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HomeMy WebLinkAbout2020/10/20 Agenda Packet I declare under penalty of perjury that I 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:�o j� .cv SignedLa 4_ 4n CITY OF CHULA VISTA • 00A 9e4 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, October 20, 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 Li-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.legistarcom/Calendaraspx. 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 10115/2020 City Council Agenda October 20,2020 CALL 'TCS ORDER ROLL CALL: L: Ccuncilmembers Diaz, Galvez, McCann, Padilla and Mayr Casillas S la PLEDGE OF ALLEGIANCE TCS THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DA's'' A. 20-0427 COVID-19 UPDATE BY CITY OF CHULA VISTA EMERGENCY SERVICES COORDINATOR MARLON KING B. 20-0393 PRESENTATION C N THE HEALTHIEST CI I S COUNTIES CHALLENGE PROGRAM AWARD TO TAKE ACTION TO CHANGE THE FOOD ACCESS SYSTEM IN CHULA '"TTA BY UC SAN DIEGO EGO C NTE FOR COMMUNITY HEALTH AND NORTHGATE GONZAL.E MARKET C. 20-0429 PRESENTATION N FROM PORT OF SAN DIEGO CHAIR ANN ORE ON THE CHULA VISTA BAYFRONT CONSENT CALENDAR (111tems 1 - 12 The Council will enact the Consent Calendar staff recommendations by one motion without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. if you wish to comment on one of these items, de so at ht ps.-Ilchulavista.legist,ar.ccml"Calendar.aspx 1 120-0438 APPROVAL OF MINUTES of Februarys 4, and 1 , 020. Recommended Action: Council approve the minutes. 2. 20-0408 40 RESOLUTION OF THE CITY COUNCIL_ OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY TO PROVIDE ANIMAL SHELTER SERVICES Department: Animal Care Facility Environmental Notice.: The activity is not a `Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to Mate Guidelines Section 15060(c)(3) no environmental review is required Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 5061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action.: Council adopt the (resolution. City of Chula Vista Page 2 Printed on 90/751202+0 2020-10-20 Agenda Packet Page 2 of 294 City Council Agenda October 20,2020 3. 120-0396 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.25-105(D) OF THE, CHULA VISTA MUNICIPAL, CODE RELATED TO THE PROCESS BY WHICH BOARD OR COMMISSION MEMBERS MAY BE REMOVED FOR CAUSE (FIRST READING) Department: City Clerk Environmental Notice: The activity is not a "Project" as, defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidlellines Section 150601(c)(3) no environmental review is required., Recommended Action: Council place the ordinance on first reading. 4. 20-0424 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH SOUTH BAY COMMUNITY SERVICES, ELITE ATHLETE SERVICES, AND LIVING COAST DISCOVERY CENTER, FOR ALLOCATIONS OF STATE CARES ACT CORONAVIRUS RELIEF FUNDS Department: City Manager Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 150601(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. 5. 120-0416 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF $11,000 FOR COSTS ASSOCIATED WITH RESTRIPING A TENNIS COURT FOR PICKLEBALL AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Department: Community Services 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 15303 class, 3 (New Construction or Conversion of Small Structures). Recommended Action: Coulncil adopt the resol�ution. City of Chula Vista Page 3 Printed on 1011512020 2020-10-20 Agenda Packet Page 3 of 294 City Council Agenda October 20,2020 6. 120-0410 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MINI�-PITCH PROGRAM GRANT AGREEMENT WITH UNITED STATES SOCCER FEDERATION FOUNDATION, INC. Department: Community Services 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), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 153014 Class 4 (Minor Alterations to Land). Recommended Action: Council adopt the resolution. 120-0354 RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF CHULA VISTA ACCEPTING A REIMBURSEMENT GRANT IN THE AMOUNT OF $180,0100, FROM THE RECYCLING PARTNERSHIP TO FUND, A BATTERY RECYCLING CAMPAIGN AIMED AT EDUCATING RESIDENTS ON THE PROPER DISPOSAL OF BATTERIES (4/5 VOTE REQUIRED) Department: Dievelopment Services 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), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15061(b)(3). Recommended Action: Coulncil adopt the resol�ution. 81. .20-0360 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PROFESSIONAL PIPE, SERVICES TO PROVIDE SEWER MANHOLE INSPECTION AND EVALUATION SERVICES Department: Engineering 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 4 Printed on 1011512020 2020-10-20 Agenda Packet Pais 4,of 294 City Council Agenda October 20,2020 9. 120-0225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF' AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO STATE UNIVERSITY RESEARCH FOUNDATION Department: Engineering Department Environmental Notice: The Project qualifies, for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines, Section 15306 Class 6 (Information Collection), Section 15301 Class 1 (Existing Facilities), and Section 15303 class 3 (New Construction or Conversion of Small Structures). Recommended Action: Council adopt the resolution. 10. 120-0402 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $179,0917FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS 'TO THE FEDERAL GRANTS FUND FOR THE STATE HOMELAND SECURITY PROGRAM (4/5 VOTE REQUIRED) Department: Finance 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. .20-0422 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $459,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $376,4001 TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANTS, FUND, FOR THE SELECTIVE 'TRAFFIC ENFORCEMENT PROGRAM (4/5 VOTE REQUIRED) Department: Police 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 Guidlellin�es Section 150601(c)(3) no environmental review is required., Recommended Action: Council adopt the resolution. City of Chula Vista Page 5 Printed on 1011512020 2020-10-20 Agenda Packet Page 5 of 294 City Council Agenda October 20,2020 12. 20-0430 RESOLUTION OF THE CITY COUNCIL F THE CITY OF CHULA VISTA APPROVING THE AMENDED MEASURE PUBLIC SAFETY EXPENDITURE PLAN TO ADD ONE PUBLIC INFORMATION SPECIALIST AND ONE INFORMATION TECHNOLOGY TECHNICIAN AND AMENDING THE FISCAL, YEAR 202ol21 EXPENDITURE BUDGET FOR THE MEASURE A SALTS TAX FUND T FUND SUCH POSITIONS FROM MEASURE A - POLICE DEPARTMENT TMENT AVAILAE E FUND BALANCE (4/5VOTE REQUIRED) Department: Polio Department Environmental Notice.: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Gulide lines; therefolre, pursuant to State Guidelines Section 15060 c 3) no environmental review is required. Recommended Action: Coulncil adopt the (resolution. ITEMS REMOVE 1=ROIDI 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//chulavista.legistar..com/Calendar.aspx 13. 20-0437 PUBLIC COMMENTS RECEIVED for October 20, 2020 PUBLIC HEARINGS The following items, have been advertised as public hearing(s) as required by law. if you wish to comment on one of these items, ,you may do so at haps://chulavista.legistar.corer/Calendar.aspx 14 0-0419 RESOLUTION of THE CITY COUNCIL OF THE CITY of HULA VISTA ACCEPTING $50,199 FROM THE BUREAU! OF JUSTICE ASSISTANCE FOR THE 2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Department: Police Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act StateGuidelines; therefore, pursuant to Mate Guidlellines Section 1 o6o(c)(3) no environmental review is required. Recommended Action. Council conduct the public hearing and adopt the resolution. City of Chula Vista Page 6 Printed on 90/751202+0 2020-10-20.agenda Packet Page 6 of 294 City Council Agenda October 20,2020 15. 120-0391 CONSIDERATION F THP DECISION OF THE CHIEF of POLICE, AND FINDING REGARDING AN ALCOHOLIC OLIC BEVERAGE VERAG LICENSE AT H STREET MARKET LOCATED ATE AT 645 H STREET A RESOLUTION OF THE, CITY COUNCIL,I L.. OF' THE, CITY OF CHULA VISTA AFFIRMING THE DECISION N O THE CHIEF OF POLICE AND, FINDING THAT AN ALCOHOLIC HOLIC BEVERAGE LICENSE AT 645 H STREET SUIT B CH STREET MARKET INC.) DOES NOT SERVE PUBLIC CONVENIENCE E C IS NECESSITY - B. RESOLUTION OF THE CITY COUNCIL IL CSF THE CITY OF CHU A VISTA REVERSING THE DECISION OF THE CHIEF OF POLICE AND, FINDING, THAT AN ALCOHOLIC BEVERAGE LICENSE AT 645 H STREET SUITE CH STREET MARKET, INC.) SERVES PUBLIC CONVENIENCE OR NECESSITY Department. Police 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 Mate Guidelines section 15060(c)(3) no environmental review is required. In addition, 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 conduct the public hearing and adopt resolution A. City of Chula Vista Page 7 Printed on 90/751202+0 2020-10-20 Agenda Packet Page 7 of 294 City Council Agenda October 20,2020 CITY MANAGER'S REPORTS 16. 120-0423 REPORT ON THE JOINT REQUEST FOR QUALI FICATI�ONS/REQU EST FOR PROPOSALS SOLICITATION FOR THE CITY-OWNED 707 F STREET AND SAN DIEGO METROPOLITAN TRANSIT SYSTEM-OWNED 750 E STREET Department: City Manager Environmental Notice: The activity is not a "Project"' as, defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental) review is required. In addition, 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. MAYOR'S REPORTS 17. 120-0436 RATIFICATION OF APPOINTMENTS TO THE FOLLOWING BOARDS & COMMISSIONS: -Michael Inzunza, Charter Review Commission -Elizabeth Moyer, Veterans Advisory Commission -Andrew Strong, Measure A Citizens' Oversight Committee (Growth Management Oversight Commission Rep.) COU NCILM EMBERS' COMMENTS CITY ATT'ORNEY'S REPORTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act(Government Code 54957-7)1. 18. .20-0432 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 5495 .9(d)(1) Case Name: Jeffrey Smith v. City of Chula Vista, Worker's Compensation Appeals Board, Case No. ALJ 11551149 City of Chula Vista Page 8 Printed on 1011512020 2020-10-20 Agenda Packet Pais 8 of 294 City Council Agenda October 20,2020 ADJOURNMENT to the regular City Council meeting on November 3, 2020, at 5.-00 pm., 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. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 9 Printed on 1011512020 2020-10-20 Agenda Packet Pale 9 of 294 C® of Chula Vista Meetinge Minutes -, Draft Tuesday, February 4,2020 5:00 RM Council Chambers 276 4th Avenue, (Building A Chula Vista, CA 91910 REGULAR MEETING CSF THE CITY COUNCIL The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items at this meeting were considered in the order presented. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to, order at 5:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: P,resento. Councilmember Diaz, Deputy Mayor Galvez, Councilmember McCann, Councilmernber Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Assistant City Clerk Turner PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Padilla led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 20-0053 PRESENTATION OF THE "RUTH: REMEMBER US, THE HOLOCAUST" EXHIBIT AT THE CHULA VISTA HERITAGE MUSEUM AND RECOGNITION OF THE "PROJECT RUTH" COMMITTEE Sandra Scheller gave a presentation on the item. The City Council presented Sandra Scheller and the Project Ruth Committee with certificates of recognition. CONSENT CALENDAR (items 1 - 4) 1. 20-0052 WRITTEN COMMUNICATIONS Memoranda from Councilmember Padilla requesting excused absences from the August 6, 2019 and January 30, 2020 City Council meetings. Recommended Action-. Council excuse the absences. City of Chula Vista Page 1 2020-10-20 Agenda Packet Pale 10 of 294 City Council Meeting Minutes-(Draft February 4,2020 2. 19-0574 RESOLUTION NO. 2020-019 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE, CALIFORNIA STATE DEPARTMENT OF HOUSING AN COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, IF SELECTED FOR SUCH FUNDING, TO EXECUTE THE STANDARD AGREEMENT, AND AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHO E PROGRAM Recommended Action: Council adapt the resolution. . 191-0584 RESOLUTION NO 2020-020 OF THE, CITY COUNCIL OF THE CITY O CHULA VISTA AWARDING THE CONSTRUCTION PHASE 2 OF THE FIRE STATIONS 5 AND 9 PROJECT CIP NO. G,GV023 TO FC CONSTRUCTORS INC. IN THE AMOUNT OF 16,65!x,1 0 Recommended Action: Council adopt the resolution. 4. 20-0013 RESOLUTION NO. 2020-021 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION LOCAL ROADWAY SAFETY FLAN ANIS SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM IN THE AMOUNT OF 4,000; AMENDING 'THE FISCAL YEAR 20191201 CI PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, "LOCAL ROAD SAFETY PIAN PREPARA'TION1' (TRF0420)11;. AMENDING THE FISCAL YEAR 20191/20 C P PROGRAM BUDGETS, AND APPROPRIATING FUNDS THEREFOR (415 VOTE REQUIRED Recommended Action: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Cculncilmember McCann, seconded by Cvuncillmember Padilla, to approve staffs recommendations on the above Consent Calendar items, headings read,text waived.The motion carried by the following in vote: Yes: a- Diaz, Galvez, McCann, (Padilla and Casillas Salas INN: 0 Abstain: 0 PUBLIC COMMENTS The following individuals spoke in opposition to the Crag Queen Story Time program: -Lois Morera? representing San Diego Mass Desistance -Mary Mayer-Oakes -Lillie Hebert, Cholla 'lista resident -Pastor Art, Chula Dista resident -Tony Villafranca, representing San Diego Mass Desistance -Christine Pontecorvo City of Chula Vista Page 2 2020-10-20 Agenda Packet Pale 11 of 294 City Council Meeting Minutes-IDrarft. February 4,2020 The following individuals submitted written communications in opposition to the brag Queen Story Time program and declined to speak: -William Steffy -!Noelle Tuning -Martha Souza, Chula Vista resident -Tom Tuning -Shella Lujan, Chula Vista resident -Lorena Ambriz, Chula Vista resident The following individuals spoke in support of the brag Queen Story Time program -Andrea Beth Damsky, La Mesa resident -David Dyers, La Mesa resident -Tom Lemmon, representing the San Diego wilding and Construction Trades Council -Ryan Trabuco, representing Democrats for Equality -Ricardo Ochoa, Chula Vista resident Brandon Claypool, Chula Vista resident, expressed concern regarding trash in District:2. !Michael Hefner, Chula Vista resident, spoke regarding support for services for the homeless. Eduardo Rios, Chula Vista resident, submitted written communications in opposition to the Drag +Queen. Story Time program but was not present to speak. Kay Bodge, representing the ,Friends of Norman, Park Senior Center, thanked the Council for Senior Center improvements, spoke in support of a full-time supervisor being assigned to the Senior Center, and announced upcoming events. Kathleen bipitt expressed concern regarding youth tobacco use and spoke in support of individuals speaking in opposition to the Drag Queen Story Time program. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. ACTION ITEMS 5. 20-0031 CONSIDERATION RATION CSF AMENDING COMPENSATION FOR FA DEPUTY EXECUTIVE DIRECTOR AND 1=A DIRECTOR OF SD LEC C A. RESOLUTION NO. 2020-022 OF THE CITY COUNCIL L. CSF THE CITY OF C HULA VISTA AMENDING THE COMPENSATION ION C HEDULI= AND CLASS PLAN TO REFLECT' CHANGES IN THE COMPENSATION FCR THE FA DEPUTY EXECUTIVE DIRECTOR AND FA DIRECTOR OF SD LE,CC EFFECTIVE JANUARY 1, 2020 B. RESOLUTION NO. 2020-023 OF THE CITY COUNCIL OF THE CITY" OF Com.. .ULA VISTA APPROVING THE REVISED FISCAL YEAR 20191120 COMPENSATION SCHEDULE EFFECTIVE FEBRUARY 14, 20207 AS REQUIRED Y CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570. O REFLECT SALARY INCREASES FO A DEPUTY EXECUTIVE DIRECTOR AND FA DIRECTOR OF SD LECC City of Chula Vida page 3 2020-10-20 Agenda Packet Page 12 of 294 City Council Meeting Minutes-IDraft. February 4,2020 Police Chief Kennedy gave a presentation on the item and announced that approval of the item would affect executive compensation. ACTION: A motion was made by Councilrmermber McCann, seconded by Counc'llmermbeer Padilla, to adopwt Resolution Nos. 2020-022 and 2020-023, headings read, tent waived.The motion carried by the following vote: "yes: 5- Diaz, Oalvez, McCann, (Padilla and Casillas Balms INo: 0 Abstain: CITY MANAGER'S REPORTS There were none. MAYOR'S REPORTS Mayor Casillas Salas congratulated C'ouncilmember McCann on being voted "Most Popular Elected Official in the South Bays." She spoke regarding the Cignal Inclusion Plan workshop and the Joint Meeting of the City Council with the Growth Management Oversight Commission and the Planning Commission. Mayor Casillas Salas reported on her attendance at the MTS workshop on Elevate San Diego, a potential bond measure for public transit. CCNUNCILMEMBERS" COMMENTS C'ouncilmember McCann reported on his attendance at the Eastlake Educational Foundation event. C'ouncilmember Oalvez thanked all the organizations for their recent events. CITY"ATTORNEY'S'S REPORTS There were none. ADJOURNMENT The meeting was adjourned at :16 p.m. Minutes prepared bye.-Leah Larrarte, Deputy City Clerk Kerry K. Bigelow,i MMC City ClIer City of Chula Vista Page 4 2020-10-20 Agenda Packet Page 13 of 294 C® of Chula Vista Meetinge Minutes -, Draft Tuesday, February 18,2020 5:00 RM Council Chambers 276 4th Avenue, (Building A Chula Vista, CA 91910 REGULAR MEETING CSF THE CITY COUNCIL The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented, except for Item A, which was heard following Item B. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to, order at 5:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: P,resento. Councilmember Diaz, Deputy Mayor Galvez, Councilmember McCann, Councilmember Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Assistant City Clerk Turner PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Padilla led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 20-0057 PRESENTATION OF QUARTERLY EMPLOYEE RECOGNITION RECIPIENTS Performance & Organizational Development Manager Powell recognized recipients of quarterly employee awards. B. 20-0054 PRESENTATION OF A PROCLAMATION COMMENDING KARYN AND KRYSTINA CERULLI FOR PERFORMING SUCCESSFUL CARD 1OPULMONARY RESUSCITATION Mayor Casillas Salas read the proclamation and Councilmember Diaz presented it to Karyn and Krystina Cerulli. Fire Chief Geering commended all who were involved in assisting Mr. Ceruffi and reiterated the importance of knowing first aid and CPR. City of Chula Vista Page 1 2020-10-20 Agenda Packet Pale 14 of 294 City Council Meeting Minutes-IDraft. February 18,2020 C. 20-003 PRESENTATION BY VULCAN MATERIALS COMPANY PLANT MANAGER DAMN GRAY, MANAGER OF COMMUNITY AND GOVERNMENT RELATIONS BARBARA GOODRICH- E K, AND COMMUNITY AND GOVERNMENT RELATIONS COORDINATOR ABBEY SANDERSON O1= A CHECK TO THE CHULA VISTA FIREFIGHTER'S FOUNDATION Darn Gray and Barbara Goodrich-Welk, representing Vulcan Materials, presented a $52,822 check to the Chula Vista Firefighters Foundation. CONSENT CALENDAR (items 11 - 5 11. 0-007 1 APPROVAL OF MINUTES Of August 6, 2019. Recommended Action: Council approve the minutes. 2. 20-0044 A. RESOLUTION NO 2020-024 OF THE CITY COUNCIL OF THE CITY OF CHULA VISA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY NO. 220-01, THE CITY OF' CHULA VISTA INVESTMENT POLICY AND GUIDELINES; AMENDING THE EXISTINGPOLICY; AND DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE/TREASURER B. INVESTMENT' REPORT FOR THE QUARTER ENDED DECEMBER 31, 2019 Recommended Action: Council adapt the resolution and receive the report. . 2 -0027 A. RESOLUTION NO 2020-025 OF THE, CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA 4TH FEST 2020 HARBORFEST 20,20, AND TGIF 2020 STARLIGHT PARADE CHILDREN'S FAIRE AS CITY-SPONSORED EVENT'S FOR FISCAL YEAR 2020 B. RESOLUTION NO. 202 -025 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TGIF CITY'S FILING OF AN APPLICATION FOR A $15,000 COMMUNITY ENHANCEMENT GRANT FROM THE COUNTY OF GAN DIEGO AND APPROVING A RESOLUTION FOR THE GRANT APPLICATION REQUIRED BY THE COUNTY; SHOULD THE CITY BE AWARDED GRANT FUNDING, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE, CITY OF CHULA VISTA AND THE COUNTY OF GAN DIEGO AND RELATED DOCUMENTS FOR THE GRANT, AND APPROPRIATING SAID FUNDS ACCORDINGLY (4,/5 VOTE REQUIRED) Recommended Action: Council adapt the resolutions. City of Chula Vista Page 2 2020-10-20 Agenda Packet Pale 15 of 294 City Council Meeting Minutes-IDraft. February 18,2020 4. -0045 RESOLUTION NO 2020-027 OF THE CITY COUNCIL OF THE CITY OF CF ULA VISTA AUTHORIZING STAFF TO APPLY FOR AND ACCEPT TRANSFORMATIVE CLI ATE COMMUNITIES PLANNING, GRANT AN TO IMPLEMENT PROJECTS FUNDED BY THE. GRANT Recommended Action: Council adapt the resolution. 5. 20-0040 RESOLUTION NO 2020-028 OF THE CITY COUNCIL OF THE CITY OF CHUL.A VISTA ACCEPTING A GRANT OF $5,000 FROM SWEETWATER AUTHORITY TO FUND THE NATUR SCAP" PROGRAM AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REC UIIR D Recommended Action: Council adapt the resolution. Approval of the Consent Calendar ACTION: A (motion was made by Councillmember McCann, seconded by Deputy Mayer alvez, to approve staffs recommendations on the above Consent Calendar items, headings read,text waived.The motion carried by the following ing vote: "Yes: 5- Diaz, Galvez, McCann, IPadlla and Casillas Salas No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR, Thera were none. PUBLIC COMMENTS The following individuals spoke in opposition to the Drag(ween Story Time Program: -Andres Wong, representing San Diego Mass Desistance -Eli Komai, representing San Diego Mass Desistance -,art Hodges, representing South Bay Pentecostal Church, and he distributed written communications to the Council -Tony Villafranca, representing San Diego Mass Desistance -Diane Chapman, El Cajon resident -Lillie Hebert, Chula Vista resident -Allyson Smith, Ll Cajon resident -Joan Pernicano, San Diego resident -Moira Malley, San Diego resident -Estela Stachowitz, Chula Vista resident -John Moore, San Diego resident -Christine Pontecorvo, Chula Vista resident Staff responded to,statements of the pudic speakers and clarified how the event was conducted. The following individuals spoke in support of the Drag Queen Story Time Program. -Matthew Arnold, Chula Vista resident -Andrea beth Damsk , La Mesa resident -Tom Lemmon -Carol Kiat City of Chula Vida page 3 2020-10-20 Agenda Packet Pale 16 of 294 City Council Meeting Minutes-IDrarft. February 18,2020 -Sara Kent, Chula Vista resident -Ryan Trabuco -Luisa McCarthy, Bonita resident -Ricardo Ochoa, Chula Vista resident -Dom Nguyen, La Mesa resident -Kate Bishop, Chula Vista resident The following individuals submitted written documentation in opposition to the Drag Queen Story Time Program, and did not wish to speak., -Shella Lujan, Chula Vista resident -Lois Morera, Chula Vista resident -Martha Souza, Chula Vista resident -Eduardo Rios, Chula Vista resident -Tommy Zuniga, Chula Vista resident -Trevor Averett -Pat Bradley The following individuals spoke in support of adult vaping: -Molly Sylvester -Remon Mansour, Chula Vista resident -Giselle Robila, Chula Vista resident -dames Mitchell, representing Communities for Safer Vaping -Christine Pultre, Chula Vista resident, and she played an audio presentation regarding the safety of adults vaping Michael Hefner, Chula Vista resident, spoke regarding homelessness. Mayor Casillas Salas recessed the meeting at 6:57 p.m. The Council reconvened at 7.04 p.m., with all members present except Councilmember Padilla. Councilmember Padilla returned to the dais at 7:10,p.m. PUBLIC LIC HEAD H S 6. 1 �-0525 A. RESOLUTION NO. 2020-029 OF THE CITY COUNCIL OF THE CITY OF CULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. -1 (MILLENIA), MAKING CERTAIN DETERMINATIONS ANCA AUTHORIZING THE SUBMITTAL OF THE PROPOSED CHANCES TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO DF LEVIED WITHIN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 16-1 (MILLENIA) TO THE QUALIFIED ELECTORS THEREOF City of Chula Vida Page 4 2020-10-20 Agenda Packet Page 17 of 294 City Council Meeting Minutes-(Draft. February 13,2020 B. RESOLUTION NO. 2020-030 OF THE, CITY COUNCIL L CSF THE CITY OF CHUIL.A VISTA ACTING IN ITS CAPACITY AS THE. LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 16-1 (MILLENIA), DECLARING THE RESULTS OF A SPECIAL ELECTION IN IMPROVEMENT AREA NO. 2 THEREOF AND DETERMINING THAT THE CHANGES TO THE RATE AND, METHOD OF APPORTIONMENT OF ,SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA NO. 2 ARE LAWFULLY AUTHORIZED Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Facilities finance Manager Elliott announced that a correction had been made to Attachment I to Item A. Todd Galarneau, representing 11illenia Co., was available for questions. !Mayor Salas opened the public hearing. There being no members of the public who wished to speak, !Mayor Salas closed the public hearing. City Clerk Bigelow announced that no written protests were received.. ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Diaz, to adopt Resolution No. 2020-029, (heading read, text waived. The motion carried by the following vote: "Yes: 5- Diaz, G lv+ez, McCann, (Padilla and Casillas Salas INo: 0 Abstain: ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Padilla, to adapt Resolution No. 2020-030, heading read, text waived. The motion carried by the following vote: Yes: 5.. Diaz, Ualvez, McCann, (Padilla and Casillas Salas No: 0 Abstain: 0 City Clerk Bigelow announced"Proposition A passed unanimously. 7 20-0015 PRESENTATION AND CONSIDERATION OF ACCEPTANCE, OF THE 2018/2019 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (GAPER), AND SOLICITATION OF INPUT ON FUNDING PRIORITIES FOR THE 2020-2024 CONSOLIDATED LAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS ACT PROGRAM, AND EMERGENCY SOLUTIONS GRANT Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Dousing Manager Dimes and Sr. Management Analyst Davis gave a presentation on the item and answered questions of the Council. City of Chula Vista Page 2020-10-20 Agenda Packet Pao 18 of 294 City Council Meeting Minutes-IDraft. February 18,2020 Peace Officer Pinedo spoke regarding the Homeless Outreach Team and its efforts. !Mayor Salas opened the public hearing. Delfina Gonzalez, Chula Vista resident, submitted written documentation, and was not present to speak. Jo Carr, Chula Vista resident, spoke regarding the need for homeless shelters in Chula Vista.. !Mayor Salas closed the public hearing. Council discussion ensued.. ACTION: A motion was made by Gouncilrmember Padilla, seconded by Gouncilmember McGann,to accept the report.The notion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Balms INo: 0 Abstain: . 20-0005 A. RESOLUTION NO. 2020-031 OF THE CITY COUNCIL OF THE CITY OF Com.. .. LA VISTA CONSIDERING AN ADDENDUM IS1 -0002 TO FINAL. ENVIRONMENTAL IMPACT REPORT FOR VILLAGE. FIGHT WEST (FEIR 10-03) B. RESOLUTION NO 2020-032 OF THE CITY COUNCIL OF THE CITY OF CULA VISTA APPROVING AMENDMENTS TO THE C HULA VISTA GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO REFLECT T LAND USE CHANGES FOR APPROXIMATELY 300 ACRES WITHIN THE OTAY RANCH VILLAGE EIGHT WEST PLANNED, COMMUNITY, INCLUDING ASSOCIATED TEXT, MAPS AND TABLES C. RESOLUTION NO. 2020-033 OFT E CITY COUNCIL OF THE CITY OF CHUL.A VISTA AMENDING THE OTAY RANCH VILLAGE EIGHT WEST" SECTIONAL PLANNING AREA (BPA) PLA (MPA19-01011), INCLUDING THE PLANNED COMMUNITY DISTRICT REGULATIONS/DESIGN PLA (FORM BASED CODE),, TG REZONE A PLANNED MIDDLE SCHOOL SITE FROM "TOWN CENTER" TO "MEDIUM-HIGH RESIDENTIAL,5) TRANSFER 284 RESIDENTIAL UNITS FROM VILLAGE EIGHT FAST TO VILLAGE EIGHT WEST, REDISTRIBUTE RESIDENTIAL UNIT` AND COMMERCIAL SQUARE DOTAGE AMONG VILLAGE EIGHT WEFT PARCELS, REDUCE THE SIZE O1= THE NEIGHBORHOOD PARK, EXTEND, AN INTERNAL STREET TO THE SOUTHERN BOUNDARY OF' VILLAGE EIGHT WEST TO CONNECT TO A PLANNED OFF-SITE STREET PROVIDING, ACCESS TO THE FUTURE CHULA VISTA GREENBELT TRAIL AN OTAY RANCH SOUTH COMMUNITY PARK, RELOCATE AN INCREASE 'THE SIZE O1= THE ON-SITE WATER QUALITY/ HY ROMODIFICATION BASIN AND ADD AN OFF-SITE WATER City of Chula Vista Page 6 2020-10-20 Agenda Packet Pa c 19 of 294 City Council Meeting Minutes-IDraft. February 18,2020 QUALITY BASIN WITHIN THE DEVELOPMENT ENT F OOTPRI NT OF THE OTAY RANCH SOUTH COMMUNITY PARI D. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY [DISTRICT (FORM BASED CODE) REGULATIONS NS FCR OTAY RANCH VILLAGE EIGHT WEST (FIRST READING) E. RESOLUTION NO. 2020-034 OF THE, CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR THE OTAY RANCH VILLAGE SIGHT WEST PROJECT SUBJECT TO THE CONDITIONS CONTAINED NTr NF HEREIN F. RESOLUTION NO. 2020-035 OF THE, CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE OTAY RANCH VILLAGE EIGHT IVES' MASTER PRECISE PLAN G. RESOLUTION NO. 2020-036 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TGIF OTAY RANCH VILLAGE EIGHT EAST SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT TO REMOVE 284 RESIDENTIAL DWELLING UNITS H. RESOLUTION NO 2020-037 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE MAS' FOR OTAY RANG.. .. VILLAGE EIGHT EAST TO REMOVE 284 RESIDENTIAL DWELLING UNITS (CHULA VISTA TRACT 13-03) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Sr. Project Coordinator Kluth gave a presentation on the item and answered questions of the Council. Mayor Casillas Salas opened the public hearing. Curt Smith, representing HomeFed Village 8, spoke in support of staff's recommendation. Mayor Casillas Salas closed the public hearing. ACTION: A motion was made by Cauncilmember Padilla, seconded by Councilmember MlcCann, to adapt Resolution No. 2820-031 (Itern 8A), heading read, text waived. 'The motion carried by the following vete: Yes: 5- Diaz, Ga vez, McCann, Padilla and Casillas Salas No: 0 Abstain-, 0 City of Chula Vista Page 7 2020-10-20 Agenda Packet Pale 20 of 294 City Council Meeting Minutes-IDraft. February 18,2020 ACTION: A motion was made by Gouncilmember Padilla, seconded by Councilmember McGann, to adapt Resolutions Nos. 2020-032 through 2020-03,7(Items 813 through C and 8E through 8H), and place the above ordinance (Item 8C�) on first reading, headings read,text waived.The motion carried by the followings vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas INo: 0 Abstain: ACTION ITEMS 31. 20-0041 A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER 31, 201 B. RESOLUTION NO. 2020-038 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2019/2020 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (415 VOTE REQUIRED) C. RESOLUTION NO. 2020-039 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE FIRE DEPARTMENT WITH NO NET INCREASE IN AUTHORIZED STAFFING D. RESOLUTION NO. 2020-040 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2019/2020 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, BW 0321 "RI DA BAYFRONT ,SEWER I PROVBM F NTB'1; AND APPROPRIATING FUNDS THEREFOR (415 VOTE REQUIRED) E. RESOLUTION NO. 2020-041 O1= THE CITY COUNCIL O1= THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2019/2020 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, G GV0250 "ENERGY EFFICIENCY PROJECTS CV EATC'y; AND APPROPRIATING FUNDS THEREFOR (415 VOTE REQUIRED Budget Manager Prendell and Director of FinancelTreasurer Bildt' presented the stern and answered questions of the Council. ACTION: A motion was made by Councilmember McCann, seconded by Counclilmember Padilla, to accept the report and adopt Resolutions Nos. 2020-038 through 2020-041, headings read,Next waived.The emotion carried by the following vote: Yes: 5- Diaz, Galvdez, McCann, (Padilla and Casiillas Salas INo: 0 Abstain: 0 City of Chula Vista Page g 2020-10-20 Agenda Packet Page 21 of 294 City Council Meeting Minutes-IDraft. February 13,2020 10. 20-0043 A. RESOLUTION NO. 2020-042 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE AYFRONNT PROJECT SPECIAL TAX FINANCING DISTRICT, RECITING THE. FACT OF THE SPECIAL MAIL. BALLOT ELECTION HELD ON FEBRUARY 18, 2020 IN SUCH DISTRICT, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW B. ORDINANCE OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL TAX F=INANCING DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH DISTRICT (FIRST READING) Warren Diven, representing Best Best&Krieger,provided information on the proceedings for the item. City Clerk Bigelow announced that Propositions A, B, and C had passedunanimously and that Exhibit to Resolution A, which declared the results of the election, had been distributed to Council. ACTION: A motion was made by Gauncilmember McCann, seconded) by Counclilmember Padilla, to adopt Resolution No. 2020-042, heading read, text waived. 'The motion carried by the following vote: Yes: 5- Diaz, Ga vez, McCann, Padilla and Casillas Salas No: 0 Abstain: 0 ACTION: A motion was made by Gauncilmember McGann, seconded by Councilmember Padilla, to place the ordinance on first reading, heading read, text waived. The motion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas INo: Abstain: 0 11. 20-0068 RESOLUTION NO. 020-043 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2019/2020 CITY ATTORNEY BUDGET TO FUND THE POSITIONS OF PARALEGAL AND INVESTIGATOR USING EXISTING CITY ATTORNEY BUDGET RESOURCES City Attorney Goo ins gave a presentation on the item. Council discussion ensued. ACTION: A motion was made by Gauncilmember IDiaz, seconded by Councillmemlber McGann, to adopt Resolution No. 2020-043, heading read, text waived. The motion carried by the following vete: Yes: 4 Diaz, McCann, Padilla and Casillas Salas INo: 1 - Galvez Abstain: 0 City of Chula Vista page 9 2020-10-20 Agenda Packet Page 22 of 294 City Council Meeting Minutes-(Graff February 18,2020 CITY MANAGER'S REPORTS There were none. MAYOR'S REPORTS 112. 20-0069 A. RATIFICATION O APPOINTMENTS TO THE FOLLOWING COMMISSIONS: -Devon Boyd, Historic Preservation Commission -Maria. Carolina Hoyos, Housing Advisory Commission -Genie Irish, Historic Preservation Commission B. RATIFICATION OF APPOINTMENTS TO THE YOUTH ACTION COUNCIL: -Antonio Baeza -Patricia Bessie -Rebeca Castillo -A nika Daglish -Christopher Garcia -Steven Hahn -Celina Miranda -Pranav Nambiar -Arturo Osoiro Jr. -Meghan Palitz - ilana Rodriguez -Andrea Roo i -Rodrigo Tapia Guevara -Hector' idriie -Alejandra Villalvazo -Eliya Yoo ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Padilla, that appointments listed in. Item 12A be ratified. The motion carried by the following vote: "Yea: 5- Diaz, Galvez, McCann, (Padilla and Casillas salas No: Abstain: 0 ACTION: A motion was made by Councilmember McCann, seconded by Councilrnember Diaz, that appointments listed in Item 12B be ratified. The motion carried by the following vete: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas salas No: 0 Abstain: 0 City of Chula Vista Osage 10 2020-10-20.agenda Packet Page.23 of 294 City Council Meeting Minutes-(Draft. February 18,2020 !Mayor Casillas Salas extended belated Valentine's Clay greetings. She congratulated the Chula Vista Charitable Foundation on its 10-year reunion, and congratulated a caliper cover company in the City that had grown from two employees to 3 .. COU NCILM EMBERS' COMMENTS 113. -0058 C O NCILMEMBER Mc CANN: RESOLUTION N NCS. 2020-044 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING NG STATE SENATE BILL 723 (JONES), WHICH SEEDS TO CLARIFY STATE LAW AS IT PERTAINS TO INDIVIDUALS WHO ARE PROHIBITED FROM POSSESSING A FIREARM AND ASSOCIATED PUNISHMENTS ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Padilla, to adopt (Resolution No. 2020-044, heading read, text waived. The notion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas No: 0 Abstain: 0 Councilmember Calvez expressed concern regarding teen vaping. City Manager Halbert stated the Healthy Chula Vista Advisory Commission had an item scheduled for the next meeting with a recommendation to prohibit flavored tobacco products as well as non-FDA-approved vaping devices. There was consensus of the Council to discuss the issue when considering the Healthy Chula Vista Advisory Commission item. CITY ATTORNEY'S REPOR S City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Mayor Casillas Salas recessed the meeting at 9:15p.m. The Council reconvened in Closed Session at 9:2,5p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. City of Chula Vida Osage 11 2020-10-20 Agenda Packet Pale 24 of 294 City Council Meeting Minutes-IDraft. February 18,2020 14. 0-0048 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO OV RNMENT CODE SECTION 54958.9 (d)(1), A. Name of case: Maximinia Alvarado v. City of Chula Vista, San Diego Superior Court, Case No. 37-2018-00007565-CU-PO-CTL. B. Name of case: City of Chula Nista v. Monsanto Co., et al., United States District Court, case number 18-cv-1°942-WQH-AGS. ACTION: A: Approval of contract with Dunn DeSantis'Walt&Kendrick, LLP : No reportable action. 115. 20-0066 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 5498.9d [or] 8 : One [1 ] Case. Notice of Potential Liability and Claim for Damages and Performance, in Connection with Historical and Potential Future Releases of Hazardous Materials within the San Diego day Wildlife Refuge ;site in Chula 'Vista and National City, as set forth in a Letter dated January 81, 2020 from the Office of the Solicitor, United States Department of Interior. ACTION: No reportable action. ADJOURNMENT The meeting was adjourned at :56 p.m. Minutes prepared by.Sheree Kansas,Deputy CityClerk Kerry K. Bigelow, MMC, City Clerk City of Chula Vista Osage 12 2020-10-20.agenda Packet Page 25 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 20,202,0 File ID: 20-0408 „MITI RESOLUTION OF THE CITY COUNCIL of THE CITY of CHULA VISTA APPROVING AGREEMENT BETWEEN CITY of CHULA VISTA AND CITY OF NATIONAL CITY To PROVIDE ANIMAL SHELTER SERVICES RECOMMENDEDT Council adopt the resolution. SUMMARY The City of National.City has contracted with the Chula Vista animal Care Facility(CVACF)to perform Animal Care Services.The Animal Care Facility will be utilized to provide shelter and medical services to the City of National City and its residents.. ENWRONMENTAL 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. 50601(c)(3) no environmental ental review is required. Notwithstanding the foregoing, the activity qualifies for, an: Exemption pursuant to Section 150 6 1(b)(3) of the California Environmental Quality Act State Guidelines. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable DISCUSSION Since 1987, the City of National City has contracted with the Chula Vista Animal Care Facility to provide City y desires to continue to contract for shelter an. medical services to its residents. The Cit o National Cit, these services,and their City Council approved the attached agreement on June 1 , 2020. The City of National City conducts its oven Animal Control and licensing functions through their Police Department.t. .Animal Control officers use the CV.A.CF for shelter services when they impound animals. National City residents bring stray animals and relinquishments to the shelter as well. The attached agreement is for a one-gear term effective July 1, 2020,with three additional one-year options to extend the contract. 1 . 0 0 1 P Ii1 2020-10-20 Agenda Packet Page 26 of 294 The pricing is based upon animal intake for the most recent calendar year. In 2,019,animal intakes from the City of National City comprised approximately 16% of the animal intake. The contract price of$434,333 for FY21 is commensurate with that proportion of shelter use. DECISION-MAKER C"ONFLICT 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 Councilmembers 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 Councilmember, of'any other fact that may constitute,a basis for a decision-maker conflict of interest in this matter. CURREN'T­YEAR FISCAL IMPACT Approval of the resolution results in no net fiscal impact to the General Fund. These funds are currently budgeted in the Animal Care Facility budget for fiscal year 2020-21. ONGOING FISCAL IMPACT There is no new ongoing fiscal impact to the General Fund resulting from approval of this resolution as the appropriation is fully offset by the revenue generated through this contract.Future allocations for these costs will be considered as part of the normal budget process. ATTACHMENTS 1. Agreement Staff Contact:Amanda Mills,Animal Care Facility Administrator P 2 2020-10-20 Agenda Packet Page 2 7 of 294 RESOLUTION O. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOLA VISTA APPROVING AGREEMENT BETWEEN CITY OF CHULA VISTA AND CITY OF NATIONAL CITY TO PROVIDE ANIMAL SHELTER SERVICES WHEREAS, the City of National City has contracted with the Chula Vista Animal Care Facility to provide shelter and medical services to its residents since 1987; and WHEREAS, the City of National City desires to continue to contract for these services for a one-year term, beginning July 1, 2020, with three one-year options to extend with the parties' mutual agreement-, and WI-Ii EREASI there is no fiscal impact to the General Fund as the costs are fully offset by the revenue generated through this contract. The contract pricing is based upon animal intake from National City for the most recent calendar year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the AGREEMENT' BETWEEN CITY OF CHULA VISTA AND CITY OF NATIONAL CITY PROVIDING ANIMAL SHELTER 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 City Manager to execute same. Presented by Approved as to form by Amanda Mills Glen R. goo gins Animal Care Facility Administrator City Attorney C:\Users\legistar\AppData\Local\Tei-np\BCL Technologies\easyPD F 8\((�,BCLC6�,640EA8C5\ :�BCL((�,640EA8,C5,docx 2020-10-20 Agenda Packet Pale 28 of 294 AGREE MENT BETWEEN CITY OF CHULA VISTA AND CITY OF NATIONAL CITY PROVIDING ANIMAL SHELTER SERVICES This agreement ("Agreement"), dated jvOt 16 20 20 for reference purposeS, only, and effective as of the date last executed is between the City of Chula Vista, ("City"), a chartered municipal corporation of the State of California, and the City of National City ("National City"), a municipal corporation of the State of California. The Cilty of National City may be referred to herein individually as Party and the City of Chula Vista and the City of National City may be referred 'to, herein collectively as "Partiles." This Agreement is made with reference to the followin9 , facts: RECITALS WHEREAS 3,10 Beyer I City owns and operates an animal care facility, located at 11 Way, Chula Vista, California and provides a full range of animal control serviceS , tothe citizens of Chula Vista# and WHEREAS! National City desires to enter into an agreement with City; whereby City will provide, animal shelter services for the impounding, adoption, redemption, and the care and disposition of dogs, cats, and other small animals; and WHEREAS„ City has the authority to enter into contracts with other agencies to provide such servilcies. NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable con si ildle ration, the Parties hereto do hereby agree as follows: ARTICLE I. TERM 1.1 Term. This, Agreement shall be for a one (1) year term commencing on July 1, 2020. (A) Options to Extend. Parties may extend the Agreement for three (31 aididitional one (1) year terms. (B) Notice,, ',National City shall provide written notice to City at least sixty (60) calendar days, but no more than ninety (90) calendar days, prior to the expiration of the term of this Agreement expressing its intent to exercise an options to, extend this Agreement. ARTICLE 11. SCOPE OF SERVICES 2.1 General Seirvices. City shall provide general animal shelter, and irelated administrativie services to the residents of National City to the extent and in the Animal Control Services Agreement Page 1 2020-10-20 Agenda Packet Pale 29 of 294 manner set forth herein. (A) Steel te�rervices. City shall provide the shelter services to the residients of National City in the manner and type described below: (1) Shietter Location. Shelter Services shall be provided at the facility located in the City of Chula Vista at 130 Beyer Way. (2) Hours of Operation. The facility hours are currently 101:100am to 5:010pm, Tuesday through Friday, and 10:00arn to 4:00prn on Saturday. The facility will be closed on Sunday, Monday, and all major holidays. (a) Changes in Hours of Operation. City shall notify National 'city of ,changes to facility hours in advance of such changes. (3) Types of Services, (a), Strays. City shall accept strays at no charge to the National City residents. (bi), Relinquishing Animals. National City residents may rielinquish owned animals to the facility for euthanasia or adoption as space ,allows. There is a fee to the customer for the service. (c), Redeerning Animals. National City residents may redeems animals from the facility. (d Holding. City agrees to hold all dogs and cats for the minimurn holding period required by the California Food and Agricultural ,Code and other applicable state law. As per applicable state code sections, animals with communicable diseases and severe injuries or illness may be euthanized prior to the expiration of the normal iholding period. Veterinary medical care will be provided as needed fora impounded animals for the duration of their holdperiod as needed. City will attempt to notify owners of identified anUmals that their animal is in the custody of the City Animal Care Facility and advise them of the holding period. National City shall reliniquish to City for disposition in accordance with all applicable laws,,,, policies or procedures as deemed appropriate by the City Animal Care Facility Administrator all animals held in the animal care faicility and snot claimed or adopted. Upon payment of all appropriate fees City will release to the legal owner, any impounded domestic animal. City will have discretion without recourse to National City to, release animals under special circumstances regardless of payment of 'fees. Animal Control Setvides Agreement Page 2 2020-10-20 Agenda Packet Pane 30 of 294 i (i) No Medical Research. City will not sell or give any live animal to a medical research facility at any time or from any jurisdiction. (e) Spaying and Neutering. City will ensure all dogs, cats and rabbits adopted from the shelter are spayed or neutered at the time of adoption; Additionally, the City Animal Care Facility will provide the public with low-cost spay/neuter information and assistance. This service is made possible through grants and donations as available. (f) Maintenance of Facility. City shall maintain its facility in a humane 3 manner and shall keep its facility in a sanitary condition at all times. All services furnished by City shall be provided in accordance with local laws and the laws of the State of California. City shall use humane methods in the care, euthanizing, and disposition of any animal coming under its jurisdiction, (C) Administrative Services. City shall provide the following administrative services. (1) Meetings. City will provide a representative to attend any National City meetings that involve animal shelter issues upon request and with reasonable notice. (2) Meet and Confer. A City representative will meet and confer in good faith with a National City administrator over operational issues associated with the administration of this Agreement. (3) Reports. City will provide monthly reports to National City, upon request. These reports will include the number of impounds, redemptions, euthanizations, service responses, and adoptions. (4) Notification. City shall establish a notificationolio for its officers with p v the assistance of National City officials. The policy shall identify the types of incidents for which City Animal Control will be required to notify designated National City officials. Notification shall include the nature, circumstances, and status of the incident City will also provide, if requested, copies of all supporting documents and information involving the incident. National City will provide a list of its designated city officials to City and the recommended methods to contact the designated individuals. 3 s (5) Testimony. When requested by National City, and at an additional cost, City shall make its employees and/or other percipient witness under its control, available for any challenge stemming from the services provided # Animal Control Services Agreement Page 3 l i 1 9 p E herein (including but not limited to Municipal Code citations) as needed to testify in a court of law, administrative or other proceeding. This duty ' shall survive the termination of this Agreement. r ARTICLE 111. EXCLUDED SERVICES i 3.1 Excluded Services. The following services are not included in the Scope of Services covered under this Agreement (A) Indigenous Animals. City will not trap skunks, opossums or other indigenous small animals for the purpose of nuisance control. Wildlife will only be handled for purposes of public safety or for humane reasons. Cat traps will be provided and monitored by National City. (B) Dead and Injured Animals. Dead animals on private property are the responsibility of the property owner. Sick or injured animals are the responsibility of the animal owner. (C) Licensing. All dog and/or cat licensing will be provided and monitored by National City. ARTICLE IV. NATIONAL CITY OBLIGATIONS 4.1 Payment., National City shall pay the City the following in the amount and manner set forth herein. (A) Monthly Payments. Commencing on July 1, 2020 National City agrees to pay City $36,194 per month for FY 2020/2021 (July 1, 2020- June 30, 2021). (1) Invoices and Payment Date. The City Finance Office shall submit quarterly billing to National City on or before the 15th day of the month following the billing period and that amount shall be due andpayable . � within thirty (30) calendar days of the invoice date. (2) Redemption Fees. Monthly payments shall be reduced by any Redemption Fees collected under this agreement. (B) Pricing of Contract Extensions. Pricing for each subsequent fiscaly ear and contract extensions shall be based on an average of Animal Intakes from the preceding three (3) calendar years. Pricing cannot increase or decrease by more than 5% from the prior year. 3 (1) No later than April 30 each year, the City will notify National City of the actual Animal Intakes for the preceding calendar year and the proposed . y p p contract pricing for the upcoming fiscal year. Animal Control Services Agreement Page 4 i r 1 (2) If National city desires to execute an option to extend, it shall notify City in writing no later than May 31 of each year that it accepts the proposed contract pricing for the upcoming fiscal year and, thereby, executes an option to extend the contract for a one (1) year term. h I (C) cat and Dog Spay/Neuter Clinics. As long as the Animal Care Facility receives grants and donations for monthly low cost spay/neuter clinics, this service will be provided at no cost to National City. If grants/donations do not cover monthly clinics National City will pay $1,500 per clinic up to 4 clinics per year. 4.3 Support Services. (A) Provision of Data. National City shall provide city with a current listing of all animal licenses issued, including permits or licenses for dogs, cats, dangerous dogs or animals, exotic animals, kennels, pet shops, ranches or farms, dog shows, obedience trials and circuses, (B) Notice of Scheduled Meetings. National city shall notify city at least 72 hours in advance of any animal--related issues, which are anticipated to be scheduled on an agenda for the City Council or any legislative or administrative body of National City when city employees will be required to appear, (C) Police Services. National city shall provide all required police services within National City, including providing police backup upon request of a city Animal Control officer. (D) Legal Representation. National City will provide legal representation in cases of public nuisance, dangerous and potentially dangerous animal cases, and for lawsuits, claims, or litigation pertaining to those cases which are based upon or arise from the actions of National city including its Animal control l officers and employees. ARTICLE V. FEES 5.1 Fees Charged National Citv Residents. National City residents shall be required to pay fees for certain services provided for Animal care by the City. (A) Relinquishment, Redemption and Services Provided, Fees will be charged in accordance with City's master fee schedule unless otherwise agreed to separately in writing with National city. r 3 5.2 Fee Updates. on occasion, City may be required to update fees to account for increased costs. As new fees are adopted, for the purpose of this Agreement, such fees shall replace those currently in effect. 1 Anima!Control Services Agreement Page 5 3 i i 3 �i !i I i ARTICLE V1. INDEMNITY 6.1 National City to Indemnify. National City shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, agents, and volunteers, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons in any manner arising out of, related to, or in connection with the destruction of any animal delivered to and accepted by the Animal Care Facility from National City residents. In addition, this indemnity provision shall cover any alleged acts, omissions, negligence, or willful misconduct of National City, its officials, officers, employees, agents, and volunteers. This indemnity provision, however, does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees, agents, and volunteers. 6.2 City`Duty to Indemnif City shall indemnify and hold National city, its elected officials, employees, officers, agents and representatives harmless for any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the City, or its employees, agents, and officers, arising out of any services performed under this Agreement. city's duty to defend and Indemnify shall not extend to any claims or liabilities arising from the sole negligence or sole willful misconduct. of National City, its agents, officers or employees. 6.3 Costs of Defense and Award. Included in the obligations in Sections 6.1 and 6.2, above, is the Indemnitor's obligation to defend, at I ndem n itor's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Indemnitee, its directors, officials, officers, employees, agents and/or volunteers. Indemnitor shall pay and satisfy an judgment, award or decree that a iy may be rendered against Indemnitee, its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 6.4 Insurance Proceeds. Indemnitor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnitee, its directors, officials, officers, employees, agents, and/or volunteers. 6.6 Enforcement Costs. Indemnitor shall pay any and all costs Indemnitee incurs enforcing the indemnity and defense provisions set forth in Article VI. 6.6 Survival. Indemnitor's obligations under Article VI shall survive the termination of this Agreement. Animal Control Services Agreement Page 6 ARTICLE VII. FORCE MAJEURE 7.1 Definition, An Event of Force Majeure means an occurrence beyond the control and withoultthis fault or negligence of a Party, including but not limited to, unusually severe weather, flood earthquake, fire, lightning, and other natural catastrophes acts of Gold or the public enemy, war, terrorist act, riot, insurrectlion, civil disturbance or,disobedience, strike, labor dispute, road impediments, expropriation or confiscation of facilities changes of applicable law, laws or orders, relate d to pandemics, such as COVID-19, or sabotage of facilities, so long as suich Party makes good 'faith and reasonable efforts to remedy the delays or failures in performance, caused thereby. 7.2 Force Majweu�rie. The parties shall be excused for any delay or failure to, perform its duties and obligations under this Agreement to the extent that such failure, or delay is caused by an Event of Force Majeure as set forth in section 7.1. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in section 7.1 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event. City reserves, the right, at its sole discretion, to temporarily suspend, chan9 , e and resume the, type and frequency of services provided to comply with Federal, State, County and City laws or orders in response to an Event of Force Majeure. Examples ofithan ged or limited services include but are not limited to cloising the shelter to the, public or offering essential services by appointment only,1 such as identifying a lost pet, and suspending in-person services such as vaccinlations, licensing, owner surrenders, microchipping, trap rental, and spay-neuter services. Resources, and staffing allowing, City will make reasonable efforts to educate the public of servilcle changes through its webpage and social media platform's, as well as to provide services such as adoptions and licensing through its websitle or by email. 7.3 Notice. Each party shall give written notice to the otherparty as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5 working days after the, ,party becomes aware of such delay or failure. AL go 7.4 No Aajusltmieints. No Event of Force Majeure shall be a basis for monetary adjustment to, amounts, payable under this Agreement. ARTICLE VIII. TERMINATION OF AGREEMENT Animal Control Services Agreement Page 7 2020-10-20 Agenda Packet Pale 35 of 294 8.1 Termiinatioin for Convenience. Either Party may terminate this Agreement atany time and for any reason, by giving specific written notice of such terminatilon and specifying thie effective date thereof at least ninety (90) days before the effective date of such termination. If the Agreement is terminated by National City as provided for iiiin this paragraph, City shall be entitled to receive dust and equitable compensation for all services performed prior to the effective date of such termination and the payments shall be prorated should the effective date of termination, snot end on the last day of the month. If the Agreement is terminated by the City as, provided for in this paragraph, National City shall be entitled to, continue to receive services under this Agreement up until the effective date of such termination. 8.2 Termination for Cause. if, through any cause either party shall substantially fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any ofits covenants, agreements or conditions, the Party not in breach shall have the right, to terminate this Agreement by giving written notification of such termination anid specifying the effective date thereof at least five (5) dayS, before termination. If' 'the Agreement is terminated by National City as provided forin this paragraph, City shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination,1 and the payments shall be prorated should the effective date of termination not end on the last day of three imonth. If the Agreement is terminated by the City as provided for in this paragraph, National City shall be entitled to continue to receive services, under this Agreement up until the effective date of such termination. ARTICLE IX. NOTICES 9.1 Method of' Niolfification. All notices and demands shall be given in wiriting by personal deliviery or first-class mail, postage prepaid, addressed to the Administrator) or his/her designee, designated below for the respective party,. 9.2 Designation and Contact Information. The following, including their, respective addresses, are hereby designated as Administrators for the purposes, of this Agreement on! Y' (A) City of'Chula Vista Deputy lt City Manager, and/or his/her designee 276 Fourth Avenue Chula Vista, CA 91910 (B) City Natlional City City Manalger, and his/her designee 1243 National City Blvd National City, CA 91950 Animal Control Setvices Agreement Page 8 2020-10-20 Agenda Packet Pale 36 of 294 9.3 chant es. If the Administrator, designee or address of either party changes, notice of the change shall be sent to the other party. After the recelp't of the notice of chiange, all future notices or demands shall be sent as requirield by the notice ofchiange. ARTICLE X. MISCELLANEOUS PROVISIONS 10.1 Headinqsal AH article headings are for convenience only and shall not affect the interpretation of this Agreement. 10.2 Gender & Number. Whenever the context requires, the use herein, of (1) the neuter genidier includes the masculine and the feminine genders and (1i) the singular number includes the plural number. 10.3 Reference, to Parawaphs. Each reference in this Agreement to a section refers, unless otherwise stated, to a section this Agreement. 10.4 IncorporaIII III Ullon of Recitals and Exhibits. All recitals herein and exhibits attached heireto are incorporated into this Agreement and are made a part hereof. 10.5 Covenants and Conditions. All provisions of this Agreement expressed as either coveniants, or conditions on the part of the City or National City shall be deemed to be both covenants and conditions. 10.6 Integration. This Agreement and any exhibits or references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modificaltilon ofthe terms or conditions of this Agreement, and no verbal understandinig of the Parties, their officers, agents, or employees shall be valid unless madle in the form of a written change agreed to in writing by both Parties or an amendment to this Agreernient agreed to by both Parties. All prior negotiations and agreements are mergedinto this Agreement. 10.7 Severa In the event that any phrase, clause, paragraph, section or, other portion of this Agreement shall become illegal null or void or aga,i'n�sitpublic policy, for any reason, or shall be held by any court of competent 4urisidilction to be illegal, null or void, against publicpolicy, or otherwise unenforceable, the remaining portions of this Agreement shall not be affected and shall remain in force and effect to the fullest extent permitted by law. 10.8 Draftinc i Aim�bmuities. The Parties agree that they are aware that they have the right to be aldvised by counsel with respect to the negotiations, terms and conditions, of this Agreement, and the decision of whether or not to seek advice of counsiell with respect to this Agreement is a decision that is, the sole Animal Control Setvides Agreement Page 9 2020-10-20 Agenda Packet Page 37 of 294 s s fi i 1 responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 10.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and any exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 10.10 Compliance With Law. The parties shall, at their sole cost and expense, comply with all the requirements of municipal, state, and federal authorities now in effect or which may hereafter be in effect related to this Agreement. 10.11 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. This Agreement shall be deemed made and entered into in San Diego County, California. 10.12 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against either Party unless a claim has first been presented in writing, filed with and acted upon by the alleged offending Party in accordance with the procedures set forth in its respective Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by each Party in the implementation of same. Upon request by either Party, the Parties shall meet and confer in good faith for the purpose of resolving any dispute over the terms of this Agreement 10.13 Fees. In the event an action or proceeding shall be instituted in connection with Y p g this Agreement, including without limitation the enforcement of an indemnification obligation contained herein, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys' fees and costs incurred in bringing or defending such action or proceeding and/or enforcing any judgment granted. 10.14 Jurisdiction and Venue. This Agreement shall beoverned b and construed g Y in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts g Y located in San Diego County, State of California, and if applicable, the City of { Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the city of Chula Vista. Animal Control Services Agreement Page 10 10.15 _.Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of r California, 10.15 Assignment. This Agreement or any right or privilege hereunder shall not be assigned to another by any Party without the express written consent of the city. Consent to an assignment shall not be deemed to be consent to any subsequent assignment. Any such assignment without such consent shall be void. 10.17 No waiver. No failure of either Party to insist upon the strict performance by the other Party of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any default hereunder shall be implied from any omission to take any action on account of such default. The consent or approval to or of any act requiring consent or approval shall not be deemed to waive or render unnecessary future consent or approval for any � subsequent similar acts. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 10.18 Additional lei hts. No rights other than those specifically identified herein shall be implied from this Agreement. 10.19 Cumulative Remedies. All rights, options, and remedies contained in this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and each Party shall have the right to pursue any one or all of such remedies or to seek damages or specific performance in the event of any breach of the terms hereof or to pursue any other remedy or relief which may be provided by law or equity, whether or not stated in this Agreement. 10.20 Independent Contractor. Unless otherwise stated in this Agreement, all persons employed in the performance of services and functions for National city under this Agreement shall be City employees, agents, or contractors thereof. No 1 National city employee shall perform services or functions that city is obligated to provide under this Agreement. All City employees who are employed by City to perform the services pursuant to this Agreement shall be entitled solely to the rights and privileges given to city employees and shall not be entitled, as a result of providing services pursuant to this Agreement, to any additional rights and privileges given to National City employees. National city shall not be liable for the direct payment of any salaries, wages, or the compensation to city f personnel, agents, or contractors performing services pursuant to this I Agreement, or any liability other than that provided for in this Agreement. Unless specified otherwise, National City shall not be liable for compensation or indemnity to any city employee, agent, or contractor for injury or sickness or any other claims arising out of his or her employment. City is an independent Animal Control Services Agreement Page 11 contractor, and no agency relationship, either expressed or implied, is created by the execution of this Agreement. 10.21 Good Faith. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. Both Parties agree to meet and confer in good faith with City's Animal Care Facility Administrator regarding operational matters upon request. 