 4fA OJ CD uj IIA $1 IN 12y iv M J7 0 RAJ ,4 Z z 1 3 Zt LII 20 c" Um ft z a 16AA z 1,-, 11mrtm1 vC ;,4 -11 IC— I!z z z z C. 114 ird EZ ILL Fjj LL- LL- RZ ILL. I ILL N-u C) LLIMSD LLJ 8'�ej C' Lj. U 'E(3 I NA 7J LL L 0j -M KFiil p p 51 61 --j 10 NjJ kilr� U- rn ILL LLA L Lu LO lie LQ 12 ........... z LL 0 Eel IV, ............ Ot �Fil u e um, -�s � �;wY,.,, a:b pyla. f UY 'I A jo iW9d� � Irt i' jwlu ..�, ,��pllP rl ^ul�• ', KI i, Yll OF dr °UJI z nw tow O-Nh%> "X aN m y qmw U>Z Lu LU LA., uj Z Im LU z > u�ll u(6 w Z LLI Id, CL I N u it f 11 n 4: ILL ro mew U2 Lj III, II 7— lcwi� en Q'I III' ill V LIN 15) z MIL ra V5 ILL Iwoioo 1LAa,w �"w 1 1 Q 15 1 0 1 ', M 2 LJ E3 RAJ U,3:r :z LL 11 z I<11,:) Lp z cc 5 E III y�< 0. NO R.LLI &I 1121 LLJ I........... 15 LUR ta re, IN 'm au,I t7l, U LL' UA 116"mow p LL LL N.Jil SII LLV, ILL 11,10 a 10 LJ t P,6- U J ..60, a- Q, 4; 11A 3 Ali jj LL u-N �T R, 1,115,:g;n LA U U G u tr kill, Uld B 16 2020-07-14 Agenda Packet Page 371 of 468 EXHIBIT u "ITV OF CHULA VISTAANIS CFD NO. 16-1 CERTIFICATE 1. Pursuant to Section 3F of the Amended and Restated Rate and Method of Apportionment of Special. Tax (the "RMA"), the City of Chula Nista (the "City) and Community Facilities District No. 16-1 of the City of Chula Vista "CFD No. 16-1") hereby agree to a reduction in the Special. Tax for Developed Property, undeveloped Property, and/or Provisional Property: (a) The information in the RMA relating to the Special Tax for Developed Property, Undeveloped Property, and Provisional Property shall be modified as follows: [insert Table 1 anadlor 2 snowing revised Assineed Special Tax rates or Developed Property, insert revised Backup Special Tax rates. or Developed Property by,done, and insert chane to Maximum Special Tax rates or Undeveloped Property and Provisional Property by Zone] (b) The CFD Public Facilities Costs in Section 8 shall be changed to 2. Special Tax rates for Taxable Property may only be modified prior to the issuance of Bonds. 3 Upon execution of the Certificate by the City and. CFD No. 16-1 the City shall cause an amended Notice of Special. Tai. Lien for IA2 to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD 1' o. 16-1, receipt of this Certificate and modification of the Rl'' IA as set forth in this Certificate. CITY OF C HULA VISTA By: Late: CFD .Administrator COMMUNITY FACILITIES DISTRICT NO. 16-I OF THE CITY OF C HULA VISTA Date: : By: B 1.7 2020-07-14 Agenda Packet, Page 372 of 468 ............ PROPOSED AMENDED BOUNDARY MAP OF $MEET I OF'I SKEfET COMMUNITY FACILITIES DISTRICT NO111. 16-1 I HEREBY CERTIFY THAT THE WITHIN MAP SKOWING PRDPOSED (MILLEINIIIA) THIS BOUNDARY MAP AMENDS 1HEET 2"' OF 2 Of PROPI 60UNDARIE5, OF COMMOINITY fACKIVES iDil MIXT NQ�, 16-1 WUNDAMES, Of COMMUNJY FACItitits DISTRIC'T INO.lil 1MKL1,NIAj,, CITY OF CHULA VISM6 COUNTY CF CITY O�F CHULA,VISTA, (MW NiA)CITY 01FHULA VISTA,,CfthnI f SAN 0111JEOMSTIAT)l, SAN 011EGO,, STATE 0F CkLIFORN"11A. WAS APPROVE0, low, 11HE COUINTYOF SAN DIEGO, STATE OF'CALIFORN[A OF CALIFOONIA FILED oN Aixus'r 11, 2,016 W 900K 46 aF CITY COUNCIL 'OF THE CRY OF HU "VISTA AT A REQMLAR MAPS OF ASSESSMENT NO CDMMUNITY"FACAPTIES WSTRICTS MEETING1,HEREOF,Ho of ON DAYOF` 20-, AT PAG ,A'S DOW MEN7KC),2016-YDW32,61, BY RISOWTION RE;FERENCE 15 HEREW MADE TO 11"HE C'm OF CSI LI Vw57A IRA/CT MAP 14101,i09-03 AKO,RDED IlN,THT 041CIAL RECO,D's ......... Of' THE' COUNTY OF SAN DIEGO, STATE 'OF 101Y HEIRIKCALIFORIIIAII, AS 010CUMEN1 P40, 2019-7=481 FOR A (IT'N OF CHULA VISTA Dt'SCRIPTICINI OF THE LINES AND DSI VIENSJDNS OF TH,ST PARCW. ON FILED W T4EIlEOF T14F CITYCLEAK,CTTY OF C]HULAVISTA, THIS DAY Of dew" 20 Cm,CLUK CITY OF CHULA VISTA VA R'ECOADtDIH,15 DAY Of 0L 20-2q-AT 5 THE HOUIROF OTLOCK IINI eOOK v PAGE'jf.�_Of MAPS OF ASSESSMENT AND COINWUNiTY ...... IFACILITIES DISTRICTS W THE OF IIF OF TIVHE COUNTY RECOADEK, M THIIE COUNrY OF 5AN DIEGO, STATE OF vMPRQWtMjk:M,,T AMOK k 0CVN0A1R,',Y CALIPOKISIlik 1k Ove "o led I ve PAACCL LAE' TEE No 21020- E RN E$'T 1, DRONENOMINS.GI, JR,, A5SESSOR, RECORDER,, COUNVC(lAK, > 10A0 OR f;t-RE YACE kf III F 1110AP TV xxx�Xxx-xx_X_x ASSC,SSnR PAACft IWI(RAA . ......... el 40 00 < MIAP REFERENIGE NO, ASSESSOR PARCEL N10, LO,'T N0JF INAL Mme' 643-060-69 LOT 191 Of, F NX MAP N O1,6081 643.06"7(POR T 10N) LOT'I Of F NAL MAP No 16,38C 643.06"8(PORT11ON) LOT 4 Cf FINAL MAP NO,16380 CA3460-62, LOT'12 OF F04AL MAP NO,,1,6081 16413-KOQI LOT'13 OF F'INAL,MAP NOI W$,1 MS K)UNUARYMAIR WISMECTLYP SNOVW-t�llr,SOUNDARM4 O , C F' ME,COMMVNlV FACILITIE-6 DISTAK",1F�R DETOWS, CONCERNING THE LINES AND DIMENSIONS OF LOTS OR W PARCEL ReFER TO THIr, WONTY AS ITS IMAPS FOR 37� 7sc, 1$0,Feet + spidt"R"C NWLTING FISCAL YEAR 2011140, s ................. '00% d"009 IF I 5K q,81702v— 70OU 2020-07-14 Agenda Packet, Page 373 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 14,2020 File ID: 20-0257 I1 L. CONSIDERATION of POTENTIAL CHARTER AMENDMENTS FOR POSSIBLE PLACEMENT ON THE NOVEMBER 2020 BALLOT, RELATED To BOARD AND COMMISSION MEMBERSHIP QUALIFICATIONS) RESIDENCY REQUIREMENTS FOR T -E ELECTED CITY ATTORNEY,VOTE-BY-MAIL ELECTION PROVISIONS, ELECTED OFFICIAL SUSPENSION REGULATIONS,AND OTHER MISCELLANEOUS REVISIONS ACTIONRECOMMENDED " Council direction to staff as it deems appropriate. SUMMARY The City Council,the Charter Review Commission,and City staff have identified potential amendments to the City Charter.The proposed amendments generally include: i in response to a City Council referral,revisions to Charter Section 602 that generally replace the"+qualified elector"requirement for members of Cite hoards and commissions, with a"residency"requirement (ii)revisions initiated barthe Charter Review Commission that would require the City Attorney be a City resident, allow for all vote-by-mail balloting, and permit suspension of an elected official with felony charges pending;and(iii) a number of mostly technical revisions recommended by City staff. 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 of amending. the Charter in the manner proposed is not a "Project if as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to theenvironment; therefore, pursuant to Section 15060(c)(3) of the State CFQA Guidelines the action proposed is not subject to CFQ.A.. BOARD/COMMISSION/COMMITTEE ... NDAlTION The Charter Review Commission considered each of the proposed revisions and took action as follows. I. City Council Referral revisions:Accepted on July 1, 2020;Grote: 5-1-0-1. 2. Charter Review Commission-initiated revisions:Approved on January 12, 2020;vote: 7-0. 3. Staff recommended revisions:accepted on.July 1,2020;vote: 6-0-0-1. t' . 1 01 1 2020-07-14 Agenda Packet, Page 374 of 468 DISCUSSION Background Over the course of the last several months, the City Council,the Charter Review Commission ("CRC") and City staff have identified potential amendments to the City's Charter. Charter amendments must be submitted to the,electorate for approval.The next election at which proposed Charter amendments could be placed on the,ballot is the November 2020 election.If the City Council determines that it will place proposed amendments on that ballot, the City must submit them to the County Registrar by August 6, 2020. Accordingly, the proposed amendments are submitted to the City Council tonight for consideration and direction as to how to proceed. Proposed Amendments 1. City Council Referral In September 2019, the City Council referred an item to the CRC to bring back for City Council consideration proposed language that would revise Charter section 602 to allow City residents, not just "qualified electors" to serve on City boards and commissions. The CRC considered the referral, received public input, and deliberated on the matter. The CRC ultimately approved the language set forth on Attachment 1,in section 602, in green highlight. The term "qualified elector" refers to an individual who is qualified to register to vote, although may not actually be registered. In order,to register to vote in the City,an individual would have to be: at least 18 years of age,a U.S.citizen,and a City resident.Thus,a resident who lives in the City but is not a U.S.,citizen would not be a"qualified elector" and,therefore,could not serve on a City board or commission., In response to the City Council's referral, the CRC developed language that would eliminate the citizenship requirement for board and commission members, but would still require them to be City residents, and at least 18 years of age. The proposed language also incorporates two exceptions that are in the existing Charter: under 18, years old for youth commissions created by ordinance, and non-residents, when allowed by ordinance and approved by four votes of the City Council. Finally, the CRC retained the citizenship status for Districting Commission members. 2. CRC-Initiated Amendments In July 2019, the, CRC presented to the City Council the results of a public survey regarding potential Charter amendments. used on the survey results, the CRC identified three potential Charter amendments: requiring City residency for the City Attorney, allowing all vote-by-mail balloting for certain City elections,and permitting the City Council to suspend an elected official from his or her duties during the pendency of felony charges. Accordingly, the CRC developed proposed revisions to the relevant sections of the Charter for the City Council's consideration to accomplish these changes. These proposed amendments were approved by the CRC on January 12, 2020 and are reflected on Attachment 1, in sections 303, 303.5,, 502, and 902,in yellow highlight. 3. City Staff Recommended Amendments City staff has identified several areas in the Charter that could benefit from updating. The updates would help improve City operations, delete outdated provisions, and the City Council more control and flexibility in governing the City going forward.These changes generally fall into the following categories: (i) changing the nomenclature for City elections from "general" in March) and "special" (in November) to P �3ge 12 2020-07-14 Agenda Packet, Page 375 of 468 "primary"and"general,"'respectively,in order to conform our Charter language to the more common terms for these elections used throughout the state; (ii) deleting outdated provisions,such as those relating to the transition to district elections, which was completed MIR- (iii) eliminating the prohibition against passing resolutions,and ordinances at special meetings and the requirement for publication in newspapers; and (vi) deleting the specific language of the oath of office. These proposed amendments were,accepted by the CRC on July 1,2020 and are reflected on Attachment 1,throughout various sections,in a redline/"strikeout format. Next Steps If City Council desires to move forward with any of the proposed amendments, the next step would be to direct staff to prepare all of the documentation required to place them on an upcoming ballot. Necessary documents include a resolution, the City Attorney's Impartial Analysis, the formal Ballot Statement, and Ballot Question. In order for the item to qualify for the November 2020 ballot, this work would need to be completed,approved by the City Council,and submitted to the County Registrar by no later than August 7th.With Council direction,this could be accomplished,with the work being done and presented to Council for action at the next City Council meeting scheduled for July 28th. DECISIM-MAKER CONFLICT" Staff has reviewed the decision contemplated by this action and has determined that it is not site specific; consequently,the 500 foot rube found in California Code of Regulations section 18704.2(a)(1)is not applicable to this decision. staff is not independently aware,and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENY-YEAR FISCAL IMPACT It is estimated that$195,000 would need to be appropriated to fund the placement of one ballot measure on the November 20�20 ballot. ONGOING FISCAL IMPACT Staff has identified some potential future savings associated with certain proposed amendments. The Registrar of Voters ("ROT) has estimated that going from an "all polls" to an all vote-by-mail ("V M") election could reduce an election cost by 15-20%. To provide context, the last estimates received from the ROfor a special,standalone district seat election were:$3,501 -$600k for a traditional polling place election and$250k-,$500k for a VBM election,. In addition, it is estimated that there would be some savings for publishing online vs. publishing in a newspaper.Over the last 3 years,the City gas spent$57kwith Star News.The City Clerk's office alone budgets about$6k for legal publications each year ATTACHMENTS 1. City Charter Reflecting Proposed Amendments Staff Co n ta ct:Jill Ma la n d,Assista n t It A tto rn ey P �3ge 3 2020-07-14 Agenda Packet, Page 376 of 468 Your Selections Chula Vista,CA Page I of 60 Redline: StaffR co ended Changes` Yellow Highlight: Proposed Amendments Approved by CRC on January 8, 2020 ARTICLE 1. INCORPORATION AND SUCCESSION Sec. 100. Name and Boundaries. The City of Chula Vista shall be a municipal corporation,under the name of"City of Chula Vista". The boundaries of the City shall be the boundaries established by law. Sec. 101. Succession, Rights and Liabilities. The City of Chula Vista shall own,possess and control all rights and property of every kind and nature owned, possessed or controlled by it and shall be subject to all its debts,obligations and liabilities. Sec. 102. Ordinances. A11 lawful ordinances, resolutions and regulations,or portions thereof, in force at the time this,Charter takes effect, and not in conflict or inconsistent therewith,are hereby continued in force until the same shall have been duly repeated, amended, changed or superseded by proper authority. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 377 of 468 Your Selections hula Vista,CA Page 2 of 60 Sec. 103. Continuance of Contracts. All contracts entered into by the City, or for its benefit,prior to the effective date of this Charter, shall continue in,full force and effect. Sec. 104. Effective Date of Charter. The effective date of this Charter is December 15, 1949,and totally revised pursuant to direction of the voters on June 6, 1978,. ARTICLE 11. POWERS Sec. 200. Powers of City. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. It shall also have the power to exercise,or act pursuant to,any and all rights,powers, privileges,or procedures,heretofore or hereafter established,granted or prescribed by any law of the State,by this Charter, or by other lawful.authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon,the generality of the foregoing provisions. Sec. 20 1. Powers Vested in Council. All powers of the City, except as,otherwise provided in.this Charter, shall be vested in the City Council.. Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 378 of 468 Your Selections Chula Vista,CA Page 3 of 60 ARTICLE 111. CIT" COUNCIL Sec. 300. Members, Eligibility and Terms. (A) There shall be a City Council of five members, consisting of four Councilmembers and a Mayor,elected at the times and in the manner provided in this Charter. (1) The Mayor shall be elected from the City at large.No person shall be eligible to hold the office of Mayor, or to be elected or appointed to the office of Mayor, unless such person is a resident and registered voter of the City or territory annexed to the City. To be eligible to seek election to the office of Mayor, a person must be a resident and registered voter of the City or territory annexed to the City at the time the nomination papers for such office are issued to the candidate. Elections for the office of Mayor shall be held in the same manner as described in section,300(A)(3),below, except that voters of the City at-large shall be entitled to vote for Mayoral.candidates. (2) Each of the four Councilmembers shall.be elected by district in the manner provided in paragraph(3) below. To be eligible to seek election,or appointment, to the office of Councilmember, a person must be a registered voter of the City or territory annexed to the City and resident of the Council district which that person seeks to represent at the time the nomination papers for such office are issued to the candidate, or at the time of appointment to such office,respectively.No person shall be eligible to hold the office of Councilmember unless that person is a registered voter of the City or territory annexed to the City and resident of the Council district which that Councilmember represents. (3) In the primary municipal election,the voters in each district from which a Councilmember is to be elected shall be entitled to nominate and vote for one(1)candidate from their district; and the two(2) candidates for Councilmember in each district receiving the highest and second highest number of votes cast by the voters of their district shall.be the candidates in a run-off election during the general municipal. election to be held on the same date as the statewide election date in November immediately following the primary municipal election, if no statewide election is conducted,then on the first Tuesday after the first Monday of November of each even numbered year). In order to participate as a write-in candidate in an election,the write-in candidate must qualify to run in the primary municipal election. If only two qualified candidates from a Council.district file nomination papers to participate in the primary municipal election,in that district,no primary municipal election shall be held for that seat, and the two candidates shall be the candidates at the run-off election for the office of City Councilmember from that district. If two or more candidates from a district tie in the receipt of the highest number of votes in the primary municipal election, all such candidates shall appear on the run-off election ballot and no Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 379 of 468 Your Selections Chula Vista,CA Page 4 of 60 candidate(s)receiving the second-highest number of votes shall appear on the run-off election ballot. If one candidate from a district receives the highest number of votes and two or more candidates from the same district tie in the receipt of the second-highest number of votes, all such candidates shall appear on the run-off election ballot. In the run-,off election,the voters in each district from which a Councilmember is to be elected shall be entitled to vote for one(1)candidate from each district for which a Councilmember is to be elected, and the candidate for Councilmember from each district receiving the highest number of votes cast shall be elected. (B) The term of each member of the City Council shallbe for a nominal term of four years. The member's term shall commence upon taking the oath of office and shall continue until a qualified successor takes the oath of office. The oath of office shall be administered at the first scheduled City Council meeting following certification of the election results, or as,soon thereafter as practicable. (C) No person.shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than.two(2)consecutive terms, and no person who has held a Council.office for a period of two(2) consecutive ten'ns or the office of Mayor for two(2)consecutive terms,may again seek nomination and election to said offices of Council or Mayor respectively until a period of one(1)year from the to ruination of the second term for Councilmember or Mayor has elapsed;provided,however,that any person who is appointed by the Council to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until.a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two(2)full,terms thereafter.Any person elected in a special election for the balance of a regular term of Mayor and/or Councilmember for a period of two(2)years or less may seek nomination and election for two(2)full terms thereafter. (D) Each Council district shall be numbered one(1)through four(4)respectively. Any person running for the office of Councilmember shall designate, as the office for which such person seeks election,one of the numbered Council districts as memorialized by resolution of the Chula Vista City Council on file in the office of the City Clerk. Should a vacancy occur at any time in any Council district, if said vacancy is to be filled by a special election as provided in Section 303 of the Charter,candidates for said vacancy shall similarly designate the appropriate numbered district on their nominating papers. (F) Vacancies and elections to fill vacancies for the office of Councilmember or the office of Mayor, shall be determined in accordance with Section 303.C.2. (G) If one of the two eligible run-off candidates dies and the City Clerk is notified of the death on or before the 88th day prior to the run-off election,required under this Section,his or her name shall not be placed on,the ballot. The candidate receiving the third highest number of votes in the primary municipal election for the office of Councilmember or the office of Mayor shall be offered by the City Clerk,the opportunity to be placed on the ballot in.lieu of the deceased. The City Clerk shall.make the offer in writing immediately upon, notification of the death. The candidate shall accept or reject in writing to the Clerk and submit all required Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 38,0 of 468 Your Selections Chula Vista,CA Page 5 of 60 candidate documents within five calendar days of receipt of the City Clerk's offer. If accepted,the special run- off election between the remaining candidate and the candidate receiving the third highest number shall be held. If rejected,there shall be no run-off election, and the remaining candidate shall be deemed elected as of the date of such death. (H) Any person to be elected at a-run-off election required under this Section shall.be deemed elected upon receipt of the highest number of votes for the particular office of Councilmember or the office of Mayor and shall be seated upon taking the oath of office.Ties at such run-off election shall be resolved by lot. Sec. 300.5. Districting Commission. (A) Establishment of City Districting Commission; Composition,,- Powers and Duties. (1) Separate and distinct from the commissions provided for in Article VI of this Charter,there shall be established a seven(7)member Districting Commission, hereinafter"Commission,"for the purposes of recommending to the City Council the Council districts by which Councilmembers shall be elected,and periodically recommending to the City Council.adjustments to the boundaries of such Council.districts. (2) Each Commission shall recommend, and the City Council shall.approve, a Redistricting Plan for adjusting the boundaries of the four(4)Council districts within one(1)year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled primary municipal election occurring at least three(3)months after adoption of the Final Districting Plan.As used in this Section,the term"Federal Decennial Census"shall mean the national.decennial.census that is taken under the direction,of the United States,Congress at the beginning of each decade. The City Council, may amend this timeline by ordinance,in accordance with State statutory deadlines. (3) One or more, as necessary,independent consultants experienced and competent in the skills necessary for the districting work shall be utilized to assist the Commission.in developing the Districting Plans detailed in this Section. (B) Ordinances Implementing Districting Commission Powers and Duties,-Appropriations to Support Districting Commission. (1) The City Council shall.adopt such ordinances,as are necessary to provide for and support the Commission, and to ensure timely selection of Commission members and full implementation of the Commission's powers and duties under this Section. (2) The City Council shall.ensure,through the budget process,the appropriation of funds sufficient to allow the Commission to carry out its powers and duties under this Section. