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HomeMy WebLinkAbout2022/10/25 Post Agenda Packet REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, October 25, 2022, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings Cox channel 24 in English only Welcome to your City Council Meeting PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways: In-Person. The community is welcome to make public comments at this City Council meeting. Masks or face coverings are recommended in Council Chambers and all City conference and meeting rooms. • Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted until the conclusion of public comments for the item and are viewable online upon submittal. If you have difficulty submitting eComments, email comments to: cityclerk@chulavistaca.gov. • HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to Spanish, please click on "ES" in the bottom right hand corner. Meetings are available anytime on the City's website (English and Spanish). ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations 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. SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor. - Five minutes* for specific items listed on the agenda - Three minutes* for items NOT on the agenda (called to speak during Public Comments) - A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. *Individuals who use a translator will be allotted twice the amount of time. GETTING TO KNOW YOUR AGENDA Agenda Sections: CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote. Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items. PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda. PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. The hearing is closed, and the City Council may discuss and take action. ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input. CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law. Council Actions: RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective immediately. ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval. PROCLAMATIONS are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. 2022/10/25 City Council Post Agenda Page 2 of 407 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.CONSENT CALENDAR (Items 4.1 through 4.9) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. RECOMMENDED ACTION: To approve the recommended actions appearing below consent calendar Items 4.1 through 4.4; 4.6; and 4.8 through 4.9. The headings were read, text waived. The motion carried by the following vote: RECOMMENDED ACTION: To approve the recommended actions appearing below consent calendar Items 4.5 and 4.7. The headings were read, text waived. The motion carried by the following vote: 4.1.Approval of Meeting Minutes 8 RECOMMENDED ACTION: Approve the minutes dated: April 26,2022, May 3, 10, 17 and 24, 2022, and June 7, 14 and 14 (Special), 2022. 4.2.Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 4.3.Consideration of Requests for Excused Absences RECOMMENDED ACTION: Consider requests for excused absences as appropriate. No requests were received at that meeting. 4.4.Employee Compensation and Positions: Adopt an Ordinance to Update the List of Unclassified City Position Titles (Second Reading) 71 Report Number: 22-0249 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Development Project Manager and delete the position title of Bayfront Development Project Manager. (Second Reading) (4/5 Vote Required) 2022/10/25 City Council Post Agenda Page 3 of 407 4.5.Grant Submittals: Authorize the Submittal of Three Active Transportation Program Grant Applications to SANDAG 78 Report Number: 22-0271 Location: (1) F Street between Broadway and Fourth Avenue; (2) westerly and parallel to Bay Boulevard between Lagoon Drive and H Street within the inactive railroad corridor for the Coronado Branch Line Railroad; (3) citywide, no specific geographic location. Department: Development Services & Engineering Environmental Notice: Applications 1 and 2: The activity qualifies for an Exemption pursuant to the California Environmental Quality Act (“CEQA”) State Guidelines Section 15301 Class 1 (Existing Facilities); Section 15303 Class 3 (New Construction or Conversion of Small Structures); Section 15304 Class 4 (Minor Alterations to Land); Section 15183 (Projects Consistent with a Community Plan or Zoning); and Section 15061(b)(3). Application 3: The activity is not a “Project” as defined under Section 15378 of the CEQA State Guidelines; therefore, pursuant to Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt a resolution authorizing the submittal of three Active Transportation Program grant applications to the San Diego Association of Governments (SANDAG) for the (1) F Street Promenade – Phase 2, (2) Bayshore Bikeway – Lagoon Drive to H Street, and (3) Trails Master Plan projects, and state the City’s assurance to complete the projects. 4.6.Grant Award and Appropriation: Accept Grant Funds from California Office of Traffic Safety for Selective Traffic Enforcement Program 98 Report Number: 22-0281 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting $510,000 from the California Office of Traffic Safety and appropriating $385,095 to the Police Grants Section of the Federal Grants Fund for the Selective Traffic Enforcement Program. (4/5 Vote Required) 2022/10/25 City Council Post Agenda Page 4 of 407 4.7.Agreement: Approve a Two-Party Agreement with KTUA for Design, Pre- Construction, and Construction Administration for Eucalyptus Park Renovations 102 Report Number: 22-0261 Location: 436 C Street Department: Development Services Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). RECOMMENDED ACTION: Adopt a resolution approving a two-party agreement with KTUA for design, pre- construction, and construction administration for Eucalyptus Park renovations. 4.8.Agreement: Approve a Two-Party Agreement with DeLorenzo International, Inc. for Design, Pre-Construction, and Construction Administration for Patty Davis Park Renovations 141 Report Number: 22-0224 Location: D Street right-of-way between Woodlawn Avenue and the MTS Blue Line Rail corridor Department: Development Services Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) State Guidelines Section 15304 Class 4 (Minor Alterations to Land) and Section 15332 Class 32 (In-Fill Development Projects). RECOMMENDED ACTION: Adopt a resolution approving a two-party agreement with DeLorenzo International, Inc. for design, pre-construction, and construction administration for Patty Davis Park. 4.9.Purchase Agreements: Approve a Purchase Agreement with South Coast Fire Equipment and a 10-Year Lease Purchase Agreement with JP Morgan Chase Bank for Two Pierce Fire Engine Pumper Apparatuses and One Tiller Drawn Aerial Apparatus 174 Report Number: 22-0253 Location: No specific geographic location Department: Fire 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. 2022/10/25 City Council Post Agenda Page 5 of 407 RECOMMENDED ACTION: Adopt a resolution approving a sole source purchase agreement with South Coast Fire Equipment for two Pierce Fire Engine Pumper Apparatuses and one Tiller Drawn Aerial in the amount of $3,986,966.63 and a 10-year lease-purchase agreement with JP Morgan Chase Bank for said purchase. 5.PUBLIC COMMENTS 226 The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 6.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. 6.1.Measure P: Presentation of an Update on the Measure P Sales Tax Fund Expenditure Plan for Infrastructure, Facilities, and Equipment 228 Location: No specific geographic location Department: Administration 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. 6.2.Tenant Protections: Consideration of an Ordinance Regarding Local Tenant Protections to Address No-Fault Just Cause Terminations of Tenancy and Harassment 267 Report Number: 22-0185 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Consider placing an ordinance on first reading to add Chapter 9.65 to the Chula Vista Municipal Code entitled "Residential Tenant Protection Ordinance." (First Reading) 7.CITY MANAGER’S REPORTS 8.MAYOR’S REPORTS 9.COUNCILMEMBERS’ COMMENTS 10.CITY ATTORNEY'S REPORTS 2022/10/25 City Council Post Agenda Page 6 of 407 11.ADJOURNMENT to the regular City Council meeting on November 1, 2022, at 5:00 p.m. in the Council Chambers. Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP In accordance with California Government Code Section 66458(d), notice is hereby given that the City Engineer has reviewed and, immediately following this City Council meeting of October 25, 2022, will approve the following final map: City of Chula Vista Tract No. 19-03, Otay Ranch Village 8 West, Planning Area “V” – PRJ21003 Specifically, the City Engineer has caused the map to be examined and has made the following findings: (1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct. Said map will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer's action to City Council no later than 2:00 p.m., 10 calendar days from the date of this City Council meeting. A valid appeal must identify the improper/incorrect finding and the basis for such conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Boushra Salem, Principal Civil Engineer at (619) 409-5483, or at bsalem@chulavistaca.gov. 2022/10/25 City Council Post Agenda Page 7 of 407 City of Chula Vista Regular Meeting of the City Council Meeting Minutes April 26, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, Mayor Casillas Salas Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented except for Item 4.3, which was heard before Item 4.2 and Item 8.2, which was heard before Item 7.1. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:09 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. Councilmember Padilla left the meeting at 8:09 p.m. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Galvez led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office  Timothy Aufmuth - Commission on Aging  Ed Flores - Safety Commission City Clerk Bigelow administered the oaths of office, and Councilmembers McCann and Padilla presented certificates to Commissioners Aufmuth and Flores. 2022/10/25 City Council Post Agenda Page 8 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 2 4.2 Update by Regional Sustainability San Diego County Program Manager Murtaza H. Baxamusa on Local Policy Opportunity Analysis "A Partnership to Move the Region to Zero Carbon" Regional Sustainability San Diego County Program Manager, Dr. Baxamusa gave a presentation on the item. 4.3 Presentation of a Proclamation Proclaiming April 27 through April 28, 2022 as the Day of Remembrance in the City of Chula Vista Mayor Casillas Salas read the proclamation, and Councilmember Cardenas presented it to Sandy Scheller and Rabbi Mendy. Sandy Scheller shared a video in memory of Harry Rosen and spoke of his accomplishments. 5. CONSENT CALENDAR (Items 5.1 through 5.9) Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended actions appearing below consent calendar Items 5.1 through 5.9. The headings were read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: August 24, September 14, and 28, 2021 5.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Consideration of Requests for Excused Absences Consider requests for excused absences as appropriate. No requests were received at that meeting. 5.4 Temporary Road Closure: Approve a Temporary Closure of Park Way for a Weekly Third Avenue Village Farmers Market from Third Avenue to Fourth Avenue on Sundays from 7 a.m. to 4 p.m. Tina Matthias submitted written communications in support of staff's recommendation. Adopt a resolution approving a temporary closure of the westbound lane of Park Way, north of the median, for a weekly Third Avenue Village Farmers Market from Third Avenue to Fourth Avenue on Sundays from 7 a.m. to 4 p.m. through April 30, 2023, subject to conditions of approval, and waiving all City fees. 2022/10/25 City Council Post Agenda Page 9 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 3 RESOLUTION NO. 2022-083 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TEMPORARY STREET CLOSURE OF THE WESTBOUND LANE OF PARK WAY, NORTH OF THE MEDIAN, FROM THIRD AVENUE TO FOURTH AVENUE, FOR THE WEEKLY THIRD AVENUE VILLAGE FARMERS MARKET ON SUNDAYS FROM 7 A.M. TO 4 P.M. THROUGH APRIL 30, 2023 5.5 Contract Award: Award a Contract to Iteris, Inc. to Perform Traffic Signal Retiming Services Adopt a resolution awarding a professional services contract to Iteris, Inc. to perform traffic signal retiming services for the portion of Chula Vista generally east of Interstate 805. RESOLUTION NO. 2022-084 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND ITERIS, INC. TO PROVIDE TRAFFIC SIGNAL RETIMING SERVICES 5.6 Agreement and Reallocation: Amend the American Rescue Plan Act Spending Plan, Authorize an Amendment and Subrecipient Agreement with SBCS for the Domestic Violence Program, and Reallocate Funds for that Purpose Approve a resolution (1) amending the American Rescue Plan Act (“ARPA”) Spending Plan; (2) approving a subrecipient agreement with the SBCS Domestic Violence Program; and (3) reallocating funds for that purpose. RESOLUTION NO. 2022-085 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING A FOURTH AMENDMENT TO THE AMERICAN RESCUE PLAN ACT SPENDING PLAN AND AUTHORIZING THE CITY MANAGER, AS SET FORTH IN THIS RESOLUTION, TO EXECUTE ANY REQUIRED DOCUMENTS OR AGREEMENTS WHICH MAY BE NECESSARY TO IMPLEMENT SAID AMENDMENT, (2) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH SBCS CORPORATION FOR THE DOMESTIC VIOLENCE SERVICES PROGRAM, AND (3) REALLOCATING FUNDS THEREFOR 5.7 Contract: Approve Contract with Ace Parking, Inc. for Third Avenue Parking District Management and Enforcement for Fiscal Year 2022 Adopt a resolution waiving the competitive bidding process as outlined in Municipal Code Section 2.56.070.B.3, and approving an agreement with Ace Parking, Inc. RESOLUTION NO. 2022-086 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ACE PARKING FOR PARKING MANAGEMENT AND ENFORCEMENT SERVICES 5.8 Aerial Truck Purchase: Approval of the Purchase of One Pierce Arrow XT 107’ Tractor Drawn Aerial through Measure P Adopt a resolution approving the purchase of one Pierce Arrow XT 107’ Tractor Drawn Aerial (TDA) in compliance with the Measure P Expenditure Plan. 2022/10/25 City Council Post Agenda Page 10 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 4 RESOLUTION NO. 2022-087 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING THE PURCHASE OF ONE PIERCE ARROW XT 107’ TRACTOR DRAWN AERIAL TO BE PURCHASED THROUGH THE MEASURE P EXPENDITURE PLAN 5.9 Measure A Public Safety Expenditure Plan: Amend the Measure A Public Safety Expenditure Plan to Purchase Five Vehicles for the Police Department Adopt a resolution approving the amended Measure A Public Safety Expenditure Plan, to purchase five vehicles for the Police Department and amending the Fiscal Year 2022 expenditure budget for the Measure A Sales Tax Fund to fund the vehicles out of the Measure A fund. RESOLUTION NO. 2022-088 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED MEASURE A PUBLIC SAFETY EXPENDITURE PLAN TO PURCHASE FIVE VEHICLES FOR THE POLICE DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS There were none. 7. PUBLIC HEARINGS 7.1 Community Facilities District Annexation: Election Regarding Annexation of Otay Ranch Village 3 Neighborhood R-20 into Community Facilities District 97-2 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. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. City Clerk Bigelow announced that no written protests had been received by the City Clerk. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-089, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) 2022/10/25 City Council Post Agenda Page 11 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 5 A) RESOLUTION NO. 2022-089 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA “C” THERETO City Clerk Bigelow reported that 51 votes in favor and no votes opposed had been received. Moved by Mayor Casillas Salas Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-090, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) B) RESOLUTION NO. 2022-090 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA “C” ANNEXATION NO. 12 AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA 7.2 Community Facilities District Annexation: Election Regarding Annexation of Otay Ranch Village 3 Neighborhood R-20 into Community Facility District 18M 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. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. City Clerk Bigelow announced that no written protests had been received by the City Clerk. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-091, heading read, text waived. The motion carried by the following vote: A) RESOLUTION NO. 2022-091 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3), MAKING CERTAIN 2022/10/25 City Council Post Agenda Page 12 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 6 DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3) City Clerk Bigelow reported that 51 votes in favor and no votes opposed had been received. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-092, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) RESOLUTION NO. 2022-092 OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3), ANNEXATION NO. 1 AND ADDING SUCH TERRITORY TO THE DISTRICT. 7.3 Municipal Code Amendment: Amend the Chula Vista Municipal Code Related to Allowing Two-Unit Developments and Urban Lot Splits, as Required by Senate Bill 9, Recent State Legislation adopted to Increase Housing Opportunities 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. Councilmember McCann stated he would abstain from voting on the item due to a potential property-related conflict of interest and he left the dais during the discussion and voting on the item Planning Manager Phillips gave a presentation on the item and responded to questions of the Council Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Councilmember Galvez spoke regarding design standards and parking in Northwest Chula Vista. Moved by Councilmember Galvez Seconded by Deputy Mayor Cardenas To place the above ordinance on first reading, heading read, text waived. The motion was carried by the following vote: 2022/10/25 City Council Post Agenda Page 13 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 7 Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas Abstain (1): Councilmember McCann Result, Carried (4 to 0) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 18.18 (TENTATIVE PARCEL MAPS) AND 19.58 (USES); AND SECTIONS 5.68.050 (SHORT-TERM RENTALS – ELIGIBILITY REQUIREMENTS), 19.22.020 (R-E – RESIDENTIAL ESTATE ZONE – PERMITTED USES) AND 19.24.020 (R-1 – SINGLE-FAMILY RESIDENCE ZONE – PERMITTED USES) TO IMPLEMENT SENATE BILL 9 (FIRST READING) 7.4 Military Equipment Policy: Consideration of Approving the Chula Vista Police Department’s Military Equipment Policy 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. Police Chief Kennedy introduced the item; Captain Dan Peak and Sergeant James Petray gave a presentation and responded to questions of the Council. Mayor Casillas Salas opened the public hearing. The following members of the public spoke in opposition to the item:  Gretel Rodriguez, Chula Vista Resident  Benjamin Bravo, representing the U.S. - Mexico Border Program  Norell Martinez David Oyos, representing the Police Officers Association, spoke in support of the item. The following members of the public submitted written communications in opposition to the item:  Kathy Cappos Hardy  Elisa Hedrick  Margaret Baker  Z. Williams  Dr. Norell Martinez  Adrian Jasso  Monica Hernandez  Pedro Rios, representing American Friends Service Committee's US Mexico Border Program  John Lindsay-Poland  Kristopher T. Hendricks  Sophia Rodriquez  Lynn DeHahn  Lily Irani  Nancy Relaford  Monica Santos 2022/10/25 City Council Post Agenda Page 14 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 8  Elijah Martinez Jensen  Claudia  Frank Riley There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Council discussion ensued. Moved by Councilmember Padilla Seconded by Councilmember McCann To place the above ordinance on first reading, heading read, text waived. The motion was carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA POLICE DEPARTMENT’S MILITARY EQUIPMENT POLICY (FIRST READING) 7.5 Sewer Rates: Consider Increase to Sewer Rates and Resolution Adopting Sewer Rate Increases and Approving Other Sewer Rate Study Recommendations 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. Senior Civil Engineer Gentry gave a presentation on the item, she and Engineering and Capital Projects Director Valle responded to questions of the Council Mayor Casillas Salas opened the public hearing. Dave Young expressed concern about the process of calculating the increase. Dr. Norell Martinez submitted written communications in opposition to staff's recommendation. There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. City Clerk Bigelow announced that 192 protests had been received by the City Clerk, which did not constitute a majority protest. Council discussion ensued. Moved by Councilmember Galvez Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-093, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas 2022/10/25 City Council Post Agenda Page 15 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 9 Result, Carried (5 to 0) RESOLUTION NO. 2022-093 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (1) ACCEPTING THE SEWER RATE STUDY; (2) APPROVING THE STUDY’S RECOMMENDATIONS FOR FISCAL YEARS 2021/22 THROUGH 2025/26, (3) ADOPTING INCREASED SEWER RATES AND APPROVING AMENDMENTS TO THE MASTER FEE SCHEDULE; (4) AUTHORIZING THE PASS-THROUGH OF ALL FUTURE FEES AND CHARGES IMPOSED FOR WHOLESALE CHARGES FOR SEWAGE TREATMENT OR WASTEWATER TREATMENT; (5) APPROVING AMENDMENTS TO CITY COUNCIL POLICY 220 - 04; (6) AUTHORIZING AN INCREASE TO THE SERVICE CHARGE REVENUE ALLOCATIONS TO THE SEWERAGE FACILITIES REPLACEMENT FUND; AND (7) APPROPRIATING SIX MILLION DOLLARS FROM THE TRUNK SEWER CAPITAL FUND TO THE SEWER SERVICE REVENUE FUND (4/5 VOTE REQUIRED) 7.6 Vacation of Streets: Approve Vacations of a Portion of Marina Parkway and a Portion of G Street as Part of the Bayfront Development 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. Mayor Casillas Salas opened the public hearing. There was a consensus of the Council to continue the item to the May 10, 2022 meeting. Councilmember Padilla left the meeting at 8:09 p.m. 8. ACTION ITEMS 8.1 Contract Amendment: Approve an Amendment to the Contract with the Board of Administration and CalPERS for Local Safety Police Officer’s Association Classic Members to Make an Additional Contribution Pursuant to Government Code Section §20516 Human Resources Director Chase gave a presentation on the item. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-094 and place the below ordinance on first reading, headings read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) A) RESOLUTION NO. 2022-094 OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY OF CHULA VISTA TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE CHULA VISTA POLICE OFFICERS’ ASSOCIATION OF ONE PERCENT OF SALARY EFFECTIVE JULY 1, 2022 2022/10/25 City Council Post Agenda Page 16 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 10 B) ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE CHULA VISTA POLICE OFFICERS’ ASSOCIATION OF ONE PERCENT OF SALARY EFFECTIVE JULY 1, 2022 (FIRST READING) 8.2 San Diego Community Power: Presentation by San Diego Community Power Chief Operating Officer Cody Hooven Regarding the Residential Power Launch in Chula Vista San Diego Community Power Chief Operating Officer Cody Hooven gave a presentation on the item and responded to questions of the Council. Council discussion ensued. The following members of the submitted written communications in support of the item:  Carolyn Scofield, Chula Vista resident  Tina Matthias, Chula Vista resident Cynthia Brown, Chula Vista resident, expressed concern regarding the program. 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS Mayor Casillas Salas thanked City and Port of San Diego staff for their efforts on the Bayfront project. 10.1 Ratification of Appointment to the Following Boards & Commissions:  Beatrice Zamora-Aguilar - Cultural Arts Commission  Daniel Zavala - Cultural Arts Commission  Arnold Luke - Safety Commission  William Sallee - Measure A Citizens Oversight Committee Moved by Deputy Mayor Cardenas Seconded by Councilmember McCann To ratify the above appointments. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Result, Carried (4 to 0) 2022/10/25 City Council Post Agenda Page 17 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 11 11. COUNCILMEMBERS’ COMMENTS Councilmember McCann thanked staff for their efforts on the Bayfront project. At the request of Councilmember Cardenas, there was a consensus of the Council to direct the City Manager to explore the possibility of placing free sanitary products in public facilities. Councilmember Galvez announced that the Grand Opening for the Farmers Market would May 8, 2022. 12. CITY ATTORNEY'S REPORTS There were none. 13. 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 Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Mayor Casillas Salas recessed the meeting at 8:20 p.m. The Council convened in Closed Session at 8:25 p.m., with all members present. 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section54956.9(d)(1): A) Name of case: Diana Watts, et al. v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2019-00054127-CU-PO-CTL. ACTION: No Reportable Action B) Name of case: City of Chula Vista and Chula Vista Redevelopment Agency Successor Agency v. Keely Bosler, in her official capacity as California State Director of Finance; Tracy M. Sandoval, in her official capacity as San Diego Auditor-Controller; Sacramento Superior Court Case No. 34-2019-80003123 and Court of Appeal, Third Appellate District, Court No. C094237. ACTION: No Reportable Action 14. ADJOURNMENT Mayor Casillas Salas paid tribute to Harry Rosen and adjourned the meeting in his memory. The meeting was adjourned at 8:50 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/25 City Council Post Agenda Page 18 of 407 2022/04/26 – City Council Regular Meeting Minutes Page 12 2022/10/25 City Council Post Agenda Page 19 of 407 City of Chula Vista Regular Meeting of the City Council Meeting Minutes May 3, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, Mayor Casillas Salas Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Padilla led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office  Beatrice Zamora-Aguilar - Cultural Arts Commission  Daniel Zavala - Cultural Arts Commission  Arnold Luke - Safety Commission  William Sallee - Measure A Citizens Oversight Committee City Clerk Bigelow administered the oaths of office and Councilmember Padilla presented certificates to Commissioners Zamora-Aguilar, Zavala, and Luke. 2022/10/25 City Council Post Agenda Page 20 of 407 2022/05/03 City Council Regular Meeting Minutes Page 2 4.2 Presentation of a Proclamation to Kelley Bacon in Recognition of Her Retirement and 20 Years of Service with the City of Chula Vista Mayor Casillas Salas read the proclamation and presented it to Deputy City Manager Bacon. 4.3 Presentation and Update by Laura Humphreys and Justin Lipford on YMCA Programs and Mental Health Awareness Month Executive Director Laura Humphreys and Director of Community Engagement Justin Lipford, representing the YMCA, gave a presentation on the item. 4.4 Presentation of a Proclamation Proclaiming May 2022 as National Bike Month in the City of Chula Vista Mayor Casillas Salas read the proclamation and Councilmember McCann presented it to Principal Civil Engineer Rivera and the Bike Walk Chula Vista group. 4.5 Presentation of a Proclamation Proclaiming May 6, 2022 as Childcare Provider Appreciation Day in the City of Chula Vista Mayor Casillas Salas read the proclamation, and Councilmember Galvez presented it to Executive Director Laura Humphreys, representing the YMCA. 5. CONSENT CALENDAR (Items 5.1 through 5.7) Councilmember McCann stated he would abstain from voting on Item 5.4 due to a potential property-related conflict of interest. Moved by Councilmember Galvez Seconded by Councilmember McCann To approve the recommended action appearing below consent calendar Items 5.1 through 5.3 and 5.5 through 5.7. The headings below were read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Moved by Councilmember Galvez Seconded by Councilmember McCann To approve the recommended action appearing below consent calendar Item 5.4. The heading below was read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas Abstain (1): Councilmember McCann Result, Carried (4 to 0) 2022/10/25 City Council Post Agenda Page 21 of 407 2022/05/03 City Council Regular Meeting Minutes Page 3 5.1 Approval of Meeting Minutes Approve the minutes dated: October 12, 2021. 5.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Consideration of Requests for Excused Absences Consider requests for excused absences as appropriate. No requests were received at that meeting. 5.4 Municipal Code Amendment: Amend the Chula Vista Municipal Code Related to Allowing Two-Unit Developments and Urban Lot Splits, as Required by Senate Bill 9, Recent State Legislation adopted to Increase Housing Opportunities Adopt an ordinance to amend various sections in the Chula Vista Municipal Code related to allowing two-unit developments and urban lot splits, in accordance with Senate Bill 9. ORDINANCE NO. 3519 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 18.18 (TENTATIVE PARCEL MAPS) AND 19.58 (USES); AND SECTIONS 5.68.050 (SHORT-TERM RENTALS – ELIGIBILITY REQUIREMENTS), 19.22.020 (R-E – RESIDENTIAL ESTATE ZONE – PERMITTED USES) AND 19.24.020 (R-1 – SINGLE-FAMILY RESIDENCE ZONE – PERMITTED USES) TO IMPLEMENT SENATE BILL 9 (Second Reading and Adoption) 5.5 Military Equipment Policy: Consideration of Approving the Chula Vista Police Department’s Military Equipment Policy Dell Miller submitted written communication in support of the item: The following members of the public submitted written communications in opposition to the item:  Kathy Cappos Hardy  Elisa Hedrick  Margaret Baker  Z. Williams  Dr. Norell Martinez  Adrian Jasso  Monica Hernandez  Pedro Rios, representing American Friends Service Committee's US Mexico Border Program  John Lindsay-Poland  Kristopher T. Hendricks  Sophia Rodriquez  Lynn DeHahn  Lily Irani  Nancy Relaford 2022/10/25 City Council Post Agenda Page 22 of 407 2022/05/03 City Council Regular Meeting Minutes Page 4  Monica Santos  Elijah Martinez Jensen  Claudia  Frank Riley  Margaret Baker Adopt an ordinance approving the Police Department's Military Equipment Policy. ORDINANCE NO. 3520 OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA POLICE DEPARTMENT’S MILITARY EQUIPMENT POLICY (Second Reading and Adoption) 5.6 Capital Improvement Project Funding: Approve Appropriation of Additional Funds to Complete and Close Out the “Retiming of Traffic Signals and Installation of Fiber Optic/Ethernet Communication System (TRF0404)” Project Adopt a resolution approving an appropriation of $75,000 of Transportation Development Impact Fees Fund to Capital Improvement Project Retiming of Traffic Signals and Installation of Fiber Optic/Ethernet Communication System (TRF0404). RESOLUTION NO. 2022-095 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $75,000 FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEES FUND TO CIP TRF0404 5.7 Approval of Appointment: Approve the City Manager’s Appointment of the Deputy City Manager – Tiffany Allen City Manager Kachadoorian thanked newly appointed Deputy City Manager Allen for her work on the Bayfront Financing project and spoke of her accomplishments. Adopt a resolution approving the City Manager’s appointment of Tiffany Allen as Deputy City Manager. RESOLUTION NO. 2022-096 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY MANAGER’S APPOINTMENT OF DEPUTY CITY MANAGER – TIFFANY ALLEN 6. PUBLIC COMMENTS John Acosta, Chula Vista resident, spoke regarding Republic Services. Becky Rapp, Chula Vista resident, spoke regarding the mental health awareness crisis and marijuana use in youth. Carol Green, representing California State PTA, spoke regarding the vaping epidemic and in support of a City policy banning flavored Tobacco. Dora Para, Chula Vista resident, spoke regarding the eviction process and affordable housing. Norell Martinez, spoke in opposition to the Police military equipment policy. 2022/10/25 City Council Post Agenda Page 23 of 407 2022/05/03 City Council Regular Meeting Minutes Page 5 7. ACTION ITEMS 7.1 Agreement: Approve an Agreement with Kingdom Causes, dba City Net, to Provide Homeless Bridge Shelter Operations Senior Management Analyst Davis, Lieutenant Pinedo and Brad Steelman and Rosy Littlejohn. representing Citynet gave a presentation on the item and responded to questions of the Council. Mayor Casillas Salas recessed the meeting at 6:29 p.m. The Council reconvened at 6:37 p.m., with all members present. Moved by Councilmember McCann Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-097, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) RESOLUTION NO. 2022-097 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A SERVICE PROVIDER AGREEMENT WITH KINGDOM CAUSES DBA CITY NET TO PROVIDE HOMELESS BRIDGE SHELTER OPERATIONS 7.2 Grant Award and Appropriation: Approve Deed Restrictions on Park Properties as a Condition of Grant Awards, Establish New Capital Improvement Program Projects, and Appropriate Funds City Attorney Googins stated that Councilmember McCann would abstain from voting on Item 7.2 B and C due to a potential property-related conflict of interest. Councilmember McCann left the dais during the discussion and voting on that portion of the item. Community Services Director Lamb, Park and Recreation Administrator Farmer and Assistant Public Works Director Aguilar gave a presentation on the item. Council discussion ensued. Christine Brady spoke regarding the aesthetics of the Casa Casillas building at Eucalyptus Park. The following members of the public submitted written communications in support of the item:  Maria Jimena Montes de Oca  Shonna Dovel  Justin  Philip Mischler 2022/10/25 City Council Post Agenda Page 24 of 407 2022/05/03 City Council Regular Meeting Minutes Page 6 At the request of Councilmember Cardenas, there was a consensus of the Council to add an item to a future agenda to consider officially naming the art center in Eucalyptus Park “Casa Casillas.” Moved by Councilmember Padilla Seconded by Councilmember Galvez To adopt Resolution No. 2022-098, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) A) RESOLUTION NO. 2022-098 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A DEED RESTRICTION TO THE PATTY DAVIS PARK PROPERTY THAT IS REQUIRED AS A CONDITION OF THE GRANT AWARD FOR THE STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, OFFICE OF LOCAL GRANTS AND SERVICES Moved by Councilmember Galvez Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-099 and 2022-100, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas Abstain (1): Councilmember McCann Result, Carried (4 to 0) B) RESOLUTION NO. 2022-099 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A DEED RESTRICTION FOR THE EUCALYPTUS PARK PROPERTY THAT IS REQUIRED AS A CONDITION OF THE GRANT AWARD FOR THE STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION OFFICE OF LOCAL GRANTS AND SERVICES C) RESOLUTION NO. 2022-100 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2021/2022 CIP PROGRAM BUDGET BY ESTABLISHING NEW CIP PROJECTS, “EUCALYPTUS PARK (PRK0340)” AND “PATTY DAVIS PARK (PRK0341)”; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 8. CITY MANAGER’S REPORTS City Manager Kachadoorian announced that items regarding waste services and tenant protections would be coming back to Council. 2022/10/25 City Council Post Agenda Page 25 of 407 2022/05/03 City Council Regular Meeting Minutes Page 7 9. MAYOR’S REPORTS Mayor Casillas Salas announced that she had been invited to speak at the University Club regarding the Bayfront project. 10. COUNCILMEMBERS’ COMMENTS Councilmember Cardenas spoke regarding her attendance at the Arbor Day tree- planting event. Councilmember Padilla expressed his encouragement and thanks to City staff for their work on several major City projects. Councilmember McCann spoke regarding his attendance at the Citizens of Courage Awards and the Respect for Law Enforcement event at Optimus Club. He expressed thanks to staff for their efforts on the Bayfront project. Councilmember Galvez spoke regarding her attendance at the following recent events: Arbor Day tree-planting event; 30th Arbor Day Celebration; Chula Vista Elementary PTA Founders event. Councilmember Galvez expressed condolences for National City Firefighter Bobby Medina. 11. CITY ATTORNEY'S REPORTS City Attorney Googins announced that he would be presenting at the League of California Cities City Attorney Division Conference with an update on Counsel and Council, a publication he recently contributed to. 12. CLOSED SESSION There was none. 13. ADJOURNMENT The meeting was adjourned at 7:14 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/25 City Council Post Agenda Page 26 of 407 City of Chula Vista Special Meetings of the Successor Agency to the Redevelopment Agency and Housing Authority Meeting Jointly with the City Council Meeting Minutes May 10, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, Mayor Casillas Salas Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented except for Item 7.2, which was heard before 7.1. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council and special meetings of the Successor Agency to the Redevelopment Agency and the Housing Authority of the City of Chula Vista were called to order at 5:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at that Housing Authority meeting, held simultaneously with the City Council meeting. Deputy Mayor Cardenas joined the meeting at 5:16 pm. 2. ROLL CALL City Clerk Bigelow called the roll. Deputy Mayor Cardenas arrived at 5:16 p.m. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. 2022/10/25 City Council Post Agenda Page 27 of 407 2022/05/10 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Page 2 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to Chief of Police Roxana Kennedy Proclaiming Sunday, May 15, 2022 as National Peace Officers Memorial Day in the City of Chula Vista Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Agent Linney. 4.2 Presentation of a Proclamation Commending Ground Floor Murals for Their Contributions to the City of Chula Vista Mayor Casillas Salas read the proclamation and Councilmember Galvez presented it to Paul Jimenez and Signe Ditona representing Ground Floor Murals. 5. CONSENT CALENDAR (Items 5.1 through 5.6) Councilmember McCann stated he would abstain from voting on Item 5.3 due to a potential property-related conflict of interest. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember Padilla To approve the recommended action appearing below consent calendar Items 5.1 through 5.2 and 5.4 through 5.6. The headings below were read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember Padilla To approve the recommended action appearing below consent calendar Item 5.3. The heading below was read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas Abstain (1): Councilmember McCann Result: Carried (4 to 0) 5.1 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2 Consideration of Requests for Excused Absences Consider requests for excused absences as appropriate. No requests were received at that meeting. 2022/10/25 City Council Post Agenda Page 28 of 407 2022/05/10 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Page 3 5.3 Grant Award: Accept Funds from the San Diego Association of Governments’ (“SANDAG”) Housing Acceleration Program to Implement the City of Chula Vista Accessory Dwelling Unit Assistance Program Adopt resolutions: A) City Council authorizing the acceptance of a $180,719.68 Housing Acceleration Program grant from the San Diego Association of Governments (“SANDAG”) to implement the City of Chula Vista Accessory Dwelling Unit (“ADU”) Assistance Program, and appropriating SANDAG funds for that purpose; and B) City Council and Housing Authority approving and appropriating $200,000 in Housing Authority Inclusionary Funds as matching funds for an Accessory Dwelling Unit pilot loan program. RESOLUTION NO. 2022-101 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) AUTHORIZING THE ACCEPTANCE OF A “HOUSING ACCELERATION PROGRAM” GRANT FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS; (2) APPROVING THE SANDAG HAP AGREEMENT AND AUTHORIZING ANY OTHER REQUIRED AGREEMENTS; AND (3) APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RESOLUTION OF THE CITY COUNCIL NO. 2022-102/HOUSING AUTHORITY NO. 2022-003 OF THE CITY OF CHULA VISTA APPROVING AND APPROPRIATING AVAILABLE INCLUSIONARY HOUSING FUNDS FOR AN ACCESSORY DWELLING UNIT PILOT LOAN PROGRAM (4/5 VOTE REQUIRED) 5.4 Mobilehome Rent Control: Retain the Existing $12 Administrative Fee for Mobilehome Rent Control Services for Fiscal Year 2022/23 Adopt a resolution accepting Chapter 18 (Mobilehomes) of the City's Master Fee Schedule and retaining the existing $12 administrative fee for Fiscal Year 2022/23. RESOLUTION NO. 2022-103 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RETAINING THE EXISTING $12 ADMINISTRATIVE FEE FOR RENT CONTROL SERVICES FOR FISCAL YEAR 2022-23 IN CHAPTER 18 (MOBILEHOMES) OF THE CITY'S MASTER FEE SCHEDULE 5.5 Contract Award: Approve a Service Contract with Microsoft Corporation for Software, Subscription, and Licensing Services Adopt a resolution authorizing the City to enter into a contract with Microsoft Corporation for software, subscription, and licensing services. RESOLUTION NO. 2022-104 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH MICROSOFT CORPORATION FOR SOFTWARE, SUBSCRIPTION, AND LICENSING SERVICES 5.6 Financial Report and Appropriations: Accept the Quarterly Financial Report for the Quarter Ending March 31, 2022, Amend the American Rescue Plan Act Spending Plan, and Appropriate Funds to Adjust for Variances Accept the Quarterly Financial Report for the quarter ending March 31, 2022, adopt a resolution (1) amending the American Rescue Plan Act (“ARPA”) Spending Plan and (2) making various amendments to the Fiscal Year 2021/22 budget to adjust for variances and appropriating funds for that purpose. 2022/10/25 City Council Post Agenda Page 29 of 407 2022/05/10 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Page 4 RESOLUTION NO. 2022-105 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING MARCH 31, 2022, AMENDING THE AMERICAN RESCUE PLAN ACT SPENDING PLAN AND APPROPRIATING FUNDS TO ADJUST FOR VARIANCES THEREFOR (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS John Acosta, Chula Vista resident, spoke in opposition to a trash rate increase and investor- owned properties. John Moot, Chula Vista resident, spoke regarding Republic billing and credits for period of no service. 7. PUBLIC HEARINGS 7.1 Vacation of Streets: Approve Vacations of a Portion of Marina Parkway and a Portion of G Street as Part of the Bayfront Development 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. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-106. The heading below was read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) RESOLUTION NO. 2022-106 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATING A PORTION OF MARINA PARKWAY AND A PORTION OF G STREET 7.2 Bayfront Financing: Various Actions Necessary for the Financing of a Resort Hotel, Convention Center, Parking Structure, and Related Public Improvements on and Adjacent to Parcel H-3 Within the Chula Vista Bayfront Master Plan Area 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. City Manager Kachadoorian, Deputy City Manager Allen and City Attorney Googins gave a presentation on the item. Mayor Casillas Salas opened the public hearing. RIDA President/CEO Ira Mitzner spoke regarding the project. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. 2022/10/25 City Council Post Agenda Page 30 of 407 2022/05/10 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Page 5 Council discussion ensued. Mayor Casillas Salas recessed the meeting at 6:44 p.m. The Council reconvened at 6:55 p.m., with all members present. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember Padilla To adopt Resolution Nos. 2022-107 through 2022-109. The headings below were read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) RESOLUTION NO. 2022-107 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF CERTAIN AMOUNTS IN FURTHERANCE OF THE CITY’S INVESTMENT IN THE CHULA VISTA BAYFRONT RESORT HOTEL AND CONVENTION CENTER PROJECT; RECEIVING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FOURTH AMENDED AND RESTATED REVENUE SHARING AGREEMENT AND CERTAIN OTHER AGREEMENTS RELATED TO THE CONVENTION CENTER; AND AUTHORIZING CERTAIN RELATED ACTIONS (4/5 VOTE REQUIRED) RESOLUTION NO. 2022-108 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR DEVELOPMENT IMPACT AND SEWER CAPACITY FEES (BAYFRONT RESORT AND CONVENTION CENTER) BETWEEN THE CITY AND RIDA CHULA VISTA, LLC RESOLUTION NO. 2022-109 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING SEWER CAPACITY FEES TO REIMBURSE RIDA CHULA VISTA, LLC PURSUANT TO RESOLUTION 2019-170 AND THE 2020 REIMBURSEMENT AGREEMENT WITH RIDA CHULA VISTA, LLC TO CONSTRUCT SPECIFIED BAYFRONT SEWER IMPROVEMENTS (4/5 VOTE REQUIRED) 8. ACTION ITEMS 8.1 City Manager's Proposed Annual Budget: Consider Approving the Fiscal Year 2022/23 Operating and Capital Improvement Budgets; and Set a Public Hearing for Final Consideration and Adoption Finance Director Schoen, Budget and Analysis Manager Prendell and Administrative Services Manager Beamon gave a presentation on the item. City Manager Kachadoorian and Budget and Analysis Manager Prendell responded to questions of the Council. ACTION: Moved by Councilmember McCann Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-110. The heading below was read, text waived. The motion carried by the following vote: 2022/10/25 City Council Post Agenda Page 31 of 407 2022/05/10 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Page 6 Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) RESOLUTION NO. 2022-110 OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY/HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER’S PROPOSED OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR FISCAL YEAR 2022-23 FOR EACH AGENCY AS THEIR PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING FOR FINAL CONSIDERATION AND ADOPTION OF SAME 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS Mayor Casillas Salas spoke regarding her attendance at recent events held on the new library deck. She thanked City Librarian Whatley and her staff, Policy Aide Mendez, Senior Council Aide Chavez and Sandy Scheller for their contributions to the events. 11. COUNCILMEMBERS’ COMMENTS Councilmember Galvez spoke regarding the Bayfront project, recent library deck events, and the Farmers Market grand opening event. Deputy Mayor Cardenas extended Mother's Day greetings. She thanked library staff for their contributions to recent events on the library deck. Councilmember Padilla extended Mother's Day greetings. Councilmember McCann spoke regarding his attendance at the following recent events: 30th Annual Police Department awards ceremony; library deck events; and the UEI graduation. He extended Mother's Day greetings and expressed appreciation for families that support military services. 12. CITY ATTORNEY'S REPORTS There were none. 13. 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 Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Mayor Casillas Salas recessed the meeting at 7:39 p.m. The Council reconvened in Closed Session at 7:55 p.m., with all members present. 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): 2022/10/25 City Council Post Agenda Page 32 of 407 2022/05/10 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Page 7 A) Name of case: Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB ACTION: No Reportable Action B) Name of case: Patricia Ortiz v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2020-000505098-CU-PO-CTL ACTION: No Reportable Action 14. ADJOURNMENT The meeting was adjourned at 9:08 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/25 City Council Post Agenda Page 33 of 407 City of Chula Vista Regular Meeting of the City Council Meeting Minutes May 17, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Galvez, Councilmember McCann, Councilmember Padilla, Mayor Casillas Salas Excused: Deputy Mayor Cardenas Also Present: City Manager Kachadoorian, Deputy City Attorney Silva, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:11 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Padilla led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of the Annual Sustainability Champion Awards by Environmental Sustainability Manager Coleen Wisniewski and Environmental Services Manager Manuel Medrano Environmental Sustainability Manager Wisniewski and Environmental Services Manager Manual Medrano presented the awards. 4.2 Presentation by Environmental Sustainability Manager Coleen Wisniewski on the City Achieving Certification in the Blue City Network Environmental Sustainability Manager Wisniewski gave a presentation on the item. 2022/10/25 City Council Post Agenda Page 34 of 407 2022/05/17 Minutes - City Council Regular Meeting Page 2 4.3 Presentation by Commissioner Nimpa Akana from the International Friendship Commission Regarding Sister City Cebu Donation International Friendship Commissioner Akana gave a presentation on the item. 4.4 Presentation of a Proclamation to Parks & Recreation Administrator Tim Farmer, Proclaiming May 21, 2022 as Kids to Parks Day in the City of Chula Vista Mayor Casillas Salas read the proclamation, and Councilmember McCann presented it to Parks & Recreation Administrator Farmer. 4.5 Announcement of the Voter Education Workshop on May 19, 2022, in Council Chambers City Clerk Bigelow gave a presentation announcing the Voter Education Workshop facilitated by the County of San Diego Registrar of Voters. 5. CONSENT CALENDAR (Items 5.1 through 5.6) Deputy City Attorney Silva announced that the following Councilmembers would abstain from voting on the items indicated due to potential property-related conflicts of interest: Mayor Casillas Salas on Items 5.3C and 5.3F, Councilmember McCann on Items 5.3D and 5.3F, and Councilmember Padilla on Item 5.3E City Clerk Bigelow announced that Item 5.3F would be continued to the following meeting due to conflicts resulting in the lack of a quorum to vote on the item. ACTION: Moved by Councilmember McCann Seconded by Councilmember Padilla To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3B and 5.5. The headings were read, text waived. The motion carried by the following vote: Yes (4): Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (4 to 0) ACTION: Moved by Councilmember McCann Seconded by Councilmember Padilla To approve the recommended actions appearing below consent calendar Items 5.3C. The heading was read, text waived. The motion carried by the following vote: Yes (3): Councilmember Galvez, Councilmember McCann, and Councilmember Padilla Abstain (1): Mayor Casillas Salas Result, Carried (3 to 0) 2022/10/25 City Council Post Agenda Page 35 of 407 2022/05/17 Minutes - City Council Regular Meeting Page 3 ACTION: Moved by Councilmember McCann Seconded by Councilmember Padilla To approve the recommended action appearing below consent calendar Item 5.3D. The heading was read, text waived. The motion carried by the following vote: Yes (3): Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas Abstain (1): Councilmember McCann Result, Carried (3 to 0) Moved by Councilmember McCann Seconded by Councilmember Padilla To approve the recommended action appearing below consent calendar Items 5.3E. The heading was read, text waived. The motion carried by the following vote: Yes (3): Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Abstain (1): Councilmember Padilla Result, Carried (3 to 0) 5.1 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2 Consideration of Requests for Excused Absences Approval of an excused absence request from Councilmember Padilla for the October 26, 2021 City Council meeting and Councilmember Cardenas for the May 17, 2022. 5.3 Open Space Maintenance Districts: Initiating Proceedings, Approving the Engineer’s Report, Declaring the Intention to Levy Assessments for Fiscal Year 2022/23 Adopt the following resolutions and set a public hearing for June 21, 2022: A) Initiating Proceedings for the levy and collection of Assessments for Fiscal Year 2022/23 for Open Space Districts 1 thru 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, Eastlake, Town Center and Bay Boulevard of the City of Chula Vista pursuant to the Landscaping and Lighting Act of 1972 B) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a Public Hearing regarding the Fiscal Year 2022/23 assessments for Open Space districts 2 through 8, 11, 14, 15, 17, 18, 20 (Zones 1 through 6, 8 and 9), 23, 24, 26, 31, 33, Eastlake Maintenance District No. 1 (Zones A, B, and D), and Bay Boulevard Maintenance District C) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing regarding the Fiscal Year 2022/23 2022/10/25 City Council Post Agenda Page 36 of 407 2022/05/17 Minutes - City Council Regular Meeting Page 4 assessments for Open Space District 9, Open Space District 10, Eastlake Maintenance District No. 1 (Zone E), and Town Center Maintenance District D) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing regarding the Fiscal Year 2022/23 assessments for Open Space District 1 E) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing regarding Fiscal Year 2022/23 assessments for Open Space District Eastlake Maintenance District No. 1 (Zone C) A) RESOLUTION NO. 2022-111OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022/23 FOR OPEN SPACE DISTRICTS 1 THRU 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33 EASTLAKE, TOWN CENTER AND BAY BOULEVARD OF THE CITY OF CHULA VISTA PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 B) RESOLUTION NO. 2022-112 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2022/23 ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 8, 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 6, 8 AND 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B, AND D), AND BAY BOULEVARD MAINTENANCE DISTRICT C) RESOLUTION NO. 2022-113 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2022/23 ASSESSMENTS FOR OPEN SPACE DISTRICT 9, OPEN SPACE DISTRICT 10, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE E) AND TOWN CENTRE MAINTENANCE DISTRICT D) RESOLUTION NO. 2022-114 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2022/23 ASSESSMENTS FOR OPEN SPACE DISTRICT 1 E) RESOLUTION NO. 2022-115 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2022/23 ASSESSMENTS FOR OPEN SPACE DISTRICT EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE C) 5.5 Annual Audit Report: Accept the Single Audit Report for the Fiscal Year that Ended June 30, 2021 Receive and file the Single Audit Report for Fiscal Year Ended June 30, 2021. 