0.22 Sic , ning Authority. The representative for each Party signing si nin on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist. [Signature Page Follows] SIGNATURE PACE TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND CITY OF NATIONAL CITY PROVIDING ANIMAL CARE SERVICES CITY OF CH U LA VISTA Date: Approved as to form: Glen Googins Maria Kachadoorian City Attorney City Manager Attest: f i i Kerry Bigelow City Clerk CITY OF NATIONAL CITY Gate: Animal Control Services Agreement Page 12 f 3 , Approved as to form: Angel P. Mori Jones 3 Nicole Pedone Bra Senior Assistant City Attorney City Manager 1 f Attest: N Mike Dalla City Clerk 1 i i Animal Control Services agreement Page 13 C'ITY" COIUi "rATEML AG =Lm N D Ai!6' S CITY OF Ali CHUIAVISTA October 20,2020 File IIS: 20-0396 TI'TLE ORDINANCE of THE CITY" of CHULA VISTA AMENDING CHAPTER 2.25.105(Di) OF THE CHULA VISTA MUNICIPAL CODE RELATED To THE PROCESS BY WHICH BOARD OR COMMISSION MEMBERS MAY BE REMOVED FOR CAUSE (FIRST READING) ACTIONRECOMMENDED Council place the ordinance on first reading. SUMMARY Adoption of the ordinance ,would revise the process by which board and commission members may be removed for cause. ENVIRONMENI'At.REVIEW 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" as defined under Section 15378 of the State C ,A Guidelines because it will not result in a physical change in the environment; therefore,pursuant to Section. 1,5060(c)(3) of the State CEQA Guidelines,the activity is not subject to CE S. Thus,no environmental review is required. DISCUSSION Currently, Chula Vista Municipal Cade (CVMC) section 2.25.105D calls for a Council subcommittee, comprised of the Mayor and Deputy Mayor, to monitor board and commission member attendance and training records and potentially mare recommendations to the full Council to consider removing a member for cause.Reasons a member may be removed for cause are specified in the CVMC and include absence from more than 50 percept of the meetings in one fiscal year and failure to attend mandatory training. Due to the potentially sensitive and quasi-personnel matters that may be considered during the board and commission member review process,and in response to a referral on September 1,2020 from the Board and Commission Member Review 5ubcorn.mittee,staff is recommending that the board and commission member review process be revised. Instead of a subcommittee that is required to consider such matters during public meeting, under the revised process the Mayor would conduct the review. After consulting with the staff liaison,nominating authority,the City Clerk,and City Attorney,if the Mayor found removal of a member 1111. 0 0 1 P � 11 2020-10-20.agenda Packet Pale 42 of 294 for cause warranted,the Mayor could make a recommendation to the full Council for a vote, on the removal of a member. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently,the 500-foot rule found in California Code of'Regulations Title 2,section 187'02.2(a)(11),is not applicable to this decision for purposes of'determining a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal. Gov't Code§87100,et seq.).Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT None., ONGOING FISCAL IMPACT None. ATTACHMENTS 1. Ordinance- Redline version Staff Contact.-Leah Larrarte, City Clerk's Office P 2 2020-10-20 Agenda Packet Pale 4,3 of 294 ORDINANCE NO. ORDINANCE of TIME CITY of CHULA VISTA AMENDING CHAPTER 2.25.105(D) of TIME CHULA VISTA MUNICIPAL CODE RELATED To TIME PROCESS Y WHICH BOARD OR COMMISSION MEMBERS MAY BE REMOVED FOR CAUSE WHEREAS, Chula Vista Municipal Code (CVMC) section 2.25.105(D), provides reasons for which a board or commission member may be removed from their seat for cause, including excessive absences and failure to attend mandatory training sessions; and. WHEREAS, section 2.25.105(D) calls for a Council subcommittee, comprised of the Mayor and Deputy Mayor, to monitor board and commission member attendance, training records, and other situations that may be cause for a member's removal, and potentially make recommendations endations to the full Council to consider removing members and WHEREAS, the subcommittee's conduct is subject to the Brown. Act, requiring its meetings to be open to the public; and.. WHEREAS, due to the potentially sensitive and quasi-personnel matters that may be considered during the board and commission member review process, the subcommittee recommended revising the process by which board and commission members may be removed for cause; and. WHEREAS, the City Council desires to revise the process such that the Mayor would conduct the review and., after consulting with the staff liaison, nominating authority, the Citi Clerk, and City Attorney, if the Mayor found removal of a member for cause warranted, the Mayor could make a recommendation to the full Council for a vote on their removal. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section 2.25.105., subsection D., of the Chula Vista Municipal Code is hereby amended read as follows [Subsections 2.25.105..x. through C, and E., remain unchanged] 2.25.105 Membership —Vacancies. D. Remav�ai far �"ause. 1. A.member may be removed for cause by three affirmative votes of the City Council.. ,. A.member may be removed for cause for the following reasons.. C:\Users\legistar\AppData\Local\Tei-np\BCL Technologies\eaI T F 1( BCL 2 7B 1cr,BCF ,2COE 7B ,docx 2020-10-20 Agenda Packet Pale 44 of 294 Ordinance Page 2 a. Absence from more than 50 percent of the meetings of the board or commission in one fiscal year, whether or not excused by a majority vote of its members; b. Unavailability or conduct which interferes with the board or commission's ability to conduct business; c. Failure to attend training sessions mandated by the City; d. Violation of any City policies or City, state or federal regulations that are the subject of mandatory training sessions; or e. Violation of the City's code of ethics, which shall be processed in accordance with Chapter 2,.28 CVMC. 3. The Mayor shall monitor attendance and training records submitted pursuant to CVMC 2.25.120 and reports of situations described in subsections (D.),,(2) b through,(DLd) ,) 2,) of this section. 4. After consultation with the staff liaison for the subject Board or Commission, the nominating authority for the subject Board or Commission position (if any), the City Clerk and the City Attorney, if the Mayor finds removal of a member for cause is warranted, the Mayor may make recommendations to the full Council for a vote on the removal of such member for cause. 5. Prior to the Mayor making a recommendation to the full Council for a vote on the removal of a member for cause, the member shall be notified and provided a reasonable opportunity to submit an explanation for the Mayor and Council's, consideration. 6. Should the Council vote affirmatively to remove the member for cause, the vacancy shall be effective on the date of the Council's action. 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. 2020-10-20 Agenda Packet Page 4,5 of 294 ordinance Page 3 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 IV, Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as, to form by Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2020-10-20 Agenda Packet Page 4,6 of 294 2.25.105 Membership —Vacancies. [Sections 2.25.10�5(A)through 2.25.105(C)remain unchanged] D. Removalfbr Cause. 1. A member may be removed for cause by three affirmative votes of the City Council. 2. A member may be removed for cause for the following reasons: a. Absence from more than 50 percent of the meetings of the board or commission in one fiscal year,whether or not excused by a majority vote of its members, b. Unavailability or conduct which interferes with the board or commission's ability to conduct business-, c. Failure to attend training sessions mandated by the City; d. Violation of any City policies or City, state or federal regulations that are the subject of mandatory training sessions; or e. Violation of the City's code of ethics,which shall be processed in accordance with Chapter 2.28 CVMC. 3. 'I"'he A t sij,-be7( )-4:1-the Mayor Del-i-t-t-ty shall monitor attendance and training records submitted pursuant to CVMC 2.2 .120 and reports of situations described in, subsections(D)(2)(b)through(D)(2)(d)of this section. fl, i ,t 't �a, Yri"It"I'l-ISS-vhvhvh1vhvhvhvh flj 4. After COTISUItatiop witi-11 fl-le sta" I't"lizi,ison ft)r Bo rd or C( .�nonivhvhvhvh _inatiria �I,ttfllority fbr t1je, an s�J,.'J ty_k,`, -d die C"ity AttorngL it' ----------------- --- J.gj ----------------- ------ . ......... +F+t fl-ie Mqyqr,.J,-Irid,s retnoval ofa tnetnber for cg,gse is warra,rite(I die T s i *t R-e-e may make Ik----------------- recommendations to the full Council for a vote on the removal ofa­.s. c I,] member for cause. 54. Prior to the I' yt ee making a recommendation.to the full Council for a vote on,the removal of a mernber for cause,the member shall be notified and[,)-e provided a reasonable opportunity to submit an explanation for the Nryryry44-Yor-and Council's consideration.. . Should the Council vote affirmatively to remove the member for cause,the vacancy shall be effective on the date of the Council's action. [Section 2.25.105(E)remains unchangedl 2020-10-20 Agenda Packet Pale 4,7 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 20,202,0 File IIS: 20-0424 ,TITS RESOLUTION OF THE CITY"COUNCIL OF FETE CITY"OF CHULA VISTA AUTHORIZING THE CITY MANAGER'TO ENTER INTO AGREEMENTS WITH SOUTH BAY COMMUNITY SERVICES, ELITE ATHLETE SERVICES, ANIS LIVING COAST DISCOVERY CENTER, FOR ALLOCATIONS of STATE CARES ACT CORONAVIRUS RELIEF FUNDS ACTIONRECOMMENDED Council adopt the resolution. SUMMARY This item seeks to obtain Council's approval to enter into a Contractor/Service Provider Agreement with. South Bay Community Services using Coronavirus Aid, Relief,and Economic Security(CARES)Act. Coronavirus Relief Funds (CFR) from the State of California in the amount net to exceed$200,000 to be used for a food distribution program service. This item also seeks to obtain Council's approval to enter into agreements with. Elite.Athlete Services and Living Coast Discovery Center to ensure compliance with the CARES Act CRF requirements related to the allocation. of State CARES Act CRF in amounts not to exceed $200,000 and$'75,000,respectively. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance witthe California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/funding mechanism which does not result in a physical change in the environment;therefore,pursuant to Section. 150 0(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable DISCUSSION On March 27, 20201, the President of the United States signed into law the Coronavirus Aid Relief and Economic Security Act (CARES Act),which authorized $2.1 trillion in federal relief related to the impacts of the COVID-19 public health pandemic. The CARES Act established the Coronavirus Relief Fund (CRF) and 1111. 0 0 1 P � 11 2020-10-20 Agenda Packet Pale 4 of 294 appropriated $150 billion to the CRF to be used to make payments for specified uses to States and certain local and tribal governments.Based on the state's population,California received a total of$153 billion from the CRF,with $9.5 billion paid to the state and $5.8 billion paid to cities and counties with populations over 500,00�0,including approximately$334 million paid to the County of San Diego. On June 2 , 2020, the Governor of California signed the Fiscal Year 2020-21 Budget, which included a provision for allocating$1.8 billion of the state's share of CARES Act CRF funds (State CRF Funds) to cities that did not receive a direct allocation from the federal government. City Council Agenda Item 20-0356 approved the,allocations per City Council adopted Resolutions 2020-204 and 2020-205 on August 25, 2020 that approved the, City's allocation of State Cares funding and authorized service provider Agreements for various social services. Subsequent to the August 25th Council item,there has been a significant increase in need for food distribution for residents impacted by COVID-19. The City currently has an agreement with South Bay Community Services to provide such services. This item will increase the allocation to South Bay Community Services in an amount not to exceed $200,000 to meet the increased demand. This item authorizes the City Manager to enter into a new Contractor/Service Provider Agreement with South Bay Community Services to utilize CARES funding. The City currently has an agreement with Elite Athlete Services for the operation of the Chula Vista Elite Athlete Training Center. Due to the impacts of CMD-19,the Elite Athlete Training Center has experienced, and expects that it will continue to experience, a significant drop in revenue in addition to changing operations to meet with current protocols to protect resident and non-resident athletes.The City is allocating a grant not to exceed $200,000 to cover the costs of: business interruption due to cancelled reservations as a result of'foreign and domestic teams inability to travel, implementation of athlete quarantine protocols., changes to, dining hall operations, and establishment of additional cleaning and disinfecting supplies and protocols. The City previously granted $100,000 to the Living Coast Discovery Center to help keep the facility operational until spring or at such time that schools are able to open and reserve classes. Following the City's grant, the, Living Coast Discovery Center received notice from another partner that they were going to withdraw their commitment putting the Living Coast Discovery Center at a potential shortfall. This item will increase the allocation to the Living Coast Discovery Center in an amount not to exceed $75,000 to keep the facility operational through spring of 2021. South Bay Community Services, Elite Athlete Services,and Living Coast Discovery Center will have the burden to demonstrate to City that they have expended allocation amounts in compliance with CARES Act Coronavirus Relief Fund requirements. Staff recommends that Council adopt the Resolution,which authorizes the City Manager to enter into a City of Chula Vista Contractor/Service Provider Services Agreement with South Bay Community Services for a Food Distribution Program and additionally authorizes the City Manager to enter into agreements with Living Coast Discovery Center and Elite Athlete Services, to ensure compliance with the CARES Act CRF requirements and in accordance with the general terms and conditions outlined above. P 2 2020-10-20 Agenda Packet Page 4,9 of 294 DECISION-MAKER C"ONFLICT 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 s,eq.). Staff is not independently aware and has not been informed by any City Council member, or any other fact that may constitute,a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The Finance Department has established a grant revenue and expenditure, account for CRF. Based on the City of Chula Vista's approved State CRF allocation plan,we are anticipating a reimbursement to the General Fund in the current fiscal year. This will assist in offsetting the anticipated impacts due to the COVID-19 crisis. ONGOING FISCAL IMPACT There is no ongoing fiscal impact related to this allocation as no matching funds are required. AT'TACHMEN'T Staff Contact:Kelley Bacon, Deputy City Manager P 3 2020-10-20 Agenda Packet Page 50 of 294 RESOLUTION NO. RESOLUTION OF THE CITYr COUNCIL OF TIME CITY OF CCHULA VISTA AUTHORIZING THE CCITT MANAGER TO INTER INTO AGREEMENTS WITH SOUTH BAY" COMMUNITY SERVICES, ELITE ATHLETE SERVICES, AND LIVING COAST DISCOVERY CENTER, FOR ALLOCATIONS OF' STATE CARES ACCO" CORONAVIRUS RELIEF FUNDS WHEREAS, in January 2020, as a result of the COVID 19 virus, the World Health Organization "WHO") declared a public Health Emergency of International Concern and the United States Secretary of Health and Human Services declared a Public health Emergency; and WHEREAS, on.February 1.4, 2020, the San.Diego County Health.Officer declared a Focal. Health Emergency as a result of the COVIN-19 virus, which was subsequently ratified by the Board of Supervisors on.February 19, 2020; and WHEREAS, on March 4, 2020, as the number of confirmed cases and deaths related to COVIN-19 continued to rise, California Governor Gavin Newsom declared a State of Emergency to snake additional resources available, formalize emergency actions already underway across multipledepartments, p prepare for a broader spread ofC O ID- state agencies an an e the Mate 19; and WHEREAS, on March 13, 2020, the President of the United. States declared a national emergency as a result of the COVIL 19 virus; and WHEREAS, on March 13, 2020, due to the escalating number of C OVII -19 virus cases nationwide and within California, the City of Chula Vista.Director of Emergency Services issued a Proclamation declaring a Local Emergency, as authorized by Government Code section 8630 and Chula Vista Municipal Code section.2.14.080(a),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 Say Diego County Department of Public Health have all issued recommendations and orders, including,but not limited to, social distancing, staying home if sick, canceling or postponing large group everts, working from. home, and other precautions to protect public health and prevent transmission 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 Sari 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. 2020-10-20 Agenda Packet Pale 51 of 294 Resolution No. Page 2 WHEREAS, on March 27, 2020 the President of the United States signed into lav 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 in the CAFES Act is the Coronavirus Relief bund (CRF) that provided$150 billion to states and those local municipalities with populations greater than 500,000 based on a specific formula; and WHEREAS, on June 29, 20201 the State of California's Fiscal Year 2020-21 Budget was signed by the Governor, which included provisions to allocate CARES Act CRF funds to cities that did not receive a direct allocation from the federal government; and WHEREAS, on August 25, 2020, the City Council of the City of Chula Nista pursuant to Resolution Number 2020-204 accepted a CARES Act CIF allocation of$3,360,914 from the State of California "State CRF Allocation"); authorized the City Manager to complete all documents required to obtain the State CIF Grant; and authorized the appropriations in the General. Fund in. fiscal year 2+x/21; and WHEREAS,the City's use of these State CRF Allocation funds must comply with.CARES Act CRF grant requirements, which mandate that all expenditures be directly related to the public health emergency caused by COVID-19; and WHEREAS, State CRF Allocation finds may only be used for costs that were not accounted for in the budget most recently approved as of March 27, 2020 and are incurred between March 1, 2020 and December 30, 2020; and WHEREAS, a portion of the State CRF Allocation funds will be allocated to reimburse the City for costs incurred by the Citi as a result of the C OVII -19 public health emergency; and WHEREAS, on August 25, 2020, the City Council of Chula Vista pursuant to Resolution Number 2020-205 authorised the City Manager to enter into a Contract/Service Provider Services Agreement with South Bay Community Services, using a portion of the State CRF allocation funds, for tenant-based rental assistance, victims of domestic violence, and childcare. WHEREAS,the City Manager is authorized to make modifications that may be necessary or appropriate to assure the expenditure of all available funds in a qualified and timely manner. WHEREAS, a portion of the State CRF Allocation funds will be additionally allocated to expand a Food Distribution social service program that aims to assist residents affected by COVID-19 as follows: 2020-10-20 Agenda Packet Page 52 of 294 Resolution No Page 3 Agency Program Funding Initial Not to Source Allocation Exceed South Bay Community Food Distribution Program State CARES, $1001000 $200,1000 Services I I I I WHEREAS, State CRF Allocation funds in an amount not to exceed $200,000 will be allocated to Elite Athlete Service to cover the costs of past and future business interruptions due to COVID-19 related impacts, including but not limited to cancelled reservations as a result of foreign and domestic teams' inability to travel, the cost of athlete quarantine protocols, changes to dining hall operations, and additional cleaning and disinfecting supplies and protocols; and WHEREAS, a portion of the State CRF Allocation funds in the amount of$100,000.00 was previously approved by City Council on August 251, 2020 and allocated to the Living Coast Discovery Center to keepthe facility operational until spring of 2021; and WHEREAS, following City's allocation of $100,,000.00 to the Living Coast Discovery Center, the Living Coast Discovery Center received notice from another partner that such partner was withdrawing their commitment, compromising the Living Coast Discovery Center's ability to remain operational through spring of 2021; and WHEREAS, an additional portion of the State CRF Allocation fund in an amount not to exceed $,75,000 will be allocated to the Living Coast Discovery Center, for a total allocation amount not to exceed $175 000, to keep the facility operational through spring of 2021; WHEREAS, in order for an outside agency to receive and operate a grant funded activity, they must formally enter into an agreement with the City of Chula Vista in order to formalize and specify the requirements and conditions under which the State CRF Allocation funds are being provided to the outside agencies, including a requirement that such agencies have the burden to demonstrate to City that they have expended allocation amounts in compliance with CARES Act Coronavirus Relief Fund requirements; and WHEREAS, staff intends to utilize City's standard template, the City of Chula Vista Contractor/Service Provider Services Agreement, to contract with the outside entities; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the City of Chula Vista Contractor/Service Provider Services Agreement(s) between City and South Bay Community Services in accordance with the general terms and conditions as outlined in the agenda statement, in a not to exceed amount of$200,000, on a form approved by the City Attorney, and authorizes the City Manager to execute same, a copy of which shall be kept on file in the Office of the City Clerk. 2020-10-20 Agenda Packet Page 53 of 294 Resolution No Page 4 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the City Manager to enter into an agreement between City and Elite Athlete Services to ensure compliance with the CARES Act CRF requirements and in accordance with the general terms and conditions as outlined in the agenda statement, in a not to exceed allocation amount of $200,000, on a form approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the City Manager to enter into an agreement between City and Living Coast Discovery Center to ensure compliance with the CARES Act CRF' requirements and in accordance with the general terms and conditions as outlined in the agenda statement, in an additional allocation amount not to exceed amount of$751,000, on a form approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. Presented by Approved as, to form by MARIA V. KACHADOORIAN GLEN R. GOOGINS City Manager City Attorney 2020-10-20 Agenda Packet Page 54 of 294 SANDAG The Hard�esit Hit., Community Members, goo I rlWyiiuoiwuw wiuuuiiuuuiwaNduaiuuS,hare COVID-19 Impacts September 2020 The Road to Recovery Coahition (RRC)l was formed out of concern for the impact COVID-19 was, having on the communities each agency serves,. To better understand, advocate, and ultimately address the needs of these communities, RRC partners created and distributed a suirvey to the peoplle they serve across the San Diego region. South Bay Community Services (SBCS) leveraged its �resurces, to coordinate the data coHlection and distribution. The su:rvey was disseminated by 23 co,mmunity-base d organizations (CB OS)2, reslting in more than 3,5010 survey respondents who represent each of the seven Major Statistical Areas (MSAs) in Sari Diego County, including some from commu. Nfies that have been historically underinvested in and hardest hit by the panclemic,, This lnfoI is report shares, highlights from the survey regarding how these households have been affected. Did you Know? Around seven in ten (711%,) Two-thirds (66%) of Threein five plaren�ts with respondents re rt having those surveyed reported their sc -agedl children (61�1%, of I immediate unm�et needs, employment was, negatively preschool�/elementary and with the most common related to affected by COVID-19 and more 59% of mliddle/junior/high food, housing, utilitlies, than half (52,%) reported some sch�ool�) reported challenges W and employment. type of housing instability due with di'stance learning in the to the pan�demic. 2019/2020, schooll year. C OV I D 1-19 E C 0 l�'� lrri�pact ar"',i� ResliderAs 1�.......­ialrcilleat I.......-i i'It The VII -1 pandemic has had a large impact on -the San Diego regbn's economy, with estimated unemployment rates as high as o at its, peak and 18 weeks of unemployment rates spiking higher than 'the most recent g:reat recession 3 Two-thirds, (66%) Of Survey respondents, said that at east one person in their household had experienced nIegative impacts to their employment due to the pandemIic. The most common OUtComes include reduced hours, (58,%,), losing -their job (27%,), being at-risk of losing theii I r Job, (22%),, or having to stop working or reduce hours because of chHdcare issues (14%). In addition,, 17% of all res ponclents sai'd they or a household rneimber reduced hours or stopped working entirely b,ecau:se of a COVID-119 illness, with the most freqluent explanation being they did not feel safe returning to,work and were fearful f being exposed to COVII . RRC partners include Casa Familiar,Chicano Federation of San Diego County,Local Initiatives Support Corp San Diego,MARC,Parent Institute for Quality Education, San Diego for Every Child,San Ysidro Health,South Bay Community Services,and Urban League of San Diego. 2 In addition to the(RRC partners,surveys were distributed by Barrio Logan College Institute,Barrio Station,Episcopal Community Services,Family Health Centers San Diego,Home Start,Jacobs Center,Manpower,(North County Lifeline,Paving Great Futures,San Diego Youth Development Foundation,San Diego Youth Services, and YMCA Youth and Family Services. 2020ztO.32#dlgendaopa(@ketasured by highest number of COVID-1 9 cases and highest estimated unemployment rates)in the San Diego region represented 5 6 of the survey sample reported here.This report can be found at:I�i t s;Hwww,s,ain,da ,,,o glupigad5,/p�tib��lc�at�olin�id/pLi���l�cat�onid 4699...2788:U,,df g r ..."I'l""I'll""I'llIll""I'll"'I SIANDAG �, _'-sHard it:. "Ity Members Sha,re COVID-19 Impacts Half' (50%) ofthose who reported that they or a household member was, unemployed or hadl reduced hours due -to COVID-119 had received pay for the Households with children,, time they did not work,: in most cases (58%) through unemployment benefits. who identified as Latinoi and had a household income of More than half (52%) of those surveyed also reported some type of housing less than $25,,000 were moIre ins,tability as a iresult of the pandemic. Among these households, 45% said Rkely to itt housing and they were unable to pay rent or mortgage" and 66% rep rtedl the need for employment Instability than assistance 'to pay next rnth�'s irent or mortgage. households without choldren, ane in fouir (25%) households that reported houpsi ng instability had already who did not identify as Latino, received moIrtg�age or rent assistance and 9% reported a loss of housing, andthose wii � i iincornes. resUlting in Ihomelessness, or now living with a friend or family �member. 0 e C OV ............... ects Seven percent (22,6 of 3,266) respondents said they or someone in their household had a reason to be tested for COQ -19 and were not. When these individuals,were asked why they did not get tested, a variety of reasons were shared: - Did not feel sic k or have any symptoms (38%) - A fear of income loss (28%) - �Nowhere to self-isoi »' m rr,, �, iu v r /l late / I1r u"' /I�I�uol� / rrr�r - Fear of the nasal s,wab test (23%) -Thought they, would have to pay for a test (22%,) - U n is u re wh e re to g eIt tested (21%) �11 00 - Not part of the high-risk population (14%) -Tried to get tested but couldn't (4%) 1#0 � 6 1 -1��" d i,joe 1."."E.'fifects or"i oi ('r 1, 1 Seven in every-ten res poindents (701%,) reported school-aged children in -their households. Of these households, 74% reported having:: rest 1 r elementary aged: children, and 63% reported having middle/junior hig:h or high s,chooll- aged ch�i'ldren, While the majority of parents/caregivers reported that pres,chooll/elementary (86%) and middle sch�ool/ junior/hig:h school teachers (83%) were in communication with them, 61% and 519%, respectively, reported challenges with distance learning: d:uring the 2019/20,20 school year. It should: be noted that s,chooll districts are aware of these challenges and are working on address,i'ng the ins the 2020,120,21 school year. a Positives Nolited by Parents/Caregivers,.: 95% of households have at least one pare n�t/ca reg:ive r with an email address. X 93%of preschool/eler-nentary and 88", f middle/junior/high school parents/caregivers had received information about frIl r t i rchildren. Eighty percent(80%)of respondents reported they rented,15%owned,and 5%said they were homeless or had no fixed address. 2020-10-20 Agenda Packet 2Jm"1VMQG SANDAG nf o ,'�Jfl, __--s 'The Hard�est Kt:.: Commun"Ity Members Sha,re COVID-19 Impacts Challenges �Not�ed by Parents/Caregiversm. "o ir i iii�1�� flve reported a cornlputer r other digital device is always (58%) Household income was or usually available (23%)to,their children for educational purposes, a predictor for computer, illabillity,for sch�ool-ag�ed aval 1 1 30%to 45% of preschool/elementary and 371",�11',s":),to 451,41_�, of middle/junior/ chl1dren.Just over haff high school parents/caregivers reported: being unclear about teacher (54%) of household with expectations, due dates for assignments,l if their child: was turningg in work, 0 incomes under$25,000 and when their child was expected:to meet with their teacher. reported computer availability for students, '19% of preschool/elementary and of middle/junior/high school compared to 73%,of those p *th 'arents/caregirs,ears, said: they d:id not have electronic equipment for the wi I incomes over"$5,0 0010. children, arid the school did not provide one. 25% of preschool/elementary and 35%of middIle/Jun r/Ngh school parents/caregivers with an IESL (English as a Second Language) student said they did not receive the support they neededfrom the school. 2 1%, of preschool/elernentary and 24% of middle/junior/high Bch l.1 parents/caregivers said they did not u,nder�stand the inIformation teachers shared with them regarding online classes or distance �learning. 88%of prey chlool/elementory and 8391/o of middle/junior/high Bch ll parents/caregivers who did not have access to the in�ternet said the school did not assist,the in accessing services. In addition, 29% of parent/caregivers respoindents, noted that they could use additionall support with distance learning. her as what was needed for their children to retUrn to school on campus, the top four answers inclUdecl ,safety measures (79%), a consistent schedIulle (38%),: a full-time schedule (29%), and before and after school care (209,06"). 114119040 e s 1\1 e e d e X �J'10]�I(", Around I in 3 (3,5%) said they lived In a76 with a h�igh-r�sk COVID-19 Household incomewas allso,a individual. While around three-quarters (76%) replo�rted that everyone in the predictor of WiFil access,. household had insurance, 16,% said that only children were covare dr, 6% said '79% u�nder$2,5,000 reported that no one in the household had �medical inlsu�rance,: and 2% said at least one having WiFi access,,compared family memlber dlid not have it. to 913%of'those with incomes R of$500100 or le.espondents were asked about what their households needed:. Overalll, , 1 �mor around 7 in 10 (71%) reported having at least one imr-nediate need (with a median of 3, needIs and a ravelge of I to 14, the maximum n�umber possible). O,f those who reported having a need, the tope ones included food (57%),1 rent or mortgage assistance (46%), utility assistance (30%), in employrnent assistance (27%)',. Of the 2,833 respondents who answered a question about hou:sehold access to high speed WF, 86% responded affirmafiveI�y6, Survey respondents were also asked to describe their needs in the future,but the pattern of responses was very similar to the immediate needs identified now. This question was directed at respondents with school-aged children,but some individuals who reported not having children also answered it. 2020-10-20 Agenda Packet 3jm"AfMQG SANDAG Kt:.: Commun"Ity Members Share COVID-19 Impacts Top Four Needs of �Households 4 ` ''III 4 eds Food (57%) Uti�lity Assistance RA Trans�portation Counseling Rent/Mortgage Employment Assistance(46%) Assistance(27%) Chi�ldcare (23%) WIF1 (21%) ast 14 141eeds The top 4 need's,of households with incomes less than $25,000 included food (61%), renVmortg�age i Permanent assistance ,,employment assistance (33%), Housing (20%) Cell Phone(19%) and transportation The top 4 needs,of households with incomes more 'Technologythan $501,000 included counseling (35%),, (20%) Nil I Healt�h Care (15%) ity renUmortgage assistance (3,,l%),,and util 0 assistance(25%). Luau,u S Ll["'v e y e o 11111f� C 1 C S A tot �ll f 3,5127 su�rveys were completed Map ,l: Percent of Surveys RetuIrned: in Each MSA from Iresidents around the region whhad contact with one of the participating CBOs. The greatest p�ercerata ge of' respondents were from South Suburban (44%), the hardest heat by the current �parel demic. Other respondents Ireported residirel g in the Central MSA (26 , North County East (14%), East County and East Suburban (8%), North County West (5%), or North City (2%) (Map 1). Dore than 4 in 5 respondents (82%) reportedI that at least one member of the household identified as Latincl, and 52,% reported the primary langIuage spoken in the household was Spanish. When examining race, at least one member identified as, White Hispanic in 53% of the 1,946 households,that rided thi's, information and 11% identified as White Inon-Hispanic. Other races represented incluIded rlti-racial (191%),: Black (11:%,), Asian/Pacific lslander (4%),, and Native American (2%)1. The mean househ6ld size was, 4.3 (range 1 to 91), Just over two-third:s, (71:%,) reported the highest level of It education in the household was a high school diploma, GED, or less, than 1211, grade, one of the respondents reported any adu[t in the househhad a college degree,, Sixty- eight percent reportedI receiving some type of' public benefit and 42% reported a household incomf less than $25110001 (44% reported between $25,000 and $,49,9199 and 14% reported $501,0010 and higher). Forty-nine percent (49%) of the households described themss as married, 33% as single, and 18% as separated, divorced, or widowed. 7 Individuals were asked two separate questions regarding whether anyone in,the household identified as Latino,and then were asked to identify all races in,the household. It is possible that due to how these questions were phrased the race percentages represented in this report could vary slightly because it could reflect one individual M I in a house aold 2020 OW' 6 Agen a Packet 41m"IVMQG SANDAG Hard it:.: Community Members Sha,re COVID-19 Impacts historically �been focused on could have the duaW VA l benef It of expanding job opportunities for,capable "ml,unwmx�v�.��u�� � III ��i°ku�,,�w'Y,n�� 48Mi,noY""Irm 'IVq�we� 'krrmmY��a�.,u,tlN' IIII ��,���� �!Iltr.„o"�4"�dM1,.w��odl, iar,.w;�IN'� IIU�Ypw�oaAl'�,ut These survey results clearly articulate the disparate 0 effects, CO,VID-19 have on inclividuals, and families who Individuals who are striving to expand their ies,as well as, create more were ecoire omicaHy disenfranchised prior to the pander ic. employment opportunit" The following sugigestioins are made ason these, economically diverse and strong communities that data for furth�er discuss I ion. would contribute in the shorlt-and long-term to the r H' esi iency of their neighborhoods. • Seven in every ten h�ousehoilds surveyed: had 0 With the 2012012021 school year aready startini for imr-nediate u�nmet need:s. While basic needs, most districts, at the time of this report, the greater including food, shelter, and utilities topped the list, challenge remote learning may place on families there was not one universal need expres sed by all. Ohl are strugigling financially is cair, especia�l]y Entities including: government and philanthropic as it ireIates .he digitivid�e and famHies having partners provid ing assistance to familie s in:: need equitable access to technology and internet are encouraged to explore ways to provide direct broadband access. The community as a wholei, monetary assistance to fami:li�es to,allow them including government, busidnessesi,i GBOs,and to obtain those things that will best meet their philanthropy, iis encouraged to look at innovative immediate, basic needs. Another benefit of this strategy is the likely investment in local businesses ways to address these disparities so that youth that h�ave also been hardlest hit. from communities most affected are able to thrive. 11 All • The families,who shared their experiences, since a,il,jjA the pandemic began were already struggling in When inter preting these survey results, it is important many ways, with the majority living: in cornmunifies hardest hit by the pandemic, both financially and: to note that this was a sarnple of convenience and not with high rates of COVID,-19. The abHity of the C , a random s of Saiego County residents® The to connect with their clients,to get their input reflects intention of the RRC was to gather information qIuickly, the trust the community has in 'them. To ensu�re an with the least arnount of b,uren on families to ensure clear l understanding of the most pressing need�s. Ini ad�dition, "table recovery that wilpositively iI mpact this equi because of how it was distributed through CBOsT it and future generations who have roots in these reflects,feedback frorn those res,idents who, have sought same communities government entities are urged to explore new and innovative ways to partner with suppart fromi these organizations, as,suiming those with CBOs,who,are viewed as trusted messengers. a higher level of need in the commou unity reached it to CBOs, for assistance, • Duuring this pandemic, San Diego Couunty"s reliance o11 on essential workers who continue to keep, our Abu ut ll��m 11 fo economy running has been demonstrated. While SANDAG serves as the regiion's dearinghouse for inforrnation the services these individ:uals provide are essential, nd adata. lnfoBits pubHsh t' evan ��mely, reltinforr-nation mit it is important that longi-term investments be madle the pubHc whilIe providIng context on compIIex issues facing the in the communities hardest hit due to structural region,. inequuallity resulting in economic exclusin. Plublic- sa,i��PIa c "j) (I....%i ..j private partnerships that include governmenti, philanthropy,and businesses, supporting training and internship opportunities to areas that have not 9/205569 For more inIformati�on, call (619) 699-1950 or email �pio@sandIag-org 51SANDAG 2020-10-20 Agenda Packet Pale 59 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 20,202,0 File ID: 20-0416 „MITI RESOLUTION OF THE CITY" COUNCIL OF THE CITY of CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF$1.1.,000 FOR COSTS ASSOCIATED WITH R STRIPING A TENNIS COURT FOR PICKLEBALL AN: APPROPRIATING FUNIS THEREFOR(4/5 VOTE REQUIRED) RECOMMENDEDT Council adopt the resolution. SUMMARY The Friends of Chula Vista Parrs and Recreation have donated to Parrs and Recreation to fund costs associated with a conversion of aar s . recreation p facility.lty. To ay Is actionasks the City Council to appropriate these funds.. ENVIRONMENTAL REVIE'W The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act(CEQA) and has determined that the project qualifies for,a Categorical Exemption pursuant to State CEQA Guidelines section 1,5301 Class 1 (Existing Facilities)and,section 15303 class 3 (Neter Construction or Conversion of small Structures), because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, or cause a substantial adverse change in the significance of a historical resource.Thus,no,further environmental review is required. BOARD/COMMISSION/COMMITTEE Not Applicable. DISCUSSION The Friends of Chula Vista Parks and Recreation donated $11,000 for the City to pays for a contract to resurface and restripe the MacKenzie Creek"tennis Courts converting the facility into pickleball courts.'The conversion creates 8 dedicated pickleball courts, the first permanent pickleball courts in. Chula Vista, replacing 2 tennis courts. DECISION-MAKER C . LI 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 Cade of 1 . 0 0 1 P Ii1 2020-10-20.agenda Packet Pale 60 of 294 Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov't Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute,a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in an appropriation of$11,000 from the Friends of Chula Vista Parks and Recreation Foundation to the Parks and Recreation's budget to fund the contract cost of resurfacing and restriping courts.There is no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no on-going impact to the budget. ATT'ACHMENT'S 1. None Staff Contact.- Tim Farmer, Parks&Recreation Administrator P 2 2020-10-20 Agenda Packet Page 61 of 294 COUNCIL RESOLUTION NO. RESOLUTION of THE CITY COUNCIL of TIME CITY of CI-ULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF $11 NO FOR OTS ASSOCIATED D WITH RESTRIPING A TENNIS COURT FOR PICKLEBALL AND APPROPRIATING OPRIATI G FUNDS THEREFOR WHEREAS, the City of Chula Vista currently does not have any dedicated permanent pickleball courts; and WHEREAS, MacKenzie Creek Park was identified by staff as an ideal location to convert tennis courts to pickleball courts due to comparatively lower usage and proximity to other available tennis courts; and WHEREAS, The Friends of Chula Vista Parks and Recreation organization has offered to donate $11 000 to the City in order to pay the cast of restriping tennis courts to be used a pickleball courts; and. WHEREAS, this donation is to be used to resurface and restripe two MacKenzie {reek. Park tennis courts into eight pickleball courts* NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby accepts $11,000 in donations from the Friends of Chula Vista Pars and. Recreation and appropriates said funds to the Parks and Recreation budget. Presented by Approved as to fora b Tracy Lamb Gley R. Goo ins Director of Community Services City Attorney 2020-10-20 Agenda Packet Page 62 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 20,202,0 File ID: 20-0410 TITS RESOLUTION OF THE CITE"COUNCIL OF THE, CITY OF CHULA VISTA APPROVING A MINI-PITCH PROGRAM GRANT AGREEMENT WITH UNITED, STATES SOCCER FEDERATION FOUNDATION,INC. RECOMMENDEDT Council adopt the resolution. SUMMARY In January 2020, US Soccer Foundation approached City staff on the possibility of installing Mini-Pitch surfaces with goals, converting underutilized spaces to fenced soccer pitches with a resilient, acrylic surfacing.US Soccer Foundation partners with corporations to provide funding for these programs.Adoption of this resolution would approve the mini-pitch grant agreement authorizing the City to proceed with the development of a mini-pitch conversion atValle L ndo Park. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with.. the California Environmental Quality Act(CEQA)and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15,301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section.. 55304 Class 4 Minor Alterations to Land) because the proposed actions would not result in a significant effect on the environment,create a cumulative impact, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Parks and Recreation Commission recommended approval the Mini-Pitch Grant Agreement as presented. DISCUSSION City staff identified 4 potential locations and proceeded to negotiate with US Soccer Foundation for the following locations: Eucalyptus Basketball Court, Los Ninos Basketball Court,'Valle Lin.do Basketball Court, and Santa Cora'Tennis Court. Park usage since park facilities were initially shut down due to COVID-19 has changed from previous years,with higher than normal usage at tennis courts,and more participants utilizing the basketball courts and Los Ninos and Eucalyptus Park. The proposed agreement will provide one (5) acrylic mini pito surface with goal installation,to be supplied by the Foundation.,which shall be valued by 1111. 0 0 1 P � 11 2020-10-20 Agenda Packet Page 63 of 294 Foundation,in its sole and absolute discretion,in an amount up to$6,0,000,at Valle Lindo Park.,The US Soccer Foundation will pay for all construction and material costs for the conversion.The proposed agreement will grant to Foundation the right to permanently place Foundation's trademark,trade name or any design/logo owned or controlled by Foundation,,and that of its funding partners,on the surface of the Mini Pitch,per the rendering found in Attachment 1. DECISION-MAKER C"ONFLICT 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'T­YEAR FISCAL IMPACI 11 There is no current-year fiscal impact with this project.All construction expenses will be funded by US Soccer Foundation and their partners. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. Maintenance of the Mini-Pitch is consistent with maintenance of the basketball court it is replacing. ATTACHMENTS 1. Chula Vista 2020 Mini-Pitch Grant Agreement 2. Chula Vista 2020 Mini-Pitch Signed MOCK 3. Chula Vista 2020 Mini-Pitch Artwork Staff Contact: Tim Farmer, Parks&Recreation Administrator P 2 2020-10-20 Agenda Packet Page 64 of 294 COUNCIL RESOLUTION NO. RESOLUTION of THE CITY COUNCIL of TIME CITY of C ULA VISTA APPROVING A MINI-PITCH PROGRAM GRANT AGREEMENT WITH UNITED STATES SOCCER FEDERATION FOUNDATION, . WHEREAS, in January 2020, C.J.S. Soccer Foundation (Foundation) approached the City of Chula. Vista (City) on the possibility of partnering to create Mini-Pitch surfaces with goals, converting underutilized spaces to fenced soccer pitches with a resilient, acrylic surfacing; and WHEREAS, in March 2020, the City Manager executed a Memorandum of Understanding with the Foundation to proceed with discussions and development of a grant agreement; and WHEREAS, the proposed agreement stipulates that the Foundation will provide one I acrylic mini pitch surface with goal installation; and WHEREAS, the Mini Pitch is proposed to be installed at Valle Lindo Park; and WHEREAS, the proposed agreement grants to Foundation the right to place Foundation's trademark, trade name or any design/logo owned or controlled by Foundation, and that of its funding partners, on the surface of the Mini. Pitch; and WHEREAS, the agreement grants Foundation usage of the Mini Pitch for one (1.) day per year over the first five (5) years following completion, including, without limitation,. for Special Events that are organized by Foundation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,, that it approves the Mini-Pitch Program Grant Agreement, between the City and United States Soccer Federation Foundation, Inc., in the form presented, with such minor modifications as may be required or approved by the Citi Attorney, a copy of which shall be Dept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. Presented by Approved as to fora b Tracy Iamb Glen.R. Googins Director of Community Services City Attorney 2020-10-20 Agenda Packet Page 65 of 294 MINI PITCH PROGRAM GRANT AGREEMENT—FISCAL YEAR 2020 Pursuant to this Mini Pitch. Grant Agreement ("Agreement"), dated as of the 20th of October, 2020 ("Effective Date"), the United States Soccer Federation Foundation, Inc. ("Foundation") agrees to partner with the City of Chula Vista("Grantee"or"City"), in accordance with the terms and conditions set forth herein. 1. Foundation: U.S. Soccer Foundation Attn: Rob Kaler 1140 Connecticut Ave.NW, Suite 1200 Washington,DC 20036 Grantee., City of Chula Vista Attn: Tim Farmer, Parks &Recreation Ad 276 Fourth Avenue Chula Vista, CA 91910 20 Acrylic Mini Pitch: Consistent with Foundation's interests in promoting youth soccer,particularly within vulnerable communities, this Agreement will provide one (1) acrylic mini pitch surface with goal installation("Mini Pitch"),to be supplied by the Foundation,which shall be valued by Foundation, in its sole and absolute discretion,in an amount up to $60,000 per Mini Pitch. Foundation will furnish, or shall cause to be famished, all materials equipment, services, and labor, and will perform, or cause to be performed, all work necessary, in strict accordance with all City of Chula Vista and other applicable permits,standards,and specifications,whether now existing or hereinafter approved,the Mini Pitch at the following location("Mini Pitch Project"): 0 Valle Lindo Park—FY21-722 Foundation expressly warrants and agrees that any and all services under this Agreement 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. In its performance of obligations under this Agreement, Foundation expressly warrants and agrees that it shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 3. Grantee Covenants: In order to induce Foundation to enter into this Agreement, and to receive the aforementioned Mini Pitch, Grantee covenants as f011rOWS: (a) Foundation will be granted usage of each Mini Pitch for one (1) day per year over the first five (5)years following each completion,including,without limitation,for Special Events(as defined below) that are organized by Foundation. Foundation will make best efforts to schedule such usage for dates and times mutually agreed upon with Grantee, and Grantee will not unreasonably withhold play space time for such usage. For purposes of this Agreement,"Special Events"shall be defined as tournaments,clinics,events,training sessions,media functions and any other similar event the Foundation so determines. (b) Upon completion,the Mini Pitch will be maintained in accordance with Foundation's installation vendors' recommendations for user safety, to be provided 'by the Foundation. Grantee acknowledges and agrees that it will be responsible for regular maintenance and safety of the Mini Pitch following its completion,which include regular cleaning of the surface and inspection of all Mini Pitch elements. (c) Grantee presently owns the property on which the Mini Pitch will be built. 2020-10-20 Agenda Packet Page 66 of 294 (d) Prior to commencing installation of the Mini Pitch, Grantee will obtain, or shall assist (where necessary) in obtaining, all permits, authorizations and consents from third parties, including governmental entities,necessary for the installation and construction of the Mini Pitch. 4. Facts and Rep resentat ions True and Correct: Grantee hereby affirms the representations made in its written communications with Foundation are true and correct and that Foundation may rely upon the truth and correctness of the representations made in all written communications regarding the Mini Pitch, without further independent investigation. Grantee further affirms that it has not omitted any material facts, the knowledge of which would adversely impact the awarding of the Grant to Grantee. Grantee avows that no adverse events have occurred since the latest written communication which have materially and adversely altered the truth or reliability of the Grant Project, including the tax status of Grantee and the Grantee's ability to allow successful completion of these Mini Pitches. Grantee agrees to immediately inform the Foundation within five (5)business days of any material change, in Grantee or the Mini Pitch locations,which might affect any terms of this Agreement. 5 C!0. Mini Pitch Reports. (a) Impact Reports: Following completion of the Mini Pitch, Grantee shall complete a report, provided by the Foundation, describing the impact of each Mini Pitch. Such reports shall be submitted to Foundation annually, for three (3) years after completion of the Mini Pitch as well as provide information on play space usage rates, stories of impact on the community, and any other information reasonably requested by Foundation. (b) Site Visits: Grantee will use its reasonable efforts to accommodate any representative of Foundation, or of Foundation's funders, who requests to conduct site visits, at the sole cost of Foundation or its funders, for the purposes of collecting information about project impact. (c) Photoi!raphs/Videos/Stories/Testimonials: In addition to submitting digital photographs, videos, stories and testimonials relating to the Mini Pitch in the aforementioned reports, the Grantee shall submit the same to the Foundation upon request by the Foundation,including before and after photographs,both in daytime and at night, of the Mini Pitch site areas. 6o Publicity Material and Recognition: (a) The Foundation shall have the right to publicize, show photographs of, and use the name of the Mini Pitch and otherwise promote its contributions in any and all media. (b) Grantee agrees to fully assist and cooperate in a mutually acceptable dedication event, should the Foundation request such, which may include appearances by athletes affiliated with the Foundation. 7. Awareness Opportunities: Grantee grants to Foundation the right to permanently place Foundation's trademark, trade name or any design/logo owned or controlled by Foundation (each, a "Mark" and together,the"Marks"),and that of its funding partners,on the surface of each Mini Pitch,per the rendering found in Attachment A. Additionally, Grantee grants to the Foundation the right to place Foundation's Marks, and the Marks of its funding partners, on signage at each Mini Pitch,per the rendering found in Attachment A. Unless Foundation chooses to forego the right, standard Marks will be included during installation of the Mini Pitch, per the rendering found in Attachment A. Each Mark will remain at the site of the Mini Pitches., unless removed by Foundation or unless Foundation otherwise gives its written consent to the removal of such Mark. -2- 2020-10-20 Agenda Packet Page 67 of 294 Additionally, Grantee will allow Foundation to install signs/banners on the premises on which each Mini Pitch is built,per the rendering found in Attachment A, in order to promote and recognize the Foundation and other funders for their contribution to the Mini Pitch. 8. Mini Pitch Project Not Assignable: The Mini Pitch Project is intended solely for the benefit of Grantee. No benefit of the Mini Pitch may be delegated, assigned or otherwise transferred without the advance, written consent of Foundation,which consent shall be in the sole and absolute discretion of Foundation. 9. Proper Authority: Each of the parties and its, officers represent and warrant that they are authorized to enter into this Agreement and execute the same without further authority. 10. Limitation of Warranties: EXCEPT AS PROVIDED IN SECTION 2, FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED,AS TO ANY MATTER INCLUDING,BUT NOT LIMITED TO,IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE RELATING TO THE MINI PITCHOR ANY COMPONENT PART THEREOF, OR ANY OTHER ENTITIES AND THEIR ASSOCIATED SERVICES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, FOUNDATION WILL NOT BE LIABLE FOR DAMAGES FOR LOST PROFITS, OR OTHER CONSEQUENTIAL, EXEMPLARY,, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR PERFORMANCE OF THE OBLIGATIONS HEREUNDER. FOR THE AVOIDANCE OF DOUBT, THIS SECTION DOES NOT AND SHALL NOT LIMIT ANY OF FOUNDATION'S OBLIGATIONS AS SET FORTH IN SECTION 12 OF THIS AGREEMENT. 11. Assumption of Risk: Grantee hereby agrees to assume all risks and liabilities associated with the use, operation, maintenance, safety, and condition of the Mini Pitch,except those risks or liabilities caused, or alleged to be caused,by the negligence or willful misconduct of Grantor. 12. Indemnification- Grantee agrees to indemnify, defend and hold harmless Foundation, its parent, subsidiary and affiliated companies, sponsors, benefactors, donors, officers, directors, employees, accountants, attorneys, agents, successors and assigns ("Foundation. Parties") from and against any and all third party claims, demands, losses, damages, liabilities, costs and expenses (including reasonable legal/attorneys' fees and expenses arising out of or related to any legal proceeding and any legal appeal) (``Claim" or"Claims") related to the Mini Pitch Project, the Mini Pitch or this Agreement and liabilities of any kind or nature whatsoever, whether in contract, tort, or otherwise, resulting from any claim (including, without limitation, personal injury, death, or property damage) actually or allegedly arising out of or in connection with the maintenance, location, or condition of the Mini Pitches, or any person's use of the Mini Pitches, whether authorized or unauthorized, proper or improper except Claims caused, or alleged to be caused, by the negligence or willful misconduct of Grantor. Grantee's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement. Without limiting this obligation, Grantee will maintain the insurance described in Section 13 of this Agreement. Foundation agrees to indemnify, defend and hold harmless Grantee,, its parent, subsidiary and affiliated companies, sponsors, 'benefactors, donors, officers, directors, employees, accountants.) attorneys, agents, successors and assigns ("Grantee Parties") from and against any and all third party claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal/attorneys' fees and expenses arising out of or related to any legal proceeding and any legal appeal) ("Claim" or "Claims") related to the Mini Pitch Project,the Mini Pitch or this Agreement,and liabilities of any kind or nature whatsoever,., whether in contract,, tort, or otherwise, resulting from any claim (including, without limitation, personal injury, death, or property damage) actually or allegedly arising out of or in connection with the supply, delivery, or construction of the Mini Pitch, or any person's use of the Mini Pitch,whether authorized or unauthorized, proper or improper, except Claims caused, or alleged to be caused, by the sole negligence or willful misconduct of Grantee. Foundation's indemnification obligation hereunder shall survive the -3- 2020-10-20 Agenda Packet Page 68 of 294 expiration or earlier termination of this Agreement. Without limiting this obligation, Foundation will maintain the insurance described in Section 13 of this Agreement. 13. Insurance Requirements: (a) Insurance Requirements of Grantee. At all times while the Mini Pitch is in place, Grantee shall provide and maintain, at its expense, the following insurance, or equivalent self-insurance, which shall protect Grantee and the Foundation on a primary basis from any and all Claims arising out of or in connection with the Mini Pitch Project and the Mini Pitch to this Agreement: i. Commercial General Liability insurance with limits not less than$1,000,000 each occurrence and $2,000,000 in the aggregate. Such insurance shall include coverage for contractual liability, premises liability, products-completed operations, personal and advertising injury, property damage and bodily injury liability (including death). Said policy shall be endorsed to name the Foundation and Foundation Parties as Additional Insureds. ii. Automobile Liability insurance covering liability arising out of Grantee's use, operation and/or maintenance of any auto(including trucks and other construction vehicles),with limits not less than $1 000,000 each accident combined single limit for bodily injury and property damage. iii. Workers' Compensation insurance covering employees of Grantee involved with the use and maintenance of the Mini Pitches, with limits as required by statutory law, including Employer's Liability coverage with limits not less than$1,000,000 each accident,$1,000,000 disease-each employee and$1,000,000 disease-policy limit. iv. Umbrella and/or Excess Liability insurance with limits not less than $2,000,000 each occurrence shall apply in excess of the Commercial General Liability, Automobile Liability and Employer's Liability policy limits. All such insurance required above shall be (1) considered primary with respect to Claims arising out of the use and maintenance of the Mini Pitches;and(2)shall be written by insurance companies that are satisfactory to Foundation and that are licensed to do business in the state in which the Mini Pitch is located. Grantee shall not allow any of the required policies to be materially changed, reduced or cancelled unless Grantee provides thirty (30) days prior written notice thereof to Foundation. Upon execution of this Agreement, Grantee shall provide Foundation with a certificate of insurance confirming that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. (b) Insurance Requirements of Foundation. At all times while the Mini Pitch is in place,Foundation shall provide and maintain, at its expense, the following insurance, or equivalent self-insurance, which shall protect Grantee and the Foundation on a primary basis from any and all Claims arising out of or in connection with the Mini Pitch Project and the Mini Pitch to this Agreement: i. Commercial General Liability insurance with limits not less than$1 000,000 each occurrence and $2,000,000 in the aggregate. Such insurance shall include coverage for contractual liability, premises liability, products-c omp] feted operations, personal and advertising injury, property damage and bodily injury liability (including death). Said policy shall be endorsed to name the City, its officers, officials, employees, agents, and volunteers as Additional Insureds. -4- 2020-10-20 Agenda Packet Page 69 of 294 ii. Automobile Liability insurance covering liability arising out of Foundation's use, operation and/or maintenance of any auto(including trucks and other construction vehicles),with limits not less than $1 000,000 each accident combined single limit for bodily injury and property damage. iii. Workers' Compensation insurance covering employees of Foundation involved with the use and maintenance of the Mini Pitches, with limits as required by statutory law, including Employer's Liability coverage with limits not less than$1,000,000 each accident,$1,000,000 disease-each employee and$1,000,000 disease-policy limit. iv. Umb�rella and/or Excess Liability insurance with limits not less than $2,000,000 each occurrence shall apply in excess of the Commercial General Liability, Automobile Liability and Employer's Liability policy limits. All such insurance required above shall be (1) considered primary with respect to Claims arising out of the use and maintenance of the Mini Pitch; and,(2) shall be written by insurance companies that are satisfactory to Grantee and that are licensed to do business in the state in which the Mini Pitch is located. Foundation shall not allow any of the required policies to be materially changed, reduced or cancelled unless, Foundation provides thirty (30) days prior written notice thereof to Grantee. Upon execution of this Agreement,Foundation shall provide Grantee with a certificate of insurance confirming that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. 14. Participant Waiver and Release Forms.- To the extent that Grantee requires participants,in its programs or others who use the Mini Pitch to sign waiver and release forms, Grantee shall include the Foundation and the Foundation Parties as released parties in the form. 15. Use of Mark.- Notwithstanding anything in this Agreement to the contrary, in the event Grantee desires to use a Marl owned or controlled by Foundation in a manner consistent with this Agreement, Grantee shall first submit a sample of the concept of the proposed use to Foundation for prior written approval, which approval may be withheld in the sole discretion of Foundation. Any such use by Grantee shall create no rights for Grantee in or to the Mark. Each Mark shall remain at all times the sole and exclusive intellectual property of Foundation, and Foundation shall have the right, from time to time, to request samples of use from which it may determine compliance with these terms and conditions.Notwithstanding any provision of this Agreement to the contrary, Foundation reserves, in its sole and absolute discretion, the right to prohibit use of its Marks. 16. Applicable Law; Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the California, without regard to principles of conflict of laws. Each party agrees that any action or proceeding with respect to this Agreement may only be brought in a federal or state court situated in the California, and by execution and delivery of this Agreement, such party irrevocably consents to jurisdiction and venue in each such court. 17. Third Party Beneficiaries: It is expressly agreed and by this statement specifically intended by the parties that nothing within this Agreement shall be construed as indicating any intent by either party to benefit any other entity or person not a party signatory to this Agreement by any provision. or to entitle any such third party to any right of action on account hereof. 18. Notices: Any notices or communications given under this Agreement must be made in writing (a) if to Foundation, at the address of Foundation as hereinabove set forth or at such other address as Foundation -5- 2020-10-20 Agenda Packet Page 70 of 294 may designate by notice, orb if to Grantee, at the address of Grantee as hereinabove set forth or at such other address as Grantee may designate by notice. 19. Entire Aueement; Modifications: This Agreement contains the entire agreement between Foundation and Grantee and cannot be changed, modified, amended, waived or canceled except by an agreement in writing and executed by each of the parties hereto. This 20. Counterparts and Facsimile Shmatures: r 1 1,his Agreement may be executed in one or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement may be executed by facsimile signature by any party and such signature will be deemed binding for all purposes hereof without delivery of an original signature being thereafter required. 21. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 22. Electronic Signatures. The words "execution", "execute", "signed", "signature", and words of like import in or related to any document signed or to be signed in connection with this Agreement and the transactions contemplated hereby shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Parties, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act,the California Uniform Electronic Transaction Act, or any other similar state laws based on the Uniform Electronic Transactions Act. 23. IN WITNESS WHEREOF,the parties have executed this Agreement by their duly authorized signatories as of the date first above written. U.S. Soccer Foundation City of Chula Vista By: By: (Sign) Name: Rob Kaler Name: (Print Name) Title: COO&General Counsel Title: (Print Title) Date: Date: -6- 2020-10-20 Agenda Packet Page 71 of 294 (Print Date) -7- 2020-10-20 Agenda Packet Page 72 of 294 ATTACHMENT A. / J � J / / f / i i i i i i 1 / r / r / r / / r , / / I I. 7 r,ub,1 ilJ�7 �v 0 AL1 W g ii�II�V��ldlf�r rrGullVllllll�llllfll�l@uuPouutll �"'�"r � „��//p �+ �±4!luklUH`! 4��yyrFr ii�I fi i i Y R�r0 UPJl�l1 w 1 N � 01 r u � I i / P a p y u m i i I I Iii I � i r ...�.. /„"' ,�j.'.�,.r•• ,,. ..r ..,��,.,:,�.....,»mnn.+-smvrrv'� �(�ii/�� r ��� i �jF. „" „...,,”„ i ..,,..,...w, ✓ilii iii/ ,,;;'i/ I /%.... ,....." II ... .. f M�/ ✓ lir � ,,,, �d'irw.�r�n'r� ,;r"„' x '��� �ia�f.....,, � .. � { ,r. � �' � � ,�m rv,SUP w�'��'�.��;�,'N•H w�i i,, l w C 2020-10-20 Agenda Packet Page 73 of 294 i Soccer Foundation Mini-Pitch Initiative L Memorandum of Understanding SOCCER i FOUNDATION My signature and initials below confirm that the appropriate, representative(s)from my organization understand that it has been considered for a U.S.Soccer Foundation ("Foundation") mini- itch, and as such,we would be responsible for the following. Please initial each line on page 1,sign page 2, initial acknowledgement on Attachment A attached hereto and incorporated by this reference,and return,an electronic copy of the document in full. Please note that the infoirmation within this document is,confidential and should be treated as such. Neither the opportunity of a potential mini-pitch, nor the funding partner and branding shown below or on Attachment A, may be disclosed exte,rinally by your organization, including any media. Notwithstanding the foregoing,the Foundation understands and acknowledges that the City is a California municipal corporation subject to the California Public Records Act,as well as other laws applicable to public entities. City's disclosure of this document or the information in it, if required by law in City's sole discretion,shall not constitute a breach of this Memorandum. Upon completion of the mini-pitch, provide proof of commercial general liability, workers' compensation liability, participant accident liability, and umbrella liability insurance, or comparable self-insurance Of Upon completion of the mini-pitch, add the U.S. Soccer Foundation as"Additional Insured" on VV insurance documentation, if applicable Confirm ownership or long-term lease (minimum of 10 years) of the property on which the mini- pitch is to be installed Allow the Foundation, and other funders if approved by the City,to have their logos placed on both the mini-pitch surface, as well as on the associated signage,for the useful life of the mini-pitch, as depicted within Attachment A Allow the Foundation to act as the project manager, using their approved vendors to perform installation of the mini-pitch project;the Foundation and all of its approved vendors shall meet all of the City's insurance, indemnity, and prevailing wage requirements Obtain all necessary consents, approvals, permits and/or licenses required to install the mini-pitch Agree to allow the Foundation to complete the mini-pitch project within 90 days of the below date Provide before and after photos of the mini-pitch to Foundation upon request 2020-10-20 Agenda Packet Page 74 of 294 U.S. Soccer Foundotion Mini-Pitch Initiative Memorandum of Understanding SOCCER FOUNDATION Execution of this Memorandum of Understanding signifies,that all involved parties have reviewed this Memorandum of Understanding and are prepared to execute a formal Great Agreement,,subject to approval of the Chula Vista City Council,within 30 days of being selected for a U.S.Soccer Foundation minis- itchgrant. 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DISPOSAL OF BATTERIES (4/°5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution.. SUMMARY The California Department of Resources Recycling and Recovery estimates that less than one percent of household batteries are properly disposed of for recycling each year in the state of California. In collaboration with The Recycling Partnership, the Environmental ,Services Section of the office of Sustainability will create a multi-faceted campaign aimed at educating residents on the proper disposal of household batteries,which present environmental dangers as well as fire hazards. In order to combat improper battery disposal, The Recycling Partnership proposes $180,000 in reimbursable grant funds to support trash and recycling cart tagging for battery disposal education outreach, educational mailers, digital campaign support, and more. The campaign will incorporate an online survey at the start and completion of the project to help measure the campaign's effectiveness. ENVIRONMEN'TAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality pct (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CF S. Guidelines Section 1.5301 Class 1. (Existing Facilities), Section 1.5303 class 3 (New Construction or Conversion of Small ,Structures), 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 furter environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Sustainability Commission voted to recommend City Council approval of this item in their September 14, 2020 meeting. 1 l Page 1 2020-10-20.agenda Packet Page 81 of 294 DISCUSSION The California Department of Resources Recycling and Recovery estimates that less than one percent of household batteries are properly disposed each year in the state of California. In collaboration with The Recycling Partnership,the Environmental Services Section of the Office of Sustainability will create a multi- faceted campaign aimed at educating residents on the proper disposal of household batteries. In California, batteries are considered hazardous due to the heavy metals and/or toxic or corrosive materials they contain. For this reason, it is illegal to dispose of batteries in the trash and, while batteries are recyclable, they cannot be placed in recycling carts because they are a hazardous item that requires special handling. When batteries are 'improperly disposed, they eventually corrode and leak their hazardous materials into the environment., Batteries also pose a fire hazard. Touching a battery's positive and negative terminals to a conductor, such as metal, allows energy to flow out of the battery and if the terminals are connected to an item with low resistance, the flow of current can cause a fire. Batteries can be especially dangerous when disposed of together in trash or recycling carts, creating the potential to cause a fire in the home, in trash or recycling collection vehicles,or at sorting facilities. In order to combat improper battery disposal, The Recycling Partnership proposes $180,000 in reimbursable grant funds to support trash and recycling cart tagging for battery disposal education outreach, educational mailers to residents, digital campaign support and signage installments at public transit shelters as well as the City s household hazardous waste facility. The campaign will incorporate an online survey at the start and completion of the project to help measure the campaign's effectiveness. Specific grant deliverables and the grant proposed budget is specified in the Grantee Workplan and Project Budget and Funding Sections in Attachment 1; City of Chula Vista-Recycling Partnership GrantAgreement. The Recycling Partnership is a national nonprofit organization aimed at transforming recycling in cities and towns across America. The Recycling Partnership believes that recycling is fundamental to a healthy environment and economy and it works in cooperation with communities and companies through leveraged seed grants,technical assistance,and other tools to continuously innovate and improve recycling systems. 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 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. CURRENT-YEAR.FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $1801,000 to the Economic Development Department's Environmental Services supplies and services budget. The Recycling Pa g e 12 2020-10-20 Agenda Packet Page 82 of 294 Partnership is the source of funding for this campaign; therefore,there is no net fiscal impact to the General Fund. ONGOING FISCAI.AMPACT There is no ongoing fiscal impact for accepting these funds. 'T °T Attachment 1 -City of Chula Vista,Recycling Partnership Grant Agreement Staff Contact: Manuel Medrano, Environmental Services Manager, Economic Development Department - office of Sustainability P g e 3 2020-10-20 Agenda Packet Page 83 of 294 RESOLUTION NO. RESOLUTION of THE CITY COUNCIL of THE CITY of CHULA VISTA ACCEPTING A REIMBURSEMENT GRANT IN THE AMOUNT OF $180,000 FROM THE RECYCLING PARTNERSHIP TO FUND A BATTERY RECYCLING CAMPAIGN AIMED AT EDUCATING RESIDENTS ON THE PROPER DISPOSAL OF BATTERIES WHEREAS, the California Department of Resources Recycling and Recovery estimates that less than one percent of household batteries are properly disposed of for recycling each year in the Mate of California; and WHEREAS, in collaboration, with The Recycling Partnership, the Environmental. Services Section of the Office of Sustainability will create a multi-faceted campaign aimed at educating residents on the proper disposal. of household batteries; and WHEREAS, in. California, batteries are considered hazardous due to the heavy metals and/or toxic or corrosive materials they contain and WHEREAS, it is illegal to dispose of batteries in trash or recycling carts because they are a hazardous item that requires special handling in order to be recycled and when improperly disposed, will eventually corrode and leak their hazardous materials into the environment; and WHEREAS, batteries also pose a potential fire hazard and can be especially dangerous when, disposed of together in trash. or recycling carts, creating the potential to cause fires in the home, in trash or recycling collection vehicles, or at sorting facilities; and WHEREAS, in order to combat improper battery disposal, The Recycling Partnership proposes $180,,000 in reimbursable grant funds to support trash and recycling cart tagging for battery disposal education outreach, educational mailers, digital campaign support, and more. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Nista, that it hereby accepts a reimbursement grant of$180,000 from The .Recycling Partnership to fund a multi-faceted campaign aimed at educating residents on proper battery disposal and. amends the fiscal year 2020-2021 Environmental Services budget to refect appropriation of these grant funds. Presented by: Approved as to form by: Eric C. Crockett Glen R. Googins Deputy City Manager City attorney 2020-10-20 Agenda Packet Page 84 of 294 ""'JiN1110- 125 Rowd COUlpt THE RECYCLING FaHs,Church,VA 22046 86436M828 Tm PARTNERSHIP, RECYCLAGPARTNERSHIP.ORG RECYCLING PARTNERSHIP GRANT AGREEMENT This Grant Agreement is hereby made and entered into on the last date of execution below("Effective Date"),, by and between The Recycling Partnership, Inc. ("The Partnership") and the City of Chula Nista, California("Grantee"), which are referred to collectively herein as the "Parties" and individually as a '. Party." 1. Grant Agreement Documents; Entire Agreement: This Grant Agreement consists of this document and its attachments: Terms and Conditions Attachment Al and Grantee's Work Plan Attachment B. This Grant Agreement comprises the entire agreement between the Parties and supersedes any and all previous and contemporaneous agreements and representations,, whether oral or written. 2. Term: The Grant Agreement shall be effective during the Grant Period, which begins on the Effective Date and ends on October 11 2021 unless the Parties agree to amend the Grant Agreement as provided in Paragraph 8. 3. Grantee"s Duties: Subject to Paragraph 10 hereof, the Grantee shall take reasonable and appropriate steps to substantially complete the Grantee's Work Plan as set out in Attachment B and under the conditions set forth in Attachment A. 40 Duties of Partnership and Grantee: The Partnership shall make cash grants to the Grantee in an amount not to exceed ONE HUNDRED AND EIGHTY THOUSAND DOLLARS ($180,,000) to support the improvement of recycling program materials quality and resident engagement from Grantee's residential curbside recycling program ("Cassa Grants"). The details of the Cash Grants and the anticipated costs and expenditures associated with this grant project are detailed in section f, Project Budget and Grant Funding, of Attachment B. In addition to the Cash Grants, during the Grant Period The Partnership shall also provide the Grantee with access to resources, Partnership staff time, and other in-kind services with an estimated value of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,,000). The purpose of these in-kind services is to support the Grantee's public recycling program through the provision of technical support for strategic planning, program assessment, and recycling education and outreach including recycling program outreach collateral. The amounts set forth below represent The Partnership's intended distribution of in-kind resources to the Grantee. 2020-10-20 Agenda Packet Page 85 of 294 RECYCLI NG PARTN ERSH I R,ORG Description of In-Kind Resources from The Recycling Partnership Projected Value Access to Recycling Partnership ducational campaign materials up to$100,000 Dedicated technical assistance and outreach campaip design support from Partnership staff Up to$25,000 Total pr�jected value of in-kind assistance and support i to$1,2500 In exchange for the Cash Grants and in-kind resources from The Partnership,, the Grantee will commit staff time and resources for the planning and implementation of the project that is the subject of this Grant Agreement, in the Grantee's Workplan as set out in Attachment B1 and under the conditions set forth in Attachment A. Subject to Paragraph 10 hereof the Grantee will take reasonable and appropriate steps to substantially complete the Grantee's Work Plan in accordance with the Anticipated Implementation Timeline described in the Grantee's Work Plan. a,sI or Distribution, Provisi I ons: The Partnership shall distribute Cash Grant funds to the Grantee to support actual allowable expenditures the Grantee has made or otherwise will incur during the Grant Period. An allowable expenditure is one associated with work performed or goods or services acquired to complete the Grantee's Work Plan as outlined in Attachment B hereto determined by The Partnership in its sole and absolute discretion. Grant funds, excluding the final payment of grant funds, shall be distributed to reimburse Grantee for actual allowable expenditures, and The Partnership shall make such distributions to the Grantee within thirty(30) days of receiving from the Grantee invoices prepared as described in Paragraph 6 below documenting allowable expenditures. Total distributions from The Partnership will not exceed ninety percent (90%) of reimbursable costs until the submittal of a final project report; the remaining ten percent (10%) of reimbursable expenses shall be paid upon final report submittal. Grant proceeds may be distributed to the Grantee by check or direct deposit, as the Grantee and The Partnership shall mutually agree prior to the distribution of Grant funds. 60 Invoices: As described in section r of Attachment A captioned "Reimbursement," the Grantee shall submit reimbursement requests to The Partnership,, which shall include copies of invoices for allowable expenditures for which the Grantee is seeking reimbursement. The Grantee's final invoices must be received by The Partnership with the Grantee's Final Report, as described in the "Reporting and Additional Post Award Requirements" section q of Attachment A. With respect to all invoices submitted to The Partnership,, the Grantee shall provide reasonable and appropriate evidence for The Partnership to determine the actual amounts paid by Grantee for work and services associated with allowable expenditures, and documentation that provides evidence of payment by the Grantee for all allowable expenditures submitted. In addition to supporting documentation,, the Grantee shall provide a summary of the expenses paid by the Grantee in a table or spreadsheet outlining the expense, vendor, and the purpose of the expense. Upon presentation of herein described invoices and documentation, the Grantee will then be eligible for reimbursement of up to ninety percent (90%) of the amount of grant 2 2020-10-20 Agenda Packet Page 86 of 294 RECYCU NG PART'N ERSH I R,ORG funds to be provided by The Partnership for allowable expenditures and with the final ten percent(10%) becoming available as detailed in Paragraph 5 above. 7. Grant Contacts: Contacts for purposes of this Grant Agreement are set forth below. Partnership Granting and Partnership Project Manager: Grantee Project Manager: Resource Manager: Spence Davenport Asami Tanimoto Joseph Coppola Telephone:(919)619-5580 Telephone:(916)642-9686 Sustainability Specialist Email: Email: Telephone:(619)691-5161 sdavenport(& .,recyclingpartnership.org atanimoto("&recyclingpartnership.org Email:jcoppola(& .,chulavista.gov 8. Changes and Amendments: Any change to this Grant Agreement that increases or decreases the amount of the Cash Grants is not effective until approved in writing by the Granting and Resource Manager of The Partnership. This Grant Agreement may be amended in a writing signed by the Parties, subject to the approval of the Board of County Commissioners of the Grantee by resolution. 9. Signature Warranty: Each of the undersigned represents and warrants that be or she is authorized to execute this Grant Agreement. 10. Appropriations Limitation: All expenditures and other performance by the Grantee under this Grant Agreement are subject to appropriations by the Board of County Commissioners of the Grantee. Consequently, this Grant Agreement shall bind the Grantee only to the extent the Grantee appropriates sufficient funds for the Grantee to perform its obligations hereunder. The balance of this page is intentionally left blank.] 3 2020-10-20 Agenda Packet Page 87 of 294 RECYCU NG PART'N ERSH I R,ORG The parties have executed this Grant Agreement as of the Effective Date. The Recycling Partnership, Inc. By: Spence Davenport Granting and Resource Manager DATE: City of Chula Vista, CA By: Manuel Medrano Environmental Services Manager DATE: 4 2020-10-20 Agenda Packet Page 88 of 294 RECYCU NG PARTN ERSH I R,ORG Attachment A: Terms and Conditions a. Termination,: Either Party may terminate the Grant Agreement in writing with thirty(30) days' notice to the other Party. If the Grantee fails to substantially fulfill its obligations under this Grant Agreement in a timely and proper manner, The Partnership may provide written notice to the Grantee of its intent to terminate the Grant Agreement. Such notice shall specify the reasons for termination and allow the Grantee thirty(30) days to mitigate any specified reasons. If the Grantee fails to cure, as determined by The Partnership in its sole discretion, The Partnership may terminate this Grant Agreement by giving written notice to the Grantee of such termination and the effective date of such termination. In such event, the Grantee may receive Cash Grants equal to the total amount of actual allowable expenditures paid or entered into in good faith and subject to the other terms and conditions of this Grant Agreement that were incurred by the Grantee prior to receipt of a notice of termination from The Partnership and submitted for reimbursement within thirty(30) days of such receipt date in accordance with Paragraphs 5 and 6 of this Grant Agreement. b. Notices: All notices required by the terms of this Grant Agreement to be sent to The Partnership must be delivered by email with a read receipt requested to The Partnership Granting and Resource Manager, Spence Davenport at sdavenportgrecyclingpartnership.org with a copy to The Partnership Project Manager, Asara i Tanimoto at atanimotogrecyclingpartnership.org. All notices required by the terms of this Grant Agreement to be sent to the Grantee must be delivered by email with a read receipt requested to the Grantee's Project Manager, Joseph Coppola, Sustainability Specialist, with a copy to Environmental Services Manager, Manuel Medrano, at mmedranogcbulavista.gov co Recycled Paper: The Partnership encourages the Grantee,, if cost effectivel to have all publications produced as a result of this Grant Agreement be printed double-sided on recycled-content paper with minimal thirty percent(30%) post-consumer recycled content. do Lobbying: The Grantee shall not use or appropriate any Cash Grant to carry on propaganda or otherwise attempt to influence legislation. e. Compliance with Work Plan,: The Grantee shall substantially adhere to the timeline and objectives detailed in the Grantee's Work Plan as set out in Attachment B and strive to make sufficient progress toward fulfilling such timeline and objectives. L Extensions: The Partnership may grant extensions of time for the Grantee to perform its obligations hereunder,, but such extensions are not guaranteed. If the Grantee desires an extension, the 5 2020-10-20 Agenda Packet Page 89 of 294 RECYCLI NG PARTN ERSH I R,0RG Grantee shall submit a written request to the Chief Community Strategy Officer of The Partnership at least sixty (60) days prior to the end of the Grant Period. go Retroactive Costs: Costs incurred before the Grant Period are not eligible for reimbursement unless approved in writing by the Chief Community Strategy Officer of The Partnership. h. Travel, Expenses: Cash Grants from The Partnership may not be used for travel expenses without prior written approval from the Chief Community Strategy Officer of The Partnership. i. Tech n,ical,Assistance: The Grantee agrees to works with The Partnership during the design, implementation and monitoring of the program improvements, both educational and operational, during the Grant Period. jo Material, Collection, and Management of Recyclable Materials: The Grantee shall provide a listing of the materials currently accepted for recycling. After a review by The Partnership of recycling materials already accepted by the Grantee, the Grantee shall work with its Materials Recovery Facility C'MRF" , hauler(if applicable) and The Partnership and/or a contractor hired at The Partnership's expense to evaluate the current mix of recycling materials collected residentially and consider the inclusion of other recyclable materials as appropriate in curbside collection. ke Educational, Best Practices: The Partnership utilizes a behavior change approach to recycling education and outreach. Our best practices consist of a direct mailer to all residents with information about acceptable materials and informational cart tags that address recycling contamination, while providing direct feedback to residents. At a minimum, the Partnership requires that grant funds allocated for education and outreach be used toward the procurement of direct-to-resident communications. The Partnership further requires that Grantee cooperate with The Partnership in support of the design and implementation of the education and outreach campaign which will include a general information card and the use of oops tags to provide direct-to-resident feedback about contamination in select areas of the city. Finally, the Partnership requires that the Grantee update its websites with updated messaging and information about the public recycling services in its jurisdiction based on recent work with the Partnership to include at a minimum a listing of acceptable materials, bow to gain additional information about recycling collection schedule,, requirements about recycling containers and proper materials preparation. L Press Events: The Grantee agrees to participate in local press events related to The Partnership,, which may include, but are not limited to, press releases, interviews, ribbon cutting ceremonies, etc. The Partnership agrees to give reasonable notice to the Grantee's Grant Contacts regarding any such press events. 6 2020-10-20 Agenda Packet Page 90 of 294 RECYCLI NG PARTN ERSH I R,ORG M. Graphic Design, Edits: The Partnership will work with the Grantee to customize educational materials to fit the needs of the Grantee's campaign in accordance with the timeline established by the Parties. The Grantee must give at least seven (7) days' notice for any edits or changes to educational materials that are to be conducted by The Partnership. If the Grantee uses a third-party service provider for the design of education and outreach materials, The Partnership will cooperate with the third-party service provider by providing access to Partnership tools, artwork and images for use by such third-party provider. The Partnership will not, however, provide customized design services to such a third-party service provider. The Partnership will work with the Grantee on campaign materials and will provide two (2) rounds of edits to the graphic design of these materials. Additional rounds of editing on graphic design materials may be provided by mutual agreement between the Parties. n'O Logo Usage: The Grantee shall use The Partnership logo with the phrase "Funded in part by" on all education materials associated with the project that is the subject of this Grant Agreement. When a Partnership project is funded by one or more other funders, then, in addition to The Partnership logo, such funders may also need to be acknowledged by the Grantee in communications materials with the "Funded in part by" language, and the use of one or more funder logos may be requested, with the final acknowledgment to be developed by mutual agreement between the Parties. Prior to finalization, The Partnership requires proof review of any campaign materials developed by the Grantee or a third party that uses campaign images, graphics or logos of The Partnership and any other funders. Upon presentation of materials for review, The Partnership agrees to review proofs and provide feedback within five (5) business days, or it shall lose the right to require the use of The Partnership logo, and the logos of any additional funders and associated use of the "Funded in part by" phrasing. The Grantor understands that under no circumstances may the Grantee appear to be endorsing or advertising on behalf of a private business. 0. Compliance with Patent, Trademark and Copyright Laws: The Parties agree that all work performed under this Grant Agreement, shall comply with all applicable patent, trademark and copyright laws, rulesl regulations and codes. The Parties further agree that neither will use any protected patent, trademark or copyright in performance of their respective work unless a Party has obtained proper permission and all releases and other necessary documents. The Parties agree to release, indemnify and save one another harmless from any and all claims, damages, suits, costs, expenses, liabilities, actions or proceedings of any kind or nature whatsoever, of or by anyone whomsoever, in any way resulting from, or arising out of, directly or indirectly, the performance or work under this Grant Agreement which infringes upon any patent,, trademark or copyright protected by law. pe Electronic Signatures and Electronic Records: The Partnership or to the use of electronic signatures by the Grantee. The Grant Agreement, and any other documents requiring a 7 2020-10-20 Agenda Packet Page 91 of 294 RECYCU NG PARTN ERSH I R,ORG signature under the Grant Agreement, may be signed electronically by the Grantee in the manner specified by the Grantee. The Parties agree not to deny the legal effect or enforceability of the Grant Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Grant Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature,, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. q* Reporting and Additional, Post AwardRequirements: The Grantee shall comply with reporting requirements, including: • In order to establish a baseline for measurement of project success, the Grantee shall provide The Partnership with monthly waste and recycling tonnage data for at least the twelve (12) month period immediately before the project that is the subject of this Grant Agreement is initiated. • The Grantee shall deliver to The Partnership monthly waste and recycling data reports on a quarterly basis through the end of the Grant Period as defined in Paragraph 2 of the Grant Agreement. Such reports shall be submitted electronically to The Partnership via a reporting system and format established by The Partnership. • The Grantee shall establish an account with the Municipal Measurement Program ("MMP") system for annual reporting. Reporting in the MMP system is free and involves entering annual tonnage data and answering questions about waste and recycling programs and services through a web-based analytical tool. To aid in the tracking of the long-term impacts of the work conducted, the Grantee commits to reporting annually in the MMP system for five (5) years following the term of this Grant Agreement. • The Grantee shall submit to The Partnership for review a draft Final Report at least thirty(30) days prior to the end of the Grant Period. The Partnership will provide the required format for the Final Report and feedback to the Grantee about the draft Final Report, including necessary changes and points of clarification, within fourteen (14) days of receipt of the draft Final Report, and a fully reviewed and finalized Final Report is required to be submitted by the end of the Grant Period. • Additional reporting requirements may be included in Grantee's Work Plan set out in Attachment B. r. Reimbursement: As stipulated in Paragraph 5 of the Grant Agreement,, grant funds will be distributed by The Partnership on a reimbursement basis. When seeking reimbursement for grant related expenditures, Grantee must utilize the format provided by The Partnership. When submitting reimbursement requests,, the Grantee must include a copy of any invoices or receipts for which the Grantee seeks reimbursement from The Partnership. All invoices should be accompanied by associated proof that Grantee has made payment for the invoices in question. Acceptable proof of payment can include copies of canceled checks or Grantee finance system reports showing that the payment has been made. 8 2020-10-20 Agenda Packet Page 92 of 294 RECYCU NG PARTN ERSH I P,,ORG The Partnership shall reimburse Grantee for actual allowable expenditures with The Partnership retaining a minimum of ten percent (10%) of the grant funds until all grant related activities are completed and all reports are received and accepted. The remaining ten percent (10%) of reimbursable expenses shall be paid upon completion of a satisfactory Final Report as described above in the section titled '. Reporting and Additional Post-Award Requirements." The Partnership may withhold payment of grant funds if Grantee is delinquent in meeting its reporting obligations as set out in section q, "Reporting and Additional Post-Award Requirements" above. 9 2020-10-20 Agenda Packet Page 93 of 294 RECYCU NG PARTN ERSH I R,ORG Attachment B: Grantee's Workplan, a. Background: The Recycling Partnership was presented with an opportunity to pursue community projects within the State of California to educate residents on proper battery disposal. With the caveats that the projects need to be located within the State of California, the communities have experienced a fire in the past year and have at least 50,000 households, The Recycling Partnership identified Chula Vista, CA as a community that is eager to educate its citizens that fits all of these requirements. 0 b. Project Description: With the support of Cash Grants and technical assistance from The Partnership,, Chula Vista will implement a city-wide educational campaign to help inform residents about proper battery disposal and where they can take used batteries via digital advertising, social media and more traditional media like bus signage. Chula Vista will also conduct a direct-to-citizen outreach campaign to reinforce proper recycling behavior through the implementation of a tagging program for curbside recycling carts. The tagging campaign will seek to focus on approximately 52,,000 households,, and will include team members placing an information tag on each residents' recycling cart. All residents will receive the tag on their cart, with the 'tag' taking the form of a banging sign, sticker or alternative piece of collateral that adheres to the cart. Since the messaging will focus on taking batteries to the Household hazardous waste facility or other partner drop-offs (as available), the tag can be placed on either the recycling cart, or if no recycling cart is out,, on the waste cart. The tagging program will be combined with a direct mailer to all 52,,000 households. Budget permitting, the 22,000 multifamily units within the city will also receive the message and campaign via mailer only. In addition to mailers and cart tags, marketing and education messaging will be delivered via several forms of digital and traditional channels,, including digital marketing and social boosting, with bus ads as an option, as well. rrcl Before and after the campaigns, surveys will be conducted to understand the level of know edge residents have surrounding batteries, battery fires and proper battery disposal options. With the current climate at the time of project launch,, surveys could be impacted by COVID as well as the 2020 elections. Therefore,, as the project continues to progress, budgets will be reserved for the best method for reaching citizens. This could include digital surveys, over the phone and in-person (at the household hazardous waste facility) to understand what the population understands about battery disposal. The Recycling Partnership and the City of Chula Vista team will agree on the best method for surveying residents. The goal of this project is to reduce incidents of batteries entering the recycling and waste streams, with the higher level goal of reducing fires caused by lithium ion batteries. From the data gained from this 10 2020-10-20 Agenda Packet Page 94 of 294 RECYCLI NG PARTN ERSH I R,0RG project, a toolkit for battery disposal outreach and education will be created and finalized so that the most successful techniques for educating residents across the United States can be offered for use. co Measurement Plan,: Surveys will be conducted either digitally, via phone, as well as at the household hazardous waste facility. The budget allows for this survey to be conducted either through a private contractor or joint efforts between The Recycling Partnership and the City of Chula Vista's team using existing marketing channels (such as Facebook, Nextdoor, email lists, etc) to gain an understanding of the residents' understanding of battery disposal. These surveys will be conducted prior to the education campaign as well as after the completion of the campaign. do Public Outreach Plan,: The battery education outreach plan will be designed and implemented in collaboration with The Partnership. These anti-contam in ation efforts will be in addition to the communication tools the Department currently uses to dispense information. Campaign elements will include supportive messaging and campaign materials placed throughout the community on various structures including buses, digital media and traditional media. In addition to the abovel all residents will receive an educational mailer and route auditors will place informational tags on recycling carts that have for all residents. The tags will be printed in English and Spanish. e. Anticipated Implementation, Time fint: The Parties agree to develop and maintain a detailed Project Timeline providing milestones in the implementation of the project. The anticipated key dates in the project are as follows: • October 11 2020— Parties initiate joint planning for education and outreach campaign in support of Grantees battery disposal program and begin vendor outreach. • October through November 2020—Initiate survey elements of campaign in select portions of community; finalize educational materials and digital content. • November/Dec tuber 2020— Launch maler, tagging and marketing campaigns • February 1, 2021 — Post surveys, reporting of results • October 11 2021 —Finalize grant reporting and complete project. The Parties acknowledge the difficulty of predicting the exact dates for implementation of the various elements of this project. With this in mind, the above dates are intended as milestones, and with the understanding that if unanticipated changes or delays in the above schedule occur, then the Parties agree to revisit the timeline and adjust as necessary to pursue the successful implementation of the project as described in section bl Project Description, above. 2020-10-20 Agenda Packet Page 95 of 294 RECYCU NG PARTN ERSH I R,0RG f. Project Budget and Grant Funding: The amounts set forth in the table below represents The Partnership's intended distribution of Cash Grants to the Grantee. Grant Element Description Grant Amount Grant funding to implement a recycling education and outreach campaign in support of battery disposal in the City of Chula Vista Education and Outreach with the particular goal of reducing batteries in the recycling $1,8000 Support and Surveying stream and clear instructions of where to take them. Includes before and after surveys to gain.understanding of the reach.of the campaign. Total $1,8000 All costs associated with project implementation beyond the direct grant funding from The Partnership will be the responsibility of the Grantee. It is understood that actual expenses may vary depending on a variety of factors, including the actual costs of printing, mailing and other supportive outreach activities. The actual amount of Cash Grants will be based on actual reimbursable expenditures as outlined in section ul Reimbursement, of Attachment Al and the total amount of Cash Grants shall not exceed the amount specified in Paragraph 4 of the Grant Agreement. Any Cash Grants to the Grantee are subject to the requirements set out in Paragraph 10 of the Grant Agreement. The Grantee shall only invoice and receive reimbursement for actual allowable expenditures incurred. 12 2020-10-20 Agenda Packet Page 96 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 20,2020 File ID: 20-0360 ,TITS RESOLUTION OF THE CITY COUNCIL OF'THE CITY"OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO 'THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PROFESSIONAL PIPE. SERVICES TO PROVIDE SEWER MANHOLE INSPECTION AND EVALUATION SERVICES RECOMMENDED171 Council adopt the resolution. SUMMARY Staff has negotiated a First Amendment to the agreement between the City of Chula Vista (City) and Koffman Southwest Corporation dba. Professional Pipe Services (Consultant) for the Sewer Manhole Inspection and Evaluation Services to authorize payment of additional compensation to Consultant for increased labor rates due top payment o prevailing I n wages and corresponding penalties that may e assessed the Department of Industrial Relations (DIR). The DIR notified the City of the Labor Code Compliance Investigation on December 23, 2019 so the Consultant made an additional gage compensation payment in the amount of$73,876.61 to the affected employees to comply with applicable prevailing wage rates. DIR is currently assessing penalties and reviewing the compensation payment,so the final payments may vary. ENVIRONMENTAL REVIEW The City's Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act CEQA and has determined that the activity is not a"Project"as defined under Section. 15,378 of the California Environmental Quality.Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. DISCUSSION The Request for Proposal for Sewer Manhole Inspection: and Evaluation Services was advertised on. March 12, 2015 as a prevailing wage contract. Proposals were submitted by March 18, 2015 with prevailing wage rates. On or about April 30,2015,the City determined the services were non-prevailing wage as the services were not for the construction, maintenance, repair, or replacement of a public facility or real property. Although the contract was advertised as prevailing wage the determin.ation of the most qualified contractor did not use cost as a primary evaluation factor thus the contract was not re-bid but the contract cost was negotiated and appropriately reduced. The Consultant Agreement was executed on July 21.,2015 and the Consultant began work. satisfactorily completing the work for the contract period, yearly extensions were issued as allowed in. the Agreement, effectively completing the work on June 30, 2019. On December 23, 2019, the Labor Commissioner of the State of California, through the Department of Industrial Relations (DIR), sent Notice of Investigation (Case Number 40-68,361-341) to the City as 1 . 0 0 1 P Ii1 2020-10-20 Agenda Packet Page 97 of 294 notification that the DIR was conducting an investigation to determine if the Consultant and referenced project were in violation of the Public Work Laws. Based on the DIR labor classifications and wage rates and the timesheets with hours labored per day and per week, the additional wage compensation totaled $73,876.61. The timesheets and calculations are on file and available for review in the Engineering and Capital Projects Department. City staff reviewed the additional compensation calculation and agrees with the amount of'$73,876.61. DIR is currently reviewing the project and upon final determination,wage rates and penalties may be assessed. As such, the contract amendment will authorize the City Engineer to pay additional wages and penalties found to be due and owing as a result of the DIR's investigation up to the amount allocated in the Council approved Capital Improvement Program Budget, SWR0287, SWR0306, and SWRO 3 15. DECISION-MAKER C"CINFLIC'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.Govt Code§87100,et seq.). Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a bias for a decision maker conflict of interest in this matter. CURREN'T-YEAR FISCAL IMPACI 11 Approval of the resolution will result in no additional impact to the Sewer Facility Replacement Fund as enough funding is available in SWR028,7, SWR0306,,and SWR0315. ONGOING FISCAL IMPACT Tonight's action authorizes the additional contractual compensation amount of$73,876.61 and authorizes the City Engineer to approve additional payments to Consultant based on findings from the California Department of Industrial Relations in the amount up to the amount allocated in the Council approved Capital Improvement Program Budget. There is no ongoing fiscal impact associated with the proposed action as the project account has adequate funding to fund the prevang wage requirements. MYTACHMENTS 1. Agreement 2. DIR Notice of Investigation 3. Amended Agreement Staff Contact: Beth Gentry,Senior Civil Engineer P 2 2020-10-20 Agenda Packet Page 98 of 294 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL F TIME CITY OF CHOLA VISTA APPROVING THE FIRST AMENDMENT TO TIME AGREEMENT BETWEEN THE CITY OF ! HULA VISTA AND PROFESSIONAL PIPE SERVICES TO PROVIDE SEWER MANHOLE INSPECTION AND EVALUATION SERVICES WHEREAS, on March 12, 2015, the City advertised the Request for Proposal for sever manhole inspection and evaluation services as subj ect to prevailing wage laves; and WHEREAS, atter the advertisement and receipt of proposals, City determined that the services were not subject to prevailing wage laws; and WHEREAS, the proposal rates received were re-negotiated to be paid at non-prevailing labor wage raves, and WHEREAS, Consultant has satisfactorily executed its work and performance obligations under the agreement during the years 2015 through 2019; and WHEREAS, in December 2 1. , the Department of Industrial Relations (DIR) sent a Notice of Investigation to the Consultant and requested payroll regards for the entire Agreement teen, and WHEREAS, the Consultant issued payment to laborers to supplement wages and meet prevailing wage requirements in a Natal amount of$73,876.61; and. WHEREAS, at the conclusion of the DIR. review, further penalties may be assessed, and final prevailing wage amounts,may vary; and. WHEREAS, the Consultant is requesting reimbursement t from the City for the additional compensation paid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the First Amendment to the Agreement between City of Chula Nista and Professional Pipe Services to Provide Sewer Manhole Inspection and Evaluation 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. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the City Engineer to approve payment of additionalcompensation to Consultant based on, findings from the California Department of industrial Relations s p to the amounts allocated in CIP Nos. SWR02 7, SWR.0306, and SWVR 315. 2020-10-20 Agenda Packet Pale 99 of 294 Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering and Capital Projects City Attorney 2020-10-20 Agenda Packet Page 100 of 294 ACCT. 15005 Agreement between City of Chula vista and Professional Pipe Services to Provide Sewer Manhole Inspection and Evaluation Services (SW296) This agreement (Agreement), effective,�v � 0)2-015-'s between the City-related entity whose name and business form is indicated on Exhibit A,, Para r apli 2, (City), and the entity whose name, business f orni, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Consultant), and is rna e NAth reference to the following facts: Rri,c1TA,L WHEREAS, the City of Chula vista owns, operates} and rna.intaxns more than 12,000 sewer mca holes; and WHEREAS, some of these manholes have been in service for nearly 95 years and night have sustained some deterioration; and WHEREAS, inspection and evaluation of approximately 3,300 manholes were completed in the past year and the remaining 8,700 manholes still require assessment; and WHEREAS, on March 6, 2015, the City of Chula. vista's Engineering Division advertised a Request for Proposals FP for inspecting and evaluating the remaining 8,700+/= sever manholes; and WHEREAS, on March 18, 2015, the City of Chula vista's Engineering Division received two proposals for providing manhole inspection and evaluation services; and WHEREAS, one of the consultants submitting a proposal withdrew their proposal; and WHEREAS, City staff has been satisfied with the work completed by Consultant under a different contract in the past year; and WHEREAS, the Consultant selection process has been conducted in accordance with Section 2.56.110 of the Chula vista Municipal Code- and WHEREAS, the City Council vitt authorize the City Engineer to renew contracts on a yearly basis for an additional three years with no fm-ther action of the City Council upon staff's determination of satisfactory performance by theConsultant; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner sueh that it can deliver the services required of Consultant to City in accordance with the time frames and the terms axed conditions of the Agreement. [Enol of Recitals.Next Page Starts Obligatory Provisions] Page l 2020-10-2C '� �1 + Befi reen the City oj'�'hida Visto and Proftssional Pipe Senjrce s to Provide Manhole Inspection Services Page 101 f 294 e�{.� rcr ir crt4rr���� �'ra I .cc ec ,doe p � . i N. 15005 OBLIGATORY PROVUSIONS PAGES NOW, THEREFORE,, for valuable consideration the City and Consultant do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE 1. CONSULTANTS OBLIGATIONS A. General � 1. General Duties, Consultant shall perform all of the set-vices described on E hibit , Paragraph 7 (General Duties). . Scope of Work- and Schedule. In performing and delivering the General Duties, Consultant shall also perforin the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work andSchedule," according to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the essence of this agreement. The General Duties and the work and Deliverables required in. the Scope of Work and Schedule shall be referred to as the "Defined Services,"Failure to complete the Defined Services by the tines indicated does not, except at the option of the City, terminate this Agreement. a. Reductions in Scope o f Work, City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet m good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction, bt Additional Seri es. In addition to performing the Defined Services, City may require Consultant top erform additional consulting services related to the Defined Services (Additional Services), and upon doing so rn writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule"' in Exhibit A, Paragraph 1 unless a separate fixed fee is otherwise agreed upon. All p ) p compensation for Additional Services shall be paid monthly as billed. . Standard of Care. The Consultant expressly warrants that the work to he performed pursuant to this Agreement, whether Defined Services or ,additional Sefvices, shall he performed in accordance with the standard of care ordinarily exerei-s d by members of the profession currently practicing tinder similar conditions and in similar locations. a.. No Waiver of Standard qf Fare. 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 negligent acts, errors, omissions, noncompliance with ir�dustr standards, or the willffil misconduct of the Consultant or its subcontractors. Page en the DO?o�Chula Vista and Professional Pi Services to ProvdeAfunhole b7pection Services!- Page 102 of 294 sers ff f i i i i ACK 15005 B. Application of Laws. Should a federal or state law pre-erupt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No pro-vision of this Agreement requires the Consultant to observe or enforce compliance with � any provision, perform any other act, or do any other thing in contravention of federal, state, f. territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Consultant to violate any law, the Consultant agrees to notify City 'Immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it, expeditiously. I. Subcontractors. Consultant agrees to tale appropriate Measries necessary to ensure that all participants utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting prod ect implementation. In addition, if a subcontractor is expected to ffilfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain, wring the period of performance of this Agreement, and. for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the Consultant, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement of work. i . Minimum Scope of Insurance. Coverage n-iust be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form 00014 b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code I (any auto). c, WC. Workers' Compensation insurance as required by the State of California. and Employer's Liability Insurance. d. E O. professional Liability or Errors & omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Consultant must maintain l imits no less than those included in the table below: i Page 3 �� '� ��#��r�e�t�� � �� �'��r��x yrs#��r���Professional Pipe�'��'t��c��#������}�����f����������s ��#���r �r�����s 2020-10-20' 'i f Page 103 of 294 i i I i Na 15005 i. General Liability: $13000,000 per occurrence for bodily injury,personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the gerneral aggregate limit must apply separately to this completed Project/location or the general aggregate limit roust be trice the � I operations, as required occurrence limit, applicable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage F ill. Workers' Statutory Compensation 1,000,000 each accident Employer's 1,000,000 disease-policy limit Liability: 1,000,000 disease-each employee iv. Professional 1,000,000 each occurrence Liability or Errors � Omissions Liability.- If iability:If the Consultant maintains higher fin-ii ts than the minimums shorn above,the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City6 At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers officials, employees and volunteers- or the Consultant will provide a financial grantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, s compensationro riate, the Dryer' policies are to contain, or be endorsed to contain, the f ollo in provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance including those with respect to liability arising out of automobiles owned leased, bred or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO C6 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. Page 4 1 0 Beht'een the 00r of Chula Vista and Prgfe�ssional Pipe Ser vices fo Provide��f�rnhole Inspection Services 2020-10-2+��,�� �� � Page 104 of 294 s: •�l-svonl � ala1Roa,itingIL51reiiip�84d473co-df O-4fe9- ecrf=faeb[2afj3 .doe AN: 15005 b., Primary Insurance. The Consultant"s General Liability insurance coverage must he primary insuran it pertains to the City, its officers, of'fiex al s, 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 of the Consultant and in no way relieves the Consultant from its responsibility to provide insurance. o. Cancellation. The insurance policies required by this.Agreement shall not be canceled by either party, except after thirty days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any lend upon the company, its agents, or representatives" shall he deleted from all certificates. d. Waiver q f Subrogation. Consultant's 'Insurer will provide a waiver of Subfoation in favor of the City for each required policy providing coverage for the term required by this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against the City. . Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a cla.inis-made form: a. Retro Date. The "Retro Date" must he shown, and must be before the date of the i Agreement or the begim-ling of the work required by the Agreement. b. Maintenance and Evidence. Insurance must he maintained and evidence of insurance must b provided for at least five ears after completion of the work required by the � y Agreement. C. Cancellation. 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 the Agreement, the Consultant must purchase "extended reporting"' coverage for a minimum of five years after completion of the work req *red by the Agreement. d. Copies,. A copy of the claims reporting requirements must be submitted to the City or review. 7, Acct ta.bilit of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California With a current A.M. Best's rating of no less than AN. If insurance is placed with a surplus limes insurer, insurer must he 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. Exception may be made for the State Compensation Fund when not specifically rated., . verification of Covera Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. Page �� e oh est ��d •�e s�o� '� e��200-1 0- Beleeen th ' ' s to Pr o3 ide illfaii ole-I)ispectio�i Seri;ices Page 105 of 294 1 . 15005 The endorsements should- be on insurance industry forms, provided those endorsements or policies conform to the requirements of tbi s Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including end orsen-tents evidencing the coverage required by these specifications. . Subcontractors. Consultant must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements concluded in these specifications. 10.Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 11. Additional Coverage. To the extent that Insurance coverage exceeds the Minimums identified in section 3, recovery shall not be limited to the insurance Minimums, but shall W nstead extend-to the actual policy 11inits. D. Security for Performance 1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to Provide a Performance Bond (indicated by a check mar in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant s call provide to the City a performance bond, in the amount indicated at Exhibit A, Paragraph 18, in the forin prescribed by the City and by such sureties which are authorized to transact such business 'n the State of California,, listed- as approved by the United States Department of Treasury Circular 570, htt-W l/WWv.fMS.treas.ggy& , and whose underwriting limitation i s sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided others se by laws or regulations. All bonds signed by an agent roust be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the Jurisdiction in which the Project is located to issue bonds for the limits so required. Form mustbe satisfactory to the Risk Manager or City. . Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant topr ovide a Letter of Credit (indicated by a check marls in the parenthetical space immediate) precedingthe subparagraph entitled "Letter- of Credit"'), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at ' its unfettered discretion by submitting to the bank a letter, sired by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of � credit shall be issued by a bank, and b in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicate) in the space adjacent to the terra, "Letter of Credit" 1n Exhibit A, Paragraph IS. Page 6 - !- � e ��ee)s tete Citi}of hula Vista and Professional Pipe Seri ices to Provide �c�nhole hispection "ere ccs Page ��+� � ����,sr� t �arrr I 'er� lc5cc-cJ90-fe9- - e h c I ASI . 15005 3. Other S e crit F In the event that Exhibit A. at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Fetter of Credit (indicated - y a check marle, in the parenthetical space immediately preceding the subparagraph entitled "other Security''), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula vista Municipal Code. ARTICLE H. CITY OBLIGATIONS A,, Consultation and Cooperation. City shall regularly consult the Consultant for the pose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, tht-ou hout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Para rapl-i 9, with the understanding that delay 'in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the J ustifiable delay in theConsultant's performance B. Compensation, 1. Following receipt of Bill in , Upon receipt of a properly prepared hill ftorn Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terns and conditions set forth in Exhibit X, Paragraph 10, adjacent to the governing compensation relationship indicated by a "check ark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of E hibit A, and shall compensate Consultant for out of pocket expenses as provide. in E bibit A, Paragraph 11 2. u porting Inf'orma.tion. Any billing submitted by Consultant shall contain sufficient R. as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable 'is proper, and such billing shall specifically contain the City's account nutnbef indicated on Exhibit A, Paragraph 17(C) to be charged upon mal�ing such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost. 1 incurred prior; to the effective date of this Agreement; or 2 arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. Page 7 7'. ,,Vaman �etween the Crt o Chula V sta O)7d Pr o essional Pie err ces to Provide.Hal7hole Ins ec�tion�`mice.s2020-1 -2 �i � . Page 107 of 294 p p I ACID. 15005 a. Errors and Omissions, In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negli gen.ce, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this is intended to limit City's fights.paragraph hts. under other provisions of this y � Agreement. 4. Payment Not FinalApproval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a. waiver of any violation of Consultant of the terms of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Prod ect or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant"s responsibility to return any i funds due City as a result of later refunds, corrections, or other similar transactions-, nor will Projecty' closeout alter the right of Cit to disallow costs and recover funds provided for the Project on the basis of a.later audit or other review. a. Consultant s Obligation to Pay. Upon notification to the Consultant that specific amounts. are owed to pity} whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed, including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Consultant 1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and- shall ndshall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are sped t ca in Paragraph 14 of Exhibit A, or if none aro speclfled, then as determined by the City Attorney. 2. No Participation in Decision. Regardless of whether Consultant is designated as an FPP Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. Search to I eleri-nine Economic Interests. Regardless ardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently Page B�ti�een the Cit o Chula Vista and Professional Pipe Services to Provide��c�nho1a Ins ecfro�a S'er tyives 2020-10-20 Page 108 of 294 ��er'.s rrr �Dar a�R-oanrrrrg�L5ITerrrpl84d475cc.d, O-4fe9-9caf behO2ajj3bfO.do,- {}5 f l CN r 15005 conducted a search and inventory ofConsultant's economic interests, as the terra is used in the regulations promulgated by the Fair Political Practices Commission, and has E � determined that consultant does not, to the best of Consultant's knowledge, have an � economic interest which would conflict -ith Consultant's duties under this Agreement. 4. lionise Not to Acciuire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. €f i F 5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attomey if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. a 1 . Specific Warranties Against Economic Interests. Consultant warrants, represents and agrees that. a. Neither Consultant, nor Consultant's innnediate family members, nor Consultant's employees or agents (Consultant Associates) presently have any interest_, directly or indirectly, wbatsoever in any property which may be the subject natter of the Defined Services, or in any p � y ro ert within 2 radial miles from the exterior boundaries of any property which may be the subject ratter of .the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph 14. b. No promise of future employment, remuneration-, consideration, gratuity or other reward. or gain has -been made to Consultant or Consultant Associates in connection With Consultant's performance of this Agreement. Consultant pro' ises to advise City � of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter, e, Consultant Associates shall not acquire any such Probxbi-ted Interest witWn the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. d. Consultant may not conduct or solicit any business for any pally to this Agreement, or for anythird art that may be in conflict with Consultant's responsibilities under party y this Agreement, except with the written peiTnisslon of City, IV. LIQUIDATED DAI A E A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph l . i Page 2020-1 o- 0TCJ7 the City o,�'f.'hula Vista and Professional Pipe �?YIices to Provide Monhale b2spection Services Page 109 of 294 i AN. 15005 1. Estimating Damaizes., It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2. Amount of_Penalt Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sung of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages late). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governn'iental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay, the Consultant shall notify the City's Contract Administrator,, or designee, In writing of that fact within ten calendar days after the beginning of any such clai.rned delay, Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays diel or will delay the progress of the work. ARTICLE V. INDEMNIFICATION A. Defense,Indemnity, and Hold Harmless. 1. General Requirement.nt. To the maximum extent allowed by law, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from. and against any and all claims, demands, causes of action, costs} expenses, (including reasonable attorney's fees and actual costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection witb the performance of the Defined Services, the results of such performance, or this Agreement. This indemnity provision does not include any elainis, damages, liability, costs and expenses arising from the sole negligence or sole willful misconduct of the City, its officers, employees. 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 City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 2. Desi professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 27 2. , as may be amended from time to time, the defense and indemnity Page 10 2020-10-20 t �' - Beh een the City of Chula Vista and Pipe Sen,ices to Provide Manhole Inspection Services Page 110 f 294 •� sr?)?cr)i�AppDatoaiprri7ll.. 'erripl84( -l - cr-bebrx 0,doc A N- 15005 i obligation under Section I, above, shall be limited to the extent required by California Civil Code section 2782..8. . Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense'and risk, any and all srfits, actions or other legal proceedings, that n ay be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.I. and A.2. Subject to the bmitations in Sections A.l. and A.2.,, Consultant shall pay and satisfy any Judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incinTed by each of them. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/ori volunteers. I . Declarations. onsultant"s obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. 6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the i indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. 