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 38,1 of 468 Your Selections Chula Vista,CA Page 6 of 60 (C) Eligibility to Serve on the Commission. (1) Only persons who are both residents and registered voters of the City or territory annexed to the City are eligible to apply for and serve on the Commission. (2) Notwithstanding that they may be a resident and registered voter of the City or territory annexed to the City,the following persons are ineligible to apply for and serve on the Commission: (a) the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review Commission; (b) a relative by blood or marriage within the second degree,or any domestic partner within the meaning of California law(including Family Code section 297), of the Mayor, any Councilmember, or any other elected City official.; (c) a person who, at any time within the four(4)years immediately preceding the date of their application for selection,to the Commission,has served as the Mayor, a Councilmember, or an elected City official; (d) a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City; (e) a person who, at any time within the four(4)years immediately preceding the date of their application for selection to the Commission,has worked as a lobbyist. For purposes of this provision, the term"lobbyist"means a person.who, for compensation,has direct communication with a City official, including the Mayor,a Councilmember, or any elected City official, for purposes of influencing a municipal decision, (f) a person who is currently an officer in any local political party organization, including,but not limited to, officers of a political party county central committee; and (g) a person who, at any time within,the four(4)years immediately preceding the date of their application for selection to the Commission,has served as a paid campaign worker or paid campaign or political consultant for an elected City official. (D) Selection of Commission Members,*Filling qfTacancies. (1) The City Charter Review Commission shall review and verify the information contained in the applications submitted by persons interested in serving on the Commission, including applicants' eligibility to serve on the Commission.under Subdivision C of this Section. From the reviewed and verified applications,the City Charter Review Commission shall. select ten(10)persons to constitute the pool of eligible applicants for purposes of this Subdivision. (2) Four(4)Commission, Members shall.be randomly selected from the pool of eligible applicants; Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 38,2 of 468 Your Selections Chula Vista,CA Page 7 of 60 (3) Three (3) Commission Members shall be selected by the randomly selected Commission Members from the pool.of eligible applicants, subject to approval by the City Council. The goal of such selections, shall be to ensure that,to the extent possible and as permitted by law,the Commission includes: (a) persons who reflect the racial, ethnic, gender,and geographic diversity of the City; (b) persons who have relevant knowledge and/or demonstrated analytical abilities that would allow the Commission to carry out its responsibilities with a high degree of competence; (c) persons who have demonstrated the ability to serve impartially in a nonpartisan role-, (d) persons who have experience in the areas of public communication and/or public outreach in the City;and (e) persons who have experience in civic and/or volunteer activities in the City. The City Council shall approve nominees for selection to the Commission unless the City Council finds by at least four(4)affirmative votes that the approval of one or more of the nominees would be inconsistent with this goal. In such case,the City Council shall approve for selection to the Commission one or more persons from the remaining pool of eligible applicants. (4) In the event that not enough eligible persons apply for the Commission to allow selection in the manner provided in Paragraphs 1,2,or 3 of this Subdivision,the City Council shall appoint persons as necessary to fill all seven(7) seats on the Commission. Such appointments shall be consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of this Subdivision. (5) Vacancies on,the Commission, from whatever cause arising, shall if possible be filled using the same process described in Paragraph 3 of this Subdivision, and if not possible,then by the City Council consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons described in Article VL Section 602(c)of this Charter.Vacancies on the Commission shall be filled within 45 days of the date upon which the vacancy existed. (E) Commission 1ember Compensation; Restriction on Commission Members Seeking Election to City Council. (1) Commission Members shallserve without compensation for their services,as such,but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. (2) A person who serves as a Commission Member is ineligible to serve on, and shall not seek election to,the City Council in any district whose boundaries were drawn or adjusted by the Commission on Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 38,3 of 468 Your Selections Chula Vista,CA Page 8 of 60 which.such person served for a period of four(4)years immediately following the end of the person's service on the Commission. (F) Districting Criteria. The Commission and City Council shall adhere to the following criteria in considering and approving or disapproving any Districting Plan: (1) District shall have reasonably equal populations as required by the Federal and State constitutions. (2) District boundaries shall be geographically compact and contiguous. (3) District boundaries shall follow visible natural and man-made features, street lines and/or City boundary lines whenever possible. (4) District boundaries shall respect communities of interest to the extent practicable. A community of interest is defined as a geographic area comprised of residents who share similar interests including,but not limited to, social, cultural., ethnic, geographic or economic interests,or formal government or quasi. governmental relationships,but not including relationships with political parties, incumbents, or candidates. (5) District boundaries shall be drawn.without regard for advantage or disadvantage to incumbents or challengers. (6) District boundaries shall be drawn without regard for advantage or disadvantage to any political party. (G) Procedures jar Creation of Draft and Recommended Districting Plans. The Commission and City shall abide by the following procedure in any districting process: (1) The Commission and City should actively encourage City residents to participate in the districting process. Such efforts should include,but not be limited to, encouraging City residents to attend Commission meetings,provide public comments to the Commission, and facilitating the submission of districting plans for consideration by the Commission. To the extent practicable, Commission meetings should be held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City. (2) The Commission shall approve a Draft Districting Plan based on application of the districting criteria specified in Subdivision F of this Section and consideration of all public comments,submitted to it. Approval of a Draft Districting Plan shall require the affinnative vote of at least five(5)Commission members. The Commission shall hold at least two(2)public meetings prior to approving a Draft Districting Plan. (3) A Draft Districting Plan approved by the Commission shall be made publicly available for at least thirty(30)days before the Commission may take any action to approve a Recommended Districting Plan. The Commission shall hold at least two(2)public meetings between the release of a Draft Districting Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 38,4 of 468 Your Selections Chula Vista,CA Page 9 of 60 Plan and approval of a Recommended Districting Plan.;provided,however,that the first such public meeting shall not be held sooner than seven(7)days following the release of a Draft Districting Plan. (4) The Commission shall thereafter approve a Recommended Districting Plan for consideration by the City Council. Approval of a Recommended Districting Plan shall require the affirmative vote of at least five(5)Commission Members. (5) For each Recommended Districting Plan prepared by the Commission and submitted to the City Council,the Commission shall prepare a report that describes the process, criteria, and evidence used by the Commission,to prepare the Recommended Districting Plan. Such.a report shall accompany any Recommended Districting Plan submitted by the Commission to the City Council. (H) City Council Consideration of Recommended Districting Plan;Approval of Final Districting Plan. (1) The City Council shall.hold at least one(I)public hearing on the Recommended Districting Plan of the Commission,before the City Council takes any action to approve or disapprove the Recommended Districting Plan. (2) The Recommended Districting Plan shall be made publicly available for at least fourteen(14)days before any vote by the City Council to approve or disapprove a Recommended Districting Plan. (3) The City Council shall.not alter the Recommended Districting Plan. Rather,the City Council shall approve or disapprove the Recommended Districting Plan in its entirety. (4) If the City Council approves a Recommended Districting Plan it shall immediately become the Final Districting Plan which shall be implemented by the City. (5) If the City Council disapproves a Recommended Districting Plan,the City Council shall immediately state in writing to the Commission the reasons for such disapproval, including any deviations by the Commission from the districting criteria specified in Subdivision F of this Section. Thereafter, the Commission shall consider the City Council.'s stated reasons for disapproval.and may consider and approve alterations to the Recommended Districting Plan in response to those reasons. After such consideration,the Commission shall submit its Final Districting Plan to the City Council for immediate implementation by the City.Approval of such Final Districting Plan shall require the affirmative vote of five(5)Commission Members. (1) Rqf�ren 'um or Legal Challenge to Final Districting Plan. (1) Any Final Districting Plan approved under this Section shall be subject to the referendum provisions of this Charter. If a referendum qualifies against the Final Districting Plan approved by the first Commission established under this Section, the City shall continue to elect Councilmen.bers at-large until an.election on the referendum is held. If a referendum qualifies against any Final Districting Plan approved by a subsequent Commission, the City shall continue to elect Councilmembers by district elections as provided in Section 300 using existing Council districts until an election on the referendum is Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 38,5 of 468 Your Selections Chula Vista,CA Page 10 of 60 held. In either event, if the voters approve such a Final Districting P. the Council.districts established in the Final, Districting Plan shall become effective as soon as practicable. If the voters reject such a Final Districting Plan,the Commission shall, as soon as practicable,prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section. (2) If a court of competent jurisdiction.invalidates,a Final Districting Plan., the Commission shall,as soon as practicable,prepare and submit a new Recommended Districting Plan for consideration and approval.by the City Council consistent withthe process described in Subdivision G of this, Section. (J) Dissolution of Districting Commission. Each Commission,established under this Section shall cease operations and dissolve on the ninety-first day following approval of a Final Districting Plan,unless a referendum against the Final Districting Plan has qualified or a lawsuit has been filed to enjoin or invalidate the Final Districting Plan, in which case the Commission shall continue operations until a Final Districting Plan is implemented by the City.Notwithstanding the foregoing, if a lawsuit to enjoin or invalidate a Final Districting Plan is filed later than the ninety-first day following approval,of a Final Districting Plan,the Commission shall automatically revive and continue operations during the pendency of such lawsuit and until a Final Districting Plan is implemented by the City. Sec. 301. Powers. The City Council shall.judge the qualifications of its members as set forth.by the Charter. It shall.judge all. election returns,. It may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Each member of the City Council. shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council.. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas,or the refusal to testify(upon other than constitutional grounds), shall constitute an infraction and shall.be punishable in the same manner as violations of this Charter are punishable. The City Council shall cause the City Clerk to keep a correct record of all its proceedings and at the demand of any member, or upon the adoption of any ordinance,resolution,or order for the payment of money,the City Clerk shall call the roll and shall cause the ayes and nays,taken on such question to be entered in the minutes of the meeting. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 38,6 of 468 Your Selections Chula Vista,CA Page I I of 60 Sec. 302. Compensation for Councilmembers. The four Councilmembers shall receive, as compensation for their services, forty percent(40%)of the salary of the Mayor. They shall receive reimbursement on order of the City Council for Council-authorized travel and other expenses when on official duty of the City. The City Council may also provide,by resolution, for the payment,to Councilmembers of an allowance of a sum certain per month to reimburse them for the additional demands and expenses made upon and incurred by them in serving as Councilmembers. Sec. 303. Vacancies. (A) When a Vacancy Occurs; Granting Permission for Absences. If a member of the City Council is absent from four(4) consecutive regular meetings of the City Council. scheduled and held,unless by permission of the City Council.expressed in its official minutes , or is convicted of a felony or crime involving moral,turpitude, or submits a letter of resignation to the City Clerk, or because of the election of the current office holder to another seat on the City Council, or other office requiring the surrender of the City office seat,the office shall become vacant as of the date of the last absence(in the case of four unexcused, consecutive absences from regular City Council meetings),the date of such conviction(in the case of conviction of a felony or crime involving moral turpitude),the effective date of resignation as set forth in,such letter of resignation,or the date on which the current office holder is sworn into another office in.the case of an election to another office), as applicable.The permission of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting. The City Council shall declare the existence of any vacancy or anticipated vacancy as soon as,practicable. (B) Anticipated Vacancies with Intervening Consolidated Elections; Duration of Elected Replacer's Term. If(1) a vacancy is expected to occur in an office of any member of the City Council or Mayor because of either the election of the current office holder to another seat on the Council or other office requiring the surrender of the City office seat, and(2) if,between the time the expectation of vacancy occurs(by final election results for the other election.contest having been announced)and the time the actual.vacancy is expected to occur,any other federal, state or local (non-City)election involving all the electors of the City is scheduled to be held at such a time that permits a special election to be called and consolidated with such other federal, state or local election,then(A)the City Council shall call and request consolidation of such special election with such other election or elections, and(B)the vacancy so expected to be created shall be filled by such special election..A person elected in such special election to fill a vacancy shall. serve for the remainder of the term of the office and until a successor qualifies. (C) Filling Vacancies: Appointments and Special. Elections. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 38,7 of 468 Your Selections Chula Vista,CA Page 12 of 60 Except under the circumstances hereinabove provided in paragraph B,the City Council. shall fill.such vacancy by election or appointment as set forth herein. (1) If a vacancy is declared by the Council with one (1)year or less remaining in the term from the date of declaration,the Council shall within 45 days appoint a person to fill,the vacant seat on the City Council. In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration of the remaining Council or Mayoral term. If the Council is unable to make an appointment,the Council's power to appoint within 45 days of declaration of vacancy is hereby terminated for the duration of such minimal remaining term and the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. If the Council is unable to make an appointment during the allotted time,the Council's power to appoint is terminated. (2) If a vacancy declared by the Council occurs with 25 months or more remaining in the term from the date of said declaration,the Council shall call a special election to be held on the next established election date, as specified in the Elections,Code of the State of California, or within 120 days from the declaration of vacancy,whichever is practical,unless there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal, state, or local election scheduled to be held within, 180 days of the declaration of the vacancy,the Council may consolidate the special. election with that election,as provided by the Elections Code.Notwithstanding the foregoing,the City Council may authorize an election to be conducted wholly by mail ballot,pursuant to section 303(C)(6), below. (a) In the special election,the voters,in the district for which a vacancy shall be filled shall be entitled to nominate and vote for one(1) candidate from the district. If a candidate receives the majority of the votes cast in that candidate's district,that candidate shall be deemed and declared by the Council to be elected to the vacant office. Ties among candidates shall be resolved in the manner provided in Section 300.A.3. (b) If no candidate receives a majority of votes cast in the special election,to fill a vacancy, a special run-off election shall be held in the district in which the vacancy exists,on the next established election date, as specified in the Elections Code,or within 120 days following the certification of the special election results,whichever is practical,unless there is a federal, state, or local election scheduled to be held within, 180 days following the certification of the special election, results, at which.time the Council may consolidate the special run-off election with that election, as provided by the Elections Code. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two(2)candidates shall be printed on the ballot for that seat. If a special Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 38,8 of 468 Your Selections Chula Vista,CA Page 13 of 60 run-off election.is required under this section,a write-in candidate may participate only if the candidate qualified as a write-,in candidate for the election held pursuant to subsection(a), above. (c) A vacancy in the office of Mayor shall be filled in the same manner as provided in subparagraphs a., and b.,above, except that the voters of the City at-large shall be entitled to vote. (3) If a vacancy is declared by the Council with more than one year but less than 25 months remaining in the term from the date of declaration,the Council may either appoint a person to fill the vacant seat on the City Council,pursuant to subsection C.I., above, or call a special election to fill the vacancy,pursuant to subsection,C.2., above. The Council shall determine,by majority vote within fourteen days of the declaration of vacancy, whether to fill the vacancy by appointment or by special election. If the Council determines to fill the vacancy by appointment and is unable to make an appointment within 45 days of the Council declaring a vacancy,the Council's power to appoint is terminated and the Council shall call a special election pursuant to section 303.C.2., above. (4) Notwithstanding any other provision in,this Section 303.0 to the contrary, if an appointment would result in a majority of the members serving on the City Council being appointed,the Council shall not fill the vacancy by appointment, rather: (a)where the vacancy is for a remaining term of one year or less,the office shall remain vacant; and(b)where the vacancy is for a remaining term of more than one year but less,than,25 months'.the Council shall call a special election to fill the office in accordance with section 303.0.2. (5) As provided in Section 30O.C, any person who is appointed by the Council to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term.has elapsed. Said appointee shall be eligible to seek nomination and election for two (2)full terms thereafter. (6)If a vacancy in the office of an elective officer is to be filled utilizing a special election that is not consolidated with a scheduled federal, state or local polling place election,the City Council may authorize such election to be conducted wholly by mail ballot. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 38,9 of 468 Your Selections Chula Vista,CA Page 14 of 60 Sec. 303.5 Suspension from Elected ffice. Any elective officer is subject to suspension upon determination by the City Attorney or by the City Council in the case of the City Attorney)that such officer has a felony criminal indictment,or felony criminal proceedings,pending against such officer("Pending Charges" . If a determination of Pending Charges is made,the officer shall be suspended by the Mayor or by the Deputy Mayor in the case of the Mayor). During suspension,the officer shall be relieved of all duties and rights of office,and shall not be entitled to,the compensation provided for in this Charter.The City Council may appoint a qualified person to discharge the duties of the office during the suspension. The suspension shall remain in effect until the Pending Charges are resolved. If the Pending Charges result in a.felony conviction against the officer,the office shall become vacant, in accordance with section 303.A., above. If a felony conviction does,not result,the suspension shall be lifted and the officer shall be entitled to resume the duties of the office. Notwithstanding the foregoing,if the officer's term of office lapses during the suspension period,the officer shall not be reinstated into office.Nothing in this section shall prohibit a suspended officer from running for election during,or subsequent to,the period of suspension. Sec. 304. Presiding Officer, Mayor. (a) Duties. The Mayor elected pursuant to Section.300 of this Charter shall be a member of the City Council. and shall perform all the functions and have all of the powers and rights,of a duly elected Councilmember. In addition,to said powers and duties,the Mayor shall have the power and duty: (1) to report to the City Council annually and from time to time on the affairs of the City and to recommend for its consideration such matters as deemed expedient, and (2) to be the official head of the City for all political and ceremonial purposes and to be recognized by the courts for the purpose of serving civil process, for the signing of all legal instruments and documents, and by the Governor for emergency purposes, and (3) in the time of public danger or emergency, the Mayor,with the consent of the Council, and for such period as the council may fix, to take command of the police,maintain order and enforce the law,and (4) to assume the primary,but not the exclusive responsibility, for interpreting to the people the policies, programs and needs of the City government and for informing the people of any major change in policy or program. The Mayor may represent the City in any and all matters involving other governmental agencies,provided that no act,promise,commitment or agreement entered into or committed by the Mayor shall be binding upon the City of Chula Vista unless duly authorized or ratified by the City Council, and (5) to represent the City in,all regional.public agencies whichrequire an,elected City official,unless otherwise determined by the City Council,and (6) to supervise the operation of the mayor/council office and personnel assigned thereto, and Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 390 of 468 Your Selections Chula Vista,CA Page 15 of 60 (7) to perform such other duties consistent with the office as may be prescribed by this Charter or delegated to the Mayor or imposed on the Mayor by the City Council if not inconsistent with the provisions of this Charter, and (8) to exercise the full-time function as,Mayor of the City during the usual business hours that the offices of the City are open,and such other hours,and times as shallbe necessary to discharge in full the duties imposed upon the Mayor. (b) Compensation. The Mayor shall receive an annual salary equivalent to 66%of the salary of a Judge of the Superior Court of the State of California. The Mayor shall also receive reimbursement on order of the Council for Council-authorized travel and other expenses when on official duty out of the City. The City Council may also provide,by resolution, for the payment to the Mayor of an allowance of a sum.certain per month, as, reimbursement for the additional.demands and expenses made upon and incurred by the Mayor. (c) Deputy Mayor. The City Council shall designate one of its members as Deputy Mayor,who shall serve in such capacity at the pleasure of the City Council.. The Deputy Mayor shall perfon-n.the duties of the Mayor during the Mayor's absence or disability. Sec. 305. Prohibited Acts. No member of the Council shall directly or indirectly,by suggestion or otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the Council in their performance of duties. The Mayor and the Councilmembers are hereby individually and collectively prohibited from performing any administrative or executive functions except as same