2022/10/25 City Council Post Agenda Page 37 of 407 2022/05/17 Minutes - City Council Regular Meeting Page 5 ITEMS REMOVED FROM THE CONSENT CALENDAR 5.4 Electric Vehicle Charging Infrastructure: Approve Second Amendment to License Agreement to Implement Upgrades to Electric Vehicle Infrastructure at Five City Parking Lots Alan C spoke in opposition to the item. ACTION: Moved by Councilmember McCann Seconded by Councilmember Padilla To adopt a Resolution No. 2022-117, heading read, text waived. The motion carried by the following vote: Yes (4): Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-117 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO A LICENSE AGREEMENT WITH BLINK NETWORK, LLC TO IMPLEMENT UPGRADES OF EXISTING ELECTRIC VEHICLE INFRASTRUCTURE AT FIVE CITY PARKING LOTS 5.6 Loma Verde Recreation Center: Grant an Easement to San Diego Gas and Electric to Provide Utility Services to the Loma Verde Recreation Center Alan C spoke in opposition to the item. ACTION: Moved by Councilmember McCann Seconded by Councilmember Padilla To adopt Resolution No. 2022-118, heading read, text waived. The motion carried by the following vote: Yes (4): Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-118 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC TO PROVIDE UTILITY SERVICES TO THE NEW LOMA VERDE RECREATION CENTER 6. PUBLIC COMMENTS Alan C spoke regarding the mask mandate being optional. 7. ACTION ITEMS 7.1 Contract Amendment: Approve an Amendment to the Contract with the Board of Administration and CalPERS for Local Safety Police Officer’s Association Classic Members to Make an Additional Contribution Pursuant to Government Code Section §20516 Alan C. spoke in opposition to the item. 2022/10/25 City Council Post Agenda Page 38 of 407 2022/05/17 Minutes - City Council Regular Meeting Page 6 ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Ordinance No. 3521 heading read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (4 to 0) ORDINANCE NO. 3521 OF THE CITY OF CHULA VISTA AUTHORIZING THE AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE CHULA VISTA POLICE OFFICERS’ ASSOCIATION OF ONE PERCENT OF SALARY EFFECTIVE JULY 1, 2022 (SECOND READING AND ADOPTION) 7.2 Tenant Protections: Consideration of Ordinances Regarding Local Tenant Protections to Address No-Fault Just Cause Terminations of Tenancy Deputy City Attorney Silva stated that Councilmember McCann would abstain from voting on Item 7.2 due to a potential financial conflict of interest and pursuant to FPPC Advice letter A22-017. Councilmember McCann left the dais during the discussion and voting on the item. Deputy City Manager Allen announced that Item 7.2B, the ordinance to enact a moratorium on no-fault evictions, would not be acted upon at that meeting due to lack of quorum. She stated that a revised ordinance for Item 7.2A had been distributed to the Council, and that action on the item would be with respect to the revised document. Deputy City Manager Allen gave a presentation on the item. She, Deputy City Attorney Silva, and Deputy City Attorney McClurg responded to questions of the Council. Mayor Casillas Salas recessed the meeting at 6:50 p.m. The Council reconvened at 7:15 p.m., with all members present, except Deputy Mayor Cardenas and Councilmember McCann. The following members of the public spoke in opposition to staff's recommendation:  Pat Russiano, Bonita resident  Michael Campbell  Mark Scott  Richard D'Ascoli, representing Pacific Southwest Association of Realtors (Robert Milles, Janet Milles, Jason Lopez, Wayne Roseweir and Max Zaker)  Nikki Coppa, Chula Vista resident  Alan C.  Sharon Robinson  Yvonne Cromer, Chula Vista resident 2022/10/25 City Council Post Agenda Page 39 of 407 2022/05/17 Minutes - City Council Regular Meeting Page 7  Robert Cromer, Chula Vista resident  Molly Kirkland, representing Southern California Rental Housing Association and on behalf of Lorena Winter and Gabriela Manriquez  David Winter  Peter Codallos, Chula Vista resident  Mitch Thompson, Chula Vista resident  Melanie Woods, representing California Apartment Association and on behalf of Kari Thomas  Frank Powell on behalf of Ryan Maxson  George Ching  Virginia Jenson  Julie Paulie  Brian Smith  Eric Sutton  Peter Carlseen  Carol Crossman  Aurora  Dean Knuth  Lupe Soto, Chula Vista resident  Don Eklun  Earl Jentz, Chula Vista resident and on behalf of David and Karen Jentz  Joseph Raso  Myssie McCann  Terry Lawson  Josh Morales  Robert  Amy Epsten The following members of the public submitted written documentation in opposition to staff's recommendation:  Aurora  Engaged Citizen  Concerned CV resident  Resident  Tom S.  Patience  Armand Olvera  Susan Beradi  Robert and Joanne Snaith  Michael Campbell  Camille & Tony Bruno  Amy Epsten  Ronald Trotter  Jason Lopez  John Malone  Eric Sutton  Carlos 2022/10/25 City Council Post Agenda Page 40 of 407 2022/05/17 Minutes - City Council Regular Meeting Page 8  Mark Schiffman  John Modlin  Liane Wassinger  Alyssa Davies  Charles Knoepfli  Cheryl Raya  Alta Gray  Sean Bascom  Karen Hernandez  Anadarinka  Todd H.  Heather King  Celina Tominna  Julio Molina  Catharina Herrera  Kristen Guzmán  Richard D'Ascoli  Amy Rincon  Michele  James Pellicane  Robert Wiedman  Floyd I Willis  Joanne Fischer  Brian Collins  Gerry A Ranglas  Luke Wasyliw  Cindi M. Silady  Tina Morton  Laila Coucouroux  Pamela Robinson  Kevin Dougherty  Martine A. Hillier  Sean Hillier  David Clutts  Kurt Strauss, Esq.  Jan Farley  Frauke Kuo  Adriana Erni  Denise Gleavey  Don Eklund  Jesse Manuel  Carla S.  Irma M.  Sam S.  Karen Washam  Jeff Hans  Gerry Miranda  Bernadette 2022/10/25 City Council Post Agenda Page 41 of 407 2022/05/17 Minutes - City Council Regular Meeting Page 9  Edmond Vigneau  Pat Russiano  Stephanie Gatschet  Melanie Woods  Robert Vallera  Mary Myers  Veronica Vasquez  Stephen L Gilles  Tracy Morgan Hollingworth  Melo-de Savage  Alma Porras  Berta Calderon  Theresa Acerro  Mel McBroome  Cory Shepard  Cindi M Silady  Bridget Potterton  Ashley Anderson  Tyler  Mike Smith  Candace Holcombe Mayor Casillas Salas recessed the meeting at 8:57 p.m. The Council reconvened at 9:12 p.m., with all members present, except Deputy Mayor Cardenas and Councilmember McCann The following members of the public spoke in support of staff's recommendation:  Angel Menenes  Jose Lopez, representing ACCE  Larry Oldham, representing ACCE  Patricia Duran  Dora Parra  Elizabeth Vizcarra  Maria Luisa Abarca  Cesar Rodriguez  Miriam Goff  Luis Guerrera  Max Afifi, Chula Vista resident and on behalf of Nancy Smith  Gabriel Guzman, Chula Vista resident  Margaret Baker, Chula Vista resident  Eduardo Saldizar, representing ACCE  Connie Mack  Theresa Goodman  Luis Castro  Sylvia Saldivar  Romualdo Villafan  Cristina Owens 2022/10/25 City Council Post Agenda Page 42 of 407 2022/05/17 Minutes - City Council Regular Meeting Page 10  Cesar Rodriguez  Rafael Bautista also spoke on behalf of Sandra Galindo  Johnny Chavez The following members of the public submitted written documentation in support of staff's recommendation:  Tammy Alvarado  Emily D Tran  Daniel S.  Margaret Baker  Adolfo Carabajal  Emely Nieto  Kathy Hardy  Cesar M. The following members of the public spoke expressing a neutral position on staff's recommendation:  Sam Calvamo  Gilberto Vera Gilberto Vera submitted written communication expressing a neutral position on staff's recommendation. The following members of the public submitted written communications on the item, but were not present to speak:  John Acosta, Chula Vista resident  Cesar Rodriguez  Gloria Canizales Nicolas Paul submitted written communications in support of the item but did not wish to speak. Council discussion ensued. At the request of Councilmember Galvez, there was a consensus of the Council to submit a referral to the District Attorney to investigate illegal behaviors by complex owners. Councilmember Padilla spoke in support of the Council taking action on the matter as authorized and allowed and giving adequate consideration to an ordinance to ensure quality regulations. He spoke regarding validating tenancies, standards for assistance, clearly stating the right of first refusal would be a tenant-driven obligation, clarifying enforcement regulations, and considering the budget for outreach and assistance services. He also spoke regarding increased housing costs and housing affordability issues. 2022/10/25 City Council Post Agenda Page 43 of 407 2022/05/17 Minutes - City Council Regular Meeting Page 11 City Manager Kachadoorian spoke regarding the timeline for bringing the ordinance back, stating that staff would need additional time to conduct community outreach. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember Padilla To continue the item to allow for staff to incorporate Council feedback into the ordinance and to make a referral to the District Attorney's office to investigate illegal behaviors of apartment complex owners. The motion carried by the following vote: Yes (3): Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas Abstain (1): Councilmember McCann Result, Carried (3 to 0) 8. CITY MANAGER’S REPORTS City Manager Kachadoorian gave an update on the Bayfront project. 9. MAYOR’S REPORTS Mayor Casillas Salas announced the Fourth Fest Fourth of July event and the Downtown Chula Vista Block Party 10. COUNCILMEMBERS’ COMMENTS Councilmember McCann announced the upcoming kids scavenger hunt in City parks. 11. CITY ATTORNEY'S REPORTS There were none. 12. ADJOURNMENT The meeting was adjourned at 11:10 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/25 City Council Post Agenda Page 44 of 407 City of Chula Vista Special Meetings of the Successor Agency to the Redevelopment Agency and Housing Authority Meeting Jointly with the City Council Meeting Minutes May 24, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, Mayor Casillas Salas Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council and special meetings of the Successor Agency to the Redevelopment Agency and the Housing Authority of the City of Chula Vista were called to order at 5:12 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at that Housing Authority meeting, held simultaneously with the City Council meeting. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Padilla led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation by Senior Webmaster Norma Frank on the Launch of the Newly Designed Website - chulavistaca.gov Senior Webmaster Frank and Marketing and Communications Manger Steinberg gave a presentation on the item. 4.2 Presentation of a Proclamation Proclaiming May 2022 as Lupus Awareness Month in the City of Chula Vista Mayor Casillas Salas read the proclamation and Deputy Mayor Cardenas presented it to Neda Gappy-Cortez and Gerardo Becerra representing the Lupus Foundation of Southern California. 5. CONSENT CALENDAR (Items 5.1 through 5.7) 2022/10/25 City Council Post Agenda Page 45 of 407 2022/05/24 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Meeting Page 2 City Attorney Googins announced that the following Councilmembers would abstain from voting on the items indicated due to potential property-related conflicts of interest: Mayor Casillas Salas on Items 5.7C and 5.7F; Councilmember McCann on Item 5.7 D and 5.7F; and Councilmember Padilla on item 5.7E. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended actions appearing below consent calendar Items 5.1 through 5.7B. The headings were read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) ACTION: Moved by Councilmember McCann Seconded by Mayor Casillas Salas To approve the recommended action appearing below consent calendar Item 5.7C. The heading was read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Councilmember Padilla Abstain (1): Mayor Casillas Salas Result: Carried (4 to 0) ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended action appearing below consent calendar Item 5.7D. The heading was read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas Abstain (1): Councilmember McCann Result: Carried (4 to 0) ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended action appearing below consent calendar Item 5.7E. The heading was read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Abstain (1): Councilmember Padilla Result: Carried (4 to 0) 2022/10/25 City Council Post Agenda Page 46 of 407 2022/05/24 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Meeting Page 3 ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended action appearing below consent calendar Item 5.7F. The heading was read, text waived. The motion carried by the following vote: Yes (3): Deputy Mayor Cardenas, Councilmember Galvez, and Councilmember Padilla Abstain (2): Councilmember McCann, and Mayor Casillas Salas Result: Carried (3 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: October 26, 2021 5.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Consideration of Requests for Excused Absences Consider requests for excused absences as appropriate. No requests were received at that meeting. 5.4 Investment Report: Quarter Ending March 31, 2022 Accept the investment report for the quarter ending on March 31, 2022. 5.5 Bayfront: Approve an Agreement with Bureau Veritas North America, Inc. to Provide Building Plan Check and Inspection Services Adopt a resolution waiving the competitive bidding requirements; approving an agreement for building plan check and building inspection services for the Gaylord Pacific Resort and Convention Center project for three years, with a one-year option to extend, and a contract amount up to $3,000,000. RESOLUTION NO. 2022-118 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN BUREAU VERITAS NORTH AMERICA, INC. AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING PLAN CHECK AND BUILDING INSPECTION SERVICES FOR THE GAYLORD PACIFIC RESORT AND CONVENTION CENTER 5.6 Contract Amendment: Approve a Fourth Amendment to the On-Call Civil Engineering Consultant Agreement with Kimley Horn and Associates, Inc. Adopt a resolution approving an amendment to the On-Call Civil Engineering Consulting agreement between the City and Kimley Horn and Associates, Inc. to a total maximum compensation of $3,900,000. RESOLUTION NO. 2022-119 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FOURTH AMENDMENT TO AN AGREEMENT BETWEEN KIMLEY HORN AND ASSOCIATES, INC. AND THE CITY FOR CIVIL ENGINEERING CONSULTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS AND OTHER CITY PROJECTS 2022/10/25 City Council Post Agenda Page 47 of 407 2022/05/24 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Meeting Page 4 5.7 Open Space Maintenance Districts: Initiate Proceedings, Approve the Engineer’s Report, Declare Intention to Levy Assessments for Fiscal Year 2022/23 for District 20, Zone 7, and Amend the Public Hearing Date for Related Proceedings Approved on 5/17/2022 Amend Resolution Nos. 2022-111 through 2022-115 to move the public hearing from June 21, 2022 to July 12, 2022, and adopt Resolution F approving the Engineer’s Report, declaring the intention to levy and collect assessments for Open Space District 20, Zone 7; and setting the public hearing for July 12, 2022. RESOLUTION NO. 2022-112 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2022-23 ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 8, 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 6, 8 AND 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B, AND D), AND BAY BOULEVARD MAINTENANCE DISTRICT RESOLUTION NO. 2022-113 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2022-23 ASSESSMENTS FOR OPEN SPACE DISTRICT 9, OPEN SPACE DISTRICT 10, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE E) AND TOWN CENTRE MAINTENANCE DISTRICT RESOLUTION NO. 2022-114 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2022-23 ASSESSMENTS FOR OPEN SPACE DISTRICT 1 RESOLUTION NO. 2022-115 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2022-23 ASSESSMENTS FOR OPEN SPACE DISTRICT EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE C) RESOLUTION NO. 2022-120 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2022-23 ASSESSMENTS FOR OPEN SPACE DISTRICT 20, ZONE 7 6. PUBLIC COMMENTS Luis Castro, Chula Vista resident, spoke regarding housing issues. Terri Lawson spoke regarding parking at the library during Council meetings. 7. PUBLIC HEARINGS 7.1 Annual Budget: Consideration of Adopting the Fiscal Year 2022/23 Operating and Capital Improvement Budgets, Revised Fiscal Year 2022/23 Compensation Schedule, Revised Fiscal Policy, and Measure A Reserve Policy 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. 2022/10/25 City Council Post Agenda Page 48 of 407 2022/05/24 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Meeting Page 5 City Attorney Googins announced that the following Councilmembers would abstain from voting and leave the dais on the items indicated due to potential property-related conflicts of interest: Mayor Casillas Salas on Items 7.1B and 7.1E; Councilmember McCann on Items 7.1C, 7.1E, and 7.1F; Councilmember Padilla on Items 7.1D, and 7.1F. Finance Director Schoen and Budget and Analysis Manager Prendell gave a presentation on the item and responded to questions of the Council. Finance Director Schoen announced that approval of the item would affect executive compensation. Mayor Casillas Salas opened the public hearing. David Stucky spoke regarding adoption of Resolution M and responded to questions of the Council. Spencer Cash spoke in opposition to staff's recommendations. There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Council discussion ensued. ACTION: Moved by Councilmember McCann Seconded by Deputy Mayor Cardenas To adopt Resolution Nos. 2022-121(Item 7.1A), HA2022-005 (Item 7.1G), SA2022-002 (Item 7.1H), 2022-127 through 2022-129 (Items 7.1I-K), 2022-131 (Item 7.1N) and place the ordinance (Item 7.1L) on first reading. The headings were read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) A) RESOLUTION NO. 2022-121 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2022-23 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2023 EXCLUDING OPEN SPACE DISTRICTS: 01, 09, 10, 20 (ZONE 7), EASTLAKE MAINTENANCE DISTRICT 1 ZONE C, EASTLAKE MAINTENANCE DISTRICT 1 ZONE E, COMMUNITY FACILITIES DISTRICT 07M EASTLAKE WOODS & VISTA, AND CAPITAL IMPROVEMENT PROJECTS GGV0245 AND STM0407 G) RESOLUTION NO. 2022-005 OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR FISCAL YEAR 2022-23 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2023 H) RESOLUTION NO. 2022-002 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 2022-23 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2023 I) RESOLUTION NO. 2022-127 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN 2022/10/25 City Council Post Agenda Page 49 of 407 2022/05/24 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Meeting Page 6 TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AND CHANGES IN SALARY AS REFLECTED IN THE FISCAL YEAR 2022/23 OPERATING BUDGET J) RESOLUTION NO. 2022-128 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES AND ELECTED OFFICIALS, INCLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO IMPLEMENT SAID AMENDED COMPENSATION SUMMARY K) RESOLUTION NO. 2022-129 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2022/23 COMPENSATION SCHEDULE EFFECTIVE JULY 1, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 L) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLES OF CHIEF INFORMATION SECURITY OFFICER AND DELETING THE POSITION TITLES OF REAL PROPERTY MANAGER AND SMART TECHNOLOGY OFFICER (FIRST READING) (4/5 VOTE REQUIRED) N) RESOLUTION NO. 2022-131 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE REVISED FISCAL POLICY ACTION: Moved by Councilmember Galvez Seconded by Councilmember Padilla To adopt Resolution No. 2022-122, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Councilmember Padilla Abstain (1): Mayor Casillas Salas Result: Carried (4 to 0) B) RESOLUTION NO. 2022-122 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR OPEN SPACE DISTRICT #09, 10, AND EASTLAKE MAINTENANCE DISTRICT 1 ZONE E, FOR FISCAL YEAR 2022-23 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2023 ACTION: Moved by Mayor Casillas Salas Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-123, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas Abstain (1): Councilmember McCann Result: Carried (4 to 0) C) RESOLUTION NO. 2022-123 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR OPEN SPACE DISTRICT #1, AND CAPITAL IMPROVEMENT BUDGETS FOR CIP PROJECT GGV0245 AND STM0407 2022/10/25 City Council Post Agenda Page 50 of 407 2022/05/24 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Meeting Page 7 FOR FISCAL YEAR 2022-23 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2023 ACTION: Moved by Councilmember McCann Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-124, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, and Mayor Casillas Salas Abstain (1): Councilmember Padilla Result: Carried (4 to 0) D) RESOLUTION NO. 2022-124 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR EASTLAKE MAINTENANCE DISTRICT 1 ZONE C FOR FISCAL YEAR 2022-23 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2023 ACTION: Moved by Councilmember Padilla Seconded by Councilmember Galvez To adopt Resolution No. 2022-125, heading read, text waived. The motion carried by the following vote: Yes (3): Deputy Mayor Cardenas, Councilmember Galvez, and Councilmember Padilla Abstain (2): Councilmember McCann, and Mayor Casillas Salas Result: Carried (3 to 0) E) RESOLUTION NO. 2022-125 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR OPEN SPACE DISTRICT 20 ZONE 7 FOR FISCAL YEAR 2022-23 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2023 ACTION: Moved by Deputy Mayor Cardenas Seconded by Mayor Casillas Salas To adopt a Resolution No. 2022-126, heading read, text waived. The motion carried by the following roll call vote: Yes (3): Deputy Mayor Cardenas, Councilmember Galvez, and Mayor Casillas Salas Abstain (2): Councilmember McCann, and Councilmember Padilla Result: Carried (3 to 0) F) RESOLUTION NO. 2022-126 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR COMMUNITY FACILITIES DISTRICT 07M EASTLAKE WOODS & VISTA FOR FISCAL YEAR 2022-23 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2023 ACTION: Moved by Councilmember Galvez Seconded by Mayor Casillas Salas 2022/10/25 City Council Post Agenda Page 51 of 407 2022/05/24 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Meeting Page 8 To adopt Resolution No. 2022-130, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result: Carried (5 to 0) O) RESOLUTION NO. 2022-130 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MEASURE A FUND RESERVE POLICY 8. CITY MANAGER’S REPORTS There were none. 9. MAYOR’S REPORTS Mayor Casillas Salas expressed gratitude to City staff for their hard work on current projects. 10. COUNCILMEMBERS’ COMMENTS Councilmember McCann expressed gratitude to City staff for their hard work on the budget and invited the community to the Annual Fleet Reserve Dedication at Glen Abbey. Councilmember Padilla expressed gratitude to City staff for their hard work on the budget. He also spoke regarding recent school shootings and the relationship between gun violence and mental health issues. Deputy Mayor Cardenas expressed her apologies for missing a recent Council meeting discussing tenant protections and reminded the community of the upcoming election. Councilmember Galvez expressed her condolences to the family of Ezekial Sol Paez on his recent passing. She also spoke regarding the fentanyl epidemic. 11. CITY ATTORNEY'S REPORTS City Attorney Googins spoke briefly regarding the relationship between gun violence and mental health issues. He also gave an update on the City Charter project. 12. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 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 7:11p.m. The Council convened in Closed Session at 7:17 p.m., with all members present. 12.1 Conference with Legal Counsel-Anticipated Litigation 2022/10/25 City Council Post Agenda Page 52 of 407 2022/05/24 Minutes – City Council, Successor Agency to the Redevelopment Agency, and Housing Authority Meeting Page 9 Significant Exposure to litigation pursuant to Government Code Section 54956.9(d)(2) [or] (3): Two (2) Cases: including City of Chula Vista Claim CV22031 Presented on 10/04/21. ACTION: No Reportable Action 12.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case: The Affordable Housing Coalition of San Diego County v. Drager, Sacramento Superior Court, Case No. 34-2012-80001158-CU-WM-GDS ACTION: No Reportable Action 13. ADJOURNMENT The meeting was adjourned at 7:55 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/25 City Council Post Agenda Page 53 of 407 City of Chula Vista Regular Meeting of the City Council Meeting Minutes June 7, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, Mayor Casillas Salas Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:09 p.m. via teleconference and in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Cardenas led the Pledge of Allegiance. Mayor Casillas Salas called for a moment of silence to honor the students of Uvlade and other victims of gun violence. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation Proclaiming Tuesday, June 7, 2022 as Port Commissioner Ann Moore Day in the City of Chula Vista Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Ann Moore. 4.2 Recognition of the Rancho Del Rey Middle School Royal Robotics VEX Team 6446C, Winners of the 2022 Middle School VEX VCR World Championship Mayor Casillas Salas read the proclamation and Councilmembers McCann, Cardenas, and Galvez presented City of Champions medals to the Rancho Del Rey Middle School Royal Robotics VEX Team 644C. 2022/10/25 City Council Post Agenda Page 54 of 407 202206/07 Minutes - City Council Regular Meeting Page 2 5. CONSENT CALENDAR (Items 5.1 through 5.10) Mayor Casillas Salas announced that Item 5.6 would be continued to the June 14, 2022 meeting at the request of staff and that Item 5.10 would be removed from the Consent Calendar for a brief presentation. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended actions appearing below consent calendar Items 5.1 through 5.5 and 5.7 through 5.9. The headings were read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) 5.1 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2 Consideration of Requests for Excused Absences Consider requests for excused absences as appropriate. No requests were received at that meeting. 5.3 Annual Budget: Update List of Unclassified City Position Titles Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position titles of Chief Information Security Officer and deleting the position titles of Real Property manager and Smart Technology Officer. ORDINANCE NO. 3522 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLES OF CHIEF INFORMATION SECURIT Y OFFICER AND DELETING THE POSITION TITLES OF REAL PROPERTY MANAGER AND SMART TECHNOLOGY OFFICER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) 5.4 Contract Award and Appropriation: Awarding a Public Works Contract to Blue Pacific Engineering & Construction for the Chula Vista Elite Athlete Training Center (CVEATC) Bridge Repair Project and Appropriating Funds for That Purpose Adopt a resolution approving a contract with Blue Pacific Engineering & Construction for the CVEATC Bridge Repair project (CIP GGV0241) and appropriating funds for the construction phase of the project. RESOLUTION NO. 2022-132 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING A CONTRACT FOR THE “CVEATC BRIDGE REPAIR (GGV0241)” PROJECT TO BLUE PACIFIC ENGINEERING & CONSTRUCTION IN THE AMOUNT OF $1,713,727.00; AND APPROPRIATING 2022/10/25 City Council Post Agenda Page 55 of 407 202206/07 Minutes - City Council Regular Meeting Page 3 $2,484,000 FROM UNANTICIPATED REVENUES AND THE GENERAL FUND TO THE CVEATC BRIDGE REPAIR PROJECT (GGV0241) (4/5 VOTE REQUIRED) 5.5 Grant Applications: Authorize the Submittal of Two Active Transportation Program Grant Applications, and State the City's Assurance to Complete the Projects Adopt a resolution authorizing the submittal of two Active Transportation Program - Cycle 6 grant applications for the F Street Promenade - Phase 1 and Bayshore Bikeway from E Street to Lagoon Drive projects, and state the City's assurance to complete the projects. RESOLUTION NO. 2022-133 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL ACTIVE TRANSPORTATION PROGRAM – CYCLE 6 GRANT APPLICATIONS FOR (1) THE F STREET PROMENADE - PHASE 1 PROJECT AND (2) THE BAYSHORE BIKEWAY FROM E STREET TO LAGOON DRIVE PROJECT; AND STATING THE CITY’S ASSURANCE TO COMPLETE THE PROJECTS 5.7 Donation Acceptance & Appropriation: Accept Donations to be Used for the Costs Associated with Parks & Recreation Facilities and Programs Adopt a resolution accepting donations from multiple sources in the amount of $4,250 to be used for costs associated with Parks & Recreation facilities and programs, and appropriating funds for that purpose. RESOLUTION NO. 2022-134 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING MULTIPLE DONATIONS IN A TOTAL AMOUNT OF $4,250 FOR COSTS ASSOCIATED WITH PARKS & RECREATION FACILITIES AND PROGRAMS AND AMENDING THE FY2021/2022 COMMUNITY SERVICES DEPARTMENT BUDGET APPROPRIATING SAID FUNDS THEREFOR (4/5 Vote Required) 5.8 Senate Bill 1383: Amendments to Chula Vista Municipal Code Chapters 8.24 (Solid Waste) and 8.25 (Recycling, Organic Waste, and Edible Food Recovery) to Ensure Compliance with Senate Bill 1383 Mandates Place an ordinance on first reading amending various sections of Chula Vista Municipal Code Chapters 8.24 and 8.25 to ensure compliance with Senate Bill 1383 regulations. ORDINANCE NO. 3523 OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 8.24 AND 8.25 OF THE CHULA VISTA MUNICIPAL CODE TO COMPLY WITH THE STATE OF CALIFORNIA’S SHORT-LIVED CLIMATE POLLUTION REGULATIONS (FIRST READING) 5.9 Coastal Development Permit Waiver: Receive a Report on the Issuance of a Coastal Development Permit De Minimis Waiver for Demolition of 215 Bay Boulevard Receive a report and accept the Development Services Director’s determination regarding the issuance of a Coastal Development Permit De Minimis waiver for the demolition of the existing structure at 215 Bay Boulevard. 2022/10/25 City Council Post Agenda Page 56 of 407 202206/07 Minutes - City Council Regular Meeting Page 4 RECEIPT OF A REPORT AND ACCEPTANCE OF THE DEVELOPMENT SERVICES DIRECTOR'S DETERMINATION REGARDING THE ISSUANCE OF A COASTAL DEVELOPMENT PERMIT DE MINIMIS WAIVER FOR THE DEMOLITION OF THE EXISTING STRUCTURE AT 215 BAY BOULEVARD. ITEMS REMOVED FROM CONSENT CALENDAR 5.6 City Employment Benefits: Adopt Amendments to the Memoranda of Understanding with Collective Bargaining Groups Regarding Employee Benefits Item 5.6 was continued to the June 14, 2022 meeting. 5.10 Housing and Urban Development (HUD) Action Plan Amendment: Amend the HUD 2021/2022 Annual Action Plan, the Sub-Recipient Agreement with SBCS for Emergency Shelter Operations and Approve an Agreement with Clean the World for Mobile Shower Services Deputy City Manager Allen gave a presentation on the item. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-135, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) RESOLUTION NO. 2022-135 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (1) APPROVING AN AMENDMENT TO THE 2021/2022 ANNUAL ACTION PLAN TO REALLOCATE FUNDING FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE EMERGENCY SOLUTIONS GRANT; (2) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO THE SUBRECIPIENT AGREEMENT WITH SBCS FOR EMERGENCY HOMELESS SHELTER OPERATIONS; AND (3) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH CLEAN THE WORLD FOUNDATION, INC. FOR THE FRESH START WASH & WELLNESS PROGRAM 6. PUBLIC COMMENTS John Acosta, Chula Vista resident, spoke regarding a flag at the library and District 2 sidewalk conditions. Becky Rapp, Chula Vista resident, spoke regarding the negative effects of marijuana use in the community. At the request of Councilmember McCann, there was a consensus of the Council to request that the City Manager explore placing a flag at the library. 2022/10/25 City Council Post Agenda Page 57 of 407 202206/07 Minutes - City Council Regular Meeting Page 5 7. PUBLIC HEARINGS 7.1 Regional Transportation Improvement Program: Adopt the TransNet Local Street Improvement Program of Projects for Fiscal Years 2022/23 through 2026/27 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. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. ACTION: Moved by Councilmember Galvez Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-136, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) RESOLUTION NO. 2022-136 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2022/23 THROUGH 2026/27 8. ACTION ITEMS 8.1 Art Gallery: Naming of the City Building Located at 50 North Fourth Avenue as “Casa Casillas,” In Honor of Chula Vista Resident and Artist, Paula Casillas City Librarian Whatley gave a presentation on the item. ACTION: Moved by Deputy Mayor Cardenas Seconded by Councilmember Padilla To adopt Resolution No. 2022-137, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) RESOLUTION NO. 2022-137 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE NAMING OF THE CITY BUILDING LOCATED AT 50 NORTH FOURTH AVENUE AS “CASA CASILLAS” IN HONOR OF CHULA VISTA RESIDENT AND ARTIST, PAULA CASILLAS 2022/10/25 City Council Post Agenda Page 58 of 407 202206/07 Minutes - City Council Regular Meeting Page 6 9. CITY MANAGER’S REPORTS 9.1 Ratification of Appointment: City Manager’s Appointment of the Director of Information Technology Services – Jose Cisneros ACTION: Moved by Councilmember Padilla Seconded by Councilmember McCann To adopt Resolution No. 2022-138, heading read, text waived. The motion carried by the following vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) RESOLUTION NO. 2022-138 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE CITY MANAGER’S APPOINTMENT OF DIRECTOR OF INFORMATION TECHNOLOGY SERVICES – JOSE CISNEROS 10. MAYOR’S REPORTS Mayor Casillas Salas spoke regarding the following recent events: Sesame Place presentation at the First Friday Breakfast; the Bayfront Press Conference; and the US Conference of Mayors. She also announced that the Bayfront groundbreaking event would be held on July 28, 2022, and that the City of Champions event would be held in conjunction with the Third Avenue Block Party. 11. COUNCILMEMBERS’ COMMENTS Deputy Mayor Cardenas reminded the community to vote. She also spoke regarding a community meeting to discuss Harborside Park and ongoing issues with school district staff and parents. Councilmember Padilla reminded the community to vote and encouraged candidates currently running for office. Councilmember McCann congratulated Mayor Casillas Salas on the naming of Casa Casillas. He also spoke regarding his attendance at the swearing-in ceremony for eight new officers and the Annual Memorial Day Celebration at Glen Abbey 12. CITY ATTORNEY'S REPORTS City Attorney Googins commended Deputy Mayor Cardenas for her leadership at the recent meeting regarding Harborside Park. He also encouraged candidates currently running for office. 2022/10/25 City Council Post Agenda Page 59 of 407 202206/07 Minutes - City Council Regular Meeting Page 7 13. 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 Attorney Googins announced that Item 13.1 would not be discussed and would be continued to a future meeting. 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-00017713-CU-MC-CTL ACTION: Item was not discussed. 14. ADJOURNMENT Mayor Casillas Salas adjourned the meeting in memory of Harold West and spoke of his accomplishments. The meeting was adjourned at 6:20 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/25 City Council Post Agenda Page 60 of 407 2022/06/14 Minutes – City Council Regular Meeting Page 1 City of Chula Vista Regular Meeting of the City Council Meeting Minutes June 14, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember McCann, Councilmember Padilla, Mayor Casillas Salas Excused: Councilmember Galvez Also Present: City Manager Kachadoorian, City Attorney Googins, Assistant City Clerk Turner, Deputy City Clerk Kansas The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council 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. 2. ROLL CALL Assistant City Clerk Turner called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Cardenas led the Pledge of Allegiance. Mayor Casillas Salas announced a closed session item noticed on the separate special meeting agenda and stated the Council would convene at a later time to discuss the item. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation by Cesar Hernandez, Clean Mobility Options Program Manager, Regarding the New Chula Vista Community Shuttle Program Sustainability Manager Gakunga introduced the item, spoke briefly about the Community Shuttle Program, and answered questions of the Council. Cesar Hernandez, representing Clean Mobility Options gave a presentation on the item. 2022/10/25 City Council Post Agenda Page 61 of 407 2022/06/14 Minutes – City Council Regular Meeting Page 2 4.2 Presentation of a Proclamation Proclaiming June 2022 as Myasthenia Gravis Awareness Month in the City of Chula Vista Mayor Casillas Salas read the proclamation, and Councilmember McCann presented it to Deborah Vick, Ms. Wheelchair California 2022, representing RareABILITY. 4.3 Presentation of a Proclamation to Edward H. Chew, III in Recognition of His Retirement and 31 Years of Service with the City of Chula Vista Mayor Casillas Salas read the proclamation, and Councilmember Padilla presented it to Edward Chew. Information Technology Director Chew gave a presentation on the item. 5. CONSENT CALENDAR (Items 5.1 through 5.13) Mayor Casillas Salas announced that Items 5.3, 5.4, and 5.5 were removed from the consent calendar at the request of the public and that Item 5.9 would be continued to a later date. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended actions appearing below consent calendar Items 5.1 through 5.2, 5.6 through 5.8, and 5.10 through 5.13. The headings were read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (4 to 0) 5.1 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2 Consideration of Requests for Excused Absences Approval of a request for an excused absence from Councilmember Galvez for that meeting. 5.6 Unclaimed Monies: Transfer Unclaimed Monies from Cash Bond Deposit Fund to General Fund Adopt a resolution transferring unclaimed monies in the amount of $21,022.81 from the Cash Bond Deposit Fund to the General Fund. RESOLUTION NO. 2022-140 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN T HE AMOUNT OF $21,022.81 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND 2022/10/25 City Council Post Agenda Page 62 of 407 2022/06/14 Minutes – City Council Regular Meeting Page 3 5.7 Grant Award: Accept a Grant from California Governor’s Office of Emergency Services for the Paul Coverdell Forensic Science Improvement Program Adopt a resolution accepting $55,590 in grant funds from the California Governor’s Office of Emergency Services and appropriating the funds to the Police Grants Section of the Federal Grants Fund for the Paul Coverdell Forensic Science Improvement Program. RESOLUTION NO. 2022-141 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $55,590 FROM THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES FOR THE COVERDELL FORENSIC SCIENCE IMPROVEMENT PROGRAM AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND 5.8 Agreement Extension: Accept an Agreement Extension with Axon Enterprise, Inc. for the Body-Worn Camera Program Adopt a resolution accepting an agreement extension with Axon Enterprise, Inc. for the Body-Worn Camera Program, and authorizing the City Manager to execute the agreement. RESOLUTION NO. 2022-143 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN AGREEMENT EXTENSION WITH AXON ENTERPRISE, INC. FOR THE BODY WORN CAMERA PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME 5.10 Agreement Amendment: Approve the First Amendment to the Agreement with Global Power to Increase the Maximum Contract Amount and Extend the Contract to June 30, 2023 for Emergency Generator Maintenance Services Adopt a resolution approving the first amendment to the agreement between the City and Global Power to increase the maximum contract amount to $375,000 and extend the agreement by one year. RESOLUTION NO. 2022-145 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GLOBAL POWER TO PROVIDE EMERGENCY GENERATOR MAINTENANCE SERVICE 5.11 Declaration of Surplus Land: Declare a City-Owned Parcel of Vacant, Undeveloped Property as Surplus Land Pursuant to the Surplus Land Act Adopt a resolution declaring an approximately 7,200 square foot parcel of vacant, undeveloped property at the northern edge of the City-owed 54-acre west landfill site as vacant land under the Surplus Land Act. RESOLUTION NO. 2022-145 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING APPROXIMATELY 7,200 SQUARE FEET OF UNDEVELOPED, VACANT PROPERTY AT THE NORTHERN EDGE OF THE CITY-OWNED WEST LANDFILL SITE AS VACANT LAND UNDER THE SURPLUS LAND ACT (GOVERNMENT CODE 54220 ET. SEQ.) 2022/10/25 City Council Post Agenda Page 63 of 407 2022/06/14 Minutes – City Council Regular Meeting Page 4 5.12 Public Works Contract Award: Accept Bids and Award the Contract for the “Public Facility Improvement (CIP# GGV0254) and Faivre & Broadway Sidewalk Improvement (CIP# GGV0255)" Projects to Western Rim Constructors Group, Inc. Council adopt a resolution accepting bids and awarding the contract for the “Public Facility Improvement (CIP# GGV0254) and Faivre & Broadway Sidewalk Improvement (CIP# GGV0255)” projects to Western Rim Constructors, Inc. in the amount of $2,776,014.20. RESOLUTION NO. 2022-146 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; WAIVING IMMATERIAL IRREGULARTIES; AND AWARDING THE CONTRACT FOR THE “PUBLIC FACILITY IMPROVEMENT (CIP# GGV0254) AND FAIVRE & BROADWAY SIDEWALK IMPROVEMENT (CIP# GGV0255)” PROJECTS TO WESTERN RIM CONSTRUCTORS, INC. 5.13 City Employment Benefits: Adopt Amendments to the Memoranda of Understanding with Collective Bargaining Groups Regarding Employee Benefits Adopt a resolution approving amendments to memoranda of understanding (MOUs) regarding the addition of Juneteenth as a hard holiday, a Post Employment Health Plan, and the option to cash out vacation, compensatory time, and sick leave, if applicable for the following bargaining units: Association of Chula Vista Employees (“ACE”); Chula Vista Mid-Managers/Professional Association, SEIU Local 221 (“MM/PROF”); Non-Safety Local 2180, International Association of Fire Fighters, (“Non-Safety IAFF”); Chula Vista Peace Officers Association (“POA”); and the Western Council of Engineers (“WCE”). RESOLUTION NO. 2022-147 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO MEMORANDA OF UNDERSTANDING REGARDING THE ADDITION OF JUNETEENTH AS A HARD HOLIDAY, A POST EMPLOYMENT HEALTH PLAN AND THE OPTION TO CASH OUT VACATION COMPENSATORY TIME AND SICK LEAVE IF APPLICABLE FOR THE FOLLOWING BARGAINING UNITS: ASSOCIATION OF CHULA VISTA EMPLOYEES; CHULA VISTA MID MANAGERS/ PROFESSIONAL ASSOCIATION, SEIU LOCAL 221; NON-SAFETY, LOCAL 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS; CHULA VISTA PEACE OFFICERS ASSOCIATION; AND THE WESTERN COUNCIL OF ENGINEERS ITEMS REMOVED FROM THE CONSENT CALENDAR 5.3 Senate Bill 1383: Amendments to Chula Vista Municipal Code Chapters 8.24 (Solid Waste) and 8.25 (Recycling, Organic Waste, and Edible Food Recovery) to Ensure Compliance with Senate Bill 1383 Mandates Alan C. spoke in opposition to the item. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Ordinance No.3523, heading read, text waived. The motion was carried by the following vote 2022/10/25 City Council Post Agenda Page 64 of 407 2022/06/14 Minutes – City Council Regular Meeting Page 5 Yes (4): Deputy Mayor Cardenas, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (4 to 0) ORDINANCE NO. 3523 OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 8.24 AND 8.25 OF THE CHULA VISTA MUNICIPAL CODE TO COMPLY WITH THE STATE OF CALIFORNIA’S SHORT-LIVED CLIMATE POLLUTION REGULATIONS (SECOND READING AND ADOPTION) 5.4 Gann Initiative: Establish Appropriations Limit for Fiscal Year 2022/23 Alan C. spoke in support of the item. ACTION: Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-139, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-139 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE GANN INITIATIVE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2022/23 5.5 The Road Repair and Accountability Act of 2017 (RMRA): Approve the Proposed List of Projects for Fiscal Year 2022/23 Alan C. spoke in opposition to the item. ACTION: Moved by Councilmember McCann Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-140, heading read, text waived. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-140 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022/23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 5.9 Contract: Award of Janitorial Services Contract to Nova Commercial Item 5.9 was continued to a future date. 2022/10/25 City Council Post Agenda Page 65 of 407 2022/06/14 Minutes – City Council Regular Meeting Page 6 6. PUBLIC COMMENTS Alan C. spoke regarding gas prices and road improvements. Joseph Raso, Chula Vista resident, also speaking on behalf of Stan Pale, Mary Raso and Michael Raso, spoke regarding a residential landlord and tenant ordinance. 7. PUBLIC HEARINGS 7.1 Organic Waste Collection Service Rates: Approve New and Adjusted Rates for Organic Waste Collection Services to Cover the Costs of Compliance with the State's Organic Waste Reduction Regulations and Amend the City's Master Fee Schedule Accordingly 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. Environmental Services Manager Medrano and Deputy City Attorney McDonnell along with Jill Larner and Haley Aumiller, representing Cal Recycle, gave a presentation on the item and answered questions of the Council. Mayor Casillas Salas opened the public hearing. The following members of the public spoke in opposition to staff's recommendation:  Adrienne Turner  Alan C. Elizabeth Prado, Chula Vista resident, also speaking on behalf of Edilberto Samala and AJ Thomas, spoke in support of staff's recommendation. The following members of the public spoke regarding the item.  Zachary Scowden, representing Otay Farms Market  Tina Matthias, representing South Bay Sustainable Communities Assistant City Clerk Turner announced that one email in favor of the item had been received and that 140 protests had been received by the City Clerk, which did not constitute a majority vote. There being no further members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Environmental Services Manager Medrano and Republic Services staff spoke regarding rate calculations and responded to questions of the Council. Council discussion ensued. ACTION: Moved by Mayor Casillas Salas Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-148, heading read, text waived. The motion carried by the following vote: 2022/10/25 City Council Post Agenda Page 66 of 407 2022/06/14 Minutes – City Council Regular Meeting Page 7 Yes (4): Deputy Mayor Cardenas, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (4 to 0) RESOLUTION NO. 2022-148 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE RESULTS OF THE PUBLIC PROTESTS AND PUBLIC HEARING AND APPROVING THE NEW AND ADJUSTED RATES FOR ORGANIC WASTE COLLECTION SERVICES TO COMPLY WITH STATE ORGANIC WASTE REGULATIONS WITH CORRESPONDING AMENDMENTS TO THE CITY’S MASTER FEE SCHEDULE 8. CITY MANAGER’S REPORTS City Manager Kachadoorian provided a summary of settlement terms related to the recent waste collection interruption. Environmental Services Manager Medrano and Deputy City Attorney McDonnell gave an update on a Council referral to explore the feasibility of a request for proposal for waste collection services. 8.1 SR-125 Legislative Update Deputy City Manager Broughton gave an update on the item and responded to questions of the Council. 9. MAYOR’S REPORTS 9.1 Ratification of Appointment of Appaswamy "Vino" Pajanor to the Human Relations Commission ACTION: Moved by Councilmember McCann Seconded by Councilmember Padilla To ratify the above appointment. The motion carried by the following vote: Yes (4): Deputy Mayor Cardenas, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (4 to 0) 10. COUNCILMEMBERS’ COMMENTS Councilmember McCann expressed his gratitude for several new business openings to including First Bank, Shore Total, and Prime Steak House. 11. CITY ATTORNEY'S REPORTS City Attorney Googins gave an update on the Charter review project. 12. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Alan C. spoke in opposition to items being heard in closed session. 2022/10/25 City Council Post Agenda Page 67 of 407 2022/06/14 Minutes – City Council Regular Meeting Page 8 Mayor Casillas Salas recessed the meeting at 7:59 p.m. The Council convened in Closed Session at 8:06 p.m., with all members present. 12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Vivian Agundez, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2020-00006468-CU-PO-CTL ACTION: No Reportable Action 13. ADJOURNMENT The meeting was adjourned at 8:47 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/25 City Council Post Agenda Page 68 of 407 REGULAR MEETING OF THE CITY COUNCIL Meeting Minutes June 14, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, Mayor Casillas Salas Excused: Councilmember Galvez Also Present: City Manager Kachadoorian, City Attorney Googins 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. _____________________________________________________________________ 1. CALL TO ORDER A special meeting of the City Council of the City of Chula Vista was called to order at 8:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. Following the meeting being called to order, the meeting was recessed to consider the items on the regular City Council meeting agenda, a notice of which was provided separately. 2. ROLL CALL Assistant City Clerk Turner called the roll. 3. 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. Mayor Casillas Salas announced that the Council would convene in closed session to discuss the items listed below. 2022/10/25 City Council Post Agenda Page 69 of 407 2022/06/14 Minutes – City Council Special Meeting Page 2 The Council convened in closed session at 8:06 p.m. 3.1 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Maria Kachadoorian, Glen Googins, Courtney Chase, Simon Silva, Tanya Tomlinson, Ed Prendell, and Adrian Del Rio Employee organizations: IAFF ACTION: Pending Approval of Final Terms for Agreement 4. ADJOURNMENT The meeting was adjourned at 8:47 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/10/25 City Council Post Agenda Page 70 of 407 v . 0 03 P a g e | 1 October 18, 2022 ITEM TITLE Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Position Counts in Departments; Revised Ordinance; Revised Compensation Schedule; Updated Conflict of Interest Code, and Budget Amendments Report Number: 22-0249 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt resolutions: (A) Amending the Compensation Schedule and Classification Plan to reflect the addition and deletion of various position titles and amending the authorized position count in various departments; (B) Approving the revised Fiscal Year 2022-23 Compensation Schedule effective October 21, 2022, as required by the California Code of Regulations, Title 2, Section 570.5; (C) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700); and (D) Amending the Fiscal Year 2022-23 budget to appropriate funds, accordingly (4/5 Vote Required); and place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Development Project Manager a nd delete the position title of Bayfront Development Project Manager. (First Reading) (4/5 Vote Required) SUMMARY In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing the addition and deletion of certain classifications and positions. These changes necessitate amendments to the City’s Compensation Schedule, Classification Plan, and departmental position counts. 2022/10/25 City Council Post Agenda Page 71 of 407 P a g e | 2 Staff is also recommending approval of the revised Fiscal Year 2022-2023 Compensation Schedule effective October 21, 2022, updating the list of designated filers who are required to file periodic Statements of Economic Interests (Form 700) and adoption of an ordinance amending Chula Vista Municipal Code Section 2.05.010 relating to unclassified positions. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Compensation Schedule and Classification Plan Civil Service Rule 1.02.A, which applies to the City’s classified positions, provides for necessary reviews and changes so that the City’s classification plan is kept current, and that changes in existing classes, the establishment of new classes, or the abolition of classes are properly reflected in the Classification Plan. In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing certain position changes, with corresponding updates to the Classification Plan, Compensation Schedule, and authorized departmental position counts. The following identifies the affected positions and proposed changes. Department Position Title FTE General Fund Finance Accounting Technician -2.00 Payroll Specialist 2.00 Associate Accountant -1.00 Payroll Supervisor 1.00 Fire EMS Inventory Specialist -1.00 Fire Inventory Specialist 1.00 General Fund Total 0.00 2022/10/25 City Council Post Agenda Page 72 of 407 P a g e | 3 Department Position Title FTE Development Services Fund Development Services Bayfront Development Project Manager -1.00 Development Project Manager 1.00 Development Services Fund Total 0.00 Measure A Fund Fire EMS Inventory Specialist -1.00 Fire Inventory Specialist 1.00 Police Community Services Officer 2.00 Measure A Fund Total 2.00 Total City-Wide Position Changes (Net Increase/Decrease) 2.00 Summary of New and Updated Classifications Position Title Employee Group Bi-Weekly E Step Development Project Manager Senior Management $6,730.77 Fire Inventory Specialist ACE $2,666.38 Fire Recruit ACE $2,429.57 Payroll Specialist Confidential $2,737.85 Payroll Supervisor Confidential $3,240.54 Police Recruit ACE $3,105.05 Adoption of Resolution A will amend the Compensation Schedule, Classification Plan, and authorized departmental position counts to reflect the above changes. Compensation Schedule Requirement California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements, including approval by the City’s governing body in accordance with the requirements of applicable public meeting laws. The revised Fiscal Year 2022-2023 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting of August 9, 2022. Adoption of Resolution B will approve the revised Compensation Schedule effective October 21, 2022, which reflects: (1) the addition of the Development Project Manager, Fire Inventory Specialist, Payroll Specialist and Payroll Supervisor position titles and (2) the deletion of the Bayfront Development Project Manager and EMS Inventory Specialist position titles. The Compensation Schedule reflecting these revisions is Attachment 1 to this Staff Report. 