8. No Alteration of other Obligations. This Article v, shall in no way alter, affect or y modif . y an of the Consultant's otheotherobligations and duties under this Agreement, i ARTICLE LE 1. TERMINATION of AGREEMENT I I i I A, Termination for Cause. If, through.any cause, Consultant shall fail to fulfill in a timely and- proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and speonying the effective date thereof at least five (5) days before the effective date of such termination. In that event all finished or unfinished documents, data, studies, surveys, � drawings, maps, re of-ts and other materials prepared by Consultant shall, at the option of the City, become the ro ert of the City, and Consultant shall be entitled to receive Just and y � y equitable compensation, in an amount not to exceed that payable under this Agreement and i less any damages caused City by Consultant's breach, for any woriz satisfactorily completed on such documents and other materials u to the effective plate of Notice of Termination. � i B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination,, In that event, all finished and -wifinished documents and Page I I 200-1 !- Page ��� of '' tef Between the City of Chula Visla and Professional Pipe Services la Provide Manhole Inspection.Services 294 C:1 sel-,g�ja ialn�APPD taa Roanti gIL5lTettjpl84d47 dee-dpO-4fe 9c f`bebO_aff,3 .doe Al . 15005 other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement Is terminated by City as provided in this paragraph, Consultant shall he entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth In this section. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention, During the course of the Project and for three years following completion, the Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as City may require. B, Access to Records of Consultant and Subcontractors. The Consultant agrees to peiTnit, and require Its subcontractors to permit City or its authorized representatives, upon request, to inspect all project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and 'Its subcontractors pertaining to the Project. .- Project Closeout, The Consultant agrees that Pr *ect closeout does not alter the reporting i and record retention requirements of this Agreement, ARTICLE VIII. PROJECT OMPLETIO , AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Consultant agrees to submit a final certification of Pr je0 t expenses and audit reports, as applicable, B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alterConsultant's audit responsibilities. Audit � costs are allowable Pro ect costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the project, and either forwards the final payment or acknowledges that the Consultant ; has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE I . MISCELLANEOUS PROVISIONS A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. Page l 200-1 !- Y a 294 ��• f Bch the City of`Chin r Vista and Profes3ional Pipe Services to Provide.Hanhole Inspectton� en ices Page 112 f C.1 ,seg•sljcrr a na ppData tRoaminglL51Temp Md475cc-df O-4fe-9-9-raf-lie Waffl bfO,doe I i ACN: 15005 Limited d Consent. Cit here consents to the assignment of the portions of the Define. � �� i to I identified in Exhibit A Paragraph 16 to the suhconsu.ltants identified as k Services � � "Permitted ubconsultants.." � k k B. Ownership, leu blit atlon, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such mate-rials or properties produced in whole or in pant under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act),, distribute, and otherwise use, copyright or patent, in whole or in pail, re ail, an such reports,, studies, data, statistics, forms or other materials or properties produced � under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to he employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard to then. 1. Actions_on Behalf of it Except as City may specify in writing, Consultant shall have no authority, express or 'Implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Consultant shall have no authority, express or implied, to bind City or its 1•nembers, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. . No Obligations to Third parties. In connection Witli the project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents} employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstandingthat City may have concurred in or approved any solicitation, sub, reement, or thirdart contract at any tier, City shall have no obligation or liability p y to any person or entity not a party to this Agreement. D. Adn ini"strative 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 witli the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of wbich are incorporated by this reference as if fully set forth Page 1 q Chula Vista and Professional Pipe Services to P rovide Manhole Inspection Senices Page 113 of 294 �f � the p r .4d475cc-d -4 e -9eaf-bebO2a�b doce�s �c t � � r 1 '� Al F 15005 herein,, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals (Contrast Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. Term. The tern- of this Agreement shall be frorn the Effective Date through .Tune 30, 2016f E f t i+ Options to Extend. The City shall have three ) 1-year options to extend this Agreement for a total contract term of 4 years. The City may exercise these options by providing the Consultant with written notice of its desire to exercise the options no later than sixty (60) days prior to the expiration of the then current tern. The extensions shall be on the same terns and conditions of this original agreement and Will require the consent of the Consultant. i G. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in the report or document,, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. H. Consultant is Real Estate Broker andlor Salesman. If the bbx on Exhibit A., Paa raph 1 is marked, the Consultant and/or its principals 1s/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. L 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 nail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses id-entified in this Agreement as the places of business for each of the designated parties. J. Integration. This Agreement, together With any otber written document referred to or contemplated in it, embody the entire Agreement and understanding between the par-ties relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, inodified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. K. Capacity of Parties. Eacb signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement,, Page 14 2020-10-20-T € e �aeeal the 00,of Chula Vista Bind Professional Pipe��"er�lrces to Provide Manhole Inspection Services Page �� � : a�RoanfinglL5ITetiip18.4d475ce-d,9O-4fe -9caf bebO2crrff3b, .doe . i i N� 15005 L. Governing LawNenue. This Agreement shall he governed by and construed in accordance with the lags -of the State of California. Any action arising Under or relating to this Agreement shall he brought only in the federal or state courts located in San Diego County, State of Cafifoniia, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance ender it, shall be the City of Chula Vista. (E rid of page. Next page is signature page.) 1 t Pae 15 B r � � c.���eea�the r�j7 of�Chula t�' sta a��d Professional Pipe Services to Provide��f�rr��role I��s��eetio��Set-vices2020-10-2OAT" �� Pae 115 of 294 �. r•s•,��r��cr�� �� �r��r����ra�rl� �f�,���'���r����c���.�c��f ��f��5��•�,f{��{����r� �, .c��� ACCT: 15005 Signature Page to Agreement between City of Chula Vista and Professional Pipe Services to Provide Sewer Manhole Inspection and Evaluation Services (SW296) IN WITNESS HEREOF, City and Consultant have executed this Agreement, indicating that they have read and understood sane, and indl*cate their full and complete consent to its terms: City of Chula Vista d4 Ivi I B . Mary Casille Salas, Mayor Attest: Donna Dorris, City Clerk Abp as to { fff i .. .. .. r r �n R. Goa ins, Cit Attorney Professional Pipe Services B . Steve Powers, Branch Manager Exhibit List to Agreement: Exhibit A Page 1 -10- 1 � reruaist�r cr� r� sr �r� r 'erveer ra 3 - c. cx 116 of 4 ' . f � Inspection ��r �er � t'V,ocaIMicrosoftWind ��,s e tCa che I Con ten t.0ut1ookU U Z O � 9 .A1 : 15005 Exhibit A To Agreement between I City of Chula Vistas and Professional Pipe Services to Provide Sewer Manhole Inspection and Evaluation Services (SW296) � 1. Effective Date: The Agreement shill take effect upon full execution of the Agreement, as of the effective date stated on page 1 of the Agreement. 2. City-Related Entity: (X) City of Chula Vista., a municipal hart red corporation of the State of California The Chula Vista.Public Financing Authority, ai The Chub.Vista Industrial Development Autbority, a the-+ a [insert business form (City) i . Ply.ce of Business for City: City of Chula.Vista 276 Fourth Avenue Chula Vista, CA 919 10 4. onsult nt+ Professional Pipe Services (FPS) 5. Business Form of Consultant., Sole Proprietorship Partnership (X) Corporation Place of Business, Telephone and Fax Number ofConsultant: 249 S. Paseo Tesoro, } Walnut CA 91789 Telephone: 562-572-8521 Email: Spowers@liswcorp.com Website: .Pro-pipe.eom Page 17 !- { ' ° " Behwen the City o,f Chula Vista sand Professional Ptpe S'et'4ces to Provide Manhole Inspection Ser ees Page 117 ��294 �� sset,Yl amain DatalRoanrar �L 55Ten? �84d475ce-cj 9O-4 e.9-.9car-I)etiO a I) doe .f 5 1 M 15005 3 3 3 i q3 3 7, General Duties: This project includes the inspection and evaluation of sewer manholes to determine the detailed condition and to collect data of every notable feature, defect, or other important information. � The "Inspection shall be completed in a two-step process consisting of: 1-Data Collections and � Data Review, - Deporting, and Delivery. Consultant shall perforin a quality inspection utilizing a digital manhole inspection system that can provide superior imagery and geometric data as compared to traditional methods. 3 3 3 The assessment of sewer manholes shall be completed in accordance with this agreement as described in paragraph 8, Scope of Work and Schedule. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The inspection shall include the following tasks and specifications: Task 1: Data Collection a. The inspection shall be performed with a. 100% digital camera system. Any analog or NTSC video camera will be deemed unacceptable. b. The inspection camera system shall have two independently or simultaneously controlled digital cameras, one facing In the downward direction and another facing in the upward direction. Each camera shall have a minimum of 185 degree field of view. C. The inspection camera system shall illuminate the interior of the manhole using a xenon strobe light. The light shall be positioned 360 degrees around the camera leas to distribute the light evenly onto the structure walls. The lighting must be able to illuminate manholes up to 10 feet (120 1 cbes) in diameter without the need of any auxiliary lighting. Any system not using strobe light technology wi i i I i AN+ ][5005 Task t Data Review, Reporting, and Delivery a+ Consultant shall 'be responsible for reviewing collected data, coding observations, and completing a full MACP evaluation of each inspected manhole. In addition, Consultant shall provide City staff with all the necessary software to have the ability to vier the digital film file in the gray that the Consultant 'I's able to view there, including full control of the vi'dual pan and tilt. b. The digital film files must include an unfolded view of the manhole With a minimum of ,000 lines of vertical resolution. c. The digital film files must include the capability to produce a three dimensional representation of the manhole structure. This data shall be used to perform geometric measurements. This file shall be exportable to common AutoCAD programs for further analysis.. i d. The digital files must 'Include a distortion-free virtual pan and tilt allowing the review of the manhole structure from any angle from any depth. The virtual pan and tilt must be able to view 360 degrees in any direction. The virtual pan and tilt must consist of vies from the top and bottom camera, any virtual pan and tilts that artificially create this view from a single camera will be deemed unacceptable due to distorted 'mages on the direct side vier. e. The virtual pan and tilt and up/down direction of the view must be able to be controlled from a computer mouse. f. The virtual pan and tilt and unfolded views must be able to be viewable -by pity staff without the need of any third party data logging software. . Consultant shall review the film files using MACP certified personnel and shall prioritize the manhole severity based on the MACP total scoring, h. Consultant shall provide the City with a priority list of all the manholes requiring rehabilitation or replacement based.on the MACP total scoring. x. Consultant shall supply the City with two sets of single or dual layer DUDS, a removable hard drive, or other pre-approved media with the data and reports. `. All deliverables shall be delivered to the City within 5 days of completion of fieldwork, i Task Field Supervision and Traffic Control a. Consultant shall provide proper supervision at the ob site during all phases of work and shall be responsible for coordinating the work to be done 'including traffic control. Work could tale place in alley's, yards, parking lots, drainage channels, and major busy streets. The Consultant shall provide copies of all applicable ble licensees and permits for Page l 020-1 o- o TA�se"rsljaniarli,7pgreen the City of Chula Vista and Professional I t e Senn es to Provide Manhole b7spect on.Services Page 119 f 294 C: lvfl,doc A CN: 15005 administering the traffic control and inspecting the sewer manholes as required by the State and the City. i b. Traffic control shall he administered to the satisfaction of the City of Chula vista Traffic Division. Prior to start the manhole inspection, Consultant shall submit typical traffic control plans for approval by the City of Chula vista Traffic Division. Task 4. Marking Manhole Covers of all Inspected Manholes The Consultant shall mark, each manhole cover with a plus Sign (+) with a permanent, weatherproof, and distinctive geen color~ markers to be approved by the City, identify]"ng all manholes that were inspected. The plus sign +) should be no smaller than 4" and no bigger than ", Task 5. Mapping and Billing Maps outlining and listing the inan.holes to be inspected will be provided by the City.. When submitt ing invoices, Consultant shall nark these naps and shall submit log sheets listing identification number of the inspected- manhole, manhole's location, size of manhole, type of manhole wall (concrete or brick), date of inspection, and names of personnel who performed the work. B. Date for Commencement of Consultant Services: (X)Same as Effective Date of Agreement Other: C. Dates or Time Limits for Delivery of Deliverables: Consultant shall complete the Defined Services by Consultant as shown in Section - cope of Work Tasks l to 5 no later than December 30, 2015. D. Date for completion of all Consultant services: December 30,2015. Deliverable No. l: Consultant shall assess 555 manholes as accepted by the City. Deliverable No. : Consultant shall assess 55 5 manholes as accepted by the City. Deliverable No. : Consultant shall assess 555 manholes as accepted by the City. Deliverable No. : Consultant shall assess 557 manholes as accepted by the City. The City may extend the contract for an additional three years, based on a unit cast of 0 per manhole and with an arrrount not to exceed $200,000 per year for Fiscal Years } 2016-17, 2017-18 and 2018-19. . Materials Required to he Supplied by City to Consultant; The City will provide Consultant with neaps outlining and listing the manholes to be inspected. Page 20 2020-10-2ff} o �green the 0 of Chula Vista and Professional Pipe Services to Provide Afanhole I1xs OCHO-Services A : 15005 I I 1 0a Compensation. A. Single Fixed Fee Arrangement. 3 For performance of all of the Defined Services by Consultant as herein required, City shall Pay a single fixed fee in the amounts and at the times or milestones or for the Defiverabl s set forth below+ I Single Fixed Fee Amount: $200,000,payable as follows: I ■ Milestone or Event or Deliverable Amount or Percent of Fixed Fee � 'Deliverable No. 1� as accepted by the Cit % Deliverable No. 2. as accepted by the City 5% Deliverable No. 3, as accepted by the City % Deliverable No. 4, as accepted by the City % 1. hiterirn Monthly Advances. The City shall make 'Interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must he retumed to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit agai Ad- 15005 i . f 1. Interim Monthly Advances. The City shall male interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of eaeh phase only the compensation for that phase has been. paid. Any payments made hereunder shall be considered as interest free loans that mast be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 1 is to be applied to each interim payment such that, at the end of the phase, the furl retention has been held back fronn the compensation due for that phase. Percentage of completion of a phase shall he assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other, person as theity Manager shall designate, but only upon such proof Y iF demanded by the City that has been provided, but n no event shall such interim advance payment be made unless the Consultant shall have represented in Writing that said percentage of completion of the phase has been performed by the Consultant. The practice of ii-iaking interim monthly advances shall not convert this a. r enient to a time and materials basis of payment. C. Hourly Rate AiTan eluent For perfoumance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the late Schedule herein below according to the following terms and conditions* (1) loot-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for including all Materials, and other"reimbursables" (Maximum Compensation). If an occasion arise whereby the City requests work to be done which Ys not listed in this schedule, the price of providing this work shall be negotiated 'in good faith between the City and Consultant. The negotiated price(s) shall not exceed the Schedule of charges labeled as Attachment 'W"; Schedule of Fees-Hourly Rates and Attachment "B"; potholing Services Fee -Schedule attached to this agreement between the City and � Consultant. (2) (X)Limitation without Fw-ffier Authorization onTime and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to (Authorization Limit), Consultant shall not be entitled to Page 22 o - r ' BA2hvee;7 the City c,�Chi(1ca plrsta aj7d Pr o e.ssiol7al Pipe Sen,ices to Provide Map Inspeelio)2 Services �� � � o �ers la Op ori } r��� 4L�, � 'em &d-475ce-d 9O-4 e9-9ccr-bebO2a b .dcc 9 p g p N. 15005 any additional compensation without further authorization issued in writing and approved by the City. Nothing herein sell preclude Consultant from providing additional Services at Consultant's own cost and.expense: See Exhibit B for wage rates; � Hourly rates may increase by % for services rendered after [month], 20 '.f delay in providing si-rices is caused by City4 1. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City sell pay Consultant at the rates or amounts set forth below: (X)None, the compensationincludes all casts. Cost or Rate Reports, not to c reed $ $ Y F fyr■J copies, not to exceed Travel, not to exceed $ $ Printing, not to exceed. Postage, not to exceed $ $ Delivery, not to exceed Outside Services: Other Actual Identifiable Direct Costs: not to exceed not to exceed : 12. Contract Administrators: �.ty+ Jamal Naj i, Associate Civil Engineer City of Chula vista Department of public Works, Engineering Division 276 Fourth Avenue, Bldg. b .la vista, CA 91910 Consultant: Steve Powers Professional Pipe Services (PPS) 249 S. Paseo Tesoro, Walnut CA 91789 "Telephone: 562-572-8521 Email: Spowers@jiswcorp.com Website: www.pro-pipe.com Page 23 ti r een.the Cr' �a Chia f 1sta and Professional Pipe Services to Prop ide Manhole Inspection Scn ices 2+ 20-10- + Yr a Page 1 of 294 seg{, r P a ax ,,iii?g LLQ TetiipI84d475cc-dj9O-4fe9-9earf bebO2aft3bfo.do-C I N-1 15005 1 . Liquidated Damages Rate: per day. Other: 14. Statement of Economic Interests, Consultant Reporting Categories,per Conflict of Interest Code (Chula Vista Municipal Code chapter 2.02).. (X)Not Applicable.Not an FPPC Filer. FPPC Filer Category leo. 1. Investments, sources of income and business interests. I Category 1o. 2. Interests in real property. i Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. Category No. 5. Investments and business positions in business entitles and sources of income that, within the past two years, have contracted with the City of Chula vista ; the City's Redevelopment Agency t prvide services, supplies, Materials, machinery or equipment. Category No. 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the department administering this Agreement to provide services, supplies., materials, machinery or equipment. List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: i r I Page 24 Bet;green the City of Chula Vista a,7d Professional Pipe Services to Provide��lc�nhole Inspection Senn ccs 2020-10- 0TA � i Page 1 f 294 er:s,a a cr PPD,Ia�Roa.niing�L5lTenip�84d475ce 190 ,fie - c, � c f . I I I ACID. 15005 1 . C a nsultant i's Real Estate Broker and/or Salesman 16. Permitted ubconsultants; 1 7. Bill Processing: A. Consultant's Billing to be subini 6 Ited for the following period of lire: (X)Monthly Quarterly Other: B. Day of'the Period for submission of Consultant's Billing: First of the Month 15th Day of each Month (X)Fnd of the Month Other: . City's Account Dumber; 42800-7999/2606296428-100000 18. Security for Performance Performance Bond, Fetter of Credit, Other Security., Type: - Amount: Retention. If this space is checked,then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following lowing"Retention Percentage"or"Retention Amount"'until the City determines that the Retention release Event, listed below,has occurred-. Retention Pereentae. Detention Amount. Retention release Event: Completion of All Consultant Services Other: Other. The retention Amount may be released on a rnonthly basis provided that Consultant has performed said monthly services to the sale satisfaction of the Assistant City Manager/Director of Development Services or his designee. Page 25 T a R ,een tyre City of Chula Vista and Professional Pipe Services to Pro vide Axla hole Inspection�Ser�ices Page � � f C: 294 801s •c�nia n p atalRoai777f7g�LJt etitpt84d475ceRd O-4 9-9caf beb02crfj3bf_doc i A ; 15005 i Page 26 R veon the Ca q Chula vista and Professional Poe Services fo Provide Manhole Inspection S'enlices 2020-1 -2+ .cca �� Page 126 of 2 ��s ate atalRoam l �l e � Wd4 .� i .......... mm Labor Commissioner,State of California Department of Industrial Relations Gavin Newsom,Govemor Division of Labor Standards Enforcement Bureau of Field Enforcement-Public Works p 4 F 7575 Metropolitan Avenue,Suite 210 441 San Diego,CA 92108 War TEL: (619,)767-2033 FAX: 619° 767-2035 _ Y WN. HOFFMAN SOUTHWEST CORP.dba PROFESSIONAL PIPE SERVICE 40 23311 MADERO r" MISSION VIEJO CA 92691 DATE: � �...." ....�"-�....... In Reply Refer to Case No: .........." December 23,20I9 40-68361-34l NOTICE of INVESTIGATION Project Name Project No_ ..... Sewer Manhole Inspection and Evaluation SW296 Prime Contractor HOFFMAN SOUTHWEST CORP.dba PROFESSIONAL PIPE SERVICE Subcontractor You are hereby advised that the Division of Labor Standards Enforcement is commencing an investigation to confirin compliance with the Public Work Laws(California Labor Code,Division 2,Part 7)by the above-named contractor(s). After an investigation, if it is determined that wages and/or penalties are due,a Civil Wage and Penalty Assessment will be issued pursuant to Labor Code section 174 1. STATE LABOR COMMISSIONER BY :ffet* Selene Barillas Industrial Relations Representative W i I (RcYiSW 1/2015) 2020-10-20 Agenda Packet Page 127 of 294 Labor Commissioner,State of California Department of Industrial Relations Gavin Newsom,Governor Division of Labor Standards Enforcement Bureau of Field Enforcement-Public Narks V, !�uR°��� 7575 Metropolitan Avenue,Suite 210 "0 San Diego,CA 92108 � ��, n 91 1 1, go a TEL: 619)767-2033 FAX:1 619" 767-2035 °° � rn l/"". rrvyygr HOFFMAN SOUTHWEST CORP dba PROFESSIONAL PIPE SERVICE 'J'C 23311 MADERO4�raaw' : w�' . MISSION VIEJO CA 92691 MARK THOMAS BUREL DATE: In Reply Refer to Case No: December, rt 29 »»»>m mmmmmm 40-683bl-34I ........ ............m REQUEST FOR PAYROLL RECORDS Project Name s AOF CHULA VISTA 0 Awarding Body Project No. CITY :Sewer Manhole Iaechai�and EvaluaE7yn 5w295 as Prime Contractor HOFFMAN SOUTHWEST CORP.dba PROFESSIONAL PIPE SERVICE Subcontractor ,,,,,,,,,,,�������������������� This letter constitutes a written,statutory request-from the Division of Labor Standards Enforcement(the"Division")for public works payroll information as authorized by Labor Code section 1776. Under that law,and the regulations thereunder found at Title 8 of the California Code of Regulations(hereafter,"8 CCR")sections 16400 and 16401,contractors and subcontractors are required to keep accurate payroll records and to furnish a certified copy-of such records to a representative of the Division upon written request. The required format for furnishing these records to the Division is enclosed herewith(Public works Payroll Reporting Form)known as Form A-1-13 I. The records provided must be"certified,"which means verified by a specified,written declaration made under penalty of perjury. The required words of certification appear on Form A-I-131,and are also found at 8 CCR section 16401(a).Compliance with this request requires that Form A-1-131 be accurately completed and certified. .The Division'may accept an alternative reporting format. However,the Division's acceptance of any alternate format will be conditioned upon a requirement that the alternate format contains all of the information identified on Form A-1-131 and be certified. To obtain credit against the prevailing wage obligation for permissibly Employer Payments described at Labor Code section 1773.1 and S CCR 16040,please also complete and return the enclosed Statement of Employer Payments(Form PW26). Within ten(10)working days from the date of receipt of this request,please submit certified payroll information as described on Form A-1.131 for all workers who were employed by HOFFMAN SOUTHWEST CORP.dba PROFESSIONAL PIPE on the above-identified public works project during the period from the beginning of the project to the end of the project. The information requested must be timely submitted to the address found in the upper left hand corner of this request and to the attention of the Division's representative whose name appears below. Failure to provide this certified payroll information to the Division within ten working days from the date of receipt of this request will subject the contractor or subcontractor identified-above to forfeiture of a penalty of SI00.00 for each cal endar_day,or portion thereof, for each worker,until strict compliance is effectuated,in accordance with Labor Code section 1776(h). In addition to such monetary penalties,Labor Code section 1777.1(c)provides that a contractor or subcontractor may be subject under i specified-circumstances to debarment for not less than one year or more than three years from biding on,.or being awarded or performing as a subcontractor on a public works project. Please be aware that contractors and subcontractors on public works projects may also be required to electronically furnish payroll records directly to the Labor Commissioner,either-monthly or more frequently,pursuant to Labor Code section 1771.4. Note that any such obligation to electronically furnish such records.directly to the Labor Commissioner is separate and distinct from the obligation to timely comply with this written,request,even if the same or similar records may have already been electronically furnished directly to the Labor Commissioner. Timely compliance with this written request for certified payroll information is required by law. STATE LABOR COMMISSIONER By Selene Barillas Industrial Relations Representative 2010 1 d-2 `, en�a Packet Page 128 of 294 .. .............. .......�- __--------- _------ ....yyyy, T. ........ ...... ................................................................................... C? S 1 ■} 4 F - � m««« } �w I-a u+ PAP P. p V � fpr P HWl � i . �r«......... � ......_ ..� ��. . � � xp- _.......... 0 '. �y\ 1�y/'.�Y Irk L�•� fitrf n a �rirv,Y� P4 0 Q 0 0 Q r4 Et fir i ,m PA u g G It oil I 1 r� m 2020-10-20 Agenda P" cket Page 129 of 294 OTICE TO PUBLIC ENTITY:' For Privaev Considerations Told bark along dotter line P11,01;to copvinff for release to general public(private'Persons). Vq Paper ize then 9-1r���� 1� Inches� I. .the tuiders 2ned,am the Manic—print) with the atithority to act four and on 1)ehatf of (Position.Hi tis l'ne-ss ■ cert 1 tui e�,pen, �� �.�ij����� (N-rame of bnsilless alld:'or contt�a ctc n. that the records or ccrples thefeDf stibniied and consistinc of .(D ................. ...�. e s cription,��unib-cr of pc ges) are the'ori D.."*nal s or tr ae.fig , and corre ct copies of tie originals ivhich depict the pa).Toll record(s) of the actual disbursenients by way of cash, check,or xvhatever form to the U'idi i tial or idividita lis named. Date: signatilreiv A pnbfi� entity,may require a stricter andio r��i���.e extensive form��ce���f�cat����. 2020-10-20 Agenda Packet Pais 130 of 294 m ro mmmmmm . Labor Commissioner,State of California Department of Industrial Relations Gavin Newsom,Governor Division of Labor Standards Enforcement Bureau of Field Enforcement-Public Works � A �Fn 7575 Metropolitan Avenue,Suite 210 San Diego,CA 9210$ ,TEL: (619)'767-2033 FAX: (619),767-2035 =uM ` HOFFMAN SOUTHWEST CORP.dba PROFESSIONAL PIPE SERVICE 23311 MADERO � �aM.10,40"', xixixixixuHuuuiun� MISSION VIEJO CA 92691 MARK THOMAS BUREL DATE: In Reply Refer to Case No: December 23 2019 44-58361-341 NOTICE OF APPRENTICESHIP COMPLIANCE mw ��.........w........... Project Name Awarding Body 7,2 roject No. Sewer Manhole ins ectinn and Evaluation 5W296 CITY OF CHULA VISTA Prime Contractor HOFFMAN SOUTHWEST CORP.dba PROFESSIONAL PIPE SERVICE .......................... Subcontractor _ roro u The Division of Labor Standards Enforcement(DLSE)is charged with ensuring compliance with the apprenticeship requirements of Labor Code Section 1777.5 and California Code of Regulations Title 8, §227 et seq. for public works projects. 'Verification of compliance with these requirements is a routine part of DLSE's public works monitoring and investigation. Please submit a response to the allegations above, if any,and the following evidence of compliance with the apprenticeship requirements of Labor Code Section 1777.5 postmarked by January 6,2020 I. DAS 140—Contract Award Information(or equivalent)with proof of submission to all applicahld apprenticeship committees; 2. DAS 142—Request for Dispatch of an Apprentice(or equivalent)with proof of submission to all applicable apprenticeship committees; 3. Accounting and proof of payment of the training fund contributions to California Apprenticeship Council or approved apprenticeship program. Non-compliance will result in civil penalties and/or denial of the right to bid on or receive public works contracts for period of up to three(3)years per California Labor Code Section 1777.7. STATE LABOR COMMISSIONER By & 23a4,-i ffeo,, Selene Barillas Industrial Relations Representative PVL 11A (R 7170 1 3) 2020-10-20 Agenda Packet Page 131 of 294 Statement of Employer Payments b' 23 20 19 In Reply,Refer to Case No: 40-6$36 I-34 I ,. � Date: December : _ �rr.. :� ®�► ,,a.: .. , u HOFFMAN SOUTHWEST CORP. dba PROFESSIONAL PIPE SERVICE Prime: ... ...... ...... _. Subcontractor: ontractor. �� �ewer Manhole-Inspection.. . ... .. and Evaluation SW296 ... -------------- A PROJECT NAME: �. 4 .. ,, r.. ...c g......... .f ...................... ..... .....�.�. �.�.,�.,�.�.... «rrrrrcr �ivun ...ic nrb dMµ �� �� �Ilnll' I PROJECT CONTRACT NO.: County/location•. San Diego HEALTH AND WELFARE NAME OF PLAN Address,City and Zip ADMINI.....................STRATOR Address,Ci and Zi CLASSIFICATION(S)USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS:mmmm mmm WEEKLY MONTHLY QUARTERLY .... ANNUALLY PENSION NAME OF PLAN Address,City and Zip ...................... ....... ADMINISTRATOR Address,City and Zip CLASSIFICATIONS)USED CONTRIBUTION PER CLASSIFICATION PER HOURI CONTRIBUTIONS: . ... ,. .. .. .r __...._................ . __.._aw_ . .... .._....� _ .�.�. , :, __...�..�� ............. WEEKLY MONTHLY QUARTERLY ANNUALLY VACATIONIHOLIDAY NAME OF PLAN --------------------------------.............. --- ----- Address,City and Zip ....... . ADMINISTRA..TOR Address,City and Zip Lr-'.LASSIFICATION(S)USED CONTRIBUTION PER CLASSIFICATION PER HOUR ...... ......... ...... ........ ........ ..... ...... ............. ................................ .................... ... ................. �" IONS: WEEKLY MONTHLY °�� QUARTERLY ANNUALLY TRAINING a 14AMEOF PLAN ......................................... ........................................................................................................................................... Address,-City and-Zip .. ..._ . __....... _. kDMINISTRATOR -Address;City and Zip-, '.'-7LASSIFICATION(S)USED CONTRIBUTION PER CLASSIFICATION PER HOUR . ...... ___ ..... _....... „ .m ...... :,,,,,,,,,,,,, ....... ......... ... _]ONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY F YOU USE OTHER PLANS NOT LISTED ABOVE,YOU MAY USE THE BACK OF THIS FORM TO PROVIDE -'HIS ADDITIONAL INFORMATION MW 26 2020-10-20 Agenda Packet Page 132 of 294 IF STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS - DIVISION OF LABOR STANDARDS ENFORCEMENT CERTIFICATION OF SERVICE BY MAIL (C.C.P. 1013a) OR CERTIFIED MAIL Lea Lopez do hereby certify that I am a resident of or employed in the County of San Diego over 18 years of age, and not a party to the within action, and that I am employed at and my business address is: Division of Labor Standards Enforcement Bureau of Field Enforcement 7575 Metropolitan Drive, Suite 210 San Diego, CA 92108 On December 23,.2019 1 served the within: (1)Notice of Investigation; (2)Request for mwmw.................................... Awarding Body; (3)Request for Payroll Records- (4) Statement of Employer Payments; Information, 9 (5)Public Works Payroll Reporting Form Al-131;and(6)Notice of Apprenticeship Compliance ............... by placing a true copy thereof in an envelope addressed as follows: �HOFFMAN SOUTHWEST CORP. dba CITY OF CHULA VISTA PROFESSIONAL PIPE SERVICE F2EY_ ------------- ------------------------------------ 276 4THAVENUE--------------------------- 23311 MADERO I-------------------------------------- CHULA VIS'TA, CA 91910 -------- MISSION VIEJO CA 92691 ---------------- �Elizabeth Briggs MARK THOMAS BUREL ----------------------------- -------------:------------- Documents I and 2 Documents 19 39 43 5 and 6 only ............ ......---- HOFFMAN SOUTHWEST CORP. dba PROFESSIONAL PIPE SERVICE c/o URTS, EARCH,INC. 1780 BARNES BLVD SW -------------------------------------------------------- ----------------------- -----------------------------------!--------------------- �TUMWATEIWA_98512 ---------------------------- Documents 1, 3, 4, 5 and 6 only and then sealing the envelope and with postage,and certified -mail fees(if applicable)thereon fully prepaid, and then depositing it in-the United States mail in San Diego by: X Ordinary first class mail X Certified mail _j Registered mail .1 certify under penalty of perjury that the foregoing is true and correct Executed on December 23,2019 at San Diego County of San Diego California .......... ...................... SIGNATURE STATE CASE NO. .40-68361-341 PW 84 2020-10-2 Agen&7Va_`cnfet Page 133 of 294 FIRST AMENDMENT ENT T THE AGREEMENT BETWEEN CITY OF CHULA VISTAAND PROFESSIONAL PIPE SERVICES TO PROVIDE SEWER MANHOLE E NSP T N AND EVALUATION SERVICES ( w 6) This First Amendment "First Amendment") to the Agreement Between City Of Chula Vista and Professional Pipe Services to Provide Prevailing Wage Compensation for Sewer Manhole Inspection and Evaluation Services("Agreement")is entered into as of October 20,2020 "Effective Late" with reference to the following facts: WHEREAS, on March 12, 2015, the City advertised the Request for Proposal for sewer manhole inspection and evaluation services as subject to prevailing wage laws; and WHEREAS, after receipt of proposals and prior to executing the Agreement, City determined that the services did not require payment of prevailing wages; and WHEREAS, the service rates in Consultant's proposal were therefore re-negotiated and paid at non-prevailing labor wage rates; and WHEREAS,Consultant has satisfactorily executed its work and performance obligations under the Agreement during the years 2015 through 2019; and WHEREAS, December 2019, the Department of Industrial Relations (LIR) sent a Notice of Investigation (Case Number 40-68361-341) to the Consultant and requested payroll records for the entire Agreement term; and WHEREAS, in response to the DIR investigation, the Consultant issued additional payments to laborers to supplement wages and meet prevailing wage requirements in a total amount of$73,87+x..61; and WHEREAS, the Consultant is requesting reimbursement from..the City; and NOW THEREFORE,in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and.Consultant agree as follows:.. 1. City shall issue payment to Consultant in time amount $73,876.61 based on the increase in labor rates paid by Consultant to comply with time applicable prevailing wage rates as outlined on Exhibit".A"hereto. . After the DIR completes .its investigation and issues findings with regard to Case Number 40-68361-3411 City and Consultant agree to meet-arid-confer in good faith to determine if any further payment from City to Consultant is necessary or appropriate based on those findings of DIR. If the parties so agree that further payment from. City to Consultant is necessary or appropriate,a subsequent written amendment to the Agreement shall be entered into by the parties.. 3. Each party represents that it has full right, poorer and authority to execute this, First Amendment and to perform its obligations hereunder,without the need for any further action under its governing instruments, and the parties executing this First .,Amendment on the behalf of such party are duly authorized agents with authority to do so. Except as expressly amended above,the Agreement will remain unchanged. [Signature page follows.. 2020-10-20.Agenda Packet Page 134 of 294 IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Amendment to be signed by the duty authorized representatives as of the day and year last signed below. City of Chula Vista Hoffman Southwest Corp. dba Professional Pipe Services Name: Name: Title: Title: 2 SW 296 First Amendment Revision Date: 2020-10-20 Agenda Packet Pae 135 of 294 REVISIONS TO EXHIBIT A OF AGREEMENT EXHIBIT A T "105NAL AENTS 10 # DiFFEREN'C E""' INR A E',S, USEI"Dl T", CAL, CULATE'' A"D" 'D T P,A,'",Y' M.], '1,� Av I 's geR,ate,,�, mi 20.40 3,0 8)JO 41.lid,2, ----------------- ----------------------------------- ---------- ------------- ------------- ................................................................ ------------------- 'Prieval,ling,"Wagg', ltate* 48,39 ul ,1,.16 $1 15 P re .................................................................................................................... R ate Difference, 2,831119 3,�,,3, 3 6 -------------------------- ------------------------------------------------------------------- ---------------------------- ,1,,",8'7'6 '.11-11,11,11,............... ...................... Ratv, D'ff x Hours 531,267 20,065 545, Total Amount 730277 t1w, DIR. ve 2020-10-20 Agenda Packet Pane 136 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 2 0,2 0 2 0 File IIS: 20-0225 ,TITS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY of CHULA VISTA AND THE SAN DIEGO STATE UNIVERSITY RESEARCH FOUNDATION RECOMMENDEDT Council adopt the resolution. SUMMARY The San Diego State University Research Foundation (SDSURF) has coordinated with the City of Chula Vista ("City") Traffic Engineering Division to conduct research that develops a roadway safety technology to analyze captured imagery for potential"close call"or" ear miss"incidents that can allow the City to identify intersections where it can proactively make safety improvements. The research covered in the Memorandum n. of Agreement (MOA) would involve installing camera and communications equipment on existing traffic signal poles and cabinets for a limited time at five signalized intersections in the City. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act(CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to ,State CEQA Guidelines Section 15,306 Class 6 (Information Collection), Section 15301. Class 1. (Existing Facilities),and Section 1,5303 class 3 (New Construction or,Conversion of Small Structures)because the proposed project would not result in a significant effect on the environment,create a cumulate 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. DISCUSSION As the City has prioritized facilitating the development and adoption of advanced transportation technologies,especially in the field of traffic safety,Traffic Engineering staff began engaging with SDSURF i recent years to discuss opportunities to facilitate or collaborate on research projects. One such research opportunity that SD URF received grant funding for will further develop image analysis algorithms using anon rmized data to identify signalized intersection locations that may have a potentially higher risk of collisions. In theory,this would allow traffic engineers to proactively investigate and consider implementing safety related improvements to further reduce or prevent future collision from occurring. This would be achieved by evolving the algorithms to observe various aspects of the interactions of road users P 11 2020-10-20.agenda Packet Page 137 of 294 that are occupying the same space at given times. Such technologies have been developed by some firms in the industry; however,thus far,they are relatively limited in the scope of time they monitor a location., To facilitate this effort, the subject MOA would permit SDSURF to install camera and communications equipment at five City traffic signals for the duration of the research effort. At the conclusion of the research, the City and SD,SURF will coordinate subsequent steps and the destination of the installed equipment. DECISION-MAKER C"ONFLIC'Ir Staff has reviewed the property holdings of the City Council members and has found that Councilmember McCann has real property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. However,,to the extent that any decision would have,a reasonably foreseeable financial effect on the,member's real property,the effect would be nominal,inconsequential,or insignificant. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b),this item does not present a real property-related conflict of interest under the Political Reform Act(Cal. Gov't Code§ 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT This effort involves only nominal staff time and effort to coordinate and oversee the installation, operation, and eventual removal of the temporary camera and communications equipment. The costs of such efforts will be funded from existing projects that are part of the FY2020/21 Capital Improvement Program budget. ONGOING FISCAL IMPAC oil None. Al"TACHMENTS 1. Memorandum of Agreement Staff Contact:Paul Oberbauer,Senior Civil Eng,ineer P 2 2020-10-20 Agenda Packet Page 138 of 294 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOLA VISTA APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF' CHOLA VISTA AND THE SAN DIEGO STATE UNIVERSITY RESEARCH FOUNDATION WHEREAS, the City of Chula Vista (City) has prioritized development and adoption of innovative transportation technologies, especially those pertaining to traffic safety; and WHEREAS,the City and the San Diego State University Research Foundation (SDSURF) have coordinated to determine opportunities for transportation technology research; and WHEREASI SDSURF proposes to install temporary camera and communications equipment ("Temporary Equipment") at five City intersections to develop an image analysis technology to proactively identify areas of higher risk to road user safety; and WHEREASI the City and SDSURF have negotiated a Memorandum of Agreement to set the terms and conditions of the management and operation of the Temporary Equipment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Memorandum of Agreement Between the City of Chula Vista and San Diego State Research Foundation, in the form presented, with such minor modifications as may 'be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. Presented by Approved as, to form by William S. Valle Glen R. Googins Director of Engineering & City Attorney Capital Projects 2020-10-20 Agenda Packet Page 139 of 294 Final 9/2/2020 MEMORANDUM of AGREEMENT BETWEEN 'THE CITY of CHULA VISTA CALIFORNIA. AND SAN DIEGO STATE UNIVERSITY RESEARCH FOUNDATION This Memorandum orandum ofAgreement("Agreement") is between San Diego State University Research. Foundation ereina ter referred to as SDSURF a non-profit corporation under the laws of the State of California, in the City of San Diego, located at 5250 Campanile Drive, San Diego, CSA 92182 and the City of Chula "Nista, a chartered municipal corporation., located at 276 Fourth .Avenue, Chula 'Nista, CA. 91910 hereinafter referredd to as "City." SDSURF and City may be referred to herein individually as a"Party" or collectively as the "Parties". RECITALS WHEREAS, SDSURF is an auxiliary organization chartered to further the educational, research and community service objectives of San Diego State University, and; WHEREAS, the University Transportation.Center(hereinafter referred to as "UTC"') is a program of the SDSURF that has grant funding to conduct research on transportation engineering, and; WHEREAS, SDSURF proposed to City to utilize City infrastructure to collect and transmit observations and data to UTC's facilities for analysis at no cost to the City; and WHEREAS, SDSURF will furnish its own equipment while utilizing certain City infrastructure with City's approval; and WHEREAS, SDSURF"s findings will provide the City with valuable insights into pedestrian, bicycle, and vehicular operations at representative intersections in the City; and WHEREAS, SDSURF represents to the best of its ability that it is experienced and staffed in a manner such that it can conduct the proposed research in accordance with the time frames and the terms and conditions of this Agreement. NOW, THEREFORE in consideration of the specific responsibilities, budget considerations, fees and agreements contained herein, it is mutually agreed by and between the respective parties as follows l.. Aueements by of the Parties.- a. arties,a. SDSURF shall be solely responsible for the installation,maintenance,removal, and operation of video cameras and other required equipment and collection of data at traffic intersection locations approved by City ("ResearchEquipment"), in advance and in writing, at its sole discretion. The video cameras and any other required equipment will be placed only in the location(s)approved by City and will be maintained in good condition at all times during the term of this Agreement. lir. Arash Jahan,giri will serve as D U F's project director for the research activities conducted under this Agreement. 2020-10-20 Agenda Packet Page 140 of 294 Final 9/2/2020 b. SDSURF agrees to the best of its ability that the research outlined in Exhibit A 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. c. SDSURF shall comply with any and all applicable federal, state, and local laws, including the Chula Vista Municipal Code. d. SDSURF shall obtain all permits, at no cost, required by City for the installation, maintenance, removal, and operation of the Research Equipment. e. City shall, at no cost to SDSURF, allow SD SURF' personnel reasonable access to approved traffic intersections for the purpose of installation, maintenance, removal, or operation of Research Equipment and data collection as, approved by City; provided, that, nothing contained herein shall require City to provide SDSURF access to any approved intersection in the event of an emergency or other event or circumstance that City determines,, in City's sole discretion, would compromise, in any way, the provision of municipal services by City. f. City shall endeavor to provide 15 days written notification to SDSURF prior to the start of construction or work that may impact data collection. Notice shall be provided to SDSURF Principal Investigator, Dr. Arash Jahangiri by email to ajahangiri La-)sd.su.edu. 2. Effective Dates and Termination:. a. Unless sooner terminated as provided herein, this Agreement shall continue in full force and effect from September 14, 2020 through September 13, 2023,, unless otherwise stipulated in writing, or terminated as specified in Paragraph 2(b), or Paragraph 2(c), below. b. This Agreement may be terminated at any time upon mutual written agreement between the Parties. c. City may also suspend or terminate this Agreement at any time and for any reason, with or without cause,,by giving specific written notice to SDSURF of such termination or suspension at least fifteen (15) days prior to the effective date thereof. on receipt of such notice, SDSURF shall immediately cease all work under the Agreement. City shall remove Research Equipment installed on. City infrastructure and shall return the Research Equipment to SDSURF within thirty (30) days of the date of City's notice of termination. 0 I Indemnification, a. General. To the maximum extent allowed by law, SDSURF shall, protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, "Indemnified Parties"), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys' fees and court 2 2020-10-20 Agenda Packet Pale 141 of 294 Final 9/2/2020 costs), liability, loss, damage or injury, in lav 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 SDSURF, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of this Agreement. SDSURF's obligations under this section shall include liability arising from, connected y y passive negligent acts or omissions pit cause or claimed e to e cause the active or of the Indemnified Parties which may be in combination ,with the active or passive negligent acts or omissions of the SDSURF, its employees, agents or officers, or any third party. 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. b. Costs of Defense and Award. Included in SDSURF's obligations under this Section is SDSURF's obligation to defend,. at SDSURF'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 3, SDSURF 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 there. c. obligations Not Limited or Modified. SDSURF's obligations under this Section 3 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the SDSURF. Furt ermore, SDSURF's obligations under this Section 3 shall in no way limit, modify or excuse any ofSDSURF's other obligations or duties under this Agreement. d. Enforcement Costs. SDSURF agrees to pay any and all costs City incurs in. enforcing SDSURF's obligations under this Section 3. e. Survival. SDSURF's obligations under this Section 3 shall survive the termination. of this Agreement. Insurance. SDSURF shall agree to provide at its sole cost and expense, coverage for its activities in connection with this iS Agreerrert by maintaining in full force and effect programs o insurance and/or self-insurance as follows: a. Commercial General Liability insurance providing coverage against claims for Bodily Injury or Death, and Property Damage. Such insurance shall provide protection to the limit of not less than $1,000,000 combined single limit for Bodily Injury and Property Damage. b. Workers' Compensation insurance statutory coverage including Employers Liability with limits of not less than $1,000,000. C. Automobile Liabilitywith limits not less than 1,000,000 each occurrence,combined single limit for Bodily injury and Property Damage, including coverage for owned, non-owned and hired vehicles.. SDSURF agrees to provide City all required certificates of insurance naming City, its officers, officials, employees, agents, and volunteers as an additional insureds with respect to work being performed under this Agreement. SDSURF and City agree that the specified coverage or limits of insurance in no way limit the liability of the City. SDSURF shall notify City at least thirty 30days prior to cancellation or 3 2020-10-20 Agenda Packet Page 142 of 294 Final 9/2/2020 non-renewal of any such insurance. 5. Ownership and Use of Work Product. All reports, studies, information, data, statistics, forms,designs,plans,procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively "Work Product"), shall be the sole and exclusive property of SDSURF. City shall have the non-exclusive right to publish, disclose, distribute, and otherwise use, in whole or in part, any such Work Product, for City's non-commercial government purposes without requiring any permission of SDSURF, 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, SDSURF shall make available to City,upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 6. Amendment: This Agreement may be amended, but only in writing signed by both Parties. 7. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. a, 8. Administrative Claims Reguirements and Procedures. Claims shall be addressed in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, SDSURF shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. In witness whereof, the authorized representatives of the parties have executed this Agreement effective on the date of final signature below by and between SI)SU Research Foundation and the City of Chula Vista. City of Chula Vista: ST SU Research Foundation: Maria Kachadoorian Renee Lechner City Manager Director, Sponsored Research Administration Date.- Date 4 2020-10-20 Agenda Packet Page 143 of 294 Final 9/2/2020 Exhibit A Description of Research to be Conducted Transportation safety planning challenges in the era of smart cities entail understanding safety impacts from disruptive technologies, measuring the effectiveness of safety countermeasures, proactively identifying high crash risk locations, etc. Recent advancement in communication technologies and big data analytics enables us to deal with these challenges in a computationally efficient way. Traditional transportation management centers (Tl'Cs have limited capability to utilize large amounts of data to properly evaluate transportation safety. The goal of this project is to develop an intelligent transportation management center(ITMC that adopts automated video data analysis to evaluate safety. The proposed ITMC demonstrates how intelligent transportation systems (ITS) technologies and big data analytics can be utilized to proactively assess transportation safety at signalized intersections. Conventional methods of traffic safety risk assessment at signalized intersections, measured by number of roadway crashes per unit of exposure, would require a long observation time as crashes are rare events. The proposed ITMC adopts safety surrogate measures (SSTls) to identify near crash situations that can be applied in proactive risk calculations. To tackle the big data problem, the proposed ITMC will adopt disruptive technologies that perform machine learning in situ to detect road users in real-time. Known as inferencing at the edge, these technologies allow one to perform computationally intensive artificial intelligence (AI) calculations on the device without needing to transfer streaming video to a centralized facility to perform calculations. The ITMC will create a testbed that can be used by students, faculty, public agencies, and industry to develop solutions to many transportation safety problems as well as mobility and environment problems in a long term. For instance, exposure data, is an essential part of safety risk assessments. However, most existing bicycle and pedestrian networks are not equipped to routinely collect count data,, such as is typically collected for vehicular networks (e.g., via loop detectors). Given this lack of exposure data, local agency staff are not able to accurately assess which facilities are in highest need of improvement. The ITMC will provide an opportunity to obtain exposure data for all road users from video data to support estimation of traffic volumes. ITMC can also be adopted to understand safety impacts of disruptive technologies and measure the effectiveness of safety countermeasures. Results from proactive safety analysis before and after implementing a countermeasure or adopting a new technology can reveal the safety benefits. The research team has identified 5 intersections in the city of Chula Vista as suggested by the city staff. The team will instrument these intersections with cameras (and potentially with connected vehicle technology) and radio antennas with capability of collecting video data and transferring it to SDSU. These intersections are presented in Figure 1. 5 2020-10-20 Agenda Packet Page 144 of 294 Final 9/2/2020 Vnp S �p �Ivl Apat'ti Bar ean,"; %45ffII pp 117 11U rr ar A— I Tap�a Vista Ct':'�t-�Ier B I i '7111 yy yr 110 FiguIre 1 Selected inte,rsection locations,in the city of Chula Vista The project team will adopt two approaches to develop the ITMC: (1) a centralized system that collects data from all intersections and transfers data to a central location at SSU. Data analyses will be conducted in the central location; (2), a distributed system that provides the capability to each individual intersection for analyzing data in situ. This approach deals with big data problem by assigning data analysis tasks to individual intersection infrastructure instead of transferring large video files to a central location, which is, costly especially in a large road network. The team will design, implement, and fabricate in situ field-programmable gate array (FPGA)-based inferencing systems that can be placed at selected intersections to perform real-time, local object detection and classification, which will contribute to safety surrogate measure analysis. The two approaches will be compared to identify advantages and disadvantages. In addition, a video wall will be built in the SDSU Smart Transportation Analytics Research (STAID) lab for reviewing video streams and data visualization. 6 2020-10-20 Agenda Packet Pale 145 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 20,202,0 File IO: 20-0402 „MITI RESOLUTION OF THE CITY COUNCIL OF SHE CITY OF CH LA VISTA ACCEPTING $179,097 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUNIS FOR THE STATE HOMELAND SECURITY PROGRAM (4/5 VOTE REQUIRED) RECOMMENDEDT Council adopt the resolution. SUMMARY The San Diego Office of Emergency Services,who administers the State Homeland Security Program (SHSP), has notified the Cite of Chula Vista of fiscal year 2019 SHSP funding. The State Homeland Security Program is designed to improve domestic terrorism preparedness of state and local governments by addressing equipment,training, exercises and planning needs. 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 15378 of the State CEC A Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.. Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE, Not applicable. DISCUSSION The fiscal year 2019 State Homeland Security Program SHSP° provides funding for the continued development of readiness and operational response capacity of emergency first personnel. Funds allocated by the fiscal year 2019 SHSP will allow the Police and Fire Departments to purchase equipment that will complement existing equipment configurations,as well as enhance the City's emergency Operations Center OC). SHSP grant administrators from. the California Governor's Office of Emergency Services (Cal OFS),:have approved the expenditure plan ofequipment,planning,organization,exercise,and training needs of the City. The spending plan was submitted in advance of funding approval in accordance with grant requirements. Grant funds are restricted in homer they can be spent and cannot supplant normal budgetary items for the City. The specific spending plan is as follows: 1 . 0 0 1 P Ii1 2020-10-20.agenda Packet Pale 146 of 294 Equipment The fiscal year 2,019 SHSP funds will be used to purchase equipment in the amount of$144,097 that will be used by the City's first responders and Emergency operations Center (EOC) personnel. Equipment funds have been allocated to purchase technical upgrades to the mobile command vehicle for the Police Department and various equipment and technical upgrades for the EOC by the Fire Department. Emergency Services Coordinator Fiscal year 2019 SHSP funds in the amount of$35,000 will be used for a portion of the personnel costs of the Emergency Services Coordinator. Emergency Management Performance Grant (EMP! ) funds have, already been identified for the remaining costs of the Emergency Services Coordinator. This position will work on improvements and updates to local emergency plans to coincide with the County's plans, as well as ensure that EOC personnel are ready and prepared when a disaster strikes. The Emergency Services Coordinator will also organize and coordinate the Community Emergency ResponseTeam (CERT) during emergency situations. DECISION-MAKER CONFLICT" Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter'. CURREN"I",-YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of$144,097 to the supplies & services category & $35,000 to the personnel category of the Federal Grants Fund. The funding from the U.S. Department of Homeland Security will completely offset these costs. Therefore,there is no net fiscal impact to the City. ONGOING FISCAL IMPAC oil There is no ongoing fiscal impact for accepting these grant funds. ATTACHMENTS None. Staff Contact:Maritza Vargas,Finance Department P 2 2020-10-20 Agenda Packet Page 147 of 294 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF CHULA VISTA ACCEPTING G 1""79,09 7 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRAI' TS FUND FOR THE STATE HOMELAND SECURITY PROGRAM WHEREAS, the San Diego Office of Emergency Services, which administers the State Homeland Security Program (SHSP), has notified the City of fiscal year 2019 SIISP funding; and WHEREAS,,EREAS, the State Homeland Security" Program is designed to improve domestic terrorism preparedness of state and local governments by addressing equipment, training, exercises and planning needs; and WHEREAS, grant funds from the State Homeland Security Program are restricted in haw they can be spent and cannot supplant normal budgetary items for the City; and WHEREAS, the fiscal year 20�19 SHSP funds will be used for personnel and equipment by both the Fire & Police Departments. NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $179,097 from the U.S. Department of Homeland Security and appropriates said funds to the Federal Grants Fund for the State Homeland Security Program, as follows: 144,097 to the supplies and services category and $35,000 to the personnel category. Presented.by Approved as to farm by David Bilby Glen R. Gaagins Director of Finance/Treasurer City.Attorney 2020-10-20 Agenda Packet Pale 148 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 2 0,2020 File IU: 201-0422 ,TITS RESOLUTION OF TETE CITY COUNCIL of TETE CITY OF CHULA VISTA ACCEPTING $459,000, FROM THE CALIFORNIA OFFICE of TRAFFIC SAFETY AND APPROPRIATING $376,400 To THE POLICE GRANTS SECTION of THE FEDERAL GRANTS FUND FOR THE SELECTIVE TRAFFIC ENFORCEMENT' PROGRAM ,/5 VOTE REQUIRED) ACTIONRECOMMENDED Council adopt the resolution. SUMMARY The California Office of Traffic Safety has awarded$459,000 to the Police Department for the Selective Traffic Enforcement Program. The goal of this program is to reduce the number of persons billed and injured in traffic crashes involving alcohol and other primary collisions factors. ENVIRONMENTAL REVIEW The activity is not a "Project" as defined under Section 15370 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE Not applicable. DISCUSSION The California Office of Traffic Safety's (OTS) mission is to effectively and efficiently administer traffic safety grant funds to reduce traffic deaths,injuries,and economic losses. The Police Department has been awarded various OTS grants, including the Serious Traffic Offenders Program (STOP), Comprehensive Traffic Safety Programa., DUI Enforcement Program., and Selective. Traffic Enforcement Program (STEP), which :have enhanced the Traffic Unit by funding new positions,traffic enforcement operations and supplies/equipment used during,traffic enforcement operations. The Police Department has received funding from, the California Office of Traffic Safety for the Selective Traffic Enforcement Program... Throughout the orae-year grant period (10/x../2020 to 9/30/2021), traffic enforcement operations will be conducted on an overtime basis. Grant-funded operations include 1 . 0 0 1 P IiI 1 2020-10-20 Agenda Packet Page 149 of 294 DUI/driver license checkpoints, DUI saturation patrols and collaborative DUI enforcement to reduce the number of persons killed or injured in alcohol-involved collisions. Distracted driving operations will focus on drivers using hand-held cell phones,and texting. Other traffic enforcement operations include motorcycle safety enforcement operations and bicycle and pedestrian enforcement operations. Additionally, traffic safety educational presentations will be conducted throughout the grant period,with a goal to reach out to community members,on the topics of distracted driving,DUI,speed,bicycle and pedestrian safety,seatbelts and child passenger safety., Funds provided by this grant will also be utilized for training, checkpoint supplies used during the traffic operations,a DUI trailer and crash data retrieval software. 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.