may be authorized by this Charter or by ordinance of the City of Chula Vista. Except for the purpose of inquiry,the Council and its members shall deal with that part of the administrative service for which the City Manager is responsible solely through the City Manager. A violation of the provisions of this section by any member of the Council shall constitute misconduct for which the offending member may be removed from office by the Council. Sec. 305.5. Limitations on Powers of Eminent Domain. Eminent domain is not to be used to further private economic development. The City of Chula Vista shall not initiate or participate in any proceedings, or take any action to condemn private property for the purpose of Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 391 of 468 Your Selections Chula Vista,CA Page 16 of 60 making such property available for private development,nor shall the City participate,directly or indirectly, in such takings. "Participation"means contributing, lending,providing,pledging, or foregoing, any funds, property,credit, in-kind services, or incurring any debt or lease obligation,or providing any other thing of value to any agency, organization, or project.Notwithstanding these prohibitions,the City of Chula Vista may participate in proceedings to condemn private property for the purpose of making such property available for private development if such participation is approved by a majority of the voters in the City. Sec. 305.6. Minimum. Public Use Period. Property acquired by the City of Chula Vista through the use of eminent domain after the effective date of this charter amendment must be held or used for a public use by the City for a minimum ten-year period prior to sale, lease,transfer or other dispos,itionby the City. Sec. 306. Regular Meetings. The City Council shall hold regular meetings at least once each month at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. Sec. 307. Special Meetings. (Repealed 11-8-88) Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 392 of 468 Your Selections Chula Vista,CA Page 17 of 60 Sec. 308. Place of Meetings. All regular City Council meetings shall be held in the Council Chamber in the Civic Center or other appropriate location and shall be clearly noticed and open to the public. If,by reason of fire, flood or other emergency it shall be unsafe to meet in the place designated or it is unavailable,the regular meetings may be held for the duration of the emergency or unavailability at such place as is designated by the Mayor,or, if the Mayor should fail to act,by three members of the City Council. It is further provided that any special meeting may be held within any place suitable and desirable for public assembly within the City of Chula Vista or contiguous cities to facilitate the public participation in the business of the City, subject to the requirements of notice as provided in this Charter and the laws of the State of California. Further,the City Councilmay meet in joint session,at an appropriately designated official.place of meeting with the governing body or bodies of any other govemm.ental.agency in the County of San, Diego, subject to notification as required hereinabove. At such special meetings not held at the Civic Center,the City Council may not pass upon any ordinance or resolution, or make any final decision on the matters being discussed at said meeting except that final actions may be taken at joint meetings with.other governmental agencies held at a regular place of meeting of such agency. Sec. 309. QC uorum; Proceedings. Three members of the City Council shall.constitute a quorum.to do business but a less number may adjourn from time to time. In the absence of all the members of the City Councilfrom.any regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.Notice of a meeting adjourned by less than a quorum or by the Clerk shall be given by the Clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the City Council but need not specify the matters to be acted upon. Sec. 3 10. Citizen Participation. All citizens shall have the right personally, or through counsel., to present grievances at any regular meeting of the Council, or offer suggestions for the betterment of municipal affairs. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 393 of 468 Your Selections Chula Vista,CA Page 18 of 60 Sec. 311. Adoption of Ordinances and Resolutions. (a) Generally. With the sole exception of ordinances which take effect upon adoption referred to in this article,no ordinance shall be adopted by the City Council on the day of introduction,nor within five days thereafter, ,,nor at any time other than at a regular or adjourned regular meeting.At the time of adoption of an ordinance or resolution, the title thereof shall be read in full prior to adoption. In the event that any ordinance is altered after its introduction,the same shall not be finally adopted except at a regular or adjourned regular meeting,held not less than five days after the date upon which such ordinance was so altered. The correction, of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (b) For Pament of Money. A,resolution,or order for the payment of money shall be adopted or made only at y a regular or adjourned regular meeting. (c) Votes Required Execution and Attestation. Unless a higher vote is required by other provisions of this Charter,the affirmative votes of at least three members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. (d) Emergency Ordinances. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace,health, safety, and general welfare and containing a statement of the reasons for its urgency,may be introduced and adopted at one and the same meeting if passed by at least four affirmative votes. Sec. 312. Ordinances. (a) Enactment of'Ordinances. The enacting clause of all ordinances adopted by the City Council shall be substantially as follows"The City Council of the City of Chula Vista does ordain as follows:" (b) Publication of Ordinances. Within, 1.5 days after its passage,the City Clerk shall cause each ordinance to be published at least once in a newspaper of general circulation published and circulated in the City, or if there is none,the Clerk shall cause it to be posted in at least three public places in the City or published in a newspaper of general circulation printed and published in the county and circulated in the City. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices,but such ordinances shall be posted in the manner and at the time required by this section. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 394 of 468 Your Selections Chula Vista,CA Page 19 of 60 The publication or posting of ordinances, as required above may be satisfied by: (1) Publication of the full.text of the ordinance, or(2)A,summary thereof prepared by the City Clerk,and posting of a certified copy of the full text thereof in the office of the City Clerk, or(3)A display advertisement in a newspaper of general circulation in the City or if the City Clerk determines it is not feasible to prepare a fair and adequate summary of the ordinance, and if the City Council so orders. The synopsis or advertisement shall indicate the general nature of, and provide information.about,the ordinance including information sufficient to enable the public to obtain copies of the complete text of such ordinance,as well as the names of those City Council members voting for and against the ordinance. (c) Codcation qf'Ord inances. Any and all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been,repealed,may be compiled, consolidated,revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference,with the same effect as an ordinance,by the passage of an ordinance for such purpose. Ordinances so codified shall be repealed as of the effective date of the code. Other codes, including statutes or published compilations of rules,regulations or standards adopted by the Federal or State government or by any agency of either of them, or nationally recognized or approved published compilations of proposed rules, regulations,or standards of any private organization or institution may also be adopted by reference in accordance with.the provisions of this subsection. County ordinances or codes or any parts thereof or amendments thereto may be similarly adopted by reference. Such code need not be published in the manner required for other ordinances,but at least one copy thereof shall be filed in the Office of the City Clerk after the adoption thereof for the use and examination by the public. The City Clerk shallmaintain a reasonable supply of copies of such code available for purchase by the public at a price not to exceed its actual cost to the City. Subsequent amendments to sections of the code shall be enacted in the same manner as herein required for the amendment of sections of ordinances generally. Copies of such codes in published form,duly certified by the City Clerk, shall be received without further proof as prima facie evidence of the provisions of such codes or public records,in all courts and administrative tribunals of this state. (df ,fictive Date qf'Ordinances. All ordinances shall take effect thirty days after final passage except the following which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election, (2) An,improvement proceeding ordinance adopted under some law or procedural ordinance; (3) An,ordinance declaring the amount of money necessary to be raised by taxation,or fixing the rate of or or levying the annual tax upon property- taxation, (4) An,emergency ordinance adopted in the manner provided for in this article. (e) Amendment of Ordinances. The an of any section or sections of an.ordinance may be accomplished solely by the reenactment of such section or sections at length as amended. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 395 of 468 Your Selections Chula Vista,CA Page 20 of 60 Sec. 313. Publishing of Legal Notices. (a) Newspapers Generally. In the event that there is more than one newspaper of general circulation published and circulated in the City,the City Council annually,prior to the beginning of each fiscal year, shall publish a notice inviting bids and contract for the publication of all legal notices or other matter required to be published in,a newspaper of general circulation published and circulated in said City,during the ensuing fiscal.year. In the event there is only one newspaper of general circulation published in the City,then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be designated the official newspaper for the publication of such notices or other matter for the period of such contract. (b) Rates. In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of legal notices of a private character. (c) Posting. In the event there is no newspaper of general circulation published and circulated in the City, then all legal notices or other matter may be published by posting copies thereof in at least three public places in the City. (d) Dqf�cts. No defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper shall invalidate any publication where the same is otherwise in conformity with the Charter or law or ordinance. ARTICLE IV. CITY MANAGER Sec. 400. City Manager. (a) Appointment, Salary. There shall be a City Manager who shall be the executive officer of the City;to be appointed by and serve at the pleasure of the City Council. The City Manager shall be chosen on the basis of administrative qualifications and shall be paid a salary, fixed by the Council,cornmensurate with responsibilities. (b) Removal. The City Manager may be removed from office by motion of the City Council adopted by at least three affirmative votes. Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 396 of 468 Your Selections Chula Vista,CA Page 21 of 60 (c) Ineligibility. No person.shall be eligible to receive appointment as City Manager while serving as a member of the City Council,nor within one year after ceasing to be a City Councilmember. Sec. 401. City Manager; Powers and Duties. Generally. The City Manager shall.be the head of the administrative branch of the City government,and be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general.grant of powers,responsibilities and duties,the City Manager shall have power and be required to: (a) Appointment and Removal of Employees and officers. Subject to the provisions of Section 500 of Article V of the Charter,the City Manager shall appoint all department heads and officers of the City except elective officers and those department heads and officers whose power of appointment is vested in the City Council,and pass upon and approve all proposed appointments and removals by department beads and other appointive officers. (b) Prepare the budget annually, submit such budget to the City Council,and be responsible for its, administration after adoption-- (c) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year, (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem.desirable, (e) Establish a centralized purchasing system for all City offices, departments and agencies; (f) Prepare rules and regulations governing the contracting for,purchasing, storing,distribution or disposal of all supplies,materials and equipment required by any office,department or agency of the City government and recommend them to the City Council for adoption by it by ordinance; (g) Enforce the laws of the State pertaining to the City,the provisions of this Charter and the ordinances of the City; and (h) Perform such other duties consistent with this Charter as may be required by the City Council. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 397 of 468 Your Selections Chula Vista,CA Page 22 of 60 Sec. 402. Participation at Council Meetings. The City Manager shall be accorded a seat at the City Council table and shall be entitled to participate in the deliberations of the City Council but shall not have a vote. Sec. 403. Assistant City Manager. The City Manager shall.appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Assistant City Manager during any temporary absence or disability of the City Manager. ARTICLE V. OFFICERS AND EMPLOYEES Sec. 500. Election, Appointment and Removal of Officers and Department Heads. (a) Election;Appointment. The City Attorney shall be elected by the voters of the City. The City Manager and City Clerk shall be appointed by and serve at the pleasure of the City Counciland shall be in the Unclassified Service. In addition,there shall be in the Unclassified Service a private secretary for the City Manager,City Attorney and the Mayor and Council who shall be appointed by the respective officers,for whom they serve.All other officers and department heads of the City and the Assistant City Manager shall be appointed by the City Manager subject to the approval of the City Council. The City Attorney shall also appoint Assistant or Deputy City Attorneys as may be authorized by the Council,who shall be in the Unclassified Service. The City Clerk may also appoint Assistant or Deputy City Clerks as may be authorized by the Council subject to the approval of the Council who shall be in the Unclassified Service. It is further provided the City Council may, by ordinance,place Assistant and Deputy Department Heads,Assistants to the City Manager and new management level positions in the Unclassified Service by a four-fifths vote of the Council. (b) Removal. Officers and employees in the Unclassified Service appointed by the City Councilmay be removed by them.at any time by a majority vote of the members of the Council, and such officers and Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 398 of 468 Your Selections Chula Vista,CA Page 23 of 60 department heads in the Unclassified Service appointed by the City Manager, City Clerk, or City Attorney, respectively,may be removed by him or her at any time and, inthe case of appointees in.the Unclassified Service,the order of the City Council,the City Attorney, City Clerk,or the City Manager affecting said removal shall be final and conclusive. The position of said officers and employees shall be declared vacant if said officer or employee is convicted of a felony or crime involving moral turpitude.Any appointee or employee in the Unclassified Service so removed by the City Manager, the City Attorney or City Clerk may, however,within five(5)days after receipt of a notice of dismissal,demand a written statement of the reason for such dismissal,a copy of which shall be forthwith filed with the City Council. Upon receipt of such written statement so furnished by the City Manager,the City Attorney or City Clerk to the City Council,the Council shall fix a time and place for a public hearing, at which hearing the Council shall have authority to investigate the facts set forth in said written communication from the City Manager,the City Attorney or City Clerk containing the reason for said dismissal,and determine the truth or falsity of said facts. Council shall report its findings and recommendations made as a result of such hearing,and cause a copy of said findings to be delivered to the City Manager,the City Attorney or City Clerk and file the original with the City Clerk. The dismissed appointee or employee in such cases shall have the right to file with the Council a written reply or answer to any charges filed by the City Manager,the City Attorney or the City Clerk. All written documents, including the City Manager's,the City Attorney's or the City Clerk's written reasons for such dismissal, and the reply of the dismissed appointee or employee,the findings and decisions of the Council,and any documentary evidence used at the hearing shall be filed with the proper office of the City as,public records, open for inspection at any time.Nothing herein contained,however, shall be construed as in any way limiting the authority and power of the City Manager,the City Attorney or the City Clerk to remove any appointee or employee in the Unclassified Service of the City, so appointed or employed, and all such removals shall be final and conclusive. (c) No Fi,cal Impacts. Except as expressly provided in Section 503,nothing in this Section 500 shall be construed to limit the budgetary authority of the City Council as respects the officers and employees under the supervision of the City Attorney. Sec. 501. .Administrative Departments. The City Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions performed and the department performing such.abolished functions. The City Manager shall.be responsible for the organizational structure of all departments subject to the City Manager's direction, including their divisions, sections, crews and other necessary unit components and shall, assign duties, delegate administrative powers,and provide staff for the departments for which the City Manager is responsible. Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 399 of 468 Your Selections Chula Vista,CA Page 24 of 60 The City Council shall.control by budget the number and compensation of all.positions,unless otherwise mandated by this Charter. Each department so created shall be headed by an officer designated as department head who shall.be appointed by the City Manager, subject to the approval of the City Council.. Sec. 502. City Clerk; Powers and Duties. The City Clerk shall have power and be required to: (a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose; (b) Maintain separate books,in which shall be recorded respectively all ordinances and resolutions,,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy,and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; keep all,books properly indexed and open to public inspection when not in actual use; (c) Maintain a record of all written contracts and official bonds, (d) Be the custodian of the sea],of the City-, (e) Administer oaths or affirmations,take affidavits and depositions pertaining tothe affairs and business of the City and certify copies of official records; (f) Have charge of all City elections; (g)oversee the management of all City records. Sec. 503. City Attorney: Election, Powers and Duties. (a) Designation as Qf ,fico, The City Attorney shall be an officer of the City, in addition to any other officers designated pursuant to this Charter. Except as otherwise provided by this Charter, it is the intent of the voters that the City Attorney shall be sufficiently independent of the City Council and other city officials to advise the City while also acting in the best interests of the public. (b) Powers of the City Attorney. The City Attorney shall: Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 400 of 468 Your Selections Chula Vista,CA Page 25 of 60 (1) Represent and advise the City Council and all.city officers in all.matters of law pertaining to their offices and advise all boards, commissions.,and other agencies of the City on legal matters referred to him. or her,and render written legal opinions when the same are requested in writing by the Mayor or a member of the Council.or the City Manager or any other officer,board or commission of the City-, (2) Represent and appear for the City and any city officer or employee,or former City officer or employee, in any or all actions and proceedings,in which the City or any such officer or employee in or by reasons of his or her official capacity, is concerned or is a party-, (3) Attend all regular meetings of the City Council and give his or her opinion in writing whenever requested to do so by the City Council or by any of the boards or officers of the City; (4) Approve the form of all contracts made by and all bonds given to the City, endorsing approval thereon in writing. (5) Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto; (6) Prosecute, if so directed by ordinance of the City Council,all offenses against the ordinances of the City and for such offenses against the laws of the State as may be required by law, and shall have concurrent jurisdiction.with the District Attorney of the County of San Diego to prosecute persons charged with.or guilty of the violation of the State laws,occurring within the City limits of the City of Chula Vista for offenses constituting misdemeanors; (7) Whenever a cause of action exists in favor of the City, exercise discretion as to when to commence or maintain legal proceedings, subject to the approval or ratification by the City Council,when the basis for such action.is within the knowledge of the City Attorney,or,he or she shall commence or maintain legal proceedings as directed by the City Council;and (8) Surrender to his or her successor all books,papers, files and documents pertaining to the City's affairs. The Council may empower the City Attorney, at his or her request, to employ special.legal counsel, and he or she shall have the power to appoint appraisers, engineers and other technical and expert services necessary for the handling of any pending or proposed litigation,proceeding or other legal matter.Upon the City Attorney's recommendation and the approval of the Council,when he or she has a conflict of interest in litigation involving another office of the City in his official capacity, such other officer may retain special.legal counsel at City expense.Nothing in this Section 503 shall be construed to prevent the City Attorney from,giving confidential advice to the City when otherwise allowed by law. (c) Election; Compensation qf'City Attorney. The City Attorney shall be nominated and elected in the same manner and at the same election as the Mayor, except as otherwise provided in this section. The annual salary of the elected City Attorney shall be equivalent to the salary of a Judge of the Superior Court of the State of California. The City Attorney shall also receive reimbursement on the order of the Council for Council- authorized travel and other expenses when on official duty out of the City. The City Council may also provide, Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 401 of 468 Your Selections Chula Vista,CA Page 26 of 60 by resolution, for the payment of an allowance of a sum certain per month, as reimbursement for additional demands and expenses made upon and incurred by the City Attorney. The City Attorney's salary may not be reduced during the City Attorney's term of office, except as part of a general reduction of salaries of all City officers and employees in the same amount or proportion. In addition,the City Attorney shall be entitled to such benefits as are granted to other management employees of the City, as established by the City Council from time to time. The City Attorney shall be in the Unclassified Service. (d) Qual�ficat ions of'City Attorney. No person shall hold the Office of City Attorney, either by election or appointment,unless he,or she is a resident and registered voter of the City,licensed to practice law in all courts of the State of California and so licensed for at least seven years preceding his or her assumption of office following election under this charter. (e) Term qf ,lice f'the City Attorney. The City Attorney shall be elected to a nominal term of four years which termshall commence upon taking the oath of office and shall continue until a qualified successor takes the oath of office. The oath of office shall be administered at the first scheduled City Council meeting following certification of the election results,or as soon thereafter as practicable. The City Attorney shall be subject to the same limits on terms of service as are applicable to the Mayor and City Council under Section,300(C). (f) Vacanc , Filling oJ.' Upon the declaration of vacancy in the Office of the City Attorney,the Office of the y City Attorney shall be filled by appointment by the majority vote of the members of the Council;provided, that if the Council shall fail to fill a vacancy by appointment within sixty days after such.office shall become vacant, or if the unexpired term of the City Attorney shall exceed 24 months at the time of the appointment,the City Council shall cause a special election to be held to fill such vacancy, as provided in Section 303.C.2. An appointee or the person elected to the Office of City Attorney for the balance of an unexpired term shall bold office until a qualified successor takes the oath of office. (g) Vacancy, What Constitute,�. The Office of City Attorney shall be declared vacant by the Council when the person elected or appointed thereto fails to qualify within ten days after his or her term is to begin,dies, resigns, ceases to be a resident or registered voter of the City or absents himself or herself continuously from the City for a period of more than thirty days without permission from the Council,absents himself or herself from any seven,consecutive regular meetings except on account of own illness or when absent from the City by permission of the Council, is convicted of a felony, is judicially determined to be an incompetent, is permanently so disabled as to be unable to perform the duties of his or her office, forfeits his or her office under any provision of this Charter, or is removed from office by judicial procedure.A finding of disability shall require the affirmative vote of at least two-thirds of the members of the Council after considering competent medical evidence bearing on the physical or mental capability of the City Attorney. Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 402 of 468 Your Selections Chula Vista,CA Page 27 of 60 Sec. 503.1. Office of Legislative Counsel; Duties. Notwithstanding any other provision of this Charter,the Council may establish by ordinance the office of Legislative Counsel, as described in this section. (a) Legislative Counsel may be selected by the Council and serve at the pleasure of the Council,on terms and conditions prescribed by Council. Appointment or dismissal of the Legis,lative Counsel shall be approved by a majority vote of the Council. (b) Legislative Counsel may advise the Council regarding its legislative duties. Legislative Counsel shall neither oppose nor urge enactment of any legislation. (c) Legislative Counsel may also advise the Council regarding conflicts of interest involving the City Attorney, and whether the hiring of special counsel is therefore warranted. If the Council approves the hiring of special counsel,Legislative Counsel may assist the Council in the selection and appointment of special counsel. (d) Legislative Counsel may further advise the Council or the City's Board of Ethics concerning the City's Code of Ethics and alleged violations thereof and further may advise the City's Charter Review Commission. Legislative Counsel may also provide such other assistance to the Board of Ethics in investigating or assisting the Board in the conduct of hearings,including the hiring of special counsel to the Board. (e) The Council may further provide by ordinance that the advice of the Legislative Counsel on the matters set forth in this section 503.1 shall be in lieu of that of the City Attorney. The Counsel may additionally or alternatively provide by ordinance for the prevention or resolution of conflicts and/or disputes between the City Attorney and Legislative Counsel. Sec. 504. Director of Finance; Powers and Duties. There shall be a Finance Department headed by a Director of Finance,who shall have power and be required to: (a) Have charge of the administration of the financial.affairs of the City under the direction of the City Manager; (b) Compile the budget expense and income estimates for the City Manager-, (c) Supervise and be responsible for the disbursement of allmonies and have control over all expenditures to insure that budget appropriations are not exceeded.; audit all purchase orders before issuance;audit and Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 403 of 468 Your Selections Chula Vista,CA Page 28 of 60 approve before payment all bills, invoices,payrolls, or demands against the City government and with the advice of the City Attorney,when necessary, determine the regularity, legality and correctness of such claims, demands or charges; (d) Maintain a general.accounting system for the City government and each of its offices, departments,and agencies; (e) Keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of the appropriation,the amounts paid therefrom,the unpaid obligations against it and the unencumbered balance,require reports of the receipts and disbursements from each receiving and expending agency of the City government to be made daily or at such intervals as deemed expedient; (f) Submit to the City Council through the City Manager a quarterly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; as of the end of each fiscal year and within one hundred and twenty days thereafter, submit to the City Council a summary statement of receipts and disbursements by departments and funds, including opening and closing fund balances in.the treasury, and cause said statement to be published once in the official newspaper; (g) Collect all taxes,assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal government; or from any court or from any office, department or agency of the City, (h) Have custody of all public funds belonging to or under the control of the City or any office,department or agency of the City government and deposit all funds in such depository as may be designated by resolution of the City Council, or if no such resolution be adopted,by the City Manager,and in compliance with all the provisions of the State Constitution and the laws of the State governing the handling, depositing and securing of public funds; and (i) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. Sec. 505. Duties of Officers and Employees. The City Council,by ordinance,may assign additional functions or duties to offices,departments or agencies established by this Charter,but may not discontinue or assign to any other office,department or agency any function or duty assigned by this Charter to a particular office,department or agency. Where the positions are not incompatible,the City Council.may combine in one person the powers and duties of two or more offices created or provided for in the Charter. No office provided in this Charter to be filled by Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 404 of 468 Your Selections Chula Vista,CA Page 29 of 60 appointment by the City Manager may be combined with an office provided in this Charter to be filled by appointment by the City Council. However,the City Council may transfer or consolidate functions of the City government to or with appropriate functions of the State or County government,or may make use of such functions of the State or County government. In such case,the provisions of this Charter providing for the function of the City government so transferred or consolidated are suspended, and shall be covered by ordinance or resolution establishing such transfer or consolidation.. Any such transfer or consolidation may be repealed in like manner. Sec. 506. Administering Oaths. Each department head or deputy shall have the power to administer oaths and affirmations in connection with any official business pertaining to that department. Sec. 507. Department Heads; Appointment Powers. Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for their department or office,, subject to the civil service provisions, or as provided by ordinance of the Council as authorized by Section 500(a)of this Charter, and subject to prior approval of the City Manager. Sec. 508. Illegal Contracts; Financial Interest. No member of the City Council, department head or other officer of the City(except a member of any board or commission), shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party. No member of any board or commission shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party and which comes before the board or commission of which such person is a member, for approval or other official action or which pertains to the department,office or agency of the City with which such board or commiss,ion is connected. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 405 of 468 Your Selections Chula Vista,CA Page 30 of 60 Any contract, sale or transaction, in which there shall.be such an interest,as specified in this section, shall. become void at the election of the City,when so declared by resolution of the City Council. No member of the City Council, department head or other officer of the City, or member of any board or commission shall be deemed to be financially interested,within the meaning of the foregoing provisions,in any contract made with a corporation where the only interest in the corporation is that of a stockholder and the stock so owned shall amount to less than three percent(3%)of all of the stock of such corporation issued and outstanding. If any member of the City Council,department head or other officer of the City,or member of a board or commission shall be financially interested as aforesaid,upon conviction thereof, shall forfeit the office in addition to any other penalty which may be imposed for such violation of this Charter. Sec. 509. Acceptance of Other Office. Any elective officer of the City who shall.accept or retain any salaried public office, except as provided in this Charter, shall be deemed thereby to have vacated said office under City government. Sec. 510. Nepotism.. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more members of such City Council, provided that such prohibition shall not apply to persons who achieved permanent salaried status prior to the date upon which any such relative became elected or appointed to such City Council. No department head or other officer having appointive power shall appoint to a salaried position under the City government any person who is a relative by such appointing authority within the third degree by blood or marriage,provided that such prohibition shall not apply to persons who achieved permanent salaried position prior to the effective date of such appointing authority assuming such position, and provided the City Manager approved in writing such appointment. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 406 of 468 Your Selections Chula Vista,CA Page 31 of 60 Sec. 511. Official Bonds. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by ordinance to give such bonds.All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of a subordinate,unless such superior officer was a part to, or conspired in, such wrongful.act or omission. Sec. 512. Oath of Office. Each member of the City Council and of every board and commission and each officer,department head and full-time employee,before beginning the duties of the office, shall take, subscribe to and file with the City Clerk the required oath of office. ARTICLE VT. APPOINTIVE BOARDS AND COMMISSIONS Sec. 600. In General. There shall be the boards and commissions enumerated in this article which shall have the powers and duties set forth in this Charter. In addition,the City Council., may create,by ordinance, such boards or commissions as, in its judgment, are required and may grant to them such powers and duties as are consistent with the provisions of this Charter. Such boards and commissions shall consult with and advise the Mayor, Council or City Manager as may be provided herein or in the ordinances establishing such boards and commissions,but they shall have no authority to direct the conduct of any department. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 407 of 468 Your Selections Chula Vista,CA Page 32 of 60 Sec. 601. Appropriations and Compensation. (a) Appropriations. The City Council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such.boards and commissions. (b) Compensation. The members of boards and commissions shallserve without compensation for their services as such,but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. Sec. 602. Appointments; Terms and Vacancies. (a) Appointments and Terms. The members of each of such boards or commissions shall,be appointed,and shall be subject to removal by motion of the City Council adopted by at least three affirmative votes. The members thereof shall serve for a term of four(4)years and until their respective successors are appointed and qualified. Members of such.boards and commissions shall be limited to a maximum of two (2)consecutive terms and an interval of two (2)years must pass before a person who has served two(2) consecutive terms may be reappointed to the body upon which the member had served;provided, further,that for the purpose of this section,an appointment to fill an initial term or an unexpired term of less than two(2)years in duration shall not be considered as a term;however, any appointment to fill an initial term or an,unexpired term in excess of two(2)years shall be considered to be a full term.. (b) Initial Classification qf'Appointees. The members first appointed to such boards and commissions shall so classify themselves by lot so that each succeeding July I st the term of one(1)of their number shall expire. If the total.number of members of such body to be appointed exceeds four(4),the classification by lot shall provide for the grouping of terms to such.an extent as is necessary in order that the term of at least one(1) member shall expire on each succeeding July I st. (c) Vacancies. Vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such ten-n. If a member of a board or commission is absent from three(3)regular meetings of such body consecutively,unless by permission of such board or commission expressed in its official minutes,or is convicted of a felony or crime involving moral turpitude,or ceases to Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 408 of 468 Your Selections Chula Vista,CA Page 33 of 60 serve on more than one of the Charter-created boards or commissions simultaneously. Sec. 603. Meetings; Chairman. As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer for the ensuing year. Each board or commission shall hold regular meetings as required by ordinance of the City Council, and such special meetings as,such.board or commission may require.All proceedings shall be open,to the public, except as authorized by California Government Code sections 54950�,et seq. The affirmative vote of a majority of the entire membership of such board or commission shall be necessary for it to take any action except to adjourn. The City Manager shall.designate a secretary for the recording of minutes for each such board and commission,who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each shall have the same power as the City Council.to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Sec. 604. Oaths; Affirmations. Each member of any such board or commission shall have the power to administer oaths and affirmations in any investigations or proceedings pending before such board or commission. Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 409 of 468 Your Selections Chula Vista,CA Page 34 of 60 Sec. 605. Planning Commission. There shall be a City Planning Commission consisting of seven(7)members to be appointed by the City Council from the qualified electors of the City,none of whom shall hold any paid office or employment in the City government. The number of members to comprise the commission may be changed by ordinance of the City Council to not less than five(5)nor more than nine(9)members. The services of the Director of Public Works,City Attorney and Director of Building and Housing,or equivalent, shall be made available to such commission. Sec. 606. Planning Commission; Powers and Duties. The Planning Commission shall have the power and duty to: (a) Recommend to the City Council, after a public hearing thereon,the adoption, amendment, or repeal of a Master Plan or any part thereof for the physical development of the City; and (b) Exercise such.functions with respect to land subdivisions,planning and zoning as may be prescribed by ordinance. Sec. 607. Board of Library Trustees. There shall be a Board of Library Trustees consisting of at least five(5)members to be appointed by the City Council from the qualified electors of the City and no member of said board shall hold any paid office or employment in,the City government. The number of members to comprise the Board may be changed by ordinance of the City Council. Sec. 608. Board of Library Trustees; Powers and Duties. The Board of Library Trustees shall have the power and duty to: (a) Act in any advisory capacity to the City Council in all matters pertaining to City libraries; and Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 410 of 468 Your Selections Chula Vista,CA Page 35 of 60 (b) Recommend to the City Council the adoption.of such bylaws,rules and regulations as it may deem necessary for the administration and protection of city libraries. Sec. 609. Civil Service Commission. There shall be a Civil Service Commission.consisting of five(5)members to be appointed by the City Council from the qualified electors of the City,none of whom shall hold any salaried City office or employment. The members of the Civil Service Commission shall be nominated and appointed in the following manner: Two members shall be appointed by the City Council from a list of persons to be nominated by election of the employees in the Classified Service, two(2)members shall be appointed by the City Councildirectly, and the fifth shall be appointed by the City Council from a list of three(3persons nominated by the four(4)thus appointed.The successor of any member of the Commission shall be nominated and appointed in the same manner as such member was nominated and appointed. Sec. 610. Civil Service Commission; Powers and Duties. The Civil. Service Commission shall have power and be required to: (a) Recommend tothe City Council after a public hearing thereon, the adoption, amendment or repeal of civil service rules and regulations not in conflict with this article; (b) Hear appeals of any person in the Classified Service relative to any suspension, demotion or dismissal; (c) Conduct any investigation which it may consider desirable concerning the administration of personnel, in, the municipal service and report its,findings to the City Council;and (d) Such other duties and powers as the City Council may,by ordinance or resolution, confer upon the Commission in order to carry out the principles of civil service in accordance with the laws of the State of California and this Charter and to assist in the implementation of proper employer-employee relations. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 411 of 468 Your Selections Chula Vista,CA Page 36 of 60 Sec. 611. Parks and Recreation Commission. There shall be a Parks and Recreation Commission consisting of at least five(5)members to be appointed by the City Council from the qualified electors of the City and no member of said Commission shall hold any paid office or employment in the City government. The number of members to comprise the commission may be changed by ordinance of the City Council. In the event the City Council contracts with other agencies interested in recreation and parks for joint exercise of any such functions, such contract may provide for representation on the Commission of representatives of such agencies during the existence of such contract or extensions thereof. Sec. 612. Parks and Recreation Commission; Powers and Duties. The Parks and Recreation Commission shall have the power and duty to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks,recreation and playgrounds; (b) Consider the annual budget for parks and recreation purposes during the process of its,preparation and make recommendations with respect thereto to the City Council and the City Manager, and (c) Assist in the planning of a recreation program for the inhabitants of the City,promote and stimulate public interest therein and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 412 of 468 Your Selections Chula Vista,CA Page 37 of 60 ARTICLE VII. CIVIL SERVICE Sec. 700. Merit Principle. Appointments and promotions in the Classified Service of the City shall be made according to merit and fitness and from.eligible lists to be established in accordance with civil service rules and regulations adopted in, the manner provided in this Charter. Sec. 70 1. Unclassified and Classified Service. The Civil Service of the City shall be divided into the Unclassified and the Classified Service. (a) Unclassified Service. The Unclassified Service shall include the following officers and positions: (1) All elective officers; (2) City Manager,Assistant City Manager, Deputy City Manager, Director of Finance,City Clerk,City Attorney,Assistant or Deputy City Attorneys,a private secretary to the City Manager,a private secretary to the Mayor and Council, a private secretary to the City Attorney, department heads; or as provided in Section 500 of this Charter. (3) All members of boards and commissions; (4) Positions in any class or grade created for a special or,temporary purpose and which may exist for a period of not more than ninety(90)days in any one calendar year; (5) Persons employed to render professional, scientific,technical or expert service of any occasional and exceptional character-, (6) Part-time employees paid on an hourly or per them basis,- and (7) Persons employed to fill positions which have been created for work and/or projects funded entirely or in part by grants,made to the City or as provided and as designated by the City Council.pursuant to Section 500 of this Charter. Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 413 of 468 Your Selections hula Vista,CA Page 38 of 60 (8) The City may place Assistant and Deputy Department Heads, Assistants to the City Manager and new management level positions in the Unclassified service by an ordinance adopted by a four-fifth's vote. (b) Classified Service. The Classified Service shall.comprise all positions not specifically included by this section in the Unclassified Service. Sec. 702. Rules and Regulations. The Civil Service rules and regulations shall provide for the following matters,in addition to such others as the Civil Service Commission may deem necessary,proper or expedient to carry on the intent and purpose of the Civil,Service provisions of this Charter. (a) The classification of all positions in the classified service. (b) The selection, employment, advancement, suspension, demotion, discharge and retirement of all persons in the Classified Service. (c) The recruitment of applicants for City positions,through public advertisement inviting applications,and by the establishment of lists according to the merit and fitness of the applicants,to be determined by free examinations in accordance with such rules. The holding of promotional examinations to fill vacancies where promotional,examinations are practicable in the opinion of the Civil Service Commission. (d) The certification of three names standing highest on the eligible list to the appointing authority to fill a position in the Classified Service, unless the Civil Service Commission,with the consent of the appointing power, authorized the certification of less than three names on an eligible list and,in the opinion of such Commission and such appointing power, conditions warrant such action. Sec. 703. .Appointments from Classified Service Positions. In the event an officer or employee of the City holding a position in the Classified Service is appointed to a position in the Unclassified Service,and should within six months thereafter be removed or resign therefrom the officer or employee shall revert to their former position in the Classified Service without loss of any rights or privileges and upon the same terms and conditions as thoughservice had been,continuous in said position. Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 414 of 468 Your Selections hula Vista,CA Page 39 of 60 Sec. 704. Temporary Appointments. (a) Temporary appointments to the head of any department where a vacancy may occur shall be made by the City Manager, subject to Council approval. (b) Temporary appointments shall be made by the bead of each department in which such a vacancy may occur, subject to the approval of the City Manager, of persons not on the eligible list in the event that no eligible list has,been prepared for this position,,or that those on the eligible list are not immediately available, or during the suspension of an employee or officer, or pending final action on proceedings to review a suspension, demotion or dismissal of an employee or officer. Such temporary appointments shall not continue for a longer period than six months.No credit shall be allowed in the giving of examinations,for service rendered under a temporary appointment. Sec. 705. .Abolishment of Positions. Whenever in the judgment of the City Council it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists,the City Council may abolish any position or employment in the Classified Service and discharge or reduce the position or employment. Should such employee or officer holding such position or employment involving all or the major part of the same duties be reinstated or created within two years,the employee or officer discharged or reduced shall be appointed thereto in preference to any other qualified persons on.the eligible list for such position. Sec. 706. Contract for Performance of Administrative Functions. The City Council may contract with.the governing body of a city or county within this state,or with a state department or other public or private agency for the preparation or conducting of examinations,for positions in the City service or for the performance of any other personnel administration service. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 415 of 468 Your Selections Chula Vista,CA Page 40 of 60 Sec. 707. Improper Political Activity. No elective or appointive officer or employee of the City of Chula Vista,whether employed in the Classified or Unclassified Service, shall: (a) Directly or indirectly use,promise,threaten.or attempt to use any official influence in the aid of any partisan political activity, or to affect the result of any election to partisan or political office or upon any other corrupt condition or consideration; (b) Solicit or coerce from any other officer or employee of the City of Chula Vista, any political assessment, subscription or contribution; (c) Use any office or position with the City in any activity in support or opposition to any person running for the City of Chula Vista Council, Mayor,or City Attorney. Nothing in this article shall be construed to prevent any such officer or employee from becoming or continuing to be a member of a political club or organization, or from attendance at a political meeting,or from enjoying entire freedom from all interference in casting their vote or from seeking or accepting election or appointment to public office. Any willful violation thereof or violation through culpable negligence shall be sufficient grounds to authorize the discharge of an officer or employee. No person in,the Classified Service, or seeking admission thereto, shall be employed,promoted, demoted or discharged, or in any way favored or discriminated against because of politicalopinions,or affiliations or because of race or religious belief, except that no one shall be eligible to hold a position with this City who advocates the overthrow of our form of government by force or violence. ARTICLE VIII. RETIREMENT Sec. 800. State System. Plenary authority and power are hereby vested in the City, its City Counciland its,several officers,, agents and employees to do and perform any act,or exercise any authority granted,permitted, or required under the provisions of the State Employees' Retirement Act,as it now exists or may hereafter be amended,to enable said City to continue as a contracting city participating in the said retirement system. The City Council may terminate any such contract with the Board of Administration of the State Employees' Retirement System only Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 416 of 468 Your Selections hula Vista,CA Page 41 of 60 under authority granted by ordinance adopted by a majority vote of the electors of the City,voting on such proposition at any election at which such proposal is presented. ARTICLE IX. ELECTIONS, Sec. 900. Primary Municipal Elections; Terms. Primary municipal elections for the election of Mayor Councilmembers, and City Attorney,and for such. purposes as the City Council may describe shall be held in the City of Chula Vista on the same date in,each election year as the California State primary elections. Sec. 900.5 General Municipal Elections; Terms. General municipal elections for the election of Mayor Councilmembers,and City Attorney, and for such purposes as the City Council may describe shall be held in the City of Chula Vista on the same date in,each election year as the California State general elections. Sec. 90 1. Special Municipal Elections. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 417 of 468 Your Selections hula Vista,CA Page 42 of 60 Sec. 902. Procedure for Holding Elections. Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended, for the holding of elections in general law cities so far as the same are not in conflict with this Charter. Said elections may, at the discretion of the City Council,be conducted by means of a mailed ballot. Sec. 903. Initiative, Referendum and Recall. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended governing the initiative and referendum and of the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with this Charter. Sec. 904. Regulations of Campaign Contributions. It is the policy of the City to avoid the potential for undue or improper influence over elected officials resulting from excessive campaign contributions. In furtherance of that purpose,the City Council shall adopt reasonable regulations,related to campaign contributions which shall be contained in the City Code. ARTICLE X. FISCAL ADMINISTRATION Sec. 1000. Fiscal Year. The fiscal year of the City government shall begin on the first day of July each year and end on the thirtieth day of June of the following year. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 418 of 468 Your Selections Chula Vista,CA Page 43 of 60 Sec. 1001. Annual Budget. Preparation by the City Manager. The City Manager shall set a date for obtaining from each department head or other responsible City officer estimates of revenues and expenditures for the particular department or office detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget,the City Manager shall review the estimates and confer with the party submitting such estimates and revise such estimates as deemed advisable. Sec. 1002. Budget. Submission. to the City Council. At least thirty-five days prior to the beginning of each fiscal year,the City Manager shall submit the proposed budget to the City Council. After reviewing same and making such revisions as it may deem advisable,the City Council shall determine the time for the holding of a public hearing thereon and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Sec. 1003. Budget. Public Hearing. At the time so advertised,or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be givensuch opportunity. Sec. 1004. Budget. Further Consideration and Adoption. After the conclusion of the public hearing,the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before June 30, it shall adopt the budget with revisions, if any,by the affirmative votes of at least three members.Upon final adoption,the budget shall be in effect for the ensuing fiscal year.A copy thereof, certified by the City Clerk, shall be filed with the person retained by the City Council to perform auditing functions for the Council and a further copy shall be placed and shall remain,on,file in the Office of the City Clerk where it shall be available for inspection. The budget so certified shall be reproduced and copies made available for the use of departments,offices and agencies of the City. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 419 of 468 Your Selections Chula Vista,CA Page 44 of 60 Sec. 1005. Budget. Appropriations. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named.All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been.expended or lawfully encumbered except appropriations for specific capital projects incomplete at the end of the fiscal year. At any meeting after the adoption.of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least four members. Sec. 1006. Tax Limits. The tax limit for any ad valorem tax on real property shall be as prescribed by Article X111A of the Constitution of the State of California. Sec. 1007. Tax System. The procedure for the assessment, levy and collection of taxes upon property,taxable for municipal purposes may be prescribed by ordinance of the City Council. Sec. 1008. Bonded Debt Limit. The City shall not incur an,indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen percent(15%)of the total assessed valuation, for the purposes of City taxation,of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of two-thirds of the electors voting on such proposition at any election at which the question,is submitted to the electors and unless in full compliance with the provisions of the State Constitution and of this Charter. No bonds payable out of any revenues of the City or of any department thereof, shall be issued without assent of a majority of the voters voting upon the proposition of issuing the Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 420 of 468 Your Selections hula Vista,CA Page 45 of 60 same, at an election.at which suchpropositions shall have been duly submitted to the qualified electors of the City. The City may issue bonds,notes or other obligations,any portions of the proceeds of which will be used to finance in whole or in part the acquisition,construction, equipping or improvement of any public utility, industrial or commercial facility and which will be payable in whole or in part out of any revenues,derived from the operation of such public utility system or payments received fromsuch industrial or commercial facility without the assent of the voters provided that neither the faith and credit of the City or any department thereof nor the taxing power of the City is pledged to the payment of principal or interest of such bonds,notes or other obligations. Sec. 1009. Contracts on Public Works. When the City contracts for the construction.,reconstruction, improvement or repair(excluding routine maintenance)of public buildings, streets, drains, sewers, utilities,parks,playgrounds and similar public facilities (each a"Public Work"and collectively,"Public Works"),the furnishing of labor, supplies,materials, equipment or other contractual services for same shall be done by written contract approved as to form and legality by the City Attorney. The City Council shall.,by ordinance, adopt specific policies and procedures for the award of Public Works contracts. This ordinance must contain provision for the following: (a) City Council reservation of authority to approve what it defines as"major"contracts or"special"' contracts,based on factors such as contract cost, value or other relevant factors; (b) Competitive bid processes for all contracts,with formal advertisement for bids and sealed bids required for all "major"contracts; (c) The award of contracts to the lowest responsive and responsible bidder, (d) The ability to reject any and all bids,to re-advertise for bids, or to waive minor defects in any bid,where determined by the designated contract-approving authority that such action is necessary or appropriate for the benefit of the public-, (e) Emergency authority to waive the applicable competitive bid process requirements if the City Manager determines that the work required is of urgent necessity for the preservation of life,health or property; and (f) Such other provisions consistent with this section as may be necessary or appropriate to implement a Public Works procurement process that is consistent with best practices. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 421 of 468 Your Selections Chula Vista,CA Page 46 of 60 The ordinance may also provide for one or more exceptions to the approval and competitive bid processes described in a. through c., above,provided that any such exception is implemented as part of a City-wide policy or program that has been approved and determined to be in the best overall interests of the City by at least four affirmative votes of the City Council. Notwithstanding any provisions of this Charter to the contrary,the City may employ a design-build process for the construction,reconstruction or repair of public works. .A "design-build process"shall mean a process in which the design and construction of a project are procured from a single entity. Prior to employing the design- build process,the City shall establish,by ordinance, specific procedures and standards to be used to solicit, qualify, evaluate and select design-build proposals by competitive bid or negotiation,process. Sec. 1010. Centralized Procurement System and Competitive Bidding for Non-Public Works. The following provisions shall applywith respect to the procurement of non-public works: (a) A centralized purchasing system shall be established for the purchase, lease or other acquisition of all property, supplies, materials or equipment required by all City departments, offices and agencies. (b) The City Manager shall.recommend and the City Council.shall consider and adopt,by ordinance, rules and regulations governing the purchase, lease or other acquisition of all such property, supplies,materials and equipment. (c) The ordinance described in subsection (b), above, shall include provisions for competitive bidding. It shall also include such.other provisions as may be necessary or appropriate to implement a procurement process that is consistent with best practices. The ordinance may also provide for one or more exceptions to the competitive bidding procedures,provided that any such exception is implemented as part of a City-wide policy or program that has been approved and determined to be in the best overall interests of the City by at least four affirmative votes of the City Council. Sec. 10 11. Property Storage, Distribution, Inventory and Disposition. The City Manager shall establish a centralized system for the storage,distribution and inventory of all City property. The City Manager shall also prepare and recommend for City Council approval policies and procedures for the disposition,of surplus City property. Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 422 of 468 Your Selections Chula Vista,CA Page 47 of 60 Sec. 1012. Cash Basis Fund. (Repealed 11/5/85) Sec. 1013. Capital Outlays Fund. A fund for capital,outlays generally is hereby created to be known as the"Capital.Outlays Fund". The City Council may create,by ordinance, a special fund or funds for a special capital outlay purpose. The City Council may levy and collect taxes for capital outlays and may include in the annual.tax levy a levy for such purposes, in which.event it must apportion and appropriate to any such fund or funds the monies derived from such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at which such question is submitted. The City Council may transfer to any such fund any unencumbered surplus funds remaining on hand in the City at any time. Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital outlays generally,then for any such purposes, and if for a special capital outlay,then for such purpose only, unless the use of such fund for some other purpose is authorized by the affirmative votes of a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. If the purpose for which any special capital outlay fund has been created has been accomplished,the City Council may transfer any unexpended or unencumbered surplus remaining in such fund to the fund for capital outlays generally, established by this Charter. Sec. 1014. Departmental Trust Fund. The City Council shall prescribe,by ordinance, for the setting up of a"Departmental Trust Fund"into which the collections of the various departments,offices and agencies shall be deposited daily by the respective officers handling the receipt of such collections. Withdrawals from such fund may be made by the Director of Finance only on order signed by the proper department or division head. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 423 of 468 Your Selections Chula Vista,CA Page 48 of 60 Sec. 1015. Presentation of Demands. Any demand against the City must be in writing and may be in the form of a bill, invoice,payroll, or formal demand. Each such demand shall be presented to the Director of Finance,who shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which.the same may be charged,the Director of Finance shall approve such demand and draw a warrant on the City treasury therefor,payable out of the proper fund. Objections of the Director of Finance may be overruled by the City Council and the warrant ordered drawn. Sec. 101 . Registering Warrants. (Repealed 11/5/85) Sec. 1017. Independent Audit. The City Council shall.employ, at the beginning of each fiscal year, a qualified accountant who, at such time or times as may be specified by the City Council, shall.examine the books,records, inventories and reports of all officers and employees who receive, handle or disburse public funds and all such other officers,employees or departments as the City Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report shall be made by such accountant directly to a meeting of the City Council. One detailed copy shall be submitted to each member, one to the City Manager, Director of Finance and City Attorney,respectively, and one additional.copy to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public. ARTICLE XI. BOARD OF EDUCATION (Deleted 1,1/5/85) Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 424 of 468 Your Selections Chula Vista,CA Page 49 of 60 ARTICLE XII. FRANCHISES, Sec. 1200. Granting of Franchises. Any person, firm or corporation furnishing the City or its inhabitants,with transportation,communication, terminal facilities,water, light,heat, gas,power,refrigeration, storage or other public utility or service, or using the public streets,ways, alleys, or places for the operation of plants,works, or equipment for the furnishing thereof or traversing any portion of the City for the transmitting or conveying of any such service elsewhere,may be required by ordinance to have valid and existing franchises therefor. The City Council is empowered to grant such franchise to any person, firm or corporation, whether operating under an existing franchise or not. The City Council may prescribe the terms and conditions of any such grant. It may also provide by procedural ordinance,the method of procedure and additional terms and conditions of such grants, or the making thereof, subject to the provisions of this Charter.Nothing in this section or elsewhere in this article shall apply to the City,or any department thereof,when,furnishing any such utility or service. Sec. 1201. Resolution of Intention. Notice and Public Hearing. Before granting any franchise,the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee,the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution.shall fix and set forth the day,hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once,within fifteen days of the passage thereof. Said notice shall be published at least ten days prior to the date of hearing. At the time set for the hearing,the City Council.shall proceed to hear and pass upon all protests and modify the proposed terms and conditions, if desired,and its decision thereon shall be final and conclusive. Thereafter, it may grant or deny the franchise on the terms and conditions specified in the resolution of intention to grant the same,or as modified, subject to the right of referendum of the people. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 425 of 468 Your Selections Chula Vista,CA Page 50 of 60 Sec. 1202. Term of Franchise. Every franchise,other than an indeterminate franchise, shall state the term for which it is granted,which shall not exceed twenty-five years. A franchise grant may be indeterminate, that is to say, it may provide that it shall.endure in full force and effect until the same,with the consent of the Public Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California,or some municipal or public corporation,thereunto duly authorized by law, shall purchase, or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situate within the territoriallimits of the state, municipal or public corporation purchasing or condemning such. property,or until the franchise shall be forfeited for noncompliance with its terms by the possessor thereof. Sec. 1203. Grant to be in Lieu of all Other Franchises. Any franchise granted by the City hereunder with respect to any given utility service shall be in lieu of all other franchises,rights or privileges owned by the grantee,or by any successor of the grantee to any right under such franchise granted hereunder, for the rendering of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 191 L The acceptance of any franchise hereunder shall operate as an abandonment of all such other franchises,rights and privileges within the limits of the City as such limits shall at any time exist. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee thereof with the City Clerk. Such acceptance shall be filed within ten days after the adoption of the ordinance granting the franchise,or any extension thereof granted by the City Council, and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate with, additional territory, any and all franchises,rights and privileges,owned by the grantee therein, except a franchise derived under said Constitutional provision, shall. likewise be deemed to be abandoned within the limits of such.territory. No grant of any franchise may be transferred or assigned by the grantee except by consent in,writing of the City Council and unless the transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordinance and by this Charter. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 426 of 468 Your Selections Chula Vista,CA Page 51 of 60 Sec. 1204. Eminent Domain. No franchise grant shall in any way,or to any extent,impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing therein contained shall be construed to contract away or to codify or to abridge, either for a term or in perpetuity,the City's right of eminent domain with respect to any public utility. Sec. 1205. Duties of Grantees. By its acceptance of any franchise hereunder,the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant, or by procedural ordinance and shall further agree to: (a) Comply with all lawful ordinances,rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its police power governing the construction,maintenance and operation of its plants, works,or equipment; (b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise; (c) Indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under such franchise; (d) Remove and relocate without expense to the City any facilities installed,used and maintained under the franchise if and when made necessary by any lawful,change of grade, alignment or width of any public street, way, alley or place,including the construction of any subway or viaduct or if the public health, comfort, welfare, convenience or safety so demands; and (e) Pay tothe City during the life of the franchise a percentage to be specified in the grant of the gross annual. receipts of the grantee within,the limits of the City,or such other compensation as the City Council may prescribe in the grant. Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 427 of 468 Your Selections Chula Vista,CA Page 52 of 60 Sec. 1206. Exercising Rights without Franchise. The exercise by any person, firm,or corporation of any privilege for which a franchise is required,without possessing a valid and existing franchise therefor, shall be an infraction and shall be punishable in the same manner as violations of this Charter are punishable and each day that such condition continues to exist shall constitute a separate violation. ARTICLE XIII. MISCELLANEOUS, Sec. 1300. Definitions. Unless the provision or the context otherwise requires, as used in this Charter: (a) "Shall." is mandatory, and"may"is permissive. (b) "-City")is the City of Chula Vista,and"department","board", "commission", "agency","officer",or ``employee", is a department,board, commission, agency, officer or employee, as the case may be, of the City of Chula Vista. (c) "County"is the County of San Diego. (d) "State" is the State of California. Sec. 1301. Violations. Every act punishable by fine or penalty shall be by ordinance. The violation of any provision of this,Charter shall be deemed an infraction and shall be punishable upon conviction by a fine of not more than $50 within a one-year period, $100 for a second offense within a one-year period and$250 for a third offense within a one- year period. Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 428 of 468 Your Selections Chula Vista,CA Page 53 of 60 Sec. 1302. Validity. If any provision of this Charter, or the application thereof to any person or circumstances is held invalid,the remainder of the Charter, and the application of such provisions to other persons or circumstances, shall not be affected thereby. LEGISLATIVE HISTORY Introduction. The City Charter of the City of Chula Vista was adopted by the electorate on November 8, 1949 and was totally revised and renumbered as adopted by the electorate on June 6, 1978., Following is a legislative history of all amendments, additions and repeals of sections of the City Charter through November 4, 20 14. All dates referred to herein are dates of elections wherein said amendments, additions or repeals were enacted by the electorate except for the initial Charter enactments which were established by ratification of the Legislature on December 15, 1949.The legislative history does not reflect the general housekeeping amendments undertaken subsequent to the election of June 6, 1978 at which time the City Clerk was authorized to eliminate all references to male and female pronouns. SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER 100 101 102 103 6-6-78 104 104 6-6-78 106 6-6-78' 105 200 201 6-6-78 300 4-12-66 4-17-73 4-9-74 6-6-78 11-2-82 Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 429 of 468 Your Selections hula Vista,CA Page 54 of 60 SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER 11-6-84 11-5-85 6-2-92 11-3-92 1.1-(17-06 1.1-(16-1.2 1.1-04-1.4 300.5. 11-06-12 new 302 4-1 O-62 12-3-02 4-12-66 4-9-68 6-6-78 11-8-88 3-7-00 303 4-14-64 4-12-66 4-11-72 6-6-78 11-3-92 3-26-96 1.1-(17-06 11-04-14 304 4-12-66 12-3-02 6-6-78 11-6-79 11-2-82 11-8-88 3-7-00 4-12-66 305 6-6-78 305 305.56-06-06 new 305.6 6-06-06 new 306 307 6-6-78 11-8-88 Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet, Page 430 of 468 Your Selections hula Vista,CA Page 55 of 60 SECTION DATE AMENDED DATE ADDED DATE REPEALED ED PR.FVI US NUMBER 308 4-1.3-76 1.1-2-82 309 6- -7 31 31.1 11-4-86 11-8-88 3 1 2 6-6-78 313,314,315,317 1.1-7-7 1.1- -8 31.3 - -7 318 6-6-78 31 400 11-3-70 4-12-77 401 11-3-70 4-1.2-77 402 1.1-3-70 403 1.1-3-70 6-6-78 404 500 4-9-68 4-1.1-72 5-27-75 1.1-2- 2 1.1-6-84 1.1-4-200 501 11-3-70 4-1.1-72 502 1.1-5- 5 503 4-9-6 4-09-68 504 1.1-4-20+ 8 -5-201.2 Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet Page 431 of 468 Your Selections hula Vista,CA Page 56 of 60 SECTION DATE AMENDED DATE ADDED DATE REPEALED ED PR.FVI US NUMBER 503.1 -5-2012 New 504 11-3-70 505 1.1-5-85 505 50 506 507 507 5-27-75 508 508 509 509 510 510 4-14-64 511. 511 512 512 4-9-68 51.3 600 11-3-70 1 6- -7 602 1.1-3-70 6- -7 11-8-88 1.1-3- 2 1.1-7-00 11-3-70 603 603 604 604 606 6- -78' 605 605 607 606 608 607 1.1-6- 0 609 608 4-11-72 610 609 4-1.2-66 611. Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet Page 432 of 468 Your Selections hula Vista,CA Page 57 of 60 SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER 4-12-77 610 4-9-68 612 1.1-3-70 611 4-9-68 613 612 614 4-10-62 4-9-68 615 4-14-70 700-716 700 800 701 4-9-68 801 11-3-70 11-6-84 702 4-1 O-62 803 4-11-72 4-13-76 703 804 704 4-1 O-62 805 4-11-72 705 806 706 808 707 4-9-68 809 800 900 4-9-68 802 1810 4-17-73 4-13-76 807 4-9-68 900 11-3-70 1000 6-6-78 11-2-82 11-4-8 Latest amendments were approved by the electorate on 2020-07-14 Agenda Packet, Page 433 of 468 Your Selections hula Vista,CA Page 58 of 60 SECTION DATE AMENDED DATE ADDED DATE REPEALED ED PR.FVI US NUMBER 6-2- 2 1.1-8-94 901 1001. 902 1.1-3-81 1002 903 1(103 904 11-8-88 1000 1.100 1001 11-2-82 1101. 1002 1102 1003 1103 1004 1.104 1005 4-1.1-72 1.105 1 006 5-27-75 1106 1.1-2-82 1007 1107 1008 4-1.2-77 1108 1.1-2-82 1009 4-9-68 1.10 4-14-70 5-27-75 1.1-2-82 1.1-3- 2 3-7-00 1.1-(14-1.4 1010 1.1- 4-1.4 1110 101111 1111. 1012 11-5-85 1112 1013 1113 1014 1.1-2-82 1.1.1.4 Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet Page 434 of 468 Your Selections Chula Vista,CA Page 59 of 60 SECTION DATE AMENDED DATE ADDED DATE REPEALED ED PR.FVI US NUMBER 1015 1.1-2- 2 1115 101+ 11-5- 5 1.116 101.7 1118 1.100 4-14-64 11-5-85 1200. 4-1.2-66 1101 4-12-6 11-5- 5 1201. . 1.102 - -7 11-5- 5 1202. 1.1 O3 4-14-64 11-5- 5 1203. 6-6-78 1117 1200 1400 12+ 1 11-3- 7 1.401. 12+ 2 1402 1203. 1403 12204 1404 12+ 5 1405 120+ 1.406 4-14-64 1300 1300 1500 1.3+ 1 6- -78 1.501. 13+ 2 1502 'Section 615 1s not a part of the original 1949 Charter. Latest amendments were approved by the electorate on . Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet Page 435 of 468 Your Selections Chula Vista,CA Page 60 of 60 Recommended by Charter Committee 1949. Approved by a.special election,November 8, 1949,with.ca,vote of 206$YES to l 101 NO,presented to the douse by Assemblyman:Ralph R. Cloyed and to the Senate b Senator bred H. draft. ratified by the legislature of the State of California on december 15, 1949. WE,THE PEOPLE SLE OF THE CITY OF C T,LA VISTA, STATE OF CALIFORNIA, DO ORDAIN AND ESTABLISH THIS CHARTER AS THE ORGANIC LAW OF SAID CITY UNDER THl CONSTITUTION OF SAID STATE. Note: This site does not support Internet Explorer. To view this site, Cade publishing Company recommends using one of the following browsers: Google Chrome,Firefox,or Safari. ,city,Website: wvw.chulavistaca. av Code Publishing Company Latest amendments were approved by the electorate on. 2020-07-14 Agenda Packet Page 436 of 468 zmr, ..' l IN III itil v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 14,2020 File ID: 20-0268 ,TITS Resolution of the City Council of the City of Chula Vista Approving a $1.5 Million Small Business Grant Program (Chula Vista CARES) to Reimburse the Costs of Business Interruption Caused by required Closures due to the COVIN-19 Pandemic RECOMMENDED171 Council adopt the resolution. SUMMARY On March 27, 2020, the President signed into law the Coronavirus Aid, Relief and Economic Security Act, more commonly known as the CARES Act, which authorizes $2.1 trillion in federal relief. Included in the CARES Act is the Coronavirus Relief Fund (CIF) that provided $'150 billion to states and those local municipalities with populations,greater than 500,000 based on a specific formula. Regionally,the County of San Diego received $334 million and the City of San Diego approximately $249 million. Cities and Counties with populations fewer than: 500,000, including the City of Chula Vista, did not directly receive CARES pct CRF funding from the federal government. On May19, 2020 the County Board of Supervisors approved allocation of$,25 million in CARES Act CRF monies to 17 cities in San Diego County,not including the City of San Diego. The allocation of this $2 5 million was determined based on a population formula. Eased on the Cites population,the City of Chula Vista received$4,842,695 in CARES Act CRF funds through the County of Sara Diego. On June 23, 2020,the City Council appropriated $4,842,+ 95 in CARES Act CRF monies to the General Fund. As part of this action,the City Council approved$1.5 million to Economic Development Recovery Grants for Small Businesses to provide economic relief and assist at-risk businesses in rebounding from the economic impacts of COVIN-19. Staff has prepared a"Program Summary" and "Eligibility Requirements"for a small business grant program to deploys $1.5 million dollars to businesses with ten or fuser employees that experienced business interruption and were forced to remain closed for periods extending beyond 60 days. ENVIRONMEN'TAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a"Project" as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant 1 . 0 0 1 Pii3ge I 1 2020-07-14 Agenda Packet, Page 437 of 468 to Section 15060(c)(3) oft e State CEQA Guidelines,the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the, activity qualifies for an Exemption pursuant to Section 15 0 6 1(b)(3) of the California Environmental Quality Act State Guidelines.Thus,no environmental review is required. BOARDXOMMISSION/COMMIT rEE RECOMMENDA"TION Not applicable. DISCUSSION On March 27, 2020, the President signed into law the Coronavirus Aid, Relief and Economic Security Act, more commonly known as the CARES Act, which authorizes $2.1 trillion in federal relief. Included in the CARES Act is the Coronavirus Relief Fund (CRF) that provided $150 billion to states and those local municipalities with populations greater than 500,000 based on a specific formula. Regionally,the County of San Diego received $334 million and the City of San Diego approximately$249 million. Cities and Counties %_0 9 with populations fewer than 500,000, including the City of Chula Vista, did not directly receive CARES Act CRF funding from the federal government. On May 19, 2020 the County Board of Supervisors approved allocation of$,25 million in CARES Act CRF monies to 17 cities in San Diego County,not including the City of San Diego. The allocation of this $2 5 million was determined based on a population formula. Based on the City's population,the City of Chula Vista received$4,842,695 in CARES Act CRF funds through the County of San Diego. On May 5, 2020, in response to the ongoing COVIN-19 pandemic, the City Council unanimously passed the City's COVID-,19 90-Day Economic Recovery Plan. One tenet of this plan is a direct financial assistance program for small businesses. Small businesses in Chula Vista are defined as those with ten or fewer employees.Of the 16,022 active business licenses in the City, 15,23 1,or 95,%are small businesses with 7,554 being home-based businesses. Small businesses have been particularly impacted by business interruption caused by forced or mandatory closures resulting from COVIN-19,which began on March 19, 2020, when the Governor issued Executive Order N-33-2,0,also known as the Stay at Home Order. On June 23, 2020,the City Council appropriated $4,842,6,95 in CARES Act CRF monies to the General Fund. As part of this action,the City Council approved$,1.5 million to Economic Development Recovery Grants for Small Businesses to provide economic relief and assist at-risk businesses in rebounding from the economic impacts of COVIN-19. Some of the businesses most negatively impacted by COVIN-19 are those that experienced business interruption by closing beyond 6O days.These include dine-in restaurants and personal services such as nail salons, barber shops facial salons,body art and massage therapy. Many of these businesses have operating reserves to sustain themselves for weeks, not months. The proposed grant program was developed to provide economic relief to these small businesses,which have experienced the greatest financial hardship as a result of business interruption caused by the COVIN-1.9 pandemic. P 2 2020-07-14 Agenda Packet, Page 438 of 468 Ninety-five percent of Chula Vista businesses are designated as small businesses with 10 or fewer employees. These businesses have experienced unprecedented financial challenges as a result of the business interruption caused by the COVID-19 pandemic, Which in turn resulted in operational restrictions imposed by Governor Newsom',s Statewide Stay-at-Home Order which went into effect on March 19, 2020. Since that date, select businesses have been able to reopen incrementally with appropriate social distancing and sanitation protocols in place.The sequencing of business re-openings and their related closure durations are, outlined as follows: Re-opening allowed May 8,2020(50-du, closure): - Retail - Manufacturing - Offices (where teleworking was not possible) - Outdoor museums Re-opening allowed May 27,2020(69-day closure).- Dine-,in restaurants (previously only take-out and delivery allowed) Hair salons and barbershops Re-opening allowedjune 12,20'20(85-day closure): Movie theaters and family entertainment centers Restaurants,wineries and bars Zoos and museums Gyms and fitness centers Hotels (for tourism and individual travel) Cardrooms and racetracks Family entertainment facilities (bowling alleys,batting cages,etc.) Film and television production Re-opening allowed uric 19,2020(92-day closure): Nail salons Facial salons Cosmetology Body art including tattoos and body piercings Massage therapy in non-healthcare settings The following businesses are still not permitted to re-open in San Diego County or statewide: - Indoor playgrounds - Live theater - Saunas and steam rooms - Nightclubs - Concert venues - Festivals - Theme parks P 3 2020-07-14 Agenda Packet, Page 439 of 468 Higher education (in-person) In light of COVID-19,a number of funding programs have been made available to businesses to assist in their recovery.These include federal programs such as the Economic Injury Disaster Loan Program and the Payroll Protection Program. On a local level, the South County Economic Development Council administered an Emergency Business Loan Program, which made available $5,000 no-interest loans to food-serving establishments that remained open and continued to serve meals. Additionally, the City of San Diego administered a Small Business Revolving Loan Fund which made $2.1 million available to small businesses located either in the City of San Diego or the City of Chula Vista. In order to qualify for loans up to $20,000, businesses must have been able to demonstrate, that they maintained a full-time equivalent employee on payroll during the pandemic that was not an owner of the business.As a result of this eligibility requirement, many businesses that were "non-essential"and closed,did not qualify for the loan program. In developing a grant program using CARES Act CRF funding, staff focused on doing so from an inclusive economic development lens targeting businesses that were left out of other grant and loan programs to offset existing inequities. As a result, staff recommends making the grant funding available to businesses that are part of the "missing middle" and did not qualify for other funding programs that were made available at the regional,state and federal level. Out of the approximately 16,,000 business licenses,staff estimates that there are over 4,000 businesses in Chula Vista, that would qualify for financial assistance under the proposed eligibility requirements. The $1.5 million in CARES funding is estimated to be able to assist approximately ten percent of those businesses that experienced business interruption and were required to close for two to three months.In order to deploy these funds to meet the timing requirement of the County which requires all funds to be spent by September 30, 2020, staff proposes a streamlined process to directly reimburse business interruption costs. All businesses have rent to pay, and whether they paid these expenses while they were closed or were unable to pay, staff proposes, these limited grant funds be applied to rent. The qualification process would require the applicant to simply submit their current lease/rental agreement. Covering rent will provide each business with working capital to cover other expenses like payroll and operational supplies. Staff recommends approval of a grant program based on the following "Program Summary" and "Eligibility Requirements." Staff recognizes that the maximum grant amount may not be sufficient to cover two months of rent,but the maximum award was developed to balance providing enough meaningful resources to help,while also try to support the greatest number of businesses. Program Sum • Lottery-based with all applications collected during a one-week application period and randomly, Y selected. • Maximum grant amount= $6,000 per business. • Amount granted will be equivalent to two months'rent not to exceed the maximum grant amount. Fli ibilit Re ui rem e nts: • Ten (10) or fewer full-time equivalent, (two part-time employees each working twenty hours per week equal one full-time employee). • Not an essential business or business providing essential activities pursuant to any one of the Order(s) of the Health Officer and Emergency Regulations issued by the County's Public Health P 14 2020-07-14 Agenda Packet, Page 440 of 468 Officer in response to COVID-19 or Essential Workforce pursuant to Governor's Executive Order N- 33-20 (Attachment 1). • Must be a for-profit business located within the City of Chula Vista city limits. • Must be a legally operating business located in a commercial or industrial space (home-based businesses are ineligible). • Must have a valid City of Chula Vista business license at time the application is made. • Must have submitted online a City of Chula Vista Social Distancing and Sanitation Protocol., • Must be independently owned and operated,with the principal office located within the City of Chula Vista city limits (publicly traded companies, chains and franchised businesses are ineligible) Program Launch and Grant Award: Following the City Council's approval of the grant program, staff will broadly market and promote the grant opportunity via emaits to businesses in the City's business license database,as well as through social media outreach to small businesses through Facebook and Instagram. City staff will also coordinate marketing and promotion of the grant opportunity through the City's partners (i.e.: South County Economic Development Council, Chula Vista Chamber of Commerce and Third Avenue Village Association). Additionally, marketing materials and the online application will be made available in both English and Spanish. Complete applications will be accepted online from 7 a.m., Monday,July 20 through 7 p.m., Friday,July 24, 2020., The one-week application period and subsequent lottery award is intentional to avoid a first-come, first-served competition of applications and to ensure a more equitable distribution of funds. Staff learned while participating with the City of San Diego and South County Economic Development Corporation loan programs that small businesses do not have the time or resources to monitor available funding opportunities, then compete to submit applications. The lottery will provide the most fair and equitable means of deploying these funds in an expedited manner. Economic Development staff will work in close coordination with Finance Department staff to award eligible businesses with grant funds. The funding will be distributed directly to businesses via check. As such, businesses will directly receive the funds within 3-5 business days following official notification of their award.Additionally, staff will require completion of a diagnostic survey by applicants to collect data aimed to guide the City's future economic efforts. DECISION­,MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87 100,et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT On June 23, 2o20, the City Council approved the City of Chula Vista CARES Act Allocation Plan, which specifically earmarks$1.5 million to fund this direct financial assistance program.The implementation of the grant program will impact the resources of staff currently budgeted in the General Fund for both the Finance and Economic Development Departments. Implementation costs for Economic Development staff were P15 2020-07-14 Agenda Packet, Page 441 of 468 included in the CARES Act funding from the County in support of this program. Staff will look to recover costs for Finance Department support of this action with future CARES Act funding. ONGOING FISCAL IMPACT Staff does not anticipate ongoing fiscal impact to the General Fund. ATTAC14MENTS 1. Essential Workforce Described by Governor's Executive Order Staff Contact: Kevin Pointer,Senior Economic Development Specialist Eric Crockett,Deputy City Manager P �3ge 6 2020-07-14 Agenda Packet, Page 442 of 468 ESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF C HULA VISTA APPROVING A $1.5 MILLION SMALL BUSINESS GRANT PROGRAM CHUL ''VISTA CARES) O REIMBURSE THE COSTS OF BUSINESS INTERRUPTION CAUSED BY REQUIRED CLOSURES UE TO THE COVID-19 PANDEMIC WHEREAS, in January 2020, as a result of the COVIN-19 virus, the World Health Organization ("WHO") declared a Public Health Emergency of International Concern and the United States Secretary of Health and Human Services declared a Public Health Emergency and WHEREAS, on February 14, 2020, the San Diego County Health Officer declared. a. Deal Health. Emergency as a result of the COVID-19 virus, which was subsequently ratified by the Board of Supervisors on February 19, 2020; and WHEREAS, on March 4, 20...20..., as the number of confirmed cases and deaths related to COVID-1.9 continued to rise, California Governor Gavin. Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVI -19; and WHEREAS,.... on March 131 2020, the President of the United States declared a n.ation.al. emergency as a result of the COVII; 19 virus; and WHEREAS, on March 13, 2020, due to the escalating number of COVIN-19 virus cases nationwide and within California, the City of Chula Vista.Director of Emergency Services issued a Proclamation declaring a Focal Emergency, as authorized by Government Code section 8630 and Chula Vista. Municipal Code section 2.14.080(x), which was subsequently ratified and adopted by the Chula Vista City Council on.March 17, 2020; and WHEREAS, the Centers for Disease Control and Prevention,, the California Department of Public Health, and the San Diego County Department of Public Health have all issued recommendations and orders, including, but not limited to, social distancing, staying hone if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission ission of this communicable virus; and WHEREAS, pursuant to California health and Safety Code sections 101040, 120175, and 120175.5 (b) the Health Officer of the County of San Diego ("Health Officer") has issued multiple Orders of the Health Officer and Emergency Regulations (the "County Orders" mandating and prohibiting certain activities" including the following, with certain limited exceptions: the requirement that all persons stay at home; the prohibition. of all public and private "gatherings" of more than one person; the closure of all non-essential businesses; the cessation of classes and other school activities; cloth face covering requirements and social. distancing protocols; and 2020-07-14 Agenda Packet, Page 443 of 468 RESOLUTION O. Page 2 WHEREAS, on March 27, 2020 the President of the United States signed into law the Coronavirus Aid.Relief and Economic Security Act, more commonly known as the CARES Act, which authorizes $2.1 trillion in federal relief; and WHEREAS, included int e CARES Act is the Coronavirus Relief Fund (CRF) that provided $150 billion to states and those local municipalities with populations greater than. 500,000 based on a specific formula; and WHEREAS, the County of San Diego received $334 million in CARES Act CRIB monies; an WHEREAS, on May 19, 2020 the County of San Diego o approved the allocation of $4,$42,695 in CARES Act CRF monies to the City of Chula Vista; and WHEREAS,.... on Jeune 23, 2020 the City" Coun.cil. appropriated $4,842,695 in CARES Acte CRF monies to the General. Fund. As part of this action, the City Council approved $1.5 million to Economic Development Recovery Grants for Small Businesses to provide economic relief and assist at-risk businesses in rebounding from the economic impacts of COVIT -19. NOW,, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves a $1.5 million Small Business Grant Program (Chula Vista CARES) to reimburse the costs of business interruption caused by required closures due to the CCVID-1 Pandemic, as described in the Agenda Statement accompanying this Resolution (File ID: 2 - 0268), on file with the Office of the City Clary, with such minor modifications as may be approved by the City Manager and Citi Attorney. Presented by .Approved as to form b Eric Crockett Glen R. Googins Deputy City Manager City.Attorney 2020-07-14 Agenda Packet, Page 444 of 468 Attachment I March 22, 2020 On March 19, 2020, Governor Newsom issued Executive Order NI-33-20 directing all residents immediately to heed current State public health directives to stay home, except as needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as the State Public Health Officer may designate as critical to protect health and well-being of call Californians. In accordance with this order, the State Public Health Officer has designated the following list of "Essential Critical Infrastructure Workers"to help state, local,tribal, and industry partners as they work to protect communities,while ensuring continuity of functions critical to public health and safety, as well as economic and national security. HEALTHCARE / PUBLIC HEALTH Sector Profile The Healthcare and Public Health (HPH) Sector is large, diverse, and open,spanning both the public and private sectors. It includes publicly accessible healthcare facilities, research centers, suppliers, manufacturers, and other physical assets and vast, complex public,-private information technology systems required for care delivery and to support the rapid, secure transmission and storage of large amounts of HPH data. Essential Workforce • Workers providing COVID-19 testing; Workers that perform critical clinical research needed for COVID-19 response. • Health care providers and caregivers (e.g., physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists,, physical and occupational therapists and assistants, social workers, speech pathologists and diagnostic and therapeutic technicians and technologists). • Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation,food service, housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians, respiratory therapists, etc.),. • Workers in other medical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease,, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Organ Pharmacies, Procurement Organizations, Psychiatric, Residential, Rural Health Clinics and Federally Qualified Health Centers, cannabis retailers). • Manufacturers,technicians, logistics and warehouse operators, and distributors of medical equipment, personal protective equipment (PPE), medical gases, pharmaceuticals, blood and blood products,vaccines,testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissueand papertowel products. 