2022/10/25 City Council Post Agenda Page 73 of 407 P a g e | 4 Conflict of Interest Code Updates The City Clerk and City Attorney have reviewed the positions changes and recommend that the appendix to the Conflict of Interest Code (Attachment 2) be updated to designate the appropriate positions as Form 700 filers and as “designated employees” for purposes of AB 1234, requiring them to participate in mandatory ethics training. Approval of Resolution C will make the appropriate updates to the appendix to the Conflict of Interest Code. Budget Amendments Approval of Resolution D will amend the budget and appropriate funds in the amount of $115,953, as a result of position changes described above. Ordinance Chula Vista Municipal Code Section 2.05.010 requires updating to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500(a) requires that all unclassified positio ns not mentioned specifically in Charter Section 500(a) be adopted by ordinance. Adoption of the Ordinance will add the position title of Development Project Manager and delete the position title of Bayfront Development Project Manager from Municipal Code section 2.05.010. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4(a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is net impact to the General Fund in the current year. Staff is requesting the proposed budgetary adjustments of $115,953 coming from available fund balance reflected in the table below: Fund Cost Measure A 115,953$ Total Est. Costs 115,953$ 2022/10/25 City Council Post Agenda Page 74 of 407 P a g e | 5 ONGOING FISCAL IMPACT The ongoing estimated impact to the General Fund in Fiscal Year 2024 is $12,416, and in Fiscal Year 2025 is $12,621. Impacts to Measure A are estimated to total $170,249 in Fiscal Year 2024, increasing to $173,512 in Fiscal Year 2025. Ongoing salary costs will be incorporated into subsequent fiscal year budgets. The estimated fiscal impact in various funds is reflected in the table below: ATTACHMENTS 1. Revised Fiscal Year 2022-2023 Compensation Schedule Effective October 21, 2022 2. Appendix to the Conflict of Interest Code - List of Designated Filers Staff Contact: Courtney Chase, Director of Human Resources/Risk Management Fund FY 2024 FY 2025 General Fund 12,416$ 12,621$ Measure A 170,429 173,512 Total Est. Costs 182,845$ 186,133$ 2022/10/25 City Council Post Agenda Page 75 of 407 SECOND READING AND ADOPTION Ordinance No. ______ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF DEVELOPMENT PROJECT MANAGER AND DELETING THE POSITION TITLE OF BAYFRONT DEVELOPMENT PROJECT MANAGER WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City’s workforce; and WHEREAS, the Bayfront Development Project Manager position, given its duties and responsibilities, is an unclassified management position, within the meaning of Charter section 701; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor, At Will), Administrative Services Manager, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Bayfront Development Project Manager, Budget and Analysis Manager, Building Official/Code Enforcement Manager, Chief Information Security Officer, Chief of Staff, Chief Sustainability Officer, City Engineer, City Librarian, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Development Project Manager, Development Services Department Director, Director of Animal Services, Director of Community Services, Director of Conservation and Environmental Services, Director of Economic Development, Emergency Services Manager, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Cyber Security Program Manager, FA Deputy Director LECC, FA Deputy Executive Director, FA Executive Director, FA Public Private Partnership and Exercise Program Manager, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA Graphics Designer/Webmaster, FA IVDC-LECC Executive Director, FA Law Enforcement Coordination Center Information Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Network Administrator III, FA Program Analyst, FA Program Assistant Supervisor, FA Program Manager, FA Network Engineer, FA Senior Financial Analyst, 2022/10/25 City Council Post Agenda Page 76 of 407 Ordinance No. Page No. 2 FA Senior Intelligence Analyst, FA Senior Program Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, Facilities Financing Manager, Finance Manager, Housing Manager, Human Resources Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Parks and Recreation Administrator, Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Public Works Superintendent, Purchasing Agent, Redevelopment and Housing Manager, Revenue Manager, Risk Manager, Senior Council Assistant, Special Projects Manager and Traffic Engineer. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources/Risk Management City Attorney 2022/10/25 City Council Post Agenda Page 77 of 407 v . 0 03 P a g e | 1 October 25, 2022 ITEM TITLE Grant Submittals: Authorize the Submittal of Three Active Transportation Program Grant Applications to SANDAG Report Number: 22-0271 Location: (1) F Street between Broadway and Fourth Avenue; (2) westerly and parallel to Bay Boulevard between Lagoon Drive and H Street within the inactive railroad corridor for the Coronado Branch Line Railroad; (3) citywide, no specific geographic location. Department: Development Services & Engineering Environmental Notice: Applications 1 and 2: The activity qualifies for an Exemption pursuant to the California Environmental Quality Act (“CEQA”) State Guidelines Section 15301 Class 1 (Existing Facilities); Section 15303 Class 3 (New Construction or Conversion of Small Structures); Section 15304 Class 4 (Minor Alterations to Land); Section 15183 (Projects Consistent with a Community Plan or Zoning); and Section 15061(b)(3). Application 3: The activity is not a “Project” as defined under Section 15378 of the C EQA State Guidelines; therefore, pursuant to Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Adopt a resolution authorizing the submittal of three Active Transportation Program grant applications to the San Diego Association of Governments (SANDAG) for the (1) F Street Promenade – Phase 2, (2) Bayshore Bikeway – Lagoon Drive to H Street, and (3) Trails Master Plan projects, and state the City’s assurance to complete the projects. SUMMARY In the interest of obtaining grant funding toward roadway improvement projects and planning a citywide recreational trail system, City staff has prepared three (3) applications for the Regional Active Transportation Program – Cycle 6 grant administered by the San Diego Association of Governments (“SANDAG”). The goal of this program is to fund projects that encourage increased use of active modes of transportation, such as biking and walking, increase safety and mobility for non-motorized vehicles and 2022/10/25 City Council Post Agenda Page 78 of 407 P a g e | 2 advance active transportation efforts of regional agencies to achieve greenhouse gas reduction goals. The grant applications are for (1) the F Street Promenade – Phase 2, (2) the Bayshore Bikeway – Lagoon Drive to H Street, and (3) the Trails Master Plan. Additional funding has been made available for the ATP program at the regional level; therefore, staff is returning to Council recommending the application of these additional projects. The City was not successful in the first round of grant applications for the Cycle 6 of the Regional Active Transportation Program. ENVIRONMENTAL REVIEW Applications 1 and 2: The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity qualifies for a Categorical Exemption pursuant to the CEQA State Guidelines Section 15301 Class 1 (Existing Facilities); Section 15303 Class 3 (New Construction or Conversion of Small Structures); Section 15304 Class 4 (Minor Alterations to Land); Section 15183 (Projects Consistent with a Community Plan or Zoning); and Section 15061(b)(3). Thus, no further environmental review is required. Application 3: The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the 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 RECOMMENDATION Not applicable. DISCUSSION On March 21, 2022, the California Transportation Commission (“CTC”) announced the Active Transportation Program (“ATP”) - Cycle 6 Call for Projects. The purpose of the ATP is to increase the roadway usage by all active modes of transportation, giving preference to areas of high pedestrian and bicycle activity, as well as disadvantaged communities. Cycle 6 is expected to include about $854M in ATP funding made up of Federal funding, State SB1 and State Highway Account (“SHA”) funding. The funding/programming years include the 23/24, 24/25, 25/26, and 26/27 fiscal years. At the September 8, 2022 SANDAG Mobility Working Group meeting, local agencies were made aware that the ATP – Cycle 6 program is receiving a significant increase in funding for the regional competition (from $23.6M to $61.9M) and that SANDAG extended the application deadline to October 31, 2022. On June 7, 2022, the City Council adopted Resolution No. 2022-133, which authorized the submittal of ATP – Cycle 6 applications for F Street Promenade – Phase 1 (Bay Blvd to Broadway) and Bayshore Bikeway – E Street to Lagoon Drive. With the additional regional funding recently made available, staff recommends that the City apply for additional grant funding for the projects as described below: Proposed Project 1: F Street Promenade – Phase 2 Project Location: Overall Project – F Street (Bay Boulevard to Third Avenue) 2022/10/25 City Council Post Agenda Page 79 of 407 P a g e | 3 Phase 2 – F Street (Broadway to Fourth Avenue) Project Description: The goal of the F Street Promenade project is to develop a balanced, connected, safe, and convenient transportation network designed to serve all users, regardless of their age or ability, that will also provide multi-modal access (via walking, biking, and transit) to downtown Chula Vista on Third Avenue, the Chula Vista Civic Center, the E Street Transit Center, and the Chula Vista Bayfront. The need for the project is identified in the City’s General Plan, the Urban Core Specific Plan, and the F Street Promenade Streetscape Study (March 2018): https://www.chulavistaca.gov/departments/development-services/planning/f-street-master-plan Proposed improvements include enhancing pedestrian and bicycle facilities by expanding the existing five - foot wide sidewalk to create a 12’ wide multi-use pathway on both sides of the street, as provided in Attachment 1. The project will also include landscaped and lighted parkways, bulb-outs, new or improved crosswalks, and the undergrounding of overhead utilities. The added space for these improvements is within the existing street width east of Ash Avenue. A transition for the vehicular travel lanes would still be required just east of Broadway. On-street parking would remain. Since ATP requires all projects to be completed within four years of being awarded funding, staff recommends applying for grant funding to cover preliminary engineering (“PE”), right-of-way (“R/W”), and construction costs (“CON”) for only Phase 2 of the F Street Promenade project (from Broadway to Fourth Avenue). There is a $4,148,570 local match provided by the Utility Underground Program 20A funds in addition to $70,000 in CIP STM-0407 and $410,075 in local TransNet funds. Total - Estimated Cost: $36,109,944 (PE, R/W, UUD, CON) Phase 2 - Estimated Cost: $16,103,683 (PE, R/W, UUD, CON) (ATP Contribution: $10,842,253/Local Contribution: $4,628,645) Proposed Project 2: Bayshore Bikeway - Lagoon Drive to H Street Project Location: MTS Inactive Coronado Branch Line Railroad Corridor parallel to and west of Bay Blvd between Lagoon Drive and H Street Project Description The goal of the Bayshore Bikeway –Lagoon Drive to H Street project (Attachment 2) is to provide a critical gap segment closure of bikeway for the overall Bayshore Bikeway route that continues through Chula Vista along the 24-mile perimeter of the San Diego Bay. This project will install a Class I Separated Bikeway that provides improved safety for cyclists traveling to and from Chula Vista along the Ba yshore Bikeway (from National City) and along the Sweetwater Bike Path (from Bonita). This project will also encourage travel to Chula Vista’s Bayfront and Downtown areas. The need for the project is identified in the City’s Bayfront Master Plan, the Bayshore Bikeway Master Plan, and the Chula Vista Active Transportation Plan. https://www.sandag.org/uploads/projectid/projectid_63_5152.pdf https://www.chulavistaca.gov/departments/engineering/active-transportation-plan 2022/10/25 City Council Post Agenda Page 80 of 407 P a g e | 4 Proposed improvements include enhancing bicycle facilities by providing at least a 12’ minimum to 15’ wide Class I Separated Bikeway along the existing inactive MTS Coronado Branch Line Railroad Corridor approximately 200’ to the west of, and parallel to, Bay Boulevard. The presence of the Collins Aerospace Facility restricts any widening of Bay Boulevard along this corridor. MTS has agreed to the addition of the proposed bikeway along the railroad corridor, similarly, to actions they have approved in Imperial Beach and South San Diego segments. A Construction and Maintenance Agreement between the City and MTS was amended in 2021 to include the proposed improvements still needed within their railroad corridor between E Street and H Street (Attachment 3). On October 4, 2022, MTS provided the City a letter of support for the Bayshore Bikeway – Segment 6B project (Attachment 4). Since ATP requires all projects to be completed within four years of being awarded funding, staff recommends applying for grant funding to cover preliminary engineering, right-of-way, and construction costs. If this grant application is approved, future Council action will be taken on creating a CIP for project accounting purposes. Total - Estimated Cost: $4,818,000 (PE, R/W, CON) (ATP Contribution: $4,818,000) Proposed Project 3: Trails Master Plan Project Location: Citywide Project Description The goal of the Trails Master Plan is to develop a city-wide comprehensive trail system that will identify existing and planned facilities within the City’s open space areas. This network of hiking trails, paths, and off-road bikeways will connect Chula Vista’s neighborhoods with its numerous parks and recreation facilities as well as link to local and regional circulation systems in adjacent communities. The Trails Master Plan would also complement the City’s Active Transportation Plan (approved in May 2020) which guides future pedestrian and bicycle improvements along the City’s roadways. Background There currently exists a mix of planned and authorized trails as well as many unofficial trails that have been pioneered through city open space areas and, in some cases, within sensitive habitat that is damaging natural resources. While some existing trails are recognized by the City in various communities, the Trails Master Plan will formalize a network to add some of the currently unofficial trails and close off others to allow the repair of plant communities within these sensitive habitat areas. Both the City’s General Plan and Parks & Recreation Master Plan acknowledge the need for a trail system within the City: • General Plan - Policy E 11.4 states, “Prepare and implement a City-wide Trails Master Plan that defines staging and access areas, trail types, standards, and siting criteria, consistent with the Greenbelt Master Plan and the Chula Vista MSCP Subarea Plan, including the placement of appropriate limitations on public access outside of designated trails and staging and access areas.” • Parks & Recreation Master Plan (“PRMP”) - Policy 1.30 reads, “Enhance access to the parks and recreation system by continuing to grow the citywide network of open space, trails, paths, and bikeways linking park and recreation facility locations. 2022/10/25 City Council Post Agenda Page 81 of 407 P a g e | 5 Action Item: Develop a comprehensive trails master plan that identifies existing & planned facilities citywide. Action Item: Encourage the development of trails, paths, and bikeways within master-planned communities that not only link the community’s parks and recreation facilities but also provide connections to parks and recreation facilities in adjacent communities, including the Otay Valley River Park.” A comprehensive trails system supports City initiatives such as Healthy Chula Vista and the City’s Climate Action Plan goals by promoting physical activity and alternative modes of transportation and develops awareness of City’s urban forest and open space. Additionally, creating a citywide trails master plan will assist in overall development along the eastern portion of the City. As these planned communities begin to start construction, having the context of where these citywide trails will be located will assist in overall development patterns, park space connectivity and connecting roadways. The connecting roadways will include all modes of transportation as development continues to occur in the eastern portion of the City. The mountain biking community expressed a strong desire to formalize the many unofficial existing trails throughout the City during public outreach meetings and correspondence as staff was seeking input on the 2018 update to the PRMP. Staff acknowledged the need for this growing recreational sport and the need for a formal trail system, creating Policy 1.30, mentioned above. PRMP Figure 4-4, Greenbelt / Open Space & Network Trails / Paths also notes the intention to develop the Master Plan (Attachment 5). Pilot Project In July 2020, the City of Chula Vista embarked on a pilot project within Snake and Rice Canyons in the Rancho del Rey community. The pilot project formalized a loop trail and allowed the official use of mountain bikes on existing trails and recognizes some previously unofficial trail segments, while closing off others to reestablish sensitive habitat. On September 17, 2020, staff presented an update to the planned Master Plan and the Snake and Rice Canyon Loop Trail Pilot Project to the Parks & Recreation Commission, and while no formal recommendation was provided, the commissioners expressed full support of the projects. Staff has been documenting operations and maintenance costs associated with the pilot project and will be bringing forward its findings to City Council at a meeting later this fiscal year. Master Plan If awarded Cycle 6 funding, staff will issue a request for proposals from qualified consultants to prepare the Trails Master Plan. Staff will work with the selected consultant to develop a scope of work (including but not limited to, an existing inventory of trails, goals and objectives, framework of the trail system, proposed alignments, trailheads, staging areas and linkages, guidelines for design and construction, operations and management, program implementation, etc.) and schedule to prepare the plan. Total - Estimated Cost: $500,000 ($400,000 Master Plan Preparation/$100,000 CEQA Analysis) (ATP Contribution: $500,000) DECISION-MAKER CONFLICT Proposed Project Application 1: Staff has reviewed the property holdings of the City Council and has found that, Councilmember McCann has real property holdings within 1,000 feet, but beyond 500 feet, of the boundaries of the property which is the subject of this action. 2022/10/25 City Council Post Agenda Page 82 of 407 P a g e | 6 Staff has determined that the decision could change the parcel’s development potential, income-producing potential, highest and best use, character, and/or market value. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(8), this item presents a disqualifying real property- related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. Proposed Project Application 2: 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. Proposed Project Application 3: Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund or the Development Services Fund as a result of this action. If a grant is awarded, staff will return to Council with recommendations to accept and appropriate grant funds. ONGOING FISCAL IMPACT Proposed Project Application 1: F Street: Upon construction completion, the project will require routine maintenance and landscape maintenance along the F Street parkway areas. Proposed Project Application 2: Bayshore Bikeway: Upon construction completion, the bike path will be maintained per the Bayshore Bikeway Cooperative Agreement adopted by Council Resolution 9035, dated October 30, 1978. CIP STM-369 Bike Facilities Gap Project Program is a TransNet funded maintenance project that is currently used for bike facility maintenance citywide, including Bayshore Bikeway. Proposed Project Application 3: Trails Master Plan: There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. If the grant is awarded, staff will return to Council to appropriate grant funds. ATTACHMENTS 1. F Street Promenade – Phase 2 Exhibit 2. Bayshore Bikeway – Lagoon Drive to H Street Exhibit 2022/10/25 City Council Post Agenda Page 83 of 407 P a g e | 7 3. Construction & Maintenance Agreement for Bayshore Bikeway – Amendment No. 1 MTS 4. MTS Letter of Support for Bayshore Bikeway – Segment 6B 5. PRMP Figure 4-4, Greenbelt/Open Space & Network Trails/Paths Staff Contact: (Applications 1 & 2) William S. Valle – Director of Engineering and Capital Projects/City Engineer Patrick Moneda – Senior Civil Engineer (Application 3) Laura C. Black, AICP – Interim Director of Development Services Mark Caro, Landscape Architect, Development Services 2022/10/25 City Council Post Agenda Page 84 of 407 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF ACTIVE TRANSPORTATION PROGRAM – CYCLE 6 GRANT APPLICATIONS FOR: (1) THE F STREET PROMENADE - PHASE 2 PROJECT; (2) THE BAYSHORE BIKEWAY FROM LAGOON DRIVE TO H STREET PROJECT; AND (3) TRAILS MASTER PLAN; AND STATING THE CITY’S ASSURANCE TO COMPLETE THE PROJECTS WHEREAS, on March 21, 2022, the California Transportation Commission (“CTC”) announced the Active Transportation Program (“ATP”) - Cycle 6 Call for Projects; and WHEREAS, the purpose of the ATP is to increase the roadway usage by all active modes of transportation, giving preference to areas of high pedestrian and bicycle activity, as well as disadvantaged communities; and WHEREAS, ATP - Cycle 6 Call for Projects is expected to include about $854M in ATP funding made up of Federal funding, State SB1 and State Highway Account (“SHA”) funding; and WHEREAS, the ATP – Cycle 6 program is receiving a significant increase in funding for the regional competition (from $23.6M to $61.9M) and that SANDAG extended the application deadline to October 31, 2022 for additional ATP grant applications; and WHEREAS, the funding years for ATP – Cycle 6 includes the 2023/24, 2024/25, 2025/26, and 2026/27 Fiscal Years; and WHEREAS, staff is recommending the submittal of grant applications for the following infrastructure projects: (1) F Street Promenade – Phase 2, (2) Bayshore Bikeway – Lagoon Drive to H Street and (3) Trails Master Plan; and WHEREAS, if grants are awarded, this Resolution would authorize the City Manager, or designee, to execute in the name of the City of Chula Vista all grant and related documents, including but limited to, applications, agreements, amendments, and requests for payments, necessary to secure and utilize the grant funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it: 1. Authorizes the submittal of Active Transportation Program – Cycle 6 Grant Applications for the following projects: (1) F Street Promenade – Phase 2, (2) Bayshore Bikeway – Lagoon Drive to H Street and (3) Trails Master Plan. 2. States the City of Chula Vista’s assurance to complete the above projects. 2022/10/25 City Council Post Agenda Page 85 of 407 Presented by Approved as to form by William S Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney 2022/10/25 City Council Post Agenda Page 86 of 407 F STREET PROMENADE STREETSCAPE MASTER PLAN – PHASE II BROADWAY TO FOURTH AVENUE ATTACHMENT 1 2022/10/25 City Council Post Agenda Page 87 of 407 LAGOON DRIVE G STREET H STREET F STBAY BOULEVARDBAY BOULEVARDXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXINGBIKEXINGBIKEXINGBIKEXINGBIKEXINGBIKEXINGBIKEXXXXXXXXXXXXXINGBIKEXINGBIKEXINGBIKEXINGBIKE5'5'2'2'±27'14' CLASS 1 SHARED USE PATH± 40' SD&AE R/WPROTECT IN PLACEEXISTING INACTIVE RAIL8.5' MIN FROM CL OF RAILPROPOSED FENCINGPROPOSED FENCING±260-360' TO BAY BOULEVARDXXXXXXXXXXXXXXXXXINGBIKEXINGBIKE5'5'2'2'14' CLASS 1 SHARED USE PATH± 40' SD&AE R/WREMOVE OR BURYEXISTING INACTIVE RAIL4.7' - 6.8'7.5' - 13'EXISTINGUNNAMED ROADEXISTINGPARKING LOTPROPOSED FENCINGPROPOSED FENCINGACCESS TO EXISTINGWAREHOUSE BUILDINGSBayshore Bikeway - Chula Vista SegmentProposed Project Plan and Cross Section9/29/2022Sheet 1 of 1Q:\_Projects\STM0369 - ADV Planning (Signing-Striping)\Bayshore Bikeway\CAD\STM0369_6B Exhibit.dwg Plot: Yan Liu Date: 9/29/2022 2:06:47 PM LAGOON DR BIKE PATH CROSSING(TO BE CONSTRUCTED WITH SEGMENT 6A)SCALE: 1'=20'PROPOSED H ST BIKE PATH CROSSINGSCALE: 1'=20'PROPOSED SECTION - LAGOON DR TO G STNOT TO SCALESEE DETAIL BELOWSEE DETAIL BELOWCONSTRUCT CLASS 1SHARED USE PATHCITY OF CHULA VISTA R/WCITY OF CHULA VISTA R/WSD&AERAIL R/W SEGMENT 6A'S HAWK TRAFFIC SIGNAL(INCLUDING FOUNDATION, POLE,MAST ARMS, SIGNALS, LUMINAIRE)SEGMENT 6A'S HAWK TRAFFIC SIGNAL(INCLUDING FOUNDATION, POLE,MAST ARMS, SIGNALS, LUMINAIRE)PEDESTRIAN RAMPPEDESTRIAN RAMPBIKLE HAWK XINGBAYSHORE BIKEWAYSEGMENT 6A CONNECTIONBAYSHORE BIKEWAYSEGMENT 6B (PROPOSED)BAYSHORE BIKEWAYSEGMENT 6B (PROPOSED)CONSTRUCT PEDESTRIAN RAMPCONSTRUCT HAWK TRAFFIC SIGNAL(INCLUDING FOUNDATION, POLE,MAST ARMS, SIGNALS, LUMINAIRE)CONSTRUCT PED XINGCONSTRUCT HAWK TRAFFICSIGNAL (INCLUDINGFOUNDATION, POLE, MASTARMS, SIGNALS, LUMINAIRE)PEDESTRIAN XINGCONSTRUCT BIKE HAWK XINGCONSTRUCT PEDESTRIAN RAMPCONNECT TO EXISTINGCLASS 1 BIKE PATHFeet0100200PROPOSED G ST BIKE PATH CROSSINGSCALE: 1'=20'REMOVE OR BURY EXISTING INACTIVE RAILCONSTRUCT CLASS 1SHARED USE PATHREMOVE OR BURYEXISTING INACTIVE RAILCONSTRUCT PEDESTRIAN RAMP(INCLUDING YIELDSIGNING & STRIPING)CONSTRUCT PEDESTRIAN RAMP(INCLUDING YIELDSIGNING & STRIPING)CONSTRUCT PED XINGREMOVE OR BURYEXISTING INACTIVE RAILREMOVE OR BURYEXISTING INACTIVE RAILPROPOSED SECTION - G ST TO H STREETNOT TO SCALESEE DETAIL BELOWPROTECT IN PLACEEXISTING INACTIVE RAILLAGOON DRIVE TO G STREET = 14 MILEG STREET TO H STREET = 14 MILEATTACHMENT 22022/10/25 City Council Post Agenda Page 88 of 407 Attachment 3 2nd July, 2021 XXX 2022/10/25 City Council Post Agenda Page 89 of 407 2022/10/25 City Council Post Agenda Page 90 of 407 2022/10/25 City Council Post Agenda Page 91 of 407 2022/10/25 City Council Post Agenda Page 92 of 407 2022/10/25 City Council Post Agenda Page 93 of 407 2022/10/25 City Council Post Agenda Page 94 of 407 2022/10/25 City Council Post Agenda Page 95 of 407 October 4, 2022 City of Chula Vista Engineering & Capital Projects Department 276 Fourth Avenue Chula Vista, CA. 91910 RE: LETTER OF SUPPORT FOR THE CITY OF CHULA VISTA BAYSHORE BIKEWAY GAP CLOSURE ACTIVE TRANSPORTATION PROGRAM APPLICATION – LAGOON DRIVE TO H STREET (Segment 6B) To Whom It May Concern: The San Diego Metropolitan Transit System (MTS) is pleased to support the City of Chula Vista’s Cycle 6 Active Transportation Program (ATP) grant application for a new 0.5-mile-long bike path segment that would be the last link needed to provide a continuous bike path through western Chula Vista. Our previous ATP letter of support for Cycle 5 was for the segment north of Lagoon Drive and we are hopeful that with the recent substantial increase in State ATP funding, that it will be approved for funding. With the Cycle 6 application, Chula Vista would be able complete the Bayshore Bikeway ahead of the planned grand opening in summer of 2025 of the 1,600-room Gaylord Resort Hotel & Convention Center. This area is currently undergoing a complete redevelopment and active transportation is a big component as it is less than 0.5-mile away from regional light rail and transit centers. The Bayshore Bikeway is a planned 24-mile-long bike path around San Diego Bay. As of today, more than half of the bike path has been completed. With the strong community support for this facility, combined with an agreement between MTS and the City of Chula Vista to use the inactive railroad corridor, this project makes the best use of a linear inactive railroad corridor to provide the most direct route through Chula Vista for commuters and recreational riders. The five cities that form the route for this bike path, as well as the other regional agencies, strongly support completion of this facility and have noticed increasing ecotourism as well as increased ridership which typically exceeds 600 per day. Thank you for your consideration of this important project. Sincerely, Sharon Cooney Chief Executive Officer Attachment 4 2022/10/25 City Council Post Agenda Page 96 of 407 Attachment 5 2022/10/25 City Council Post Agenda Page 97 of 407 v . 0 03 P a g e | 1 October 25, 2022 ITEM TITLE Grant Award and Appropriation: Accept Grant Funds from California Office of Traffic Safety for Selective Traffic Enforcement Program Report Number: 22-0281 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting $510,000 from the California Office of Traffic Safety and appropriating $385,095 to the Police Grants Section of the Federal Grants Fund for the Selective Traffic Enforcement Program. (4/5 Vote Required) SUMMARY The California Office of Traffic Safety has awarded $510,000 to the Police Department for the Selective Traffic Enforcement Program. The goal of this program is to reduce the number of persons killed and injured in traffic crashes involving alcohol and other primary collisions factors. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/10/25 City Council Post Agenda Page 98 of 407 P a g e | 2 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 Program, 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 one-year grant period (10/1/2022 to 9/30/2023), traffic enforcement operations will be conducted on an overtime basis. Grant-funded operations include 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, along with 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 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 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of the resolution will result in the acceptance of $510,000 of grant funding from the California Office of Traffic Safety for the Selective Traffic Enforcement Program. Since the grant period crosses between two fiscal years, $385,095 will be appropriated to the fiscal year 2022/2023 budget and $124,905 will be included in the proposed fiscal year 2023/2024 budget. Specifically, for the current year budget, $374,716 will be appropriated to the personnel category and $10,379 to the supplies and services 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 this grant award, resulting in no net fiscal impact. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting these grant funds. 2022/10/25 City Council Post Agenda Page 99 of 407 P a g e | 3 ATTACHMENTS None. Staff Contact: Jonathan Alegre, Police Department 2022/10/25 City Council Post Agenda Page 100 of 407 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM AND APPROPRIATING FUND THEREFOR WHEREAS, the Police Department has been awarded $510,000 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, 2022 to September 30, 2023, DUI/driver license checkpoints, DUI 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 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 $510,000 from the California Office of Traffic Safety and appropriate $374,716 to the personnel category and $10,379 to the supplies and services category of the Police Grants Section of the Federal Grants Fund, and directs staff to include $124,905 in the fiscal year 2024 proposed budget for the Selective Traffic Enforcement Program. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2022/10/25 City Council Post Agenda Page 101 of 407 v . 0 03 P a g e | 1 October 25, 2022 ITEM TITLE Agreement: Approve a Two-Party Agreement with KTUA for Design, Pre-Construction, and Construction Administration for Eucalyptus Park Renovations Report Number: 22-0261 Location: 436 C Street Department: Development Services Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). Recommended Action Adopt a resolution approving a two-party agreement with KTUA for design, pre-construction, and construction administration for Eucalyptus Park renovations. SUMMARY Eucalyptus Park (Project) is a 19.69-acre neighborhood park which serves the northwestern area of the City of Chula Vista. Eucalyptus Park stretches along C Street, between 5th Avenue and 4th Avenue (Attachment 1, Project Location). The Project will create a Master Plan for approval by City Council, develop 100% construction documents, including specifications, and provide construction administration throughout the renovations of Eucalyptus Park. Renovating this existing park would provide an underserved community with expanded recreation offerings and renovated amenities. Funding for the Project is made possible through the Statewide Parks Program Grant which the City received in March 2021. Construction of the Project will be completed under a separate solicitation and contract. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with CEQA and has determined that the Project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). Thus, no further environmental review is required. 2022/10/25 City Council Post Agenda Page 102 of 407 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background Through a recent Call for Projects by Statewide Parks Program Round 4 the City of Chula Vista (City) applied for and was successful in its application to receive state funding for the design and construction of the Eucalyptus Park renovations. On February 2, 2022, the City entered into Grant Contract SW-37-015 for a total not to exceed of $7,140,000 for the Eucalyptus Park improvements, including but not limited to, the design, pre-construction services, and construction of a portion of Eucalyptus Park and renovations to the existing recreation center. The services subject to this agreement include design, pre-construction services and construction administration. The construction of the park improvements and the design/construction of the recreation center renovations will be completed under a separate solicitation and contract. In accordance with the terms of the grant, the park shall open to the public in March 2025. Project Objectives The Project objectives are to further develop the conceptual landscape plan which was submitted as part of the Statewide Parks Program Round 4 grant application into a Parks Master Plan. The Parks Master Plan will develop and identify the locations of focal recreation features, improve pedestrian connection between the lower and upper section of the park and improve visibility into the park for public safety. Upon receipt of City approval and notification to proceed, complete construction documents, including specifications, will be produced along with a project cost estimate for City review. Upon receipt of City approval, a 100% construction document set will be generated for bidding purposes. Construction administration during the renovation of the park is required. Consultant Services Selection Process On August 26, 2022, staff issued a Request for Proposal No. CIP PRK0340 for design, pre-construction services, and construction administration. The document was publicly noticed in accordance with the City’s bidding procedures. A total of nine (9) firms responded by the due date of September 23, 2022. A selection Committee comprised of four City staff members ranked the proposals based on pre-determined criteria. The Selection Committee ranked the firms and selected KTUA (Consultant) as the preferred consultant based on their presentation, project’s understanding and methodology, past projects with the City, personnel experience, and their vision for Eucalyptus Park. Scope of Work The scope of work includes the preparation of a Project Master Plan, 100% Construction Documents, and Construction Administration. The proposed Design Project Schedule anticipates the Consultant’s work taking approximately 12 months. 2022/10/25 City Council Post Agenda Page 103 of 407 P a g e | 3 Contract Payment The total cost of the contract for consulting services for the Project is $516,433. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that, Council member John McCann has real property holdings within 1,000 feet, but beyond 500 feet, of the boundaries of the property which is the subject of this action. Staff has determined that the decision would change the parcel’s development potential, income-producing potential, highest and best use, character, and/or market value. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(8), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund or Development Services Fund as a result of this action. City staff time and Consultant costs will be paid from State Grants Fund, Grant Contract SW-37-015, Projects PRK0340 and GGV0262. The project budget is summarized in the table below. Description Amount Design & Other Soft Costs $ 1,190,000 Construction Costs Perimeter Path & Fitness Equipment 650,000 Dog Park/Stormwater Channel Improvements 600,000 Skate/Scooter Plaza/Bike Skills Features & Playground Equipment 800,000 Interactive Water Feature 800,000 Recreation Building Renovations 750,000 Lighted Artificial Turf Multipurpose Field 1,100,000 Lighting/Drinking Fountains/Fencing 450,000 Lighted Pickleball Courts 550,000 Parking & Surfacing 250,000 Construction Cost Subtotal 5,950,000 Total Cost 7,140,000 Grant Funds Awarded $ 7,140,000 Per Council Resolution No. 2022-100, Fiscal Year 2021/2022 budget was amended to establish a Capital Improvement Program (CIP) project, “Eucalyptus Park (PRK0340)”. The total cost of the proposed contract for consulting services for the Project is $516,433. Sufficient funds have been appropriated to PRK0340 for this purpose. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. City staff time and Consultant costs will be paid from the State Grants Fund, Grant Contract SW-37-015, Projects PRK0340 and GGV0262. 2022/10/25 City Council Post Agenda Page 104 of 407 P a g e | 4 Per Council Resolution No. 2022-100, Fiscal Year 2021/2022 budget was amended to establish a CIP project, “Eucalyptus Park (PRK0340)” and appropriate funds. Upon completion, the General Fund will be responsible for the ongoing operation and maintenance of the park. While this is an existing park, the grant funds will significantly increase the quality of amenities at Eucalyptus Park, and it is likely that these new amenities will result in increased General Fund support costs. Additional analysis of ongoing maintenance costs will be presented in conjunction with the construction contract award. ATTACHMENTS 1. Project Location Map 2. Statewide Parks Grant Contract SW-37-015 3. Two-Party Agreement Staff Contact: Laura C. Black, AICP, Director of Development Services Patricia Ferman, Principal Landscape Architect Bethany McDonnell, Landscape Planner 2022/10/25 City Council Post Agenda Page 105 of 407 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND KTUA FOR DESIGN, PRE-CONSTRUCTION SERVICES, AND CONSTRUCTION ADMINISTRATION FOR EUCALYPTUS PARK RENOVATIONS WHEREAS, the City of Chula Vista (City) applied to the California Department of Parks and Recreation for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program to improve Eucalyptus Park; and WHEREAS, on February 22, 2022, the City entered into Grant Contract SW-37-015 for Eucalyptus Park improvements; and WHEREAS, in order to procure services for the design, pre-construction services, and construction administration of Eucalyptus Park, the City solicited proposals in accordance with Chula Vista Municipal Code (CVMC) Sections 2.56.080 for contracts exceeding $100,000; and 2.56.110 for professional services, received nine proposals, and selected KTUA (Consultant) as the most qualified amongst those submitting; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of the subject agreement; and WHEREAS, the design of the Master Plan and 100% Construction Documents will be managed and approved by the City in accordance with the objectives contained within the Parks and Facilities Guidelines, Landscape Water Conservation Ordinance, Landscape Manual, as well as, the City’s Construction Standards; and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required; and WHEREAS, funding was appropriated in accordance with resolution No. 2022-100 by the City Council, which amended the Fiscal Year 2021/22 Capital Improvement Program (CIP) budget to establish a new Capital Improvement Project, Eucalyptus Park (PRK0340) and add appropriations to Project GGV0262. 2022/10/25 City Council Post Agenda Page 106 of 407 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Two-Party Agreement between the City and KTUA for design, pre- construction services, and construction administration 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 the same. Presented by: Approved as to form by: Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/10/25 City Council Post Agenda Page 107 of 407 3/11/2021 Google Maps https://www.google.com/maps/@32.6488256,-117.0900408,1611m/data=!3m1!1e3 1/1 Imagery ©2021 CNES / Airbus, Maxar Technologies, Sanborn, U.S. Geological Survey, USDA Farm Service Agency, Map data ©2021 Google 500 ft EUCALYPTUS PARK -PROJECT SITE 2022/10/25 City Council Post Agenda Page 108 of 407 DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21 Barbara Baker 2/28/2022 Staff Park & Recreation Specialist 2022/10/25 City Council Post Agenda Page 109 of 407 DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21 2022/10/25 City Council Post Agenda Page 110 of 407 DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21 2022/10/25 City Council Post Agenda Page 111 of 407 DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21 2022/10/25 City Council Post Agenda Page 112 of 407 DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21 2022/10/25 City Council Post Agenda Page 113 of 407 DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21 2022/10/25 City Council Post Agenda Page 114 of 407 DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21 2022/10/25 City Council Post Agenda Page 115 of 407 DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21 2022/10/25 City Council Post Agenda Page 116 of 407 DocuSign Envelope ID: 20A7477C-DB3F-4793-954A-C3480AA07A21 Supervisor 2/28/2022 2022/10/25 City Council Post Agenda Page 117 of 407 1 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH KTUA TO PROVIDE DESIGN, PRE-CONSTRUCTION, AND CONSTRUCTION ADMINISTRATION FOR EUCALYPTUS PARK RENOVATIONS This Agreement is entered into effective as of October 25, 2022 ( the “Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (City) and KTUA, a California Corporation) (Consultant) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City applied to the California Department of Parks and Recreation for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program to improve Eucalyptus Park; and WHEREAS, on February 22, 2022, the City entered into Grant Contract SW-37-015 for Eucalyptus Park improvements; and WHEREAS, in order to procure services for the design, pre-construction services, and construction administration of Eucalyptus Park, the City solicited proposals in accordance with Chula Vista Municipal Code (CVMC) Sections 2.56.080 for contracts exceeding $100,000; and 2.56.110 for professional services, received nine proposals, and selected KTUA as the most qualified amongst those submitting; and WHEREAS, the design of the Master Plan and 100% Construction Documents will be managed and approved by the City in accordance with the objectives contained within the Parks and Facilities Guidelines, Landscape Water Conservation Ordinance, Landscape Manual, as well as, the City’s Construction Standards; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2022/10/25 City Council Post Agenda Page 118 of 407 2 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (Additional Services). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and 2022/10/25 City Council Post Agenda Page 119 of 407 3 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 2022/10/25 City Council Post Agenda Page 120 of 407 4 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words 2022/10/25 City Council Post Agenda Page 121 of 407 5 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, a gents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 2022/10/25 City Council Post Agenda Page 122 of 407 6 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior 2022/10/25 City Council Post Agenda Page 123 of 407 7 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United 2022/10/25 City Council Post Agenda Page 124 of 407 8 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranti es and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carr y out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (Consultant Related Individuals), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in 2022/10/25 City Council Post Agenda Page 125 of 407 9 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2022/10/25 City Council Post Agenda Page 126 of 407 10 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT WITH KTUA TO PROVIDE DESIGN, PRE-CONSTRUCTION, AND CONSTRUCTION ADMINISTRATION FOR EUCALYPTUS PARK RENOVATIONS IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. KTUA CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ CHRIS LANGDON* MARIA V. KACHADOORIAN PRINCIPAL CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney * Signature Authorization required. https://chulavistaca-my.sharepoint.com/personal/mshirey_chulavistaca_gov/Documents/Covid-19 Work From Home/Projects/Eucalyptus Park/Agreements/Attachment 3 - Eucalyptus Park Two Party Agreement KTUA - 10.19.22-EScribeREVFinal.docx 2022/10/25 City Council Post Agenda Page 127 of 407 11 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Patricia Ferman 276 Fourth Avenue, Building B, Chula Vista, CA 91910 619-409-3890 pferman@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: KTUA 3916 Normal Street, San Diego, CA 92103 619-294-4477 ext. 115 chris@ktua.com For Legal Notice Copy to: Todd E. Doyle, Solomon Minton Cardinal Doyle & Smith LLP 701 B Street, Suite 520, San Diego, CA 92101 619-237-8822 tdoyle@smcdslaw.com 2. Required Services A. General Description: Consultant team formed by KTUA and sub-consultants listed in Section 5 herein (KTUA team) shall provide design, pre-construction, and construction administration for Eucalyptus Park renovations (CIP PRK0340). B. Detailed Description: Phase 1 Project Initiation, Community Outreach and Management Phase 1 includes project management tasks such as kick-off and team meetings, preparation of meeting agendas and minutes, schedule and project updates and plan quality control checks. Two public outreach and stakeholder meetings shall be held with associated meeting materials, surveys, and public notices. Additional special meetings shall be held with the Parks and Recreation Department, Parks & Recreation Commission, and City Council. Bilingual representatives shall be present at each public meeting and bi-lingual versions of all meeting materials shall be prepared. Three design concepts and their associated narratives for the park restrooms and other improvements shall be presented at the public outreach meetings. 2022/10/25 City Council Post Agenda Page 128 of 407 12 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 Research and investigation of the existing site conditions including factors and conditions such as ADA compliance, utilities, site soils and drainage, existing vegetation, lighting, park layout, security concerns, park programming and construction access concerns shall be performed prior to the preparation of an Existing Conditions and Site Analysis Report. A boundary and topographical survey shall be prepared to accurately depict existing conditions of the project site. KTUA team shall prepare a master plan incorporating the community’s list of desired amenities listed in the recently awarded grant for Eucalyptus park. Two public workshops shall be held with the community and stakeholders to refine and develop a final master plan, with the City of Chula Vista’s approval. P resentations to the Parks and Recreation Commission and City Council will follow once there is an approved master plan. Task 1A: Project Kickoff and Surveys Kickoff Meeting KTUA team shall organize and attend a kick-off meeting with City staff and other relevant stakeholders at the project site to discuss project goals, schedule, process, and budget. The meeting will allow collaboration between the design team members and City staff to identify key issues, opportunities, and potential roadblocks affecting the planning and design of the new park and improvements. Each design team member shall examine and analyze the existing site and its adjacent context for all factors relevant to their individual design process and plan preparation. Site photographs and notes shall be taken in the field to inform later design efforts Topographic Survey KTUA team’s civil engineer (Hunsaker), shall have an aerial topographic survey performed to establish existing conditions and elevations to be used as a base map. Survey shall include tie-in to the City of Chula Vista control network and be prepared at minimum 1”=20’ scale with 1-ft max contours. Survey shall collect all site culture, curb lines, grade breaks, tree locations including diameters, corners of structures, visible utilities, etc. Limits of survey are within the park boundaries, including critical hardscape locations for design and tie- ins such as curb, streets, manholes, etc. Underground Utility Survey Hunsaker shall provide utility location services to identify and mark out all utilities of record as well as try to identify any potential non-record utilities within the project limits of work so they can be located and reflected on the final topographic and utility survey. Acquire Utility As-builts from Utility Companies Hunsaker and Michael Wall Engineering (MWE), shall contact the relevant utility and franchise companies to obtain as built information. SDG&E and ISP asset maps for the park and the associated area shall be requested to establish the basis of available infrastructure for use in future build outs. Hunsaker shall acquire horizontal and vertical utility information from the utility companies, and review record drawings provided by utility companies and franchise utilities to ascertain system location, depth, size, and type. Incorporate As-Built Information into Base Files Hunsaker shall incorporate the utility information into the project base files, reconciling with the topographic survey and site photos. 2022/10/25 City Council Post Agenda Page 129 of 407 13 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 Boundary Survey Hunsaker shall perform a Boundary Survey to establish the exterior property lines and right-of-way limits of the project site. The boundary survey will be based on public records reflective of the fee title property reported in the title report to be produced for the project. The boundary survey will be based on re- establishing Parcel 1 from Parcel 4619 together with a portion of Lot 14 of Map No. 505 and the monumentation reflected on said parcel map together with other public records of local monumentation perpetuated through the years. The survey will be tied to the required City of Chula vista Geodetic Survey network reflected in record of Survey No. 14841. Title Report and Encumbrance Hunsaker shall coordinate the preparation of a title report from a title company reflective of the project site and shall draft easements and encumbrances from said title report into a land base map. Geotechnical Investigation A geotechnical investigation shall be performed by Ninyo & Moore which will include a subsurface investigation in the areas of the proposed improvements. Ninyo & Moore shall utilize a drilling rig to excavate seven (7) geotechnical borings across the site. The borings will extend to depths of approximately 10-15 feet bgs in the areas of the play equipment, pickleball courts, splash pad, and other areas to receive improvements. Recreation field sport light poles will require borings of 20 feet bgs with the exception of one 50-foot boring depth at one sport light pole. The objective of these borings is to determine the in-situ engineering characteristics of the soils and provide remedial grading recommendations for each location, and to provide data to complete a liquefaction analysis. Each excavation will be logged and sampled for laboratory testing by the geologist. Infiltration Investigation Due to the anticipated depth of groundwater, Ninyo & Moore anticipates that stormwater infiltration may not be feasible, therefore infiltration testing was not included in their scope of work. Since groundwater may be at depths of 9 feet or shallower and there needs to be at least 10 feet of distance between the bottom of an infiltration device and the top of groundwater, Ninyo & Moore will coordinate with Hunsaker to look into the need for filtration installation in lieu of infiltration devices. Lab Testing Soil samples recovered by the geologist during the geo-technical investigation will be taken to Ninyo & Moore’s laboratory, where testing shall be completed to address index soil characteristics for both soil classification and correlation with soil mechanical characteristics (i.e., strength and compressibility). Liquefaction Analysis Ninyo & Moore shall conduct a liquefaction study at the site. Analysis of the potential for liquefaction and related settlement will be completed in areas of park improvements using the blow count data from SPT testing to a depth of 50 feet bgs. One of the geotechnical borings, to be performed near the location of a sports field light pole, will be extended to a depth of 50 feet bgs. The borings will be excavated utilizing mud rotary drilling techniques. This includes the permit application, processing, and the fees for the County DEH boring permit. Geotechnical Report of Findings with Recommendations Following completion of the field investigation and laboratory testing, Ninyo & Moore shall prepare a report addressing: 2022/10/25 City Council Post Agenda Page 130 of 407 14 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20  Geotechnical conditions encountered on the site  All potential geologic and geotechnical site hazards  Remedial grading recommendations  Foundation recommendations for the playground equipment, fencing, light poles, and all other proposed park structures  Pavement section recommendations for the sidewalks, pickleball courts, parking lot and other proposed pavement types  Recommendations for development of stormwater BMPs Reporting shall be supported by graphics (including boring logs and cross-sections) as necessary to support discussions in the text of the report. The report shall be sealed by a State of California Certified Engineering Geologist and Registered Geotechnical Engineer. Review and Assess Potential Utility Concerns Hunsaker shall prepare a detailed topographic survey with all existing site features documented including above and below-grade utilities. As part of the survey preparation, Hunsaker will acquire as -built utility drawings from the City and all relevant utility companies to incorporate in the final CAD base file. Once all utilities are documented in the project base file, all utility concerns relating to existing utility conditions and potential future conflicts with proposed project improvements will be examined and a summary graphic prepared to illustrate the locations of each utility concern and/or potential conflict. Review and Assess Site Drainage and Soils A geotechnical investigation shall be performed by Ninyo & Moore to ascertain existing soil conditions and characteristics and recommended improvement footings and paving sections. Site drainage will be addressed considering filtration investigation to develop recommendations for the additional impervious areas utilizing the City of Chula Vista BMP Manual. Each area will be analyzed to design the most cost - effective solution for water quality. Review and Assess Existing Vegetation During the initial site kick-off meeting and other site meetings, KTUA team shall inventory and assess all existing vegetation for health, structure, form, maintenance needs/requirements, toxicity, invasiveness, and all other factors relevant to the design process. Existing trees in the proximity of proposed improvements shall be assessed by an arborist for health condition as well as potential impacts from proposed improvements. Existing Conditions and Site Analysis Report shall include the Site Survey Report KTUA and Hunsaker shall prepare an Existing Conditions and Site Analysis Report based on the findings of the topographic survey, utility survey, and geotechnical investigation. The report shall include existing grades (topography), demolition, utilities, soil conditions, site conditions, and existing stormwater improvements. Task 1B: Project Management (Duration of Project) KTUA shall be the primary point of contact for City staff for this contract and will maintain close coordination with the City, stakeholder agencies, and the consultant team to resolve questions and key issues so that the project can proceed as scheduled. This task also includes in-house team management and administration. 