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 IMPACI 11 Approval of this resolution will result in the acceptance of$459,000 of'grant funding from the California Office of Traffic Safety. Since the grant period crosses between two fiscal years, $376,400 will be appropriated to the fiscal year 2020/2021 budget and $82,600 will be included in the proposed fiscal year ;2021/'202.2 budget. Specifically,for the current year budget,$330,398 will be appropriated to the personnel category, $16,002 to the supplies and services category, and $30,000 to the other capital category of the Police Grants Section of the Federal Grants Fund. The funding from the California Office of Traffic Safety will completely offset the costs of the Selective Traffic Enforcement Program,resulting in no net fiscal impact. ONGOING FISCAL IMPAC oil There is no ongoing fiscal impact for accepting these grant funds. ATTACHMENTS None. Staff Contact:Beverly Sturk,Police Department P 2 2020-10-20 Agenda Packet Page 150 of 294 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF CI-ULA VISTA ACCEPTING $459,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $376,400 TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM WHEREAS, the Police Department has leen awarded $459,000 grant funding from the California Office of Traffic Safety for the Selective Traffic Enforcement Program, and WHEREAS,the goal of the Selective Traffic Enforcement Program is to reduce the number of persons killed or injured in traffic crashes involving alcohol and other primary collision factors; and. WHEREAS, throughout the one-year grant period of October 1, 2020 to September 30, 2021, DUI/driver license checkpoints, LETT saturation patrols, distracted driving operations, motorcycle safety operations, bicycle/pedestrian operations and other traffic enforcement operations will be conducted on an overtime basis, and WHEREAS, funds provided by this grant will also be utilized for training, checkpoint supplies used during the traffic operations, a traffic trailer and crash data retrieval software; and. WHEREAS, the grant funds provided by the California Office of Traffic Safety will completely offset the total costs of this program. NOW,THEREFORE,BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $459,000 from. the California Office of Traffic Safety and. appropriate $330,3 to the personnel category, $16,002 to the supplies and services category and $30,000 to the capital category of the Police Grants Section of the Federal Grants Fund for the Selective Traffic Enforcement t Program. Presented.by Approved as to form by Roxana Kennedy Glen R. Googin.s Chief of Police City Attorney 2020-10-20 Agenda Packet Page 151 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 20,202,0 File IU: 20-0430 ,TITS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CSI LA VISTA APPROVING THE AMENDED MEASURE A PUBLIC SAFETY EXPENDITURE PLAN TO ADD ONE PUBLIC INFORMATION SPECIALIST AND ONE INFORMATION TECHNOLOGY TECHNICIAN ANIS AMENDING THE FISCAL YEAR 2020/21 EXPENDITURE BUDGET FOR THE MEASURE A SALES TAX FUND TO FUND SUCH POSITIONS FROM MEASURE A - POLICE DEPARTMENT AVAILABLE FUND BALANCE (4/5 VOTE REQUIRED) ACTIONRECOMMENDED Council adopt the resolution. SUMMARY On February 13, 2018, the City Council accepted the recommendations of the Public Safety Advisory Committee to adopt the Intended Public Safety Expenditure Plan PSEP . The PSEP presented the intended expenditures of approximately 1 per year if a half-cent general sales tax measure passed.The intended playa was a guide on how the funds could be allocated based on the critical needs identified by the Police and Fire Departments.The plan also assumed that both the Police Department and Fire Department would each be allocated, through the budget process, approximately 9M annually from the sales tax, with the goal of' addressing public safety understaffing and improving response times. On.June 5, 2018,the People of the City of Chula Vista approved Measure A authorizing a one-half cent sales tax on retail sales within the City. The collection oft e Sales tax began on October 1., 2018. On December 18, 2018, the City Council approved resolutions amending the Measure A Public Safety Expenditure Plan; and amending the Fiscal Year 2019 Operating Budget; adding authorized staffing of various City departments; and approving a Side letter between the City of Chula Vista and International Association of Fire Fighters, Focal 2180 (IAFF). On June 4, 20,19, the City Council adopted the Fiscal Year 2020 Proposed Budget that established the Leasure A appropriations and adding authorized Staffing of various City departments. On June 18, 2019, the City Council approved a resolution amending ding the Measure A PSEP; updating Measure A sales tax revenue assumptions; staffing, changes for both the Police and Fire departments, and updated expenditures. 1 . 0 0 1 P Ii1 2020-10-20.agenda Packet Page 152 of 294 On June 9, 20 O, the City Council adopted the Fiscal Year 2,0 2,1 Proposed Budget that established the Measure,A appropriations and adding authorized staffing of various City departments. On August 25,2020,City Council approved a resolution amending the Measure A PSEP to move up the hiring of six Peace,Officers to Fiscal Year 2021. ENVIRONMENTAL REVIEW The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State, Guidelines Section 15060 c)(3) no environmental review is required. BOARD/COMMISSION/COMMI'TTEE RECOMMENDATION During its regular meeting held on October 8, 2020, the Measure A Citizens' Oversight Committee (COC) recommended City Council approval of adding one Public Information Specialist and one Information Technology Technician to the Public Safety Expenditure Plan. The COC voted 5-3 in favor of Measure A funding for the two positions in the Police Department. DISCUSSION With the successful passage of the Measure A Sales Tax, staff is moving forward with implementation of the Public Safety Expenditure Plan (PSEP). At this time, the Police Department is requesting to approve modifications to the PEP to meet ongoing or emerging staffing needs. Public Information Specialist Between 2004-2011 the Police Department maintained a position for a Public Information Officer (PIO) to plan, direct, organize and coordinate public information and public relations programs for the Police Department.The position has been vacant since staffing was reduced during the Great Recession. Since that time, the responsibilities of the Public information Officer have been handled by a Police Lieutenant as a secondary,, collateral assignment. Secondary assignments are common throughout the organization, but the level of impacts of secondary assignments can vary widely. 'The Lieutenant handling PIO duties is assigned to a full-time responsibility managing the Criminal Investigations Division,consisting of three separate detective units that comprise a total of 43 individual employees. Over the years as social media has evolved and public expectation for engagement and transparency has grown,so too have the responsibilities managed by the collateral PIO. Recent information indicates that PIO responsibilities take, on average, 18,-hours per week of the Police Lieutenant's time (nearly 50%). This is a significant drain on the ability to manage the investigative operations of the Police Department, a crucial component to identifying,arresting,and prosecuting criminal offenders. In addition, the emergence of social media has changed the landscape for traditional medial and the increasing expectations for information transparency and speed have increased pressure on limited police staffing. The need for a traditional PIO has been replaced by the needs for proactive public outreach engagement and social media engagement. P 2 2020-10-20 Agenda Packet Page 153 of 294 The President's Task Force on 21st Century Policing calls on law enforcement agencies to adopt technology- based community engagement to increase community trust and access.The report highlights the value in the use of new and social media as a means of community interaction and relationship building,which can result in stronger law enforcement.Community engagement,the report concludes,must be responsive and current. "False or incorrect statements made via social media, mainstream media, and other means of technology," the report concludes, "Deeply harm trust and legitimacy and can only be overcome with targeted and continuing community engagement and repeated positive interaction."' The technical requirements of modern police,-community engagement and communication call for a collection of backgrounds and experiences for successful integration into the Police Department's mission. Consider, for example, the unique knowledge described by one nationally recognized expert 2 in modern police information strategies: • Digital Risk Manager: Know how to message and respond to the public in times of crisis; Know how to discern between rumor and fact and ensure the community does too. • Graphic Designer: Know how to brand an agency and tell its story in a visually compelling—and professional—way; two the extra mile to get that perfect shot. • Audio/Visual Coordinator: If a picture is worth a thousand words, a video is worth a million. Know how to effectively tell a story in the most consumable way—through video. • Customer Service: now that every conversation,every question,and every concern matters; Be available when communities are looking for answers and provide those answers with courtesy and kindness. • Social Media Expert: Understand how people want to communicate today — and tomorrow and be willing to test out features to see what will be the next best way to connect with their communities. The complex role of a modern information specialist suggests the need for some qualities not easily found in the traditional policing organizatio,n3.They include: • Experience or education in media relation, communications,and marketing; • Some knowledge of newsroom operations and/or social media practices and audience engagement strategies; • Comfort in front of a camera and other oral communication platforms,whether traditional media or live streaming, stemming from practice and experience that helps project believability and confidence; • Some proficiency in photography and/or videography, coupled with photo editing and video production techniques; President's Task Force on 21st Century Policing.2015. Final Report of the President's Task Force on 21st Century Policing. Washington, DC:Office of Community Oriented Policing Services. Extracted from https://cops.usdoi.gov/pdf/taskforce/taskforce finalreport.pdf 2 Extracted from Katie Nelson, "What Does a Social Media Manager Do?"' Linkedln,April 28, 2019. 1 Chris Hsiung, "Sworn vs. Civilian PlOs:Adapting the Role of the Public Information Officer for 21st Century Law Enforcement," Police Chief 86, no.8(August 2019):46-54. P 3 2020-10-20 Agenda Packet Page 154 of 294 • Knowledge or experience in communication strategies, branding and/or marketing strategies; and • Time to dedicate to the role, without the need for Department-mandated position rotation, to understand and leverage the nuances that exist between traditional and social media platforms. Yet there is still value in maintaining sworn law enforcement experience in the public engagement strategy. Education and experience specific to sworn personnel, such as the police academy or the experience of' working a field patrol assignment, are valuable in providing context on any information released to the public. Having uniformed representatives can help increase the appearance of trust and official representation.The knowledge of an experienced manager during times of crises helps enhance the sharing of public information. In short, as quoted by Mountain View Police P,10 Deputy Chief Chris Hsiung, "Experienced sworn PlOs are a built-in subject matter expert on all things 'police."'4 Although the Police Department has operated with a collateral sworn PICS since 2011, the evolution of our community's needs and expectations suggest that this limited strategy leaves the Department and its personnel at great risk. As evidenced by several high-profile events across the nation, critical incidents require a rapid, professional and transparent information strategy to answer public and media inquiries. Failure to provide timely and factual information that addresses public concerns, and that stays ahead of rumor or misinformation,can have drastic consequences for the safety of community and for its trust in the agency.This can lead to unrest in the community,reduced effectiveness of the agency,and increased risk to the City and its employees. Yet it is these same circumstances that require the full attention of an Investigations Division manager (the Police Lieutenant), who must manage the division to ensure that demands for an objective and comprehensive investigation are met. Without additional support, the requirements of' the Investigation Division leave little time for the critical role of providing public information and public engagement. For these reasons the Police Department intends to supplement the existing sworn PID with civilian support. We anticipate that the supporting role will greatly reduce P10-related workload from the Police Lieutenant by coordinating publicity,outreach and public education efforts in order to promote a positive image for the Chula Vista Police Department and ensure citizens are informed about police related services,programs and events. The support role is not anticipated to serve as the "face" of the Police Department - that role will remain with the Department's designated P10. To meet these needs,the Police Department intends to add a Public Information Specialist position to work under the direction of the existing collateral PID personnel. This allows the department to expand and enhance transparency and engagement strategies within the modern landscape of digital media, maintain the crucial involvement of sworn staff to put police matters into proper context, and free some workload from sworn staff so that they can focus more on their primary crime fighting responsibilities. 4 Chris Hsiung, "Sworn vs. Civilian PlOs:Adapting the Role of the Public Information Officer for 21st Century Law Enforcement," Police Chief 86, no.8(August 2019):46-54. Page 4 2020-10-20 Agenda Packet Page 155 of 294 Information'Technology Technician For many years,the Police Department has been successful at leveraging technological innovations to boost efficiency and effectiveness. The Police "Technology Unit is the sole unit responsible for the development, implementation, and ongoing management and support of beth basic technical resources and innovative technical programs. The Police Technology Unit maintains a wide breadth of specialized equipment and systems supporting the public safety mission. The unit, for example, is responsible for managing and maintaining critical systems related to our 9-1-1 and Computer Aided Dispatching systems,mobile computing and smartphone systems, our Live 9-1-1 system, and our Drone as a First Responder program. These programs not only boost efficiency,they also enhance de-escalation capabilities and keep the community safe.. Most of these systems are critical, complex and require the attention of specialized skills and experienced police technology specialists to maintain., troubleshoot and deploy. These demands often pull these more senior technologists away from the less complex and more common systems such as PC and peripheral. deployment and maintenance as well as traditional office productivity support needs that occur. When these more-common office support needs are not serviced in a timely manner, they quickly become increasingly impactful to department operations and commitments to other agencies, the courts and the public that we serve. The Police Department requires aless specialized information technology role to have as their primary focus, these daily traditional office productivity and IT operations assistance to address avariety of less specialized yet essential activities such as user login problems,provisioning new accounts, managing printing services, software requests,new computer deployments, email problems,internet problems,and.more. For these reasons, staff recommends the addition of a first-tier support position to provide non-specialized user technical support needs 1.0 Information Technology Technician Summary of Proposed Changes: To address the evolving needs to the community and the growing policing organization, staff recommends the addition of positions designed to enhance efficiency through technical innovation., and to enhance engagement and transparency with our community.'These include: 1.0 Information Technology Technician �► 1.0 Public Information Specialist The chart below outlines the Police Department's proposed changes (highlighted in yellow) to the P EP. Proposed Police Department Public Safety Expenditure Plan Position FY19 FY20 FY21 FY22 F'Y2,3 Total POLICE SERGEANT 3.0 2.0 1.0 6.0 POLICE AGENT 1.0 2.0 3.0 2.0 8.0 PEACE OFFICER 4.0 6.0 11.0 21..0 P 15 2020-10-20.agenda Packet Page 156 of 294 SWORN FTE TOTAL 5.0 11.0 16.0 3.0 0.0 35. CIVILIAN BACKGROUND INVESTIGATOR 1.0 1.01 COMMUNICATIONS CENTER MANAGER 1.0 1.01 COMMUNITY SERVICE OFFICER 2.O 2.0 DIGITAL FORENSICS TECHNICIAN 11 2.O 2.0 INFORMATION TECHNOLOGY TECHNICIAN 1.0 1.0 POLICE DISPATCHER 2.0 5.O 7.0 PUBLIC INFORMATION SPECIALIST 1.0 1.0 SR. POLICE TECHNOLOGY SPECIALIST 1.0 1.0 CIVILIAN FTE TOTAL 4.0 10.0 2.0 0.0 0.0 16.0 POLICE DEPARTMENT TOTAL 9.0 2,1.0 18.0 3.0 0.0 51.0 The Police Department recognizes that current community demands, safety strategies, and staffing needs will likely change in the future. 'The Police Department also recognizes that revenues and expenses used to calculate current allocation plans may change in the future. PSEP recommendations for, future years will continue to be reevaluated,balanced against changes in revenue or expenditure projections,and considered along with changing public safety trends and community needs. As a result, this Public Safety Expenditure Plan is intended to be a"living document". Future recommendations may change. MEASURE A POSITION ADJUSTMENTS The following table represents the proposed position count amendments for Fiscal Year 2021 related to the proposed actions. The Measure A Fund will see a net increase of 2.00 FTEs for the Police Department. Department Fund Position.Title FTE Information Technology 1 Technician Police Department Measure A Public Information Specialist 1 Net Position Increase for Police Department 2 I I ISION­,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§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. P �3ge 6 2020-10-20 Agenda Packet Pale 157 of 294 CURRENT-YEAR FISCAL IMPACT Approval of the resolution will add one (1) Information Technology Technician and one (1) Public Information Specialist to the Police Department section of the Measure A fund and amend the fiscal year 2020-2021 expenditure budget in the Measure A fund as indicated in the table below. Category Current Budget Updated FY21 Budget Amendments F 1 Budget Revenue from Other Agencies $125,000 $125,000 Transfers In $10,010,000 $10,0101000 REVENUE TOTAL $10,135►,00 10,p135,p000 Personnel Expenses $7,,649,.967 $147,.267 $7,397.1234 Supplies &Services $525.,737 $525,337 Other Expenses $375.375 $375,375 Capital $189.,233 $189,.233 Internal Service Charges $30,367 $301,367 EXPENSE TOTAL $8.v7711079 $147,267 $8,,918.v346_ NET FISCAL IIP,ACT $1.363,r921 ($1147,26 $1,?216.,6541 The Information Technology Technician is anticipated to be hired in November 2020,with a cost of$84,055 in the current fiscal year. The Public Information Specialist is anticipated to be hired in January 2021,with a cost of$,63,212 in the current fiscal year. Total FY 2021 fiscal impact for these two positions is $147,267. ONGOING FISCAL IMPAC 10,111 The PSEP anticipates that the one-half cent sales tax increase would generate between$20.0 million in Fiscal Year 2021 and $21.0 million in Fiscal Year 2030. As part of the City's annual budget process, annual allocations to the Measure A Sales Tax Fund would be brought forward for City Council consideration and action. In accordance with the Ordinance, for each subsequent year after Fiscal Year 2021, prior to City Council consideration of the City's annual budget, staff will prepare and present to the Citizens' Oversight Committee for its review a spending plan for Measure A revenues. The positions outlined in this report will be included in the Fiscal Year 2022 budget. ATTACI IMENTS Attaclhmentl:Amended Measure A Public Safety Expenditure Plan- Police Department Staff Contact:Phil Coll urn,Police Captain Page 7 2020-10-20 Agenda Packet Pale 158 of 294 RESOLUTION No. RESOLUTION of THE CITY COUNCIL of TIME CITY of CHULA VISTA APPROVING THE AMENDED MEASURE A. PUBLIC SAFETY EXPENDITURE PLAN To ADD ONE PUBLIC INFORMATION SPECIALIST ANIS ONE INFORMATION TECHNOLOGY OGY TEC NICIAN ANIS AMENDING THE FISCAL YAR.. 2020121 EXPENDITURE BUDGET FOR THE MEASURE A SALES TAX FUND To FUND SUCH POSITIONS FROM MEASURE A POLICE DEPARTMENT AVAILABLE FUND BALANCE: WHEREAS, on February 27, 2018 the City Council approved ordinance 3 415 ("Ordinance") p proposing to a Chapter3.34 to Title of the Chula Vista Municipal Code establishing a one-half cent General.Transactions and use Tax to be administered by the California Department of Tax and Fee administration; and. WHEREAS, concurrently the City Council adopted a spending plan expressing its intention to expend any new sales tax revenues generated un the Ordinance on public safety (the "Intended Public Safety Expenditure Plan") and WHEREAS,the ordinance was placed on the ballot for the,lune 2018 election as"Measure A," subject to approval by an affirmative, simple majority vote of the people as required by law; and. WHEREAS, on Tune 5, 2018, the voters of the City of Chula Vista approved Measure A authorizing a ore-half cent sales tai on retail sales within the City; and WHEREAS, on October 8, 020City staff presented to the Measure A Citizens oversight Committee (COC) a proposed amendment to the Intended.Expenditure Plan to add one (1) Public Information Specialist and one 1 Information Technology Technician to the authorized staffing of the Police Department; and WHEREAS, the Measure A COC voted 5-3 to recommend City Council approval of the Public Information Specialist and Information Technology Technician. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves an amended Pleasure A Public Safety Expenditure Plan to add one 1) Public Information specialist and one 1 Information Technology Technician; and amends fiscal year 2021 expenditure budget for the Measure A sales tax fund to fund such positions from the Measure A Police Department available fund balance. Presented by approved as to fora.by Chief.Roxana Kennedy Glen :R. Googins Police Department City Attorney 2020-1 -20 Agenda Packet Page 159 of 294 Intended Public Safety Spending Plan Updated October 8,2020 Est.One-half cent Sales Tax Revenues Phase I-Critical Needs Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Total 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031, Estimate Beginning Police Department Funds Availz 13,299,658 $ 14,516,313 13,533,243 $ 12,488,953 $ 11,099,829 $ 9,326,865 $ 7,3,3,0,078 $ 4,986,770 $ 2,272,500 $ - $ - Estimated 1/2 cent Sales Tax Revenues $ 10,010,000 9,690,950 $ 9,787,860 $ 9,885,738 $ 9,984,595 $ 10,084,441 $ 10,185,286 $ 10,287,139 $ 10,3,90,010 $ 10,493,910 $ 10,598,849 $ 111,398,779 COPS Grant Funding $ 125,000 250,000 $ 250,000 $ 125,000 $ - $ - $ - $ - $ - $ - $ - $ 750,000 Estimated Funds Available,-Police, Department $ 23,434,658 $ 24,457,263 $ 23,571,103 $ 22,499,691 $ 21,084,424 $ 19,411,306 $ 17,515,364 $ 15,273,909 $ 12,662,510 $ 10,493,910 $ 10,598,849 $ 111,398,779 Proposed Expenditures Peace Officers $ 3,525,092 $ 4,673,031 $ 4,860,015 $ 5,021,181 $ 5,190,3,43, $ 5,390,676 $ 5,602,497 $ 5,826,663 $ 6,064,104 $ 6,315,834 $ 6,582,953, $ 59,052,389 Police Agents 1,320,421 1,820,178 1,892,597 1,954,972 2,020,421 2,097,933 2,179,866 2,266,548 2,3,58,3,3,7 2,455,620 2,558,819 22,925,712 Police Sergeants 1,228,108 1,536,551 1,594,687 1,643,892 1,695,408 1,756,931 1,821,866 1,890,463 1,962,993, 2,039,752 2,121,058 19,291,709 Sworn-non-personnel costs 268,841 137360 19,890 - - - - - - - - 426,091 Civilian Background Investigator 98,362 114,447 118,297 121,716 125,511 130,007 134,756 139,777 145,090 150,718 156,686 1,435,367 Community Services Officer 157,888 195,203 201,938 208,000 214,724 222,653 231,049 239,949 249,393 259,422 270,086 2,450,305 Digital Forensics Technician 11 203,,853, 254,010 262,427 269,851 278,090 287,877 298,197 309,091 320,600 332,771 345,653 3,162,420 1 nformaition Technology Technician 84,055 117,203 121,131 124,614 128,479 133,062 137,902 143,018 148,428 154,157 1160,228 1,452,277 Police Comm Systems Manager 172,377 189,204 195,190 200,330 206,044 212,901 220,095 227,650 235,588 243,937 252,725 2,356,041 Police Dispatcher 783,136 940,883 971,162 997,939 1,027,599 1,062,713 1,099,710 1,138,728 1,179,915 1,223,432 1,269,454 11,694,671 Public Information Specialist 63,212 132,007 1316,358 140,184 144,430 149,480 154,804 160,421 11616,351 172,617 179,247 1,599,111 Sr Police Technology Specialist 160,730 185,532 191,413 196,468 202,088 208,829 215,903 223,333 231,142 239,358 248,007 2,302,803 Civilian Non-Personnel Costs 6,896 - - - - - - - - - - 6,896 Computers and other equipment 250,000 100,000 100,000 100,000 100,000 - - - - - - 650,000 Police Vehicles,Outfitting,Maint.,Fuel, etc. 220,000 165,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 835,000 Reimbursement for Support Staff(IT,Fin, HR,City Attorney) 375,375 363,411 367,045 370,715 374,422 378,167 381,948 385,768 389,625 393,522 397,457 4,177,454 Total Police Department Proposed Expenditures $ 8,918,346 $ 10,924,020 $ 11,082,150 $ 11,399,862 $ 11,757,559 $ 12,081,229 $ 12,528,593, $ 13,001,409 $ 13,,501,566 $ 14,031,140 $ 14,592,3,73, 133,818,246 Ending Police,Department Available, �Funds $ 14,516,313 $ 13,533,243 $ 12,488,953 $ 11,099,829 $ 9,326�,865 $ 7,330,078 $ 4,986�,770 $ 2,272,500 $ (839,056) $ (3,537,229) $ (3,993,524) Assumptions: Sales Tax Revenue projections include a 1%escalator per year starting in Fiscal year 2022. Salary projections assume 2%annual increase. Flex benefit projections assume 10%annual increase. PERS projections based on most recent CalPERS Valuation Report. Workers Comp projections assume 5%annual increase for sworn positions and 3%annual increase for civilian positions. Personnel cost projections assume no vacancies in authorized staffing. Reimbursement for Support Staff is based on 3.75%of Measure A Sales Tax revenues.. 2020-10-20 Agenda Packet Pale 160 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 2 0,2 0 19 File IIS: 0-0419 ,TITS PUBLIC FEARING To CONSIDER ACCEPTANCE OF SHE 20,20 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNIS RESOLUTION of THE CITY COUNCIL OF THE, CITY of CU A VISTA ACCEPTING $50,199 FROM THE BUREAU of JUSTICE ASSISTANCE FOR THE 2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RECOMMENDEDT Council conduct the public hearing and adopt the resolution. SUMMARY The Police Department has received notice of'the 202,0 Edward Byrne Memorial Justice Assistance Grant award in the amount of$50,199 from the Bureau of Justice Assistance. These funds were allocated to the Police Department based on city population.and Part 1 violent crime statistics. ENVIRONMENTAL REVIEW The activity is not a `Project" as defined under Section. 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section. 150 o1(c)(3) no environmental ental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION Proposed to streamline justice funding and grant administration, the Edward Byre Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a byroad range of activities to prevent and control crime based on their local needs and conditions. Federal finds from. the Edward Byrne Memorial JAG Program must be used to supplement existing funds for program activities and cannot replace, or supplant, nonfederal funds that have been appropriated for the same purpose. The unit. of local government must provide assurance that the application or any future amendment was made and a opportunity to comment was provided to citizens and the neighborhood or community organizations of applicable law. Local match is not required with the JAG Program. 1 . 0 0 1 P Ii1 2020-10-20 Agenda Packet Page 161 of 294 The Police Department received notice, on September 19, 2020 of an Edward Byrne Memorial JAG award in the amount of $50,199 from the Bureau of justice Assistance. These funds were allocated to the Police Department based on city population and Part 1 violent crime statistics. Part 1 violent crimes include murder and non-negligent manslaughters, forcible rape,, robbery, and aggravated assaults as reported by the FBI., Acceptance and appropriation of these funds requires a public hearing per stipulations of the justice Assistance,Grant. The Police Department recommends using the JAG funds for the personnel costs of a Police Community Relations Specialist. The Community Relations Unit was disbanded in the Police Department during previous budget cuts. The Police Community Relations Specialist was reinstated through 2009, American Reinvestment and Recovery Act(ARRA) funds,,covering a two-year period of July 2009 to June 2011. When ARRA funds were depleted, JAG funds were used to retain this position. 'The Police Department is recommending continuation of using JAG funds for Police Community Relations Specialist personnel costs during fiscal year 2020/2021. The Police Community Relations Specialist provides a vital link between the community and the Police Department by attending community meetings,coordinating events which involve the community,providing Crime Prevention through Environmental Design assessments for homeowners and businesses,coordinating the annual Citizens Police Academy and the Teen Police Academy, and responds to general inquiries and questions to the Police Department. This position plays an invaluable role serving as the Department"s community liaison. DECISION­,MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 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 sea.). 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. CURRENT­YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of$50,199 for the 2020 Edward Byrne Memorial Justice Assistance Grant from the Bureau of justice Assistance. The annual personnel cost of the Police Community Relations Specialist is, approximately $97,336. Funds received by JAG will partially offset the annual personnel costs. The remaining costs will be covered by the General Fund,which has already been included in the fiscal year 2020/2021 adopted budget. There are no further budget appropriations by accepting the 2,02,0 JAG funds. P 2 2020-10-20 Agenda Packet Page 162 of 294 ONGOING FISCAL IMPACT Since,justice Assistance Grant funds are awarded on an annual basis,the Police Department will seek Council approval via public hearing of the spending plan of subsequent grant awards. The spending plan will include the fiscal impact of accepting the grant funds. AT rACHMEN rs None Staff Contact:Beverly Sturk,Police Department P 3 2020-10-20 Agenda Packet Page 163 of 294 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF CHULA VISTA ACCEPTING $50,199 FROM THE BUREAU F JUSTICE ASSISTANCE FOR THE 2020 EDWARD BYRNE MEMORIAL RIAL JUS ICE ASSISTANCE CE GRANT WHEREAS, the Police Department received notice from the Bureau of Justice Assistance of the 2020 Edward Byrne Memorial Justice Assistance Grant award in the amount of$50,199; and WHEREAS, the grant funding from the Bureau of Justice Assistance for the 2020 Edward Byrne Memorial Justice Assistance Grant will be used for the personnel costs of one Police Community Relations Specialist; and WHEREAS, the Police Community Relations Specialist provides a vital link between the community and the Police Department; and WHEREAS, a public hearing was conducted to see � � input regarding the brant appropriations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby accepts $50,199 from the Bureau of Justice Assistance for the 2021 Edward. Byre Memorial Justice assistance Grant. Presented.by Approved as to form by Roxana Kennedy filer R. Googins Police Chief City Attorney 2020-10-20 Agenda Packet Pale 164 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 20,202,0 File ID: 20-0391 „MITI CONSIDERATION OF THE DECISION OF THE CHIEF" OF POLICE AND FINDING RE ARDING AN ALCOHOLIC BEVERAGE LICENSE AT H STREET MARKET LOCATED ON H STREET A. RESOLUTION of THE CITY COUNCIL of THE CITY of CH LA VISTA AFFIRMING THE DECISION OF' THE CHIEF OF POLICE ANIS FINDING THAT AN ALCOHOLIC BEVERAGE LICENSE AT 645 H STREET SUITE B (H STREET MARKET, INC.) DOES NOT SERVE PUBLIC CONVENIENCE OR NECESSITY - of - B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVERSING THE DECISION OF THE CHIEF OF POLICE ANIS FINDING THAT AN ALCOHOLIC BEVERAGE LICENSE AT 645 H STREET SUITE B (H STREET MARKET, INC.) SERVES PUBLIC CONVENIENCE OR NECESSITY RECOMMENDED ACTION Council conduct the public hearing and adopt resolution A. SUMMARY H Street Market, Inc.has appealed the Police Department's finding that an alcoholic beverage license would not serve Public Convenience or Necessity. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act CEQA and has determined that the activity is not a "Project)p as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical charge in the environment, therefore,pursuant to Section 1So o(c) of the State CEQA Guidelines,the activity is not subject to CEQA. In addition,notwithstanding the foregoing,the Development Services Director has also 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 TI Not applicable. 1 . 0 0 1 P Ii1 2020-10-20 Agenda Packet Rale 165 of 294 DISCUSSION The Department of Alcoholic Beverage Control (ABC) is responsible for the issuance of licenses for the sale of alcoholic beverages in the State of California. Section 2,3958 of the California Business and Professions Code gives ABC the authority to deny an application for a license if such a license would result in an over- concentration of licenses and/or a higher than average crime rate in the area. The Business and Professions Code requires the local governing body to determine if'a public convenience or necessity is served by the issuance of the alcoholic beverage license given ABC's initial determination of'over-concentration and/or high crime rate. The local governing body must affirmatively sign a"Public Convenience or Necessity"form in order for the business to obtain an alcoholic beverage license. Process for Public Convenience and Necessity(PCN) Once ABC has determined that there is over-concentration and/or high crime rate in the census tract where the application is submitted,the applicant must submit a"Public Convenience or Necessity"form to the Chief of Police. Once the Chief of Police receives the form from the applicant,a determination hearing is scheduled. The determination hearing is an open meeting, and the Police Department solicits responses from the community by sending a letter to all business owners and residents within 500 feet of the applicant premises notifying them of the determination hearing; they can also leave a telephone message with a detective to voice their support for or protest of the license. The business must also post a notice of the application on the premises. The Chief of Police then determines whether a public convenience or necessity exists. The decision is based on the following criteria: the convenience or necessity of alcohol sales to residents in the area,the history of the subject business and/or owner, existing conditions at the site or in the vicinity (e.g., potential for creation of a police problem or aggravation of an existing problem), and the crime rate within the vicinity of the application. If the Chief finds that there,is no public convenience or necessity,the applicant may appeal the decision to the City Council. Upon the filing of the appeal with the City Clerk's Office, the matter is set for a public hearing before the full City Council. The process of determining public convenience or necessity is found in Chula Vista Municipal Code Chapter 5.09. [Attachment 1] H Street Market, Inc.appeal On March 21,2 02 O�,H Street Market located at 645 H Street Suite B applied for an off-sale beer and wine license (ABC License Type 20) with the California State Department of Alcoholic Beverage Control [Attachment 2]. An off-sale beer and wine license authorizes a retailer to sell beer and wine for consumption off the premises where sold. ABC determined that there is an over-concentration of alcohol licenses in the census tract where the application is submitted. On March 27, 2020, H Street Market Inc. formally requested the Chula Vista Police Department to conduct a finding of Public Convenience or Necessity for its business located at 645 H Street Suite B. The Police Department provided notice of H Street Market's ABC license application to residents and business owners within 500 feet of the location [Attachment 3]. On June 30, 2020, Chula Vista Police Department held a public hearing to gather input on Public Convenience and Necessity for H Street Market. Upon the conclusion of the public hearing, the Police Department determined that the census tract of the applicant's location will have an over concentration of alcohol licenses as defined by the Department of P 2 2020-10-20 Agenda Packet Pale 166 of 294 A Alcoholic Beverage Control if the application is approved. The Police Department issued notice on July 16, 2020,that the applicant failed to meet Public Convenience or Necessity [Attachment 5]. On July 27, 2020, H Street Market appealed the Police Department's finding that an alcoholic beverage license would not serve a public convenience or necessity[Attachment 6]. The Police Department based the finding that issuing an ABC license to H Street Market located at 645, H Street Suite B does not serve the Public Convenience or Necessity on the following criteria: 1. Another ABC license would cause the area to become over-concentrated with ABC licenses. According to ABC, the census tract (12,5.01) in which the business is located allows for two (2) licenses in that area,and currently two (2) off-sale licenses exist. ......... Ap" ................ 1�4, fO/ ,�,,2 ..... ... . ........... .............................. "//.......... MEN IT Proposed License E,x[st'jng�',',",',,,L ce',n,),ses, ............... The following two (2) businesses in census tract 125.01 have off-sale licenses.- 1) Bobar Market&Gas, 6001 F Street. and 2) Keg&Bottle, 6�77 H Street. In neighboring census tracts,the following eight (8) businesses within a two-block radius of the proposed license have off-sale licenses: 1) Little Spirit Shop,299 Broadway; 2) Sunny Market,449 Broadway; 3)Arco AM/PM, 720 H Street; 4) 7-Eleven,6198 H Street; 5) CVS Pharmacy, 555 Broadway; 6) Walgreens, 621 1 Street; 7) Quick Stop Liquor, 670 Broadway; and 8) 7-Eleven, 796 P �3ge 13 2020-10-20 Agenda Packet Pai�e 167 of 294 Broadway. The map above shows the proposed license at 645 H Street, along with existing ABC licenses in the area. 2. According to Police Department data, the Department received 199 alcohol-related (drunk driver, drunk in public) calls for service (CF'S) and 217 transient-related CFS within a quarter mile radius of 645 H Street over the June 2019 to May 2020 12-month period. I A comparison of alcohol-related calls for service within a quarter-mile radius of 645 H Street with that of other commercial locations in Chula Vista revealed that the area surrounding 6451 H Street is a high crime area in comparison to other areas within the city limits., �e 1,� tNV............ Location ICFS within.25 mi'Alcohol Related I ransteirt Related1 VI VI ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... I Bonita 500 49 55 Ilk T, ISOD Broadway 572 3 3 79 ul '0 '300 E H 42 4 2-Fi 39 boo F st 12519 14 1, 153 ...................................................................... 645 H 18,01 199 217 Grain Total 4,48 S43 Ir ...I I I I.............. V Owl p, U, if N7, 77 If, f�_ fle'' '00 L If k'' ........... 7E LEGRAP 01tv qNY Z I .. .......I ......... X 7, �A 42- 7,r,1], O'N .I......... )V s UPI AII Or # O�Ap S MW xv 7, le VI[ K4. If, "A lk 'If 6&J ILL I, e, L 7 99A 1h ................ ......................... .......... 4,,11n CVPD Riesearch Anallysis Call for Service HoIt Spots 8/fi/2020I 6/1/21019-5/31/2020 (Atcohol Related CRS only) 4. The majority of the public do not support for issuance of the license. During the public hearing held on June 30, 2020 at Police Department headquarters, three (3) people were in attendance, with all three opposing the issuance of the license. Twelve (12) phone calls were received [Attachment 4], with eleven (11) opposing and one (1) supporting the license. Members of the public have expressed the following concerns. In Iff'1/ 7' P 4 2020-10-20 Agenda Packet Page 168 of 294 a. over-concentration of alcohol licenses already exists in the area b. Easy access to alcohol for homeless population c. License could increase surrounding homeless population d. Increase in alcohol-related crimes e. Decrease in quality of life in the area DECISION-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 187022(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 Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT" There is no fiscal impact to the General Fund if the application is denied. Sales tax revenue from alcoholic beverage sales will have no impact due to over-concentration of alcohol licenses already existing in the area. ONGOING FISCAL IMPACT There is no ongoing fiscal impact if the application is denied. X'"I'TACHMENTS Attachment 1: Chula Vista Municipal Code Chapter 5.09 Alcoholic Beverage Licenses Attachment 2:Application for Alcoholic Beverage License- H Street Market Attachment 3: Notice to residents and business owners of ABC license application dated March 25,, 2020 Attachment 4: Public responses regarding ABC license application Attachment 5: Police Department's denial of issuance of AB C license dated July 16, 2020 Attachment 6:Appeal of denial of ABC license dated July 2,7, 2020 Attachment 7: Letter from Chief of Police to City Clerk dated August 6, 2020 regarding findings of Public Convenience or Necessity Staff Contact:Jonathan Alegre, Police Department P : ge 5 2020-10-20 Agenda Packet Page 169 of 294 ............. r f .fl C f Police o, CHULAVISTA ia> August 6, 2020 Kerry i to City l rl , City of ChulaVista 276 Fourth nue Chula Vista, CA 919101 . Public Convenience and NecessityHearing i ire C 1 r The H Street Market located at 645 H Street, is seeking issi ar to sell beer and winefor off-site sui n. Th store haskthe ChulaVista Police Department to find M license would serve Public Convenience or Necessity ssuty n to sign off on a PCN form required y the California Department of Alcoholicvera ontr ll (ABC). This to 'is necessary for the business to obtain an ABC license, pursuant to California Business and Professions Code Section 23958.4(b)(2). The Department has rub that issuing lire to the Street Market will not serve PublicConvenience or Necessity, The Department bases this finding n the following, Chapter Beverage sec, and Sectionthe California uitess and Professions . Anothr Alcoholic Beverage Control license oul cause the r to becomeover-concentrated. According to the the census tract in which the business is located all for two licenses permitted in that area, and,two currentlyexist. 2. Opinions from the public expressed during the, public comment period andt the public hearing rmostly opposed to the issuance of the license. 'The Police Department received 1:1 phone callsfrom concerns citizens opposing the license, and one citizen supporting the l,icense. In addition, three residents attended the M hearing, and al,l were opposedto the license. Members of the public, x r ss the following concerns: J N Over concentration ofth lc h l licenses lr in the areawithin the acus tract and sup within: lock radius),, h., Members of the homeless l tawould' it access t kohl, n could result in n w increase in victimization, crime r disorder related to homelessness; n. The license could increase the surroundingales population, in an area that is already congested y with a homeless popul ti ; do, increase in alcohol related cri , and i . A decreasedquality life in the area. t 3. According to Police Department data, the Police Department received 1801 General Disturbance calls within . mile radius of 64,5H Street between 6/1/19 5/311/20. Of those 1801 calls for service 99 were directly related to alcohol(drunk in public and drunk driver)and 217 were transient related. These numbers represent the highest calls for service when compared to other similar areas throughout ut the City.. i f i i f 315 Fowth Avenue,MS P-200,Chula Vista, CA avispd.or6691-5150 fax OR�5F#gft94 20204f'IW Agenda Packet b f Chula Vista Police r e Page 2 Based on the q 1 ligconcern,the over concentration of licensesand i h crime reported in the area, not believe Street r will serve Public Convenience or Necessity. The burden of proof is on the applicant to show their business serves a pubi v nienc r necessity to the surroundingcommunity. The applicant has not demonstrated servedthat PCN would be y the existencef the ABC license. �r Therefore, the Department will not sign off on the Publicr Necessity for l c n will be notified., U If you have further questions, your may contact Sergeant Michael Varga ( . �u p' nrely, o ana Kennedy Chief of Police r k i I h W y 4 i r k j 1 i N J '.l Ir d i y r I E, IN i� i I j: �I y 2020-10-20 Agenda Packet Pale 171 of 294 i PETITION Applicant: H Street Market, Inc. Business lame. H Street Market Address: 645 H Street, Ste B, Chula vista.Ca 91910 License Type: Type 20 Off-sale leer and ane license H Street Market has applied for a type 20 off=-sale beer and wine license, requesting authority to sell beer and wine inside this new neighborhood market store. This petition is meant for those in the neighborhood who are in favor of the issuance of this 1"Leense. DO NOT SIGN THIS PETITION DILE 1. You are at least twenty-one (2 1)years of age. 2. You sign your name only (first and last name). You cannot sign for another individual. . You have not signed another petition concerning the same application. 4. You have read the petition in its entirety and understand its meaning. Cheek the SUPPORT column if you desire that this type of license be issued and/or the existing outlets do not adequately serve the reasonable requirements of your neighborhood. Name- Signature Complete Address Resident or lige Support = Date Business i ned opt,x It I I r Ce I e,)A LO &L' 0 Y�5 ye '96 i L c (01 to 41 2020-10-20.agenda Packet Page 172 of 294 Nair - Signature Complete Address Resident or Age Support Date - mousiness Si ped lit 2020-10-20 Agenda Packet Page 173 of 294 RESOLUTION NO. RESOLUTION of THE CITY COUNCIL of TIME CITY of CI-ULA VISTA AFFIRMING THE DECISION OF THE CHIEF OF POLICE AND FINDING THAT AN ALCOHOLIC BEVERAGE LICENSE AT 645 H STREET SUITE B (H STREET MARKET, INC . DOES NOT SERVE PUBLIC CONVENIENCE VENIENC E OR NECESSITY WHEREAS, the Department of Alcoholic Beverage Control (ABC) is responsible for the issuance of licenses for the sale of alcoholic beverages in the State of California; and WHEREAS, Section 23958 of the California Business and Professions Code authorizes the ABC to deny an application for a license if such a license would result in an undue concentration of Licenses and/or a higher than average crime rate in the area, and WHEREAS, Section 23958.4(b)(2) of the California Business and Professions Code authorizes the local governing body or its designated subordinate officer or body to determine whether issuance of an alcohol license serves Public Convenience or Necessity; and WHEREAS, Chula Vista Municipal. Code section 5.09.01 o designates the Chief of Police to consider and approve, disapprove or modify applications for determinations of Public Convenience orNecessity; an WHEREAS, Chula Vista Municipalapplicant or an Code section .o .00 authorizes the interested pasty to appeal the e .ie of Police's determination of Public Convenience or Necessity to the City Council; and WHEREAS, H Street Market located at 645 H Street Suite B applied for an off-sale beer and wine license with the ABC on March 2, 2020; ars. WHEREAS, ABC determined there will be an over-concentration of alcohol licenses in the census tract where the application is submitted, because two (2) are allowed and two 2 ABC licenses currently exist in the census tract where the store is located; and WHEREAS, on March 27, 20200 IT Street Market Inc.. formally requested the Police Department to conduct a finding of Public Convenience or Necessity; and WHEREAS, on June 30, 2020, Chula Vista Police Department held a public hearing to gather input on.Public Convenience and Necessity for alcohol sales at the ISL Street Market; and WHEREAS, based on comments received at the hearing, by phone and by letter, the majority of the community opposed to issuing. an ABC license to the store because of over- concentration of alcohol licenses, easy access to alcohol by transients, increase in alcohol-related crimes, increase in traffic congestion and decrease in quality of life; and 2020-10-20 Agenda Packet Page 174 of 294 Resolution No. Page 2 WHEREAS, the Chief of Police determined that Public Convenience or Necessity is not served, as defined by the ABC, because of community opposition; the store is located in an area with an over concentration of alcohol licenses (10 within a two block radius) and the store is located in a high-crime area compared to other areas in the City with an abundance of alcohol- related crimes; and WHEREAS, the Police Department notified the applicant of the decision, which the applicant appealed to the City Council in a public hearing on October 20, 2020. Now, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Nista, based on the reasons listed above and the public hearing before the Council, that it affirms the decision of the Chief of Police. BE IT FURTHER RESOLVED by the City Council of the City of Chula Nista, based on the reasons listed above and the public hearing before the Council, that issuing an alcoholic beverage license at 645 II Street Suite B (H StreetMarket) does not serve Public Convenience or Necessity. Presented by Approved as to form by Roxana Kennedy filer R. Croogi s Chief of Police City Attorney 2020-10-20 Agenda Packet Page 175 of 294 RESOLUTION NO. RESOLUTION of THE CITY COUNCIL of TIME CITY of CI-ULA VISTA REVERSING THE DECISION OF THE CHIEF OF POLICE AND FINDING THAT AN ALCOHOLIC BEVERAGE LICENSE AT 645 H STREET SUITE B (H STREET MARKET, INC. SERVES PUBLIC CONVENIENCE OR NECESSITY SSITY WHEREAS, the Department of Alcoholic Beverage Control (ABC) is responsible for the issuance of licenses for the sale of alcoholic beverages in the State of California; and WHEREAS, Section 23958 of the California Business and Professions Code authorizes the ABC to deny an application for an alcohol license if such a license would result in an undue concentration of licenses and/or a higher than average crime rate in the area; and WHEREAS, Section 23958.4(b)(2) of the California Business and Professions Code authorizes the local ,governing body or its designated subordinate officer or body to determine whether issuance of a alcohol license serves the Public Convenience or Necessity; and WHEREAS, Chula Vista Municipal Code section 5.09.01 o designates the Chief of Police to consider and approve, disapprove or modify applications for determinations of Public Convenience orNecessity; an WHEREAS, Chula Vista Municipalapplicant or an Code section .+� +� authorizes the interested pasty to appeal the e .ie of Police's determination of Public Convenience or Necessity to the City Council; and WHEREAS, the H Street Market at 645 H Street Suite B applied for an off-sale beer and wine license with the ABC on March 2, 2020; and. WHEREAS, ABC determined there will be ars over-concentration of alcohol licenses and a high crime rate in the census tract where the application is submitted, because two 2 are allowed and two (2) ABC licenses currently exist in the census tract where the store is located; and WHEREAS, on March 27, 2020, H Street Market Inc.. formally requested the Police Department to conduct a finding of Public Convenience or Necessity; and WHEREAS, on June 30, 2020, Chula Vista Police Department held a public hearing to gather input on.Public Convenience and Necessity for alcohol sales at the H Street Market; and WHEREAS, based on. comments received at the hearing, by phone and by letter, the majority of the community opposed to issuing an ABC license to the store because of over- concentration tratior of alcohol licenses, easy access to alcohol by transients, increase in alcohol-related crimes, increase in traffic congestion and decrease in quality of life; and 2020-10-20 Agenda Packet Pale 176 of 294 Resolution No. Page 2 WHEREAS, the Chief of Police ce determined that public Convenience or Necessity is not served, because of community opposition and, as defined by the ABC, the store is located in an area with an over concentration of alcohol licenses (10 in a two-block radius); the store is located in a high-crime area compared with other areas in the city, with an abundance of alcohol-related crime; and WHEREAS, the police Department notified the applicant of the decision, which the applicant appealed to the City Council in a public hearing on October 20, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, based on the public hearing before the Council, that it reverses the decision of the Chief of Police. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, based on. the public hearing, that an alcoholic beverage license at 645 H Street Suite B (II Street Market) serves Public Convenience or Necessity. Presented by ,Approved as to form b Roxana Kennedy Glen I . Gaagins Chief of Police City Attorney 2020-10-20.Agenda Packet Page 177 of 294 Ch. 5.09 Alcoholic Beverage Licenses I Chula Vista Municipal Code Page 1 of 3 Chapter 5.09 ALCOHOLIC BEVERAGE LICENSES Sections: 5. .010 Determination of public convenience or necessity- Purpose and intent. 5.09.020 Determination of public convenience or necessity-Application 1- Feel. 5.09.030 Determination of public convenience or necessity- Proceduire - otice requ�ired. 5.09.040 Determination of public convenience or necessity- Criteria for consideration. 5.09.050 Determination of public convenience or necessity-Appeals. 5.09.060 Determination of public convenience or necessity-Appeal�s - City Clerk d�uties. 5,09,0110 Determination ofpal b l I onvenience or necessity - Purpose and intent. State law requires that applicants for certain types of alcoholic beverage licenses obtain from local jurisdictions a determination that public convenience or necessity is served by the issuance of said license, if the subject premises is not located in an area which has an overconcentration of alcoholic beverage licenses a�ndl/or a higher than average crime rate as defined in Section 239,58.4 of the Business and Professions Code.Where the State Department of Alcoholic Beverage Control requires a determination of public convenience or necessity,the Chief of Police is authorized to consider and approve, disapprove, or modify applications for this determination. (Ord. 2705 § 211997). 5,09,0120 Determination of public convenience or necessity - Application - Fee,, Applications for a determination of public convenience or necessity shall be made to the Chief of Police in writing on a form prescribed by the Chief of Police and shall be accompanied by data sufficient to describe the proposed operations for which the allcoholic beverage lice,nse,and the determination of public convenience or necessity is reqluired.The application shall be accompanied by a deposit as presently designated, or as may in the future be amended, in the master fee schedule. (Ord. 2705 § 2, 1997). 5,09,01,30 Determination of public convenience or necessity - Procedure - Notice required. The Chief of Police shall post(or shall reqluire the applicant to post)a notice of the application on the premises which is the subject of the application.The Chief of Police shall further provide notice of the public hearing by The Chula Vista Municipal Code is current through Ordinance 3,490, passed June 23,2020. 2020-10-20 Agenda Packet Page 178 of 294 Ch. 5.09 Alcoholic Beverage Licenses I Chula Vista Municipal Cocle Page 2 of 3 mailing to property owners of record and residents within 500,feet of the site which is the subject of the application. (Ord. 2705§ 2119917). 5,09,0140 Determination of public convenience or necessity - Criteria ter consideration. Upon the conclusion of the public hearing,the Chief of Police may make a determination that public convenience or necessity is or is not served by the issuance of an alcoholic beverage license.The Chief of Police may condition a determination of public convenience or necessity.This decision may be based upon, but not limited to,the following factors: A. History of the subject business and/or owner. B. Existing conditions at the site or in the vicinity(e.g., potential for creation of a police problem or aggravation of an existing problem). C. The crime rate within the vicinity of the application. (Ord. 2705 § 211997). 5,09,050 Determination of public convenience or necessity - Appeals. The applicant or other interested party may appeal the decision of the Chief of Police to the City Council within 10 days after said decision is filed with the City Clerk. Said appeal shall be in writing and filed with the City Clerk upon forms provided by the Police Department, and shall specify the reasons the appellant believes there was an error in the decision of the Chief o IPolice. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the City Council.(Ord. 27015 § 211997). 5,oNoO,60 Determination of public convenience or necessity - Appeals - City Clerk duties. Upon the filing of the appeal,the City Clerk shall set the matter for public hearing,giving the same notice as required in CVMC 5.091.0301.The City Clerk shall send the Chief of Police a duplicate copy of the appeal and request the Chief of Police to transmit to the City Council a copy of his decision and findings, minutes of any hearings, and all other evidence, maps, papers, and exhibits upon which the,Chief of Police made his decision. (Ord. 27015§ 21 1997). The Chula Vista Municipal Code is current through Ordinance 3,490, passed June 23,2020. 2020-10-20 Agenda Packet Page 179 of 294 Ch. 5.09 Alcoholic Beverage Licenses I Chula Vista Municipal Cocle Page 3 of 3 The Chula Vista Municipal Code is current through Ordinance 34910,, passed June 23, 2020., Disclaimer:The City Clerk's Office has the official version of the Chula Vista Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Expllorer.To view this site, Code, Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Weebsit,e:www.chulavistaca.gov Code Publishing-Company The Chula Vista Municipal Code is current through Ordinance 3,490, passed June 23,2020. 2020-10-20 Agenda Packet Page 180 of 294 Department ofAleol olie Beverage Control State of California APPLICATION * ALCOHOLIC w w BEVERAGE 4 ASC 211 (6/99) .-Department of Alcoholic Beverage Control File Nt berw 615523 1350 FRONT ST Receipt Num ber: 2629661 ROOM 5056 Geographical Code-. 3702 AN DIEGO,, CA 92101 Copies Mailed lute, March 2, 2020 (619)1525-4064 l SS Ied Date: 1 �I DISTRICT SERVING LOCATION: First Owner: H,STREE Name ofBusiness: H STREET MARKE Location ofBusiness: � CHULA VISTA, CA 1910 County: SAN DIEGO Is Premises inside city limits es Census Tract: 0125.01 Mailing Address: 1f different from premises tser address q l & x Type of license(s): Partner.- des o Transferor's license/name.- License icense name:License Tie "ransaction lype Master Secondary LT And Count 2 , Off-Sale Beer And Wine R y License ale Transaction Description Fee Code Date Fee Applicabon Fee ALT PRIMARY IARY LICEI E TYPE NA 0 03/02/20 $905.00 A pli , tion Fee STATE FINGERPRINTS INS 1 A 1 03/02/20 $39.00 Application Fee FEDERAL FINGERPRINTS NA 1 03/02/20 $24.00 20-Off-Sale Beer And Ville ANNUAL FEE NA 0 43/42/241 $444.44 4 Total $1,368.44 w i. Have you ever been convicted of a felony'? Have you ever violated any provisions,of the Alcoholic Beverage Control Act, or,regulations of the Departin e t pertaining to the Act STATE OF CALIFORNIA Co my of SAN DIEGO late: March 2 2020 Applicant Nan e s, STREET MARKET,INC. { 1 N I {f p } 4 1 1 9 F 1 f r I f i 2020-10-20 Agenda Packet Pale 181 of 294 f i F ,.. M.,., .. .., _. .. ... .......... ..... ._. ...... _.... ......_ _..._ ._...... It I, Y° 9 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL SAN DIEGO DISTRICT OFFICE141 C x *C 350 FRONT ST,ROOM 5056 1 SAN DIEGO,CA 92,101 (6 19)525-4064 r 'E MARCH6, 2020 All i Chula Mata Police ea e 1 315 "' Avenue Chula Vista Ca 91910-3801 A : Det. Ginger Van Houten An application has beenmade for a license to sell alcoholic beverages in your jutisdiction. STREETMARKET 645 H T STE B, CHULA VISTAA 91910 Pending License 615523. Type of license applied for: TYPE -O ALE BEER&WINE r Our records indicate that the proposed premisesis located in Census Tract 0 125.01 and In an area f: f High Crime- % Over Concentration of licenses-- YES (ALLOWED 2/ACTIVE 2) I Within 1 f Residence(s) NO Within of cho�o l s, Parks, etc.... NOf y The deadline for your Department to,respond to this letter is March 31, 202WO. If you have any questions or require additional information conte n the issuance,of the license,please contact me at 61 525-4595 or at aroanta.Cainp ,sae.ca. oar w Sincerely, ar ar to Campos 1 Licensing Representative 11 F �1 F r i f r 2020-10-20.agenda Packet Pale 182 of 294 Department of Alcoholic Beverage Control State of Califemia Gavin Newsorn,Governor LICENSED PREMISES DIAGRAM (RETAIL) 1.APPLICANT NAME (if Individual- Last,first,middle) 2.LICENSE TYPE if H STREET MARKET, INC. 20 3.PREMISESADDRESS (Street number and,name,city,zip code) 4. NEAREST CN S-S STRfftt-- li 645 H ST STE B, CHULA, V'ISTA CA 91910 BROADWAY The diagram below is a tl-Lie and correct description of the entrances, exits. -nterior walls and exter oi-b0l.indar*es of the premises to be licensed, Inclucling climensions anct identificatlon of each room (i.e, "storeroom "Office, etc.) DIAGRAM Back Door Storag6 Restroom Backroom Q u- 0 8 ti Front door 21-Feet It is hereby dclared that the abo;ve-de�scribed premises and character of premisesl as indicated on the reverse silde,, will not be changed in accordance with Rule 64.2 of the California Code of RegUlations without first notifying and securing approval oft e Departmentoff'Alcoholic Beverage Control. Substantial changes to the premises,may reqUire.an application fee in accordance with Section 24072 of the Business and, Professions Code. I declare Linder p I of perjury that the foregoing 'is true and correct. (Only one signature required) DATE SIGNED FOR ABC USE ONLY CERTIFIED CORRECT (Signature'� D NAME INSPECTION DATE J ABC-257(07/19) 2020-10-20 Agenda Packet Page 183 of 294 6 f, i ±y Department of Alcoholic Beverage Control 4j PLANNED OPERATION (RETAIL) SECTION I-FOR ALL RETAIL APPLICANTS fi Vj T APPLI AN"NAMES)(IF Individual:Last,Firsiw Widdle Initial) H STREET MARKET, INC. 3.PREMISES ADDRESS jStreet number and name,city,zip ) �..,.. �� ....... . NEAREST GROES STREET N 645 H ST STE B, CHULA V CA 91910 BROADWAY OF BUSINESS(Choose one that best describes the planned operation) Full Service Restaurant LC afeter a/Hoff rau UCocktail Lounge Ll Private Club �deli or Specialty Restaurant Comedy Club LjNight Club � "veterans Club EC,ate/C o fee Shap Brew Pub � Tavern L.Fraternal Club h 1-18ed&Breakfast Theater L]Wine Tasting Room wi'wNww w iwa w mw am■NwmnWw wMi,wNwnwW wtw fpm nNWw ■n'NNW nMamNnwmiwWwww New iFw..Nwmw,ama.mi f'a N mmw Mm www wf'nnf awwasw,w Mm r wN ww.fNmmW awwwn mm dw,w NN w wwN w Nw.Nwwannf'MwNNnsf mnnwawN nmwm w'ww Nw.WiwN w N +M Nw'N.R,aNtl ma m W w ww NmwR fN fwwwm anwwtwwfl.,fw miW NAI+N.f Nmmmaw ww NwpNa Mww.Mw4MmNN Nw mww wwM wwmm Nm•mn:awm NNaww Mw WiNn N.n mN NnW.af wf mw wn'.wmw � l J, Y Li Supermarket �lerrll�eral 1p Mere 1..,..,�.�er"'wlce Station ,Swap Meet/Flea Market 4 Liquor Store Department Store KConvenien e Market [I Drive-in Dairy EVarlet/Drug Store p Gift Shop/Florist Convenience Market w/C eeollrle r Other-describe, PATRON CAPACM? :7.SURROUNDING AREA . PREMISES IS LOCATED IN IlCommercial Dural Free Standing Building Residential llShopping Center(Name):_j Lj Cotler 10 Urllta or Less 0More than 10 Llrllta 9. FOOD SERVICE '1 . PARKING T? �11. PATIO? _. ...._� 12. WILL YOU HIRE A 13,WILL YOU HAVE MANAGER?IAC ER?(Rule 57.5) FOODLESSEE?(Rule 57.7) LJ N 1XINone � MinimalFull lent ��. ' � � �.� " � Yes ��� L No 14,MEAL TYPE `15 TYPE OF FOOD i6­`HOURS OF FOOD SERVICE BREAKFAST HOURS ._Dinner House Ll,Seafood DAmerican Creeklr�dlar 0French From- To Ir nW#too#mwmwm'wm MwmwM#NM ma n m m m.Wnnwwwwwn m w W n m m.M amww wWNNmwm• Yi LUNCH HOURS 0 Fast Food/Cell 1-10�ther: _ Chinese 11 Korean x Italian `hal From: To: w wWwwwwwNNw NNmmNmN {. w'NwmwwNwmmawwWw. r `s DINNER HOURS lel to � Other: From i w r xT : mwwm ............ MwwMwNw wae'wwwr w.fww.-.,. s: 17,OPERATING HOURS . .., Sunday Monday � Wednesday �., Thursday Friday Saturday Opening Time 9:00 AM 9:00 AM 9:00 AM 9:00 AMS' 9:00 AM 9:00 AM9*400 AM Closing Time 10-.00 PM (One Mt n n�a I rick �below) 1�.ENTERTAINMENTENTERTAINMENTr� �r r rx� Cpl. Please � 4 w n. LXJ Nene AmpleMusic Patron Dancing LCard Room FIRecorded Music *Live Entertainment Lj Bikini/Topless/Exotic Movies s Juke Box Fleer/Stage Shows 1 oul/l Clll r Tables 0"Hot Spot!"ILetter Lj"Other Karaoke0*Amateur/Pro Sports Events Video/Goin-Operated Games a *Deserlption.- 1 .PREMISES IS LOCATED ON .TYPE OF STRUCTURE _...__.. XMajor Thoroughfare Secondary Street Single Story LTwe-Sten r [JOther l" ulti-Story-Number of .stories- 1" tories: 1� AT PERCENTAGE W_.._wm� ..... ._u._�w�Poa..._ TOTAL: PASS-THROUGH" 1���""�WINDOW? � FIXED BARS? _ � SALES WIL..BE ALCOHOLIC BEVERAGES? Yea XNo yea-hew plan : No �15% FOR ABC USE ONLY �.... 24, INFORMATION GIVEN(R-27,R-107,17,Sec.25512.5,Sec.23791.5,eta.) 25. DATE ENTERED INTO CABIN ' r 111 I'V µ a ti ABC-257(REVERSE)(07,119 E I FEB 1, 8 2020 epL of I w onom 2020-10-20 Agenda Packet Id 4 9a f III 1 `1 r I� I fY Y(( I W 0 F CHULA VISTA ,h PoliceDepartment 4 I r, a rch 25, 2020 Dear Resident or Business Owner: H Street Market, INC is applying for an off-.gale beer and wine license at 645 H Street in u,la Fists, which is within five hundred feet of your place of business o� residence A public hearing will be held at the Chul,a Vista Police Department on Jane 3 01h 2020 at 10 a.m. You may voice your protest or support of this alcohol license at the hearing. if you cannot attend the hearing, you may call (619) 409-5852 at any time between now and June 30th, 2020 to speak with a, Detective about your support or protest of the license. Any protest of this license must be received by the Chula Vista Police Department by June 3 oth 2020. We will then determine if an alcohol license meets "Public Convenience or Necessity" for the above location. Thank you for your input, Chula Vista Police Department Special Investigations Unit A y j t J 7 31.E Fourth Avenue Chula Vista, California 91910 (6 19) 691-5244 p r 2020-10-20 Agenda Packet Pale 185 of 294 G r r 4 y I� .a 4IfI ik i7 i r, PCN NOTES for H STREET MARKET ,w 4/2/'20 @ 0800 Hazim Gorges (owner ofthe Keg N Bottle a,t 677 H St) called to PROTEST the license. Reports there are too many bums in the area. �p 4/2/20 @ 1116 — e% Jel,aine Selmian calledto PROTESTthe license. e r there is alreadyanother liquoir t l r and thinks this will attract more homeless re graffiti. 