1 2020-07-14 Agenda Packet, Page 445 of 468 March 22, 2020 • Public health/community health workers,, including those who compile, model, analyze and communicate public health information. • Behavioral health workers(including mental and substance use disorder) responsible for coordination, outreach,, engagement, and treatment to individuals in need of mental health and/or substance use disorder services. • Blood and plasma donors and the employees of the organizations that operate and manage related activities. Workers that manage health plans, billing, and health information,who cannot practically work remotely. Workers who conduct community-based public health functions, conducting epidemiologic surveillance, compiling, analyzing and communicating public health information, who cannot practically work remotely. • Workers who provide support to vulnerable populations to ensure their health and well-being including family care providers, • Workers performing cybersecu�ri'ty functions at healthcare and public health facilities, who cannot practically work remotely. • Workers conducting research critical to CO' ID-19 response. • Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions,who cannot practically work remotely. • Workers who support food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, such as those residing in shelters. • Pharmacy employees necessary for filling prescriptions. • Workers performing mortuary services, including funeral homes, crematoriums, and cemetery workers. • Workers who coordinate with other organizations,to ensure the proper recovery, handling, identification,transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to behavioral health services to the family members, responders,, and survivors of an incident. • Workers supporting veterinary hospitals and clinics EMERGENCY SERVICES SECTOR Sector Profile The Emergency Services Sector(ESS) is a community of highly-skilled, trained personnel, along with the physical and cyber resources,that provide a wide range of prevention, preparedness, response, and recovery services during both day-to-day operations and incident response.The ESS includes geographically distributed facilities and equipment in both paid and volunteer capacities organized primarily at the federal, state, local,tribal, and territorial levels of government, such as city police departments and fire stations, county sheriff's offices, Department of Defense police and fire departments, and town public works departments.The ESS also includes private sector resources, such 2 2020-07-14 Agenda Packet, Page 446 of 468 March 22, 2020 as industrial fire departments, private security organizations, and private emergency medical services providers. Essential Workforce- Law Enforcement, Public Safety and First Responders Including front line and management, personnel include emergency management, law enforcement, Emergency Management Systems,,fire, and corrections, search and rescue,tactical teams including maritime, aviation, and canine units., Emergency Medical Technicians Public Safety Answering Points and 911 call center employees Fusion Center employees Fire Mitigation Activities Hazardous material responders and hazardous devices teams,from government and the private sector. • Workers—including contracted vendors--who maintain digital systems infrastructure supporting law enforcement and emergency service operations. • Private security, private fire departments, and private emergency medical services personnel. • County workers responding to abuse and neglect of children, elders and dependent adults. iii iii iii iii offiiii t­i d ie off i c e r s Essential Workforce-Public Works • Workers who support the operation, inspection, and maintenance of essential dams, locks and levees • Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure,, CU[IS U`LlCtiii oilii iii mJal traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues • Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences. • Support, such as road and line clearing,to ensure the availability of needed facilities,transportation, energy and communications Support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and hazardous waste. FO'O'D A ND AGRICULTURE Sector Profile 3, 2020-07-14 Agenda Packet, Page 447 of 468 March 22, 2020 The Food and Agricultural (FA), Sector is composed of complex production, processing, and delivery systems and has the capacity to feed people and animals both within and beyond the boundaries of the United States. Beyond domestic food production,the FA Sector also imports many ingredients and finished products, leading to a complex web of growers,, processors, suppliers,transporters, distributors, and consumers.This sectors is critical to maintaining and securing our food supply. Essential Workforce Workers supporting groceries, pharmacies, and other retail that sells food and beverage products, including but not limited to Grocery stores, Corner stores and convenience stores, including liquor stores that sell food., Farmers" markets., Food banks, Farm and produce stands, Supermarkets, Similar food retail establishments, Big box stores that sell groceries and essentials • Restaurant carry-out and quick serve food operations–including food preparation, carry-out and delivery food employees • Food manufacturer employees and their supplier employees—to include those employed in food processing (packers, meat processing, cheese plants, milk plants, produce, etc.) facilities; livestock, poultry, seafood slaughter facilities; pet and animal feed processing facilities; human food facilities producing by-products for animal food; beverage production facilities; and the production of food packaging • Farm workers to include those employed in animal food,feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribution of veterinary drugs,;truck delivery and transport;farm and fishery labor needed to produce our food supply domestically • Farm workers and support service workers,to include those who field crops; commodity inspection; fuel ethanol facilities; storage facilities; and other agricultural inputs • Employees and firms supporting food,feed, and beverage distribution (including curbside distribution and deliveries), including warehouse workers,vendor-managed inventory controllers, blo,ckchain managers, distribution • Workers supporting the sanitation of all food manufacturing processes and operations from wholesale to retail • Company cafeterias- in-plant cafeterias used to,feed employees • Workers in food testing labs in private industries,and in institutions of higher education • Workers essential for assistance programs and government payments • Workers supporting cannabis retail and dietary supplement retail • Employees of companies engaged in the production of chemicals, medicines,vaccines,, and other substances used by the food and agriculture industry, including pesticides, herbicides, fertilizers, minerals, enrichments, and other agricultural production aids • Animal agriculture workers to include those employed in veterinary health; manufacturing and distribution of animal medical materials, animal vaccines, animal drugs,feed ingredients, feed, and bedding, etc.;transportation of live animals, animal medical materials; transportation of deceased animals for disposal; raising of animals for food; animal production operations; slaughter and packing plants and associated regulatory and government workforce • Workers who support the manufacture and distribution of forest products, including, but not limited to timber, paper, and other wood products 4 2020-07-14 Agenda Packet, Page 448 of 468 March 22, 2020 Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary to agricultural production and distribution ENERGY Sector Profile The Energy Sector consists of widely-diverse and geographically-dispersed critical assets and systems that are often interdependent of one another.Thi's,critical infrastructure is divided into three interrelated segments or subsectors—electricity, oil, and natural gas—to include the production, refining, storage, and distribution of'oil,gas, and electric power, except for hydroelectric and commercial nuclear power facilities and pipelines.The Energy Sector supplies fuels to the transportation industry., electricity to households and businesses, and other sources of energy that are integral to growth and production across the Nation. In turn, it depends on the Nlation's transportation,, information technology, communications, finance,water, and government infrastructures. Essential Workforce- Electricity industry: • Workers who maintain, ensure, or restore the generation,transmission, and distribution of electric power, including call centers, utility workers, reliabi'li'ty engineers and fleet maintenance technicians • Workers needed for safe and secure operations at nuclear generation • Workers at generation,transmission, and electric blackstart facilities • Workers at Reliability Coordinator(RC), Balancing Authorities(BA), and primary and backuip Control Centers (CC),, including but not, limited to independent system operators,, regional transmission organizations, and balancing authorities • IMutual assistance personnel • IIT and OT technology staff–for EMS(Energy Management Systems) and Supervisory Control and Data • Acquisition (SCADA) systems, and utility data centers; Cybersecurity engineers; cybe,rsecurity risk management • Vegetation management crews and traffic workers who,support • Environmental remediation/monitoring technicians • Instrumentation, protection, and control technicians Essential Workforce- Petrolleurn workers: • Petroleum product storage, pipeline, marine transport,terminals, rail transport, road transport • Crude oil storage facilities, pipeline, and marine transport • Petroleum refinery facilities • Petroleum security operations center employees and workers who support emergency response services 5 2020-07-14 Agenda Packet, Page 449 of 468 March 22, 2020 Petroleum operations,control rooms/centers Petroleum drilling, extraction, production, processing, refining, terminal operations,transporting, and retail for use as end-use fuels or feedstocks for chemical manufacturing Onshore and offshore operations for maintenance and emergency response Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them. Essential Workforce- Natural and propane gas workers: Natural gas transmission and distribution pipelines, including compressor stations Underground storage of natural gas Natural gas processing plants, and those that deal with natural gas liquids Liquefied Natural Gas (LNG),facilities • Natural gas security operations center, natural gas operations dispatch and control rooms/centers natural gas emergency response and customer emergencies, including natural gas leak calls • Drilling, production, processing, refining, and transporting natural gas for use as end-use fuels, feedstocks for chemical manufacturing, or use in electricity generation • Propane gas dispatch and control rooms and emergency response and customer emergencies, including propane leak calls • Propane gas service maintenance and restoration, including call centers • Processing, refining, and transporting natural liquids, including propane gas,for use as end-use fuels or feedstocks for chemical manufacturing • Propane gas storage,transmission, and distribution centers WATER AND WASTEWATER Sector Profile The Water and Wastewater Sector is a complex sector composed of drinking water and wastewater infr,astruicture of varying sizes and ownership types. Multiple governing authorities pertaining to the Water and Wastewater Sector provide for public health, environmental protection, and security measures, among others. Essential Workforce Employees needed to operate and maintain drinking water and wastewater/drainage infrastructure, including: • Operational staff at water authorities • Operational staff at community water systems • Operational staff at wastewater treatment facilities • Workers repairing water and wastewater conveyances and performing required sampling or monitoring 6 2020-07-14 Agenda Packet, Page 450 of 468 March 22, 2020 Operational staff for water distribution and testing Operational staff at wastewater collection facilities Operational staff and technical support for SCADA Control systems Chemical disinfectant suppliers for wastewater and personnel protection Workers that maintain digital systems infrastructure supporting water and wastewater operations TRANSPORTATION AND LOGISTICS Sector Profile The Transportation Systems Sector consists of seven key subsectors, or modes: Aviation includes aircraft, air traffic control systems,, and airports, heliports, and landing strips. Commercial aviation services at civil and joint-use military airports, heliports, and sea plane bases. In addition,the aviation mode includes commercial and recreational aircraft (manned and unmanned) and a wide-variety of support services, such as aircraft repair stations,fueling facilities, navigation aids, and flight schools. Hlighway and Motor Carrier encompasses roadway, bridges, and tunnels. Vehicles include trucks, including those carrying hazardous materials; other commercial vehicles, including commercial motlorcoaches and school buses;vehicle and driver licensing systems; taxis.,transportation services including Transportation Network Companies, and delivery services including Delivery Network Companies; traffic management systems; AND cyber systems used for operational management. - (Maritime Transportation System consists of coastline, ports.,waterways, and intermodal landsid�e connections that allow the various modes of transportation to move people and goods to, from, and on the water. - Mass Transit and Passenger Rail includes terminals, operational systems, and supporting infrastructure for passenger services by transit buses,trolleybuses, monorail, heavy rail—also known as subways or metros—light rail, passenger rail, and vanpool/ricleshare. - Pipeline Systems consist of pipelines carrying natural gas hazardous liquids, as well as various chemicals. Above-ground assets, such as compressor stations and pumping stations, are also included., - Freight Rail consists of major carriers, smaller railroads, active railroad, freight cars, and locomotives. - Postal and Shipping includes large integrated carriers, regional and local courier services, mail services, mail management firms, and chartered and delivery services. Essential Workforce 7 2020-07-14 Agenda Packet, Page 451 of 468 March 22, 2020 • Employees supporting or enabling transportation functions, including dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, and workers that maintain and inspect infrastructure (including those that require cross-border travel) • Employees of firms providing services that enable logistics operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use. • Mass transit workers Taxis,transportation services including Transportation Network Companies, and delivery services including Delivery Network Companies • Workers responsible for operating dispatching passenger, commuter and freight trains and maintaining rail infrastructure and equipment • Maritime transportation workers - port workers, mariners, equipment operators • Truck drivers who haul hazardous and waste materials to support critical infrastructure, capabilities, functions, and services • Automotive repair and maintenance facilities • Manufacturers and distributors to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations • Postal and shipping workers,to include private companies • Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers • Air transportation employees, including air traffic controllers, ramp personnel, aviation security, and aviation management • Workers who support the maintenance and operation of cargo by air transportation, including flight crews, maintenance, airport operations, and other on and off-airport facilities workers COMMUNICATIONS AND INFORMATION TECHNOLOGY Sector Profile The Communications Sector provides products and services that support the efficient operation of today's global information-based society. Communication networks enable people around the world to contact one another, access information instantly, and communicate from remote areas. This involves creating a link between a sender(including voice signals) and one or more recipients using technology (e.g., a telephone system or the Internet)to transmit information from one location to another. Technologies are changing at a rapid pace, increasing the number of products, services, service providers, and communication options.The national communications architecture is a complex collection of networks that are owned and operated by individual service providers. Many of this sector's products and services are foundational or necessary for the operations and services provided by other critical infrastructure sectors.The nature of communication networks involve both physical infrastructure (buildings, switches,towers, antennas, etc.) and cyber infrastructure (routing and 8 2020-07-14 Agenda Packet, Page 452 of 468 March 22, 2020 switching software, operational support systems, user applications, etc.), representing a holistic challenge to address the entire physical-cyber infrastructure. The IT Sector provides products,and services that support the efficient operation of today's,global information-based society and are integral to the operations and services provided by other critical infrastructure Sectors.The IT Sector is comprised of small and medium businesses, as well as large multinational companies. Unlike many critical infrastructure Sectors composed of finite and easily identifiable physical assets,the IT Sector is a functions-based Sector that comprises not only physical assets but also virtual systems and networks that enable key capabilities and services in both the public and private sectors. Essential Workforce-Communications: • Maintenance of communications infrastructure-including privately owned and maintained communication systems-supported by tech�nicians, operators,, call-centers,wireline and wireless providers, cable service providers, satellite operations, undersea cable landing stations, Internet Exchange Points, and manufacturers and distributors of communications equipment • Workers who support radio,,television, and media service, including, but not limited to front line news reporters, studio, and technicians,for newsgathering and reporting • Workers at Independent System Operators and Regional Transmission Organizations, and Network Operations staff, engineers and/or technicians to manage the network or operate facilities • Engineers,technicians and associated personnel responsible for infrastructure construction and restoration., including contractors for construction and engineering of fiber optic cables • Installation, maintenance and repair technicians,that establish, support or repair service as needed • Central office personnel to maintain and operate central office, data centers, and other network office facilities • Customer service and support staff, including managed and professional services as well as remote providers of support to transitioning employees to,set up and maintain home offices,who interface with customers to manage or support service environments and security issues, including payroll, billing,,fraud, and troubleshooting • Dispatchers involved with service repair and restoration Essential Workforce- Information Technology: • Workers who support command centers, including, but not limited to (Network Operations Command Center, Broadcast Operations Control Center and Security Operations Command Center • Data center operators, including system administrators, HVAC&electrical engineers, security personnel, IT managers, data transfer solutions engineers, software and hardware engineers, and database administrators • Client service centers,field engineers, and other technicians supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide hardware and software, and 9 2020-07-14 Agenda Packet, Page 453 of 468 March 22, 2020 information technology equipment to include microelectronics and semiconductors)for critical infrastructure • Workers responding to cyber incidents involving critical infrastructure, including medical facilities, SLT governments and federal facilities, energy and utilities, and banks and financial institutions, and other critical infrastructure categories and personnel • Workers supporting the provision of essential global, national and local infrastructure for computing services (incl. cloud computing services), business infrastructure,web-based services, and critical manufacturing • Workers supporting communications systems and information technology used by law enforcement, public safety, medical, energy and other critical industries • Support required for continuity of services,, including janitorial/cleaning personnel OTHER MUNIT '-BASE[ GOVERNMENT OPERATIONS AND ESSENTIAL FUNCTIONS Essential Workforce • Critical government workers, as defined by the employer and consistent with Continuity of Operations Plans and Continuity of Government plans. • County workers responsible for determining eligibility for safety net benefits • The Courts, consistent with �dance.,released by the California Chief Justice • Workers to ensure continuity of building functions • Security staff to maintain building access control and physical security measures • Elections personnel • Federal,, State, and Local,Tribal, and Territorial employees who support Mission Essential Functions and communications networks • Trade Officials (FTA negotiators; international data flow administrators) • Weather forecasters • Workers that maintain digital systems infrastructure supporting other critical government operations • Workers at operations centers necessary to maintain other essential functions • Workers who support necessary c,redentialing,vetting and licensing operations for transportation workers • Workers who are critical to facilitating trade in support of the national, state, and local emergency response supply chain • Workers supporting public and private childcare establishments, pre-K establishments, K-12 schools, colleges, and universities for purposes of distance learning, provision of school meals, or care and supervision of minors to support essential workforce across all sectors 10 2020-07-14 Agenda Packet, Page 454 of 468 March 22, 2020 • Workers and instructors supporting academies and training facilities and courses,for the purpose of graduating students and cadets that comprise the essential workforce for all identified critical sectors • Hotel Workers where hotels are used for COVID-19 mitigation and containment measures, including measures to protect homeless populations. • Construction'Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction) Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, ���"",n ate ��� SOL cos, and essential operation of construction sites and construction projects(including those that support such projects to ensure the avai'labi'li'ty of needed facilities, transportation, energy and communications; and support to ensure the effective removal, storage, and disposal of solid waste and hazardous waste) • Commercial Retail Stores,that supply essential sectors, including convenience stores, pet supply stores, auto supplies and repair, hardware and home improvement, and home appliance retailers • Workers suipporting the entertainment industries, studios, and otherre ated ebli stashments, provided they follow covid-191 puis health guiclance around social distancing. • Workers critical to operating Rental Car compla 'est at facilitate continuity of operations for essential workforces, and other essential travel • Workers that provide or determine eligibility for food, shelter, in-home supportive services, child welfare, adult protective services and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals (including family members) • Professional services, such as legal or accounting services,when necessary to assist in compliance with legally mandated activities and critical sector services • IFaith based services that are provided through streaming or other technology • Laundromats and laundry services e i,"i a�­y i e, c a iiie a d o t li e • W 1�s fit cai���'e fabfties 101"'Ovide �1'oo(,],' ve t'' a id C") I C �'J n e e as as i t i el-s c � life fo i-a ia I s CRITICAL MANUFACTURING Sector Profile The Critical Manufacturing Sector identifies several industries to serve as the core of the sector: Primary Metals Manufacturing, Machinery Manufacturing, Electrical Eqluipment,Appliance, and Component Manufacturing,Transportation Equipment Manufacturing Products made by these manufacturing industries are essential to many other critical infrastructure sectors. Essential Workforce 2020-07-14 Agenda Packet, Page 455 of 468 March 22, 2020 Workers necessary for the manufacturing of materials and products needed for medical supply