2022/10/25 City Council Post Agenda Page 131 of 407 15 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 Coordination Meetings KTUA shall schedule regular teleconference meetings with the design team and City staff to coordinate design efforts and answer any questions that may arise. These meetings may vary in frequency depending on the current phase of the project and need for team coordination. During the preparation of construction documents for the proposed park improvements, the design team shall hold meetings at a minimum bi- weekly frequency to ensure adequate collaboration and oversight. Meeting Agendas and Minutes KTUA shall prepare meeting agendas and notes for each in-person and teleconference meeting to ensure efficiency and to establish a record of important project decisions and milestones. The agendas shall be distributed at least 24 hours prior to each meeting, and the meeting notes and action items will be distributed within 48 hours of the meeting. The meeting agendas and notes shall also be delivered to the City at the completion of the project as part of the overall deliverables. Monthly Schedule, Project Updates, and Invoice Submittals KTUA shall provide monthly schedule and project updates via Microsoft Project or equivalent software to the City, along with project invoices with current billing information on the project. Project QA/QC Throughout the life of the project, KTUA and each project subconsultant shall perform quality control checks of all project documents/drawings and other deliverables to ensure the highest levels of accuracy and excellence. The internal quality control process shall include a four-level check of all deliverables by design staff, the project manager, team leader, and principal-in-charge. KTUA shall perform thorough reviews of subconsultant drawings to ensure a high level of team collaboration and coordination between discipline drawing sets. Task 2 Program Plan and Community Outreach Program Plan KTUA shall develop an updated program plan based on the community’s input from the previous public outreach that occurred prior to this agreement. The plan shall identify the community’s preferred park improvements in preparation for the two community outreach meetings. KTUA will prepare a preliminary plan for review with City staff prior to the first community outreach meeting. City comments shall be incorporated into the plan and renderings and illustrative sections will be prepared for presentation to the community. Community and stakeholder input from the first community outreach meeting will be evaluated and integrated into a revised program plan. The revised program plan will be presented at the second community outreach meeting for community consensus. Community Outreach KTUA shall develop a plan to engage the community and identify all key stakeholders interested in the analysis and design of Eucalyptus Park. The plan shall indicate the methods of advertisement for public and stakeholder meetings as well as the means of engaging community members and gathering their comments and feedback during the design process. Community/Stakeholder Meetings (2) KTUA shall organize and conduct two public outreach meetings to gather public input and feedback relating to the proposed Eucalyptus Park improvements and park programming. For use at each meeting, 2022/10/25 City Council Post Agenda Page 132 of 407 16 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 KTUA shall prepare meeting advertisements, surveys, presentations, graphics, and all other required meeting materials. A summary of public input shall be prepared following each public out-reach meeting. Community/Stakeholder Survey (1) A combination of online (Survey Monkey) and physical surveys shall be provided to the public at each community meeting to solicit input and feed-back. The results of these surveys shall be included in the summary of public input that is prepared following each of the community meetings and will be utilized to inform revisions to the master plan concept. Meeting Graphics, Presentations, and Public Notices For each community and stakeholder meeting, KTUA shall prepare all public notices/advertisements, graphics, presentations, and other visual and physical aids necessary to communicate the design intent fully and effectively for the park improvements. Bilingual Meeting Materials and Meeting Representative All meeting materials shall be translated into Spanish to provide clear understanding for both English and Spanish speaking meeting attendees. A bilingual Spanish/English representative from KTUA shall be present at each meeting to present materials to Spanish speaking community members and to field any questions they may have. Final Master Plan Upon completion of the community outreach process and with a preferred program plan vetted, KTUA shall prepare the final Eucalyptus Park Master Plan for proposed improvements. The master plan shall include a rendered park plan with improvement and materials callouts. The plan shall be supported by illustrative sections as needed. Presentation and Adoption of Eucalyptus Park Master Plan KTUA, along with City staff, shall present the final Eucalyptus Park Master Plan to both the Chula Vista Parks and Recreation Commission and City Council for approval and adoption of the master plan to move forward with final design and construction documents. Phase 2 Final Design and Construction Documents Phase 2 shall include the preparation of detailed 20-scale construction plans and technical specifications for the renovated park improvements. Plans in the final construction set shall include title sheet, demolition plan, site and grading plan, utility plan, site electrical and lighting plan, hardscape and paving plan, furnishings and amenities plan, planting and irrigation plans, and all required detail sheets. Specifications shall include all necessary technical specification Divisions applicable to the scope of work. This phase shall also include generation of a probable cost of construction and the City plan check review and permit process for the park improvement plans. Tasks 3 – 5 Construction Documents The KTUA team shall develop construction documents for the new park improvements. Plans shall include complete stormwater and drainage, landscape architecture and site design, electrical design, and structural design as required. The scope for park improvements includes construction documents (50%, 85%, 100%, and Bid Document submittals) for installation of the proposed park improvements. 2022/10/25 City Council Post Agenda Page 133 of 407 17 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 Title Sheet A title sheet shall be prepared for the plan set based on the City of Chula Vista standards and will also include project location and brief description, an index of sheets, a list of consultants, applicable code requirements, and any other additional information as required. Demolition Plan Hunsaker shall prepare a site demolition plan including limits of demolition and specific items to be removed or protected in place. Irrigation and planting items shall be indicated on the landscape demolition plan by KTUA. Site Grading and Drainage Plan A grading and drainage plan shall be prepared indicating the grading and spot elevations to accommodate all of the new park improvements and stormwater BMPs. Earthwork quantities shall be calculated with the intent to create a balanced site. In addition, the plans shall include general civil notes, typical sections and details, DMA/Site Design BMP plan, and erosion control plan. Stormwater Reports Hunsaker shall prepare required stormwater and drainage reports and studies to support the design and stormwater permitting of the project. These reports shall include the project SWPPP, Drainage Study and Stormwater Management Plan, Stormwater Quality Management Plan (SWQMP) and a Hydrology Report. Utility Plans Utility plans shall be coordinated with Hunsaker and MWE to show all wet and dry utility improvements required to support the new park improvements. Hunsaker and MWE shall coordinate with the utility companies for new services and meters to the park site for water and electricity. Site Electrical and Lighting Plans MWE shall prepare the site electrical and lighting plans identifying park power source, control panels, park site lighting, multi-purpose field lighting, pickleball court lighting and electrical and power connections as required within the park. Plans shall include construction notes, photometrics, fixture schedules, and installation details. Structural Design PSE shall provide structural evaluation, detailing, and required calculations for structural components of the project. Anticipated structural components shall include light standard foundations, fence post footings, ramp/stair/paving reinforcement. Site Hardscape and Paving Plans KTUA shall prepare the site hardscape and paving plans to identify paving and surfacing materials, colors, and finishes within the park. Plans shall include construction notes, schedules and legends, and construction details. Site Furnishings and Amenities Plans KTUA shall prepare the site furnishings and amenities plans for the park improvements. The plans shall identify park site furnishings such as drinking fountains, benches, bike racks, trash/recycle receptacles, etc. as well as new play/fitness equipment, pickleball courts, splash pad, skate plaza and bike park. Plans shall include construction notes, schedules and legends, and construction details. 2022/10/25 City Council Post Agenda Page 134 of 407 18 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 Planting and Irrigation Plans KTUA shall prepare detailed planting and irrigation plans for all planting areas within the park limits of work indicating all irrigation equipment, heads, lateral and mainline runs, as well as the water and electrical points of connection. Plant species and quantities shall be indicated as well as details for all plant types (trees, shrubs and groundcover). Irrigation details for all equipment types, heads, pipe and conduit trenching, and any other required details for the irrigation system shall be provided. Water-use calculations shall be prepared to confirm compliance with the California Model Water Efficient Landscape Ordinance. Specifications The KTUA team shall prepare technical specifications that identify the types, manufacturer and/or qualities of materials to be used or incorporated into the work, setting forth methods of installation and establishing the quality and workmanship of the finished work; and will be organized to separate those portions of the work which may logically be executed by different trades or separate contractors. Estimate of Probable Cost of Construction OCMI shall prepare construction cost estimates for the proposed park improvements for the master plan and each of the construction document design milestones including 50%, 85%, and 100% levels. The estimates shall include materials and labor, overhead and markups, and projected escalation to mid-point of construction. City Permitting Review (50%, 85%, And 100%) The KTUA team shall prepare a landscape construction document package with specifications for submittal in digital (PDF) form and hard-copy sets, if requested, to the City for review and coordination at 50%, 85%, and 100% final stages. KTUA design team shall submit the revised construction documents to the City of Chula Vista for plan check. If required, plans shall also be processed with the City of Chula Vista Building Department for review and approval. KTUA team shall perform in-house design review and quality control of the project; and meet with the City to discuss their review comments and prepare plan revisions and comment responses as necessary. Phase 3: Bidding and Construction Administration, and Record Drawings (Task 6) Bid Support Services The KTUA team shall assist the City of Chula Vista with bid support services including responding to bid period re-quests for information (RFIs) and preparing bid addenda as necessary. KTUA shall assist the City with the review of bids and contractor selection. Construction Administration Pre-Construction Meeting KTUA and design team representatives shall attend the preconstruction meeting to support City staff in their conversation with the awarded bidder. At this meeting, KTUA shall also highlight key aspects of the construction drawing package, address any important environmental or other requirements, and relay potential construction timing and phasing issues relating to the design to the contractor. Construction RFIs KTUA and the design team shall respond to any RFIs that arise during construction and issue formal responses to City staff. 2022/10/25 City Council Post Agenda Page 135 of 407 19 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 Submittal and Shop Drawing Review KTUA and the design team shall review all material submittals and shop drawings provided by the contractor for the project during construction and provide formal comments or acceptance to City staff. These would include all paving and hardscape, park amenities and furnishings, lighting, utility, irrigation, and landscape submittals Review Contract Change Orders KTUA and the design team shall consult with the City on any change orders submitted by the contractor to review whether the change order is warranted and whether the prices seem reasonable. Prepare Meeting Agendas and Minutes KTUA shall prepare meeting agendas and minutes for all meetings arising during the construction period. These will be provided to the City as part of the overall project final deliverables. Construction Coordination Meetings KTUA anticipates participating in bi-weekly construction coordination meetings including the contractor and City representatives to coordinate construction progress, issue coordination and resolution, and RFI and submittal tracking. Construction Site Visits and Observations KTUA and the design team shall conduct site visits during construction to review mockups, plant material at delivery, inspect irrigation pressure and coverage tests, and examine overall construction progress. At these visits, KTUA shall address any on-site questions relating to the construction drawings that may arise. A follow-up site observation report shall be prepared after each site visit documenting any informational items and issues observed in the field with photographs and notes. Pre-Maintenance, Pre-Final, and Final Construction Site Walkthroughs and Punchlists Upon completion of construction, KTUA and design team consultants shall perform a pre- maintenance walkthrough to assess the project and confirm it is substantially complete and ready to move into the establishment and maintenance period. A punchlist of necessary corrections shall be prepared. Prior to the completion of the establishment and maintenance period, KTUA shall perform a pre-final walk-through to identify any potential punchlist items that remain to be corrected prior to the City providing final acceptance of the project. After completion of the final punchlist items, KTUA shall perform a final walkthrough providing a thorough review of all constructed project elements including all park amenities and components, hardscape, irrigation, and landscape elements and systems. With all punchlist items satisfied, KTUA shall issue a letter of acceptable completion. Record Drawings The contractor shall submit a full construction drawing set to the design team with accurate redline notes and dimensions indicating actual constructed conditions where significantly different from those indicated in the bid set drawings. KTUA and the design team shall prepare final digital as-built/record drawings for the project. The as-built drawings will be provided to the City in digital format and as a mylar physical drawing set. Verification of the contractor’s as-built redlines is not included in this task. 2022/10/25 City Council Post Agenda Page 136 of 407 20 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin October 26, 2022 and end on June 30, 2025 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below: Task No. Deliverable Amount Task 1 Project Kickoff / Surveys $70,688 Task 2 Program Plan and Community Outreach $67,078 Task 3 50% Construction Documents $147,641 Task 4 85% Construction Documents $76,959 Task 5 100% Construction Documents $58,909 Task 6 Bid Support, CA, Record Drawings $64,138 Direct costs (Arborist $4,320; Survey $13,040; Geotech $13,600) $31,020 B. Reimbursement of Costs ☒ Invoiced or agreed-upon amounts as follows: 1. A not-to-exceed allowance of $1,200.00 for printing and preparation of workshop materials. Only on a time and material basis. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2025 shall not exceed $516,433. 5. Special Provisions: ☒ Permitted Sub-Consultants:  Hunsaker (Civil Engineering and Surveying)  Ninyo & Moore (Geotechnical Engineering)  Michael Wall Engineering (Electrical Engineering)  Aquatic Design Group (Water Feature Designer)  PSE Engineers (Structural Engineering)  American Ramp Company (Skatepark/ Bike Park Designers)  OCMI (Cost Estimating)  Tom Launder (Arborist) ☐ Security for Performance: None ☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and 2022/10/25 City Council Post Agenda Page 137 of 407 21 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. 2022/10/25 City Council Post Agenda Page 138 of 407 22 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 2022/10/25 City Council Post Agenda Page 139 of 407 23 City of Chula Vista Agreement No.: 2022-174 Consultant Name: KTUA Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at .) Name Email Address Applicable Designation KTUA chris@ktua.com ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Bethany McDonnell, Landscape Planner II and Patricia Ferman, Principal Landscape Architect. 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2022/10/25 City Council Post Agenda Page 140 of 407 v . 0 03 P a g e | 1 October 25, 2022 ITEM TITLE Agreement: Approve a Two-Party Agreement with DeLorenzo International, Inc. for Design, Pre- Construction, and Construction Administration for Patty Davis Park Renovations Report Number: 22-0224 Location: D Street right-of-way between Woodlawn Avenue and the MTS Blue Line Rail corridor Department: Development Services Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) State Guidelines Section 15304 Class 4 (Minor Alterations to Land) and Section 15332 Class 32 (In-Fill Development Projects). Recommended Action Adopt a resolution approving a two-party agreement with DeLorenzo International, Inc. for design, pre- construction, and construction administration for Patty Davis Park. SUMMARY Patty Davis Park (Project) is an approximately 0.81-acre area within the existing 80-foot-wide D Street right- of-way between Woodlawn Avenue and the MTS Rail corridor. The Project will take advantage of the opportunity to expand the public realm by transforming the west end of D Street at Woodlawn Avenue into an urban park. This section of D Street in western Chula Vista has been identified as an underutilized existing right-of-way suitable for the proposed urban park. The Project will develop the park design, 100% construction documents, specifications and construction administration based on the Council-approved Master Plan for Patty Davis Park. Construction of the Project will be completed under a separate solicitation and contract. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with CEQA and has determined that the Project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15304 Class 4 (Minor Alterations to Land) and Section 15332 Class 32 (In-Fill Development Projects) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, be located on a site pursuant to Government Code Section 65962.5, or 2022/10/25 City Council Post Agenda Page 141 of 407 P a g e | 2 cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background Through a recent Call for Projects by Statewide Parks Program Round 4 the City of Chula Vista (City) applied for and was successful in its application to receive state funding for the design and construction of the urban park. On February 22, 2022, the City entered into Grant Contract SW-37-014 for the design and construction of Patty Davis Park. In accordance with the terms of the grant, the park shall open to the public in March 2025. City Council approved the Project’s Master Plan in January 2020. Project Objectives The Project objectives are to develop the park design, generate 100% construction documents and specifications, and construction administration based on the Council-approved Master Plan for Patty Davis Park. Upon receipt of City approval, a final construction document set will be produced for bidding purposes. Consultant Services Selection Process On August 26, 2022, staff issued a Request for Proposal No. CIP PRK0341 for the design, pre-construction services, and construction administration. The document was publicly noticed in accordance with the City’s bidding procedures. A total of seven (7) firms responded by the due date on September 23, 2022. A selection Committee comprised of four City staff members ranked the proposals based on pre-determined criteria. The Selection Committee ranked the firms and selected DeLorenzo International, Inc. (Consultant) as first negotiation preference based on their presentation, Project’s understanding and methodology, past projects, personnel experience, and their vision for Patty Davis Park. Scope of Work The scope of work includes developing the design based on the Project’s approved Master Plan; meeting the Project’s schedule; completing necessary surveys and studies; community outreach; and complete construction documents with preliminary cost estimates. Upon receipt of City approval, a 100% construction document set will be generated for bidding purposes. Construction administration during the construction of the park is required. The proposed Design Project Schedule anticipates the Consultant’s work taking approximately 10 months. Contract Payment The total cost of the contract for consulting services for the Project is $119,500 2022/10/25 City Council Post Agenda Page 142 of 407 P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund or Development Services Fund as a result of this action. City staff time and Consultant costs will be paid from Grant Contract SW-37-014. The project budget is summarized below. Description Amount Design & Other Soft Costs $ 426,951 Construction Costs Art on paving of 12’ wide access path 190,307 DG trail and pedestrian walkway loop 170,114 Community garden 104,676 Shelter 40,000 Picnic/BBQ areas 137,268 Two new playgrounds for 2-5- and 5–12-year-olds 297,164 Landscaping 386,526 Lighting 109,500 Construction Cost Subtotal 1,435,555 Total Cost 1,826,506 Grant Funds Awarded $ 1,826,506 Per Council Resolution No. 2022-100, Fiscal Year 2021/2022 budget was amended to establish a Capital Improvement Program (CIP) project, “Patty Davis Park (PRK0341)”. The total cost of the proposed contract for consulting services for the Project is $119,500. Sufficient funds have been appropriated to PRK0341 for this purpose. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. City staff time and Consultant costs will be paid from Grant Contract SW-37-014. Per Council Resolution No. 2022-100, Fiscal Year 2021/2022 budget was amended to establish a CIP project, “Patty Davis Park (PRK0341)” and appropriate funds. Upon completion, the General Fund will be responsible for the ongoing operation and maintenance of the park. The estimated annual maintenance cost for the park is $11,381 per year based on the Parks and Rec Master Plan standard cost per acre of $14,050/acre for operations and maintenance. 2022/10/25 City Council Post Agenda Page 143 of 407 P a g e | 4 ATTACHMENTS 1. Project Location Map 2. Statewide Parks Grant Contract 3. Two-Party Agreement Staff Contact: Laura C. Black, AICP, Director of Development Services Patricia Ferman, Principal Landscape Architect Bethany McDonnell, Landscape Planner 2022/10/25 City Council Post Agenda Page 144 of 407 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND DELORENZO INTERNATIONAL, INC. FOR DESIGN, PRE-CONSTRUCTION SERVICES, AND CONSTRUCTION ADMINISTRATION FOR PATTY DAVIS PARK WHEREAS, the City of Chula Vista (City) applied to the California Department of Parks and Recreation for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program to create Patty Davis Park; and WHEREAS, on February 22, 2022, the City entered into Grant SW-37-014 in the amount of $1,862,506 for the Patty Davis Park design and construction (Project); and WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code (CVMC) Sections 2.56.080 for contracts exceeding $100,000; and 2.56.110 for professional services, received seven proposals, and selected DeLorenzo International, Inc. (Consultant) as the most qualified amongst those submitting; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement; and WHEREAS, the design refinement of the approved Master Plan and 100% Construction Documents will be managed and approved by the City in accordance with the objectives contained within the Parks and Facilities Guidelines, Landscape Water Conservation Ordinance, Landscape Manual, as well as, the City’s Construction Standards; and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15304 Class 4 (Minor Alterations to Land) and Section 15332 Class 32 (In-Fill Development Projects) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, be located on a site pursuant to Government Code Section 65962.5, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required; and WHEREAS, funding was appropriated in accordance with resolution No. 2022-100 by the City Council, which amended the Fiscal Year 2021/22 Capital Improvement Program (CIP) budget to establish a new Capital Improvement Project, Patty Davis Park (PRK0341). 2022/10/25 City Council Post Agenda Page 145 of 407 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Two-Party Agreement between the City and DeLorenzo International, Inc. for design, pre-construction services, and construction administration 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 the same. Presented by: Approved as to form by: Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/10/25 City Council Post Agenda Page 146 of 407 2022/10/25 City Council Post Agenda Page 147 of 407 DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43 Barbara Baker Supervisor 2/28/2022 2022/10/25 City Council Post Agenda Page 148 of 407 DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43 2022/10/25 City Council Post Agenda Page 149 of 407 DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43 2022/10/25 City Council Post Agenda Page 150 of 407 DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43 2022/10/25 City Council Post Agenda Page 151 of 407 DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43 2022/10/25 City Council Post Agenda Page 152 of 407 DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43 2022/10/25 City Council Post Agenda Page 153 of 407 DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43 2022/10/25 City Council Post Agenda Page 154 of 407 DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43 2022/10/25 City Council Post Agenda Page 155 of 407 DocuSign Envelope ID: 2768A579-182C-4D23-A203-2C1B28A02C43 Supervisor 2/28/2022 2022/10/25 City Council Post Agenda Page 156 of 407 1 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH DELORENZO INTERNATIONAL, INC. TO PROVIDE DESIGN, PRE-CONSTRUCTION SERVICES AND CONSTRUCTION ADMINISTRATION FOR PATTY DAVIS PARK This Agreement is entered into effective as of October 25, 2022 (the “Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (City) and DeLorenzo International, Inc., a California Corporation) (Consultant) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City applied to the California Department of Parks and Recreation for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program to create Patty Davis Park; and WHEREAS, on February 22, 2022, the City entered into Grant SW-37-014 in the amount of $1,862,506 for the Patty Davis Park design and construction; and WHEREAS, in order to procure these services, the City solicited proposals in accordance with Chula Vista Municipal Code (CVMC) Sections 2.56.080 for contracts exceeding $100,000; and 2.56.110 for professional services, received seven proposals, and selected DeLorenzo International, Inc. as the most qualified amongst those submitting; and WHEREAS, the design refinement of the approved Master Plan and 100% Construction Documents will be managed and approved by the City in accordance with the objectives contained within the Parks and Facilities Guidelines, Landscape Water Conservation Ordinance, Landscape Manual, as well as, the City ’s Construction Standards; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 157 of 407 2 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (Additional Services). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 158 of 407 3 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 159 of 407 4 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 160 of 407 5 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limi ted to the extent required by California Civil Code section 2782.8. DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 161 of 407 6 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 162 of 407 7 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 163 of 407 8 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (Consultant Related Individuals), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 164 of 407 9 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 165 of 407 10 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT WITH DELORENZO INTERNATIONAL, INC. TO PROVIDE DESIGN, PRE-CONSTRUCTION SERVICES AND CONSTRUCTION ADMINISTRATION FOR PATTY DAVIS PARK IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. DELORENZO INTERNATIONAL, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ NICHOLAS DELORENZO* MARIA V. KACHADOORIAN PRESIDENT CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney * Signature authorization required. https://chulavistaca-my.sharepoint.com/personal/mshirey_chulavistaca_gov/Documents/Covid-19 Work From Home/Projects/Patty Davis Park/Agreements/Attachment 3 - Patty Davis Park Two Party Agreement DeLorenzo Inc - 10.13.22-EScribeFinal.docx DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 166 of 407 DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF2022/10/25 City Council Post Agenda Page 167 of 407 11 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Patricia Ferman 276 Fourth Avenue, Building B, Chula Vista, CA 91910 619-409-3890 Pferman@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: DELORENZO INTERNATIONAL, INC. 3954 Murphy Canyon Road, Suite D206, San Diego, CA 92123 858-430-6155 Ext. 227 nicholas@delorenzo-intl.com For Legal Notice Copy to: Joseph A. Contreras 3954 Murphy Canyon Road, Suite D206, San Diego, CA 92123 858-430-6155 Ext. 226 jcontreras@delorenzo-intl.com 2. Required Services A. General Description: DeLorenzo and sub-consultants listed in Section 5 herein (“DLI team”) shall provide design, pre-construction, and construction administration for Patty Davis Park (CIP PRK0341) B. Detailed Description: 1. DLI team shall provide complete landscape architectural, engineering, and consulting services as required for the design and preparation of construction drawings for the construction of Patty Davis Park in accordance with good practices, applicable building codes, and city guidelines as described in the RFP. 2. DLI shall complete the programming and assist the city in obtaining final approval for the project. 3. DLI shall develop a Program Plan which incorporates the tasks and elements included in the conceptual plan and will include the following list: i. Design of Recreation Features a) Picnic/ BBQ Area b) Community Garden c) Public Art element DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 168 of 407 12 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 d) Shade Structure e) Bounce House set‐up area f) Open Lawn area g) Decomposed granite perimeter pathway h) Tot Lot with swings and 2 play structures i) Community Garden w/ 12 garden plots j) Fixed Park benches w/ center arm rests k) Precast Planter pots w/ accent planting l) Bike racks m) Pet Waste station n) Pedestrian scale pole lights ii. Location of Features in the Park a) A community garden at the western portion of the site b) A view fence at the western end of the site c) A loop created by the combination of the DG trail and sidewalk for exercising d) A gazebo, and picnic area with a bounce house area and BBQ grills. e) Playgrounds for children f) Open space area for free play g) All park and no on‐site parking h) Beautiful plantings and trees for shade and to frame the view to the west i) Low growing shrubs for visibility and surveillance j) Sitting spaces k) ADA accessibility l) Park design has to keep an existing 12' wide asphalt maintenance path and two 25'x35' maintenance pad areas to facilitate occasional maintenance by San Diego Gas & Electric (SDG&E) of transmission line 642 located along the north side of the D Street right‐of‐way line. This maintenance access path shall be enhanced with art to integrate it with the rest of the park and will be closed for general public vehicles with bollards. iii. Safe Public Use a) Safety lighting (street lighting to remain) b) Low growing plant material (visibility into the park) c) ADA accessible surfacing and amenities d) Playground safety zones and surfacing e) Direct access from residences for "eyes on the park" 4. Community outreach shall include a minimum of two public meetings which will be coordinated with key stakeholders, community organizations including Feaster Elementary Charter School, Community through Hope program, YMCA at Feaster School, Urban Corps and South Bay Community Services (SBCS). 5. In addition to the above-mentioned meetings the DLI team shall conduct additional meetings to confirm the basis of design for the key phases of the project as necessary. These meetings will provide critical information for the city's decision on key systems. These Basis of Design meetings will be needed for each of the following phases: 1) project and team introductions, 2) site analysis, schematic design, 3) construction documents, and 4) construction administration. These meetings are understood to be in addition to the two community outreach meetings. 6. The DLI team shall maintain close coordination with the city and various agencies. 7. Because no current park improvement plans are available, DLI shall provide survey information as necessary for design and pre‐construction including the verification of topography, surface features, utility locations and the necessary survey and property information required for the project. DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 169 of 407 13 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 8. DLI team’s civil engineer shall prepare the drainage study and Stormwater Management Plan for the project in advance of the design development construction drawings. 9. The team shall refine the approved Patty Davis Master Plan and develop the design and programming as required and shall obtain authorization from the City to proceed to design development. 10. DLI team shall preparare the design development and 100% construction documents and specifications for the construction of the Patty Davis Park. 11. The DLI team shall develop and review the construction documents, taking into account the quality of materials and equipment to ensure an efficient design. The DLI team shall initiate design decisions by providing information, estimate, scans, and recommendations regarding the construction materials, message, systems, phasing, and costs that shall provide the highest quality project within the allocated budget and schedule. 12. The plans and specifications shall identify the codes, standards, and requirements used for the development of the plans including the appropriate editions and applicable sections. 13. As the Landscape Architect of record, DeLorenzo International shall specify within the construction documents all the tests and inspections that are required to achieve compliance and complete the project. 14. The final approved for construction set of construction documents shall be signed and stamped by the respective California license professionals who prepared the documents, certifying their compliance with codes, standards, practices, and regulations. 15. Appropriate members of the DLI team shall provide in a professional capacity, timely construction administration services. These services shall include shop drawing review, response to request for information regarding the construction documents, and periodic visits to the site to observe the quality of the work. 16. Project plans developed by the DLI team shall comply with best practices of Crime Prevention through Environmental design (CVMC). 17. The standard Park and Facilities Rules, as stated in Chapter 2.66 of the Chula Vista Municipal Code (CVMC) shall apply. 18. Project shall comply with all requirements of the MS4 Permit and City of Chula Vista BMP Design Manual, March 2019 Update (BMP design manual) as applicable. 19. The DLI team shall assist the city in complying with the design phase requirements of the grant obtained for the construction of the project. 20. The project has been determined by the City to be exempt from environmental review under CEQA Guidelines Section 15301 (existing facility), Section 15303 (New Construction or Conversion of Small Structures), and section 15304 (Minor Alterations to Land). A CEQA notice of exemption was filed and posted on March 30, 2021, and therefore no such services will be provided as a part of the these DLI services. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin October 25, 2022 and end on June 30, 2025 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below: DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 170 of 407 14 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 Task No. Deliverable Amount 1 Site Survey and Site Analysis $10,665 2 Existing Conditions and Site Analysis Report $2,139 3 Project Design Development $27,634 4 Drainage Study and SWMP $2,910 5 Tech Review / Reports Assurance $1,804 6 Community Workshops $568 7 Parks & Rec Commission, if needed $568 8 City Council Approval, if needed $1,135 9 50 % Construction Documents $41,192 10 85% Construction Documents $10,026 11 100% Construction Documents $16,115 12 Site Observation during Construction $4,744 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30,2025 shall not exceed $119,500. 5. Special Provisions: ☒ Permitted Sub-Consultants: • Utility Specialists (Utilities) • 4C Engineering + Geomatics (Civil Engineering) • Banan Inc. (Structural Engineering) • Visual Concepts (Electrical Engineering) • Cumming Corporation (Cost estimating ☐ Security for Performance: None ☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 171 of 407 15 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 172 of 407 16 City of Chula Vista Agreement No.: 2022-175 Consultant Name: DeLorenzo International, Inc. Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation DeLorenzo International, Inc. nicholas@delorenzo‐ intl.com) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Bethany McDonnell, Landscape Planner II and Patricia Ferman, Principal Landscape Architect 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). DocuSign Envelope ID: FB8BD89F-0A7C-4FD3-9DBB-29CE5A3487CF 2022/10/25 City Council Post Agenda Page 173 of 407 v . 0 03 P a g e | 1 October 25, 2022 ITEM TITLE Purchase Agreements: Approve a Purchase Agreement with South Coast Fire Equipment and a 10-Year Lease Purchase Agreement with JP Morgan Chase Bank for Two Pierce Fire Engine Pumper Apparatuses and one Tiller Drawn Aerial Apparatus Report Number: 22-0253 Location: No specific geographic location Department: Fire Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving a sole source purchase agreement with South Coast Fire Equipment for two Pierce Fire Engine Pumper Apparatuses and one Tiller Drawn Aerial in the amount of $3,986,966.63 and a 10-year lease-purchase agreement with JP Morgan Chase Bank for said purchase. SUMMARY The Chula Vista Fire Department delivers Fire, Rescue and Emergency Medical Services to Chula Vista residents, visitors, and employees daily. Emergency response service delivery is provided with several different types of apparatus, including triple combination pumper/fire engines, aerial ladder trucks, a heavy rescue, brush engines and command vehicles. With increased development, the City must expand its service delivery capability. The requested two engines and one tiller drawn aerial will be deployed at a future fire station within Otay Ranch Village 8 West and a future fire station on the Bayfront. 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. 2022/10/25 City Council Post Agenda Page 174 of 407 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Chula Vista Fire Department delivers Fire, Rescue and Emergency Medical Services to Chula Vista residents, visitors, and employees daily. Emergency response service delivery is provided with several different types of apparatus, including triple combination pumper/fire engines, aerial ladder trucks, a heavy rescue, brush engines and command vehicles. With increased development, the City must expand its service delivery capability. The requested two engines and one tiller drawn aerial will be deployed at a future fire station within Otay Ranch Village 8 West and a future fire station on the Bayfront. As these apparatus are required to serve new development, the purchase will be made using Public Facilities Development Impact Fee (PFDIF) funds. The purchase of the two fire engines and one tiller drawn aerial will be a sole source purchase with South Coast Fire Equipment for the Pierce manufactured fire apparatus, pursuant to Chula Vista Municipal Code section 2.56.070.B.4 (unique compatibility requirements). The Fire Department uses Pierce Manufacturing to purchase frontline operational emergency response vehicles for several critical reasons: 1. Equipment Standardization: providing the same type of emergency response apparatus is critical to provide a standard approach to training all personnel. This ensures that our personnel can operate fire apparatus at a competent level while under duress of emergency response. 2. Safety: Fire personnel are consistently moved from one fire station to another. Maintaining a fleet of fire apparatus that operate consistently throughout our fleet ensures driver/operators and firefighters can operate and locate equipment in an efficient and timely manner while working in emergency situations. The Fire Department has received a quote from South Coast Fire Equipment (See Attachment #1) for the purchase of two (2) Pierce Arrow XT Pierce’s Ultimate Configuration (PUC) Pumpers for the quoted purchase price total of $2,013,361.02, and one Tiller Drawn Aerial for the quoted price of $1,783,750.06. The Fire Department is recommending a 5% overage to account for any change order needs in the manufacturing process, bringing the total to $3,986,966.63. A 10-year lease purchase is the recommended purchase method from staff for these fire apparatus through the City’s Master Financing Agreement with JP Morgan Chase Bank. The interest rate quoted by JP Morgan is 3.805%: however, this rate is subject to change based on market conditions until the City locks the rate at the time of final agreement execution. The quoted interest rate results in an estimated biannual payment of $273,263.75. The total purchase price, including financing charges, is estimated to total $4,918,747.50 (assuming interest charges totaling $931,780.87). The first lease payment for the apparatus will be made in fiscal year 2024. As a result, no appropriation is recommended at this time. Lease payments will be included in future annual PFDIF budget appropriations. Equipment to outfit the apparatus is not included in the agreement with South Coast Fire Equipment and will be a future expense. An appropriation request for this purpose will be made once the delivery timeline for the apparatus is determined. As with the apparatus, outfitting costs will be borne solely by the PFDIF fund. 2022/10/25 City Council Post Agenda Page 175 of 407 P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the General Fund. The total cost to purchase two (2) fire engines and one (1) tiller drawn aerial will be funded from the Fire Suppression component of the PFDIF Fund. The order will be placed with South Cost Fire Equipment upon Council approval. Lead time on delivery of apparatus is approximately 28 months for the engines and 31 months for the tiller. Payment for the apparatus will be made at the time they are ordered by JP Morgan Chase Bank under the 10-year lease purchase agreement. The first lease payment for the apparatus will be made in fiscal year 2024. As a result, no appropriation is recommended at this time. Lease payments will be included in future annual PFDIF budget appropriations. ONGOING FISCAL IMPACT Upon delivery and being placed into service at the Village 8 West and Bayfront fire stations annual operating and maintenance costs will need to be added to the Fire Department’s budget. The Village 8 West fire station is expected to go into service in September of 2023 and the Bayfront fire station is expected to go into service in May of 2025. Both of these fire stations have been accounted for in the City’s Long Term Financial Forecast including staffing, equipment, and operating costs. ATTACHMENTS 1. South Coast Fire Equipment Fire Engine Front-Sheet/Quote 2. South Coast Fire Equipment Tiller Drawn Aerial Front-Sheet/Quote 3. City of Chula Vista – 1000149192 Equipment Finance Documents 4. JP Morgan – City of Chula Vista Master Lease Agreement Staff Contact: Harry Muns, Fire Chief Emily Folker, Principal Management Analyst 2022/10/25 City Council Post Agenda Page 176 of 407 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SOLE SOURCE PURCHASE WITH SOUTH COAST FIRE EQUIPMENT AND A 10-YEAR LEASE PURCHASE AGREEMENT WITH JPMORGAN CHASE BANK, N.A. FOR THE ACQUISITION OF TWO (2) PIERCE ENGINE PUMPERS AND ONE (1) TILLER DRAWN AERIAL AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE FINAL PURCHASE AND LEASE AGREEMENT WHEREAS, Chula Vista Municipal Code Section 2.56.070.B.4 provides a sole source purchase exception to the City’s formal competitive bidding requirements for equipment purchases exceeding $100,000 where such commodity is available from only one known source as the result of compatibility requirements and/or unique market conditions; and WHEREAS, the Chula Vista Fire Department delivers Fire, Rescue and Emergency Medical Services to Chula Vista residents, visitors, and employees every day; and WHEREAS, emergency response services are provided with several different types of fire apparatus including triple combination pumper/fire engines, aerial ladder trucks, a heavy rescue, a brush engine and battalion chief vehicles; and WHEREAS, the Fire Department will be opening Otay Ranch Village 8 West and Bayfront Fire Stations, providing Fire, Rescue and Emergency Medical Services to those communities; and WHEREAS, the Fire Department will continue to meet the NFPA standards and increase the reliability of our current fleet with less downtime for mechanical issues and provide a safer response vehicle than our existing fleet; and WHEREAS, the Fire Department recommends entering into a sole source purchase with South Coast Fire Equipment for the acquisition of two (2) pierce engine pumpers and one (1) tiller drawn aerial which will be used as the front-line apparatus at the new Village 8 West and Bayfront Stations; and WHEREAS, the Fire Department recommends entering into a 10-year lease purchase agreement with JPMorgan Chase Bank, N.A. for the acquisition of two (2) pierce engine pumpers and one (1) tiller drawn aerial which will be used as the front-line apparatus at the new Village 8 West and Bayfront Stations; and WHEREAS, the total cost to purchase of two (2) pierce engine pumpers and one (1) tiller drawn aerial is $3,986,966.63, which includes a 5% overage to account for any change orders needs in the manufacturing process, which will result in estimated biannual payments of 2022/10/25 City Council Post Agenda Page 177 of 407 $273,263.75. The total estimated amount paid for these fire apparatus including interest will be an estimated $4,918,747.50 through the 10-year lease purchase option; and WHEREAS, the City Council hereby finds and determines that the execution of one or more lease-purchase agreements in the principal amount not exceeding $3,986,966.63 for the purchase of two (2) pierce engine pumpers and one (1) tiller drawn aerial and to be described more specifically in the Equipment Leases is appropriate and necessary to the functions and operations of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that it approves a sole source purchase with South Coast Fire Equipment and a 10-year lease purchase agreement with JPMorgan Chase Bank, N.A. for the acquisition of two (2) pierce engine pumpers and one (1) tiller drawn aerial, in the form presented, with such modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the office of the City Clerk, and authorizes the City Manager or designee to execute the lease -purchase agreement and all implementing documentation and agreements, in a form approved by the City Attorney, that are necessary and incidental to the purchase. Presented by Approved as to form by Harry Muns Glen R. Googins Fire Chief City Attorney 2022/10/25 City Council Post Agenda Page 178 of 407 Extension Two (2 ) 1,925,658.00$ 100% Prepayment Discount (78,662.00)$ APPARATUS COST 1,846,996.00$ Sales Tax @ 8.750%161,612.16$ Performance Bond 4,717.86$ California Tire Fee 35.00$ Consortium Fee Not Applicable -$ 2,013,361.02$ Less 100% pre-payment at Contract Signing 2,013,361.02$ BALANCE DUE AT DELIVERY $0.00 require no money down and no payments for one (1) year if desired. Discount for the 100% pre-payment option includes discounts for the chassis, interest, aerial (if applicable), and flooring charges. Any item added after this option is elected will come at additional cost and will be added to the final invoice. 80,806.08$ 2,358.93$ If a 100% pre-payment were made at contract signing, the following discount would be applied to the final invoice: Each Pierce Arrow XT Pierce's Ultimate Configuration (PUC) Pumper as per enclosed proposal for delivery sum of 962,829.00$ CHULA VISTA FIRE DEPARTMENT 100% Pre-Payment Option October 17, 2022 (39,331.00)$ 923,498.00$ * 100% PRE-PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS: a) b) * If your department makes a 100% cash pre-payment at contract signing. If your department signs up for a lease-purchase with Pierce Financial Solutions. This would 17.50$ TOTAL PREPAY PURCHASE PRICE 1,006,680.51$ $0.00 1,006,680.51$ -$ 2022/10/25 City Council Post Agenda Page 179 of 407 Extension One (1 ) 1,721,733.00$ 100% Prepayment Discount (85,398.00)$ APPARATUS COST 1,636,335.00$ Sales Tax @ 8.750%143,179.31$ Performance Bond 4,218.25$ California Tire Fee 17.50$ Consortium Fee Not Applicable -$ 1,783,750.06$ Less 100% pre-payment at Contract Signing 1,783,750.06$ BALANCE DUE AT DELIVERY $0.00 require no money down and no payments for one (1) year if desired. Discount for the 100% pre-payment option includes discounts for the chassis, interest, aerial (if applicable), and flooring charges. Any item added after this option is elected will come at additional cost and will be added to the final invoice. 