4/3/2O @1 1359 — Doug t rs called to PROTEST the license. Reports the homel re alreadydestroying r . An,othe,r liquor store wouldjust provide them even eaccess to alc,oholl., n 4/2/20 @ 1759 — Raffe Gorges called to PROTEST., Raffe is Hazim Gorges son, says there is, a problem with homelessin the areathat another cense will increase the amount of homelessin the area. 4/018/20 @ 1303 — r n lilc se becausef the iBottle. Y �9 4/29/20 @ 1500 — Emily Stone called to PROTEST the l�icense. Concerns with the tranwsi,e wis in the area camping u�t loitering in h shopping cen,ter across the � way— says there r too many alreadythe area and selling beer and l 'ne andy addilng, moreill only add to, the problem. k n r ° �a 2020-10-20 Agenda Packet Pale 186 of 294 J fi 4 s 5/26/20 @ 153,4 hrs Charles, Jayne called to PROTEST the license. M,r. J�ayne f l,i'ves, at MJefferson. He feel'�s there are already enough licenses in th,e area a,ind there is no need to add another. t 6/11/20, @1436 r _ Roin, Krazer owns, a nearby pawn shop, says the license, n n i' business. I,k 6/11/2O 1438— Sam �j. i 4 i" Azid fromSunny' r elicense the,re are 6 businesses, in, h I selling liquor, doesn't ant the competition a,nd will only add to the concentratio,n ofless. showed u, to plubili'c hearingll),. is 6/16,/20 @O9,30 — y Eric (Unk last name) with Allianc �ii � toa PROTEST the license., Attempted to recal,l for more infoleft message. �4 6/22/20 @1556 20-year v r resid,en,t AnnaMaria, r row Madison Av h license. its rent problemwith homeless in, the area already rinking and causing problemis, —feels thiswill add to the homeless issues. t 61/30/20 @1124 — Ulysses, 1 f 1 a y r of Alliance Gym. RP own,s the mixed martial rte y sseveraljuveniles and i , J t always concerxistingink 'xis less *in the area, i constantly havin to run tweet off and fuels that adding another licen,se wi Iadd to those frustrations. Mf 2020-10-20 Agenda Packet Pale 187 of 294 F )INN 4 r *w ryfl e 'I aero p ry. r <u 1 I} F d �yy l 9 7 t`, 1i q 7 1� f I l I� w tir,..vl q �I a V 5q �In I I i cUJI 4� �w m f� I n lb �e I I �N AMS "tam F MRI k , �r .,p;Ma„i1s. fi P. 4 �i �W I I I F I I i * d MMMMWA. 1, axwxmm Ot Qt al i, �ry u II e q. VI: V Y I I� r G r r w ,r F t 91 I I I 6 14 u ,4 i -f I r h i a �r I 2020-1 en a P"a et a e 188 of 294 F E x r De,par ment of Alcoholic Beverage Control State of California Gavin Newsom,Governor INFORMATION AND INSTRUCTIONS SECTION 23958.4 B&P Instructions This form is,to be used for all applications fo�r oricrinal issuance or pr�mises to prennises transfer of licenses. Part I is to be completed b an ABC emalp icanployee, given I t with pre-application package,with copy retained in holdina file or app ,cant's Ltrict file. to Part 2 is to be completed by the applicant, and returned to ABC. P cr art 3 is to be completed by the local crovernin body oi- its desicrnated subordinate officer or,body,,and returned to ABC. PART 1 -TO BE COMPLET4. ED BY ABC 1. APPLICANTS NAME H STREET MARKET, INC 2 3.. PREMISES ADDRESS(Street number and name,city,zip code) LICENSE TYPE 645 H ST STE B CHULA VISTA CA 91910 20 4. TYPE OF BUSINESS lull Service Restaurant Hofbraul/Cafeteria Cocktail Lounge Private Club Deli or Specialty Restaurant Comedy Club Night Club Veterans,Club Cafe Coffee Shop Brew Pub Beer Fraternal Club Bed&Breakfast- 'Theater Tavern: Beer&Wine Wine Tasting Room -.---,Wine,only All Supermarket Membership More Service Station Swap Meet/Flea Market Liquor Store Department Store, 'Convenience Market Drive in Dairy',,, �Drug/Varlet y Store lorist/Gift Shop Convenience Market w/Gasoline Other-describe: 5. COUNTY POPULATION 6. TOTAL NUMBER OF LICENSES IN COUNTY 7. RATIO OF LICENSES TO POPULATION IN COUNTY 31288,612 N/A On-Sale Off-Sale 11591 Cin- 'ale Off-Sale N­UM_8_E`R 9, NO,OF LICENSES ALLOWED IN 6_E­NSU§7fkA_Cf­' 10. NO.OF LICENSES EXISTING IN CENSUS TRACT 125.01 2 On-Sale X Off-Sale 2 Cin-Sale X Off-Sale 11. 1 S TINE ABC VE C EN BUB__TRA_C_TOV E_RC ON C E N T RAT E D W I T H1 L I C E N S E S?(I.e.,d o e s,t h,e—ra-t i o-"ofl i c—en s,e--si-io"—po p 61'ait i-o n!i n—th e c a n-sius--it r-a—ct'—ax—ce"e, of licenses to population for t-h"--- e entire county?) X Yes,the number of existing licenses exceeds the number allowed No,the number of existing licenses is lower than the number allowed 12, DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS?, X Yes(Go to Item#13) No(Go to Item#20) 13. CRIME REPORTING DISTRICT NUMBER 14, TOTAL NUMBER OF REPORTING DISTRICTS 15, TOTAL NUMBERR_ OF-OFFENSES IN ALL,REPORTING DISTRICTS '86,98 53 C. AVERAGE NO,OF OFFENSES PER DISTRICT 617. 120%OF AVERAGE NUMBER OF OFFENSES X 18. TOTAL NUMBER OF OFFENSES IN REPO RTI NG_D_1S__T_R'_­"_____ ICT 164.01 164.1 X1 20%=1 96.92 281/171.2% ......... 19. IS THE PREMISES LOCATED IN A HIGH CRIME REPORTING DISTRICT?(i.e.,has a 20%greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency) 'X Yes,the total number of offenses in the reporting district equals,or exceeds the total number in item#17 'No,the total number of offenses in the reporting district is lower than the total number in item#17 20. CHECK THE BOX THAT APPLIES(check only one box) a. If"No"is checked,:in both item#111 1 and item#19, Section 23958.4 B&P,does not app/ to this application,and no additional information will be needed on this issue. Advise the applicant to bring this completed form to ABC when filing the application. b. If"Yes"is checked in either item#11 or,item#19,,and the applicant is,applying for a non retail license,a retail bona fide public eating place license,a retail license iss,ued for a hotel,motel or other lodging establishment as defined in Section 25503.16(b)B&P,or a retail license issued in conjuction with a I �J beer manufacturer s license,or winegrower's license,advise thea pplicant to CgT Section,2 and bring the completed form to ABC when filing the ,o/e te application or as soon as possible thereafter. X c,. If"Yes"is checked in either item#11 or item#19,and the applicant is applying for an off-sale Ile beer and wine license,an off-sale,general license,an on- sale beer license,an on-sale beer and wine(public premises)license,or an on-sale general(public premises)license,advise the ppplicant totake this form to the local governing body, air its des4qn ted subordinate officer or body to have them comlete Section 3. The completed form will need to be provided to ABC in order to process the application. Governing Body/Designated Subordinate Name.* FOR DEPARTMENT USE ONLY .m.._.......... PREPARED BY(Name of Department Employee) ABC-245(rev,0 1-11) 2020-10-20 Agenda Packet Pale 189 of 294 W A qW A 343 EAS'r AIN STREE T SUITE M202 MAT 1A LAW EL CAJON,CA 92020 A PROFESSIONAL LAW CORPORATION TELEPHONE(619)795-66,32 FAcs,iMILE(61795-6032 STE,VE@ MATTIALAW.COMI VVWW,.MA17F1ALAW.00M July 27, 2020 THE CITY OF CHULA VISTA OFFICE OF THE CITY CLERK 2'76 FOURTH AVENUE CHULA VISTA, CA 91910 Re: Application for Appeal Premises: H STREET MARK-ET,INC. H STREET MARKET 645 H ST STE B CHULA VISTA, CA 91910 Dear Sir or Madam: This office represents H STREET MARKET, WC., in connection with its original application for the type 20 license for the above-referenced business. The application was recently denied by the Chula Vista Police Department. Enclosed please find the application f©r appeal on behalf of H Street Market, Inc. Please contact any office for scheduling of the appeal hearing. Sincerel , By: Stee'S. Mattia, Esq. .j 2020-10-20 Agenda Packet Rae 191 of 294 r u 1W OF. CHULA VISTA POLICE E ARTM E T Ap leaon for peal This form is,to be used only for the appeal of a decision or finding made by the Chief of Police following,a Public Convenience or Necessity Hearing. Instructions: I. This application must be completed in frill. This application dust be filed with the City Clerk within 10 days, after the City Clerk has received notice of the Public Convenience or Necessity Hearing decision from the Chief of Police. Failure to file the appeal within to days constitutes grounds for closUre of the appeal process. 3. The application may be filed by mail, or in person, at: The City of Chula vista Office oft e City Clerk 276 Fourth .Avenue Chula vista, CA 91910 4. If the appeal application is completed and filed with the City Clerk within the allotted period, the City Clerk shall set the matter fOr-p«blic hearing. Your will be notified ofthe public hearing date and will have the opportunity to argue your case. Public ConvIenience or NecessiLy Finding,Appeal Applicant's Name. H Street Market, Inc. Business Name: H Street Market Business Address: 645 H Street, Ste E Chula Vista, CA 91919 Business Telephone "umber (619) 212-6259 Please explain how this license would serve public convenience or necessity: As owner of the property on H Street, I wanted to provide a business where the local community and nearby residents can have a place to go to get all their needs. The idea behind H Street Market is to operate as a convenience store/market offering groceries, sundries, household items, and beer and wine. '1lU"e have been in the neighborhood for a number of years and many of the local residents especially those in the apartments nearby, loop for a place where they can get all those items at a low price. Approving the beer and wine license will give those Customers a one step shop for all their needs and prevent them from driving too far to get their essentials. We are very active in the community and try to help out those residents in any way they need.with the Mere opening,we will be able offer a variety of items that are usually offered in many locations. 315 FOURTH AVENUE CHULA VISTA, CA 91910 e 619-409-5852 2020-10-20 Agenda Packet Pane 192 of 294 zmr, ..' l v r r C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA October 20,202,0 File ID: 20-0423 „MITI REPORT ON THE JOINTREQUEST FOR QUALIFICATIONS/REQUEST FOR PROPOSALS SOLICITATION F+ THE CITY-OWNED 747 F STREET AND SANT DIEGO METROPOLITAN TRANSIT SYSTEM- WNf ED 750 E STREET RECOMMENDEDTI Council receive the report. In April 20,19 the City of Chula vista, in partnership with the San Diego Metro Metropolitan Transit System (MTS), released a Request for Qualifications/Request for Proposals (RFQ/RFP) to solicit the most qualified development partners that would develop a high density, mixed-use, trans it-orieted development on the City-owned 747 F Street and MTS-owned 754 E Street. The solicitation process concluded in January 2424 with the City and its partners having analyzed qualifications and proposals from four development teams. While the City and its partners concluded their evaluations and ranked the development teams in the order oft e most to least qualified, state law known:as Assembly Bill 1486,was enacted and effectively halted the Cites ability to pursue partnerships with any of the development teams without first going through a different process than was utilized through this solicitation. .As part of Assembly Bill 1486, which was codified as the Surplus :Lands Act, new regulations that promote the development en.t of affordable housing became effective just prior to the onset of a global pandemic. Based on the impact of these regulations, coupled with the economic impact of the pandemic, staff has suspended consideration of all proposals received in response to the RFQ/RFP solicitation for the City-owned 747 F Street andMTS-owned 754 E street. DISICU'SISION On April 18, 2019 the City of Chula vista, in partnership with the Say. Diego Metropolitan Transit Systema. (SITS), released a phased Request for Qualifications/Request for Proposals (RF'Q/RFP) to solicit development partners that would construct a high density,mixed-use,transit-oriented development on the City-owned 707 F Street and MTS-owned 750 L Street.Together,the sites constitute approximately ten acres and are located directly adjacent the Blue Line Trolley,with. E Street to the north and F Street to the south. Cumulatively,the sites comprise nearly one full city block.At the conclusion of the first phase of the City-led RF"Q/RFP solicitation period on July 31, 2019, the City received development proposals from four development teams seeping to partner with the City and MTS for development of the sites.The development 1 . 0 0 1 P IiI 1 2424-14-24 Agenda Packet Page 193 of 294 teams include Affirmed Housing; Grapevine,Development; MountainWest Real Estate;and,Thomas Safran& Associates. ,Selection Criteria and Ratings The RFQ/RFP outlined the selection criteria in the solicitation (Attachment 1 - "RF'Q/RFP," Pp. 20-22). The phased approach to the RF /RFP was strategic. Phase I of the solicitation was designed to evaluate the, qualifications of each development team by assessing each team's experience and credentials in planning, designing,financing and constructing high density,mixed-use development projects. During Phase 1,a team of raters was assembled that included staff from both the City and MTS. These raters ranked all four development teams and determined they all met the minimum qualifications. While all four teams were scored and the RFQ had only assumed a maximum of three proposals to move forward,staff decided to invite, all four developers to participate in Phase 11. As a result, in September 2019 (prior to the effectiveness of Assembly Bill 1486), all development teams were provided a 90-day period to develop more fully conceptualized development proposals for the sites. The 90 days concluded on December 3, 2019 with the City having received Phase 11 submissions from all four development teams. Phase 11 of the RFQ/RFP was designed to exact specific development proposals from each development team to validate the feasibility of their vision and review their basic financial pro-forma. During Phase 11 of the process, a Selection Committee was assembled and comprised of: City staff; MTS, staff; the City's Economic, Market and Financial Analysis consultant, Keyser Marston Associates; and two outside developers with experience in developing,residential,retail,industrial,office and hotel projects throughout the United States, California and Chula Vista. On December 9, 2019 the Selection Committee met with all four development teams and received presentations on each team's vision for the sites, including each team's financing structure for the proposed developments. In evaluating each development proposal during Phase 11, the Selection Committee assessed the composition, configuration and characteristic of each proposed development, as well as the ability for each development to be financed and constructed. In January, each member of the Selection Committee completed quantified analyses and ratings for each of the team's development proposals. The evaluations were conducted pursuant to the land use, economic and financial objectives of each agency. The Cit'y favored development and long-term leasing of 707 F Street to developers and operators in comparison to a near-term sale but would nonetheless entertain lease-purchase agreements or immediate disposal of its site.'The City's objectives for 707 F Street,in order of priority from highest to lowest are: 1. Office 2. Hotel 3. Retail 4. Market Rate Housing- For Rent S. Market Rate Housing- Sale of Planned Unit Developments/Condominiums 6. Affordable Housing MTS's objectives for 750 E Street favor development of the aforementioned land uses in the opposite order of priority. P : ge 2 2020-10-20 Agenda Packet Page 194 of 294 In conducting the RFQ/RFP ratings and evaluations,each development team and development proposal was scored by individual phase.Additionally, staff combined ratings for each phase and analyzed results based on gross,and weighted totals.The result of rater�'s analyses is not presented in this report because the process is still open. Should the city desire to continue to pursue and engage these development partners, the City would first need to comply with Assembly Bill 1486 and ask these four developers for updated project proposals and financials that are reflective of the economic impact of the global pandemic. Assembly Bill 1486 (Surplus Lands Act) In October 2019, in the middle of the City and MTS solicitation,the California legislature approved, and the Governor signed into law, Assembly Bill 1486, also known as the Surplus Lands Act (Attachment 2). The Surplus Lands Act introduced sweeping changes that removed the ability of local agencies to prioritize economic development activities over the production of affordable housing. The Act mandates that surplus lands must first be offered for sale or lease to affordable housing developers through a written notice of availability sent to all entities that are on the list of affordable housing developers maintained by the State Department of Housing and Community Development (HCD . The Act requires HCD to maintain an up-to- date listing of all notices of availability throughout the state on its website.The Act prohibits any local agency, that has received an offer from an entity desiring to, lease or purchase surplus land, from disallowing residential use on the site as a condition of sale or lease. Furthermore,,if the local agency receives offers,from more than one entity,it must give priority to the developer who proposes the greatest number of units and the deepest level of affordability for the affordable units,.The Act also provides the local,agency the ability to negotiate concurrently with all entities that provided a notice of interest to,purchase or lease its surplus, and. Prior to agreeing to terms for the disposition of surplus land, the local agency is required to provide HCD with a description of the process followed and a copy of any recorded restrictions against the surplus land. If the local agency is found to violate the Act the local agency could be liable for up to 5O percent of the final sales price. Given that the Surplus Lands Act was enacted after the City had begun its solicitation,staff contacted SCD to inquire whether the City could continue pursuit of the solicitation irrespective of new regulations established by the Surplus Lands Act. HCD's response confirms that the City is subject to the Surplus Lands Act and that the only mechanism available for the City to continue with its solicitation would be for the City Council to take legislative action to deem the property "exempt surplus land" pursuant to Government Code Section 542 2 1(0(1) (Attachment 3)or pursue a legislative amendment.If the City Council were to deem the property as"exempt surplus land,"the City would still be obligated to comply with the provisions of the Surplus Lands Act,which requires development of either: 1)a housing development with ancillary commercial ground floor uses with 100 percent of the residential units restricted for low or moderate income households; or, 2) a mixed-use development with no less than 300 residential housing units with at least 25 percent restricted for lower income households. The Surplus Lands Act provides wide ranging, one-size-fits-all modifications that failed to recognize the unique attributes and needs of cities like Chula Vista that already provide much of their region's housing needs and are focused on the creation of jobs and diversified revenue streams. The Act has effectively impaired the City's ability to pursue partnerships with the development teams. At the end of the 2020 California legislative session there was some progress to amend the Surplus Lands Act to allow the City and P 13 2020-10-20 Agenda Packet Page 195 of 294 MTS solicitation to proceed; however,the,amendments failed to complete the legislative process in time for the Governor's consideration. Any future amendments would need to be, part of future, legislative consideration. used on new regulations that became effective through the Surplus Lands Act, coupled with the onset of a global pandemic, staff has suspended consideration of all proposals received in response to the RF ,/RFP" solicitation for the,City-owned 707 F Street and MTS-owned 750 E Street. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal year impact as a result of accepting this report. ONGOING FISCAL IMPACT There is no on-going fiscal impact as a result of accepting this report. ATTACHMENTS 1. Request for Qualifications/Request for Proposals 2.Assembly Bill 148,6 (Surplus Lands Act) 3. Email Response from HCD -April 2,8, 2020 eta ffContact: Kevin Pointer,Senior Economic Development Specialist Eric Crockett, Deputy City Manager P 4 2020-10-20 Agenda Packet Page 196 of 294 Attachment I Request for Qualifications/Proposals, THE DEVELOPMENT & POTENTIAL TRANSFER OF MIXED USE TRANSIT-ORIENTED DEVELOPMENT LOCATED IN CHULA VISTA, CA 1011ft mov"W" CITY CSF L,F-1�U'L�rVIS'T�► In partnership with: Metropolitan Transit System Distribution/Advertisement: April 18, 2019 Pre-Submittal Meeting: May 29, 2019, 1:00 p.m. Deadline-Submittal of Questions: June 19, 20191 5:00 p.m. RFQ/RFP Submittal Deadline: July 31, 2019, 3:010 p.m. 2020-10-20 Agenda Packet Page 197 of 294 This page intentionally left blank. Page 2 2020-10-20 Agenda Packet Page 198 of 294 REQUEST FOR DEVELOPER QUALIFICATIONS/PROPOSALS FOR DEVELOPMENT AND POTENTIAL TRANSFER OF MIXED-USE TRANSIT-ORIENTED DEVELOPMENT IN CHULA VISTA, CALIFORNIA The City of Chula Vista ("City"") and the San Diego Metropolitan Transit System ("MTS" herle,in individually referred to as an "Agency" and collectively referred to as "Agencies" are seeking to identify qualified development teams with the vision, resources and expertise to promptly develop two large, contiguous, and highly visible, Agency-owned sites for mixed- use transit-oriented projects that incorporate general goals of the City's Urban Core Specific Plan. The City-owned site at 707 F Street is 5.98 acres and is contiguous to the MTS-owned site at 750 E Street at 4AS acres.Together the sites exceed ten acres,and are bordered by the UC San Diego Blue Line Trolley and Interstate 5 to the west, E Street to the north and F Street to the south. The Agencies seek to select one or two development partner(s) for a public-private partnership with the goal of developing high density, mixed-use, transit-oriented development projects (collectively "Project") on the two sites that comprise nearly one full city block. The selection process will be divided into two phases. In Phase 1, the Agencies will identify a shortlist, anticipated to be no more than three qualified development teams for each site based on the team's qualifications and a written narrative of the team's vision for the development of each site and the team's ability to envision the desired objectives. In Phase 11, the selected development teams will be asked to submit fully developed Project concepts, preliminary design drawings and financing strategies before a final selection is made. Proposals from small businesses, disabled veteran-owned businesses, women-owned businesses, firms, owned by underrepresented ethnic groups and local firms are especially encouraged. There will be a pre-submittal conference on May 29, 2019 at 1:00 p.m.,Pacific Standard Time at the City Council Chambers at 276 Fourth Ave, in Chula Vista. Respondents are strongly encouraged to attend. Consultants are also encouraged to attend and network with prospective developers. Deadline to submit a response is 3:00 p.m. Wednesday, July 31, 2019. Questions related to the proposal must be submitted via Planet ids and received by 5:00 p.m. Thursday June 19, 2019. Agencies may, but are not required to, provide answers to questions received. Answers (if any) will be uploaded as an addendum in PlanetBids no later than 5:00 p.m. Friday June 28, 2019. Page 3 2020-10-20 Agenda Packet Page 199 of 294 This page intentionally left blank., Page 4 2020-10-20 Agenda Packet Page 200 of 294 Table of Contents 1.0 INTRODUCTION 6 1.1 Overview of Solicitation 7 1.2 Purpose of Solicitation 7 1.3 Background 8 1.4 Sites,Available for Development 14 1.5, Urban Core Specific Plan is 1.6 City/MTS Financial Objectives & Public Benefit 17 2.0 SUBMITTAL REQUIREMENTS 17 2.1 Submittal Cover 18 2.2 Table of Contents 18 2.3 Cover Letter 18 2.4 Identify the Development Team 18 2.5 Project Related Experience 19 2.6 Project Personnel 19 2.7 Organizational Chart 19 2.8 Development Team References 19 2.9 Additional Required Documents 19 3.0 SELECTION PROCESS AND E"LUATION CRITERIA 20 3.1 Selection Process 20 3.2 Submittal Selection Process 22 3.3 Registration of Interest Form 23 3.4 Pre-Submittal Conference 23 3.5 Submittal Schedule 23 3.6 Submittal Deadline 24 4.0 DECLARATIONS AND ADDITIONAL INFORMATION 24 4.1 City of Chula Vista's Rights Pertinent to this Solicitation 24 4.2 Withdrawal of Solicitation 25 4.3 Public Disclosure 25 4.4 Confidential Solicitation 25 4.5, News Releases 25 4.6 Conflict of Interest/Financial Disclosure 26 4.7 Indemnification 26 4.8 Examination of Solicitation 26 4.9 Nondiscrimination Policy 26 4.10 Local Business and Employment 26 Page 5 2020-10-20 Agenda Packet Pale 201 of 294 5.0 APPENDICES 27 APPENDIX A: SITE DESCRIPTION Attachment,A.1 - Site Map 28, Attachment A.2 - Submittal Selection Schedule 29 APPENDIX B: ADDITIONAL PROJECT DOCUMENTS Attachment B.1 - Disclosure Statement 30 Attachment B. - Financial Capacity& Litigation History 32 Attachment B.3 - Registration of Interest Form 37 Attachment B.4 - Subconsultant and Vendor List 38, Page 6 2020-10-20 Agenda Packet Page 202 of 294 1.0 INTRODUCTION 1.1 Overview of Solicitation This solicitation is comprised of'the following parts: The respondent is advised to review and understand the requirements of the entire solicitation before preparing a submittal. Introduction (Section 1.0) This section introduces information about the Agencies, including a brief history of each corporation. It also provides relevant background information on the subject sites and market area, and introduces the purpose of this solicitation. Pertinent details, rules and regulations follow in subsequent sections and appendices. Submittal Requirements (Section 2.0), This section introduces detailed instructions on submittal preparation. Additional details may be contained in subsequent sections and appendices. Selection Process and Evaluation Criteria (Section 3.0) This section explains how proposals will be evaluated and ranked; and the selection process. Declarations and Additional Information (Section 4.0) This section contains,important declarations and additional information that the respondent must carefully review. Items include,but are not limited to,prerequisites, special conditions, policies, guidelines and requirements. Appendices (Section 5.0) This section contains appendices that include, but are not limited to, the development objectives, site description, equal opportunity program requirements, and guidance on Project specific information necessary to compile a complete submittal. 1.2 Purpose of Solicitation The Agencies are seeking a public-private partnership for the development of 10.13 acres in Chula Vista. The Agencies have determined that a two-phase solicitation approach will be most advantageous to the Agencies and the development community. The Agencies are seeking Statements of Qualifications/Prop,o sals from well-qualified development teams for the opportunity to enter into a public-private partnership for the development of the project. Page 7 2020-10-20 Agenda Packet Pale 203 of 294 In Phase 1, capable, experienced and creative development teams are invited to submit responses regarding their development expertise, past success with developing similar projects, financial capabilities, and other pertinent information necessary to enable the Agencies to identify a shortlist of'development teams for each site for further consideration of specific development proposals. The Phase, I selection will be based on the teams' qualifications, a written narrative of the teams' vision for the development of each site, and the,teams' ability to accomplish the desired Urban Core Specific Plan objectives for the City. Phase 11 will include only the shortlisted proposers from Phase I and will allow the potential partners to present their vision for the sites. The selected development teams will be requested to submit fully developed Project concepts, preliminary design drawings, lists of potential commercial tenants and financing strategies before a final selection is made. Ideal Projects will include efficient and creative site, plans that relate to and activate the streetscape with structures of great density and superior architecture,. Ideal Projects will also assist the Agencies in meeting a critical need for transit-oriented market rate housing, commercial retail, hotel and other goals oft e City's Urban Core Specific Plan. The Agencies then intend to enter into an Exclusive Negotiation Agreement("ENA")with the selected development team(s) for each site to negotiate the terms of an agreement for development of the Project. Such agreement is intended to provide fort e legal and financial arrangement among the Agencies and the, selected development team to ensure prompt development of each site with the agreed upon program and design. 1.3 Background Chula Vista-A Dynamic and Growing Smart City With 268,000 residents covering 52 square miles in the southwestern edge of California, Chula Vista is the second-largest City in San Diego County and the 141h largest city in the state by population. Situated between Downtown San Diego and the international border with Mexico, the City benefits from a diverse, well-educated population and a robust transportation network. From master planned communities with verdant boulevards, to high-quality educational opportunities spanning award winning K-12 schools and Southwestern Community College the quality of life in Chula Vista is impeccable. The City is a leader in sustainability which started with the adoption of the City's first Climate Action Plan in 2000. Chula Vista has since been recognized by the Environmental Protection Agency in 14 with a Climate Leadership Award and in 2015 by the United Nations Conference of Parties in Paris. The City is well on its way to becoming a Smart City leader that is connected, responsive, transparent and innovative. In 2018, the City was awarded a Smart 50 Horizons award by Smart Cities Connect for the Chula Vista Bayfront Master Plan, a 535-acre waterfront development. In partnership with the Port of San Diego and RIDA Development Corporation, the Chula Vista Bayfront will be transformed into a world class resort destination anchored by a 1,600-room hotel and Page 8 2020-10-20 Agenda Packet Page 204 of 294 415,000 square foot Convention Center with 275,000 square feet of meeting space. The plan establishes thousands of new jobs, creates new public parks, protects natural coastal resources, provides conference and visitor-serving amenities and builds an important asset for the region. The plan represents the last significant waterfront development opportunity in Southern California and was unanimously approved by the California Coastal Commission in 2012. Chula Vista is at the forefront of research and innovation, which is evidenced by its role as one of ten proving grounds for autonomous vehicles in the United States,as well as providing a site for the region's unmanned aerial vehicles to test on the City's 375-acre university property. Efforts are underway to develop a new four-year multi-institutional, binational university campus that will provide a pedagogy supporting industry with top-quality talent. The City is pursuing an educational ecosystem that prepares students to enter the workforce they day they graduate, regardless of what country they come from. In May 2018 the entire City and portions of the larger San Diego region were inducted by the Federal Aviation Administration into the JAS Integration Pilot Program, allowing for accelerated testing and deployment of drone technology in areas ranging ng from international commerce and public safety to medical and package delivery. The City owns the Chula Vista Elite Athlete Training Center, one of 18 U.S,. Olympic and Paralympic training sites throughout the nation as designated by the U.S.Olympic Committee (USOC). Up until January of 2017 it was operated as one of three world class USOC Training Centers. In addition to 155 acres of athletic facilities, the site features nutritious culinary options and abundant housing for athletes. Chula Vista Bayfront Master Plan In 2002 the City,in partnership with the Port of San Diego,began planning efforts to establish the long-term vision for 535 acres along Chula Vista's Bayfront. 'The resulting plan, once implemented,will transform Chula Vista's underutilized landscape into a thriving residential and world-class waterfront resort destination. A site plan for the Chula Vista Bayfront is provided in Figure 1. Page 9 2020-10-20 Agenda Packet Page 205 of 294 .. ",.. Ila,liri rl ,!� r., Y,. ,J ..M 1 L / ! k,.: ll,., f I..e / J .✓ J J,, ,, ^v,i''"'", rr N1� ✓Y u, a a , �/ ,,. �/ ,.., 1N,, r,.. rr ,J ,/I y � .,✓''. 117 ,,. o,�.,r ,.... r_,.. ,... , 1 / I I I ✓i✓ n / ?Y / r � 0r I i,, ! h f r ul r t / / s c r, r� I ul M1ar YV v rcN�N�IN��r I N! u'IMI I I^III l r l l fl f l 1' of f �4 N'oVi I6V LL�.,.I, VGN1rN U U 1 SNI UG r'rG r I lion I. >i IW 4dr, v1�IVJ( 1 1. h_ J v� :, ,,,,...., r,r ;� r ...r✓r ..._lid ,✓i/i ///If111... (�,_.. ,, ,. 1 iVrr I r /, �r,�./l r J✓,,,u/p,(�, I."-�s. r, a r.,,,;. y. �9 :.�: ,. "..(-/ YGU`r`. �( .� ) ar,.„//�//.,//,. r/G(r„ �do,,,p� r 1 ,,•,,- ,�, 2,', ,., ., ",. �,,�/%i;,, rri,;/�, ,..°NY�II ,/� ,.. f I r, ��7, „I c ,>,: /.,. ,//.,.v,cre a,,/�/„/ % ,rl1i � ii..�r..v,. ,,,,.✓r., ,,,,,, I,, N rr- Y +ro.” d,,. ;,A ,;,; ,"„ / rr :/ l` r': r r y/ �. I ,, ,I. .N' II „r. 1, 1''.,➢J .�'1 I„I II � r G f rr- 1, r, 1111111 III I / r Ir r .�o r o »'Irr�N�N»,r/,,, r, ✓ / /;,r �:, ,; /, rc „ r, 1 ✓ ' rr»frr rll� , - I"rr r , r 1% u / SII r I I r I( IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r / r l I: it al A I 0 :IIII r' IJIJIJII r W 16YII�IIui , 1 J r r/ IIIIIIIIIIIIII l rr / /s r uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum uuuuuum r ,/ rr�l + I I I II. "wh Yll it /r/ /, r, r r l rr.✓ r, r, Ar i,,, f .. / ,Yb 11�U�fU,���NV1,. r %% ,,r, r r „i �d a / ,�titilyJllIGIY ' oprr , .,I." ./�rrGH:Nrr;W r,rlGyyp�1'J➢i,'I1 11 � " I,rN:ard,GawwawccUu ' r r ✓ / I r �r � �/ l I 1 /////©f/✓r r, a r, l / ///iiiiii�„! /ilii//j / u uuul l p ,u Illl I 21, r �Ui//i/ ///// , °I /alw/Jf ltlrJJho, �I1,14%f AJJi)/ �flNGl llr�lri�rl6yGl� wwmm N t I � � 1......... � � � �I r r r 11r r lN. �. r w � r' � ■..... as � as � � � � � � � r r r A ar r r rI • r r a r ■ r A a I r■ r r l NIM a r • s � r r � r � � � � � r �� � � � r r• � M r � � I � � � " I � �� I r �r Figure view of Chula vista Bayfront Looking Northwest j / j / j� f / / / / / / / r 1 l IIV ,�urrrul�u�',„<r U J J �c. t 1 C , r I� a R Ol'u u J ri u I y ,,,.., `�� ri�S ➢�1 �. � ,,. �, r �/i 61S//(�;✓� 1� t 4 l i,'al���l/lY'��f;J)/r"YY1 / u,xa! ,1/ HIS NNhiSYx�4 . )) .1 y �V u f n Jl � Y) ° i U 1 hY (; y, I, ll Once completed,the public will enjoy more than Zoo ,acre of parks,a shoreline promenade, walking trails, RV camping, shopping, dining and more. Preliminary site preparation is already underway with the construction of access roads, new public streets and other infrastructure to be underway ay in 2019. Construction of the resort and convention center is expected to be complete by 20,23. Resort and Convention Center Anchoring the Bayfront Master Plan redevelopment will be a resort hotel and convention center constructed on a 36-acre site gest of Marina Parkway between H and G Streets. .A visual rendering of the development is provided in. Figure 3, Tie facility will serve as the catalyst for future projects within the Bayfront Master Planned. Development. It will be operated by Gaylord Hotels, the large convention hotel brand of Marriott International, and will include approximately 1,600 hotel rooms, 275,000 square feet of convention cuter and meeting space ,and associated retail and resort-level amenities such as restaurant, bar "lounge facilities, recreational facilities, a spa,a pool with lazy river,bike and boat rentals and more. Page :11 2020-10-20.agenda Packet Page 207 of 294 Figure 3 Visual Rendering of the Resort and Convention Center fE f _ ll/1 I 1 / I r r rt r r r , I r / / I r ! I�I I r, r 1 I i 1 Iw 1, , � f 1 f / / / i I I / � r IL I 7 I r I r I r r ,,, ,,,,,��, �';�f� ��,i, I � �y,l,�,w,r'��nf"✓,ab� %� II�VN��..f4� ,,,% 1. �"^Hr r ti�rtYlr rNfr�sV�rd4sras�llr �,, }�M.I (° N`J'%,r, aJ✓,.�r v'J'�r>11,�"��, �,�Ir�� ! �V , III .r ✓ / I r , I- r r , r u r l� s , N'M_ r ti 9NM e I. m / W r J r r ,, f Irl I �rrar r. 1 ra ; r. I V }ill ..„ ✓" ,,,1 d7,1, !�all,.,,,..� r ,: ,,,,...�.. ,v.. ",.,� � ..., 1 f . !!�I.,i,,., k 9 r1Ml / r ' rr r II I y, r' r y i a i 1: I . r( NEW Phase I implementation of the Chula Vista Bayfront Master Plan includes construction of the resort and convention center, as well as the creation of public parrs and open space, the restoration of habitat areas and the construction of a neer fire station, a neer 1,600 stall parking structure and mixed-used development. Chula Vista Bayfront RV Park The Costa Vista RVResort In April 2018 the port of San Diego granted conceptual approval and issued a coastal development permit for a neve RV Park for the Chula Vista Bayfront—The Costa Vista RV p y sun Communities, Inc. and Resort. The new R� resort �� edevelopedan o orate contain 255 spaces, including 139 RST lstallls and 116 RV Park Models. RV Park models are unique,trailer-type units that provide temporary accommodations for recreations, camping or seasonal use. (They are designed toloop like a home, but like any RV, need to be hooked up to site electricity, sewer and water. Seel Figures 4 and 5 for visual renderings of the Costa Vista RV Resort. Page 12 2020-10-20.agenda Packet Pae 208 of 294 Figure 4: Visual Rendering of the Costa Vista RV Resort r f / i r / / r / / r / / r / rrr / rrr / rrr / rrr / r, r / rrrrrrrrrr„ / / / / / f / r r r j / r r r rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr... �� rr rr rr / / r rrr/ r / r � / rrrrrrrrrrrrr///�///r / r / rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� r r / / r rr / r „rr r / / M r„ rr 1, r,rr '!' '��%�rl/I///�i��' 1�f��������� ((/a',��'lll��' � rv, 1➢�r,�l YYy� I r I y Additional amenities include aquatic features including a children's play pool, family pool and jacuzzi; dad spa/salon, massage treatment rooms, sauna and pork-out germ; grill/restaurant,- entertainment ar,cade�, game room; business center and a multi-purpose room for educational and large guest gathering A covered picnic area with outdoor grills; children's rock climbling and playground,bocce ball courts and horseshoe pits;protected dog area; and welcome coater with a marketplace, restrooms, sowers and ,guest laundry facilities. Page 13 2020-10-20.agenda Packet Page 209 of 294 Figure 5,: Visual Rendering of the Costa Vista RV Resort Iff II A I MME u, rug . .................................... i ii 7 yw P, ...................................................................................................... M THIM ���/%�� /a/ /.„//��i,/, l'f�fl(I(((���r��fi6fGl��K'�fNJ NdIA WA wr ........... I IV V ii —MM wmag Wr Additional offsite improvements such as relocating and building new roads, new sidewalks and new utilities will also be included as part of the project. 1.4 Sites Available for Development The two large, contiguous, and highly visible, Agency-owned sites available for mixed-use transit-oriented Projects are located at 707 F Street and 750 E Street. 'The City-owned site at 707 F Street is 5.98 acres and the MTS-owned site at 750 E Street is 4.15 acres. Together,the sites, total 10.13 acres. The City-owned site at 707 F Street fronts on Woodlawn Avenue to the east and F Street to the south. The MTS-owned site at 750 E Street abuts a property developed with a 77 room Quality Inn hotel to the east and E Street to the north. Aerial imagery identifies both sites in Figure 6. Dlirectly to, the west of both sites are Interstate 5 and the MTS trolley, which services the UC ISan Diego Blue Line and has some of the highest ridership rates in the region. Page 14 2020-10-20 Agenda Packet Pane 210 of 294 Figure : City-awned 707 F Street 1 and MTS-owned 750 F Street (2) t Y I r II r r u 4 r i I i 'pi Ilrlll /� u / q 01� I U I i �i,,,,, r i' `, I„�✓,� 1;cl�'� �%�o��f 1 ,,; �:Vil l',;,, r�r�!', '1', / fi�aAp;1 w It � mul h w' I I V G f. ^9 I, Na u iy i /i' ��, ,�//„r,i Y ,�,,✓�,, 11,/G "iii � �.i i , �a.wW � ��/��"�� F i�� �� w /�,,%�,% 0 i,q;,i o �ll1,l I( �.t „„✓ „r.� � �,, fit ;� �,��v� ,,:-1 r �i'y r➢... ,,r„fJi �r�/�.��.. ,,,.„-( � r.,•, ,, i � ,,,,� yy �M, w,: �:. � &� 4, i r , � f uu �i N �� f Dili ll!�JS ,. /;;;;i/i� "V Z!1,1,,a i r, I � ,�,""9 ,,,,,���,", ✓ 1' � u y M r I� i fr r �;� �� ��/J�� `' U i %ii f%7�✓' 'o;�"�'iv ",; / �,m �„r,;�, �li�- �, q ��y, c,(�� ��1. �};, ,,� ,,rel,�, lI i i i' d i r r� „ 1 "IN V i, i I i l r i i I r, � (II �.,'. ,%. ,;,,. ,,, r,,t �,; � a,i '.1.. ii; /,%/%if , ,,�;�%/inAr,;�d✓/� til�� � I rr / l 1 u y � f � f J � u 1 i i i W h , I I l/it � W i n, ,y i ,M u� lull u i i I I i Ih fi i. I f' i i ll-%%"� i tic,;,,, r, � ��;�`< �,�'��� f(�.� ,, �✓,f i,�� nr��" i J �% ,;s.' ��l'7�4 ,.n I �,,,;,�� i� ��� iii./ii�' I✓,i u„..��;%�� ;,/' I” ���„N„ 3�yN�� 4 11 ,. '�,. �"9 ✓✓�,� rvvbf;,;1, lr� „ip,;,... ��i � /..:,I '„�;,. � ,���� � ,....,, r ,.�,� �' y r...r : H /I r/�,,;:;�1 „/,.,. �i�b 1.5 Urban Core Speciffic Plan Allowable uses of and development standards for the sites are governed primarily by the City's Urban CorIe,,,,,S,p,e,cIificI Plan. Specifically,the sates are located within Urban Core District 15 (or UC-15). '"This district allows development by-right for a number of intense urban uses, including: dense multiple family dwellings, retail, offices, commercial services and hospitality ruses. Other development pment standards for the saes are provided in Figure 7. Page 15 2020-10-20.agenda Packet Page 211 of 294 T"0 rigure 7: Urban Core Specific Plan Development Standards LICAS E ffrairIlt 'El la C 1111111111, la ml uses:,Mixed�L,7$e 111 i,d e 111",j a I 11"lll'I '"'M[a allowed grai...i.--d,flocill',fi�caevclept ft, L F,0s, J 11 611 1 L S IL rWill Ilae,gui I atim,,ts 11. Floor Area,RlaJbb, 2 " 2 wildi 45' 3,. Stidditig Stepbackm ................................... Not mrill rildrill torly 4. Stree,'t Wa,[[Frouil III la.getl: N, Se,tblatic6k s Il Street Min, 11"W Street IIWax. N/A 777 (",A.PluIJ,e l 0 lhyly a IIIIlurtlg E Street Ilbetwee ihl,i 77" �3,00' eaztof'���-5 Re, -u ilr /ld u qyth"rei ,el loo f s V ..................f L 1� M, 11111',,,Gletb&n rl IIPurkIII iiigIles![ulaloits IN 1. Pa�rkiiv Locaffol Any lbcatiur,t except irvfrorl of llb k,;j i I d i ngs, 2"M Gtril M i n, I s c p a el�/d' R,�j .........................................................................................k................................................... Gkjilest-', 0 spacilesi, .............III .............. rel MR, 4;11 Plaza Rarkit'', ®r// Min, I sp�ace��,"I,,000 sif F Plaza ------------------------------------ On- it e M i ihl,i, 1N o ih,ie, W11111 U M ni a r ti let. 11os riot ffet a Illi lll. regu latioor�ts tha t may a pply,to eiad-/,/i prop&rty. Please clor,,isitlt Iciium the,re,/m,a'l'III Ili,,,i�di,eIlr����of t h ea c V/i a pte r-fo r-a 1I 1I c r'I"ter i a, N= = ............ N Ali Mill IIII Page 16 2020-10-20 Agenda Packet Pale 212 of 294 1.6 Cloty/MTS Financial Objectives & Public Benefit The financial objectives of' the Agencies are to generate and maximize revenue from development and operations of the sites to sustain the ongoing operations of both organizations. The City favors development and long-term leasing of its site to developers and operators in comparison to development and near-term sale but will entertain lease- purchase agreements or immediate transfer of its site., MTS will not entertain proposals resulting in the sale of its site and will only entertain proposals resulting in lease of its site. The City"s objectives favor development of the following land uses in order of priority from highest to lowest: 1. Office 2. Hotel 1 3. Retail 4. Market Rate Housing- For Rent 5. Market Rate Housing- Sale of Planned Unit Development/Condominiums 6. Affordable Housing MTS's objectives favor development of the following land uses in order of priority from highest to lowest: 1. Affordable housing- For Rent 2. Market Rate Housing- For Rent 1. Office 4. Hotel 5. Retail 2.0 SUBMITTAL RE IREMENTS Phase I Submittal Format This section contains instructions on how to prepare and submit a response to this A solicitation. duri aration of I I Questions ari ng prep a subm'ttal must be submitted via Plan etB 1 19, 2019. A concise, professional and complete response to the RFQ/RFP will help the Agencies and the Selection Committee identify the most qualified development team and will be indicative of the level of the respondent's commitment to the desired Project. Any development team selected to participate with the City will need to meet all applicable City, MTS, local, state and federal requirements. Any development team selected must demonstrate the experience, resources and expertise needed to design and develop a successful Project. Past design and development experience, Page 17 2020-10-20 Agenda Packet Page 213 of 294 especially with similar projects,will be critical in evaluating the RFQ/RFP responses.Current financial capacity or access to funding sources and the ability to complete, the Project in a timely manner will also be important factors in determining the most qualified RFQ/RFP responses. The respondent shall follow the format specified below. The contents of the submittal must be clear, concise and complete. Each section of the submittal shall be tabbed and labeled in the, order identified in Sections 2.1 through 2.9 of this solicitation. 2.1 Submittal Cover The submittal cover shall identify the applicable sites and include the title, submittal due date, name, address,telephone and fax numbers,and e-mail address of the principal contact. 2.2 Table of Contents The table of contents shall be complete and clear, listing headings and pages to enable easy reference,. 23 Cover Letter The cover letter shall be brief and identify the,applicable sites.Any changes to the submittal format or deletions of requested material should be explained in the, cover letter. he first sentence should state in boldface type: "This submittalis for the development of mixed use transit-oriented development located in Chula Vista, CA." Additional cover letter it fors • Identify the respondent's primary contact (include address, e-mail address and telephone number),responsible for all queries made during the intake and processing of the response. • Identify the location of the office(s) housing individuals assigned to provide services. • If proposing joint venture partners and subconsultants, include company name s),the types of services to be provided by each,and the primary contact for each. • The signatory shall be a person with legal authority to bind the respondent. 2.4, Identify the Development Team Identify the developer and other key members of the development team, including the Project lead for day-to-day management of the Project and consultants who will be responsible for it the Project concept (name of individual, firm address, e-mail address and telephone number). At a minimum, the submittal shall identify the lead Page 18 2020-10-20 Agenda Packet Page 214 of 294 development firm,joint venture partner firms, financial partners, and the lead planning and design firm(s). Other proposed consultants may be included, if known. Provide a succinct narrative describing the role and relevant background experience of each of the firms and key individuals who would be involved in implementation of the Project and address the availability of resources, experience and capabilities to assure timely implementation of the Project concept. 2.5 Proi ect-Related Experience This section shall include examples of the respondent's experience inthe past ten (10) years specifically related to the envisioned scope of development. Examples shall be listed chronologically, and the awarding and completion dates noted for each. For each listing, include the name(s) and telephone number(s) of the respondent's Project manager and the developer's Project manager.When listing prime,joint venture partners and subcontractors, provide examples in the same manner described herein. 2.6 Project Personnel This section shall identify the contact person with primary responsibility for this Project,the personnel proposed to work on this Project, and joint venture partner's and subconsultants. The persons listed will be considered committed to the Project with no substitutions without prior agreement with the City or MTS. A resume for each professional and technical person assigned to the Project, including partners and/or subconsultants, shall be submitted., The resumes shall include at least three references from previous assignments with telephone numbers and e-mail addresses. 2.7 Organization Chart This section shall include an organization chart containing the names of all key personnel, joint venture partners,and design team with titles and their specific task assignment for this Project. 2.8 Development Team References Provide a concise chart listing development team references. Each team member shall include three professional references (e.g., lenders, investors, major accounts), with full names, relationship to team member, address and telephone number. 2.9 Additional Required Documents This section shall include required documents not requested in other sections of the submittal. The Agencies are strongly committed to equal opportunity in the solicitation of business contracting to assure that persons or businesses doing business with or receiving funds from the Agencies, are equal opportunity businesses and employers. The Agencies endeavor to do business with firms sharing their commitment to equal opportunity and will Page 19 2020-10-20 Agenda Packet Page 215 of 294 not do business with any firm that discriminates. The Agencies strongly recommend that persons and businesses doing business with the take positive steps toward diversity, expand their sub-consulting and sub-contracting solicitation base and offer opportunities to all eligible persons or businesses. From Appendix B Attachment B.1 - Disclosure Statement Attachment B. - Financial Capacity&Litigation History Attachment B.3 - Registration of Interest Form Attachment B.4 - Subconsultant and Vendor List 3.0 SELECTION PROCESS AND E"LUATION CRITERIA 3.1 Selection Process The selection process will be divided into two phases: Phase I—The Agencies will form a Selection Committee to: a. Review the submitted responses and identify a shortlist of respondents, anticipated to be no more than three qualified development teams, for each site.A respondent may be shortlisted for both sites. Phase II The Agencies will notice the development teams selected for the shortlist. S,hortlisted development teams will be required to: a. Submit fully developed Project concepts, preliminary design drawings, and financing strategies within ninety (90) days of the date of notice by the Agencies; b. Participate in an interview with the Selection Committee to: i. Orally present the teams qualifications and experience; ii. Present the team's proposed development proposal; and iii. Present the proposed financing structure. Selection criterion shall comprise qualifications and development team characteristics, financial resources and capability, conceptual Project planning/design/architecture, and other pertinent factors.Additional details on the Phase 11 requirements may be issued at the time the teams are notified of their selection to participate in Phase 11. Page 20 2020-10-20 Agenda Packet Page 216 of 294 The following is a guide to the criterion for Phase I that will be used in evaluating development teams and proposals weighted by percentage of consideration given to each criteria: A. Proposal and DeveloDment Team Characteristic (25%J 1. Quality and completeness of information submitted in response to the RF'Q/RFP. 2. Evaluation of past projects and performance. 3. Experience in conceiving and successfully implementing complex mixed-use projects within an urban redevelopment area and/or development projects under a public/private partnership. 4. Experience in designing and developing public projects and the, public benefits required in the project (e.g., public art, public parking, if applicable). 5. Experience in effective property management of residential units, commercial space, parking resources and other components of the proposed Project. 6. Demonstrated ability based on prior experiences in San Diego or elsewhere,to design a Project that is an asset and a"correct fit"within the Urban Core Specific Plan's stated vision and goals. 7. Ability to provide the necessary resources, experience and capability to assure timely implementation and completion of the Project concept. 8. Demonstrated commitment to comply with an Equal Opportunity Program. B. Financial Ca abilit (25W 1. Demonstrated ability to secure Project funding, including current relationships with major lenders and past funding experience with large transit-oriented mixed-use projects, particularly in public/private partnerships. 1. Ability to provide sufficient equity to demonstrate a commitment to the success of the Project and to satisfy conventional lender requirements. C. Conceptual Project Planning/Design/ rchitecture (15%) 1. Demonstrated expertise in planning, designing,and constructing of mixed-use,urban and infill projects. 2. Demonstrated experience designing innovative transit-oriented mixed-use projects utilizing creative product and site design concepts and maintaining a high-quality development standard. Page 21 2020-10-20 Agenda Packet Pale 217 of 294 1 3. Demonstrated experience maximizing density in urban redevelopment and infill projects. 4. Demonstrated architectural and urban design experience on projects similar in quality and scale to the desired project. 5. Experience with projects containing a mixture of public and private uses on the same development site. D. Project Personnel Experience and Project References (2,5%1 1. Expertise by proposed Project personnel to successfully plan, design, manage, construct, finance, lease/sell and operate a complex urban mixed-use Project. 1 2. Replies from personnel and development team references that support assertions made in respondent's statement of qualifications. E. EaualODDortunitv (10%) 1. Evidence of a willingness to make meaningful and wide-range sub-consulting and employment opportunities available to all interested and qualified firms and individuals in the marketplace. 3.2 Submittal Selection Process The Selection Committee intends to review the submitted responses and identif no more than three semifinalist development teams (a respondent may be selected for both sites) for each site to proceed forward to Phase 11 and submit more fully detailed Project concepts, design drawings and financing strategies. Semifinalists will be notified of its selection and instructed to submit fully developed Project concepts, design drawings and financing strategies to the City within ninety (90) days of date of notification. Developer Presentations/Final Development Partner Selection Phase 1: Upon receipt of the proposals for the development of each site, the Selection Committee will review the proposals submitted and "shortlist" the most qualified respondents utilizing the Selection Criteria Form. Shortlisted respondents will subsequently be provided with all submittal requirements and selection criteria for Phase 11 submissions. Phase 11: An Interview Panel will be formed to interview selected respondents. Shortlisted respondents will be given at least ten (10) days to prepare for interviews. Following the interviews, the Selection Committee will frame their findings and recommendation in a report to the Agencies. The City will provide its recommendations to the City Council and MTS will provide its recommendations to the MTS Board of Directors. The City Council and Page 22 2020-10-20 Agenda Packet Page 218 of 294 MTS Board of Directors will make the final selections of the development team(s) based on the, recommendations of Agency staff. The Agencies intend to enter into Exclusive Negotiation Agreements "E As" with the selected development team(s) to negotiate the terms of an agreement for development of the Project. Such agreement is intended to provide for the legal and financial arrangement among the Agencies and the selected development team to ensure development of the site. The Agencies will manage the ENA and development agreement process. If Project objectives are not fulfilled at any stage of the, selection process, as determined by City or MTS in their sole and absolute discretion, the City and/or MTS may elect not to enter into an agreement with any of the proposing teams. Respondents acknowledge and agree that if either Agency elects not to enter into an agreement, that Agency is not responsible for any costs incurred by the respondent during any phase of the solicitation or selection process. 3.3 Registration of Interest Form Prospective respondents to this RF( /RFP, are requested to complete the Registration of Interest Form (Attachment BA) and return the form to the City prior to the Pre-Submittal Conference -kp o.,Inter@chulavistaca.gov. 3.4, Pre-submittal Conference A lire-submittal Conference has been scheduled for May 2 9,2 0 19, 1 0-1 0 0 p.m.at the City offices located at 276 Fourth Avenue,Chula Vista,California 91910.'The conference will provide an opportunity for Agency staff to discuss all aspects of the RFQ/RFP and the selection process,as well as respond to questions.Although the Project manager may update registered prospective respondents via PlanetBids during the period for preparing RFQ/RFP responses, all prospective respondents, their representatives and primary team members are strongly encouraged to attend the Pre-Submittal Conference.All questions and responses generated during the pre-submittal process,including those raised during the Pre-Submittal Conference,will be posted to PlanetBids. 3.5 Submittal Schedule The solicitation, receipt and evaluation of RFQ/RFP responses, and the process for selecting a development team/Project concept, are anticipated to observe the following time frame (also see Attachment A.2 - Submittal Selection Schedule). Page 23 2020-10-20 Agenda Packet Page 219 of 294 Issuance of RFQ: April 18, 2019 Pre-Submittal Conference: May 29, 2019, 1:00 p.m. Deadline Submittal of Questions: June 19, 2019, 5:00 p.m. Deadline for RF Q Submittal: July 31, 2019, 3,:00 p.m. Semifinalists will be provided with additional information with respect to date and form of proposed Project submittals. Submission of Proposals by Semifinalist: Ninety (90) Days Following Notification Selected Semifinalists will be informed of'date of interviews with the Selection Committee. The Agencies reserve the right to alter the above dates at any time.Appropriate and timely notification of changes will be made to registered parties. 3.6 Submittal Deadline Interested parties should direct inquiries and submit RFQ/RFP responses (marked or entitled "707 F Street 75o E Street Mixed-Use RFQ/RFP") via PlanetBids. The respondent shall submit: one unbound original hard copy to the address below; ten (10) hard copies to the address below; and one, "high quality" digital PDF file via thumb drive to the, address below or electronically via PlanetBids. All responses must be submitted and received by City no later than: July 31, 2019, 3:00 p.m. ,Submittals to City: City of Chula Vista Finance Department- Purchasing Division (Bldg.A) 276 Fourth Avenue Chula Vista, CA 91910 Late submittals shall be cause for disqualification. Copies received by e-mail or fax shall not be accepted. 4.0 DECLARATIONS AND ADDITIONAL INFORMATION 4.1 The Agencies Rights Pertinent to this Solicitation The Agencies reserve the right to reject all submittals for any reason without indicating the reasons for rejection. The Agencies reserve the right to amend this solicitation by addendum. Submitting proposers acknowledge and agree that the terms and conditions of this solicitation are limited solely to those expressly stated in this solicitation and any authorized written addenda thereto. Addenda will be posted to PlanetBids no later than July 17, 2019. It shall Page 24 2020-10-20 Agenda Packet Page 220 of 294 be the submitting proposer's responsibility to check PlanetBids up to the final submittal date daily for any possible addenda. Respondents acknowledge and agree that the Agencies are not responsible or liable in any way for any costs incurred by the respondent during any phase of the selection process. Respondents acknowledge and agree that all submittals become the property of the Agencies upon submission and may be used by the Agencies in any way deemed appropriate. The Agencies shall not be responsible to pay any broker fees associated with the potential lease, sale or potential transfer of the City-owned site or lease of the MTS-owned site. Submittals will be considered valid for 365 days after submittal deadline. 4.2 Withdrawal of Solicitation The Agencies reserve the right to withdraw this solicitation at any time without prior notice and make no representation that any agreement will be awarded to any respondent. Additionally, the Agencies expressly reserve the right to postpone opening responses to this solicitation for its own convenience, and/or to waive any informality or irregularity in the responses received. 4.3 Public Disclosure Submittals made in response to this solicitation indicate the respondent understands that as a general rule all documents received by the Agencies are considered public records. Therefore,, all submittals shall be made available for public inspection according to applicable disclosure rules and regulations. 4.4, Confidential Solicitation The Agencies will use best efforts not to share the details of individual responses to this solicitation with competing respondents during the selection process. After the selection process, ends and prior to action on the contract, all solicitations become public information (except portions otherwise deemed confidential as noted in Section 4.3). 4.5 News Releases, The respondent agrees that, if selected, the Agencies will review and approve all news releases and other public comment pertaining to this solicitation and/or subsequent agreement s). All news releases will be submitted in writing to the Project manager designated by each Agency. Page 25 2020-10-20 Agenda Packet Page 221 of 294 4.6 Conflict of Interest/Financial Disclosure The respondent agrees, if selected, to comply with the Agencies' Conflict of Interest codes,. Principals and key personnel of each development team are required to make such disclosures. 4.7 Indemnification The respondent agrees, if selected, to indemnify and hold harmless the Agencies and all officers and employees of each entity from any and all liability, claims, costs (including reasonable attorneys' fees), demands, damages, expenses, and causes of action. 4.8 Examination of Solicitation The respondent understands that the information provided herein is intended solely to assist the respondent in submittal preparation. To the best of the Agencies knowledge, the information provided is accurate. However, the Agencies do not warrant such accuracy, and any errors or omissions subsequently will not invalidate this solicitation. Further, by submitting a response to this solicitation, the respondent represents that he or she has thoroughly examined and become familiar with work required in the solicitation and is capable of performing quality work and to achieve the objectives of the Agencies. 4.,9 Non dis crimination Policy The respondent shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of subs,vendors, or suppliers.The respondent shall provide equal opportunity for subs to participate in subcontracting opportunities,.The respondent understands and agrees that violation of this clause shall be cons,idered a material breach of the contract and may result in contract termination, debarment, or other sanctions. 4.10 Local Business and Employment The respondent acknowledges that the Agencies seek to promote employment and business opportunities for local residents and firms on all the Agency contracts. The respondent shall, to the extent legally possible, solicit applications for employment and proposals for subcontracts for work associated with this document from local residents and firms as opportunities occur. The respondent agrees to hire qualified local residents and firms whenever feasible. Page 26 2020-10-20 Agenda Packet Page 222 of 294 5.0 APPENDICES Appendix A- Site Description Attachment A.1 - Site Map Attachment A. - Submittal Selection Schedule, Appendix B -Additional Project Documents Attachment B.1 - Disclosure Statement Attachment B. - Financial Capacity/Litigati on History Attachment B. - Registration of Interest Form Attachment BA - Subconsultant and Vendor List Page 27 2020-10-20 Agenda Packet Pale 223 of 294 Ap►p►enx Transit-Oriented Mixed-Use Development Request for Qualificatios ` oposals Attachment A.1 Site Map :SITE MAP" it 7 I Gi 0 I i f V y/ dl i II ii i y1 r/ r l i a � n t f Pr �d i II1 u /�i� �� ,�/�..� �/,/ '�, i�1 „� ��y a ,. d"➢�,,n I,,� hl upps r„��,d �, Y „�.;: ,. �� ,1,,, 7 i i n P I I i IIC 7 V 'I II lc 1V y 1 f. n ii la IVIV nl ra iN i i� 1 ( � 4�„ � ;Yh".: l� �, .�'„,'M1wW l � ! i �� ,.•�l �,,,, ,„ ��i �,f '' � ,ii h,°V'f (. w I u 6 i l lu ra,A �I 'Its i/.� �1� (,/ y` 1�n /�n✓ ,�� i � 1tii � ;,, q kil app+I� f��nlj�';. nlf`i�., �,h', f r, I' ,// ,f ,. ,,; r,,, .y�, �.,„ ,�„��iii%I,%�/��.. �i r,,l�'��, �� �� �,�� �; �i ✓ ' � ,(� "r p;,, d r U ri �,, ��i „',, %/�/✓fin,;� i i�i n%%//��lJ� 1 � f � ' J l�/ !t r 9' i ' I u'V (I l i li I i l' i c %� `; y..'