chains, transportation., energy, communications, food and agriculture, chemical manufacturing, nuclear facilities,the operation of dams,water and wastewater treatment, emergency services, and the defense industrial base. HAZARDOUS MATERIALS Essential Workforce • Workers at nuclear facilities, workers, managing medical waste,workers managing waste from pharmaceuticals and medical material production, and workers at laboratories processing test kits • Workers who support hazardous materials response and cleanup • Workers who maintain digital systems infrastructure supporting hazardous materials management operations FINANCIAL SERVICES Sector Profile The Financial Services Sector includes thousands of depository institutions, providers of investment products, insurance companies, other credit and financing organizations, and the providers of the critical financial utilities and services that support these functions. Financial institutions vary widely in size and presence, ranging from some of the,world's largest global companies with thousands of employees and many billions of dollars in assets,to community banks and credit unions with a small number of employees serving individual communities. Whether an individual savings account,,financial derivatives, credit extended to a large organization, or investments made to a foreign country,these products allow customers to: Deposit funds and make payments to,other parties; Provide credit and liquidity to customers; Invest funds for both long and short periods;Transfer financial risks between customers. Essential Workforce • Workers who are needed to process and maintain systems for processing financial transactions and services (e.g., payment, clearing, and settlement; wholesale funding; insurance services; and capital markets activities) • Workers who are needed to provide consumer access to banking and lending services, including ATMs, and to move currency and payments (e.g., armored cash carriers) • Workers who support financial operations, such as those staffing data and security operations centers 12 2020-07-14 Agenda Packet, Page 456 of 468 March 22, 2020 CHEMICAL Sector Profile The Chemical Sector—composed of a complex, global supply chain—converts various raw materials into diverse products that are essential to modern life. Based on the end product produced, the sector can be divided into five main segments, each of which has distinct characteristics,growth dynamics, markets, new developments, and issues: Basic chemicals; Specialty chemicals; Agricultural chemicals; Pharmaceuticals; Consumer products Essential Workforce • Workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing plants, workers in laboratories, workers at distribution facilities,workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives, pharmaceuticals,textiles, and paper products. • Workers supporting the safe transportation of chemicals, including those supporting tank truck cleaning facilities and workers who manufacture packaging items • Workers supporting the production of protective cleaning and medical solutions, personal protective equipment, and packaging that prevents the contamination of food, water, medicine, among others essential products • Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/or sites that cannot be shut down) whose work cannot be done remotely and requires the presence of highly trained personnel to ensure safe operations, including plant contract workers who provide inspections • Workers who support the production and transportation of chlorine,and alkali manufacturing, single-use plastics, and packaging that prevents the contamination or supports the continued manufacture of food,water, medicine, and other essential products, including glass container manufacturing DEFENSE INDUSTRIAL BASE Sector Profile The Defense Industrial Base Sector is the worldwide industrial complex that enables research and development, as well as design, production, delivery, and maintenance of military weapons systems, subsystems, and components or parts,to meet U.S. military requirements.The Defense Industrial Base partnership consists of Department of Defense components, Defense Industrial Base companies and their subcontractors who perform under contract to the Department of Defense, companies providing 13, 2020-07-14 Agenda Packet, Page 457 of 468 March 22, 2020 incidental materials and services to the Department of Defense, and government-owned/contractor- operated and government-owned/government-operated facilities. Defense IIndustrial Base companies include domestic and foreign entities,with production assets located in many countries.The sector provides products and services that are essential to mobilize, deploy, and sustain military operations. Essential Workforce Workers who support the essential services required to meet national security commitments to the federal government and U.S., Military.These individuals, include but are not limited to, aerospace; mechanical and software engineers, manufacturing/production workers; IT support; security staff; security personnel; intelligence support, aircraft and weapon system mechanics and maintainers Personnel working for companies, and their subcontractors,who perform under contract to the Department,of Defense providing materials,and services to the Department of Defense, and government-owned/contractor-operated and government-owned/government-operated facilities 14 2020-07-14 Agenda Packet, Page 458 of 468 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 14,2020 File IIS: 20-11277 ,TITS RESOLUTION OF THE CITY" COUNCIL OF THE CITY OF CH LA VISTA CERTIFYING THE NECESSITY OF APPOINTING A CALPERS RETIREE WITHIN 18,0-DAYS of RETIREMENT, PURSUANT To GOVERNMENT CODE SECTIONS 7522.56 ANIS 21224 RECOMMENDED C Council adopt the resolution. SUMMARY Staff is requesting that City Council adopt a resolution waiving the 180-day separation period for CaIPERS retiree Cary Halbert which will allow him to work in a limited duration capacity as an Assistant Director of Development Services. Under this temporary appointment expected not to exceed a total of 80 work hours, 'Ir.Halbert will be responsible for,reviewing and responding to remaining Commercial Cannabis application appeals. ENVIRONMENTAL REVIEW The activity is not a "Project P) as defined under Section. 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section. 150601(c)(3) no environmental ental review is required. BOARD/COMMISSION/COMMITTEE Not applicable. DISCUSSION The California Pubilic Employees' Retirement System (CalPERS) recognizes that retirees can play an important role in maintaining city operations,particularly in short-term or emergency situations; however, they also specify limitations on a retiree's service when returning to work for a CalPERS agency.Government Code sections 7522.56 & 21224 provides specific guidance on employing a CalPERS retiree without interruption to retirement benefits or reinstatement from retirement.Key terms of hiring a retired annuitant under the Government Code and by which the City will be following are: The retiree must wait 180 days after his or her retirement date before he or she can return to work for a CalPERS employer, unless there is a qualifying exception. Adoption of a Resolution by the City Council waiving the waiting period would fulfill the exception requirement for the limited duration appointment of Mr. Halbert. 1 . 0 0 1 P � 1 2020-07-14 Agenda Packet, Page 459 of 468 • The appointment of a retired annuitant must be for a limited duration. CalPER,S provides examples, of work of limited duration to include work to eliminate a backlog, work on a special project, and work that is in excess of what regular staff can do. Mr. Halbert will be responsible for reviewing and responding to the remaining Commercial Cannabis appeals received from applicants who were sent a Notice of Decision and not chosen to proceed in the selection process. Prior to retiring from the City of Chula Vista on June 19,2020,he reviewed and responded to all such appeals. Staff believes it would be most beneficial to the City to temporarily rehire Mr. Halbert,which would ensure that a consistent review process is applied to the remaining appeals. The temporary appointment will be made at the Assistant Director of Development Services level as similar duties are within the scope of the position. • The retired annuitant's salary must be an hourly pay rate that falls within the regular salary ,schedule for the position. Mr. Halbert will be temporary appointed as an Assistant Director of Development Services (Step E) and earning an hourly pay rate of' 88.91. (Attachment A) • The retired annuitant cannot be paid any other compensation or benefits in addition to the, hourly pay rate. Section 2 and 3 of Mr�. Halbert's employment agreement (Attachment B) specifies that his temporary appointment is not eligible to receive any compensation or benefits other than his hourly pay rate. • A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30) and CalPERS does not provide any exception to this limit.Nonpaid or volunteer hours can't be used in order to exceed 960 hours in a fiscal year. Mr. Halbert is expected to work no more than a total of 80 hours. The City will be required to enroll Mr. Halbert as a retired annuitant in the CalPERS, system and report hours worked to Cale ISS per Government Code section 21220. • The retiree will not accrue service credit or any additional retirement rights or benefits.While the City is required to report hours worked by Mr. Halbert, those hours will not be counted as additional retirement service credits and reported only for the purposes of tracking the fiscal year hours limit. The Employment Agreement (Attachment B) identifies the detailed terms of Mr. Halbert's temporary appointment.His knowledge and understanding of the Commercial Cannabis application and appeal process will enable him to efficiently and effectively complete the requirements of the temporary project within the expected total work hours. Mr. Halbert possesses specialized skills needed in performing work of a limited duration [21224(a)]. Furthermore, temporarily appointing Mr�. Halbert will help ensure the continuity and consistency of the process for decisions on remaining appeals. Staff would like to request that City Council adopt a Resolution waiving the CalPER,S 180-day waiting period and allowing the temporary appointment of Mr. Halbert as a retired annuitant effective July 15,2020. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). P 12 2020-07-14 Agenda Packet, Page 460 of 468 Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute,a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT In accordance with CaIPERS,requirements, Mr. Halbert will not be eligible for any compensation or benefits in addition to his hourly pay rate while working for the City as a retired annuitant. He will be earning an hourly pay rate of$88.91. Given that the,temporary assignment is expected to last up to,but no more,than, 80 total hours,the,maximum impact to the Fiscal Year 2020-202,1 budget is estimated at$7,215.94.,This cost will be,absorbed in the Administration Department budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with the temporary appointment of Mr. Halbert as a retired annuitant. Al"TACHMENTS Attachment A-FY'2020-2021 Compensation Schedule for Assistant Director of Development Services Attachment B-Agreement for Temporary Limited-Term Employment(G., Halbert) Staff Contact.-Courtney Chase, Director of Human Resources/Risk Management P3 2020-07-14 Agenda Packet, Page 461 of 468 RESOLUTION NO. 2020- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF "HU LA VISTA CERTIFYING THE NECESSITY OF APPOINTING A CALPERS RETIREE WITHIN 180-DAYS OF RETIREMENT, PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224 WHEREAS, in compliance with Government Code section 7522.56 the City Council of the City of Chula Vista must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his, or her retirement date-, and WHEREAS,Gary Halbert(CalPERS ID 3876353456)retired from the City of Chula Vista in the position of City Manager, effective June 20, 2020; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is December 18, 2020, without this, certification resolution; and WHEREAS, section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS,the City Council,of the City of Chula Vista,the City of Chula Vista and Gary Halbert certify that Gary Halbert has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the City Council of the City of Chula Vista hereby appoints Gary Halbert as an extra helpretired annuitant to perform the duties of the Assistant Director of Development Services for the City of Chula Vista under Government Code section 21224, effective July 15, 2020; and WHEREAS,, the City Council finds that the temporary appointment of Mr. Halbert to this position is necessary to fill, a critically needed position before 180 days, have passed, in that, Mr. Halbert has skills needed to perform work of limited duration; and WHEREAS, the entire employment agreement, contract or appointment document between Gary Halbert and the City of Chula Vista has been reviewed by this body and is attached herein; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS,, the employment shall be limited to 960 hours per fiscal year; and 2020-07-14 Agenda Packet, Page 462 of 468 Resolution No. 2020- Page 2 WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $15,411.00 monthly and the hourly equivalent is $88.91 and the minimum base salary for this position is $12,678.66 monthly and the hourly equivalent is $73.15; and WHEREAS, the hourly rate paid to Mr. Halbert will be $88.91; and WHEREAS, Mr. Halbert has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate. THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista hereby certifies the nature of the employment of Gary Halbert as described herein and detailed in the attached employment agreement, and that this appointment is necessary to fill the critically needed position of Assistant Director of Development Services for the City of Chula Vista by July 151 2020 because the duties Mr. Halbert will be performing directly relate to the Commercial Cannabis application appeals process, which is required to follow specific timefrarnes and deadlines. Presented by Approved as, to form by MARIA KACHADOORIAN GLEN GOOGINS City Manager City Attorney 2020-07-14 Agenda Packet, Page 463 of 468 C ;, Fiscal Yealr 2020-2021 Compensation Schedule CHULAVISTA Effective July 3,2020 POSITION TITLE PCN BARE STEP BI-WEEKLY RATE* ASST CHF OF POL 5011 SM A $5,.472.03 ASST CHF OF POL 501.1 SM B $0.00 ASST CHF OF POL 5011 SM C $0.00 ASST CHF OF POL 501.1 SMI a $0.00 ASST CHF OF POL 5011 SM F $6,.651.29 ASST CITY ATTY 2405 SM A $51842.52 ASST CITY ATTY 2405 SM B 6,134.67 ASST CITY ATTY 2405 SM C $61441.391 ASST CITY ATTY 2405 SM D $6,159.8 ' ASST CITY ATTY 2405 SM F $7,101.03 ASST CITY CLERK 2210 SM A $3,325.8 ' ASST CITY CLERK 221.0 SM B $3,4912.17 ASST CITY CLERK 2210 SM C $3,606.78 ASST CITY CLERK 221.0 SM a $31850.10 ASST CITY CLERK 2210 SM F $4,042.71 ASST CITY MSR 2707 EXEC A $7,559.20 ASST CITY MGR 2701 EXEC B $0.00 ASST CITY MSR 2707 EXEC C $0.00 ASST CITY MGR 2701 EXEC D $0.00 ASST CITY MGR 2707 EXEC F $9,131.18 ASST DIR OF CDS 4040 SM A $5,.851.69, ASST DIR OF CDS 4040 SM B $0.00 ASST DIR OF CDS 4040 SM C $0.00 ASST DIR OF CDS 4040 SM a $0.00 ASST DIR OF CDS 4040 SM F 7,.112.77 ASST DIR OF CNC 0008 SM A $5,355.14 ASST DIR OF ENG 0008 SM B $0.00 ASST DIR OF CNC 0008 SM +C $0.00 ASST DIR OF ENG 0008 SM D $0.00 ASST DIR OF CNC 0008 SM F $61405.21. ASST DIR OF FIN 3604 SM A $5,.058.57 ASST DIR OF FIN 3604 SM B $0.00 ASST DIR OF FIN 3604 SM C $0.00 ASST DIR OF FIN 3604 SM a $0.00 ASST DIR OF FIN 3604 SM F 6,107.18 ASST DIR OF HR .3804 SM A $5,089.32 ASST DIR OF HR 3304 SM B $0.00 ASST DIR OF HR .3804 SM +C $0.00 ASST DIR OF HR 3304 SM D $0.00 ASST DIR OF HR .3804 SM F $6,107.18 ASST DIR OF PW 0322 SM A $5,355.14 ASST DIR OF PW 0822 SM B $0.00 ASST DIR OF PW 0322 SM C $0.00 ASST DIR OF PW 0822 SM a $61322.08 ASST DIR OF PW 0322 SM F $6,405.21 Approved and Adopted: 06/09/2020 Re�sk .. fWket*Bi-weekly rate shown is based an an 80-hour per pay period,with exception of sworn Fire positions with an APA98 MiqkAgn. CITY OF CHULA VISTA AGREEMENT FOR TEMPORARY LIMITED-TERM EMPLOYMENT (CaIPERS Retiree) THIS AGREEMENT is between the CITY" OF C ULA VISTA (hereinafter referred to as "CITY"),, and Gary Halbert, an individual (hereinafter referred to as "E ployee"): WHEREAS, Employee is a CalPERS retiree, and in light of that status, Employee's employment is subject to the limitations and requirements set forth in this Agreement and in the applicable law; and WHEREAS, CITY has a need for an employee to perform du�t'iies of an Assistant Director of Development Services and to provide needed specialized skills related to necessary public services, on a temporary part-time basis for a limited duration,- and WHEREAS, CITY wants to hire Employee in an extra-help capacity under the provisions of Government Code section 21224; and WHEREAS, Employee has specialized skills and its qualified to perform the services required by this Agreement; NOW, THEREFORE, the parties do mutually agree as follows: 1. Scope of z5ervice : Pursuant to this contract, Employee shall temporarily perform for (CITY certain duties of the Assistant Director of Development Services position. Specifically, Employee shall perforin work directly related to the commercial Cannabis application appeal process and other related duties as may be identified. Employee shall perform said duties under the direct supervision of city Manager Maria Kachadoorian or designee. 2. Compensation: Employee shall be compensated as follows: A. Hourly Date of Pa : Employee shall be paid at the rate of $88."91 per hour (hereinafter referred to as `Hourly Rate"), which is an hourly rate within the range for the Assistant Director of Development Services position. Payments will be made on regularly scheduled CITY payroll dates. Employee will be responsible for keeping track of Employee's hours worked in the same manner as other employees of CITY. Employee will receive no other payments, other than the foregoing hourly rate. E. lours peer week: This employment is for part-time"ton callIIIwork and, generally, will not exceed 40 hours per week. CITY will assign Employee hours to work. C. Payment for work Doane in Excess of 40 Hours Per week: The position is being paid hourly and therefore is not exempt from FLSA overtime pay requirements. The Employee shall be paid at one and one-half times the regular rate of pay 2020-07-14 Agenda Packet Page 465 of 468 for any time worked in excess of 40 hours per week. Overtime work must be pre-approved by the, Director of Human Resources. D. Work less than 960 hours per fiscal year: Employee is permitted to, work a combined maximum of 960 hours, per fiscal year for all agencies that contract with CalPERS., Employee has represented that he has not performed any work for another cal RS agency and will not do so during his, employment with CITY, and therefore Employee will be permitted to work up to 960 hours this fiscal year. CITY retains the right to reduce, change, or amend the number of hours worked consistent with CITY's, workload and other needs. If Employee's annual hours are approaching 9160, then CITY retains the right to summarily suspend Employee's duties under this Agreement and to reassign any scheduled hours or to, terminate this Agreement, as needed, to ensure that Employee does not exceed the maximum hours allowed by this Agreement. 3. Emploment Status: A. Benefits: Employee understands and agrees that Employee is not, and will not be, eligible to receive any benefits from CITY, including any CITY group plan for hospital, surgical, or medical insurance, any CITY retirement program, or any paid holidays, vacation, sick leave, or other leave, with or without pay, or any other job benefits available to an employee in the regu�lar service of CITY, except for Worker's Compensation I nsurance coverage, or as otherwise required by law., B. No Property Right in Employment: Employee understands and agrees that the terms of this employment are governed only by this Agreement and that no, right of regular employment for any specific term its created by this Agreement. Employee further understands that Employee acquires no property interest in this employment by virtue of this Agreement, that the employment is "at will') as, defined by the laws of the State of California (meaning that the employment can be terminated at any time for any reason or for no reason), and that Employee is not entitled to any pre- or post- deprivation administrative hearing or other due process upon termination or any disciplinary action. C. Employment of a Retiree: Employee understands that CaIPERS retired annuitants may be employed by a CaIPERS public agency employer, by temporary appointment for a limited duration to a position not to exceed 960 hours in any fiscal year for all such employers; either (1) duringi an emergency to prevent stoppage of public business or (2) because the retired employee has skills needed in performing the work of limited duration. In the event Employee is providing service to any other CaFERS public agency employer during the term of this Agreement, Employee must notify CITY of such employment and disclose on a periodic basis, not less frequently than monthly, the number of hours Employee is performing for that other public agency to ensure that the maximum number of hours is not exceeded. Retired annuitants also cannot have received unemployment insurance payments in 2020-07-14 Agenda Packet, Page 466 of 468 the prior 12-month period arising from work performed as a retiree for any public employer. Additionally, for retired annuitants with a retirement effective date on or after January 1, 2013, the appointment must occur at least 180 days following the, date of retirement unless, the employer certifies that the appointment is necessary to fill a critically needed position before 180 days have expired and the governing body approves the appointment in a public meeting. 4. Representations of Employee: Employee represents that Employee is properly trained and certified to perform the duties required under this Agreement. Employee also represents he has not received unemployment insurance payments in the prior 12-month period arising from work performed as a retiree for any public employer. 5,. Term of Agreement: This Agreement shall commence on July 15, 2020 and shall automatically terminate by no later than on August 15, 2020. Employment is temporary, at-will and may be terminated with or without cause and with or without notice at any time by Employee or CITY. 6. Non-Assignment of Aweement: Ts Agreement is intended to secure the individual services of Employee and is not assignable or transferable by Employee to any third party. 7. Governinq Law/Venue: This Agreement shall be interpreted according to the laws, of the State of California. Venue for any action or proceeding regarding this contract shall be in Sutter County. 8. Enforce If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no, way be affected, impaired or invalidated thereby. 9. Conflict of Interest: Employee agrees that during the term of this Agreement, Employee will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated for or not, that would in any way conflict with, or impair Employee's ability to perform the duties described in this Agreement. Any work performed for CITY outside the terms of this Agreement imust be approved in advance in writing by the City Manager. Employee agrees to disclose whether Employee is performing work for any other CalPERS, public agency employer as required by section 3.C. of this Agreement. 10. Entire Agreement and Modification: This Agreement constitutes the entire understanding of the parties hereto. This Agreement supersedes any previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other compensation or benefits than those, specified herein, and Employee acknowledges that no 2020-07-14 Agenda Packet, Page 467 of 468 representation, inducements or promises not contained in this Agreement have been made to Employee to induce Employee to enter into this Agreement. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee understands that no oral modification of this Agreement made by any officer, agent, or employee of CITY is effective. Employee specifically acknowledges that in entering into and executing this Agreement, Employee relies solely upon the provisions contained herein and no others. Acknowledgment: 1, Gary Halbert, agree to this Temporary Limited-Term Employment Agreement(CaIPERS Retiree), and hereby warrant that I understand and agree with all of the terms and conditions of employment as, set forth iin this Agreement. Further, I hereby certify to, the City of Chula Vista that I have not received unemployment insurance payments within the past 12 months arising from work performed as a retiree for any public employer. BY EMPLOYEE: Gary Halbert Date BY CITY: Maria Kachadoorian, City Manager Date APPROVED AS TO FORM: Glen Googins, City Attorney Date 2020-07-14 Agenda Packet, Page 468 of 468