143,179.31$ 4,218.25$ If a 100% pre-payment were made at contract signing, the following discount would be applied to the final invoice: Each Pierce Arrow XT 107' Tractor Drawn Aerial (TDA) as per enclosed proposal for delivery sum of 1,721,733.00$ CHULA VISTA FIRE DEPARTMENT 100% Pre-Payment Option August 24, 2022 (85,398.00)$ 1,636,335.00$ * 100% PRE-PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS: a) b) * If your department makes a 100% cash pre-payment at contract signing. If your department signs up for a lease-purchase with Pierce Financial Solutions. This would 17.50$ TOTAL PREPAY PURCHASE PRICE 1,783,750.06$ $0.00 1,783,750.06$ -$ 2022/10/25 City Council Post Agenda Page 180 of 407 JPMORGAN CHASE BANK, N.A. Mail Code OH1-1085 1111 Polaris Parkway, Suite 4N Columbus, OH 43240-2050 October 18, 2022 Enclosed please find the documents necessary to complete your transaction with JPMorgan Chase Bank, N.A. (the “Bank”). These documents have been completed as of October 18, 2022, and reflect the pricing, terms and conditions of the transaction as of this date. Note that the signer’s title must match the signer’s title shown on the Incumbency Certificate. Lease Schedule – Review, sign and indicate title. Schedule A-1 – Review, sign and indicate title. Payment Schedule – In draft. Prepayment Schedule Addendum – Review, sign and indicate title. Resolution and Declaration of Official Intent- Your governing board will need to review and approve the financing and the Authorized Signer(s). Please have the Secretary/Clerk of the board certify that the board has met and approved the financing, and that the titles of the Authorized Signer(s) are correct. Certificate of Incumbency – The individuals that are duly elected or appointed officers of the Lessee should Print Name and Title and provide signatures. The Secretary/Clerk of the Lessee should Print Name, Title, Date and sign. If the Secretary/Clerk is also authorized to execute the Lease-Purchase Agreement, a second officer must Print Name, Title and sign. Opinion of Counsel – Please have your counsel review the documents as soon as possible, and prepare an Opinion of Counsel letter on their letterhead addressed to JPMORGAN CHASE BANK, N.A. A sample of an Opinion of Counsel letter that will satisfy JPMORGAN CHASE BANK, N.A. is enclosed. Lease Schedule Addendum (Self Insurance) – Review, sign and indicate title Vehicle Schedule Addendum - Review, sign and indicate title. Proceeds Disbursement Authorization – Review, sign and date, and provide the signer’s title where indicated. IRS Form 8038-G – Enclosed is the 8038-G form (Information Return for Tax-Exempt Governmental Bonds) with instructions that is required for IRS reporting of tax-exempt financing. The 8038-G form is used when the issue price is greater than or equal to $100,000. Please refer to the enclosed instructions when completing the information on the form and have an Authorized Signer sign and date at the bottom. 2022/10/25 City Council Post Agenda Page 181 of 407  Auto Debit Enrollment – Complete the bank account information and sign. We would like to thank you for choosing JPMorgan Chase Bank, N.A.to assist with your equipment financing. We appreciate your business and welcome the opportunity to work with you. If you have any questions, concerns, or if I can be of assistance, please call me. I can be reached at 312- 732-6444 from 9:00 a.m. through 4:00 p.m. ET Monday through Friday. I’ll be happy to help you. Sincerely, Lourdes Roman Documentation Specialist 2022/10/25 City Council Post Agenda Page 182 of 407 151211-V1 Page 1 of 3 LEASE SCHEDULE Dated as of: November 10, 2022 Lease No.: 1000149192 This Lease Schedule, together with its Payment Schedule, is attached and made a part of the Master Lease-Purchase Agreement described below ("Master Lease") between the Lessee and Lessor named below. All terms and conditions of the Master Lease are incorporated herein by reference. Unless otherwise defined herein, capitalized terms defined in the Master Lease will have the same meaning when used herein. Master Lease-Purchase Agreement dated August 15, 2016. A.EQUIPMENT DESCRIBED: The Equipment includes all of the property described on Schedule A-1 attached hereto and madea part hereof. B.EQUIPMENT LOCATION: See Attached Schedule A-1 C.ACCEPTANCE OF EQUIPMENT: [RESERVED] D.ESSENTIAL USE; CURRENT INTENT OF LESSEE: Lessee represents and agrees that the use of the Equipment is essential to Lessee's proper, efficient and economic functioning or to the services that Lessee provides to its citizens and the Equipment will be used by Lessee only for the purpose of performing its governmental or proprietary functions consistent with the permissible scope of its authority. Lessee currently intends for the full Lease Term: to use the Equipment; to continue this Lease; and to make Rental Payments if funds are appropriated in each fiscal year by its governing body. E.RENTAL PAYMENTS; LEASE TERM: The Rental Payments to be paid by Lessee to Lessor, the interest rate at which the interest portion of the Rental Payments is calculated, the Taxable Rate, the commencement date and the Lease Term of this Lease Schedule are each set forth on the Payment Schedule attached to this Lease Schedule. F.RE-AFFIRMATION OF THE MASTER LEASE: Lessee hereby re-affirms all of its representations, warranties and obligations under the Master Lease (including, without limitation, its obligation to pay all Rental Payments, its disclaimers in Section 7 thereof and its representations in Sections 6.1 and 16 thereof). G.GOVERNMENT REGULATION. ANTI-CORRUPTION. (a)Representations and Warranties Regarding Anti-Corruption Laws and Sanctions. Lessee has implemented and maintains in effect policies and procedures designed to ensure compliance by Lessee and its officers, employees and agents with Anti-Corruption Laws and applicable Sanctions, and Lessee and its officers and employees and to the knowledge of Lessee its agents, are in compliance with Anti-Corruption Laws and applicable Sanctions in all material respects. None of (a) Lessee or to the knowledge of Lessee any of its respective officers or employees, or (b) to the knowledge of Lessee, any agent of Lessee that will act in any capacity in connection with or benefit from the credit facility established hereby, is a Sanctioned Person. No advance, letter of credit, use of proceeds or other transaction contemplated by this Lease will violate Anti-Corruption Laws or applicable Sanctions. (b)Compliance with Anti-Corruption Laws and Sanctions. Lessee shall maintain in effect and enforce policies and procedures designed to ensure compliance by Lessee and its officers, employees and agents with Anti-Corruption Laws and applicable Sanctions. (c)Use of Proceeds. Lessee shall not use, or permit any proceeds of the Lease to be used, directly or indirectly, by Lessee or its officers, employees and agents: (1) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws; (2) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country; or (3) in any manner that would result in the violation of any Sanctions applicable to any party hereto. 2022/10/25 City Council Post Agenda Page 183 of 407 151211-V1 Page 2 of 3 (d)Definitions. For the purposes of this Section G, the following terms shall have the following meanings: "Anti-Corruption Laws" means all laws, rules, and regulations of any jurisdiction applicable to the Lessee or its subsidiaries from time to time concerning or relating to bribery or corruption. "Person" means any individual, corporation, partnership, limited liability company, joint venture, joint stock association, association, bank, business trust, trust, unincorporated organization, any foreign governmental authority, the United States of America, any state of the United States and any political subdivision of any of the foregoing or any other form of entity. "Sanctions" means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State. "Sanctioned Country" means, at any time, a country, region or territory which is the subject or target of any Sanctions (as at the time of this Agreement, Crimea, Cuba, Iran, North Korea, Sudan and Syria). "Sanctioned Person" means, at any time, (a) any Person listed in any Sanctions-related list of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, (b) any Person operating, organized or resident in a Sanctioned Country or (c) any Person controlled by any such Person. H.BANK QUALIFIED: LESSEE CERTIFIES (a) THAT IT HAS DESIGNATED THIS LEASE AS A "QUALIFIED TAX- EXEMPT OBLIGATION" FOR THE PURPOSES OF AND WITHIN THE MEANING OF SECTION 265(b)(3) OF THE CODE, (b) THAT IT HAS NOT DESIGNATED MORE THAN $10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX- EXEMPT OBLIGATIONS IN ACCORDANCE WITH SECTION 265(b)(3) OF THE CODE FOR THE CURRENT CALENDAR YEAR AND (c) THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF SECTION 265 TAX-EXEMPT OBLIGATIONS TO BE ISSUED DURING THE CURRENT CALENDAR YEAR BY LESSEE, OR BY AN ENTITY CONTROLLED BY LESSEE OR BY ANOTHER ENTITY THE PROCEEDS OF WHICH ARE LOANED TO OR ALLOCATED TO LESSEE FOR PURPOSES OF SECTION 265(b) OF THE CODE WILL NOT EXCEED $10,000,000. "Section 265 Tax-Exempt Obligations" are obligations the interest on which is excludable from gross income of the owners thereof under Section 103 of the Code, except for private activity bonds other than qualified 501(c)(3) bonds, both as defined in Section 141 of the Code. (The next page is the signature page) 2022/10/25 City Council Post Agenda Page 184 of 407 151211-V1 Page 3 of 3 LEASE SCHEDULE SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date of the Schedule first referenced above. CITY OF CHULA VISTA JPMORGAN CHASE BANK, N.A. (Lessee) (Lessor) By: By: Title: Title: Authorized Officer 2022/10/25 City Council Post Agenda Page 185 of 407 151211-V1 SCHEDULE A-1 (Equipment List) 1 of 2 Expected Equipment Purchase Price $3,986,966.63 Net Amount Financed $3,986,966.63 Equipment Location: 276 4th Avenue, Chula Vista, CA 91910 Equipment Description: (2) Pierce Arrow XT Pierce’s Ultimate Configuration (PUC) pumper & (1) Pierce Arrow XT 107’ Tractor Drawn Aerial (TDA) TOGETHER WITH ALL ATTACHMENTS, ADDITIONS, ACCESSIONS, PARTS, REPAIRS, IMPROVEMENTS, REPLACEMENTS AND SUBSTITUTIONS THERETO. This Schedule A-1 is attached to the Lease Schedule 1000149192 or a Receipt Certificate/Payment Request relating to the Lease Schedule. (The next page is the signature page) 2022/10/25 City Council Post Agenda Page 186 of 407 151211-V1 SCHEDULE A-1 (Equipment List) 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Schedule A-1 as of the date first written above. CITY OF CHULA VISTA JPMORGAN CHASE BANK, N.A (Lessee) (Lessor) By: By: Title: Title: Authorized Officer 2022/10/25 City Council Post Agenda Page 187 of 407 151211-V1 Payment Schedule This Payment Schedule is attached and made a part of the Lease Schedule identified below which is part of the Master Lease-Purchase Agreement identified therein, all of which are between the Lessee and Lessor named below. Lease Schedule No. 1000149192 Lease Schedule Dated: November 10, 2022 Accrual Date November 10, 2022 Amount Financed $3,986,966.63 Interest Rate 3.8050% per annum Taxable Rate 4.8250% per annum Rent Rent Rent Interest Principal Principal Termination Number Date Payment Portion Portion Balance Value 1 5/1/2024 $273,263.75 $223,763.52 $49,500.23 $3,937,466.40 $3,937,466.40 2 11/1/2024 $273,263.75 $74,910.30 $198,353.45 $3,739,112.95 $3,739,112.95 3 5/1/2025 $273,263.75 $71,136.62 $202,127.13 $3,536,985.82 $3,536,985.82 4 11/1/2025 $273,263.75 $67,291.15 $205,972.60 $3,331,013.22 $3,331,013.22 5 5/1/2026 $273,263.75 $63,372.52 $209,891.23 $3,121,121.99 $3,121,121.99 6 11/1/2026 $273,263.75 $59,379.34 $213,884.41 $2,907,237.58 $2,907,237.58 7 5/1/2027 $273,263.75 $55,310.19 $217,953.56 $2,689,284.02 $2,689,284.02 8 11/1/2027 $273,263.75 $51,163.63 $222,100.12 $2,467,183.90 $2,467,183.90 9 5/1/2028 $273,263.75 $46,938.17 $226,325.58 $2,240,858.32 $2,240,858.32 10 11/1/2028 $273,263.75 $42,632.33 $230,631.42 $2,010,226.90 $2,010,226.90 11 5/1/2029 $273,263.75 $38,244.56 $235,019.19 $1,775,207.71 $1,775,207.71 12 11/1/2029 $273,263.75 $33,773.32 $239,490.43 $1,535,717.28 $1,535,717.28 13 5/1/2030 $273,263.75 $29,217.02 $244,046.73 $1,291,670.55 $1,291,670.55 14 11/1/2030 $273,263.75 $24,574.03 $248,689.72 $1,042,980.83 $1,042,980.83 15 5/1/2031 $273,263.75 $19,842.71 $253,421.04 $789,559.79 $789,559.79 16 11/1/2031 $273,263.75 $15,021.37 $258,242.38 $531,317.41 $531,317.41 17 5/1/20232 $273,263.75 $10,108.31 $263,155.44 $268,161.97 $268,161.97 18 11/1/2032 $273,263.75 $5,101.78 $268,161.97 $0.00 $0.00 $4,918,747.50 $931,780.87 $3,986,966.63 (The next page is the signature page) 2022/10/25 City Council Post Agenda Page 188 of 407 151211-V1 Payment Schedule Signature page IN WITNESS WHEREOF, the parties hereto have executed this Payment Schedule as of the date first referenced above. CITY OF CHULA VISTA JPMORGAN CHASE BANK, N.A. (Lessee) (Lessor) By: By: Title: Title: Authorized Officer 2022/10/25 City Council Post Agenda Page 189 of 407 160304-V2 PREPAYMENT SCHEDULE ADDENDUM (Break Funding Premium/Lockout) Dated as of: November 10, 2022 Lease Schedule No.: 1000149192 Lessee: CITY OF CHULA VISTA Reference is made to the above Lease Schedule ("Schedule") and to the Master Lease-Purchase Agreement ("Master Lease") identified in the Schedule, which are by and between JPMORGAN CHASE BANK, N.A. ("Lessor") and the above lessee ("Lessee"). As used herein: "Lease" shall mean the Schedule and the Master Lease, but only to the extent that the Master Lease relates to the Schedule. This Schedule Addendum amends and supplements the terms and conditions of the Lease. Unless otherwise defined herein, capitalized terms defined in the Lease shall have the same meaning when used herein. Solely for purposes of the Schedule, Lessor and Lessee agree as follows: 1. Notwithstanding anything to the contrary herein or the Lease, Lessee and Lessor agree that Lessee shall not exercise its prepayment or early purchase rights under the Lease (including, without limitation, Section 15 of the Master Lease as it relates to the Schedule) or this Addendum prior to the end of the Lock-Out Period specified below. Lock-Out Period: the first 12 months of the Lease Term of the Schedule 2. Notwithstanding anything to the contrary in the Lease (including, without limitation, Section 15 of the Master Lease as it relates to the Schedule), Lessee and Lessor agree that so long as no Event of Default has occurred and continues under the Lease and so long as Lessee gives Lessor at least 30 days prior written notice (the "Notice Period"), Lessee may elect to prepay its obligations under the Schedule by paying to Lessor on the Rent Payment due date (a "Prepayment Date") following the Notice Period the total of the following (the "Prepayment Amount"): (a) all accrued Rent Payments, interest, taxes, late charges and other amounts then due and payable under the Lease; plus (b) the remaining principal balance payable by Lessee under the Schedule as of said Prepayment Date. 3. In addition to the prepayment amounts required by paragraph 1 above, a Breakfunding Charge shall be due and payable if (i) exceeds (ii) where (i) equals the interest portion of each of the Rent Payments which would have been paid if such prepayment had not occurred calculated at the interest rate swap including any forward rate swap, if any, which Lessor shall be deemed to have entered into on the earlier of (a) the date the Lease was originally funded or (b) the date a rate lock letter was signed, if any, and (ii) equals the interest portion of each of the Rent Payments which would have been paid if such prepayment had not occurred calculated at the interest rate swap which Lessor shall be deemed to have entered into on the date of prepayment (the "Replacement Swap"). 4. The prepayment or early purchase option rights granted herein shall control in the event of any conflict between the provisions of this Addendum and the Master Lease as it relates to the Schedule. Except as expressly amended or supplemented by this Addendum and other instruments signed by Lessor and Lessee, the Lease remains unchanged and in full force and effect. (The next page is the signature page) 2022/10/25 City Council Post Agenda Page 190 of 407 160304-V2 PREPAYMENT SCHEDULE ADDENDUM SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first written above. CITY OF CHULA VISTA JPMORGAN CHASE BANK, N.A. (Lessee) (Lessor) By: By: Title: Title: Authorized Officer 2022/10/25 City Council Post Agenda Page 191 of 407 160414-V2 Page 1 of 2 RESOLUTION AND DECLARATION OF OFFICIAL INTENT Lessee: CITY OF CHULA VISTA Principal Amount Expected To Be Financed: $3,986,966.63 WHEREAS, the above Lessee is a political subdivision of the State in which Lessee is located (the "State") and is duly organized and existing pursuant to the constitution and laws of the State. WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing Body") is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interests in property, leases and easements necessary to the functions or operations of the Lessee. WHEREAS, the Governing Body hereby finds and determines that the execution of one or more lease-purchase agreements ("Equipment Leases") in the principal amount not exceeding the amount stated above ("Principal Amount") for the purpose of acquiring the property generally described below ("Property") and to be described more specifically in the Equipment Leases is appropriate and necessary to the functions and operations of the Lessee. Brief Description Of Property: See Attached Schedule A-1 WHEREAS, JPMorgan Chase Bank, N.A. ("Lessor") is expected to act as the lessor under the Equipment Leases. WHEREAS, the Lessee may pay certain capital expenditures in connection with the Property prior to its receipt of proceeds of the Equipment Leases ("Lease Purchase Proceeds") for such expenditures and such expenditures are not expected to exceed the Principal Amount. WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a tax-exempt borrowing to be spent on working capital and the Lessee shall hereby declare its official intent to be reimbursed for any capital expenditures for Property from the Lease Purchase Proceeds. NOW, THEREFORE, Be It Resolved by the Governing Body of the Lessee: SECTION 1. Either one of the (insert title) _______________________ OR the (insert title) _____________________________ (each an "Authorized Representative") acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver one or more Equipment Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Equipment Lease (including, but not limited to, escrow agreements) as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Equipment Leases are hereby authorized. SECTION 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Equipment Leases on behalf of the Lessee. SECTION 3. The aggregate original principal amount of the Equipment Leases shall not exceed the Principal Amount and shall bear interest as set forth in the Equipment Leases and the Equipment Leases shall contain such options to purchase by the Lessee as set forth therein. SECTION 4. The Lessee's obligations under the Equipment Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Equipment Lease and the Lessee’s obligations under the Equipment Leases shall not constitute a general obligations of the Lessee or indebtedness under the Constitution or laws of the State. SECTION 5. The Governing Body of Lessee anticipates that the Lessee may pay certain capital expenditures in connection with the Property prior to the receipt of the Lease Purchase Proceeds for the Property. The Governing Body of Lessee hereby declares the Lessee’s official intent to use the Lease Purchase Proceeds to reimburse itself for Property expenditures. This section of the Resolution is adopted by the Governing Body of Lessee for the purpose of establishing compliance with the requirements of Section 1.150-2 of Treasury Regulations. This section of the Resolution does not bind the Lessee to make any expenditure, incur any indebtedness, or proceed with the purchase of the Property. 2022/10/25 City Council Post Agenda Page 192 of 407 160414-V2 Page 2 of 2 SECTION 6. As to each Equipment Lease, Lessee hereby designates each Equipment Lease as a "qualified tax-exempt obligation" for the purposes of and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended ("Code") and Lessee reasonably anticipates that the total amount of Section 265 Tax-Exempt Obligations to be issued during the current calendar year by Lessee, or by an entity controlled by Lessee or by another entity the proceeds of which are loaned to or allocated to Lessee for purposes of Section 265(b) of the Code will not exceed $10,000,000. "Section 265 Tax-Exempt Obligations" are obligations the interest on which is excludable from gross income of the owners thereof under Section 103 of the Code, except for private activity bonds other than qualified 501(c)(3) bonds, both as defined in Section 141 of the Code. SECTION 7. This Resolution shall take effect immediately upon its adoption and approval. ADOPTED AND APPROVED on this __________________________, 20___. The undersigned Secretary/Clerk of the above-named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Lessee, that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in full force and effect on the date stated below. Signature of Secretary/Clerk of Lessee Print Name: Official Title: Date: 2022/10/25 City Council Post Agenda Page 193 of 407 151211-V1 CERTIFICATE OF INCUMBENCY Dated: November 10, 2022 Lease Schedule No: 1000149192 Lessee: CITY OF CHULA VISTA I, the undersigned Secretary/Clerk identified below, do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above Lessee (the "Lessee"), a political subdivision duly organized and existing under the laws of the State where Lessee is located, that I have the title stated below, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names. [NOTE: Use same titles as Authorized Representatives stated in Resolutions.] Name Title Signature Name Title Signature IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such Lessee as of the date set forth below. Signature of Secretary/Clerk of Lessee Print Name: Official Title: Date: NOTE: In case the Secretary/Clerk is also the authorized representative that executes a Lease-Purchase Agreement / documents by the above incumbency, this certificate must also be signed by a second officer. Print Name: Signature: Title: 2022/10/25 City Council Post Agenda Page 194 of 407 151211-V1 FORM OF OPINION OF COUNSEL (To Be Typed on Attorney’s Letterhead Stationery) Date: November 10, 2022 Lessee: CITY OF CHULA VISTA Lessor: JPMORGAN CHASE BANK, N.A. Re: Lease Schedule No. 1000149192 dated November 10, 2022 together with its Master Lease-Purchase Agreement dated as of August 15, 2016 by and between the above-named Lessee and the above-named Lessor. Sir/Madam: I have acted as counsel to Lessee with respect to the Lease Schedule and its Addenda, the Master Lease-Purchase Agreement and its Addenda, and all other agreements described above or related thereto (collectively, the "Agreements") and various related matters, and in this capacity have reviewed a duplicate original or certified copy of the Agreements and such other documents as I have deemed necessary for the purposes of this opinion. Based upon the examination of such documents, it is my opinion that: 1. Lessee is a political subdivision of the State of CA (the "State") duly organized, existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has power under State law to enter into all of the Agreements, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Agreements and all other documents related thereto have been duly authorized, approved and executed by and on behalf of Lessee, and each of the Agreements is a valid and binding contract of Lessee enforceable in accordance with its terms, except to the extent limited by State and Federal laws affecting creditor’s remedies and by bankruptcy, reorganization or other laws of general application relating to or affecting the enforcement of creditors' rights. 4. The authorization, approval and execution of the Agreements and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all applicable Local, State and Federal laws (including open meeting laws and public bidding and property acquisition laws). 5. To the best of my knowledge, there is no litigation or proceeding pending before any court, administrative agency or governmental body, that challenges: the organization or existence of Lessee; the authority of its officers; the proper authorization, approval and execution of any of the Agreements or any documents relating thereto; the appropriation of monies to make payments under the Agreements for the current fiscal year; or the ability of Lessee otherwise to perform its obligations under the Agreements and the transactions contemplated thereby. 6. Lessee is a political subdivision of the State as referred to in Section 103 of the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder. Lessor, its Assignee and any of their assigns may rely upon this opinion. Very truly yours, Attorney 2022/10/25 City Council Post Agenda Page 195 of 407 160601-V2 LEASE SCHEDULE ADDENDUM (Self Insurance) Lessee: CITY OF CHULA VISTA Lease Schedule No: 1000149192 Reference is made to the above Lease Schedule as amended ("Schedule") and to the Master Lease-Purchase Agreement identified therein as amended ("Master Lease"), both of which are by and between JPMORGAN CHASE BANK, N.A. ("Lessor") and the above lessee ("Lessee"). In this Addendum: "Lease" means the Schedule and the Master Lease to the extent that it relates to the Schedule; and "Equipment" means the property described in the Schedule. This Addendum amends and modifies the terms and conditions of the Lease and is hereby made a part of the Lease. Unless otherwise defined herein, capitalized terms defined in the Lease shall have the same meaning when used herein. NOW, THEREFORE, as part of the valuable consideration to induce the execution of the Lease, Lessor and Lessee hereby agree to amend the Lease as follows: 1. CASUALTY LOSS. Notwithstanding anything to the contrary in Section 14 of the Master Lease, Lessor agrees that Lessee may self-insure against risk of casualty loss of or physical damage to the Equipment; provided, that (i) proceeds of such insurance are payable to Lessor as lender loss payee and (ii) upon written notice from Lessor to Lessee, Lessee agrees to secure and maintain commercial insurance against such risks to the Equipment as otherwise required by the Master Lease if an event of default has occurred and is continuing under the Master Lease. 2. THIRD PARTY LIABILITY. Notwithstanding anything to the contrary in Section 14 of the Master Lease, Lessor agrees that Lessee may self-insure against risk of injuries to persons and damage to property of others relating in any way to any Equipment; provided, that upon written notice from Lessor to Lessee, Lessee agrees to secure and maintain commercial insurance against such risks as otherwise required by the Master Lease if an event of default has occurred and is continuing under the Master Lease. 3. COMPLIANCE WITH LAW; ACTUARIALLY SOUND BASIS. Lessee agrees that its self insurance arrangements as described herein shall comply with applicable State law related thereto or, if there is no State law applicable to such self insurance arrangements, then Lessee's self insurance arrangements shall be maintained on an actuarially sound basis. 4. GENERAL. Except as expressly amended by this Addendum and other modifications signed by Lessor and Lessee, the Lease remains unchanged and in full force and effect. (The next page is the signature page) 2022/10/25 City Council Post Agenda Page 196 of 407 LEASE SCHEDULE ADDENDUM SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date of the Schedule first referenced above. CITY OF CHULA VISTA JPMORGAN CHASE BANK, N.A. (Lessee) (Lessor) By: By: Title: Title: Authorized Officer 2022/10/25 City Council Post Agenda Page 197 of 407 151211-V1 VEHICLE SCHEDULE ADDENDUM Dated As of: November 10, 2022 Lease Schedule No: 1000149192 Lessee: CITY OF CHULA VISTA Reference is made to the above Lease Schedule ("Schedule") to the Master Lease-Purchase Agreement identified in the Schedule ("Master Lease") by and between JPMORGAN CHASE BANK, N.A. ("Lessor") and the above lessee ("Lessee"). This Addendum amends and modifies the terms and conditions of the Schedule and is hereby made a part of the Schedule. Unless otherwise defined herein, capitalized terms defined in the Master Lease shall have the same meaning when used herein. NOW, THEREFORE, as part of the valuable consideration to induce the execution of the Schedule, Lessor and Lessee hereby agree to amend the Schedule as follows: 1. In the event that any unit of Equipment covered by the Schedule is a vehicle or trailer under applicable State law, then the following provisions shall also apply to the Schedule: (a) each manufacturer's statement of origin and certificate of title shall state that Lessor has the first and sole lien on or security interest in such unit of Equipment; (b) the public liability insurance required by the terms of clauses (b) of Section 14.1 of the Master Lease shall be in an amount not less than $1,000,000.00 combined single limit per unit per occurrence. Physical damage should not be less than the replacement cost coverage for the equipment identified on the Schedule A-1; (c) Lessee shall furnish and permit only duly licensed, trained, safe and qualified drivers to operate any such unit of Equipment, and such drivers shall be agents of Lessee and shall not be agents of Lessor; and (d) Lessee shall cause each such unit of Equipment to be duly registered and licensed as required by applicable State law with Lessor noted as lienholder, listed at address below and Lessee as owner. Lessor’s Address: JPMORGAN CHASE BANK, N.A. PO Box 6026 Chicago, IL 60680 2. Except as expressly amended by this Addendum and other modifications signed by Lessor, the Schedule remains unchanged and in full force and effect. (The next page is the signature page) 2022/10/25 City Council Post Agenda Page 198 of 407 151211-V1 VEHICLE SCHEDULE ADDENDUM SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first referenced above. CITY OF CHULA VISTA JPMORGAN CHASE BANK, N.A. (Lessee) (Lessor) By: By: Title: Title: Authorized Officer 2022/10/25 City Council Post Agenda Page 199 of 407 151211-V1 Page 1 of 2 PROCEEDS DISBURSEMENT AUTHORIZATION JPMORGAN CHASE BANK, N.A. 1111 Polaris Parkway, Suite N4 (OH1-1085) Columbus, Ohio 43240 Date: November 10, 2022 Re: Disbursements Of Proceeds Under The MASTER LEASE PURCHASE AGREEMENT Referred To Below Reference is made to that certain Master Lease Purchase Agreement dated August 15, 2016 between CITY OF CHULA VISTA, ("Lessee") and JPMORGAN CHASE BANK, N.A. (the "Lessor") I hereby instruct you and authorize you to disburse $3,986,966.63 to the account number(s) as specified below: Payee #1 Wire: Name of Bank: CITIZENS BUSINESS BANK ABA No.: 122234149 Account Number: 171101999 Account Name: SOUTH COAST FIRE EQUIPMENT, INC. Amount: $3,797,111.08 Re: PAYMENT TO VENDOR FOR (2) PUMPERS & (1) TRACTOR AERIAL Payee #2 Wire: Name of Bank: BANK OF AMERICA, N.A. ABA No.: 026009593 Account Number: 0232580202 Account Name: CITY OF CHULA VISTA Amount: $189,855.55 Re: PAYMENT TO CLIENT- 5% EXPENSES FOR ORDER By signing below, Lessee authorizes Lessor to issue checks or direct fund transfers to the payees, in the amounts, and per the instructions (if applicable) set forth above. Lessee also acknowledges that it may be responsible for paying other fees directly to third parties, such as Lessor's counsel, and making other disbursements in connection with the lease transaction per the terms of the lease documents. Lessor may rely and act on the instructions set forth herein and shall not be responsible for the use or application of the funds, and Lessee shall indemnify, defend and hold harmless Lessor from and against any and all losses, costs, expenses, fees, claims, damages, liabilities, and causes of action in any way relating to or arising from acting in accordance therewith. In the event of any conflict with any other instruction set forth herein, the ABA # and Account # shall control. (The next page is the signature page) 2022/10/25 City Council Post Agenda Page 200 of 407 151211-V1 Page 2 of 2 PROCEEDS DISBURSEMENT AUTHORIZATION SIGNATURE PAGE IN WITNESS WHEREOF, the Lessee has caused this Proceeds Disbursement Authorization to be executed as of the day and year first above written. CITY OF CHULA VISTA (Lessee) By: Title: 2022/10/25 City Council Post Agenda Page 201 of 407 Form 8038-G (Rev. October 2021) Department of the Treasury Internal Revenue Service Information Return for Tax-Exempt Governmental Bonds ▶ Under Internal Revenue Code section 149(e) ▶ See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. ▶ Go to www.irs.gov/F8038G for instructions and the latest information. OMB No. 1545-0047 Part I Reporting Authority Check box if Amended Return ▶ 1 Issuer’s name 2 Issuer’s employer identification number (EIN) 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions)3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address)Room/suite 5 Report number (For IRS Use Only) 3 6 City, town, or post office, state, and ZIP code 7 Date of issue 8 Name of issue 9 CUSIP number 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information 10b Telephone number of officer or other employee shown on 10a Part II Type of Issue (Enter the issue price.) See the instructions and attach schedule. 11 Education ..............................11 12 Health and hospital ..........................12 13 Transportation ............................13 14 Public safety .............................14 15 Environment (including sewage bonds) ....................15 16 Housing ..............................16 17 Utilities ..............................17 18 Other. Describe ▶18 19 a If bonds are TANs or RANs, check only box 19a ............... ▶ b If bonds are BANs, check only box 19b .................. ▶ 20 If bonds are in the form of a lease or installment sale, check box ......... ▶ Part III Description of Bonds. Complete for the entire issue for which this form is being filed. 21 (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield $ $ years % Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount) 22 Proceeds used for accrued interest .....................22 23 Issue price of entire issue (enter amount from line 21, column (b)) ...........23 24 Proceeds used for bond issuance costs (including underwriters’ discount) 24 25 Proceeds used for credit enhancement ............25 26 Proceeds allocated to reasonably required reserve or replacement fund .26 27 Proceeds used to refund prior tax-exempt bonds. Complete Part V ...27 28 Proceeds used to refund prior taxable bonds. Complete Part V ....28 29 Total (add lines 24 through 28) .......................29 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) ...30 Part V Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded ... ▶years 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded .... ▶years 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) .. ▶ 34 Enter the date(s) the refunded bonds were issued ▶ (MM/DD/YYYY) For Paperwork Reduction Act Notice, see separate instructions.Cat. No. 63773S Form 8038-G (Rev. 10-2021) 2022/10/25 City Council Post Agenda Page 202 of 407 Form 8038-G (Rev. 10-2021)Page 2 Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) ....35 36 a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC). See instructions .........................36a b Enter the final maturity date of the GIC ▶ (MM/DD/YYYY) c Enter the name of the GIC provider ▶ 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units ........................37 38 a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ▶and enter the following information: b Enter the date of the master pool bond ▶ (MM/DD/YYYY) c Enter the EIN of the issuer of the master pool bond ▶ d Enter the name of the issuer of the master pool bond ▶ 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box .... ▶ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ............. ▶ 41 a If the issuer has identified a hedge, check here ▶and enter the following information: b Name of hedge provider ▶ c Type of hedge ▶ d Term of hedge ▶ 42 If the issuer has superintegrated the hedge, check box ..................... ▶ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box ........ ▶ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box ..... ▶ 45a If some portion of the proceeds was used to reimburse expenditures, check here ▶and enter the amount of reimbursement .............. ▶ b Enter the date the official intent was adopted ▶ (MM/DD/YYYY) Signature and Consent Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to process this return, to the person that I have authorized above.▲Signature of issuer’s authorized representative Date ▲Type or print name and title Paid Preparer Use Only Print/Type preparer’s name Preparer’s signature Date Check if self-employed PTIN Firm’s name ▶ Firm’s address ▶ Firm’s EIN ▶ Phone no. Form 8038-G (Rev. 10-2021) 2022/10/25 City Council Post Agenda Page 203 of 407 Userid: CPM Schema: instrx Leadpct: 100%Pt. size: 9 Draft Ok to PrintAH XSL/XML Fileid: … s/i8038g/202110/a/xml/cycle04/source (Init. & Date) _______Page 1 of 4 13:22 - 21-Sep-2021The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Instructions for Form 8038-G (Rev. October 2021) Information Return for Tax-Exempt Governmental Bonds Department of the TreasuryInternal Revenue Service Section references are to the Internal Revenue Code unless otherwise noted. Future Developments For the latest information about developments related to Form 8038-G and its instructions, such as legislation enacted after they were published, go to IRS.gov/Form8038G. General Instructions Purpose of Form Form 8038-G is used by issuers of tax-exempt governmental bonds to provide the IRS with the information required by section 149(e) and to monitor compliance with the requirements of sections 141 through 150. Who Must File IF the issue price (line 21, column (b)) is... THEN, for tax-exempt governmental bonds issued after December 31, 1986, issuers must file... $100,000 or more a separate Form 8038-G for each issue. less than $100,000 Form 8038-GC, Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales. When To File File Form 8038-G on or before the 15th day of the 2nd calendar month after the close of the calendar quarter in which the bond is issued. Form 8038-G may not be filed before the issue date and must be completed based on the facts as of the issue date. Late filing. An issuer may be granted an extension of time to file Form 8038-G under section 3 of Rev. Proc. 2002-48, 2002-37 I.R.B. 531, if it is determined that the failure to file timely is not due to willful neglect. Type or print at the top of the form “Request for Relief under section 3 of Rev. Proc. 2002-48” and attach a letter explaining why Form 8038-G was not submitted to the IRS on time. Also indicate whether the bond issue in question is under examination by the IRS. Do not submit copies of the trust indenture or other bond documents. See Where To File next. Where To File File Form 8038-G and any attachments at the following address. Department of the TreasuryInternal Revenue Service CenterOgden, UT 84201 Private delivery services. You can use certain private delivery services (PDS) designated by the IRS to meet the “timely mailing as timely filing” rule for tax returns. Go to IRS.gov/PDS for the current list of designated services. The PDS can tell you how to get written proof of the mailing date. For the IRS mailing address to use if you're using PDS, go to IRS.gov/PDSstreetAddresses. PDS can’t deliver items to P.O. boxes. You must use the U.S. Postal Service to mail any item to an IRS P.O. box address. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the federal government, use Form 8038-T, Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate. For private activity bonds, use Form 8038, Information Return for Tax-Exempt Private Activity Bond Issues. Rounding to Whole Dollars You may show the money items on this return as whole-dollar amounts. To round, drop amounts under 50 cents and increase amounts from 50 to 99 cents to the next dollar (for example, $1.39 becomes $1 and $2.50 becomes $3). If two or more amounts must be added to figure the amount to enter on a line, include cents when adding the amounts and round off only the total. Definitions Bond. This is any obligation, including bond, note, commercial paper, installment purchase agreement, or financing lease. Taxable bond. This is any bond the interest on which is not excludable from gross income under section 103. Taxable bonds include tax credit bonds and direct pay bonds. Tax-exempt bond. This is any obligation, including a bond, installment purchase CAUTION ! agreement, or financial lease, on which the interest is excluded from income under section 103. Tax-exempt governmental bond. A tax-exempt bond that is not a private activity bond (see next) is a tax-exempt governmental bond. This includes a bond issued by a qualified volunteer fire department under section 150(e). Private activity bond. This includes a bond issued as part of an issue in which:•More than 10% of the proceeds are to be used for any private activity business use; and•More than 10% of the payment of principal or interest of the issue is either (a) secured by an interest in property to be used for a private business use (or payments for such property), or (b) to be derived from payments for property (or borrowed money) used for a private business use. It also includes a bond, the proceeds of which (a) are to be used directly or indirectly to make or finance loans (other than loans described in section 141(c)(2)) to persons other than governmental units, and (b) exceeds the lesser of 5% of the proceeds or $5 million. Issue price. The issue price of bonds is generally determined under Regulations section 1.148-1(f). Thus, when issued for cash, the issue price is the first price at which a substantial amount of the bonds are sold to the public. To determine the issue price of a bond issued for property, see sections 1273 and 1274 and the related regulations. Issue. Generally, bonds are treated as part of the same issue if they are issued by the same issuer, on the same date, and in a single transaction, or a series of related transactions (see Regulations section 1.149(e)-1(e)(2)). However, bonds issued during the same calendar year (a) under a loan agreement under which amounts are to be advanced periodically (a “draw-down loan”), or (b) with a term not exceeding 270 days, may be treated as part of the same issue if the bonds are equally and ratably secured under a single indenture or loan agreement and are issued under a common financing arrangement (for example, under the same official statement periodically updated to reflect changing factual circumstances). Also, for bonds issued under a draw-down loan that meet the requirements of the preceding Sep 21, 2021 Cat. No. 63774D2022/10/25 City Council Post Agenda Page 204 of 407 Page 2 of 4 Fileid: … s/i8038g/202110/a/xml/cycle04/source 13:22 - 21-Sep-2021The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. sentence, bonds issued during different calendar years may be treated as part of the same issue if all of the amounts to be advanced under the draw-down loan are reasonably expected to be advanced within 3 years of the date of issue of the first bond. Likewise, bonds (other than private activity bonds) issued under a single agreement that is in the form of a lease or installment sale may be treated as part of the same issue if all of the property covered by that agreement is reasonably expected to be delivered within 3 years of the date of issue of the first bond. Arbitrage rebate. Generally, interest on a state or local bond is not tax exempt unless the issuer of the bond rebates to the United States arbitrage profits earned from investing proceeds of the bond in higher yielding nonpurpose investments. See section 148(f). Construction issue. This is an issue of tax-exempt bonds that meets both of the following conditions. 1.At least 75% of the available construction proceeds are to be used for construction expenditures with respect to property to be owned by a governmental unit or a section 501(c)(3) organization. 2.All the bonds that are part of the issue are qualified 501(c)(3) bonds, bonds that are not private activity bonds, or private activity bonds issued to finance property to be owned by a governmental unit or a section 501(c)(3) organization. In lieu of rebating any arbitrage that may be owed to the United States, the issuer of a construction issue may make an irrevocable election to pay a penalty. The penalty is equal to 11/2% of the amount of the available construction proceeds of the issue that do not meet certain spending requirements as of the close of each 6-month period after the date the bonds were issued. See section 148(f)(4)(C) and the Instructions for Form 8038-T. Pooled financing issue. This is an issue of tax-exempt bonds, the proceeds of which are to be used to finance purpose investments representing conduit loans to two or more conduit borrowers, unless those conduit loans are to be used to finance a single capital project. Specific Instructions Part I—Reporting Authority Amended return. An issuer may file an amended return to change or add to the information reported on a previously filed return for the same date of issue. If you are filing to correct errors or change a previously filed return, check the Amended Return box in the heading of the form. The amended return must provide all the information reported on the original return, in addition to the new or corrected information. Attach an explanation of the reason for the amended return and write across the top, “Amended Return Explanation.” Failure to attach an explanation may result in a delay in processing the form. Line 1. The issuer's name is the name of the entity issuing the bonds, not the name of the entity receiving the benefit of the financing. For a lease or installment sale, the issuer is the lessee or the purchaser. Line 2. An issuer that does not have an employer identification number (EIN) should apply online by visiting the IRS website at IRS.gov/EIN. The organization may also apply for an EIN by faxing or mailing Form SS-4 to the IRS. Line 3a. If the issuer wishes to authorize a person other than an officer or other employee of the issuer (including a legal representative or paid preparer) to communicate with the IRS and whom the IRS may contact about this return (including in writing or by telephone), enter the name of such person here. The person listed on line 3a must be an individual. Do not enter the name and title of an officer or other employee of the issuer here (use line 10a for that purpose). Note. By authorizing a person other than an authorized officer or other employee of the issuer to communicate with the IRS and whom the IRS may contact about this return, the issuer authorizes the IRS to communicate directly with the individual entered on line 3a and consents to disclose the issuer's return information to that individual, as necessary, to process this return. Lines 4 and 6. If you listed an individual on line 3a to communicate with the IRS and whom the IRS may contact about this return, enter the number and street (or P.O. box if mail is not delivered to street address), city, town, or post office, state, and ZIP code of that person. Otherwise, enter the issuer's number and street (or P.O. box if mail is not delivered to street address), city, town, or post office, state, and ZIP code. Note. The address entered on lines 4 and 6 is the address the IRS will use for all written communications regarding the processing of this return, including any notices. Line 5. This line is for IRS use only. Do not make any entries in this box. Line 7. The date of issue is generally the first date on which the issuer physically exchanges any bond included in the issue for the underwriter's (or other purchaser's) funds. For a lease or installment sale, enter the date interest starts to accrue in an MM/DD/YYYY format. Line 8. If there is no name of the issue, please provide other identification of the issue. Line 9. Enter the CUSIP (Committee on Uniform Securities Identification Procedures) number of the bond with the latest maturity. If the issue does not have a CUSIP number, write “None.” Line 10a. Enter the name and title of the officer or other employee of the issuer whom the IRS may call for more information. If the issuer wishes to designate a person other than an officer or other employee of the issuer (including a legal representative or paid preparer) whom the IRS may call for more information about the return, enter the name, title, and telephone number of such person on lines 3a and 3b. Complete lines 10a and 10b even if you complete lines 3a and 3b. Part II—Type of Issue Elections referred to in Part II are made on the original bond documents, not on this form. Identify the type of bonds issued by entering the issue price in the box corresponding to the type of bond (see Issue price under Definitions, earlier). Attach a schedule listing names and EINs of organizations that are to use proceeds of these bonds, if different from those of the issuer, include a brief summary of the use and indicate whether or not such user is a governmental or nongovernmental entity. Line 18. Enter a description of the issue in the space provided. Line 19. If the bonds are short-term tax anticipation notes or warrants (TANs) or short-term revenue anticipation notes or warrants (RANs), check box 19a. If the bonds are short-term bond anticipation notes (BANs), issued with the expectation that they will be refunded with the proceeds of long-term bonds at some future date, check box 19b. Do not check both boxes. Line 20. Check this box if property other than cash is exchanged for the bond, for example, acquiring a police car, a fire truck, or telephone equipment through a series of monthly payments. (This type of bond is sometimes referred to as a “municipal lease.”) Also check this box if real property is directly acquired in CAUTION ! CAUTION ! -2-Instructions for Form 8038-G (Rev. 10-2021)2022/10/25 City Council Post Agenda Page 205 of 407 Page 3 of 4 Fileid: … s/i8038g/202110/a/xml/cycle04/source 13:22 - 21-Sep-2021The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. exchange for a bond to make periodic payments of interest and principal. Do not check this box if the proceeds of the bond are received in the form of cash, even if the term “lease” is used in the title of the issue. Part III—Description of Bonds Line 21. For column (a), the final maturity date is the last date the issuer must redeem the entire issue. For column (b), see Issue price under Definitions, earlier. For column (c), the stated redemption price at maturity of the entire issue is the sum of the stated redemption prices at maturity of each bond issued as part of the issue. For a lease or installment sale, write “N/A” in column (c). For column (d), the weighted average maturity is the sum of the products of the issue price of each maturity and the number of years to maturity (determined separately for each maturity and by taking into account mandatory redemptions), divided by the issue price of the entire issue (from line 21, column (b)). For a lease or installment sale, enter instead the total number of years the lease or installment sale will be outstanding. For column (e), the yield, as defined in section 148(h), is the discount rate that, when used to figure the present value of all payments of principal and interest to be paid on the bond, produces an amount equal to the purchase price, including accrued interest. See Regulations section 1.148-4 for specific rules to figure the yield on an issue. If the issue is a variable rate issue, write “VR” as the yield of the issue. For other than variable rate issues, carry the yield out to four decimal places (for example, 5.3125%). If the issue is a lease or installment sale, enter the effective rate of interest being paid. Part IV—Uses of Proceeds of Bond Issue For a lease or installment sale, write “N/A” in the space to the right of the title for Part IV. Line 22. Enter the amount of proceeds that will be used to pay interest on the issue accruing prior to the date of issue. For definition of date of issue, see these instructions, line 7. Line 24. Enter the amount of the proceeds that will be used to pay bond issuance costs, including fees for trustees and bond counsel. If no bond proceeds will be used to pay bond issuance costs, enter zero. Do not leave this line blank. Line 25. Enter the amount of the proceeds that will be used to pay fees for credit enhancement that are taken into account in determining the yield on the issue for purposes of section 148(h) (for example, bond insurance premiums and certain fees for letters of credit). Line 26. Enter the amount of proceeds that will be allocated to such a fund. Line 27. Enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any tax-exempt bonds, including proceeds that will be used to fund an escrow account for this purpose. Line 28. Enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any taxable bonds, including proceeds that will be used to fund an escrow account for this purpose. Part V—Description of Refunded Bonds Complete this part only if the bonds are to be used to refund a prior issue of tax-exempt bonds or taxable bonds. For a lease or installment sale, write “N/A” in the space to the right of the title for Part V. Lines 31 and 32. The remaining weighted average maturity is determined without regard to the refunding. The weighted average maturity is determined in the same manner as on line 21, column (d). Line 34. If more than a single issue of tax-exempt bonds or taxable bonds will be refunded, enter the date of issue for each refunded issue. Enter the date in an MM/DD/YYYY format. Part VI—Miscellaneous Line 35. An allocation of volume cap is required if the nonqualified amount for the issue is more than $15 million but is not more than the amount that would cause the issue to be private activity bonds. Line 36. If any portion of the gross proceeds of the issue is or will be invested in a guaranteed investment contract (GIC), as defined in Regulations section 1.148-1(b), enter the amount of the gross proceeds so invested, as well as the final maturity date of the GIC and the name of the provider of such contract. Line 37. If the issue is a pooled financing issue (as defined under Pooled financing issue in Definitions, earlier), enter the amount of the proceeds used to make loans to other governmental units, the interest on which is tax exempt. Line 38. If the issue is a loan of proceeds from a pooled financing issue (as defined under Pooled financing issue in Definitions, earlier), check the box and where asked for the date of issue, EIN, and name of the issuer of the master pool bond, enter the date of issue, EIN, and name of the issuer of the pooled financing issue. Line 40. Check this box if the issue is a construction issue and an irrevocable election to pay a penalty in lieu of arbitrage rebate has been made on or before the date the bonds were issued. The penalty is payable with a Form 8038-T for each 6-month period after the date the bonds are issued. Do not make any payment of penalty in lieu of arbitrage rebate with this form. See Rev. Proc. 92-22, 1992-1 C.B. 736, for rules regarding the “election document.” Line 41a. Check this box if the issuer has identified a hedge on its books and records according to Regulations sections 1.148-4(h)(2)(viii) and 1.148-4(h)(5)(iv) that permit an issuer of tax-exempt bonds to identify a hedge for it to be included in yield calculations for figuring arbitrage. Line 42. In determining if the issuer has super-integrated a hedge, apply the rules of Regulations section 1.148-4(h)(4). If the hedge is super-integrated, check the box. Line 43. If the issuer takes a “deliberate action” after the issue date that causes the conditions of the private business tests or the private loan financing test to be met, then such issue is also an issue of private activity bonds. Regulations section 1.141-2(d)(3) defines a deliberate action as any action taken by the issuer that is within its control regardless of whether there is intent to violate such tests. Regulations section 1.141-12 explains the conditions to taking remedial action that prevent an action that causes an issue to meet the private business tests or private loan financing test from being treated as a deliberate action. Check the box if the issuer has established written procedures to ensure timely remedial action for all nonqualified bonds according to Regulations section 1.141-12 or other remedial actions authorized by the Commissioner under Regulations section 1.141-12(h). Line 44. Check the box if the issuer has established written procedures to monitor compliance with the arbitrage, yield restriction, and rebate requirements of section 148. Line 45a. Check the box if some part of the proceeds was used to reimburse expenditures. Figure and then enter the amount of proceeds that are used to reimburse the issuer for amounts paid for a qualified purpose prior to the issuance of the bonds. See Regulations section 1.150-2. Line 45b. Subject to certain exceptions under Regulations section 1.150-2(f), an issuer must adopt an official intent, as described in Regulations section 1.150-2(e), to reimburse itself for preissuance expenditures within 60 days after payment of the original expenditure. Instructions for Form 8038-G (Rev. 10-2021)-3-2022/10/25 City Council Post Agenda Page 206 of 407 Page 4 of 4 Fileid: … s/i8038g/202110/a/xml/cycle04/source 13:22 - 21-Sep-2021The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Enter the date the official intent was adopted. Signature and Consent An authorized representative of the issuer must sign Form 8038-G and any applicable certification. Also print the name and title of the person signing Form 8038-G. The authorized representative of the issuer signing this form must have the authority to consent to the disclosure of the issuer's return information, as necessary to process this return, to the person(s) that have been designated in Form 8038-G. Note. If the issuer in Part I, lines 3a and 3b, authorizes the IRS to communicate (including in writing and by telephone) with a person other than an officer or other employee of the issuer, by signing this form, the issuer's authorized representative consents to the disclosure of the issuer's return information, as necessary to process this return, to such person. Paid Preparer If an authorized officer of the issuer filled in this return, the paid preparer's space should remain blank. Anyone who prepares the return but does not charge the organization should not sign the return. Certain others who prepare the return should not sign. For example, a regular, full-time employee of the issuer, such as a clerk, secretary, etc., should not sign. Generally, anyone who is paid to prepare a return must sign it and fill in the other blanks in the Paid Preparer Use Only area of the return. The paid preparer must:•Sign the return in the space provided for the preparer's signature (a facsimile signature is acceptable),•Enter the preparer information, and•Give a copy of the return to the issuer. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on the individual circumstances. The estimated burden for tax-exempt organizations filing this form is approved under OMB control number 1545-0047 and is included in the estimates shown in the instructions for their information return. If you have suggestions for making this form simpler, we would be happy to hear from you. You can send us comments through IRS.gov/FormComments. Or you can write to: Internal Revenue ServiceTax Forms and Publications1111 Constitution Ave. NW, IR-6526Washington, DC 20224 Do not send the form to this address. Instead, see Where To File, earlier. -4-Instructions for Form 8038-G (Rev. 10-2021)2022/10/25 City Council Post Agenda Page 207 of 407 170113-V2 Page 1 of 2 SSIIGGNN UUPP .. .. .. .. FFOORR AAUUTTOOMMAATTEEDD BBIILLLL PPAAYYMMEENNTT Please complete ALL Sections and return this form: I authorize JPMORGAN CHASE BANK, N.A. to make withdrawals from the account listed below. I understand that I control my withdrawals for payments on leases and loans. If at any time I decide to discontinue this payment service, I will notify the biller . I also understand that any future leases and loans will automatically be set up with auto debit withdrawals unless JPMorgan Chase Bank, N.A. elects to the contrary. All assessments and other fees payable under the leases and loans will be withdrawn with rental/installment payments unless otherwise instructed. (PLEASE PRINT) Customer Information: Financial Institution: Name: CITY OF CHULA VISTA Name: Address: 276 4TH AVE Address: City: CHULA VISTA City: State: CA Zip: 91910 State: Zip: Account Type (check one) Checking Savings Routing /ABA Number __________________________ Account Number __________________________ (Please enclose a voided check) Biller Information: Your JPMorgan Chase Bank, N.A. Account Number(s) as Shown on Agreement or Invoice. (A sign up form is required for each unique financial institution account and routing/ABA number.) 1000149192 1000 __ __ __ __ __ __ 1000 __ __ __ __ __ __ 1000 __ __ __ __ __ __ Notice to Customer - This agreement authorizes the periodic transfer of funds from your account at the financial institution listed on this sign up form by electronic means. Your rights and liabilities under this agreement are governed in part by federal laws and regulations dealing with electronic fund transfers. You should consult your agreement with the financial institution, which holds your account for a more complete disclosure of your legal rights. Withdrawal amount may change to reflect the payment schedule defined in the agreement. This authorization and change of payment method will not modify or amend the agreement, including any rights or remedies of JPMorgan Chase Bank, N.A. The biller reserves the right to discontinue this payment service at biller’s discretion and upon notice to the customer. Authorized Signature Date Telephone No. Do Not Enclose Payment! Mail to: JPMorgan Chase Bank, N.A. 1111 Polaris Parkway, Suite N4 (OH1-1085) Columbus, Ohio 43240 Phone: 1-800-678-2601 Option #2 Or Email: JPMEF.Portfolio.Service@JPMORGAN.com THINGS YOU NEED TO KNOW ABOUT AUTOMATED BILL PAYMENT 2022/10/25 City Council Post Agenda Page 208 of 407 170113-V2 Page 2 of 2 Q. How do I sign up? A. Complete all sections of this form, sign, enclose a voided check and mail or email to JPMEF.Portfolio.Service@JPMORGAN.com. Q. Once I have enrolled in the automated bill payment will JPMorgan Chase Bank, N.A. give me notice of when my automated bill payment will begin? A. Yes. You will be notified by mail in advance of your actual start date. Typically, it will take 4 to 6 weeks before you will begin. Please continue to pay until notification is received. Q. When will the payment amounts be taken out of my checking or savings account? A. The periodic payment will be deducted from your checking or savings account automatically by JPMorgan Chase Bank, N.A. on the payment due date. If the payment due date falls on a weekend or holiday the payment will be deducted on the next business day. Q. What if I have a question about my bill payment or want to stop the automated payment plan? A. Simply call us at 1-800-678-2601 Option #2. Q. How can I be sure my bill has been paid? A. Your payment will be clearly itemized on your bank's monthly account statement. Q. Is there a charge for this service? A. No. You are a valued customer and we offer this service free of charge. Q. If I've already signed up, must I complete the form again? A. Only if you are adding or changing the financial institution account and/or routing/ABA numbers. Q. How will I be billed for assessments? A. Assessments such as personal property tax and fees will be deducted with your rental payment unless otherwise instructed by you in writing. 2022/10/25 City Council Post Agenda Page 209 of 407 2022/10/25 City Council Post Agenda Page 210 of 407 2022/10/25 City Council Post Agenda Page 211 of 407 2022/10/25 City Council Post Agenda Page 212 of 407 2022/10/25 City Council Post Agenda Page 213 of 407 2022/10/25 City Council Post Agenda Page 214 of 407 2022/10/25 City Council Post Agenda Page 215 of 407 2022/10/25 City Council Post Agenda Page 216 of 407 2022/10/25 City Council Post Agenda Page 217 of 407 2022/10/25 City Council Post Agenda Page 218 of 407 2022/10/25 City Council Post Agenda Page 219 of 407 2022/10/25 City Council Post Agenda Page 220 of 407 2022/10/25 City Council Post Agenda Page 221 of 407 2022/10/25 City Council Post Agenda Page 222 of 407 2022/10/25 City Council Post Agenda Page 223 of 407 2022/10/25 City Council Post Agenda Page 224 of 407 2022/10/25 City Council Post Agenda Page 225 of 407 From: Rebecca Rapp < Sent: Tuesday, October 25, 2022 1:58 PM To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas acardenas@chulavistaca.gov> Subject: Public Comment: New details show sprawling web of corruption in Southern California cannabis licensing Good evening, Mayor Salas and council members, my name is Becky Rapp. I’m a public health educator concerned with the lack of prevention messaging regarding the marijuana industry. I cannot attend in person tonight but wanted to send my comments in hopes of consideration. It seems the marijuana industry has the ear of the city as every policy that moves forward seems to benefit those profiting. Many local doctors working on the front lines of the mental health crisis have stated their concerns along with new, current studies that point to the detrimental harms high-potency marijuana can have, especially on the developing brain. Information that should not be ignored. I can’t help but wonder why. An article posted in the LA times last week titled, “New details show sprawling web of corruption in Southern California cannabis licensing.” The article describes how California lawmakers called for a statewide task force to crack down on corruption. Details are emerging in a bribery scandal and pay-to-play schemes. The counties that have been investigated are the Inland Empire, San Gabrielle Valley, and Southwest Los Angeles County. The article goes on to describe that in some instances, government officials took on dual roles as lobbyists or consultants for pot interests. In fact, more than a dozen government officials statewide received income, ranging from thousands of dollars to hundreds of thousands from marijuana companies or had interests in pot businesses while still in office. Warning: External Email Written Communications Public Comment - Rapp - Received 10/25/22 2022/10/25 City Council Post Agenda Page 226 of 407 In no way am saying the city is involved in backyard transactions with the marijuana industry but it is curious as to why policy gets approved to profit in the industry and the community voice along with local healthcare professionals seems to be ignored. Perhaps more prevention messaging and counter-advertising would be appropriate, sending the message that you’re listening. Thank you Written Communications Public Comment - Rapp - Received 10/25/22 2022/10/25 City Council Post Agenda Page 227 of 407 MEASURE P UPDATE October 25, 2022 2022/10/25 City Council Post Agenda Page 228 of 407 City Infrastructure Assets Include Over… •460 miles of public streets •1,000 miles of sidewalks/trails/paths •27,000 street trees •270 traffic signals •9,000 streetlights •4.2 million LF of curb & gutters •249 miles of storm drains •500 acres of park land •500 miles of sewer pipes •2,000 acres of open space •550 kW of Solar Photovoltaics …and… Athletic Fields, Bridges, Civic Center, Drainage Channels, Equipment, Fire Stations, Fences, Golf Course, Guardrails, Jail, Pump Stations, Emergency Generators, Libraries, Museum, Nature Center, Pipelines, Police Headquarters, Pools, Public Works Center, Recreation Centers, Retaining Walls, Visitor Information Center, Street Signs, Vehicle Fleet, Restrooms, Elite Athlete Training Center, Downtown Parking Structure, etc. 2022/10/25 City Council Post Agenda Page 229 of 407 Measure P Timeline •Asset Management Program (2013) (Red /Yellow Assets) •Asset Management Program Advisory Committee Formed (Mar 2014) •Public Opinion Survey (Feb, July, Aug 2015) •Measure P Approved by Voters (Nov 2016) •First Expenditure Plan Approved by Council (Dec 2016) •Measure P Citizens Oversight Committee Formed (Feb 2017) •Revenue Collection Began (Apr 2017) •$70 M Bonds Issued (FY 2018) •Project Development, Design, Delivery (2018 –2027+) •Revenue Collection Ends (Apr 2027) 2022/10/25 City Council Post Agenda Page 230 of 407 STREETS STREETS STORM DRAINS STORM DRAINS PUBLIC SAFETY PARKS Open Space Maint. BUILDINGS PARKS 1 2 3 4 5 Public Opinion Prioritizing Infrastructure Projects 2022/10/25 City Council Post Agenda Page 231 of 407 Approved Expenditure Plan Priorities The following were identified as the highest priority items for Measure P funding: •Pave, maintain and repair neighborhood streets and fix potholes •Improve Traffic Signal Systems •Replace storm drains to prevent sinkholes •Upgrade or replace aging police, fire and 9-1-1 emergency response facilities, vehicles and equipment •Upgrade irrigation systems to conserve water and save energy •Make essential repairs to older libraries, senior center and recreation centers •Repair Sports Fields and Courts and Park Infrastructure 2022/10/25 City Council Post Agenda Page 232 of 407 Measure P Revenues (In Millions) Original Budget Current Budget Estimated Budget FY 2017-27 FY 2017-23 FY 2017-27 Estimated Revenue $177.80 $134.10 $235.00 Investment Earnings $0.00 $4.20 $4.20 Bond Proceeds $56.40 $71.40 $71.40 Debt Service/Cost of Issuance & Admin ($68.70)($48.80)($78.80) TOTAL REVENUES $165.50 $160.90 $231.70 Projecting Revenues $66 M Over Original Estimate 2022/10/25 City Council Post Agenda Page 233 of 407 Measure P Expenditures (In Millions) PRIORITY EXPENDITURE CATEGORY Original Budget Current Budget Estimated Budget Remaining Budget FY 2017-27 FY 2017-23 FY 2017-27 FY 2024-27 1 Streets (Pavement, Sidewalks, Signals Rehab & Replc) $36.3 22%$31.0 19%$34.1 17%$3.1 2 Storm Drains (CMP, CP Rehab & Replc)$18.2 11%$12.5 8%$15.7 8%$3.2 3 Public Safety Equipment & Facilities (Rehab & Replc) $69.7 42%$50.6 32%$76.2 37%$25.6 4 Parks (Sports Courts, Fields, Irrigation, Misc Impvmts Rehab & Replc) $22.6 14%$12.1 8%$15.7 8%$3.6 5 Buldings (Libraries & Rec Centers Rehab & Replc) $7.5 5%$40.4 25%$43.4 21%$3.0 All Equipment (Non-Public Safety Equip, Telecom, Network Rehab & Replc) $11.2 7%$13.7 9%$19.6 10%$5.9 TOTAL EXPENDITURES $165.5 $160.3 $204.7 $44.5 Spent or Encumbered 97% of Original Budget in <6 Years Building Budget Exp Increase = Loma Verde Scope 2022/10/25 City Council Post Agenda Page 234 of 407 Measure P Projected Fund Balance (In Millions) Original Budget Current Budget Estimated Budget FY 2017-27 FY 2017-23 FY 2017-27 Total Revenues $165.50 $160.90 $231.70 Total Budgeted Expenditures $165.50 $160.30 $204.70 REMAINING FUNDS (Reserves)$0.00 $0.70 $27.00 Reserves Used for Cost/Scope Increases & Unforeseen Projects 2022/10/25 City Council Post Agenda Page 235 of 407 P A V E M E N T E N G I N E E R I N G C A P I T A L P R O J E C T S 9 Total Pavement: $ 22,565,755 CIP Description Status Project Budget STL0427 Street Pavement Rehabilitation Complete –December 2018 $ 6,554,460 STL0430 Street Pavement Rehabilitation Phase II Complete –August 2020 $ 16,011,295 S T R E E T S -M E A S U R E P 2022/10/25 City Council Post Agenda Page 236 of 407 S I D E W A L K E N G I N E E R I N G C A P I T A L P R O J E C T S 10 Total Sidewalk : $ 3,387,551 CIP Description Status Project Budget STL0428 Sidewalk Replacement Complete –December 2019 $ 509,768 STL0443 Sidewalk Rehab Citywide –Phase I Construction –Completed February 2022 $ 2,877,784 S T R E E T S -M E A S U R E P 2022/10/25 City Council Post Agenda Page 237 of 407 T R A F F I C E N G I N E E R I N G C A P I T A L P R O J E C T S 11 Total Traffic: $ 7,000,000 CIP Description Status Project Budget TRF0408 Traffic Signal Modifications –Phase I Construction –Completion Est. Winter 2022 $ 5,000,000 TRF-NEW Traffic Signal Modifications –Phase II Future Measure P Project $ 2,000,000 S T R E E T S -M E A S U R E P 2022/10/25 City Council Post Agenda Page 238 of 407 D R A I N A G E E N G I N E E R I N G C A P I T A L P R O J E C T S 12 Total Drainage: $ 12,116,986 CIP Description Status Project Budget DRN0209 CMP Rehabilitation Outside Right of Way FY2017/18 Complete -December 2018 $ 1,256,000 DRN0210 Drainage Pipe Assessment Outside ROW Complete –June 2018 $ 140,000 DRN0211 CMP Rehab Outside of Right of Way Phase II Complete –July 2020 $ 8,185,000 DRN0216 Corrugated Metal Pipe Emergency Repair Complete –June 2021 $ 400,000 DRN0219 CMP Rehab Outside of Right of Way Phase III Design Phase $ 2,135,986 S T O R M D R A I N S -M E A S U R E P 2022/10/25 City Council Post Agenda Page 239 of 407 F I R E S T A T I O N 1 13P U B L I C S A F E T Y –M E A S U R E P CIP Description Status Cost GGV0252 Fire Stations Repair/Replace –Station1 Design -Est Comp Summer/Fall 2023 $ 3,683,760 GGV0252 Additional Funding Required $ 3,631,379 E N G I N E E R I N G C A P I T A L P R O J E C T S Total Estimated Cost : $ 7,315,1392022/10/25 City Council Post Agenda Page 240 of 407 F I R E S T A T I O N 3 14P U B L I C S A F E T Y –M E A S U R E P CIP Description Status Cost GGV0230 Fire Stations Repair/Replace –Station 3 Complete -April 2021 $ 9,715,544 E N G I N E E R I N G C A P I T A L P R O J E C T S Total Project Cost : $ 9,715,5442022/10/25 City Council Post Agenda Page 241 of 407 F I R E S T A T I O N 5 15P U B L I C S A F E T Y –M E A S U R E P CIP Description Status Cost GGV0230 Fire Stations Repair/Replace –Station 5 Complete –March 2021 $ 10,085,052 E N G I N E E R I N G C A P I T A L P R O J E C T S Total Project Cost : $ 10,085,0522022/10/25 City Council Post Agenda Page 242 of 407 16P A R K S –M E A S U R E P L A U D E R B A C H P A R K CIP Description Status Project Budget PRK0329 Lauderbach Park Rehabilitation Construction –Est. Completion October/November 2022 Measure P $ 820,001 Youth Sports Grant $ 1,000 000 E N G I N E E R I N G C A P I T A L P R O J E C T S Total Project Cost : $ 1,800,0012022/10/25 City Council Post Agenda Page 243 of 407 17B U I L D N G S –M E A S U R E P L O M A V E R D E CIP Description Status Project Budget GGV0247 Loma Verde Recreation Center Construction –Est. Completion: Segments 1 & 2 -Fall/Winter 2022 ; Segment 3 –Summer 2023 Measure P $ 22,486,629 CIP Fund $ 12,000,000 E N G I N E E R I N G C A P I T A L P R O J E C T S Total Project Cost : $ 34,486,6292022/10/25 City Council Post Agenda Page 244 of 407 H I G H L I G H T S 18E N G I N E E R I N G C A P I T A L P R O J E C T S –M E A S U R E P STREETS Pavement $22,565,755 •337 residential street segments 100% completed STORM DRAINS $12,116,986 ($1.1M Future) •150 drainage pipe locations 81% complete STREETS Sidewalk $3,387,551 ($2.8M Future) •130 sidewalk replacements •7,654 sidewalk slicing repairs 41% complete PARKS/BUILD- INGS Facilities & Parks $23,388,021 •Renovation of Loma Verde Recreation Center •Lauderbach Park Renovation •Max Field/ Loma Verde Accessibility Study STREETS Traffic $5,000,000 ($2M Future) •11 traffic signal replacements 65% complete PUBLIC SAFETY Fire Stations $23,484,356 ($3.6M Future) •Stations 3 and 5 designed and constructed new facilities •Station 1 renovation 75% complete E N G I N E E R I N G C A P I T A L P R O J E C T S2022/10/25 City Council Post Agenda Page 245 of 407 P U B L I C W O R K S 19 CIP Description Status Project Budget GGV0230/ GGV0252 Fire Station #1 Roof Complete $ 238,800 P U B L I C S A F E T Y -F i r e S t a t i o n R e p a i r / R e p l a c e m e n t AfterBefore 2022/10/25 City Council Post Agenda Page 246 of 407 P U B L I C W O R K S 20 GGV0232 Total Expenditures to Date : $ 1,140,602 CIP Description Status Project Budget GGV0232 Police Facility Drone Rooftop Upgrades Complete $ 88,100 GGV0232 LED Lighting Complete $ 208,200 GGV0232 Police Facility Security Cameras Complete $ 183,100 GGV0232 Police Facility Door Replacements & Upgrade to Hormonn Highspeed Gates Complete $ 199,900 GGV0232 HVAC Misc Repairs Complete $ 145,700 P U B L I C S A F E T Y -P o l i c e F a c i l i t y R e p a i r POLICE FACILITY DRONE ROOFTOP UPGRADES UPGRADE TO HORMONN HIGHSPEED GATES 2022/10/25 City Council Post Agenda Page 247 of 407 P U B L I C W O R K S 21 CIP Description Status Project Budget GGV0233 Woman’s Club Window Replacement and Exterior Painting Complete $ 224,200 GGV0233 Women’s Club Roof Replacement Complete $ 246,400 B U I L D I N G S -R e c r e a t i o n a n d S e n i o r C e n t e r s 2022/10/25 City Council Post Agenda Page 248 of 407 P U B L I C W O R K S 22 CIP Description Status Project Budget GGV0233 Norman Park Facility Improvements Complete $ 1,878,400 GGV0233 Norman Park Senior Center Lower Roof HVAC Replacement Complete $ 119,500 GGV0233 Norman Park Senior Center Batten Seam Metal Roof Replacement Complete $ 244,000 B U I L D I N G S -R e c r e a t i o n a n d S e n i o r C e n t e r s GGV0233 Total Expenditures to Date : $ 3,583,2502022/10/25 City Council Post Agenda Page 249 of 407 P U B L I C W O R K S 23 CIP Description Status Project Budget GGV0257 1301 Oleander Ave Building Repairs In Progress $ 750,000 B U I L D I N G S -R e c r e a t i o n a n d S e n i o r C e n t e r s 2022/10/25 City Council Post Agenda Page 250 of 407 P U B L I C W O R K S 24 CIP Description Status Project Budget GGV0234 Oleander Roof Replacement Complete $ 1,228,600 B U I L D I N G S -O t h e r P u b l i c B u i l d i n g s 2022/10/25 City Council Post Agenda Page 251 of 407 P U B L I C W O R K S 25 CIP Description Status Project Budget GGV0231 Civic Center Library Lobby Restrooms Complete $ 274,700 B U I L D I N G S -C i v i c C e n t e r & S . C h u l a V i s t a L i b r a r i e s 2022/10/25 City Council Post Agenda Page 252 of 407 P U B L I C W O R K S 26 CIP Description Status Project Budget GGV0231 Civic Center Library: Adult and Children Restrooms/Children’s Area In Progress $ 929,400 B U I L D I N G S -C i v i c C e n t e r & S . C h u l a V i s t a L i b r a r i e s 2022/10/25 City Council Post Agenda Page 253 of 407 P U B L I C W O R K S 27 CIP Description Status Project Budget GGV0231 Civic Center & South Library Roof Replacement Complete $ 1,040,000 B U I L D I N G S -C i v i c C e n t e r & S . C h u l a V i s t a L i b r a r i e s GGV0231 Total Expenditures to Date: $ 2,558,2002022/10/25 City Council Post Agenda Page 254 of 407 P U B L I C W O R K S 28 CIP Description Status Project Budget GGV0234 Living Coast Discovery Center Deck and Rails In Progress $ 288,500 GGV0234 Living Coast Discovery Center Roof & Other Repairs Complete $ 202,100 B U I L D I N G S -O t h e r P u b l i c B u i l d i n g s 2022/10/25 City Council Post Agenda Page 255 of 407 P U B L I C W O R K S 29 CIP Description Status Project Budget GGV0234 Animal Care Facility Trailer Complete $ 372,200 B U I L D I N G S -O t h e r P u b l i c B u i l d i n g s GGV0234 Total Expenditures to Date: $ 4,563,8352022/10/25 City Council Post Agenda Page 256 of 407 P U B L I C W O R K S 30 CIP Description Status Project Budget PRK0328 Rohr Park Restrooms Complete $ 1,012,900 P A R K S -P a r k I n f r a s t r u c t u r e 2022/10/25 City Council Post Agenda Page 257 of 407 P U B L I C W O R K S 31 CIP Description Status Project Budget PRK0326 Water Fountain Replacements Complete $ 263,900 PRK0326 Electrical Switchgear -Eucalyptus Complete $ 170,600 P A R K S -P a r k I n f r a s t r u c t u r e 2022/10/25 City Council Post Agenda Page 258 of 407 C O M M U N I T Y S E R V I C E S 32 CIP Description Status Expenditures to Date PRK0326 Playground Renovations/replacements & Court Resurfacing (Various locations)In Progress $ 1,286,100 P A R K S -P a r k I n f r a s t r u c t u r e 2022/10/25 City Council Post Agenda Page 259 of 407 P U B L I C W O R K S 33 CIP Description Status Project Budget PRK0326 Sidewalk and Pavement Improvement City Parks Eucalyptus, Los Niños, Rohr, and Terra Nova Complete $ 624,100 PRK0326 Pedestrian and Parking Lot Lights (Windingwalk and Veterans)Complete $ 381,300 P A R K S -P a r k I n f r a s t r u c t u r e 2022/10/25 City Council Post Agenda Page 260 of 407 C O M M U N I T Y S E R V I C E S 34 CIP Description Status Expenditures to Date PRK0326 Irrigation System Replacement In Progress $ 329,700 P A R K S -S p o r t s C o u r t s & F i e l d s PRK0326 / PRK0328 Total Expenditures to Date : $ 5,193,7002022/10/25 City Council Post Agenda Page 261 of 407 Vehicle Category E Q U I P M E N T -P u b l i c S a f e t y a n d N o n -P u b l i c S a f e t y 35 Fire Police Non-Public Safety $ 3,072,500 FY 2023 Total Budget TBD $ 944,950 TBD $ 127,550 52 $ 2,000,000 52 25 5 49 FY 2022 Total Amount $ 1,338,069 $ 3,658,273 $ 3,974,065 79 FY 2023 Anticipated Purchases $ 8,970,407 FY 2022 Received & On Order Total 198 FY 2017-21 Received 101 21 76 FY 2017-21 Total Amount $ 5,020,812 $ 5,937,443 $ 4,976,819 $ 15,935,074 P U B L I C W O R K S Expenditures/Encumbrances to Date : $ 27,977,9812022/10/25 City Council Post Agenda Page 262 of 407 H I G H L I G H T S 36P U B L I C W O R K S / C O M M U N I T Y S V C S . -M E A S U R E P BUILDINGS RECREATION & SENIOR CENTERS Expenditures to Date $ 3,583,250 ($ 820K Balance) •HVAC •Restrooms •Roofs BUILDINGS OTHER Expenditures to Date $ 4,563,850 ($ 3.5M Balance) •Living Coast Discovery Center •Oleander (Boys/Girls Club) •HVAC •Roof EQUIPMENT FLEET Expenditures to Date $ 7,533,715 ($ 960K Balance) •Fuel Management •Fuel Dispenser Upgrades •Fleet Works Management System Upgrades •Non-Safety Vehicles PARKS INFRASTRUCTURE Expenditures to Date $ 5,193,700 ($ 3M Balance) •Playground Replacement •Court Resurfacing •Irrigation •Rohr Park Restroom BUILDINGS CIVIC CENTER & S. CHULA VISTA LIBRARIES Expenditures to Date $ 2,558,200 ($ 2.25M Balance) •HVAC •Restrooms •Roofs P U B L I C W O R K S / C O M M U N I T Y S E R V I C E S2022/10/25 City Council Post Agenda Page 263 of 407 Ongoing Infrastructure Funding Sources General Fund Assessment Districts Grants User Fees Gas Excise Tax (State/Federal) Local Sales Tax Measure P (2017 –2027) –4 Years to Go Measure A (Public Safety Equipment) –New Since 2017 Other –ARPA, Infrastructure Investment and Jobs Act, Etc. 2022/10/25 City Council Post Agenda Page 264 of 407 Measure P Next Steps •Develop/Refine Expenditure Plan Proposal for FY 24 thru FY 27 •Complete Filling Approved Staff Positions •Continue Seeking Funding Sources •Deliver Current Projects •Update Asset Management Program •Prepare Future Asset Management, Maintenance & Funding Strategies/Options 2022/10/25 City Council Post Agenda Page 265 of 407 Questions? October 18, 2022 2022/10/25 City Council Post Agenda Page 266 of 407 v . 0 03 P a g e | 1 October 25, 2022 ITEM TITLE Tenant Protections: Consideration of an Ordinance Regarding Local Tenant Protections to Address No- Fault Just Cause Terminations of Tenancy and Harassment Report Number: 22-0185 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Consider placing an ordinance on first reading to add Chapter 9.65 to the Chula Vista Municipal Code entitled “Residential Tenant Protection Ordinance.” (First Reading) SUMMARY On May 17, 2022, staff presented an ordinance responsive to a September 14, 2021 City Council referral to review potential tenant protections in the City of Chula Vista and received feedback. Tonight’s action provides the City Council with a permanent ordinance, Chula Vista Municipal Code Chapter 9.65 “Residential Tenant Protection Ordinance” (“CVMC 9.65” or the “Ordinance”), that is responsive to the original referral and subsequent Council comments to address no-fault terminations of tenancy related to substantial remodels of rental properties, removal of rental properties from the rental market, demolition of rental properties, and owner or family move-ins. The provisions further define and prohibit harassment and retaliation against tenants and provide remedies and tools for enforcement. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA. The activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of a reporting action, is not for a site-specific project(s) and will not result in a direct or indirect 2022/10/25 City Council Post Agenda Page 267 of 407 P a g e | 2 physical change in the environmental. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On April 19, 2022, the Housing Advisory Commission (“HAC”) voted 4-1 recommending the draft ordinance to add CVMC 9.65 advance to City Council and that the City establish a task force to assist in tenant and landlord disputes. The Commission also expressed some difficulty in moving forward with the ordinance, indicating that they felt additional outreach might bring the stakeholders into closer agreement. DISCUSSION On September 14, 2021, after several months of public comments regarding the eviction of tenants at two properties within the City of Chula Vista, and requests for action by the Alliance of Californians for Community Empowerment (ACCE), the City Council made a referral to staff to review and address the following key areas of tenant protection law:  Substantial Rehabilitation  Removal from Rental Market  Harassment and Retaliation  City Remedies & Enforcement On April 12, 2022, an extensive update was provided to City Council on the process established to respond to the September 14, 2021 referral as Item No. 8.1. This was followed by a presentation of a proposed ordinance on May 17 as Item No. 7.2. Tonight’s report serves to respond to specific concerns voiced at the May 17 meeting, provide an update of meetings with stakeholders since that time, and present the City Council with a responsive ordinance inclusive of final stakeholder input and additional data. Exhibit 1 provides a timeline of the referral process. Exhibit 1 Tenant Protection Referral Timeline 2022/10/25 City Council Post Agenda Page 268 of 407 P a g e | 3 Legal Considerations Three main State Laws currently provide tenant protections related to the referred items. A summary of each, and the City’s authority to implement local protections is summarized below. The Ellis Act (Government Code section 7060, et seq.): The Ellis Act provides that a local jurisdiction may not compel a rental property owner via statute, ordinance, regulation, or administrative action to continue to offer accommodations for rent. In other words, the City may not prevent a landlord from exiting the rental business. The Ellis Act does, however, permit all local jurisdictions to mitigate any adverse impacts on persons displaced as a result of the withdrawal of a property from the rental market (see Government Code section 7060.1(c)). In jurisdictions that have adopted local rent control measures, specific additional protective provisions are authorized by statute. If a local jurisdiction implements local rent control measures, additional tenant protections could be available under the Ellis Act; however, it would be the local jurisdiction’s responsibility to implement and enforce rent control, as well as any adopted additional protections. The State’s Tenant Protection Act of 2019 (“STPA”) (AB1482): The STPA in Civil Code section 1946.2 provides that a tenancy may only be terminated for Just Cause, which includes both At-Fault Just Cause and No-Fault Just Cause terminations. At-Fault Just Cause reasons for terminating a tenancy include actions by the tenants that justify termination of the tenancy. No-Fault Just Cause reasons for terminating a tenancy include situations in which the tenant is not at fault, and the termination is instead being initiated because of the landlord’s actions. The STPA, in reference to the Ellis Act provisions, lists removal of a rental property from the rental market as a No-Fault Just Cause basis. (see Civil Code section 1946.2(b)(2)(B)). Additional No Fault Just Cause reasons for terminating a tenancy include: (1) owner or family member move-in; (2) substantial remodel or complete demolition of the rental property; and (3) a court order or other law forcing the closure of the rental property. In addition to requiring At Fault or No-Fault Just Cause to terminating a tenancy, the STPA further provides for various tenant protections, including reason-specific termination notices and relocation assistance. Most importantly, the STPA allows local jurisdictions to create their own ordinances to provide for greater tenant protections. In instances where a local jurisdiction enacts an ordinance that is more protective than the STPA provisions, the local protections supersede the STPA. Finally, Civil Code section 1947.12 imposes state-wide rent control, capping the number of times per year that rent can be increased, and capping the percentage of such increases. Section 1947.12 does not limit local jurisdictions from establishing their own local rent control provisions. In reviewing the options for the Ordinance, rent control was not considered as it was not part of the referral made to staff. Retaliatory Behavior Prohibition (Civil Code 1942.5): State law provides protections from retaliation for tenants that have exercised a legal right against a landlord. In the event that a tenant exercises a tenant’s right (including participation in an organized tenant’s rights association) or reports a habitability issue to an enforcing agency, a landlord cannot terminate the tenancy, force the tenant to leave involuntarily, increase rent, or decrease any services for a specified period of time so long as the tenant has not failed to pay rent. Local jurisdictions may adopt additional tenant anti- harassment provisions pursuant to their local police power authority. 2022/10/25 City Council Post Agenda Page 269 of 407 P a g e | 4 Council Comments Table 1 provides a summary of comments from City Council on May 17 and provides details of how City staff have addressed these concerns. Table 1 Summary of Council Comments on May 17th & Action to Address May 17th Comment Action to Address Assessment of Housing Staff Resources A separate action will be brought forward to Council regarding Housing resources and restructuring to address increasing emphasis on Housing matters. Develop Outreach Plan City entered into a contract with NV5/Ardurra in June 2022 for assistance in facilitating stakeholder meetings, inventorying available stakeholder resources and developing an outreach strategy for initial ordinance implementation and a long-term educational campaign. An outline of the collaborative stakeholder outreach opportunities is provided later in the staff report. Tracking/Data Collection Added Ordinance requirements for landlords to provide data to be submitted to the City along with notice(s) served to resident(s), to be more fully defined in the Administrative Regulations. City staff will maintain no- fault noticing and work with CSA to establish data collection for other tenant/landlord issues and terminations. How Would Tenancy be Validated? Ordinance provides definitions on qualifications for tenancy and tools for tenants to civilly pursue. Length of Tenancy for Protections Removed the requirement that Just Cause is required only for Long-Term Tenancies. As a result, Just Cause is required to terminate a tenancy of any length. Review Relocation Metric of U.S. Department of Housing and Urban Development (HUD) Small Area Fair Market Rent (SAFMR) to Ensure it Reflects Current Rental Market The SAFMR is updated in April of every year. While the City has seen a significant increase in rental rates in the past year, historically the Consumer Price Index (CPI) increase for the San Diego area averages 2.5-3.0% annually. A survey, further discussed below was conducted in July 2022 and showed average rents well below the SAFMR. However, to address concerns regarding increased market rents, the Ordinance has been updated to provide relocation assistance for a specified number of months at the greater of the SAFMR for that zip code or actual contracted rent. Strengthen Protections around First Right of Refusal Added requirement for landlord to include minimum criteria for requalification of tenancy with first right of refusal noticing and greater specificity of timeframes. Clarify Enforcement of Criminal Offenses Ordinance updated to specify that criminal penalties are authorized only in the case of the Owner’s interference with a Tenant’s occupancy involving (a) threat, fraud, intimidation, etc.; (b) a public nuisance; (c) cutting off utilities; or restricting trade (including delivery services) to or from a Tenant. 2022/10/25 City Council Post Agenda Page 270 of 407 P a g e | 5 Address Enforcement Process and Define Remedies Administrative Regulations will provide additional details for enforcement. Citywide Survey Based on continuing concern that additional local data was needed surrounding the types of termination of tenancies that have recently occurred, types of properties impacted, and existing rental rates, Staff contracted with LUTH Research to conduct a survey of tenants and landlords throughout the City (see Attachment 1 for the full report). Between July 6 and July 26, through market research calls, stakeholders and city media channels, a citywide survey was distributed to collect additional data and responses were received from 271 tenants and 89 landlords who lease out 116 separate units. The survey highlights included:  41% of tenant respondents resided in the 91910 zip code, followed by 91911 at 26%, 91913 at 17%, 91915 at 8%, 91902 at 5%, and 91914 at 2%.  Only one in ten tenant respondents are renting a property that the owner also lives on.  One in five tenant respondents have been in the property ten years or longer.  Nearly one-half of tenant respondents are renting two-bedroom units and one in three are renting three-bedroom units.  The average rent paid for a 1-bedroom rental in Chula Vista is just under $1,500, it is just under $2,000 for a 2-bedroom and nearly $2,400 for a 3-bedroom rental. Exhibit 2 provides a comparison of these results to the SAFMR, showing on average the SAFMR is higher than reported rents.  41% of tenant respondents received a rent increase for 2022, while one in three tenant respondents have never had a rent increase.  Rent increases averaged $180 in 2022.  One in ten Chula Vista tenant respondents say they have received an eviction notice or a termination of tenancy in the past three months.  The primary reason for an eviction notice is for non-payment of rent; however, many have also received notices due to the owner or family moving in and substantial rehabilitation.  Around one in ten tenants belong to ACCE and slightly fewer belong to San Diego Tenants Unite/Tenants Together.  Landlords reported issuing no-fault terminations in the past 3 months affecting 157 tenants.  35% of landlords indicated they were not aware of noticing requirements under AB1482. Exhibit 2 Comparison of Survey Data vs. SAFMR 2022/10/25 City Council Post Agenda Page 271 of 407 P a g e | 6 Stakeholder Outreach The May 17 staff report provides a full update of stakeholder input to that point. In all, over 20 stakeholder and/or public meetings, as summarized in Table 2, have been held over the course of responding to the referral. Meeting notes from stakeholder meetings on June 2, July 13, and August 22 have been included as Attachment 2. Table 2 Summary of Outreach Meetings & Stakeholder Involvement While staff has continued to make updates to the Ordinance based on stakeholder input throughout the process, landlords have contended from the beginning that local protections beyond those offered by State Law should not be implemented since the State Tenant Protection Act of 2019 (“AB1482” or the “STPA”) was adopted just prior to the pandemic making the real industry impacts still unknown, and there has not been a demonstrated need for additional protections in Chula Vista. On the other hand, tenant advocates have contended that no-fault evictions are a loophole in AB1482, are a growing trend for displacement of residents throughout the State, and local jurisdictions should act now before the issue grows further. “Residential Tenant Protection Ordinance” Based upon the May 17 input received from the Council and subsequent data and stakeholder input, a final Ordinance is being presented for consideration. Attachment 3 provides an overview of State Law surrounding substantial remodel, demolition, removal from market, and retaliatory harassment (AB1482, Civil Code 1942.5, and Ellis Act), in comparison to the proposed Ordinance. Important points of the new ordinance include:  For single-family residences, only those owned by a business entity have greater requirements than current State law.  Section 9.65.050, Harassment and Retaliation Against Tenant Prohibited, applies to single-family residences that are owned by a business entity, properties with two units that are both rented (duplexes or single-family with ADU), and Residential Rental Complexes.  Section 9.65.060, Just Cause Required for Termination of Tenancy, applies to all single-family residences that are owned by a business entity, properties with two units that are both rented (duplexes or single-family with ADU), and to Residential Rental Complex with 3 units or more. 2022/10/25 City Council Post Agenda Page 272 of 407 P a g e | 7  Section 9.65.070, Requirements Upon Termination of a Tenancy, requires that notice and relocation assistance be provided to tenants in the event of a No-Fault Just Cause termination. This provision applies to all single-family residences that are owned by a business entity, properties with two units that are both rented (duplexes or single-family with ADU), and to Residential Rental Complex with 3 units or more. Owners are required to provide notice to the City of the No Fault J ust Cause termination of tenancy. For units in a Residential Rental Complex, relocation assistance must be provided to the tenant in an amount equal to two months’ rent, or for elderly or disabled tenants, an amount equal to three months’ rent. For all other units, relocation assistance must be provided to the tenant in an amount equal to one month’s rent. Implementation Should Council adopt the Ordinance as presented, the effective date would be March 1, 2023. Over the next approximately 90 days, staff would continue to work with stakeholders to finalize the Administrative Regulations and provide educational outreach to all affected parties. A summary of potential methods was compiled with stakeholder input and is provided in Attachment 4. Specifically, City staff will be launching an updated webpage dedicated to landlord/tenant resources (https://www.chulavistaca.gov/landlordtenant), will provide direct mailing and utilize social media and community organizations to educate the community. Currently, 752 complexes which contain 3 units or more (“Residential Rental Complex” as defined in the Ordinance), a total of 22,905 units, have business licenses to operate. Staff will coordinate with the Finance Department and Code Enforcement to ensure information on the Ordinance is included in future annual business license renewal mailings; separate mailings will be made as needed, and emails will be sent to all Residential Rental Complexes on file. CSA San Diego will increase education to tenants through community events and community-based organizations and will collect additional data on terminations of tenancy, that are not covered by the Ordinance and being collected by the City, in order to track trends and inform future policy. Conclusion Staff has held over twenty (20) stakeholder meetings throughout the ordinance development process, including three public meetings through the Housing Advisory Commission, in addition to the City Council meetings on April 12 and May 17. The goal has continually been to bring forward a draft ordinance to be responsive to the original City Council referral to address no-fault termination of tenancy related to substantial remodel, removal from rental market, harassment/retaliation, and City remedies and enforcement. While stakeholders still widely disagree on several key elements, the Ordinance as presented provides tools to clarify state law and additional protections for Chula Vista tenants while balancing other stakeholder and City resource concerns. Considerations in this process have included:  Providing residents with additional protections for no-fault termination of tenancy;  Minimally impacting small landlords (“mom and pops”);  Narrowing the definition of what constitutes a substantial remodel;  Allowing properties within the city to revitalize as needed due to age, while providing resources for tenants to be able to move to a similar unit with additional relocation benefits;  Limiting additional city resource needs; and 2022/10/25 City Council Post Agenda Page 273 of 407 P a g e | 8  Addressing unintentional impacts throughout the process. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not a 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.). Councilmember McCann may, however, have a conflict of interest given his ownership interest in rental property and property management business. Otherwise, Staff is not independently aware, and has not been informed by any other City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund as a result of this action. Costs associated with development of this staff report and ordinance are included in the Housing Authority budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund as a result of this action as currently presented. Implementation of the Ordinance will have minor indirect costs for staff time to collect data, respond to and educate residents, particularly in the first months and/or year of implementation. Staff will continue to evaluate impacts and provide the HAC with updates related to administrative changes and/or budgetary impacts. ATTACHMENTS 1. LUTH Research Citywide Landlord & Tenant Survey 2. Stakeholder Meeting Notes from June 2, July 13, and August 22 3. Comparison of State Law & Proposed Local Protections 4. Summary of Collaborative Stakeholder Outreach Opportunities Staff Contact: Stacey Kurz, Housing Manager Laura Black, Director of Development Services 2022/10/25 City Council Post Agenda Page 274 of 407 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 9.65 TO THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH RESIDENTIAL TENANT PROTECTIONS WHEREAS, prior to the COVID-19 pandemic, there existed a lack of affordable housing in the State of California, including San Diego County (https://www.gov.ca.gov/2019/03/11/governor-newsom-announces-legislative-proposals-to- confront-the-housing-cost-crisis/) and which continues to exist to this day; and WHEREAS, over 42% of the housing stock in the City of Chula Vista is rental housing and 44% of all Chula Vista renters pay more than 50% of their income towards housing costs (2011-2015 CHAS); and WHEREAS, 47% of Chula Vista’s households are of lower income and earn 80% of the Area Median Income or less ($68,000 annual income for a family of four) and 46% of these households pay more than 50% of their income towards housing costs as renters and homeowners (2011-2015 CHAS); and WHEREAS, the City’s COVID-19 Emergency Rental Assistance Program (“ERAP”) via SBCS has received 7,339 ERAP applications, of which 6,189 were processed, through April 21, 2022; and WHEREAS, Chula Vista residents, particularly those within low wage and service industries, have suffered the loss of or limited work opportunities and are experiencing unexpected loss of income. These households are at risk of failing to maintain housing and falling into homelessness; and WHEREAS, given existing income levels of Chula Vista residents and the existing high cost of housing in San Diego County prior to the COVID-19 pandemic, including in Chula Vista, any further reductions in income and increased housing costs would exacerbate existing housing affordability issues; and WHEREAS, a recent report shows that Chula Vista rents increased by 16% over the last year (https://www.cbs8.com/article/news/investigations/your-stories-8/skyrocketing-rent-hikes- across-san-diego-new-report-shows/509-ee7f4ae5-c360-4ea7-bb59-55c4cb5f86d7); and WHEREAS, further economic impacts are anticipated (including high inflation, increased food and transportation costs, rising rents, and higher mortgage rates) leaving tenants vulnerable to eviction; and 2022/10/25 City Council Post Agenda Page 275 of 407 Ordinance Page 2 WHEREAS, it in the interest of protecting the public health and welfare, it is essent ial to avoid unnecessary housing displacement, to maintain the City’s affordable housing stock, and to prevent housed individuals from falling into homelessness; and WHEREAS, in August 2020, the California legislature adopted state residential eviction protections for tenants unable to pay rent due to the COVID -19 pandemic and preempted local eviction protections (the state eviction protections were extended to residential tenancies through March 31, 2022); and WHEREAS, displacement of residential tenants caused by eviction creates undue hardship on these tenants by making it difficult to follow public health orders and guidance of social distancing and isolation, and puts them at risk of homelessness due to the City’s documented shortage of affordable housing; and WHEREAS, through “No Fault” evictions, tenants can be evicted and displaced from their homes despite satisfying monthly rental obligations and acting in good faith to comply with the terms of their lease; and WHEREAS, a Tenant’s sudden and immediate displacement caused by a “No Fault” eviction can have a profound impact on the financial, emotional, and professional stability of a Tenant’s life; and WHEREAS, the Covid-19 Pandemic continues to impact our communities and evictions have been associated with higher COVID-19 transmission and mortality through overcrowded living environments, transiency, reduced access to healthcare, and challenges to comply with mitigation strategies; and WHEREAS, the State of California has recognized the impact of evictions on individuals and established the State Tenant Protection Act of 2019 (AB 1482; Civil Code section 1946.2); and WHEREAS, the State Tenant Protection Act authorizes local jurisdictions to adopt requirements for just cause termination of a residential tenancy that are more protective than the provisions in the State Tenant Protection Act of 2019; and WHEREAS, this Ordinance is intended to address threats to the public health, safety, and welfare of the residents of Chula Vista, to ensure that residents continue to have stable housing, and to protect residents from avoidable homelessness; and WHEREAS, this Ordinance adopts requirements for just cause termination of a residential Tenancy that are more protective than the provisions in the State Tenant Protection Act of 2019, and provides additional tenant protections. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. The City Council of the City of Chula Vista finds as follows: 2022/10/25 City Council Post Agenda Page 276 of 407 Ordinance Page 3 1. The just cause for termination of a residential tenancy under this local ordinance is consistent with the State of California’s Tenant Protection Act of 2019. 2. This local ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, and provides additional tenant protections that are not prohibited by any other provision of law. 3. This local ordinance is more protective than the provisions of the State of California’s Tenant Protection Act of 2019. Section II. Chapter 9.65 of the Chula Vista Municipal Code is added as follows: Chapter 9.65 RESIDENTIAL TENANT PROTECTION ORDINANCE Sections: 9.65.010 Title and Purpose. 9.65.020 Promulgation of Administrative Regulations. 9.65.030 Definitions. 9.65.040 Residential Tenancies Not Subject to This Chapter. 9.65.050 Harassment and Retaliation Against Tenant Prohibited. 9.65.060 Just Cause Required for Termination of Tenancy. 9.65.070 Requirements Upon Termination of Tenancy. 9.65.080 Enforcement and Remedies. 9.65.090 Sunset Clause. 9.65.010 Title and Purpose. A. Title. This chapter shall be known as the Chula Vista Residential Tenant Protection Ordinance and may be referred to herein as the Residential Tenant Protection Ordinance. B. Purpose. Subject to the provisions of applicable law, the purpose of the Residential Tenant Protection Ordinance is to require Just Cause for termination of residential tenancies consistent with Civil Code section 1946.2, to further limit the reasons for termination of a residential tenancy, 2022/10/25 City Council Post Agenda Page 277 of 407 Ordinance Page 4 to require greater tenant relocation assistance in specified circumstances, and to provide additional tenant protections. Nothing in this chapter shall be construed as to prevent the lawful eviction of a tenant by appropriate legal means. 9.65.020 Promulgation of Administrative Regulations. The City Manager is authorized to establish, consistent with the terms of this chapter, Administrative Regulations necessary to carry out the purposes of this chapter. Administrative Regulations shall be published on the City’s website and maintained and available to the public in the Office of the City Clerk. Administrative Regulations promulgated by the City Manager shall become effective and enforceable under the terms of this chapter thirty (30) days after the date of publication on the City’s website. 9.65.030 Definitions. When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to State laws, including references to any California statutes or regulations, is deemed to include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this chapter. “Administrative Regulations” means regulations that implement this chapter authorized by the City Manager pursuant to Section 9.65.020 . “Bad Faith” or “in Bad Faith” means with the intent to vex, annoy, harass, coerce, defraud, provoke or injure another person. This includes the intent of an Owner to induce a Tenant to vacate a Residential Rental Unit through unlawful conduct. “City” means the City of Chula Vista. “City Attorney” means the City Attorney of the City of Chula Vista, or their designee. “City Manager” means the City Manager of the City of Chula Vista, or their designee. “County” means the County of San Diego. "Disabled" means an individual with a disability, as defined in California Government Code Section 12955.3. "Elderly" means an individual sixty-two (62) years old or older. “Enforcement Officer” means the Director of Development Services, a Code Enforcement Manager, any Code Enforcement Officer, the Building Official, any sworn Officer of the Police Department, the Fire Chief, the Fire Marshal, or any other City department head (to the extent 2022/10/25 City Council Post Agenda Page 278 of 407 Ordinance Page 5 responsible for enforcing provisions of this code), their respective designees, or any other City employee designated by the City Manager to enforce this chapter. “Family Member” means the spouse, domestic partner, children, grandchildren, parents or grandparents of the residential unit Owner. “Housing Service" means services provided by the Owner to the Tenant in connection with the use and occupancy of a Residential Rental Unit, either pursuant to contract or as required by law, including repairs, maintenance, and painting; providing light, heat, hot and cold water; window shades and screens; storage; kitchen, bath, and laundry facilities and privileges; janitor services; pest control; elevator service; access to exterior doors, entry systems, and gates; utility charges that are paid by the Owner; refuse removal; furnishings; parking; the right to have a specified number of occupants, and any other benefit, privilege, or facility connected with the use or occupancy of any Residential Rental Unit. Housing Services also includes the proportionate part of services provided to common facilities of the building in which the Residential Rental Unit is located. “Owner” (including the term “Landlord”) means any Person, acting as principal or through an agent, having the right to offer a Residential Rental Unit for rent . As the context may require, “Owner” shall also include a predecessor in interest to the Owner. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. “Residential Rental Complex” means one or more buildings, located on a single lot, contiguous lots, or lots separated only by a street or alley, containing three or more Residential Rental Units rented or owned by the same Owner. “Residential Rental Unit” means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park that is not a Mobilehome Residency Law (“MRL”) Tenancy defined by Civil Code Section 798.12 (or a tenancy governed by the MRL). “State” means the State of California. “Substantial Remodel” means improvements to a Residential Rental Unit meeting all of the following criteria: 1. Any structural, electrical, plumbing, or mechanical system is being replaced or substantially modified; and 2. The cost of the improvements (excluding insurance proceeds, land costs, and architectural/engineering fees) is equal to or greater than $40 per square foot of the Residential Rental Unit; and 3. A permit is required from a governmental agency, or the abatement of hazardous materials, 2022/10/25 City Council Post Agenda Page 279 of 407 Ordinance Page 6 including lead-based paint, mold, or asbestos is required in accordance with applicable federal, State, County, or City laws and cannot be reasonably accomplished in a safe manner with the Tenant in place; and 4. It is necessary for the Residential Rental Unit to be vacant for more than sixty (60) days in order to complete the improvements. Cosmetic improvements alone, including, but not limited to, painting, decorating, flooring replacement, counter replacement, and minor repairs, or other work that can be performed safely without having the Residential Rental Unit vacated, do not constitute a Substantial Remodel. “Tenancy” means the lawful occupation of a Residential Rental Unit and includes a lease or sublease. “Tenant” means a tenant, subtenant, lessee, sublessee, resident manager, or any other individual entitled by written or oral agreement to the use or occupancy of any Residential Rental Unit. 9.65.040 Residential Tenancies Not Subject to this Chapter. This chapter shall not apply to the following types of residential tenancies or circumstances: A. Single-family Owner-occupied residences, including a mobilehome, in which the Owner- occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. B. A property containing two separate dwelling units within a single structure in which the Owner occupied one of the units as the Owner’s principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. C. A Residential Rental Unit that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: 1. The Owner is not any of the following: a. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. b. A corporation. c. A limited liability company in which at least one member is a corporation. d. Management of a mobilehome park, as defined in Section 798.2 of the Civil Code. 2. The Tenants have been provided written notice that the Residential Rental Unit is exempt 2022/10/25 City Council Post Agenda Page 280 of 407 Ordinance Page 7 from this section using the following statement: “This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to Just Cause requirements of Section 1946.2 of the Civil Code and Chapter 9.65 of the Chula Vista Municipal Code. This property meets the requirements of sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and section 9.65.040(C) of the Chula Vista Municipal Code, and the Owner is not any of the following: (1) a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.” For a Tenancy existing before March 1, 2023, the notice required above may, but is not required to, be provided in the rental agreement. For a Tenancy commenced or renewed on or after March 1, 2023, the notice required above shall be provided in the rental agreement. Addition of a provision containing the notice required above to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of section 9.65.060(B)(5). D. A homeowner in a mobilehome, as defined in Civil Code section 798.9 or a tenancy as defined in Civil Code section 798.12. This chapter shall also not apply to a non-owner Tenant of a mobilehome. Instead, a non-owner Tenant of a mobilehome shall retain the rights stated in the State Tenant Protection Act. E. Transient and tourist hotel occupancy as defined in Civil Code section 1940(b). F. Any residential occupancy by reason of concession, permit, right of access, license or other agreement for a period for 30 consecutive calendar days or less, counting portions of calendar days as full days, including Short-Term Rental occupancies as defined in Chula Vista Municipal Code Chapter 5.68. G. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly as defined in Health and Safety Code section 1569.2, or an adult residential facility as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. H. Residential Property or Dormitories owned by the City, an institution of higher education, or a kindergarten and grades 1 to 12, inclusive. I. Housing accommodations in which the tenant shares a bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Rental Unit. J. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093, or subject to an agreement that provides housing subsidies for affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093 or comparable federal statutes. This exclusion shall not apply toa Tenant with a Section 8 Housing 2022/10/25 City Council Post Agenda Page 281 of 407 Ordinance Page 8 Choice Voucher and such Tenancies shall be governed by this chapter. 9.65.050 Harassment and Retaliation Against Tenant Prohibited. A. No Owner or such Owner's agent, contractor, subcontractor, or employee, alone or in concert with another, shall do any of the following in Bad Faith to a Tenant or with respect to a Residential Rental Unit, as applicable: 1. Interrupt, terminate, or fail to provide Housing Services required by contract or by law, including federal, State, County, or City laws; 2. Fail to perform repairs and maintenance required by contract or by law, including federal, State, County, or City laws; 3. Fail to exercise commercially reasonable efforts and diligence to commence and complete repairs or maintenance; 4. Abuse the Owner's right of lawful access into a Residential Rental Unit. This includes entries for “inspections” that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; 5. Abuse the Tenant with words which are offensive and inherently likely to provoke an immediate violent reaction; 6. Influence or attempt to influence a Tenant to vacate a rental housing unit through fraud, intimidation or coercion; 7. Threaten the Tenant, by word or gesture, with physical harm; 8. Violate any law that prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS, occupancy by a minor child, or any other protected classification; 9. Take action to terminate any Tenancy including service of notice to quit or other eviction notice or bring any action to recover possession of a Residential Rental Unit based upon facts that the Owner has no reasonable cause to believe to be true or upon a legal theory that is untenable under the facts known to the Owner. No Owner shall be liable under this section for bringing an action to recover possession unless or until the Tenant has obtained a favorable termination of that action. This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a Tenant on behalf of an Owner to recover possession of a Residential Rental Unit; 2022/10/25 City Council Post Agenda Page 282 of 407 Ordinance Page 9 10. Interfere with a Tenant's right to quiet use and enjoyment of a Residential Rental Unit as that right is defined by State law; 11. Refuse to accept or acknowledge receipt of a Tenant's lawful rent payment, excluding circumstances where an unlawful detainer or other civil action is pending that could be impacted by acceptance of rent; 12. Interfere with a Tenant's right to privacy. This includes entering or photographing portions of a Residential Rental Unit that are beyond the scope of a lawful entry or inspection. B. No Owner shall retaliate against a Tenant because of the Tenant's exercise of rights under this chapter. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation. C. This section shall not apply to Mobilehome Residency Law (“MRL”) Tenancies under Civil Code section 798.12 or mobilehome Tenants because the provisions of Section 1940.2 of the Civil Code and Division 2, Part 2, Chapter 2.5 of the Civil Code apply to such Tenancies. 9.65.060 Just Cause Required for Termination of Tenancy. A. Prohibition. No Owner of a Residential Rental Unit shall terminate a Tenancy without Just Cause. A Just Cause basis for Termination of Tenancy includes both “At Fault Just Cause” and “No-Fault Just Cause” circumstances as described below. B. At Fault Just Cause. At Fault Just Cause means any of the following: 1.Default in payment of rent. 2.A breach of material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. 3.Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. 4.Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. 5.The Tenant had a written lease that terminated on or after the effective date of this chapter, and after a written request or demand from the Owner, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration wi th similar provisions, provided that those terms do not violate this section or any other provision of law. Addition of a provision allowing the Owner to terminate the Tenancy to allow for occupancy by the Owner or Owner’s Family Member as described in section 9.65.060(C)(1), below, shall constitute a “similar provision” for the purposes of this subsection. 2022/10/25 City Council Post Agenda Page 283 of 407 Ordinance Page 10 6.Criminal activity by the Tenant at the Residential Rental Unit, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the property where the Residential Rental Unit is located, that is directed at any Owner, any agent of the Owner, or any other Tenant of the Residential Rental Unit or of the property where the Residential Rental Unit is located. 7.Assigning or subletting the premises in violation of the Tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. 8.The Tenant’s refusal to allow the Owner to enter the Residential Rental Unit as authorized by Sections 1101.5 and 1954 of the Code of Civil Procedure, and Sections 13113.7 and 17926.1 of the Health and Safety Code. 9.Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. A Tenant shall not be considered to have used the premises for an unlawful purpose solely on the basis of the fact that the Owner’s Residential Rental Unit is unpermitted, illegal, or otherwise unauthorized under applicable laws. 10. The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure. 11. When the Tenant fails to deliver possession of the Residential Rental Unit after providing the Owner written notice as provide in Section 1946 of the Civil Code of the Tenant’s intention to terminate the hiring of the real property or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure. C. No Fault Just Cause. No Fault Just Cause means any of the following: 1.Intent to Occupy by Owner or Family Member. The Tenancy is terminated on the basis that the Owner or Owner’s Family Member intends to occupy the Residential Rental Unit. For leases entered into on or after July 1, 2020, Intent to Occupy by Owner or Family Member shall only be a No Fault Just Cause basis for termination if the Tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the Owner or Family Member unilaterally decides to occupy the residential real property. 2. Compliance with Government or Court Order. The Tenancy is terminated on the basis of the Owner’s compliance with any of the following: a. An order issued by a government agency or court relating to habitability that necessitates vacating the Residential Rental Unit; or 2022/10/25 City Council Post Agenda Page 284 of 407 Ordinance Page 11 b. An order issued by a government agency or court to vacate the Residential Rental Unit; or c. A local ordinance that necessitates vacating the Residential Rental Unit. If it is determined by any government agency or court that the Tenant is at fault for the condition or conditions triggering the order or need to vacate under this subsection, the Tenant shall not be entitled to relocation assistance as set forth in this chapter. 3.Withdrawal From the Rental Market. The Tenancy is terminated on the basis of the Owner’s decision to withdraw the Residential Rental Unit from the rental market. 4.Substantial Remodel or Complete Demolition. The Tenancy is terminated because of the Owner’s decision to Substantially Remodel or completely demolish a Residential Rental Unit. D. Notice to Tenant of Tenant Protection Provisions Required. An Owner of a Residential Rental Unit subject to this chapter shall provide written notice in no less than 12-point type to the Tenant as follows: “California law limits the amount your rent can be increased. See Civil Code section 1947.12 for more information. Local law also provides an Owner must provide a statement of cause in any notice to terminate a Tenancy. In some circumstances, Tenants who are elderly (62 years or older) or disabled may be entitled to additional Tenant protections. See Chula Vista Municipal Code Chapter 9.65 for more information.” For a Tenancy in a Residential Rental Unit subject to this chapter existing before the effective date of this chapter, the notice required above shall be provided to the Tenant directly or as an addendum to the lease or rental agreement no later than March 1, 2023. For a Tenancy in a Residential Rental Unit subject to this chapter commenced or renewed on or after March 1, 2023, the notice required above shall be included as an addendum to the lease or rental agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant. The provision of this notice shall be subject to Civil Code section 1632. E. Reporting Requirements. Owners and Tenants shall provide City with information regarding termination of Tenancies at such time(s) and with such details as shall be required by City in the attendant Administrative Regulations. 9.65.070 Requirements Upon Termination of a Tenancy. A. Requirements Upon Termination of a Tenancy for At Fault Just Cause. Before an Owner of a Residential Rental Unit issues a notice to terminate a Tenancy for At Fault Just Cause that is a curable lease violation, the Owner shall first give written notice of the violation to the Tenant including a description of the violation (or violations) and an opportunity to cure the violation 2022/10/25 City Council Post Agenda Page 285 of 407 Ordinance Page 12 pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy. B. Requirements Upon Termination of a Tenancy for No Fault Just Cause. Upon termination of a Tenancy for No Fault Just Cause, an Owner of a Residential Rental Unit shall provide notice and relocation assistance as follows: 1. Tenancy in Unit in a Residential Rental Complex. When an Owner terminates a Tenancy of a Residential Rental Unit in a Residential Rental Complex for No -Fault Just Cause, the Owner shall provide notice and relocation assistance to the Tenant as follows: a. Notice to Tenant Required. The Owner shall give written notice to the Tenant at least 30 or 60 days prior to the proposed date of termination as required by Civil Code section 1946.1, in no less than 12-point font of: i. Notice of Basis for No Fault Just Cause Termination. The Owner’s decision to terminate the Tenancy and a description of the basis for said termination. ii. Notice of Right to Relocation Assistance. The Tenant’s right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant’s rent, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and iii. Notice of Right to Receive Future Offer. The Tenant’s right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two (2) years of the date the Residential Rental Unit was withdrawn from the rental market, and that to exercise such right, the Tenant: (a) must notify the Owner in writing within thirty (30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; (b) furnish the Owner with an address to which that offer is to be directed; (c) and advise the Owner at any time of a change of address to which an offer is to be directed. b. Notice to City Required. The Owner shall provide written notice to the City of the No Fault Just Cause Termination of Tenancy no later than three business (3) days after the date the Owner provides the required notice to the Tenant. Such notice to City shall be provided on a form approved by City for such purpose and in the manner specified in the attendant Administrative Regulations. The City shall acknowledge receipt of the Owner’s notice to City within three (3) business days of City’s receipt of such notice. 2022/10/25 City Council Post Agenda Page 286 of 407 Ordinance Page 13 c. Relocation Assistance Required. The Owner shall, regardless of the Tenant’s income or length of Tenancy, at the Owner’s option, do one of the following to assist the Tenant to relocate: i. Provide a direct payment to the Tenant in an amount equal to the greater of: two (2) months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, or two (2) months of actual then in effect contract rent under Tenant’s lease. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to the greater of: three (3) months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, or three (3) months of actual contract rent; or ii. Waive in writing and not collect the payment by Tenant of then due or future rent otherwise due under the lease in an amount equivalent to the direct payment described in (i), above.. 2. Tenancy in Unit Not in a Residential Rental Complex. When an Owner terminates a Tenancy of a Residential Rental Unit that is not in a Residential Rental Complex for No- Fault Just Cause, the Owner shall provide notice and relocation assistance to the Tenant as follows: a. Notice to Tenant Required. The Owner shall give written notice to the Tenant at least 30 or 60 days prior to the proposed date of termination as required by Civil Code section 1946.1, in no less than 12-point font of: i. Notice of Basis for No Fault Just Cause Termination. The Owner’s decision to terminate the Tenancy and a description of the basis for said termination. ii. Notice of Right to Relocation Assistance. The Tenant’s right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant’s rent, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and b. Notice to City Required. The Owner shall provide written notice to the City of the No Fault Just Cause Termination of Tenancy no later than three business (3) days after the date the Owner provides the required notice to the Tenant. Such notice to City shall be provided on a form approved by City for such purpose and in the m anner specified in the attendant Administrative Regulations. The City shall acknowledge receipt of the Owner’s notice to City within three (3) business days of City’s receipt of such notice. c. Relocation Assistance Required. The Owner shall, regardless of the Tenant’s income 2022/10/25 City Council Post Agenda Page 287 of 407 Ordinance Page 14 or length of Tenancy, at the Owner’s option, do one of the following to assist the Tenant to relocate: i. Provide a direct payment to the Tenant in an amount equal to one (1) month of actual then in effect contract rent under Tenant’s lease; or ii. Waive in writing and not collect the payment by Tenant of then due or future rent otherwise due under the lease in an amount equivalent to the direct payment described in (i), above. C. Additional Requirements Upon Termination of a Tenancy for No Fault Just Cause. Upon termination of a Tenancy for No Fault Just Cause, the following additional provisions shall also apply: 1. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment of relocation assistance to the Tenants, the Owner may make a single direct payment to all Tenants named on the rental agreement. 2. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant. 3. Any relocation assistance or rent waiver to which a Tenant may be entitled to under this section shall be in addition to and shall not be credited against any other relocation assistance required by any other law. 4. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable by Owner as damages in an action to recover possession. 5. If a Residential Rental Unit in a Residential Rental Complex is offered for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the No Fault Just Cause termination if the Tenant: (a) advised the Owner in writing within thirty (30) days of the termination notice of the Tenant’s desire to consider an offer to renew the Tenancy; and (b) furnished the Owner with an address to which that offer is to be directed. The Owner shall have the right to screen the Tenant using industry accepted methods and shall communicate such minimum screening criteria in the offer for the new Tenancy, subject to the terms of any attendant Administrative Regulations. 6. With regard to termination of a Tenancy of a Residential Rental Unit in a Residential Rental Complex on the basis of a withdrawal of the unit from the rental market, as described in Section 9.65.060(C)(3), should the property that had been taken off the market be placed on the rental market again within two (2) years of the termination of the Tenancy, then the Owner shall be liable to Tenant for the greater of: (i) six (6) month’s rent to the last tenant of the Residential Rental Unit at the rental rate in place at the time the rental unit is re- rented as set forth U.S. Department of Housing and Urban Development’s Small Area Fair 2022/10/25 City Council Post Agenda Page 288 of 407 Ordinance Page 15 Market Rents Amount for the zip code in which the Residential Rental Unit is located; or (ii) six (6) months of actual then in effect contract rent under the Tenant’s lease at time of termination. This section does not apply if the property is rented to Owner’s Family Member, converted to another non-rental use, or otherwise sold or transferred during the two (2) year period. 7. Among other remedies applicable to Owner’s failure to comply with the terms of this chapter, an Owner’s failure to strictly comply with this section shall render the notice of termination void. 9.65.080 Enforcement and Remedies. A. Guiding Principles. The City seeks to promote good relations between Owners and Tenants, and in furtherance of such goal, provides the following guiding principles: 1. Owners and Tenants should treat each other with respect, listen to each other, and make good faith efforts to informally resolve issues. If Owners and Tenants cannot informally resolve issues, alternative dispute resolution and mediation programs should be voluntarily utilized. 2. If disputes are not able to be settled despite the use of dispute resolution or mediation programs, the primary enforcement mechanism is otherwise expected to be the Private Remedies set forth in Section 9.65.080(D) below. 3. The City shall have the sole and unfettered discretion to determine if and when City will engage in City enforcement of this chapter. Owners and Tenants are highly encouraged to independently resolve disputes as set forth in paragraphs 1 and 2 above. B. General Provisions. 1. The enforcement mechanisms and remedies specified in this section are cumulative and in addition to any other enforcement mechanisms and remedies available under federal, State, County, and City law for violation of this chapter or Code. 2. It shall be unlawful for any Person to violate any provision or fail to comply with the requirements of this chapter. Each day that a violation continues is deemed to be a new and separate offense. 3. Any waiver of the rights under this chapter shall be void as contrary to public policy. C. City Attorney Enforcement. 1. Alternative Remedies. The City Attorney may require Owner and Tenant to participate in education programs related to Owner-Tenant issues, mediation, or an alternative dispute resolution program. 2022/10/25 City Council Post Agenda Page 289 of 407 Ordinance Page 16 2. Administrative Citations and Penalties. The City Attorney or an Enforcement Officer may issue administrative citations or civil penalties in accordance with Chapter 1.41 of this Code for violation of any of the provisions of this chapter. Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued. 3. Civil Action. The City, or the City Attorney on behalf of the People of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. The City may also pursue damages as set forth in Section 9.65.070(C)(6). 4. Criminal Violation. An Owner who interferes or facilitates interference with a Tenant’s peaceful enjoyment, use, possession or occupancy of a Residential Rental Unit by (a) threat, fraud, intimidation, coercion, or duress, (b) maintenance or toleration of a public nuisance, (c) cutting off heat, light, water, fuel, Wi-Fi, or free communication by anyone by mail, email, telephone/cell phone, or otherwise, or (d) restricting trade (including the use of delivery services for goods or food) or tradespersons from or to any such Tenant, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. At the sole discretion of the City Attorney, such violation may, in the alternative, be cited and prosecuted as an infraction. 5. Subpoena Authority. The City Attorney shall have the power to issue subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents or other items that may be relevant to the City Attorney’s investigation, enforcement action, or prosecution. The City Attorney may exercise such powers prior to or following the commencement of any civil, criminal, or administrative action to the fullest extent allowed by law. D. Private Remedies. 1. Civil Action. An aggrieved Tenant may institute a civil action for injunctive relief, direct money damages, and any other relief allowed by law, including the assessment of civil penalties in the amount of no less than $2,000 and no more than $5,000 per violation per day. If the aggrieved Tenant is Elderly or Disabled, additional civil penalties of up to $5,000 per violation per day may be assessed at the discretion of the court. A Tenant may also pursue damages as set forth in Section 9.65.070(C)(6). 2. Affirmative Defense. A violation of this chapter may be asserted as an affirmative defense in an unlawful detainer or other civil action. 2022/10/25 City Council Post Agenda Page 290 of 407 Ordinance Page 17 3. Attorney’s Fees. The court may award reasonable attorney’s fees and costs to a party who prevails in any action described in paragraphs 1 and 2 above. 9.65.090 Sunset Clause. This chapter shall remain in effect until January 1, 2030, and as of that date is repealed unless otherwise extended by the City Council. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force beginning March 1, 2023. Section VI. 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 _____________________________________ ____________________________________ Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/10/25 City Council Post Agenda Page 291 of 407 City of Chula Vista Tenants and Landlords Survey 2022/10/25 City Council Post Agenda Page 292 of 407 Whom Did We Survey? 2 2022/10/25 City Council Post Agenda Page 293 of 407 3 Research Methodology Length of Interview 5 -8 minutes Target Audience Tenants •Must live in Chula Vista •Must rent their primary residence Landlords •Owned property in Chula Vista that they rented out to others Sample Size N = 271 Tenant Respondents N = 89 Landlord Respondents who rent out 116 separate units Luth hosted the survey which was offered in both English and Spanish. Luth sent out email invites to panelists on the SurveySavvy panel who live in one of the Chula Vista zip codes. The City of Chula Vista and partners used mass emails, newsletters, website postings and social media to send survey links to residents and landlords in Chula Vista. Survey fielding occurred from July 6 –July 26, 2022 3 2022/10/25 City Council Post Agenda Page 294 of 407 Tenant Results 4 2022/10/25 City Council Post Agenda Page 295 of 407 5 The majority of tenant respondents are in the 91910 and 91911 zip codes. Zip Codes QS3A: What zip code is the home or apartment you are currently renting? Tenants 100% 5% 41% 26% 17% 2%8% Total 91902 91910 91911 91913 91914 91915 Total n=271 Tenant Respondents 91910 91911 91914 91915 91902 91913 2022/10/25 City Council Post Agenda Page 296 of 407 6 Single Family Detached Homes are the most common dwelling type rented in the 91902, 91914 and 91915 zip codes. For the remaining zip codes, a rental complex with 11 or more units are the most common dwelling type. Condo rentals are found more in the 91914 and 91915 zip codes. Type of Dwelling Rented Tenants QR1: What type of property are you currently renting in Chula Vista? Total 91902 91910 91911 91913 91914 91915 Base:271 13 112 71 47 6 22 Single Family Detached House 25%31%25%20%28%33%36% ADU (that is an Accessory Dwelling Unit) of a Single Family House 1%2%5% Duplex 9%8%13%8%6% Rental complex with 3-5 units 8%15%8%13%4%17% Rental complex with 6-10 units 10%15%10%13%9% Rental complex with 11 or more units 37%23%33%44%43%17%36% Condominium 9%8%9%3%11%33%23% 2022/10/25 City Council Post Agenda Page 297 of 407 7 Only one in ten tenant respondents are renting a property that the owner also lives on. Owner Occupied Tenants 10% 23% 7% 17% 4% 17% 9% Total 91902 91910 91911 91913 91914 91915 Zip Code of Property QR2: Does the owner also live on the property? 10%12% 67% 8% 26% 8%7%4% Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Dwelling Type Base:271 13 112 71 47 6 22 Base:271 69 3 25 23 26 100 25 2022/10/25 City Council Post Agenda Page 298 of 407 8 Only one in ten tenant respondents are renting a property that the owner also lives on. Owner Occupied Tenants 10% 23% 7% 17% 4% 17% 9% Total 91902 91910 91911 91913 91914 91915 Zip Code of Property QR2: Does the owner also live on the property? 10%12% 67% 8% Total Single Family ADU Duplex Dwelling Type Base:271 13 112 71 47 6 22 Base:271 69 3 25 2022/10/25 City Council Post Agenda Page 299 of 407 9 Nearly one in five tenant respondents have been in the property ten years or longer. Length of Time Lived in Residence by Zip Code Tenants QR3: How long have you lived in this residence? Total 91902 91910 91911 91913 91914 91915 Base:271 13 112 71 47 6 22 Less than 12 months 7%3%4%17%17%23% 1 –2 years 10%8%11%10%13% 2 –3 years 15%31%13%11%21%17%14% 3 –5 years 22%23%21%18%30%17%23% 5 –10 years 28%31%30%34%9%50%36% 10 years or more 18%8%22%23%11%5% Overall average length of tenancy in years 5.8 4.5 6.7 6.7 3.6 3.3 4.0 Overall median length of tenancy in years 4.0 3.0 5.0 5.0 2.0 4.0 4.0 2022/10/25 City Council Post Agenda Page 300 of 407 10 Single Family Homes, duplexes and smaller 3 to 5 unit buildings have tenant respondents who have lived in them longer. Length of Time Lived in Residence by Unit Type Tenants QR3: How long have you lived in this residence? Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 69 3 25 23 26 100 25 Less than 1 year 7%6%33%4%9%4%10%4% 1 –2 years 10%7%8%9%4%13%12% 2 –3 years 15%9%8%13%15%18%28% 3 –5 years 22%13%67%28%26%38%21%20% 5 –10 years 28%41%24%13%23%25%36% 10 years or more 18%25%28%30%15%13% Overall average length of tenancy in years 5.8 7.2 2.3 7.0 6.7 5.8 4.8 3.8 Overall median length of tenancy in years 4.0 6.0 3.0 5.0 4.0 3.0 3.0 3.0 2022/10/25 City Council Post Agenda Page 301 of 407 11 Nearly one-half of tenant respondents are renting two- bedroom units and one in three are renting three-bedroom units. Total number of Units and % by Bedroom Count Tenants Total 91902 91910 91911 91913 91914 91915 Base:271 13 112 71 47 6 22 One 16%15%18%14%15%17%18% Two 47%38%49%63%38%17%14% Three 29%38%26%20%34%50%55% Four or more 8%8%7%3%13%17%14% QR4: How many bedrooms do you have? Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 69 3 25 23 26 100 25 One 16%4%67%4%30%19%25%4% Two 47%17%68%43%69%59%44% Three 29%52%33%16%26%12%16%52% Four or more 8%26%12% 2022/10/25 City Council Post Agenda Page 302 of 407 12 Rent Paid Tenants Total 91902 91910 91911 91913 91914 91915 Base:271 13 112 71 47 6 22 One Bedroom $1482.7 $1200.0 $1292.8 $1338.0 $1873.4 $2260.0 $2057.0 Two Bedrooms $1985.9 $2345.0 $1903.7 $1839.0 $2405.8 $2000.0 $2575.0 Three Bedrooms $2368.7 $2585.0 $2213.1 $2041.4 $2722.1 $2166.7 $2615.8 Four or more Bedrooms $3332.0 $3950.0 $3006.3 $3599.0 $3200.0 $4000.0 $3858.3 QR5: What is your current rent amount? Total 91902 91910 91911 91913 91914 91915 Base:271 13 112 71 47 6 22 $1,000 or less 4%8%4%8% $1,001 to $1,499 11%14%14%4%5% $1,500 to $1,999 29%15%38%35%13%18% $2,000 to $2,499 26%38%26%25%28%67%9% $2,500 to $2,999 17%15%12%14%28%17%32% $3,000 or more 13%23%7%3%28%17%36% Rent Paid Average Rent Paid by Size Over one-half of tenant respondents are paying between $1,500 and $2,500 monthly for rent. The average rent paid for a 1 bedroom in Chula Vista is just under $1,500, it is just under $2,000 for a 2 bedroom and nearly $2,400 for a 3 bedroom rental. 2022/10/25 City Council Post Agenda Page 303 of 407 13 One in five tenant respondents in small buildings are paying less than $1,000 per month for rent. Renters of Single Family Homes and Condos are paying the most for rent. Rent Paid Tenants Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 69 3 25 23 26 100 25 One Bedroom $1482.7 $1266.3 $1600.0 $1675.0 $1354.3 $1395.0 $1548.3 $1400.0 Two Bedrooms $1985.9 $2158.3 -$1970.3 $1732.9 $1873.1 $1956.7 $2393.2 Three Bedrooms $2368.7 $2448.0 $3200.0 $2200.0 $1912.0 $1891.7 $2350.2 $2480.8 Four or more Bedrooms $3332.0 $3376.3 -$3066.7 ---- QR5: What is your current rent amount? Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 69 3 25 23 26 100 25 $1,000 or less 4%3%22%4%3% $1,001 to $1,499 11%1%4%9%23%17%8% $1,500 to $1,999 29%12%67%56%30%31%39%4% $2,000 to $2,499 26%30%12%26%38%20%44% $2,500 to $2,999 17%26%12%13%4%14%28% $3,000 or more 13%28%33%16%7%16% Rent Paid Average Rent Paid by Size 2022/10/25 City Council Post Agenda Page 304 of 407 14 41% of tenant respondents have received a rent increase for 2022. One in three tenant respondents have never had a rent increase. Rent increases are averaging $180 per month for 2022. Rent Increase Tenants Total 91902 91910 91911 91913 91914 91915 Base:271 13 112 71 47 6 22 In 2022 41%23%42%49%38%32% In 2021 20%27%21%13%18% 2020 or Before 8%23%10%4%4%50% Never had an increase 31%54%21%25%45%50%50% Total 91902 91910 91911 91913 91914 91915 Base: Had a rent increase 188 6 89 53 26 3 11 $50 or less 18%50%22%9%12%33%9% $51 to $99 9%17%8%8%15% $100 to $149 34%17%35%45%15%27% $150 to $199 13%15%13%12%9% $200 or more 28%17%20%25%46%67%55% Mean increase 180.9 84.2 199.3 133.5 222.8 175.0 215.0 Date of Last Increase Amount of Rent Increase QR6: When was your most recent rent increase? QR7: By how much did your rent increase? 2022/10/25 City Council Post Agenda Page 305 of 407 15 Tenant respondents in larger buildings are much more likely to have received a rent increase in 2022 but the increases are smaller than average. Rent Increase Tenants Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 69 3 25 23 26 100 25 In 2022 41%35%33%32%35%31%54%28% In 2021 20%17%36%17%19%19%24% 2020 or Before 8%7%8%18%23%2% Never had an increase 31%41%67%24%30%27%22%44% Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base: Had a rent increase 41 1 19 16 19 78 14 41 $50 or less 18%10%26%19%47%15% $51 to $99 9%2%100%5%6%5%14% $100 to $149 34%29%47%31%26%36%29% $150 to $199 13%27%5%13%10%14% $200 or more 28%32%16%31%21%24%57% Mean increase 180.9 190.7 75.0 263.9 137.8 185.7 162.7 190.7 Date of Last Increase Amount of Rent Increase QR6: When was your most recent rent increase? QR7: By how much did your rent increase? 2022/10/25 City Council Post Agenda Page 306 of 407 16 One in ten Chula Vista tenant respondents say they have received an eviction notice or a termination of tenancy in the past three months. Received a Termination of Tenancy Notice Tenants 26 0 11 8 3 0 4 Total 91902 91910 91911 91913 91914 91915 28 3 1 1 3 3 11 4 Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 13 112 71 47 6 22 Base:271 69 3 25 23 26 100 25 QR8: Have you received a termination of tenancy or an eviction notice in Chula Vista in the past three months? 2022/10/25 City Council Post Agenda Page 307 of 407 17 One in ten Chula Vista tenant respondents say they have received an eviction notice or a termination of tenancy in the past three months. Received a Termination of Tenancy Notice Tenants 26 0 11 8 3 0 4 11 0 9 1 0 0 1 Total 91902 91910 91911 91913 91914 91915 Total ACCE 26 3 1 1 3 3 11 4 11 1 0 0 1 1 4 4 Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 13 112 71 47 6 22 Base:271 69 3 25 23 26 100 25 QR8: Have you received a termination of tenancy or an eviction notice in Chula Vista in the past three months? QR10: Do you belong to any of the following organizations? 2022/10/25 City Council Post Agenda Page 308 of 407 18 The primary reason for an eviction notice is for non-payment of rent, however, many have also received notices due to the owner or family moving in and substantial rehabilitation. Reason for Eviction Tenants 1 1 1 1 2 2 2 3 5 8 Failure to deliver possession Demolition of property Nuisance Refusal of entry to landlord Failure to vacate Covid-related Removal from rental market Substantial rehabilitation Owner or family moved in Non-payment of rent Number of Respondents QR9: Why did you receive a termination of tenancy or an eviction notice? (multiple responses) Total n=271 Tenant Respondents; actual number of respondents shown in table 2022/10/25 City Council Post Agenda Page 309 of 407 19 The primary reason for an eviction notice is for non-payment of rent, however, many have also received notices due to the owner or family moving in and substantial rehabilitation. Reason for Eviction Tenants 1 0 1 0 0 0 1 3 4 2 1 1 1 1 2 2 2 3 5 8 Failure to deliver possession Demolition of property Nuisance Refusal of entry to landlord Failure to vacate Covid-related Removal from rental market Substantial rehabilitation Owner or family moved in Non-payment of rent Number of Respondents Total ACCE QR9: Why did you receive a termination of tenancy or an eviction notice? (multiple responses) Total n=271 Tenant Respondents; actual number of respondents shown in table 2022/10/25 City Council Post Agenda Page 310 of 407 20 Around one in ten tenants belong to the Alliance of Californians for Community Empowerment (ACCE) and slightly fewer belong to San Diego Tenants Unite/Tenants Together. Organizations Joined Tenants 10%8%12%13% 2% 17% 5%8% 23% 8%10% 2% 17% 5% Total 91902 91910 91911 91913 91914 91915 ACCE SDTU/SDTT Base:271 13 112 71 47 6 22 QR10: Do you belong to any of the following organizations? 2022/10/25 City Council Post Agenda Page 311 of 407 Landlord Results 21 2022/10/25 City Council Post Agenda Page 312 of 407 22 Zip Codes and Dwelling Type of Rentals 100% 7% 62% 36% 12%9%4% Total 91902 91910 91911 91913 91914 91915 100% 79% 7%20%13%10%16%18% Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base: Landlords = 89 Landlords QL1:Which of the following zip codes below are your properties in? (Multiple responses accepted)2022/10/25 City Council Post Agenda Page 313 of 407 23 Single Family Homes Landlords 1% 2% 3% 4% 18% 71% 6 5 4 3 2 1 Number Owned 3% 7% 10% 29% 44% 7% 91915 91914 91913 91911 91910 91902 Zip Codes Base: Landlords = 70 Base: SFH Units = 89 10% 36% 54% Property Mgr Owner Property Manager Owner/Not a Property Mgr Managed By Base: SFH Units = 89 QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted)2022/10/25 City Council Post Agenda Page 314 of 407 24 ADU Landlords 17% 83% 2 1 Number Owned 17% 0% 0% 17% 67% 0% 91915 91914 91913 91911 91910 91902 Zip Codes Base: Landlords = 6 Base: ADU Units = 7 14% 57% 29% Property Mgr Owner Property Manager Owner/Not a Property Mgr Managed By Base: ADU Units = 7 4 3 Base: ADU Units = 7 Live at property Do Not live at property QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted) QL3: Continue to think about the properties you lease in the _____ area? Do you also live at f the following property? (Singl e response) 2022/10/25 City Council Post Agenda Page 315 of 407 25 DUPLEX Landlords 5% 0% 5% 19% 71% 5 4 3 2 1 Number Owned 0% 0% 0% 13% 47% 3% 91915 91914 91913 91911 91910 91902 Zip Codes Base: Landlords = 11 Base: Duplex Units = 21 14% 38% 48% Property Mgr Owner Property Manager Owner/Not a Property Mgr Managed By Base: Duplex Units = 21 18 3 Base: Duplex Units = 30 Live at property Do Not live at propertyQL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted) QL3: Continue to think about the properties you lease in the _____ area? Do you also live at f the following property? (Singl e response) 2022/10/25 City Council Post Agenda Page 316 of 407 26 Total 3+ Units Landlords 26% 12% 62% 3+ 2 1 Number Owned 2% 8% 8% 31% 40% 8% 91915 91914 91913 91911 91910 91902 Zip Codes Base: Landlords = 34 Base: 3-5 unit Units = 48 23% 38% 40% Property Mgr Owner Property Manager Owner/Not a Property Mgr Managed By Base: 3-5 Units Units = 48 QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted)2022/10/25 City Council Post Agenda Page 317 of 407 27 Complex with 3-5 Units Landlords 31% 15% 54% 3 2 1 Number Owned 0% 7% 7% 27% 53% 7% 91915 91914 91913 91911 91910 91902 Zip Codes Base: Landlords = 11 Base: 3-5 unit Units = 13 8% 31% 62% Property Mgr Owner Property Manager Owner/Not a Property Mgr Managed By Base: 3-5 Units Units = 13 QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted)2022/10/25 City Council Post Agenda Page 318 of 407 28 Complex with 6-10 Units Landlords 22% 78% 4 1 Number Owned 0% 8% 17% 42% 33% 8% 91915 91914 91913 91911 91910 91902 Zip Codes Base: Landlords = 9 Base: 6-10 Units = 10 30% 40% 30% Property Mgr Owner Property Manager Owner/Not a Property Mgr Managed By Base: 6-10 Units = 10 QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted)2022/10/25 City Council Post Agenda Page 319 of 407 29 Complex with 11 or more Units Landlords 7% 13% 13% 69% 5 3 2 1 Number Owned 5% 10% 10% 30% 35% 10% 91915 91914 91913 91911 91910 91902 Zip Codes Base: Landlords = 14 Base: 11+ Units = 17 24% 47% 29% Property Mgr Owner Property Manager Owner/Not a Property Mgr Managed By Base: 11+ Units = 17 QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted)2022/10/25 City Council Post Agenda Page 320 of 407 30 Termination of Tenancy Notices Total SFD/ Duplex 3+ Units Base: Total Number of Units 157 117 40 Removal from rental market 17 10 7 Demolition of property 12 6 6 Substantial rehabilitation 22 10 12 Government order 9 4 5 Owner or family move-in 15 7 8 Landlords QL6: Have delivered any termination of tenancy notices in the _____ area in the past three months for any of the following no-fault evictions? Actual Number of No-Fault Evictions Reported Eviction Process QL7: Did you provide tenants with any of the following? (multiple responses accepted) Total SFD/ Duplex 3+ Units Base:# of No-Fault Eviction Units 34 20 14 Cash for Keys 10 5 5 Assistance in locating to another rental unit 7 4 3 Moving assistance (physical)5 3 2 Relocation assistance (financial) 13 8 5 Other 0 0 0 None of the Above 10 6 4 Actual Number Provided for No-Fault Evictions 2022/10/25 City Council Post Agenda Page 321 of 407 31 Number of Residents Affected by No-Fault Eviction Total SFD/ Duplex 3+ Units Removal from rental market Number of Units Removed 17 10 7 Number of Residents Affected 111 50 61 Demolition of property Number of Units Removed 12 6 6 Number of Residents Affected 80 29 51 Substantial rehabilitation Number of Units Removed 22 10 12 Number of Residents Affected 125 46 79 Government order Number of Units Removed 9 4 5 Number of Residents Affected 15 10 5 Owner or family move-in Number of Units Removed 15 7 8 Number of Residents Affected 74 35 39 Landlords Actual Number of Residents Affected QL6: If yes, how many residents were affected?2022/10/25 City Council Post Agenda Page 322 of 407 32 Awareness of State Law AB1482 Total SFD Owner Managed 3+ Units Base:89 44 34 Yes 65%59%86% No 35%41%14% Landlords QL8: Are you aware that as a landlord of any type of property, you must provide specific notification about State Law AB1482?(Landlord respondents can be both SFD Owner Managed and Own 3+ Units) 2022/10/25 City Council Post Agenda Page 323 of 407 33 Membership Total 91902 91910 91911 91913 91914 91915 Base:89 6 55 32 11 8 4 California Apartment Association (CAA) 11%33%15%6% Pacific Southwest Association of REALTORS (PSAR) 9%17%7%9%13%50% San Diego Association of REALTORS (SDAR) 9%33%4%9%13%25% Southern California Rental Housing Association (SDRHA) 10%17%7%25% Other 4%5%6% Landlords 2022/10/25 City Council Post Agenda Page 324 of 407 ATTACHMENT 2 RESIDENTIAL LANDLORD & TENANT PROVISIONS STAKEHOLDER MEETING NOTES June 2, 2022 10:00AM-11:30AM City of Chula Vista City Hall, Building A - Executive Suite 103 Introductions/Attendees Stacey Kurz, City of Chula Vista, Housing Manager Anne Steinberg, City of Chula Vista, Communications Manager Gabriela Dow, City Consultant, NV5 Melanie Woods, CAA Jeremy Sine, SDAR Gil Vera, Legal Aid Silvia Saldivar, ACCE Jose Lopez, ACCE George Ching, PSAR Chun Che Free, CSA San Diego Rich D’Ascoli, PSAR Danielle Tailleart, Legal Aid Update from Housing Staff 10:10 to 10:20AM - Last meeting was May 17 and Council was presented with two options: 1) draft ordinance for adoption; or 2) city moratorium for no fault evictions. Council directed staff to continue working with stakeholders and bring back an ordinance for consideration. - Everyone was very clear for all parties that there was a need for better education reach for both landlords and tenants. - Reason for the additional resources to CSA San Diego. - Brought on NV-5 to help with the ordinance and education. Goals for today: - Review Survey - Want to survey single family homeowners on what they know about landlord/tenant rights/responsibilities right now – staff suspect many are not aware of current state law requirements. - Develop long term campaigns on local and state laws to education the public, including: - Landlord 101 trainings for single family homeowners. 