�ate, ,i,, /%/% � �,r�� ..� n�"� �'f Hai/rN' .! %��� „Jlu. ' rrlli. ��,; �, �"➢yi ,rl,;�,,i� a `�'. f r i i "�Il ilii l ( l r, Site 1-707 F Street (City-owned) Site 2-750 E Street (MTS-owned) Page 2 2020-10-20.agenda Packet Page 224 of 294 Appenx A Transit-oriented Mixed-Use Development Request for Q lif c t s ` oposals Attachment A.2 Submittal Selection Schedule SUBMITTAL SELECTION SCHEDULE Issuance of RF RFP it il 18) 2019, Pre-submittal Conference May 2,9, 2019 Deadline to, Submit Questions June 19, 2019 Deadline for RFQ/RFP Submittal July 3,1, 2019 Semifinalists will be provided with additional information regarding date and form of pr �ect submittals Submission of Proposals by Semifinalist 90 Days Following Notification Selected semifinalists will be informed of date of interviews wit the Selection Committee The City and MTS reserve the right to alter the above dates at any time. Appropriate and timely notification of changes will be made to registered parties. Page 29 2020-10-20 Agenda Packet Page 225 of 294 Appendi"x B Transit-oriented Mixed-Use Development Request for Q lific ti s/ roposals Attachment B.1 Disclosure Statement DISCLOSURE STATEMENT CONSULTANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL CONTRACTS THATWILL REQUIRE DISCRETIONARY ACTION ON THE PART OF AGENCIES. ALL PROPRIETARY INFORMATION CONTAINED HEREIN NOT SUBJECT TO PUBLIC DISCLOSURE The following information must be disclosed: 1. List the names of all persons having a financial interest in the consultant's business. 1. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10 percent of the share sin. in.the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1. above is a nonprofit organization or a trust, list the names of any person serving as director or the nonprofit organization or as trustee or beneficiary or trustor of the trust. Page 30 2020-10-20 Agenda Packet Page 226 of 294 Appendix B Transit-Oriented Mixed-Use Development Request for Qualifications/Proposals Attachment B.1 Disclosure Statement 4. Have you transacted more than $250 worth of business with any member of the City Council or MT,S Board of Directors or its agency members within the past twelve months.?, Yes No If yes, please indicate person(s). Person as defined as: "Any individual, firm, co-partnership,Joint venture,association, social club, fraternal organization, corporation, estate,trust, receiver, syndicate; this and any other group or combination acting as a unit" (Note.-Attach additional sheets as necessary) Authorized Signature of Firm/Date Print or type name of firm Page 31 2020-10-20 Agenda Packet Pale 227 of 294 Appenx B Transit-oriented Mixed-Use Development Request for Qualifications/Proposals Attachment B.2 Financial Capacity/Litigation History FINANCIAL CAPACITY/LITIGATION HISTORY I. DEVELOPER INFORMATION Firm Name: Address: Telephone/Fax: Email: Contact Name: Is the Developer a subsidiary of/or affiliated with any other Corporation(s), joint Venture(s) or Firm(s)? No Yes If yes, list each such Corporation,Joint Venture or Firm by name and address. Specify its relationship to the Developer or the percentage of interest of the partners and identify the Officers and Directors or Trustees common to the Developer and such other Corporation or Firm: Name of Corporation, joint Venture or Firm Relationship to Developer Officers/Directors/ Trustees: Percentage Interest of the Partners: Page 32 2020-10-20 Agenda Packet Page 228 of 294 Appendi"x B Transit-oriented Mixed-Use Development Request for Q lific ti s/ roposals Attachment B.2 Financial Capacity/Litigation History Individual[s authorized to negotiate, on behalf of the development entity,/team and responsible for Project execution: Name(s) Position: Telephone/Fax: Email: 11. FINANCIAL CAPACITY A. Sources and amount of cash available to, developer to meet equity requirement., of the proposed undertaking in bank(s): Bank name: Address: City, State, Zip: Amount: Bank name: Address: City, State, Zip: Amount: B. By loans from affiliated or associated corporations or firms: Name(s) Address: City, State, Zip: Source: Amount: Page 33 2020-10-20 Agenda Packet Page 229 of 294 Ap►p►enx Transit-Oriented Mixed-Use Development Request for Qualifications/Proposals Attachment B.2 Financial Capacity/Litigation History C. Provide three bank references: Bank name: Address: Contact Person: Phone Number: Bank name: Address: ContactPerson: Phone Number: Bank name: Address: Contact Person: Phone Number: D. Provide three business references:. Company: Address: Relationship: Contact Person: Phone Number: Company: Address: Relationship: Contact Person: Phone Number: Company: Address: Relationship: Contact Person: Phone umber: F. Has the Developer or (if any), the parent corporation or any subsidiary or affiliated corporation of the Developer's officers or principal members, Page 34 2020-10-20.agenda Packet Pale 230 of 294 Appenx B Transit-oriented Mixed-Use Development Request for Qualifications,/Proposals Attachment B.2 Financial Capacity/Litigation History shareholders or investors been involved in litigation relating to a development project either voluntary or involuntary within the past three years. No Yes If yes, provide the following: Date: Location: Bankruptcy was filed under the following: F. Total amount of development work completed by developer during the last three years: $ .00 G. Projects currently in planning or development by the developer or principals of the development entity/team: H. Does any member of the developer s corporation/partnership have any known relationship in connection with purchasing and implementing the Project with any member of the governing body of the City of MTS to which the accompanying proposal is being made or do any officer or employee of the local public agency who exercises any functions or responsibilities in connection with carrying out of the Project under which the local public agency covered by the developer's proposal is being made available? If yes, explain: Page 35 2020-10-20 Agenda Packet Pale 231 of 294 Appenx B Transit-Oriented Mixed-Use Development Request for Q lific tip s ` oposals Attachment B.2 Financial Capacity/Litigation History 1. Statements and other evidence of the developer's qualifications and financial summary are attached hereto and hereby made a part hereof as follows: Page 36 2020-10-20 Agenda Packet Pale 232 of 294 Appendi"x B Transit-oriented Mixed-Use Development Request for Q lific ti s/Proposals Attachment B3 Registration of Interest Form REGISTRATION OF INTEREST FORM Prospective respondents to this RFQ/RFP are requested to complete the following information and return the form to Kevin Pointer, at the contact information listed below. Registrants will be informed of any addenda to this RFQ/RFP or provided with any additional information of'Interest prior to the deadline for submission of qualifications SUBJECT: REQUEST FOR QUALIFICATIONS/PROPOSALS FOR DEVELOPMENT AND POTENTIAL TRANSFER OF MIXED-USE TRANSIT- ORIENTED DEVELOPMENT Name: Firm: Address: Telephone: Fax,.-. Email: Signature: r_1 I,/my firm plan(s) to attend the Pre-submittal Conference. Return this form to,. Kevin Pointer Senior Economic Development Specialist City of Chula Vista 276 Fourth Avenue Chula Vista, CA 911910 Phone: 619-691-5248 Email: kPointer@chulavistaca.gov. Page 37 2020-10-20 Agenda Packet Pale 233 of 294 Appendix B Transit-Oriented Mixed-Use Development Request for Q lif c t ns/ roposals Attachment B.4 Subconsultant and Vendor List ,SUBCONSULTANT AND VENDOR LIST Submittals shall include a complete list of aY proposed co-venture partners, subconsultants and vendors receiving more than one half of one percent(.,05%) of the total investment value or $10,00�O, whichever is less. Listed subconsultants and vendors must provide services in the profession, trade, or craft listed. All columns shall be filled out. No changes to this subconsultant list will be allowed without prior written approval from the,City and/or MTS. ESTIMATED NAME AND SCOPE OF DO�LLAR DBE, DVBE, WHERE ADDRESS OF WORK AMOUNT OF MBE, SBE OR CERTIFIED SUBCONSULTANTS NTRACT WBE CO (Note.-Attach additional sheets as necessary) For information only. As appropriate, respondent shall identify co-ventures, subconsultants, or vendors according to the following list: Certified Disadvantaged Business Enterprise DBE Certified Disabled Veteran Business Enterprise DVBE Certified Minority Business Enterprise MBE Certified Small Business Enterprise SBE Certified Woman Business Enterprise WBE Other Business Enterprise (not certified) OBE Page 38 2020-10-20 Agenda Packet Page 234 of 294 Assembly Bill No. 1486 CHAPTER 664 An act to amend Sections 54220,54221,54222,54222.3,54223,542259 54226,542277 54230.59 54233,and 65583.2 of,and to add Sections 54230.6, 54233.5, 542349 65400.11,and 65585.1 to, the Government Code,relating to surplus land. [Approved by Governor October 9,2019.Filed with Secretary of State October 9,2019.1 LEGISLATIVE COUNSEL'S DIGEST AB 1486,Ting.Surplus land. (1) Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines"local agency"for these purposes as every city,county,city and county,and district,including school districts of any kind or class,empowered to acquire and hold real property.Existing law defines"surplus land"for these purposes as land owned by any local agency that is determined to be no longer necessary for the agency's use, except property being held by the agency for the purpose of exchange. Existing law defines"exempt surplus land"to mean land that is less than 5,000 square feet in area,less than the applicable minimum legal residential building lot size,or has no record access and is less than 10,040 square feet in area,and that is not contiguous to land owned by a state or local agency and used for park,recreational,open-space,or affordable housing. This bill would expand the definition of"local agency"to include sewer, water,utility,and local and regional park districts,joint powers authorities, successor agencies to former redevelopment agencies,housing authorities, and other political subdivisions of this state and any instrumentality thereof that is empowered to acquire and hold real property,thereby requiring these entities to comply with these requirements for the disposal of surplus land. The bill would specify that the term"district"includes all districts within the state,and that this change is declaratory of existing law.The bill would revise the definition of"surplus land"to mean land owned in fee simple by any local agency,for which the local agency's governing body takes formal action,in a regular public meeting,declaring,supported by written findings, that the land is surplus and is not necessary for the agency's use,as defined. The bill would provide that"surplus land"for these purposes includes land held in the Community Redevelopment Property Trust Fund and land that has been designated in the long-range property management plan,either for sale or for future development, as specified. The bill would also broaden the definition of"exempt surplus land"to include specified types of lands. (2) Existing law requires a local agency disposing of surplus land to send, prior to disposing of that property,a written offer to sell or lease the property 91 2+020-10-20 Agenda Packet Page 235 of 294 Ch.664 —2— to specified entities.Existing law requires that a local agency,upon a written request,send a written offer to sell or lease surplus land to a housing sponsor, as defined,for the purpose of developing low-and moderate-income housing. Existing law also requires the local agency to send a written offer to sell or lease surplus land for the purpose of developing property located within an infill opportunity zone, designated as provided, to, among others, a community redevelopment agency. This bill would instead require, except as provided, the local agency disposing of surplus land to send, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability. The bill would make various related conforming changes. With regards to a housing sponsor, the bill would require that a notice of availability be sent if the housing sponsor has notified the Department of Housing and Community Development of its interest in the land,rather than upon written request.With regards to surplus land to be used for the purpose of developing property located within an infill opportunity zone, as described above,the bill would instead require that the written notice of availability be sent to a successor agency to a former redevelopment agency. The bill would require the Department of Housing and Community Development to maintain an up-to-date listing of all notices of availability throughout the state on its internet website. (3) After the disposing agency has received a notice from an entity desiring to purchase or lease the land, existing law requires the disposing agency to enter into good faith negotiations to determine a mutually satisfactory sales price or lease terms. This bill would prohibit the terms agreed to pursuant to these negotiations from doing certain things, including, among other things, disallowing residential use of the site as a condition of the sale or lease. (4) Existing law requires a local agency to give priority to the development of affordable housing for lower income elderly or disabled persons or households,and other lower income households when disposing of surplus land. This bill would remove that priority. (5) If the local agency receives offers from more than one entity that agrees to meet specified requirements related to the provision of affordable housing on the surplus land,existing law requires the local agency to give priority to the entity that proposes to provide the greatest number of units that meet those requirements. Notwithstanding that requirement, existing law requires the local agency to give first priority to an entity in specified circumstances. In the event that more than one entity proposes the same number of units that meet the above-described affordable housing requirements, this bill would require that priority be given to the entity that proposes the deepest average level of affordability for the affordable units. The bill would authorize a local agency to negotiate concurrently with all entities that provide notice of interest to purchase or lease land for the purpose of developing affordable housing. 91 2020-10-20 Agenda Packet Page 236 of 294 -3— Ch.664 (6) Under existing law, failure by a local agency to comply with these requirements for the disposal of surplus land does not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. This bill would require a local agency,prior to agreeing to terms for the disposition of surplus land, to provide the Department of Housing and Community Development with a specified description of the process followed to dispose of the land and a copy of any recorded restrictions against the property,as specified,in a form prescribed by the Department of Housing and Community Development. The bill would require the Department of Housing and Community Development to, among other things,review the description and submit written findings to the local agency within 30 days of receiving the description if the proposed disposal of the land will violate specified provisions of law. The bill would require the Department of Housing and Community Development to provide the local agency a reasonable time, as specified, to respond to the department's findings prior to taking certain actions and would require the local agency to take specified actions in response. This bill would,with certain exceptions,impose a penalty of 30%of the final sale price of the land upon a local agency that disposes of land in violation of specified provisions of law after receiving the notification from the Department of Housing and Community Development to that effect, and a 50% penalty for subsequent violations. The bill would authorize specified entities or persons to bring an action against a local agency to enforce these provisions and would allow a local agency 60 days to cure or correct an alleged violation before the action may be brought, except as specified. The bill would require a penalty assessed pursuant to these provisions to be deposited into a local housing trust fund or, in certain circumstances, the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund,as provided.The bill would make the expenditure of penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to these provisions subject to appropriation by the Legislature. This bill would require the department to implement these provisions commencing on January 1,2021. (7) 1f a local agency does not agree to price and terms with an entity to which notice and an opportunity to purchase or lease are given and disposes of the surplus land to an entity that uses the property for the development of 10 or more residential units,existing law requires the purchasing entity or a successor in interest to provide not less than 15%of the total number of units developed on the parcels at an affordable housing cost or affordable rent to lower income households. This bill would revise this requirement to apply if the local agency does not agree to price and terms with an entity to which notice of availability of land was given,or if no entity to which a notice of availability was given responds to that notice, and 10 or more residential units are developed on the property. 91 2020-10-20 Agenda Packet Page 237 of 294 Ch.664 —4 This bill,if a local agency that is a district,except as specified,disposes of surplus land where local zoning permits development of 10 or more residential units or is rezoned within 5 years of the disposal to permit the development of 10 or more residential units, and 10 or more residential units are developed on the property,would require not less than 15%of the total number of residential units developed on the parcel to be sold or rented at affordable housing cost or affordable rent to lower income households. (8) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to,among other entities,the Department of Housing and Community Development that includes,among other specified information,the number of net new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy thus far in the housing element cycle,as provided. This bill would require a city or county to include as a part of that report a listing of specified sites owned by the city or county that have been sold, leased,or otherwise disposed of in the prior year. The Planning and Zoning Law requires that the housing element include, among other things,an inventory of land suitable for residential development to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need determined pursuant to specified law. This bill would require the housing element to provide a description of nonvacant sites owned by the city or county and provide whether there are any plans to dispose of the property during the planning period and how the city or county will comply with specified provisions relating to the disposal of surplus land by a local agency. (9) Existing law requires the Department of Housing and Community Development to notify a city or county and authorize notice to the Attorney General when a city or county has taken an action that violates the Housing Accountability Act,specified provisions relating to local housing elements, and the Density Bonus Law. This bill would also require the Department of Housing and Community Development to notify the city or county and authorizes notice to the Attorney General when the city or county has taken an action that violates these provisions relating to surplus property. (10) Existing law makes various findings and declarations as to the need for affordable housing and the use of surplus government land for that purpose. This bill would revise these findings. (11) This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by AB 957 to be operative only if this bill and AB 957 are enacted and this bill is enacted last. 91 2020-10-20 Agenda Packet Page 238 of 294 -5— C h.664 (12) By adding to the duties of local officials with respect to the disposal of surplus land, and expanding the scope of local agencies subject to the bill's requirements,this bill would impose a state--mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state,reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The people of the State of California do enact as follows: SECTION 1. Section 54220 of the Government Code is amended to read: 54220. (a) The Legislature reaffirms its declaration that housing is of vital statewide importance to the health,safety,and welfare of the residents of this state and that provision of a decent home and a suitable living environment for every Californian is a priority of the highest order. The Legislature further declares that a shortage of sites available for housing for persons and families of low and moderate income is a barrier to addressing urgent statewide housing needs and that surplus government land,prior to disposition,should be made available for that purpose. (b) The Legislature reaffirms its belief that there is an identifiable deficiency in the amount of land available for recreational purposes and that surplus land, prior to disposition, should be made available for park and recreation purposes or for open-space purposes. This article shall not apply to surplus residential property as defined in Section 54236. (c) The Legislature reaffirms its declaration of the importance of appropriate planning and development near transit stations, to encourage the clustering of housing and commercial development around such stations. Studies of transit ridership in California indicate that a higher percentage of persons who live or work within walking distance of major transit stations utilize the transit system more than those living elsewhere,and that lower income households are more likely to use transit when living near a major transit station than higher income households.The sale or lease of surplus land at less than fair market value to facilitate the creation of affordable housing near transit is consistent with goals and objectives to achieve optimal transportation use. The Legislature also notes that the Federal Transit Administration gives priority for funding of rail transit proposals to areas that are implementing higher density,mixed-use,and affordable development near major transit stations. SEC.2. Section 54221 of the Government Code is amended to read: 54221. As used in this article,the following definitions shall apply: (a) (1) "Local agency"means every city,whether organized under general law or by charter,county,city and county,district,including school,sewer, 91 2020-10-20 Agenda Packet Page 239 of 294 Ch.664 —6— water,utility,and local and regional park districts of any kind or class,joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property. (2) The Legislature finds and declares that the term"district"as used in this article includes all districts within the state,including,but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of this state that is a district, and therefore the changes in paragraph (1) made by the act adding this paragraph that specify that the provisions of this article apply to all districts, including school, sewer,water,utility,and local and regional park districts of any kind or class,are declaratory of,and not a change in,existing law. (b) (1) "Surplus land" means land owned in fee simple by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use.Land shall be declared either"surplus land" or"exempt surplus land,"as supported by written findings,before a local agency may take any action to dispose of it consistent with an agency's policies or procedures. A local agency, on an annual basis, may declare multiple parcels as"surplus land"or"exempt surplus land" (2) "Surplus land"includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code,either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan. (3) Nothing in this article prevents a local agency from obtaining fair market value for the disposition of surplus land consistent with Section 54226. (c) (1) Except as provided in paragraph(2),"agency's use"shall include, but not be limited to,land that is being used,is planned to be used pursuant to a written plan adopted by the local agency's governing board for, or is disposed to support pursuant to subparagraph(B)of paragraph(2)agency work or operations, including, but not limited to, utility sites, watershed property,land being used for conservation purposes,land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near sensitive governmental uses,including,but not limited to,waste water treatment plants. (2) (A) "Agency's use"shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency's use. (B) In the case of a local agency that is a district,excepting those whose primary mission or purpose is to supply the public with a transportation system, "agency's use" may include commercial or industrial uses or 91 2020-10-20 Agenda Packet Page 240 of 294 -7— Ch.664 activities, including nongovernmental retail, entertainment, or office development or be for the sole purpose of investment or generation of revenue if the agency's governing body takes action in a public meeting declaring that the use of the site will do one of the following: (i) Directly further the express purpose of agency work or operations. (ii) Be expressly authorized by a statute governing the local agency, provided the district complies with Section 54233.5 where applicable. (d) "Open-space purposes"means the use of land for public recreation, enjoyment of scenic beauty,or conservation or use of natural resources. (e) "Persons and families of low or moderate income" has the same meaning as provided in Section 50093 of the Health and Safety Code. (f) (1) Except as provided in paragraph(2),"exempt surplus land"means any of the following: (A) Surplus land that is transferred pursuant to Section 25539.4. (B) Surplus land that is (i) less than 5,000 square feet in area, (ii) less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located,or 5,000 square feet in area,whichever is less, or(iii)has no record access and is less than 10,000 square feet in area;and is not contiguous to land owned by a state or local agency that is used for open-space or low-and moderate-income housing purposes.If the surplus land is not sold to an owner of contiguous land,it is not considered exempt surplus land and is subject to this article. (C) Surplus land that a local agency is exchanging for another property necessary for the agency's use. (D) Surplus land that a local agency is transferring to another local,state, or federal agency for the agency's use. (E) Surplus land that is a former street,right of way, or easement, and is conveyed to an owner of an adjacent property. (F) Surplus land that is put out to open,competitive bid by a local agency, provided all entities identified in subdivision(a)of Section 54222 will be invited to participate in the competitive bid process, for either of the following purposes: (i) A housing development,which may have ancillary commercial ground floor uses,that restricts 100 percent of the residential units to persons and families of low or moderate income,with at least 75 percent of the residential units restricted to lower income households,as defined in Section 50079.5 of the Health and Safety Code,with an affordable sales price or an affordable rent,as defined in Sections 50052.5 or 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing,and in no event shall the maximum affordable sales price or rent level be higher than 20 percent below the median market rents or sales prices for the neighborhood in which the site is located. (ii) A mixed-use development that is more than one acre in area, that includes not less than 300 housing units,and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 50079.5 of the Health and Safety Code,with an affordable sales price or an affordable rent,as defined in Sections 50052.5 and 50053 of the Health and 91 2020-10-20 Agenda Packet Page 241 of 294 Ch.664 —8— Safety Code,for a minimum of 55 years for rental housing and 45 years for ownership housing. (G) Surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited,unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site.An existing nonresidential land use designation on the surplus land is not a legal restriction that would make housing prohibited for purposes of this subparagraph. Nothing in this article limits a local jurisdiction's authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land. (H) Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange,and for which disposal of the land is authorized or required subject to conditions established by statute. (I) Land that is subject to Sections 17388, 17515, 17536,81192,81397, 81399,81420,and 81422 of the Education Code and Part 14(commencing with Section 53570)of Division 31 of the Health and Safety Code,unless compliance with this article is expressly required. (J) Real property that is used by a district for agency's use expressly authorized in subdivision(c). (K) Land that has been transferred before June 301,2019,by the state to a local agency pursuant to Section 32667 of the Streets and Highways Code and has a minimum planned residential density of at least one hundred dwelling units per acre,and includes 100 or more residential units that are restricted to persons and families of low or moderate income,as defined in Section 50093 of the Health and Safety Code,with an affordable sales price or an affordable rent,as defined in Sections 50052.5 and 50053 of the Health and Safety Code,for a minimum of 55 years for rental housing and 45 years for ownership housing. For purposes of this paragraph,not more than 20 percent of the affordable units may be restricted to persons and families of moderate income and at least 80 percent of the affordable units must be restricted to persons and families of lower income as defined in Section 50079.5 of the Health and Safety Code. (2) Notwithstanding paragraph(1),a written notice of the availability of surplus land for open-space purposes shall be sent to the entities described in subdivision(b)of Section 54222 prior to disposing of the surplus land, provided the land does not meet the criteria in subparagraph(H)of paragraph (1),if the land is any of the following: (A) within a coastal zone. (B) Adjacent to a historical unit of the State Parks System. (C) Listed on,or determined by the State Office of Historic Preservation to be eligible for,the National Register of Historic Places. (D) Within the Lake Tahoe region as defined in Section 66905.5. SEC.3. Section 54222 of the Government Code is amended to read: 54222. Except as provided in Division 23 (commencing with Section 33000)of the Public Resources Code,any local agency disposing of surplus land shall send, prior to disposing of that property or participating in 91 2020-10-20 Agenda Packet Page 242 of 294 -9— Ch,664 negotiations to dispose of that property with a prospective transferee, a written notice of availability of the property to all of the following: (a) (1) A written notice of availability for the purpose of developing low-and moderate-income housing shall be sent to any local public entity, as defined in Section 50079 of the Health and Safety Code,within whose jurisdiction the surplus land is located. Housing sponsors, as defined by Section 50074 of the Health and Safety Code, that have notified the Department of Housing and Community Development of their interest in surplus land shall be sent a notice of availability of surplus land for the purpose of developing low-and moderate-income housing.All notices shall be sent by electronic mail,or by certified mail,and shall include the location and a description of the property. (2) The Department of Housing and Community Development shall maintain on its internet website an up-to-date listing of all notices of availability throughout the state. (b) A written notice of availability for open-space purposes shall be sent: (1) To any park or recreation department of any city within which the land may be situated. (2) To any park or recreation department of the county within which the land is situated. (3) To any regional park authority having jurisdiction within the area in which the land is situated. (4) To the State Resources Agency or any agency that may succeed to its powers. (c) A written notice of availability of land suitable for school facilities construction or use by a school district for open-space purposes shall be sent to any school district in whose jurisdiction the land is located. (d) A written notice of availability for the purpose of developing property located within an infill opportunity zone designated pursuant to Section 65085.4 or within an area covered by a transit village plan adopted pursuant to the Transit Village Development Planning Act of 1994 (Article 8.5 (commencing with Section 65460) of Chapter 3 of Division 1 of Title 7) shall be sent to any county, city, city and county, successor agency to a former redevelopment agency, public transportation agency, or housing authority within whose jurisdiction the surplus land is located. (e) The entity or association desiring to purchase or lease the surplus land for any of the purposes authorized by this section shall notify in writing the disposing agency of its interest in purchasing or leasing the land within 60 days after the agency's notice of availability of the land is sent via certified mail or provided via electronic mail. (f) For the purposes of this section,"participating in negotiations"does not include the commissioning of appraisals, due diligence prior to disposition,discussions with brokers or real estate agents not representing a potential buyer, or other studies to determine value or best use of land, issuance of a request for qualifications,development of marketing materials, or discussions conducted exclusively among local agency employees and elected officials. 91 2020-10-20 Agenda Packet Page 243 of 294 Ch.664 —10— SEC.4. Section 54222.3 of the Government Code is amended to read: 54222.3. This article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency. SEC. 5. Section 54223 of the Government Code is amended to read: 54223. (a) After the disposing agency has received a notice of interest from the entity desiring to purchase or lease the land on terms that comply with this article,the disposing agency and the entity shall enter into good faith negotiations to determine a mutually satisfactory sales price and terms or lease terms.If the price or terms cannot be agreed upon after a good faith negotiation period of not less than 90 days, the land may be disposed of without further regard to this article,except that Section 54233 shall apply. (b) Residential use shall be deemed an acceptable use for the surplus land for the purposes of good faith negotiations with a local agency conducted pursuant to this article.Nothing in this subdivision shall restrict a local jurisdiction's authority or discretion to approve land use,zoning,or entitlement decisions in connection with the surplus land.Except as provided in subdivision(c),terms agreed to pursuant to the negotiations shall not do any of the following: (1) Disallow residential use of the site as a condition of the disposal. (2) Reduce the allowable number of residential units or the maximum lot coverage below what may be allowed by zoning or general plan requirements. (3) Require as a condition of disposal, any design standards or architectural requirements that would have a substantial adverse effect on the viability or affordability of a housing development for very low,low-, or moderate-income households,other than the minimum standards required by general plan,zoning,and subdivision standards and criteria. (c) Terms agreed to pursuant to the negotiations required by subdivision (a) may include limitations on residential use or density if, without the limitations, the residential use or density would have a specific, adverse impact, supported by written findings,upon the public health or safety or upon the operation or facilities of a local agency, and there is no feasible method to satisfactorily mitigate the impact. SEC.6. Section 54225 of the Government Code is amended to read: 54225. Any public agency disposing of surplus land to an entity described in Section 54222 that intends to use the land for park or recreation purposes, for open-space purposes, for school purposes, or for low- and moderate-income housing purposes may provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land.The payment period for surplus land disposed of for housing for persons and families of low and moderate income may exceed 20 years,but the payment period shall not exceed the term that the land is required to be used for low- or moderate-income housing. SEC. 7. Section 54226 of the Government Code is amended to read: 54226. This article shall not be interpreted to limit the power of any local agency to sell or lease surplus land at fair market value or at less than 91 2020-10-20 Agenda Packet Page 244 of 294 -11— Ch.664 fair market value, and any sale or lease at or less than fair market value consistent with this article shall not be construed as inconsistent with an agency's purpose. No provision of this article shall be applied when it conflicts with any other provision of statutory law. SEC.8. Section 54227 of the Government Code is amended to read: 54227. (a) In the event that any local agency disposing of surplus land receives a notice of interest to purchase or lease that land from more than one of the entities to which notice of available surplus land was given pursuant to this article,the local agency shall give first priority to the entity or entities that agree to use the site for housing that meets the requirements of Section 54222.5.If the local agency receives offers from more than one entity that agrees to meet the requirements of Section 54222.5, then the local agency shall give priority to the entity that proposes to provide the greatest number of units that meet the requirements of Section 54222.5.In the event that more than one entity proposes the same number of units that meet the requirements of Section 54222.5, priority shall be given to the entity that proposes the deepest average level of affordability for the affordable units.A local agency may negotiate concurrently with all entities that provide notice of interest for the purpose of developing affordable housing that meets the requirements of Section 54222.5. (b) Notwithstanding subdivision (a), first priority shall be given to an entity that agrees to use the site for park or recreational purposes if the land being offered is already being used and will continue to be used for park or recreational purposes,or if the land is designated for park and recreational use in the local general plan and will be developed for that purpose. SEC.9. Section 54230.5 of the Government Code is amended to read: 54230.5. (a) (1) A local agency that disposes of land in violation of this article after receiving a notification from the Department of Housing and Community Development pursuant to subdivision (b) that the local agency is in violation of this article shall be liable for a penalty of 30 percent of the final sale price of the land sold in violation of this article for a first violation and 50 percent for any subsequent violation.An entity identified in Section 54222 or a person who would have been eligible to apply for residency in any affordable housing developed or a housing organization as defined in Section 65589.5,or any beneficially interested person or entity may bring an action to enforce this section.A local agency shall have 60 days to cure or correct an alleged violation before an action may be brought to enforce this section,unless the local agency disposes of the land before curing or correcting the alleged violation, or the department deems the alleged violation not to be a violation in less than 60 days. (2) A penalty assessed pursuant to this subdivision shall, except as otherwise provided,be deposited into a local housing trust fund.The local agency may elect to instead deposit the penalty moneys into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing,including,but not limited to,Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and 91 2020-10-20 Agenda Packet Page 245 of 294 Ch.664 --12— moderate-income households,and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low,very low,or low-income households. (3) Five years after deposit of the penalty moneys into the local housing trust fund,if the funds have not been expended,the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households.Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature. (b) (1) Prior to agreeing to terms for the disposition of surplus land, a local agency shall provide to the Department of Housing and Community Development a description of the notices of availability sent,and negotiations conducted with any responding entities, in regard to the disposal of the parcel of surplus land and a copy of any restrictions to be recorded against the property pursuant to Section 54233 or 54233.5,whichever is applicable, in a form prescribed by the Department of Housing and Community Development.A local agency may submit this information after it has sent notices of availability required by Section 54222 and concluded negotiations with any responding agencies.A local agency shall not be liable for the penalty imposed by subdivision (a) if the Department of Housing and Community Development does not notify the agency that the agency is in violation of this article within 30 days of receiving the description. (2) The Department of Housing and Community Development shall do all of the following: (A) Make available educational resources and materials that informs each agency of its obligations under this article and that provides guidance on how to comply with its provisions. (B) Review information submitted pursuant to paragraph(1). (C) Submit written findings to the local agency within 30 days of receipt of the description required by paragraph (1) from the local agency if the proposed disposal of the land will violate this article. (D) Review, adopt, amend, or repeal guidelines to establish uniform standards to implement this section.The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5(commencing with Section 11340) of Part 1 of Division 3 of Title 2. (E) Provide the local agency reasonable time,but not less than 60 days, to respond to the findings before taking any other action authorized by this section. 91 2020-10-20 Agenda Packet Page 246 of 294 --13— Ch.664 (3) (A) The local agency shall consider findings made by the Department of Housing and Community Development pursuant to subparagraph(B)of paragraph(2)and shall do one of the following: (i) Correct any issues identified by the Department of Housing and Community Development. (ii) Provide written findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Development's findings. (B) If the local agency does not correct issues identified by the Department of Housing and Community Development, does not provide findings explaining the reason its process for disposing of surplus land complies with this article and addressing the Department of Housing and Community Development's findings,or if the Department of Housing and Community Development finds that the local agency's findings are deficient in addressing the issues identified by the Department of Housing and Community Development, the Department of Housing and Community Development shall notify the local agency, and may notify the Attorney General,that the local agency is in violation of this article. (c) The Department of Housing and Community Development shall implement the changes in this section made by the act adding this subdivision commencing on January 1,2021. (d) Notwithstanding subdivision(c),this section shall not be construed to limit any other remedies authorized under law to enforce this article including public records act requests pursuant to Chapter 3.5(commencing with Section 6250)of Division 7 of Title 1. SEC. 10. Section 54230.6 is added to the Government Code,to read: 54230.6. The failure by a local agency to comply with this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. SEC. 11. Section 54233 of the Government Code is amended to read: 54233. If the local agency does not agree to price and terms with an entity to which notice of availability of land was given pursuant to this article,or if no entity to which a notice of availability was given pursuant to this article responds to that notice, and 10 or more residential units are developed on the property,not less than 15 percent of the total number of residential units developed on the parcels shall be sold or rented at affordable housing cost,as defined in Section 54052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code.Rental units shall remain affordable to,and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households,and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph(2)of subdivision(c)of Section 65915.These requirements shall be contained in a covenant or restriction recorded against the surplus land prior to land use entitlement of the project,and the covenant or restriction 91 2020-10-20 Agenda Packet Page 247 of 294 Ch.664 —14— shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5.A local agency shall provide a copy of any restrictions recorded against the property to the Department of Housing and Community Development on a form prescribed by the department. SEC. 12. Section 54233.5 is added to the Government Code,to read: 54233.5. If a local agency that is a district, excepting those whose primary mission or purpose is to supply the public with a transportation system, disposes of surplus land where local zoning permits development of 10 or more residential units or is rezoned within five years of the disposal to permit the development of 10 or more residential units,and 10 or more residential units are developed on the property,not less than 15 percent of the total number of residential units developed on the parcel shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code,or affordable rent,as defined in Section 50053 of the Health and Safety Code, to lower income households as defined in Section 50079.5 of the Health and Safety Code.Rental units shall remain affordable to,and occupied by,lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph(2)of subdivision(c)of Section 65915.These requirements shall be contained in a covenant or restriction recorded against the restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions(a)to(f),inclusive,of Section 54222.5.This section shall not apply to projects as defined in subdivision (j) of Section 32121 of the Health and Safety Code.A local agency shall provide a copy of any restrictions recorded against the property to the Department of Housing and Community Development in a form prescribed by the department. SEC. 13. Section 54234 is added to the Government Code,to read: 54234. (a) (1) If a local agency,as of September 30,2019,has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property,the provisions of this article as it existed on December 31,2019,shall apply,without regard to the changes made to this article by the act adding this section, to the disposition of the property to the party that had entered into such agreement or its successors or assigns,provided the disposition is completed not later than December 31,2022. (2) The dates specified in paragraph (1) by which the disposition of property must be completed shall be extended if the disposition of property, the local agency's right or ability to dispose of the property,or a development project for which such property is proposed to be transferred,is the subject of judicial challenge, by petition for writ of mandate, complaint for declaratory relief or otherwise,to the date that is six months following the final conclusion of such litigation. 91 202+0-10-20 Agenda Packet Page 248 of 294 -15— Ch.664 (b) (1) with respect to land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code, or that has been designated in a long-range property management plan pursuant to Section 34191.5 of the Health and Safety Code,either for sale or retained for future development,this article as it existed on December 31,2019,without regard to the changes made to this article by the act adding this section which take effect on January 1, 2020, shall apply to the disposition of such property if both of the following apply: (A) An exclusive negotiating agreement or legally binding agreement for disposition is entered into not later than December 31,2020. (B) The disposition is completed not later than December 31,2022. (2) If land described in paragraph(1)is the subject of litigation,including, but not limited to, litigation challenging the disposition of such property, the right or ability to dispose of the property,or a development project for which such property is proposed to be transferred, the dates specified in paragraph(1)shall be extended to the date that is six months following the final conclusion of such litigation. (c) Nothing in this section shall authorize or excuse any violation of the provisions of this article as it existed on December 31, 2019, in the disposition of any property to which such provisions apply pursuant to subdivision(a)or(b). SEC. 14. Section 65400.1 is added to the Government Code,to read: 65400.1. in the annual report provided by the planning agency to the legislative body,the Office of Planning and Research,and the Department of Housing and Community Development required pursuant to paragraph (2) of subdivision (a) of Section 65400, the planning agency shall also include a listing of sites owned by the city or county and included in the inventory prepared pursuant to Section 65583.2 that have been sold,leased, or otherwise disposed of in the prior year.The list shall include the entity to whom each site was transferred and the intended use for the site. SEC. 15. Section 65583.2 of the Government Code, as amended by Section 3 of Chapter 958 of the Statutes of 2018,is amended to read: 65583.2. (a) A city's or county's inventory of land suitable for residential development pursuant to paragraph(3)of subdivision(a)of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph(9) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, "land suitable for residential development"includes all of the sites that meet the standards set forth in subdivisions(c)and(g): (1) Vacant sites zoned for residential use. (2) Vacant sites zoned for nonresidential use that allows residential development. (3) Residentially zoned sites that are capable of being developed at a higher density,including the airspace above sites owned or leased by a city, county,or city and county. 91 2020-10-20 Agenda Packet Page 249 of 294 Ch.664 —16-- (4) Sites zoned for nonresidential use that can be redeveloped for residential use,and for which the housing element includes a program to rezone the site,as necessary,rezoned for,to permit residential use,including sites owned or leased by a city,county,or city and county. (b) The inventory of land shall include all of the following: (1) A listing of properties by assessor parcel number. (2) The size of each property listed pursuant to paragraph(1), and the general plan designation and zoning of each property. (3) For nonvacant sites,a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8(commencing with Section 54220)of Chapter 5 of Part 1 of Division 2 of Title 5. (4) A general description of any environmental constraints to the development of housing within the jurisdiction,the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis. (5) (A) A description of existing or planned water,sewer,and other dry utilities supply,including the availability and access to distribution facilities. (B) Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service,to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory. (6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems.This information need not be identified on a site-specific basis. (7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction's general plan,for reference purposes only. (c) Based on the information provided in subdivision(b),a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period,as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing,moderate-income housing, or above moderate-income housing.A nonvacant site identified pursuant to paragraph(3)or(4)of subdivision(a)in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality's housing need shall not be deemed adequate to accommodate a portion of the housing 91 2020-10-20 Agenda Packet Page 250 of 294 -17-- Ch.664 need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three • years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. A city that is an unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right.The analysis shall determine whether the inventory can provide for a variety of types of housing,including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units,emergency shelters,and transitional housing.The city or county shall determine the number of housing units that can be accommodated on each site as follows: (1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency's calculation of the total housing unit capacity on that site based on the established minimum density.If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density,then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated. (2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary,based on the land use controls and site improvements requirement identified in paragraph(5)of subdivision(a)of Section 65583, the realistic development capacity for the site,typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction,and on the current or planned availability and accessibility of sufficient water,sewer,and dry utilities. (A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing. (B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph,"site"means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision. (C) A site may be presumed to be realistic for development to accommodate lower income housing need if,at the time of the adoption of 91 2020-10-20 Agenda Packet Page 251 of 294 Ch.664 —18— the housing element,a development affordable to lower income households has been proposed and approved for development on the site. (3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2),a city or county shall do either of the following: ' (A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand,financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households. (B) The following densities shall be deemed appropriate to accommodate housing for lower income households: (i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area:sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause(i):sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction:sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county:sites allowing at least 30 units per acre. (d) For purposes of this section,a metropolitan county,nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau.A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e) (1) Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses(i)and(ii)of subparagraph(B)of paragraph(3)of subdivision(c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population,unless that jurisdiction's population is greater than 100,000, in which case it shall be considered metropolitan.A county,not including the City and County of San Francisco,shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan. (2) (A) (i) Notwithstanding paragraph(1),if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000,that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban.This paragraph shall apply to a housing element revision cycle,as described in subparagraph(A)of paragraph(3) of subdivision(e)of Section 65588,that is in effect from July 1,2014,to December 31,2028,inclusive. (ii) A county subject to this subparagraph shall utilize the sum existing in the county's housing trust fund as of June 30,2013,for the development 91 202+0-10-20 Agenda Packet Page 252 of 294 -19---- Ch.664 and preservation of housing affordable to low- and very low income households. (B) A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development,the Senate Committee on Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400.The report shall be provided three times:once,on or before December 31,2019,which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle,and a third time,on or before December 31,2027,which report shall address the subsequent four years of the housing element cycle and the cycle as a whole.The reports shall be provided consistent with the requirements of Section 9795. (f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for"suburban area"above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction's population is less than 25,000 in which case it shall be considered suburban. (g) (1) For sites described in paragraph(3) of subdivision(b),the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential.The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development,the city's or county's past experience with converting existing uses to higher density residential development,the current market demand for the existing use,an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. (2) in addition to the analysis required in paragraph(1),when a city or county is relying on nonvacant sites described in paragraph(3)of subdivision (b)to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element.An existing use shall be presumed to impede additional residential development,absent findings based on substantial evidence that the use is likely to be discontinued during the planning period. (3) Notwithstanding any other law,and in addition to the requirements in paragraphs(1)and(2),sites that currently have residential uses,or within the past five years have had residential uses that have been vacated or demolished,that are or were subject to a recorded covenant,ordinance,or law that restricts rents to levels affordable to persons and families of low 91 2020-10-20 Agenda Packet Page 253 of 294 Ch.664 —20— or very low income,subject to any other form of rent or price control through a public entity's valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site.Replacement requirements shall be consistent with those set forth in paragraph(3)of subdivision(c) of Section 65915. (h) The program required by subparagraph (A) of paragraph (1) of subdivision(c)of Section 655 83 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph(3) of subdivision(a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause(i)of subparagraph(B)of paragraph(3)of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and(iv) of subparagraph (B) of paragraph (3) of subdivision(c)and shall meet the standards set forth in subparagraph(B)of paragraph(5) of subdivision(b).At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project. (i) For purposes of this section and Section 65583,the phrase "use by right"shall mean that the local government's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit,or other discretionary local government review or approval that would constitute a"project"for purposes of Division 13 (commencing with Section 21000)of the Public Resources Code.Any subdivision of the sites shall be subject to all laws,including,but not limited to,the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that"use by right"does not exempt the use from design review. However, that design review shall not constitute a "project"for purposes of Division 13(commencing with Section 21000)of the Public Resources Code.Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5. 0) Notwithstanding any other provision of this section,within one-half mile of a Sonoma-Marin Area Rail Transit stations housing density requirements in place on June 30,2014,shall apply. 91 2020-10-20 Agenda Packet Page 254 of 294 -21— Ch.664 (k) For purposes of subdivisions(a)and(b),the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585. (0 This section shall remain in effect only until December 31,2028,and as of that date is repealed. SEC. 15.5. Section 65583.2 of the Government Code, as amended by Section 3 of Chapter 958 of the Statutes of 2018,is amended to read: 65583.2. (a) A city's or county's inventory of land suitable for residential development pursuant to paragraph(3)of subdivision(a)of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph(9) of subdivision(c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, "land suitable for residential development" includes all of the sites that meet the following standards set forth in subdivisions(c)and(g): (1) Vacant sites zoned for residential use. (2) Vacant sites zoned for nonresidential use that allows residential development. (3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county. (4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site,as necessary,rezoned for,to permit residential use,including sites owned or leased by a city,county,or city and county. (b) The inventory of land shall include all of the following: (1) A listing of properties by assessor parcel number. (2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property. (3) For nonvacant sites,a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8(commencing with Section 54220)of Chapter 5 of Part 1 of Division 2 of Title 5. (4) A general description of any environmental constraints to the development of housing within the jurisdiction,the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis. (5) (A) A description of existing or planned water,sewer,and other dry utilities supply,including the availability and access to distribution facilities. (B) Parcels included in the inventory must have sufficient water,sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service,to secure sufficient water, 91 2020-10-20 Agenda Packet Page 255 of 294 Ch.664 —22— sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory. (6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems.This information need not be identified on a site-specific basis. (7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction's general plan,for reference purposes only. (c) Based on the information provided in subdivision(b),a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period,as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing,moderate-income housing, or above moderate-income housing.A nonvacant site identified pursuant to paragraph(3)or(4)of subdivision(a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality's housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph(3)shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing,including multifamily rental housing,factory--built housing,mobilehomes,housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows: (1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency's calculation of the total housing unit capacity on that site based on the established minimum density.If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density,then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated. (2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary,based on the land use controls and site improvements requirement identified in paragraph(5)of subdivision(a)of Section 65583, 91 2020-10-20 Agenda Packet Page 256 of 294 -23— Ch.664 the realistic development capacity for the site,typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction,and on the current or planned availability and accessibility of sufficient water,sewer,and dry utilities. (A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing. (B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph,"site"means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision. (C) A site may be presumed to be realistic for development to accommodate lower income housing need if,at the time of the adoption of the housing element,a development affordable to lower income households has been proposed and approved for development on the site. (3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2),a city or county shall do either of the following: (A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand,financial feasibility,or information based on development project experience within a zone or zones that provide housing for lower income households. (B) The following densities shall be deemed appropriate to accommodate housing for lower income households: (i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area:sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause(i):sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction:sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county:sites allowing at least 30 units per acre. (d) For purposes of this section,a metropolitan county,nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau.A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other 91 2020-10-20 Agenda Packet Page 257 of 294 Ch.664 —24— counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e) (1) Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses(i)and(ii)of subparagraph(B)of paragraph(3)of subdivision(c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population,unless that jurisdiction's population is greater than 1001,000, in which case it shall be considered metropolitan.A county,not including the City and County of San Francisco,shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan. (2) (A) (i) Notwithstanding paragraph(1),if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000,that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban.This paragraph shall apply to a housing element revision cycle,as described in subparagraph(A)of paragraph(3) of subdivision(e)of Section 65588,that is in effect from July 1,2014,to December 31,2028,inclusive. (ii) A county subject to this subparagraph shall utilize the sum existing in the county's housing trust fund as of June 30,2413,for the development and preservation of housing affordable to low- and very low income households. (B) A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400.The report shall be provided three times:once,on or before December 31,2019,which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 20231 which report shall address the subsequent four years of the housing element cycle,and a third time,on or before December 31,2027,which report shall address the subsequent four years of the housing element cycle and the cycle as a whole.The reports shall be provided consistent with the requirements of Section 9795. (f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for"suburban area"above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction's population is less than 25,404 in which case it shall be considered suburban. (g) (1) For sites described in paragraph(3) of subdivision(b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential.The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development,the city's or county's past experience with converting existing uses to higher density 91 202+0-10-20 Agenda Packet Page 258 of 294 -25— Ch.664 residential development,the current market demand for the existing use,an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. (2) In addition to the analysis required in paragraph(1),when a city or county is relying on nonvacant sites described in paragraph(3)of subdivision (b)to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element.An existing use shall be presumed to impede additional residential development,absent findings based on substantial evidence that the use is likely to be discontinued during the planning period. (3) Notwithstanding any other law,and in addition to the requirements in paragraphs(1)and(2),sites that currently have residential uses,or within the past five years have had residential uses that have been vacated or demolished,that are or were subject to a recorded covenant,ordinance,or law that restricts rents to levels affordable to persons and families of low or very low income,subject to any other form of rent or price control through a public entity's valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph(3)of subdivision(c) of Section 65915. (h) The program required by subparagraph (A) of paragraph (1) of subdivision(c)of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision(a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period.These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause(i)of subparagraph(B)of paragraph(3)of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and(iv) of subparagraph(B) of paragraph(3) of subdivision(c) and shall meet the standards set forth in subparagraph(B)of paragraph(5)of subdivision(b).At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent 91 2020-10-20 Agenda Packet Page 259 of 294 Ch.664 —26.._ residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project. (i) For purposes of this section and Section 65583, the phrase "use by right"shall mean that the local government's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit,or other discretionary local government review or approval that would constitute a"project"for purposes of Division 13 (commencing with Section 21000)of the Public Resources Code.Any subdivision of the sites shall be subject to all laws,including,but not limited to,the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that"use by right"does not exempt the use from design review. However, that design review shall not constitute a "project"for purposes of Division 13(commencing with Section 21000)of the Public Resources Code.Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5. 0) Notwithstanding any other provision of this section,within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30,2014,shall apply. (k) For purposes of subdivisions(a)and(b),the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585. (0 This section shall remain in effect only until December 31,2028,and as of that date is repealed. SEC. 16. Section 65583.2 of the Government Code, as amended by Section 4 of Chapter 958 of the Statutes of 2018,is amended to read: 65583.2. (a) A city's or county's inventory of land suitable for residential development pursuant to paragraph(3)of subdivision(a)of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (9) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, "land suitable for residential development"includes all of the sites that meet the standards set forth in subdivisions(c)and(g): (1) Vacant sites zoned for residential use. (2) Vacant sites zoned for nonresidential use that allows residential development. (3) Residentially zoned sites that are capable of being developed at a higher density, and sites owned or leased by a city, county, or city and county. (4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the sites,as necessary,to permit residential use,including sites owned or leased by a city,county,or city and county. (b) The inventory of land shall include all of the following: (1) A listing of properties by assessor parcel number. 91 2020-10-20 Agenda Packet Page 260 of 294 -27--- Ch.664 (2) The size of each property listed pursuant to paragraph (1),and the general plan designation and zoning of each property. (3) For nonvacant sites,a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8(commencing with Section 54220)of Chapter 5 of Part 1 of Division 2 of Title 5. (4) A general description of any environmental constraints to the development of housing within the jurisdiction,the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis. (5) (A) A description of existing or planned water,sewer,and other dry utilities supply,including the availability and access to distribution facilities. (B) Parcels included in the inventory must have sufficient water,sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service,to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory. (6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis. (7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction's general plan for reference purposes only. (c) Based on the information provided in subdivision(b),a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period,as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing,moderate-income housing, or above moderate-income housing.A nonvacant site identified pursuant to paragraph(3)or(4)of subdivision(a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality's housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are 91 2020-10-20 Agenda Packet Page 261 of 294 Ch.664 —28— affordable to lower income households. A city that is an unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right.The analysis shall determine whether the inventory can provide for a variety of types of housing,including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units,emergency shelters,and transitional housing.The city or county shall determine the number of housing units that can be accommodated on each site as follows: (1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency's calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density,then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated. (2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary,based on the land use controls and site improvements requirement identified in paragraph(5)of subdivision(a)of Section 65583, the realistic development capacity for the site,typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction,and on the current or planned availability and accessibility of sufficient water,sewer,and dry utilities. (A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing. (B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph,"site"means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision. (C) A site may be presumed to be realistic for development to accommodate lower income housing need if,at the time of the adoption of the housing element,a development affordable to lower income households has been proposed and approved for development on the site. (3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2),a city or county shall do either of the following: 91 2020-10-20 Agenda Packet Page 262 of 294 -29-- Ch.664 (A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand,financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households. (B) The following densities shall be deemed appropriate to accommodate housing for lower income households: (i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area:sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause(i):sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction:sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county:sites allowing at least 30 units per acre. (d) For purposes of this section,a metropolitan county,nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau.A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e) A jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph(3)of subdivision(c)and is located in a Metropolitan Statistical Area(MSA)of less than 2,000,000 in population,unless that jurisdiction's population is greater than 100,000, in which case it shall be considered metropolitan.A county,not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan. (f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for"suburban area"above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction's population is less than 25,000 in which case it shall be considered suburban. (g) (1) For sites described in paragraph(3)of subdivision(b),the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential.The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development,the city's or county's past experience with converting existing uses to higher density residential development,the current market demand for the existing use,an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or 91 2+020-10-2+0 Agenda Packet Page 263 of 294 Ch.664 —30— other incentives or standards to encourage additional residential development on these sites. (2) In addition to the analysis required in paragraph(1),when a city or county is relying on nonvacant sites described in paragraph(3)of subdivision (b)to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element.An existing use shall be presumed to impede additional residential development,absent findings based on substantial evidence that the use is likely to be discontinued during the planning period. (3) Notwithstanding any other law,and in addition to the requirements in paragraphs(1)and(2),sites that currently have residential uses,or within the past five years have had residential uses that have been vacated or demolished,that are or were subject to a recorded covenant,ordinance,or law that restricts rents to levels affordable to persons and families of low or very low income,subject to any other form of rent or price control through a public entity's valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph(3)of subdivision(c) of Section 65915. (h) The program required by subparagraph (A) of paragraph (1) of subdivision(c)of Section 65583 shall accommodate loo percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph(3) of subdivision(a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause(i)of subparagraph(B)of paragraph(3)of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii)and(iv)of subparagraph(B)of paragraph(3) of subdivision(c), and shall meet the standards set forth in subparagraph(B)of paragraph(5)of subdivision(b).At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed uses project. (i) For purposes of this section and Section 65583, the phrase "use by right"shall mean that the local government's review of the owner-occupied 91 2020-10-20 Agenda Packet Page 264 of 294 -31 Ch.664 or multifamily residential use may not require a conditional use permit, planned unit development permit,or other discretionary local government review or approval that would constitute a"project"for purposes of Division 13 (commencing with Section 21000)of the Public Resources Code.Any subdivision of the sites shall be subject to all laws,including,but not limited to,the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that"use by right"does not exempt the use from design review. However, that design review shall not constitute a "project"for purposes of Division 13(commencing with Section 21000)of the Public Resources Code.Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5. 0) For purposes of subdivisions(a)and(b),the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585. (k) This section shall become operative on December 31,2028. SEC. 16.5. Section 65583.2 of the Government Code, as amended by Section 4 of Chapter 958 of the Statutes of 2018,is amended to read: 65583.2. (a) A city's or county's inventory of land suitable for residential development pursuant to paragraph(3)of subdivision(a)of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph(9) of subdivision(c) of Section 65583,that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, "land suitable for residential development" includes all of the following sites that meet the standards set forth in subdivisions(c)and(g): (1) Vacant sites zoned for residential use. (2) Vacant sites zoned for nonresidential use that allows residential development. (3) Residentially zoned sites that are capable of being developed at a higher density, and sites owned or leased by a city, county, or city and county. (4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site,as necessary,to permit residential use,including sites owned or leased by a city,county,or city and county. (b) The inventory of land shall include all of the following: (1) A listing of properties by assessor parcel number. (2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property. (3) For nonvacant sites,a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8(commencing with Section 54220)of Chapter 5 of Part 1 of Division 2 of Title 5. 91 202+0-10-20 Agenda Packet Page 265 of 294 Ch.664 —32 -- (4) A general description of any environmental constraints to the development of housing within the jurisdiction,the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis. (5) (A) A description of existing or planned water,sewer,and other dry utilities supply,including the availability and access to distribution facilities. (B) Parcels included in the inventory must have sufficient water,sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service,to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory. (6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis. (7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction's general plan for reference purposes only. (c) Based on the information provided in subdivision(b),a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period,as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing,moderate-income housing, or above moderate-income housing.A nonvacant site identified pursuant to paragraph(3)or(4)of subdivision(a)in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality's housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. A city that is an unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right.The analysis shall determine whether the inventory can provide for a variety of types of housing,including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units,emergency shelters,and transitional housing.The city or county shall 91 2020-10-20 Agenda Packet Page 266 of 294 -33— Ch.664 determine the number of housing units that can be accommodated on each site as follows: (1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency's calculation of the total housing unit capacity on that site based on the established minimum density.If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density,then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated. (2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary,based on the land use controls and site improvements requirement identified in paragraph(5)of subdivision(a)of Section 65583, the realistic development capacity for the site,typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction,and on the current or planned availability and accessibility of sufficient water,sewer,and dry utilities. (A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing. (B) A site larger than to acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph,"site"means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision. (C) A site may be presumed to be realistic for development to accommodate lower income housing need if,at the time of the adoption of the housing element,a development affordable to lower income households has been proposed and approved for development on the site. (3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2),a city or county shall do either of the following: (A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand,financial feasibility,or information based on development project experience within a zone or zones that provide housing for lower income households. (B) The following densities shall be deemed appropriate to accommodate housing for lower income households: 91 2020-10-20 Agenda Packet Page 267 of 294 Ch.664 —34— (i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area:sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause(i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction:sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county:sites allowing at least 30 units per acre. (d) For purposes of this section,a metropolitan county,nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau.A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e) A jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph(3)of subdivision(c)and is located in a Metropolitan Statistical Area(MSA)of less than 2,000,000 in population,unless that jurisdiction's population is greater than 100,000, in which case it shall be considered metropolitan.A county,not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan. (f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for"suburban area"above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction's population is less than 25,000 in which case it shall be considered suburban. (g) (1) For sites described in paragraph(3)of subdivision(b),the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential.The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development,the city's or county's past experience with converting existing uses to higher density residential development,the current market demand for the existing use,an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. (2) In addition to the analysis required in paragraph(1),when a city or county is relying on nonvacant sites described in paragraph(3)of subdivision (b)to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to 91 2+020-10-2+0 Agenda Packet Page 268 of 294 -35— Ch.664 additional residential development during the period covered by the housing element.An existing use shall be presumed to impede additional residential development,absent findings based on substantial evidence that the use is likely to be discontinued during the planning period. (3) Notwithstanding any other law,and in addition to the requirements in paragraphs(1)and(2),sites that currently have residential uses,or within the past five years have had residential uses that have been vacated or demolished,that are or were subject to a recorded covenant,ordinance,or law that restricts rents to levels affordable to persons and families of low or very low income,subject to any other form of rent or price control through a public entity's valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph(3)of subdivision(c) of Section 65915. (h) The program required by subparagraph (A) of paragraph (1) of subdivision(c)of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision(a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause(i)of subparagraph(B)of paragraph(3)of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii)and(iv)of subparagraph(B)of paragraph(3) of subdivision(c), and shall meet the standards set forth in subparagraph(B)of paragraph(5) of subdivision(b).At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project. (i) For purposes of this section and Section 65583, the phrase"use by right"shall mean that the local government's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit,or other discretionary local government review or approval that would constitute a"project"for purposes of Division 13 (commencing with Section 21000)of the Public Resources Code.Any subdivision of the sites shall be subject to all laws,including,but not limited to,the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that"use by right"does not exempt the use from design review. However, that design review shall not constitute a 91 2020-10-20 Agenda Packet Page 269 of 294 Ch.664 —36— "project"for purposes of Division 13(commencing with Section 21000)of the Public Resources Code.Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5. 0) For purposes of subdivisions(a)and(b),the department shall provide guidance to local governments to properly survey, detail,and account for sites listed pursuant to Section 65585. (k) This section shall become operative on December 31,2028. SEC. 17. Section 65585.1 is added to the Government Code,to read: 65585.1. (a) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law, as provided in subdivision U}of Section 65585,as amended by Chapter 159 of the Statutes of 20191 if the department finds that any local government has taken an action in violation ofArticle 8(commencing with Section 54220)of Chapter 5 of Part 1 of Division 2 of Title 5. (b) Subdivisions(k),(1),(m),and(n)of Section 65585,as amended by Chapter 159 of the Statutes of 2019,shall apply for any violation of Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.Any fines imposed pursuant to subdivision(l of Section 65585 for a violation of Article 8(commencing with Section 54220)of Chapter 5 of Part 1 of Division 2 of Title 5 and deposited into the Building Homes and Jobs Trust Fund shall be available for expenditure upon appropriation by the Legislature. SEC.18. (a) Section 15.5 of this bill incorporates amendments to Section 65583.2 of the Government Code,as amended by Section 3 of Chapter 958 of the Statutes of 2018,proposed by this bill and Assembly Bill 957.That section of this bill shall only become operative if(1)both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 65583.2 of the Government Code, as amended by Section 3 of Chapter 958 of the Statutes of 2018, and (3) this bill is enacted after Assembly Bill 957,in which case that code section,as amended by Assembly Bill 957,shall remain operative only until the operative date of this bill,at which time Section 15.5 of this bill shall become operative,and Section 15 of this bill shall not become operative. (b) Section 16.5 of this bill incorporates amendments to Section 65583.2 of the Government Code, as amended by Section 4 of Chapter 958 of the Statutes of 2018,proposed by this bill and Assembly Bill 957.That section of this bill shall only become operative if(1) both bills are enacted and become effective on or before January 1,2020,(2)each bill amends Section 65583.2 of the Government Code,as amended by Section 4 of Chapter 958 of the Statutes of 2018,and(3)this bill is enacted after Assembly Bill 957, in which case that code section, as amended by Assembly Bill 957, shall remain operative only until the operative date of this bill, at which time Section 16.5 of this bill shall become operative,and Section 16 of this bill shall not become operative. 91 2020-10-20 Agenda Packet Page 270 of 294 -37 Ch.664 SEC. 19. If the Commission on State Mandates determines that this act contains costs mandated by the state,reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7(commencing with Section 17500)of Division 4 of Title 2 of the Government Code. 0 91 2020-10!-20►Agenda Packet Page 271 of 294 Attachment 3 From: PublicLands@HM To: Kevin,Pointer;Olmstead,Zachai[y@HCD Cc: PublicLands@HM; IDyers,Stephen@HC ;Wisotsky,Sasha@HCQ Subject: RE: Interpretation of Surplus Lands Act(AB 1486,Ting,2019) Date: Tuesday,April 2$,2920 2:56:12 PM Attachments: imageO03.png imagie004.pnig, imageO05.png Warning: External Email Kevin, In order not to have to comply with the current version of the Surplus Land Act ("SLA"), the land that is the subject of the City of Chula Vista's transaction would have to qualify as 6C exempt surplus land 37 under Government Code section 54221(f)(1). Alternatively, the City would not have to comply with the current version of the SLA if Government Code section 54234 applies, to the, transaction. Government Code sections 54221(f)(1) and 54234 are copied below for your reference. Please send any additional questions to Dublidandsahcd.ca.aov. 54221 (f) (1) Except as provided in paragraph (2), 99 exempt s,urus land�1 means any ft following: (A) Surpilus, land that is transferred pursuant to Section 25539.4. (B) Surplus, land that, is (i) less than 5,0100 square feet in area, (ii) less than the minimurn legal residential building lot size for the jurisdiction in which the parcel is located,, r , square feet in area, whichever is less, or (iii) has, no record access and is less than 10,010,0 square feet in aris not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-i n come housing purposes. If the surplus land is not sold to an owner of contiguous land, it, is not cons,idert surplus In and is subject to this, article. (C) Surplus land that a local agency is, exchanging for another property necessary for the agency's u . (D) Surplus land that a local agency is, transferring to another loctate, or federal agency for tuse., (E) Surplus land that is a former street, right of way, or easement, and is, conveyed to an owner of an adjacent property. (F) Surplus land that is put out to open, competitive bid by a local agency, provided all entities 'Identified 'in subdivision (a) of Section 54222 will be invited to participate in the competitive bid processJor elit of the following purposes: (i) A housing development, which may have ancillary commercial ground floor uses, that restricts 100, percent of the residential units to, persons and families of low or 2020-10-20 Agenda Packet Pale 272 of 294 moderate income, with at least 75 percent of the residential u� its restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.,5 or 501053 of the Health and Safety Code, for a minimum of 55 years for rental ing and 45 years for ownership housing, and in no event It the maximum affordable sales price or rent level be higher than 20 percent below tian market rents or sales prices for the neighborhood in which the site is located. (Ii) A mixed-use development that ire than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent of the residential units to lower income households, as defined in Section 500179.5 of the Health and Safet , with an affordable sales price or an affordable rent,, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 4,5 years for ownership housing. (G) Surplus land that is subject to valid legal restrictions, that are not imposed by the local agency and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avolid the prohibition on the site. An existing nonresidential land use desiginatithe surplus land is, not a legal restriction that would make housing prohibited for purposes, of'this subparagraph. Nothing in this article limits, a local jurisdiction's authority or discretion to, approve land use, zoning, or entitlement decis,ioins in connection with the surplus land. (H) Surplus land that was granted by the state in trust to a local agency or that was acq�uired by the local agency for trust purposes by pqui rchase or exchange, and for which disposal of the land 'is authorized or required subject to coind�itions established by statute. (l) Land that is subject to Sections, 173,88, 17'5,15, 175361, 81192, 81397, 8139,99 81420, and 814,22 of the Educatirt 14 (commenc�ing with Section 53570) of Division 31 of the Health and Safety Code, unless compliance with this article is expressly required. (J) Real property that is used by a district for ag�ency's, use expressly authorized in subdivision (c). (K) Land that has been transferred before Ju�n�e 30, 20195 by the state to a local agency puirsuarpt to Section 32667 of the Streets, and Highways, Code and has a minimurn planned residential density of at least nrlling units per acre, and includes 100 or more residentialuinits that, are restricted to persons and families fl or moderate income, as defined in Section 50,093 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 501052.5 and 501053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years, for ownership housing. For purposes of this paragraph, not more, than 20 percent of the affordablits may be restricted to persons, and filies of moderate income and at least 80 percent _ft affordable units must be restricted to persons and families of lower income as defined in Section 50079.,5 of the Health and Safet . 2020-10-20 Agenda Packet Pale 273 of 294 5423,4. (a) (1) If a local agency, as of September 30, 210,19, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property, the provisions of this article as itexisted on December 31, 2019, shall apply, without regard to the changes made to this article by the act adding this section,, to, the disposition of the property to the party that had entered into, such agreement or its successors or as,s,igns, provided the disposition is completed not later than December 3172022. (2) The dates specified in paragraph (1) by which the disposition of property must be completed shall be extended if the disposition of property, the local agency's right or ability to dispose of the property, or l project for which such property is proposed to, be transferred, is, the subject of judicial challenge, by petition for writ of mandate, complaint for declaratory relief or oltherwiise, to the date, that is six months following the final conclusion of such litigation. (b) (1) With respect to land held in the Community Redevelopment Property Trust Fund pursuant to, Section 3,41 91.4 of the Health and Safety Code, ort t has been designated 'in a long-range property management plan pursuant to Section 34,191.5 of the Health and Safety Code, either for sale or retained for future development, this article as it existed on December 31, 2019, without regard to the changes made to this article by the act adding this section which take effect on January 1, l apply to the disposition of such property if both of the following apply: (A) An exclusive negotiating agreement or legally blinding agreement for disposition is entered into, not later than December 31, 2020. (B) The dispos,itioln is completed not later than December 31, 20122. (2) If lrli in paragraph (1) is the subject of litigation, including, but not limited to, litigation challengling the disposition of such property, the right or ability to, dispose of the property, or a development project for which such property i's proposed to be transferred, the dates specified in paragraph (1) shall be extended to the date that is six months follow,ing the final conclusion of such litigation. (c) Nothing in this, section shall authorize or excuse any violation of the provisions of this article as it existed on December 31, 2019, in the disposition of any property to which such provisions apply pursuant to subdivision (a) or (b). Thank youl Ham"Son Ant"Xter Housing and Community Development Specialist "sari Igo Housing and Community Development 2020 W. El Camino Avenue, Suite 5001 Sacramento, CA 95833 916-263-1781 Phone. 2020-10-20 Agenda Packet Page 274 of 294 From: Kevin Pointer<kpointer @chulavistaca.gov> Sent: Monday, April 27, 2020 3:55 PM To: Olmstead, Zachary@HCD<Zach�ary.Olmstead@hcd�.ca.gov> Cc: PublicLands@HCD <publiclands@hcd.ca.gov> Subject: Interpretation of Surplus Lands Act (AB 1486, Ting, 2019) Good afternoon Deputy Director Olmstead, Early last year, the City of Chula Vista initiated a solicitation for developer proposals of city-owned puiblic lands for the purposes of developing a mixed-use, transit-oriented development. Affordable housing was among the allowable and prioritized land uses for the property.The solicitation was initiated prior to the effectiveness of AB 1.4 6.. Giiven that AB 1486 was not effective at the time the City of Chula Vista initiated the solicitation, notice the Iprolperty as surplus lands was not Iprovided to HCI or developers who have notified HCI of their interest in developing affordable housing on surplus lands. The City advertised the solicitation broadly to the development community, including to affordable housing developers. Some of the proposals received included the development of affordable housing. A councilmember has requested I ask HCC the following: Could the City of Chula Vista continue with this solicitation, selecting a development proposal received, and be deemed to have satisfied the requirements of AB 1.486 given that: 1) AB 1486 was not effective when the solicitation was initiated'; 2)the solicitation was broadly advertised to developers, including to affordable housing developers; and, 3) the City received proposals that include affordable housing? Will you or the appropriate HC D staff please provide a response to this councilmember's question? Additional information regarding the solicitation is available on the City's project webpage for reference: 11, -1 n - hul-vist- c htt Ywwwchulavistac businesses devel�o, ment v� �o�.o�rt u r i��J t [ch u�a Vi�_st.a�ca�o v� Kevin Pointer Senior Economic Development Specialist Economic Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (p) 619-691-5248 Rpointer&chuIavi,_;.taca,.(Y().v 2020-10-20 Agenda Packet Page 275 of 294 r WA jw AW OFFICE OF THE MAYOR Mary Casillas Salas ANEW— "E M 0 ctobe ' 15, 2020 To; Kerry Bigelow, City Clerk cc:. Sheree Kansas, C e uty City Clerk Il VIA: Adrianne Hernandez, Sr. Co n 'l Aide FROM: Mayor Mary Casillas Salas RE: Boards and Commissions Appointments The Mayor would like to recommend Michael Inzunza for appointment to the Charter Review Commission, Andrew Strong for appointment to the Measure A Citizens' oversight Commission as the Growth Management and Oversight ht t ommission representative and Elizabeth Moyer for appointment to the veterans Advisory Commission. Mr. Inzunza will replace Tom O'Donnell, Mr. Strong will replace Raymundo Alaturre, and Ms. Moyer will replace David Wynne. Please place this item on the October 20, 2020 Council agenda for ratification and schedule the oaths of office for the following council meeting.. Thank you,. 276 Fourth Avenue*Chula Vista e California 91910 @(619)691-5044 a Fax(619)476-5379 2020-10-20 Agenda Packetm � � „ vis Paper a . Page 276 f 294 „, I C ni Asomar NCSw.yci 1 tapYr Julia Sanchez From: Leah Larrarte on behalf of CityClerk Sent: Thursday, September 24, 2020 1:17 PM To: Julia Sanchez Subject: FIN: City of Chula Vista: Charter Review Commission Application - Web form Follow Up Flag: Follow up Flag Status: Flagged Please process! From:webmaster@chulavistaca.gov<webmaster@chulavistaca.gov> Sent:Thursday, September 24, 2020 12:18 PM To: CityClerk<CityClerk@chulavistaca.gov>;Adrianna Hernandez<adhernandez@chulavistaca.gov> Subject: City of Chula Vista: Charter Review Commission Application -Web form Warning: External Email i A new entry to a form/survey has been submitted. Form Name: Charter Review Commission Application Date&Time: 09/24/2020 12:17 PM Response#: 15 Submitter ID: 84608 IP address: 2600:8801:a 400:822:547 e:1577:ccd3:8d40 Time to complete: 16 min.,59 sec. Survey Details ...................................................................................................................................................................................................................................................................................................................................................................................... Page 1 Application for membership on the Charter Review Commission 1. Prefix (o) Mr. 2. First and Last Name Michael I nzunza 3. E-mail 4. Home Address ...................................................................................................................................................................................................................................................................................................................................................................................... 1 2020-10-20.agenda Packet Page 277 of 294 ...................................................................................................................................................................................................................................................................................................................................................................................... S. city Chula Vista 6. ZIP code 91913 7. Primary Phone 8. Secondary Phone Not answered 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? 40+years 12. Present employer Mater Dei Catholic High School 13. Occupation Administrator 14. Are you currently serving on a Chula Vista Board/Commission? (o) No 15. Which one(s)? Not answered 16. Have you previously served on a Chula Vista Board/Commission? (o) No 17. Which ones? Not answered 18. Per Chula Vista Municipal Code Section 2.25.030, I understand: -If I am currently serving on a board or commission,I must resign from my current board or commission if I am appointed. -I must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. (o) I have read and acknowledged the above statement. 19. Are you or have you been involved in any local,civic or community groups? ...................................................................................................................................................................................................................................................................................................................................................................................... 2 2020-10-20 Agenda Packet Page 278 of 294 ...................................................................................................................................................................................................................................................................................................................................................................................... (o)Yes 20. which ones? Chula Vista Chamber of Commerce, South County EDC,San Diego County Commissioner for Children Youth and Families, San Diego Foundation Arts&Scholarships board member 21. what are your principal areas of interest in our City government,and what experience or special knowledge can you bring to those areas? As a life long resident born and raised in Chula Vista, I've had a unique perspective both as an experienced government civic servant and as an administrative educator. I served former Chula Vista Mayor Greg Cox as his district director while he was Chairman of the County Board of Supervisors in the early 2000's and was appointed to several committees,commissions and boards to include SANDAL,South County EDC and the Chula Vista Chamber of Commerce. I have a civic-minded approach to government and public service where I would like to volunteer my background in supporting the city I love. 22. what would you hope to accomplish in the role of a Charter Review Commissioner?(250 words or less) I am excited that Chula Vista continues to be perhaps the fastest growing city in California and the 2nd largest city in our county that is governed by a council,mayor and city manager who maintain a safe and welcoming family community. My experiences working in County government,appointed commissions and my perspective as an education administrator in Chula Vista will give the charter review commission an experienced and balanced perspective. My goal and intention is to provide a transparent,equitable and responsible approach to educating our residents and advising the council of ballot measures and charter amendments that have a direct impact to our city. I would like to provide insight to oversee,advocate and support provisions and issues with a civic-minded interest in serving or neighbors. 23. You may upload a resume in addition to your application(optional). I n z u nza Com m u n ity Resu me.d ocx 24. The City understands meeting schedules and individual's availability may change.we ask that you consider the meeting schedule when submitting an application. (o) I have reviewed the Charter Review Commission regular meeting date,time and frequency. 25. 1 understand if I am selected to serve on this board or commission I will need to disclose certain economic interests(Form 700)in accordance with the City of Chula Vista's Conflict of Interest Code. (o) I have reviewed the City of Chula Vista's Conflict of Interest Code. 26. (o) I am familiar with the responsibilities of the Charter Review Commission. I attest that the information I have provided is accurate and true. ...................................................................................................................................................................................................................................................................................................................................................................................... Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 0 3 2020-10-20 Agenda Packet Pale 279 of 294 Michael E. Inzunza, M. Ed. Community objective: To serve Chula Vista as an appointed commissioner. app h apl i apl { 11 IIII� 0 ��„�` II II L G .L IIII� ��;Ilu r 111}i` u ii O II 1.li Assistant Principal for Safety& Discipline-Mater Dei High School Chula Vista Safety-Administrative designee to City of Chula Vista Police and Fire Department for emergency response. Responsible for TK- 12th grade campus emergency plan. Oversight of all faculty supervision and former San Diego County Sheriff s operated campus security firm. Responsible for staff CPR, safety certification and liaison to Chula Vista and Sweetwater District safety experts and Police Resource Officers. Discipline-Responsible for the guidance and enforcement of student code of conduct and all related issues relating to student behavior. Administrative appointee to parent communication and chairman of Board of Discipline. Leadership -Administrative appointee on-school wide leadership team, operations committee and weekly calendar meetings. Development of staff retreats, faculty meetings, guest speakers, assemblies and major school events. Associated Student Body Director—St.Augustine High School 2012-2018 Budget and Finance: Management of annual fiscal budgets for Associated Student Body, all class level budget expenditures, school ambassadors, Yearbook budget, student activities, off-campus events and fundraising allocations to clubs. Community: Organization of school wide volunteer service, Toy Drives for lady Children's Hospital, San Diego Food Bank, life-long volunteer to Hogar Infantil Augustinian Orphanage in Tijuana, ASB & Ambassadors volunteers support for over 10 non-profits. Leadership: Student Services meetings Co-Chair supporting campus ministry, student welfare, ASB and events. Founder and director of St. Augustine's student ambassadors (2007)—The Loyal Sons of St. Augustine. �I�lIli �IIII>� «{ll 0 I �<<' ��r�� �"�, ��fr�� �II� •l��lIli��II”�<<'l� 0 I�lIli��<<' �� I�lIli�ti1l�y`;'fi�l l ��lIli�r II" � ��lIli� � I>���{ << SII Ilu St.Augustine High School—San Diego, CA (2006-2012) Classroom teacher- 9 subjects in 4 departments of discipline. Sweetwater Union High School District—Chula Vista, CA (1998-1999) & (2001-2005) Special Assignment Teacher—Teen peer to peer media arts program educating 2020-10-20 Agenda Packet Page 280 of 294 schools on alcohol/drug abuse,pregnancy &responsible lifestyle (2001-2005) Palomar High School—Bilingual world History Teacher, Student Outreach Coordinator, Teen Pregnancy Prevention Council (1998-1999) San Diego County Board of Supervisors—District 1 (1999-2001) District Director to San Diego County Elected Supervisor Greg Cox Parks & Trails designee - SANDAG Bayshore Bikeway Responsible for district one representation in cities of Chula Vista,National City, Coronado, San Ysidro, Bonita, chambers of commerce, South County Economic Development Council, local planning groups, civic associations and United States/Mexico Border Counties Coalition. Responsible for district needs of community enhancements funds to include MAAC Project, South Bay Community Services, Barrio Station, Casa Familiar, Boys & Girls Clubs and other regional non-profits. San Diego Unified School District—San Diego, CA (1991-1998) Bilingual Testing Assessor—worked district wide testing proficiency of multilingual students to ensure appropriate instructional placement. (1995-1997) 0 San Diego County Commissioner on Children, Youth& Families - appointed by Chairman Greg Cox- District 1. 0 Sweetwater District Mariachi Scholarship Foundation(2006) 0 San Diego Foundation—Scholarship Selection Board Member(2001-2004) 0 San Diego Foundation—Arts & Culture Committee Board Member(2003-2004) 0 Bonita Business &Professional Association Committee Member(2003-2005) 0 Sweetwater District—Teen Pregnancy Prevention Program—Advisory Board (2002-2004) 0 Citizens Advisory Committee—Donovan Correctional Facility—Board Member(1999-2001) 0 Resolution from California Lt. Governor Cruz Bustamante—Excellence in Education (2002) 0 KSwB Hispanic Unsung Hero Award—Excellence in Community Education (2002) 0 Donovan Correctional Facility—Outstanding Service Award (2000) 0 San Diego County Substance Abuse Summit Media Award (2002) 0 SDSU—Outstanding Student Service Award (1992-1993) 0 SDSU—Outstanding Board Chairman Award—Cultural Arts Board ('92-'93) Master of Arts in Education: Curriculum and Instruction (2007-2008) University of Phoenix San Diego, CA Bilingual Single Subject Post Graduate Credential Classes (1997-1998) San Diego State University San Diego, CA Bachelor of Liberal Arts & Sciences in Sociology(1997) San Diego State University San Diego, CA 2020-10-20 Agenda Packet Page 281 of 294 11i01 San Diego County Chairman Greg Cox James Home, Principal - St. Augustine High Schoo Raquel Marquez, California School Boards Association Leticia Oseguera, Principal—Mater Del Juan Diego Academy 2020-10-20 Agenda Packet Page 282 of 294 Julia Sanchez From: Webmaster Sent: Saturday, September 26, 2020 1:41 AM To: CityClerk; Adrianna Hernandez; Claudia Bravo; Eric Thunberg Subject: City of Chula Vista: Veterans Advisory Commission Application - web form Warning: External Email A new entry to a form/survey has been submitted. Form Name: Veterans Advisory Commission Application Date&Time: 09/26/2020 1:41 AM Response#: 26 Submitter ID: 84681 IP address: 2600:8801:a300:18d:3d89:ed1c:1a4b:6bb7 Time to complete: 17 min.,26 sec. Survey Details ...................................................................................................................................................................................................................................................................................................................................................................................... Page 1 Application for membership on the Veterans Advisory Commission 1. Prefix (o) M rs. 2. First and Last Name Elizabeth Moyer 3. E-mail 4. Home Address S. city Chula Vista 6. ZIP code 91915 7. Primary Phone ...................................................................................................................................................................................................................................................................................................................................................................................... 1 2020-10-20.agenda Packet Page 283 of 294 ...................................................................................................................................................................................................................................................................................................................................................................................... 8. Secondary Phone Not answered 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? 10 years 12. Present employer U.S.Customs and Border Protection 13. Occupation Mission Support Specialist 14. Are you currently serving on a Chula Vista Board/Commission? (o) No 15. Which one(s)? N/A 16. Have you previously served on a Chula Vista Board/Commission? (o) No 17. Which ones? N/A 18. Per Chula Vista Municipal Code Section 2.25.030, 1 understand: -1f 1 am currently serving on a board or commission,1 must resign from my current board or commission if 1 am appointed. -1 must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. (o) I have read and acknowledged the above statement. 19. Are you or have you been involved in any local,civic or community groups? (o)Yes 20. Which ones? CAST/Mi escueita/VFW 21. What are your principal areas of interest in our City government,and what experience or special knowledge can you bring to those areas? The voice to help others has become louder within myself and having a platform to express it will give me a seat at the table to make a difference in the Veteran community. My story resonates with a lot of Veterans. I come from humble beginnings, being an immigrant to this country from Mexico. Having been raised by a single mother while I learned English, maintained ...................................................................................................................................................................................................................................................................................................................................................................................... 2 2020-10-20 Agenda Packet Page 284 of 294 ...................................................................................................................................................................................................................................................................................................................................................................................... good grades and kept a job to help my mother has taught me at a young age that one person Can truly make a difference. I started out my Naval career cleaning and painting the ship amongst other things that at the time were not the most prestigious but my attitude never changed. It was a job and i was going to do the best I could. I then transitioned into the medical field with a focus on Public Health in which I had the opportunity to lead a plethora of Service members. It was then when I firsthand experienced the impact I made on those that served under my leadership. I have an unorthodox way with connecting with people because I respect people for who they are regardless of a title and I make sure the pyramid of human needs are met. I served 15 years in U.S. Navy and although having not retired I know my calling is to help my Comrades in need.An emphasis on single parents,children of veterans and lastly the Veteran as a whole. I understand these principal areas seem daunting but I Want to approach this in a vertical integration and be the first city to do this. 22. What would you hope to accomplish in the role of a Veterans Advisory Commissioner?(250 words or less) As the Veteran Advisory Commissioner I would hope to accomplish vertical integration in tackling homelessness,education, disability compensation,and readjustment into the civilian sector for my fellow Veteran Comrades.This generation calls for a different protocol.We must learn from our past failures in the system but we should not stay stagnant. I want to challenge the topics mentioned via a fresh perspective, by bringing honest conversations to the table.The goal is to take lucrative steps and lead the way for other cities to follow suit regarding how we care for our Veterans in the city of Chula Vista. 23. You may upload a resume in addition to your application(optional). CUSTOMS10AUG20 RESUM E.docx 24. The City understands meeting schedules and individual's availability may change.We ask that you consider the meeting schedule when submitting an application. (o) I have reviewed the Veterans Advisory Commission regular meeting date,time and frequency. 25. (o) I am familiar with the responsibilities of the Veterans Advisory Commission. I attest that the information I have provided is accurate and true. ...................................................................................................................................................................................................................................................................................................................................................................................... Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 3 2020-10-20 Agenda Packet Page 285 of 294 ELIZABETH MOYER Chula Vista CA 01015 US Career objective: To further my career within the Federal Government US Customs& Border Protection, Department of Hometand Security Mission Support Specialist 08/2010-Present • Strengthens Northern California Pacific Branch within West Region by overseeing the administrative operations in a timely manner. • Assists in providing administrative support in Various capacities. These departments include budget, logistics and procurement, human resources, and records. • Utilizes Various software packages that included Microsoft office (Word, Excel, and PowerPoint), Time and Attendance (WebTA), Systems Application Products (SAP), Scan Snap and, SharePoint to ensure proper completion of processing, spreadsheets, and databases. • Upkeep of office records for 35 employees by inputting updates and various administrative changes to ensure accurate record maintenance to include payroll, retirement, health benefits, life insurance and Thrift Swings Plan. • Develops, maintains, and prepares office reports, memorandums and records for new equipment and excessing old equipment according to CBP guidelines. US Border Patrot, Department of Hometand Security Mission Support Assistant 04/2010-08/2010 • Strengthens the Department's within San Diego Sector by overseeing the front desk administrative operations in a timely manner. • Assists in providing administrative support in Various capacities. These departments included budget, logistics and procurement, human resources, and records and files management. • Utilizes Various software packages that included Microsoft office (Word, Excel, PowerPoint), ScanSnap to ensure proper completion of processing, spreadsheets, and databases. 2020-10-20 Agenda Packet Page 286 of 294 • Upkeep of office records by inputting updates and various administrative changes to ensure accurate record maintenance. • Develops, maintains, and prepares office reports, memorandums and records. City of Chuta Vista Volunteer 04/2016 - Present • Citizen Adversity Support Team (CAST),volunteer to provide 24-hour trauma coverage for the community. • Trained to provide emotional support, arrange for funeral services, serve as advocate for rape victims and assist families with their unique needs in time of trauma. • The CAST program is a coalition of the Chula Vista Police and Fire Departments, American Medical Service, Scripps Memorial Hospital, Sharp Chula Vista Medical Center, Greenwood Mortuary, and Glenn Abby Mortuary. US Department of Defense, US Navy Staff Education and Training, Manager 11/2015 - 10/2016 • Led 82 personnel and 6 Department Heads in providing military and professional education services to 6K staff. • Supervised and trained 220 Training officers, reviewed and inspected 5800 training records,tracked required t ra i n i n gs a n d executed quarterly meetings. Achieved 06% compliance for the command. • Guided 51 instructors through 2 leadership trainings of 640 personnel in the subjects of character, loyalty, active communications, heritage, professionalism, institutional, and technical expertise. US Department of Defense, US Navy Public Health Program, Manager 11/2014 - 12/2015 • Managed various public health teams, campaigns, and programs with increasing scope and responsibility among the military communities of Southern California for 10+years. • Administrated an $18.3M public health education campaign program. • Supervised,trained, and managed a team of 14 public health specialists/trainers 2020-10-20 Agenda Packet Page 287 of 294 • Delivered 750 hours of training in a 5 month period throughout the military community in Southern California; resulted in 90% compliance among a population of 00,000 people. • Developed and coordinated the production of a video training and associated materials that improved the impact of a suicide awareness campaign. • Led 12 facilitators through the delivery of hundreds of hours of instruction on various personal health issues. • Managed a project that redistributed $86K of miscellaneous admin and health program equipment; resulting in recognition of an award for contributions that enhanced organizational health and welfare. • Restructured and led a department of 72 public health professionals providing services to various Marine Corps units throughout San Diego area which resulted in more efficient staffing and reduced organizational spending. • Established a public health employee mentorship program according to published directives; resulted in increased promotions and improved occupational competencies. US Department of Defense, US Navy Public Health Programs Supervisor 7/2007 - 11/2014 • Supervised 25 technicians who provided public health education and inspection services for 75,000 personnel at military installations in San Diego, CA area and Bahrain • oversaw the program the delivered 18,000 influenza vaccinations. • Managed Tuberculosis Control Program training for providers by designing a public health template for 212 staff • Implemented and executed improved patient services and 100% compliance of Bureau of Medicine policies. • Led a team of 16 specialists for 10 humanitarian aid operations in Vietnam, Cambodia, Indonesia, Timor Geste, and other nations throughout the Pacific Rim while assigned to duties aboard the USS Mercy • Customized/restructured preventive medicine standard operating procedures to fit the ships requirements. • organized, developed and planned for the use of patient color-coded wristbands which improved medical care delivery, wait times and patient flow for 4,000+ patients US Department of Defense, US Navy 2020-10-20 Agenda Packet Page 288 of 294 Military Personnel Administrator 7/2007 - 11/2014 • Held Various administrative positions With increasing responsibility and scope for organizations up to 2,500 medical service employees • Supervised, oriented, and trained teams of 6 administrative specialists in military career counseling and human resources. • Directed training, promotions, awards, reenlistments, extensions, bonuses, and assignments of military medical professionals. • oversaw the processing and documentation of thousands of employee actions; resulted in timely and efficient personnel administration, and received 0 5-star customer service citations for outstanding customer service. • Mentored and coached the professional development and personal health and welfare of junior employees through personal safety and physical fitness/wellness program training; resulted in improved physical fitness test scores, improved team performance and cohesion. EDUCATION TRIDENT UNIVERSITY, Cypress, CA • Bachelor's Degree, Health Sciences (2011) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, Bahrain • occupational Safety and Health Administration, Certification (2011) References: Avoiloble Upon Request 2020-10-20 Agenda Packet Page 289 of 294 Lea h La rra rte From: webmaster@chulavistaca.gov Sent: Thursday, October 01, 2020 12:33 PM To: CityClerk; Adrianna Hernandez; Claudia Bravo Subject: City of Chula Vista: Citizens' Oversight Committee Application - web form Warning: External Email A new entry to a form/survey has been submitted. Form Name: Measure A Citizens' Oversight Committee Application Date&Time: 10/01/2020 12:33 PM Response#: 42 Submitter ID: 54895 IP address: 170.213.22.140 Time to complete: 29 min.,44 sec. Survey Details Page 1 Application for membership on the Measure A Citizens' oversight Committee 1. Prefix (o) Mr. 2. First and Last Name Andrew Strong 3. E-mail 4. Home Address S. city Chula Vista 6. ZIP code 91913 7. Primary Phone 1 2020-10-20.agenda Packet Page 290 of 294 8. Secondary Phone 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? 14 Years 12. Present employer County of San Diego 13. Occupation Chief Administrative officer's Chief of Staff 14. Are you currently serving on a Chula Vista Board/Commission? (o)Yes 15. Which one(s)? Growth Management oversight Commission 16. Have you previously served on a Chula Vista Board/Commission? (o) No 17. Which ones? Not answered 18. Are you or have you been involved in any local,civic or community groups? (o) No 19. Which ones? Not answered 20. Certain seats on the Citizens'Oversight Committee require nomination by specific Nominating Authorities. If you are applying for one of these seats,please select your Nominating Authority below;otherwise,select"none": (o)Growth Management oversight Commission 21. What are your principal areas of interest in our City government,and what experience or special knowledge can you bring to those areas?(250 words or less) My principle areas of interest in our city's government are related to the fiscal stability and human resources management within the city. I'm able to bring my knowledge and experience from the Growth and oversight Management Commission as well as my 12 years of experience as staff, management, and executive leadership in local government to these areas on this Committee. 22. What would you hope to accomplish in the role of a Member of the Citizens'Oversight Committee?(250 words or less) As a member of this Committee I hope to contribute greatly to the fair and equitable use of Measure A funds throughout city government. 2 2020-10-20 Agenda Packet Pale 291 of 294 23. 1 understand that to be considered,I must submit a resume along with this application. Andrew Strong Resu me.pdf 24. (o) I am familiar with the responsibilities of the Citizens' oversight Committee. I declare under penalty of perjury under the laws of the State of California that the information I have provided is accurate and true. Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 3 2020-10-20 Agenda Packet Page 292 of 294 Andrew Strong SUMMARY Business administration leader with over 12 years of experience. Experience includes organizational development, human resources and business administration; this includes 8 years of progressive management and leadership experience. PROFESSIONAL, [2016-Present] COUNTY OF SAN DIEGO San Diego, CA EXPERIENCE CHIEF ADMINISTRATIVE OFFICE Chief of Staff Direct and coordinate planning and project activities with County departments and other public agencies. Prepare detailed work plans for assigned projects including the methodology for needs assessments and allocation of resources. Monitor progress and evaluate the performance of projects. Prepare reports for the Board of Supervisors, governmental agencies, and other legislative bodies. Manage the day-to-day operations of the Chief Administrative Office including supervision of office staff and management of the office budget. [2014-2016] COUNTY OF SAN DIEGO San, Diego, CA PLANNING & DEVELOPKENT SERVICES Chief of Support Services Oversaw the management of all department administrative functions including regulatory and operating procedures in the areas of budget and fiscal management, organizational development, contract management, facility management, supply, and information technology. Managed 3 business units composed of 35 employees and 4 direct reports. Oversaw the development and management of the department's 35 million dollar budget. Prepared and presented the 5-year financial forecast and quarterly reports to Executive Management. Oversaw the Performance Improvement Team, responsible for integrating operational improvements and information technology for continuous improvement innovations. Oversaw the management and performance of 40+ contracts and agreements while ensuring compliance with laws and regulations. Oversaw the management of 2 facilities and 40 fleet vehicles. 2020-10-20 Agenda Packet Pale 293 of 294 [2012-20141 COUNTY OF SAN DIEGO San Diego, CA FINANCE & GENERAL GOVERNMENT GROUP CHIEF ADMINISTRA TVE OFFICE STAFF OFFICER Served as the primary executive office liaison to the Board of Supervisors and County departments. Worked with the Finance and General Government departments to establish and revise over 30 policies and administrative procedures. ♦ Served on the County's Strategic Planning Support Team which consisted of'coordinating ongoing strategic activities (gap analysis and strategic planning) and presented results and recommendations to Executive Management. Provided direct support in the development and implementation of strategies to achieve Countywide and department strategic goals. ► Provided support in the development and ongoing monitoring of the County's $4.8 billion two-year operational plan and 5 year financial forecast including quarterly operational and financial reports to the Chief Administrative Officer. [2008-2012] COUNTY OF SAN DIEGO San Diego, CA DEPARTMENT OF HUMAN RESOURCES HUMAN RESOURCES ANALYST Applied instructional design techniques and adult learning theory to develop and facilitate numerous training programs. Used various e-learning authoring programs to design, develop and implement online training. Conducted needs assessments. Served as the project lead on numerous training courses for administrative level staff, professional staff and executives Led the development and implementation of the County's Professional Enrichment Seminars that included the 7 Habits of Highly Effective People, change management and administrative skill development courses. Developed and implemented the County's Diversity and Inclusion training program. Led the County's Workforce Academy for Youth training program an emancipated foster youth internship/mentor program). CESTI FICA111ONS DISCert Certified Facilitator Franklin Covey Certified Client Facilitator International Public Management Association Certified Professional EDUCATION NATIONAL UNIVERSITY Human Resources Management, MA SOUTHERN ILUNOIS UNIVERSITY Workforce Education & Development, Emphasis in Training, BA 2020-10-20 Agenda Packet Page 294 of 294