2022/10/25 City Council Post Agenda Page 325 of 407 ATTACHMENT 2 - City & non-profit staff, once currently scheduled for late July (postponed and held 9/28/22). - Continue to track trends and research to stay current on changing regulations and needs. Assessment of Community/Organizational Assets 10:20 to 10:50AM Question from the city to all of the stakeholders: What are we currently doing to teach the public? What are we planning to do to teach the public and are we going to collaborate with others to reach the goals? (Summary from each participant at table below ). Legal Aid: - Has a FAQ in both Spanish and English on eviction moratoriums and the rights and responsibilities of tenants/landlords - Has a handout for AB 2179 and AB 1482 on their website - Works with refugee organizations in SD, El Cajon, Arabic , Somalia, Farsi - Has done outreach to landlords - mostly done by email about County section 8 training and fair housing - Has printed materials like brochures in English, Spanish, Vietnamese, Farsi and are put in libraries or office ACCE: - Has weekly know your rights training - created by legal aid - Has recurring zoom meetings weekly - Does door to door flyers - Works with housinghelpSDmonth - Information on legal providers and resources - Has information of programs expiring to let people know - SD eviction collaborative - Has had a few presentations in person about once a month in both Spanish and English - Helps tenants self-assert and establishes relationships with them. They encourage people to share personal testimonies and claim that it is effective to hear these stores because it motivates others - Outreach to landlords: don’t be the landlord who messes up due to ignorance of the law or other and loses a lot of legal funds because of it. Communicate potential costs for an attorney. - Legal Aid states to have an attorney before serving an eviction notice - Legal aid sends people to the CA Bar Association to provide some lawyers and legal advice 2022/10/25 City Council Post Agenda Page 326 of 407 ATTACHMENT 2 PSAR: - Has on call lawyers to help people with counseling - Educates property managers and advises realtors - Collaborates with CSA San Diego to have regular fair housing workshops. Works with Monica Lopez at CSA San Diego - Has a blog, social media accounts (most use Facebook about 80% for the older demographic, average age is 55 years old, but Instagram is used for the younger demographic), YouTube channel, texting, etc. - Has about 40-50 FAQs on landlord/tenant relationships on their website - Has federal to state to local refers to attorney - ADA issues - federal and state laws - Hosts 3 property managers training a year with certified property managers - Work with conflict resolution (National Conflict Resolution Center incorp services) to help with mediation - Has mandatory mediations where the county subsidizes them, BUT still needs better advertising - Has community mediation NCRC - This program helps reach resolutions without going to court and is especially helpful in low cost issues - Online streams for fair housing workshops CSA San Diego: - Has an agency database of cases? - Outreach on tenant/landlord issues to let both know their rights and responsibilities - Has an outreach program with the outreach coordinator - Collaborates with other agencies that work with tenants and landlords - Housing counselors do follow ups - Has a hotline with a free toll number - Has languages in English, Spanish, Arabic - Has about 3000 cases a year - Works in the entire city of San Diego CA Apartment Association: - Has industry insights - Has fact sheets based on jurisdiction 2022/10/25 City Council Post Agenda Page 327 of 407 ATTACHMENT 2 - Has webinars - Call # for landlords - Has a vendor database for legal services - Has a chat function - Only has these resources for memberships SDAR: - Requires membership - Information for owners and realtor agents Data Collection 10:50 to 11:20AM - How many times do people call? Track by unique calls - Household demographics (race, ethnicity, sex, veteran, disability, etc.) - Criminal allegation/records - How much do tenants/landlords already know their rights - Ask if people have been harassed and if it was told to the DA (harassment in terms of legal harassment not oh this person emails me a lot), What was the harassment? - Nature of complaint: harassment? Discrimination? - Requesting the # of evictions within the last 10 years - For landlords: if they remodeled the place, and what was the scope - For tenants: did you send a reasonable accommodation request? Do you know what a reasonable accommodation request is? - How much income goes to rent? - For Landlords: reasons to remodel, Did you obtain a permit? - For complexes/apartments: do they have any code violations - For tenants: did you contact the landlord with issues? If not, why? Afraid of retaliation? - Reasons for evictions - Landlords provides copies of notices (from evictions to rent hikes) to CSA San Diego - Require eviction notice to be provided to the city - Request from court # of evictions - Notify city when property to be sold - How was the eviction notice served (online, oral, etc) - Track rental increases - City requirement for landlord to provide info - Ask tenants how rent was increased Mechanisms for collecting data is not in place right now 2022/10/25 City Council Post Agenda Page 328 of 407 ATTACHMENT 2 Wrap Up & Next Steps 11:20 to 11:30AM -Chula Vista Housing Division Comment Cards (provided to meeting attendees) Participants were provided with the opportunity to submit handwritten comments. o “Thank you for facilitating” o “It would be helpful to know exactly what CSA is collecting now to see what else should be collected” o “I think these meeting have produced excellent outcomes & changes. I think the city is heading in the right direction to balance opposing positions. – Jeremy Sine” -Emailed Comments (received after meeting) Molly Kirkland, Southern California Rental Housing Association was unable to join but submitted comments on the agenda. In terms of what my organization can provide: - Outreach to property owners and managers/management companies, both members and non-members. o Via our emails newsletters, website, public relations, social media and magazine. o Can also share information at classes and major events, such as our Trade Show. - Ability to share tenant facing information with members who can then share with their residents. (i.e. information flyers that housing providers can post or put in community newsletter) - Willing to host/co-host community/educational forums/webinars. We’ve done this with CSA is the past. Data Collection: - If tenant initiates contact, what you have listed is fine but I might also suggest… o Make sure when the documentation is received, the date of service and the date of termination are noted. (Many housing providers issue a “60-day notice” but with a termination date that is further out than 60 days. Legally, w hichever is later takes precedent. It’s important to know if housing providers are opting to provider residents with more time.) o Was relocation offered/provided? How much? (some housing providers offer more) o Is this the first Notice of Termination received? ▪ If no, explain. (quite often the housing provider has already given the resident extra time. They will rescind notices or re-notice with a later 2022/10/25 City Council Post Agenda Page 329 of 407 ATTACHMENT 2 termination date. Again, it’s important to quantify that not everyone is simply getting a 60-day.) o Follow up details (was housing provider contacted? Legal Aid? Other?) o What was the situation of the housing provider? (are they selling due to a military relocation, financial hardship? For substantial remodel, how old in the property? Last time it had major updates?) o Was the case referred to mediation? Were the parties amendable? Detail outcomes, including refusal to participate, etc. o If anything, criminal was alleged, was the case referred to the City or DA? It’s important that more than just calls and reasons for the calls are collected. There are always more details to the story. A fair and balanced data collection is the only way to get a true picture of the environment as a whole. Otherwise, we are back where we started. With regard to collection of housing provider information, I know that some do call CSA for advice, but I imagine tenant calls are predominant. If a housing provider calls, they should not have to provide information about the entire property unless that is the question they have or reason they are calling. If it’s only about a single unit, only information about the unit should be asked of the provider. Some of the questions above could apply here too. 2022/10/25 City Council Post Agenda Page 330 of 407 RESIDENTIAL LANDLORD & TENANT PROVISIONS STAKEHOLDER MEETING NOTES July 13, 2022 2:00PM-3:30PM City of Chula Vista City Hall, Building A - Executive Suite 103 Introductions/Attendees Stacey Kurz, City of Chula Vista, Housing Manager Anne Steinberg, City of Chula Vista, Communications Manager Gabriela Dow, City Consultant, NV5 Melanie Woods, CAA Jeremy Sine, SDAR Gil Vera, Legal Aid Robert Mansouri, Legal Aid Silvia Saldivar, ACCE Gabriel Guzman, ACCE Rich D’Ascoli, PSAR Olivia Galvez, SCRHA Update from Housing Staff 2:10 to 3:00PM Landlord & Tenant Survey Staff provided an overview of the Landlord & Tenant Survey that is currently out for completion to get a better understanding of recent market trends within the City by all property types. A specific question around noticing requirements for AB1482 was included. Follow up items: • City will provide a dropbox link to all of the marketing materials and the full survey for stakeholders. Request they use the marketing materials and survey link to email their members, post on social media, etc. • Staff will also follow up with the target sample size after the meeting. Overview of Changes to Ordinance Staff provided an overview of the comments that were heard at the May 17th Council meeting and provided how staff is being responsive, as follows: • Assess resources ongoing for Tenant/Landlord - Reorganize Housing Dept. – more resources; tenant/landlord issues; housing navigation – back to Council Aug. or Sept. 2022/10/25 City Council Post Agenda Page 331 of 407 • Develop outreach plan – how will we educate community. How quickly educate re: ordinance and ongoing. • Data collection – City take a closer look at what data will be maintained at City and CSA. o Ordinance to add data collection requirements. Landlord to report termination action to city. ▪ (Section 8 requires same day reporting when tenant is terminating). ▪ Some felt same business day or at same time language is too restrictive and may not be feasible. Three business days was proposed and all in attendance agreed that would be more suitable. ▪ Questions on how it will be submitted. Should have a variety of w ays: email, web form, paper, etc. o Mandatory cover sheet will be added to city requirement, from landlord with basic demographic info about number issued, how many vacancies remain, contact info for owner. ▪ Some suggested it would be better to have submittal requirements rather than a cover sheet. ▪ Suggest City be required to provide confirmation via email. • City developing administrative guidelines to include process around enforcement and voluntary form for residents when noticed (to make them aware of possible resources). • Long-term tenancy – Relocation, benefits, impact same for tenants no matter time in housing, and therefore ordinance updated for relocation benefits on day one of tenancy. o Relocation benefits: Demo, removal from market, substantial rehab - 2 months rent or 3 months rent disabled or elderly. Greater of the contracted rent or SAFMR (by zip code). • Any return to unit – requalification based on industry standards. First right refusal for tenant – but they have to qualify. o Clarify “industry standard” What is the bare minimum to rent unit? o Noticing period for requalification? Written as 30 days from landlord notice of available unit. • Government or court order (eminent domain) or family move-in relocation one-month rent. o Consider uninhabitable violations? Hazard issue? • Tenancy definitions - were already clarified in last version of ordinance. Comments from attendees: • Harassment issue should potentially be separated from ordinance and should also address both landlord and tenant need protections, clear definition of harassment, two tenants harassing each other. Additional input: 2022/10/25 City Council Post Agenda Page 332 of 407 o Focus on bad landlords and those who don’t know laws/regulations. o Tenant and landlord remedies. o Add protections for landlord (harassment). Education & Outreach 3:00 to 3:30PM Assuming the Ordinance is adopted and effective October 1, how do we educate and inform community? (group discussion) • Use common language – decide Tenants? Renters? • Standardize information • Survey responses (add notification option to sign up to get updates) • Additional information for stakeholders. • How do we work together so we all have the same understanding? How can landlords and tenants get feedback or information? • How to receive information and keep meeting? • How long to keep meeting? Check in meeting. • Send notice to City employees. • How is data to be used? Need to consider privacy and anonymized. How will it be shared? Add privacy info. • Contact those on Boards/Commissions. • Constant Contact email database. • Send info to landlord or tenant attorneys? • First right of refusal notification requirements for renting remodeled unit s. 2022/10/25 City Council Post Agenda Page 333 of 407 RESIDENTIAL LANDLORD & TENANT PROVISIONS STAKEHOLDER MEETING NOTES Monday, August 22, 2022 1:30 - 3:00 p.m. Chula Vista City Hall, Building A – City Manager’s Conference Room #124 (In-Person and Virtual via Teams provided) Introductions/Attendees In-person: Stacey Kurz, City of Chula Vista, Housing Manager Anne Steinberg, City of Chula Vista, Communications Manager Mark Barnard, Management Analyst Gabriela Dow, City Consultant, Ardurra Melanie Woods, CAA Jeremy Sine, SDAR Gil Vera, Legal Aid Silvia Saldivar, ACCE Jose Lopez, ACCE Rich D’Ascoli, PSAR Olivia Galvez, SCRHA BIA Virtually: Simon Silva, Deputy City Attorney Leah Simon-Weisberg, Legal Director ACCE Institute Updates from Housing Staff & Stakeholders Staff provided a quick summary of the Landlord & Tenant Survey results indicating that responses were received from 89 landlords and 277 tenants. The major item of note was the average rents reported were lower than the HUD Small Area Fair Market Rents. Draft Residential Landlord & Tenant Ordinance Staff provided an overview of the restructuring of the document by outlining the table of contents in the Ordinance. They further provided an update on the main issues raised at the May 17th Council meeting and how they had been addressed in the latest version of the ordinance. Comments from participants during run through of ordinance or via email after: 2022/10/25 City Council Post Agenda Page 334 of 407 Section 9.65.030 Definitions - “Housing Service”: • The way this is written seems to indicate that all these things are automatically a right. Some are under the law. However, many aren’t and tenants might think they automatically get parking, can have as many people in the unit as they want, or can have a pet, etc. • Suggest revising to refer to the existing requirements in state law and “and any other benefits explicitly agreed upon in the rental agreement.” That would capture things like parking and pets, if allowed. Here is a link to the state handbook, page 48 is where the habitability/housing provider requirements list starts: https://wFhousww.courts.ca.gov/documents/California-Tenants- Guide.pdf • There may be other ways to alter so it doesn’t imply all those things are rights simply based on “use or occupancy.” Section 9.65.030 Definitions - “Owner”: • “…and includes a predecessor in interest to the owner.” Can you explain what this pertains to and is trying to accomplish? Section 9.65.040 Tenancies Not Subject – C.2: • MRL tenancies need the exemption notice as well? Guessing the city requires us to notice of the rent control ordinance so is the city looking for an additional notice of exemption? Mobilehomes are clearly exempt from the definition of “Residential Rental Unit” and the chapter but want clarity on the city’s intentions on the noticing. • Clarify whether you need to provide notice if you do not renew the lease. State law may have had a 30-day notice requirement from implementation. Section 9.65.040 Tenancies Not Subject – F: • Is this to account specifically for the City’s Short-Term rental ordinance? Just curious how it differs from the existing state law exemption for “Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.” Section 9.65.050 Harassment & Retaliation – 11: • Concerned that this could create issues for someone already involved in an Unlawful Detainer. Counsel usually recommends that rent not be accepted once a case is filed, especially partial rent. If one accepts partial rent, then they would have to start the process all over. Starting with the 3- day to pay or quit, refile the case, so on and so forth. It hardly seems fair to turn that practice into something that a tenant can use to weaponize a harassment complaint. • Perhaps this could be re-worded: Refuse to acknowledge receipt of a Tenant's lawful rent payment; excluding situations where an Unlawful Detainer or other civil suit is pending that could be impacted by the acceptance of rent. Section 9.65.060 Just Cause – 2: • Identify time period of 30 days. 2022/10/25 City Council Post Agenda Page 335 of 407 Section 9.65.060 Just Cause – 10: • Define using Los Angeles. Concern about application to tenants/agents that are receiving a discount on rent. Define as 100% housing compensation without paying rent. o Suggest caution. The state requires a resident manager in a complex with 16 or more units. The requirement to have them as employees is complicated and costly. Even if they only work a few hours a week, they are classified as employees meaning the owner has to pay work comp, etc. And while the “free apartment” was mentioned, the owner/manager still has to track hours and make sure they are properly crediting the minimum wage against any credit. If a resident manager is having their employment agreement terminated and therefore their tenancy, it is likely because they failed to perform their duties as defined. Hence it being an at-fault cause. I looked at the LA ordinance and there are quite a few limitations on the applicability of protections for resident managers. It’s also a rent control jurisdiction. Section 9.65.070 Requirements upon Termination – B.1.c: • Clarify that relocation is required from day one of tenancy. Short-Term Outreach, Wrap Up & Next Steps Staff provided an overview of a Short-Term Outreach and Education Plan per prior stakeholder meetings to prepare for Ordinance Implementation. Long-Term Outreach and Educational Campaign would be established after adoption. 2022/10/25 City Council Post Agenda Page 336 of 407 ATTACHMENT 3 COMPARISON OF STATE LAW FOR HARASSMENT & NO-FAULT TERMINATIONS OF TENANCY AND LOCALLY PROPOSED PROTECTIONS IMPACTED HOUSING TYPES IN CHULA VISTA State - Civil Code 1942.5 Chula Vista State Chula Vista State Chula Vista State Chula Vista State Chula Vista State - Government Code 1942.5 Chula Vista Single-family owned by business entity* Prohibits retaliatory evictions due to a tenant's exercise of a legal right. Adds 12 harassment/ retaliatory behaviors. Defines Substantial remodel as: (1) system is being replaced or substantially modified; (2) permit is required; and (3) necessary to be vacant for least 30 days. Defines substantial remodel as: (1) system is being replaced or substantially modified; (2) improvements $40 or more per square foot; (3) permit is required; and (4) necessary to be vacant for more than sixty (60) days. Tenancy < 12 months = 30 days Tenancy ≥ 12 months = 60 days Consistent with State Law 1 month contracted rent From day one of tenancy, one (1) month of actual then in effect contract rent under Tenant’s lease. None Consistent with state law None Consistent with state law Single-family + ADU with both occupied by tenants* Prohibits retaliatory evictions due to a tenant's exercise of a legal right. Adds 12 harassment/ retaliatory behaviors. Defines Substantial remodel as: (1) system is being replaced or substantially modified; (2) permit is required; and (3) necessary to be vacant for least 30 days. Defines substantial remodel as: (1) system is being replaced or substantially modified; (2) improvements $40 or more per square foot; (3) permit is required; and (4) necessary to be vacant for more than sixty (60) days. Tenancy < 12 months = 30 days Tenancy ≥ 12 months = 60 days Consistent with State Law 1 month contracted rent From day one of tenancy, one (1) month of actual then in effect contract rent under Tenant’s lease. None Consistent with state law None Consistent with state law Duplex with both units occupied by tenants* Prohibits retaliatory evictions due to a tenant's exercise of a legal right. Adds 12 harassment/ retaliatory behaviors. Defines Substantial remodel as: (1) system is being replaced or substantially modified; (2) permit is required; and (3) necessary to be vacant for least 30 days. Defines substantial remodel as: (1) system is being replaced or substantially modified; (2) improvements $40 or more per square foot; (3) permit is required; and (4) necessary to be vacant for more than sixty (60) days. Tenancy < 12 months = 30 days Tenancy ≥ 12 months = 60 days Consistent with State Law 1 month contracted rent From day one of tenancy, one (1) month of actual then in effect contract rent under Tenant’s lease. None Consistent with state law None Consistent with state law Complex with 3 or more units* Prohibits retaliatory evictions due to a tenant's exercise of a legal right. Adds 12 harassment/ retaliatory behaviors. Defines Substantial remodel as: (1) system is being replaced or substantially modified; (2) permit is required; and (3) necessary to be vacant for least 30 days. Defines substantial remodel as: (1) system is being replaced or substantially modified; (2) improvements $40 or more per square foot; (3) permit is required; and (4) necessary to be vacant for more than sixty (60) days. Tenancy < 12 months = 30 days Tenancy ≥ 12 months = 60 days Consistent with State Law 1 month contracted rent From day one of tenancy, greater of: (1) 2 months contracted rent or 3 months elderly/disabled; or (2) 2 months SAFMR or 3 months elderly/disabled. None Notify owner within 30 days of forwarding address Owner notifies with minimum criteria for qualifying None If re-rented within 2 years, greater of: (1) 6 months contracted rent; or (2) 6 months SAFMR *AB1482 (State Tenant Protection Act of 2019) exempts properties less than 15 years of age. Mobilehome Homeowner Mobilehome Tenant (AB1482 applies to tenants of mobilehomes) Residential Rental Unit alienable separate from the title to any other dwelling unit that is not owned by a business entity Shared housing (“roommate” of owner) Single-family, where Owner occupies & rents or leases no more than two units or bedrooms, including, an accessory dwelling unit or a junior accessory dwelling unit Single-family + ADU w/ owner occupying one unit Duplex where Owner occupies one unit Deed restricted affordable housing Hotel Rentals of 30 days or less Medical facilities and care facilities Residential Property or Dormitories owned by the City Noticing for No-Fault Demolition/Ellis Act/Substantial Remodel/Owner or Family-Move-In Relocation Assistance for No-Fault Demolition/Ellis Act/Substantial Remodel/Owner or Family-Move-In Noticing for No-Fault Demolition/Ellis Act/Substantial Remodel/Owner or Family-Move-In Penalty for Market Re-Entry after Ellis Act/Removal from Market EXEMPTED RESIDENTIAL PROPERTIES FROM CHULA VISTA ORDINANCE Anti-Harassment Substantial Remodel 2022/10/25 City Council Post Agenda Page 337 of 407 Attachment 4 Chula Vista Tenant Housing Education Plan DRAFT V5 – September 14, 2022 Overview The City of Chula Vista is compiling updated information and understanding of tenant and landlord experiences via stakeholder meetings and surveys. The data, collected in English and Spanish, is focused on single family home owners to gauge what they currently know about landlord/tenant rights/responsibilities. In addition, an education and engagement campaign will increase awareness and understanding of the pending housing provider and tenant ordinance. Partner stakeholder groups and community leaders have been engaged to provide and receive timely updates and discuss ordinance framework and content over the past few months. City staff and an independent facilitator is providing follow up after each meeting to collaboratively discuss the latest version of the ordinance for review by key stakeholders and organizations. The ordinance is expected to be presented to the Chula Vista City Council at the September 27 Council meeting. Key Dates Stakeholder Meeting #1: June 2, 2022 Create Education Graphics: July 5, 2022 Survey Conducted: July 6 – July 26, 2022 Updated information on the website (English/Spanish): July 12, 2022 Publicizing Survey to the Public: Starting July 15, 2022 Mass Email #1 / Newsletters (25k subscribers): July 15, 2022 Stakeholder Meeting #2: July 13, 2022 Stakeholder Meeting #3: August 22, 2022 Presentation at Council: September 13, 2022 Create Summary / Fact Sheet (English/Spanish): Finalize _____ Mass Email #2 / Newsletters: City Distribute ________ Create Partner Toolkit: _______________________ Education Materials Development (video, more graphics, flyers, etc): ___ 2022/10/25 City Council Post Agenda Page 338 of 407 Partner Education and Outreach Resources What are we currently doing to teach the public; planning to do to teach the public and can we collaborate with others to reach mutual goals? PLATFORMS AACE CA Apartment Assn (Membership Based) CSA San Diego Legal Aid (Eng/Span) PSAR SDAR (Membership Based) SCRHA Educational material development and distribution Info on legal providers, resources. Fact Sheets based on jurisdiction. Industry insights. Services in English, Spanish, Arabic. Approx 3,000 cases/year in entire city of San Diego. Fact Sheets – based on jurisdiction laws. FAQ in both Spanish and English on eviction moratoriums and the rights and responsibilities of tenants/landlords. Website FAQ including re: Eviction Moratorium Handout – AB 1482 – Just Cause AB 2179 – COVID 19 Protections. Materials for refugee orgs – SD & El Cajon – Arabic, Somali, Farsi. Approx 40-50 FAQs on landlord/tenant relationships on their website (federal to state to local refers to attorney, ADA issues, federal and state laws). Information for owners and realtor agents. Request from court 3 of eviction Notify City when property to be sold Require eviction notice be provided to City. Outreach to property owners and managers/management companies, both members and non- members via our emails newsletters, website, public relations, social media and magazine. Contact Database Vendor database for legal services. Agency database of cases. Mechanism for collecting data not in place right now. Trainings / Classes / Presentations / Events Weekly Know Your Rights training - Created with Legal Aid Covers AB 1482 & AB 2179. Zoom meetings weekly. Had a few presentations in person about once a month in Webinars. Fair Housing70 Presentations FY 2022. County Section 8 Training. Outreach to landlords mostly done by email about County Online streams for fair housing workshops. Three property manager trainings/year. Can also share information at classes and major events, such as our Trade Show. 2022/10/25 City Council Post Agenda Page 339 of 407 both Spanish and English Starting in- person – once a month. section 8 training and fair housing. Training – Certified Property Manager. ADA issues - federal and state laws. Phone Support Call # for landlords. Chat function. Hotline with a free toll number. Social Media / Digital Platforms HousingHelpSD. Chat function (on website). Only has this resource for memberships. Has a blog, social media accounts (most use facebook about 80% for the older demographic, average age is 55 years old, but Instagram is used for the younger demographic), youtube channel, texting, etc. Push texting? PSAR – Blog; social media; member Facebook – 800; stream video, YouTube, texting, MLS 80% on FB – average age = 55 IG for younger demographic. Languages Languages in English, Spanish, Arabic. Materials for refugee orgs – SD & El Cajon – Arabic, Somali, Farsi. Legal referrals Has on call lawyers to help people with counseling. Collaboration SD Eviction Collaborative. Works with housinghelpSDmonth Works with National Conflict Resolution Center: incorporate services to help Collaborates with CSA San Diego to have regular fair housing workshops. Works with Willing to host/co-host community/educational forums/webinars. We’ve done this with CSA is the past. 2022/10/25 City Council Post Agenda Page 340 of 407 with mediation. Has mandatory mediations where the county subsidizes them, BUT still needs better advertising. Also community mediation NCRC (program helps reach resolutions without going to court and is especially helpful in low cost issues). Monica Lopez at CSA San Diego. Works with conflict resolution (National Conflict Resolution Center incorp services) to help with mediation. Community mediation NCRC. Mandatory mediations where the county subsidizes them, BUT needs better advertising. Neighborhood Outreach Door to Door – leave flyers. Outreach coordinators re tenant/landlord issues to let both know their rights and responsibilities. Housing counselors do follow ups. 2022/10/25 City Council Post Agenda Page 341 of 407 SUBJECT AREAS AACE CA Apartment Assn (Membership Based) CSA San Diego Legal Aid (Eng/Span) PSAR SDAR (Membership Based) SCRHA Tenant Outreach Financial Resource: Utility, Rental, Chicano Federation Program Expiration Information. Help tenant self-assert Personal Testimony Printed materials like brochures in English, Spanish, Vietnamese, Farsi are put in libraries or office. Newsletters? Fair Housing How many times people call? Track by unique calls. Ability to share tenant facing information with members who can then share with their residents. (i.e. information flyers that housing providers can post or put in community newsletter). Landlord Outreach “Don’t let this happen to me” outreach Don’t be the landlord who messes up. Get an attorney (landlord). Communicate potential costs for attorney. Or legal resources. Free consultation. How to reach single home landlords? Printed materials – English, Spanish + Vietnamese, Farsi Libraries, digital copies. Tenants & Landlords – April Fair Housing. Legal Aid Collect data – Notices; demographics – HH#; veteran; disability, gender; race/ethnicity; Address; contact; gender pronouns. Have you been harassed? How resolved? What was issue? What is currently happening Nature of complaint? Harassment? Discrimination Important to collect demographics What type of harassment? Tenant – have you ever contacted code enforcement? 2022/10/25 City Council Post Agenda Page 342 of 407 Do you contact landlord re: issues? If not, why? Are you afraid of retaliation? Property Managers Hosts 3 property managers training a year with certified property managers. How was eviction notice served? Track rental increase. Have you had your rent increased? Landlord provide written notice? Do you know how much time to provide notice? How long in CV? Have you been asked to move out? Complexes – code violations? Open cases? Reason for remodel? 2022/10/25 City Council Post Agenda Page 343 of 407 2022/10/25 City Council Post Agenda Page 344 of 407 From: webmaster@chulavistaca.gov <webmaster@chulavistaca.gov> Sent: Monday, October 24, 2022 12:52 AM To: Mayor <mayor@chulavistaca.gov>; Mary Salas <MSalas@chulavistaca.gov> Subject: Contact Us - Notification for Mayor Casillas Salas A new entry to a form/survey has been submitted. Form Name: Mayor Casillas Salas Date & Time: 10/24/2022 12:51 AM Response #: 1723 Submitter ID: 105676 IP address: 68.8.171.227 Time to complete: 5 min. , 48 sec. Survey Details Page 1 Please feel free to contact us with any comments or questions by filling out the form below. First Name Dolores Last Name Sexton Email Address Comments To: Mayor Mary Salas and Chula Vista City Council Members I am once again reaching out to this body to ensure that you will uphold your oaths to the people of Chula Vista, and that you will follow the Constitution of the State of California as well as the Constitution of the United States of America. Please note the following, and make sure you understand the full meaning of our rights as citizens of this city, state and country, these rights apply to you, me, and everyone else who lives in this country. CODE TEXT CALIFORNIA CONSTITUTION - CONS ARTICLE I DECLARATION OF RIGHTS [SECTION 1 - SEC. 32] Article 1 adopted 1879. ) SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and Warning: External Email Written Communications Item 6.2 - Sexton - Received 10/24/22 2022/10/25 City Council Post Agenda Page 345 of 407 defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. Sec. 1 added Nov. 5, 1974, by Proposition 7. Resolution Chapter 90, 1974.) This article has not changed, and I have not provided my consent for the city council, or the mayor all of whom are paid public servants of the people of Chula Vista whether "elected" or selected, to over reach in their perceived authority to interfere in any way with my property or my rights to do or not do what I deem appropriate with it. The job of the mayor and city council is to act on behalf of their constituents and to follow moral and ethical standards to ensure that our rights are protected. The once again proposed Tenant Protection Ordinance (TPO) is up for approval. Thankfully there are many informed citizens that care about out city and about our rights, and there has been, and there will continue to be opposition to this type of unsubstantiated, arbitrary, and overreaching ordinance in our city. It was initiated by a referral by Mayor Mary Salas at a City Council meeting on Oct 26, 2021. The basis for this referral has no solid standing. The data being used is from 2011 to 2015, a lot has changed since then in our demographics, selecting data that aligns with a narrative cannot be utilized in a factual serious discussion about what is really needed in our city. Where is the data for at least the last three years that will tell the real story? I requested in my written objection in May 2022, that the council obtain valid current data for their proposed ordinance. I also pointed out that the only group that supposedly was asking for such regulation was a pro TPO paid group organized by Alliance of Californians for Community Empowerment or ACCE (formerly Acorn). ACCE was a coalition leader for Proposition W, the rent control issue in National City that was defeated in Nov 2018. I personally attended the May 17, 2022 council meeting, and saw members of this special interests group show up at the city council meeting all in yellow t-shirts being coached and organized. The leader made scripted comments, and had some of the group members pretending to be affected citizens, and frankly making obvious false statements, basically actors, trying to drive a narrative to support the supposed reasons for this ordinance. It was shameful to watch these people being used. How can we possibly believe that the city council is doing this with good intentions? In addition, attributing some of the reason for this proposal to a state of emergency, that was created by the actions taken and pushed by the Chula Vista City Council, and the State of California, should also disqualify this proposal as circumstantial and advantageous to the city council. The leadership of the City of Chula vista could have taken the right actions to preserve jobs, and to keep people informed and educated, we could have avoided most of the negative impacts to our local economies that are stated in the reasons for the proposed ordinance. Instead you have chosen as many of our cities, to take the federal dollars, lock up their citizens, close down businesses, and force people to fear for their lives and their livelihood, by spreading the fear porn and propaganda for more than two years and counting. And now you want to "solve" the problems you purposely created (never letting an emergency go to waste), conveniently providing a "solution". This raises a lot of eyebrows frankly, the playbook is getting very obvious to those that are paying attention, and more and more are paying attention now. It's time to stop the façade, I think that many of us see clearly that the ordinance has nothing to do with helping people, its about controlling people. We do not consent, we will not consent to your tactics, a nd I hope that you realize that we are all paying close attention to your motives and actions. We will be more critical of our future city leadership, I think we have learned a difficult lesson, by not paying closer attention to who was deciding on our behalf and whether or not their intentions were good. In the near future we will fill these seats with people that care about Chula Vista, about its future, and about really making a positive difference in the lives of those that live here. So disappointed and saddened by the state of our nation and of our city. You all could have done the right thing, but I suspect you will continue to push your dictated agenda, you should expect that we will push back. The proposed tenant ordinance is unconstitutional, redundant, has no valid credible statistical basis, is an insult to the hard working people of Chula Vista, and a Written Communications Item 6.2 - Sexton - Received 10/24/22 2022/10/25 City Council Post Agenda Page 346 of 407 blatant attempt to make property owners into criminals, if they don't play by your arbitrary and ambiguous rules. Thank you for the time you have invested in reading my objections to this proposal. Please consider doing the right thing for your constituents. Respectfully, Chris & Dolores Sexton Citizens of Chula Vista Thank you, City of Chula Vista This is an automated message generated by Granicus. Please do not reply directly to this email. Written Communications Item 6.2 - Sexton - Received 10/24/22 2022/10/25 City Council Post Agenda Page 347 of 407 From: Jose Lopez < Sent: Monday, October 24, 2022 7:50:31 PM To: acardenas@chulavistaca.gov <acardenas@chulavistaca.gov> Subject: Suggested amendments for Chula Vista TPO Dear Council member Cardenas, Sorry for sending this until now. Thank you for trying to help protect tenants from No Fault evictions. Here are some recommended amendments we would like to see, in order to improve the TPO. Thank you for your time and consideration. Best, Jose Lopez Director ACCE San Diego Warning: External Email Written Communications Item 6.2 - Lopez - Received 10/25/22 mailto:jlopez@calor ganize.org mailto:acardenas@chula vistaca.gov mailto:acardenas@chula vistaca.gov 2022/10/25 City Council Post Agenda Page 348 of 407 PROPOSED REVISIONS TO CHAPTER 9.65 OF THE CHULA VISTA MUNICIPAL CODE I. IMPOSE AN UNEQUIVOCAL RIGHT TO RETURN AT THE SAME RENT FOLLOWING ALL NO-FAULT EVICTIONS, INCLUDING SUBSTANTIAL REHABILITATION. Section 9.65.030 (Residential Rental Complex definition) –Delete in its entirety. Section 9.65.070(B)(1) –Alter as follows: 1.No Fault Terminations Tenancy in Unit in a Residential Rental Complex. When an Owner terminates a Tenancy of a Residential Rental Unit in a Residential Rental Complex for No-Fault Just Cause, the Owner shall provide notice and relocation assistance to the Tenant as follows: Section 9.65.070(B)(1)(a)(iii) –Alter as follows: iii.Notice of Right to Receive Future Offer Return.The Tenant’s right to receive an offer to renew the Tenancy on the same terms in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two (2)ten (10)years of the date the Tenant vacated the Residential Rental Unit was withdrawn from the rental market, and that to exercise such right, the Tenant: (a) must notify the Owner in writing within sixty (60)thirty (30) days of the termination notice vacating the Residential Rental Unit of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; (b) furnish the Owner with an address or email address to which that offer is to be directed; (c) and advise the Owner if they want the offer directed to a different address or email address at any time of a change of address to which an offer is to be directed. Section 9.65.070(B)(2) –Delete in its entirety. Section 9.65.070(C)(5) –alter as follows: 5. If the Residential Rental Unit in a Residential Rental Complex is offered for rent or lease for residential purposes within two (2)ten (10)years of the date the Tenancy was terminated Tenant vacated the Residential Rental Unit, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the No Fault Just Cause termination if the Tenant (a) advised the Owner in writing within sixty (60)thirty (30) days of the termination notice of the Tenant vacating the Residential Rental Unit of the Tenant’s desire to consider an offer to renew the Tenancy; and (b) furnished the Owner with an address or email address to which that offer is to be directed.The Owner shall offer to renew the tenancy on the same terms in effect at the time of termination.The Owner shall have the right to Written Communications Item 6.2 - Lopez - Received 10/25/22 2022/10/25 City Council Post Agenda Page 349 of 407 screen the Tenant using industry accepted methods and shall communicate such minimum screening criteria in the offer for the new Tenancy, subject to the terms of any attendant Administrative regulations. II. IMPLEMENT ALL OF THE ELLIS ACT’S AUTHORIZED PROTECTIONS. Section 9.65.070(C)(6)– Delete in its entirety Section 8.65.075 – Add Section below: A.System of Control on Rents.The city of Chula Vista adopts California Civil Code section 1947.12 and Penal Code section 396 as its local system of control on rents. This section does not impose any rent limitations on Landlords that are not already applicable under state law. Ellis Act Regulations – Chula Vista Should Adopt a comprehensive Ellis Act Implementation Ordinance. ACCE provided language for an Ellis Ordinance on May 10, 2022. The City’s Ellis regulations should, at minimum, adopt all protections authorized by the Ellis Act. III. MANDATE THAT AN OWNER OR RELATIVE MUST INTEND TO LIVE IN THE UNIT FOR THREE YEARS TO UTILIZE THE OWNER MOVE-IN CAUSE FOR EVICTION. Section 9.65.060 (C)(1) -Alter as follows: 1.Intent to Occupy by Owner or Family Member.The tenancy is terminated on the basis that the Owner or Owner’s Family Member intends to occupy the Residential Rental Unit. For leases entered into on or after July 1, 2020, Intent to occupy by Owner or Family Member shall only be a No Fault Just Cause basis for termination if the Tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the Owner of Family Member unilaterally decided to occupy the residential real property.The Owner or their Family Member must in good faith intend to move into the unit within ninety (90) days and occupy the Residential Rental Unit for three consecutive years as their principal residence. IV. PROHIBIT EVICTIONS FOR FAILING TO ABIDE BY UNAGREED TO LEASE TERMS. Section 9.65.060(B)(2) –Alter as follows: 2. A breach of material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. For purposes of this subdivision, a term of a lease that was unilaterally imposed by the Landlord after the commencement of the tenancy shall not be considered Written Communications Item 6.2 - Lopez - Received 10/25/22 2022/10/25 City Council Post Agenda Page 350 of 407 a material term of the lease” unless the change to the lease was required by law or was accepted in writing by the Tenant after being advised in writing that the Tenant need not voluntarily agree to the change in tenancy. V. ENACT STRONG REMEDIES FOR VIOLATIONS, INCLUDING MANDATORY TRIPLE DAMAGES AND ATTORNEY’S FEES. Section 9.65.080(D)(1) –Alter as follows: 1. Civil Action.An aggrieved Tenant may institute a civil action for injunctive relief, direct money damages, and any other relief allowed by law, including the assessment of civil penalties in the amount of no less than $2,000 and no more than $5,000 per violation per day, or three times the Tenant’s actual damages including damages for mental or emotional distress), whichever is greater.If the aggrieved Tenant is Elderly or Disabled, additional civil penalties of up to $5,000 per violation per day may be assessed at the discretion of the court.This remedy is not exclusive A Tenant may also pursue damages as set forth in Section 9.65.070(C)(6)any attendant administrative regulations. The statute of limitations for all remedies in this subdivision shall be three (3) years. Irreparable harm shall be presumed through violation of this chapter. Section 9.65.080(D)(3) –Alter as follows: 3.Attorney’s Fees.The court may shall award reasonable attorney’s fees and costs to a party prevailing tenant who prevails in any action described in paragraphs 1 and 2 above.The court may award a prevailing owner reasonable attorney’s fees if the Tenant’s action was devoid of merit and brought in bad faith. Costs shall be awarded according to state law. Please note that the code of civil procedure governs unlawful detainer proceedings. As such, local ordinances cannot prescribe attorney’s fees in unlawful detainers.1 For this reason we suggest removing this remedy from the ordinance. 1 Larson v. City & Cty. of S.F., 192 Cal. App. 4th 1263, 1297 (2011) Written Communications Item 6.2 - Lopez - Received 10/25/22 2022/10/25 City Council Post Agenda Page 351 of 407 Written Communications Item 6.2 - Kuta - Received 10/25/22 2022/10/25 City Council Post Agenda Page 352 of 407 Written Communications Item 6.2 - Kuta - Received 10/25/22 2022/10/25 City Council Post Agenda Page 353 of 407 From: Victor Cao < Sent: Tuesday, October 25, 2022 1:50 PM To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas acardenas@chulavistaca.gov> Cc: Kerry Bigelow <KBigelow@chulavistaca.gov>; CityClerk <CityClerk@chulavistaca.gov>; Melanie Woods <Stacey Kurz <SKurz@chulavistaca.gov> Subject: CAA Oppose Item 6.2 Tenant Protection Ordinance Mayor Salas and Members of City Council, CAA has summarized significant legal, operational, and procedural issues with the proposed Residential Tenant Protection Ordinance in the attached letter. CAA recommends that Chula Vista City Council reject the Tenant Protection Ordinance. I would appreciate if the city clerk could enter CAA’s opposition letter into the public record for Item 6.2 docketed for the October 25, 2022 City Council meeting. Melanie Woods, CAA’s San Diego Vice President of Public Affairs, is currently out on leave. Please feel free to reach out to me directly if you have any questions about CAA’s concerns. Respectfully, Victor Cao Senior Vice President, Local Public Affairs California Apartment Association vcao@caanet.org 949-474-1411 Questions about COVID-19: Visit our Resource Page CAA Services: Events and Education Insurance Tenant Screening Warning: External Email Written Communications Item 6.2 - Cao - Received 10/25/22 mailto:vcao@c aanet.org mailto:MSalas@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jmgalvez@chula vistaca.gov mailto:spadilla@chula vistaca.govmailto:acardenas@chula vistaca.gov mailto:KBigelow@chula vistaca.gov mailto:CityClerk@chula vistaca.govmailto:mwoods@c aanet.org mailto:SKurz@chula vistaca.gov mailto:vca o@caanet .orgmailto:vcao@ caanet.org https:// caanet.org/ coronavirus- resources-for- navigating-the- outbreak/ https:// caanet.org/ calendar/list/ https:// caanet .org/ produc ts- servic es/ insura nce/ https:// caanet.org/ products- services/ screening/ 2022/10/25 City Council Post Agenda Page 354 of 407 California Apartment Association 3349 Michelson Drive, Suite 200 Irvine, CA 92612 October 25, 2022 Mayor Salas City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Oppose Item 6.2 Tenant Protection Ordinance Mayor Salas & Members of the Chula Vista City Council: The California Apartment Association (CAA) remains opposed to the proposed Tenant Protection Ordinance (“TPO”). CAA is the nation’s largest statewide trade association representing owners, investors, developers, managers, and suppliers of rental housing. Our membership is diverse representing individual "mom-and-pop" owners of rental housing to the largest apartment operators throughout San Diego County and California. Our membership provides over 70,000 rental homes across San Diego County. As it has been already stated, the State of California has been heralded for having the “strongest tenant protections in the nation” through the adoption of AB 1482 (Chiu) in 2019. This legislation established a statewide, consistent standard to protect renters from excessive rent increases and arbitrary evictions. Establishing new laws and policies will only create inconsistencies for landlords, tenants, and courts across the state. CAA has previously held constructive discussions with city staff on methods to enhance landlord and tenant’s understanding of their rights and responsibilities, but a year has gone by without any meaningful effort towards proactive education efforts. Recognizing significant legal, operational, and procedural issues with this ordinance, CAA recommends the Chula Vista City Council reject the TPO for reasons including, but not limited to, the reasons outlined in this letter. 1. The definition of substantial rehabilitation is $40 per square foot, which does not include planning, engineering, or insurance related costs as part of the valuation. While the valuation was derived by the city’s building department analysis of permit activity, it is also important to recognize that the city’s housing stock is over 40 years old. Historical permit activity may be biased towards new construction and/or projects that are not representative of complex rehabilitations of aging multifamily properties. proceed with amendments. 2. Prior versions of the TPO limited relocation assistance to tenants who have established at least one-year of tenancy. In the current version, no-fault relocation assistance has been expanded to all tenants (e.g. new residents who do not have an established tie to Chula Written Communications Item 6.2 - Cao - Received 10/25/22 2022/10/25 City Council Post Agenda Page 355 of 407 2 Vista’s community or new residents from another state). CAA has several member testimonials about how relocation assistance is ridden with fraud and abuse in cities like Los Angeles and Alameda where such poorly constructed laws exist. 3. The ordinance stipulates that an owner or their family member can only move into their own property if the tenant agrees in writing prior to the termination or had agreed to it as a condition of the lease. This creates a considerable burden to an owner who is experiencing an emergency. Not only does an owner carry the trauma and expense of caring for a loved one in an emergency, but the City would then require additional money be paid to relocate a tenant; money that could be otherwise used for ongoing care. The City puts the owner in the position of calculating the health and displacement of their own family member against the financial and litigation risk involved with having to relocate a tenant. CAA encourages City Council to recognize that there are circumstances where owners make best decision to prioritize their loved ones over others they have no relation to. There are unique circumstances where ordinance unreasonably interferes into the familial obligations and property rights of owners. 4. The Reporting Requirements in Section 9.65.060(F) of the ordinance provides a backdoor and blank check for an invasion of privacy for both the owner and tenant. The TPO does not have any explicit reporting requirements. Instead, the TPO delegates authority to city staff and defers the development of such requirements without explicit approval of the city council. Reporting requirements under this scenario requirements may change without much notice and owners could be held in violation for failing to meet arbitrary requirements and deadlines. CAA requests City Council decline to entertain the Tenant Protection Ordinance until specific reporting requirements are explicitly written out and are available for public inspection. Consideration of City’s Private Vendor Survey Data and Methodology is Problematic The city conducted the July 2022 renter and stakeholder survey inappropriately. On July 14, 2022 city staff requested that various trade associations send an online survey on the city’s behalf. The administration of the survey was a disingenuous and the effort towards stakeholder outreach was a veiled attempt to validate the city’s presumptions about substantial remodels and evictions. The administration of the survey was highly questionable. The survey only contained biased, predetermined multiple-choice questions. The vendor relied on their own internet-based platform, SurveySavvy. Independent consumers and reviewers have scored the vendor’s platform, SurveySavvy, a 1.8 out of 5 stars and several reviewers alleged they were scammed.1 Lastly, the survey sample size was clearly flawed and not representative of Chula Vista or rental housing organizations quoted in the research report. For example, respondents who have no business interest or established residency in Chula Vista were able to take the survey. The survey was clearly susceptible to manipulation. CAA did not distribute the survey due to its poor design and lack of stakeholder on developing useful questions. Had CAA been properly consulted, the survey would have included the ability of 1 Adkins, Tonia, Stephanie Galloway, and Julie Kelley. “Surveysavvy Is Rated ‘Poor’ with 1.8 / 5 on Trustpilot.” Trustpilot, August 26, 2022. https://www.trustpilot.com/review/surveysavvy.com. Written Communications Item 6.2 - Cao - Received 10/25/22 2022/10/25 City Council Post Agenda Page 356 of 407 3 owners to state the purpose of substantial remodels or renovations, project cost and/or financial burden, or other relevant information. Frustrated participants lacked any ability to provide any meaningful feedback in their own words. The city has no need to rely on private vendors to manufacture data when ample public data was already available. City, County, State, and Federal Data is Available to Make Informed Policy Decisions The City of Chula Vista has meaningful and relevant data documented in its 2021-2029 Housing Element. The Housing Element stated that CSA San Diego had ample funding of nearly $300,000 to carry out investigations and other enforcement activities to prevent or eliminate discriminatory housing practices” (page AE-2). While CSA San Diego has reported an average of 264 cases annually over the past three years, the City’s Housing Element highlights that the U.S. Department of Housing and Urban Development only found 29 harassment cases specific to Chula Vista in a five- year period (2014-2019). To put into context, harassment allegations in Chula Vista amounted to 1 in 2,733 households. In other words, a confirmed incidence of harassment is less than one percent of all households in Chula Vista. By comparison, there were nine times more incidents of a person being hit by lightning in the entire United States than a Chula Vista resident being a victim of housing-related harassment. According to reporting by CalMatters, evictions throughout San Diego County have been on the decline since 2010.2 CAA’s assertion, backed by actual eviction filings, is that 1 in 113 households in San Diego County experienced an eviction. This analysis is backed by a CalMatters data set, which contained exactly 9,230 case files requested from San Diego County courts and comparing them to over 1.3 million households that exist in the county. Whereas the city’s vendor is reliant on a poorly assembled extrapolations, Chula Vista City Council has the ability to consider facts. Reports of substantial rehabilitation are equally as low. The 2019 United States Census found that 48% of Chula Vista’s housing stock is over 40 years of age and yet, less than 70 multifamily properties underwent substantial rehabilitation over the last reporting period.3 Proponents of the Tenant Protection Ordinance have volleyed wild allegations against rental housing owners’ use of substantial rehabilitation with no evidence. Proponents rely on anecdotes that are still unverified and demand that the city to pass draconian housing laws. Small mom-and-pop owners are unlikely to spend in excess of $40 per square foot, pay relocation fees, and be expected to navigate overly complicated eviction procedures in order to make improvements to their property. Putting up such regulatory barriers will only exacerbate reinvestment into Chula Vista’s aging housing stock. The fact is that city, county, state, and federal data shows there has never been an epidemic of harassment or evictions based on substantial rehabilitation. Conclusion At prior City Council meetings, Councilmembers expressed concerns about increasing rents, the financial hardship of residents and a desire to address the bad actors. The proposed Tenant Protection Ordinance does not address any of the concerns in any substantial way. Instead, the proposed ordinance would (1) inhibit any substantial investment that improves the quality of life for 2 Matt Levin, “A California Housing Crisis Mystery: Rents Are Way up This Decade, but Eviction Filings Are Way Down,” CalMatters, December 22, 2019, https://calmatters.org/projects/california-eviction-filings-up-housing-crisis-mystery/. 3 Stacey Kurz, “Ordinance: Consideration of Establishing Residential Landlord and Tenant Provisions,” Ordinance: Consideration of Establishing Residential Landlord and Tenant Provisions § (2022), https://pub- chulavista.escribemeetings.com/filestream.ashx?DocumentId=19446. Written Communications Item 6.2 - Cao - Received 10/25/22 2022/10/25 City Council Post Agenda Page 357 of 407 4 tenants and updates the City’s aging stock and (2) penalize innocent activities often part of normal property management operations with excessive criminal and civil penalties against its own taxpayers. Adoption of the ordinance would discourage ownership, development, and maintenance of rental housing, putting renters and quality housing at-risk in the long-term. The city had an opportunity to educate tenants and owners about the abundance of existing laws for over a year. Instead, the city has squandered time and resources in what is the epitome of “a solution in search of a problem.” For these reasons, CAA opposes the proposed ordinance and strongly encourages you to vote NO. Respectfully, Victor Cao Senior Vice President, Local Public Affairs Written Communications Item 6.2 - Cao - Received 10/25/22 2022/10/25 City Council Post Agenda Page 358 of 407 From: Molly Kirkland < Sent: Wednesday, October 19, 2022 2:56 PM To: Mary Salas <MSalas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas acardenas@chulavistaca.gov> Cc: Glen Googins <GGoogins@chulavistaca.gov>; CityManager <CityManager@chulavistaca.gov>; Housing Advisory Commission <HAC@chulavistaca.gov>; Stacey Kurz <SKurz@chulavistaca.gov>; Richard D'Ascoli <George Ching < Subject: PSAR/SCRHA Letter - Residential Landlord & Tenant Ordinance Hello, On behalf of the Pacific Southwest Association of REALTORS (PSAR) and the Southern California Rental Housing Association (SCRHA), I am submitting the attached letter regarding the pending Residential Landlord & Tenant Ordinance. If you have any questions, please don’t hesitate to contact our organizations. Thank you, Molly Kirkland, Director of Public Affairs Southern California Rental Housing Association 5675 Ruffin Road, Suite 310 | San Diego, CA 92123 Office: 858.278.8070 | Direct: Warning: External Email Written Communications Item 6.2 - Kirkland - Received 10/25/22 mailto:mkirkland@so calrha.org mailto:MSalas@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jmgalvez@chula vistaca.gov mailto:spadilla@chula vistaca.govmailto:acardenas@chula vistaca.gov mailto:GGoogins@chula vistaca.gov mailto:CityManager@chula vistaca.govmailto:HAC@chula vistaca.gov mailto:SKurz@chula vistaca.govmailto:rich@ psar.org mailto:george @psar.org mailto:mkirkland@sd caa.com www.sdcaa.co m 2022/10/25 City Council Post Agenda Page 359 of 407 October 19, 2022 The Honorable Mary Casillas Salas and Councilmembers 276 Fourth Ave Chula Vista, CA 91910 Sent Via Electronic Transmission Dear Mayor and Councilmembers: On behalf of the Pacific Southwest Association of REALTORS®(PSAR) and the Southern California Rental Housing Association (SCRHA), we are writing to respectfully request that the hearing to consider the Residential Landlord & Tenant Protection Ordinance be delayed until there is time for the City’s Housing Advisory Commission and all Stakeholders to thoroughly study and provide input on the new version of the ordinance. Our organizations sincerely appreciate the efforts of city staff over the course of the last year. The communication and stakeholder outreach has been a process that other jurisdictions should emulate. However, due to circumstances beyond city staff’s control, the second hearing on the ordinance has been rescheduled at least five times since July. Additionally, numerous new drafts have been provided to stakeholders, the most recent iterations without track changes to make changes easily identifiable. As trade organizations with thousands of members, we do our very best to keep members informed and let them know how they may participate in the public process. Our organizations have shared information in anticipation of hearings only to have to notify them of cancellations. It has become tantamount to “crying wolf” in their eyes and some housing providers fear this is being done purposely to dilute their grassroots participation. While our organizations don’t necessarily agree with those sentiments, the process thus far has left all stakeholders and their constituencies disenfranchised. The Council had great wisdom in establishing a Housing Advisory Commission. Considering the drastic changes made to the proposed ordinance since the last time it was presented to the Housing Advisory Commission, it is critical that the Commission’s value be leveraged. Why wouldn’t the council have its own experts review the ordinance? Again, we understand that there have been some circumstances beyond city staff’s control that have necessitated the hearing schedule changes. The tragic loss of a key city staff person has certainly left a void. However, prior to that, stakeholders were informed that at least one delay was in an effort to make sure that all councilmembers could be in attendance at the hearing. On June 28 stakeholders were notified that the hearing scheduled for July 12 was moved to July Written Communications Item 6.2 - Kirkland - Received 10/25/22 2022/10/25 City Council Post Agenda Page 360 of 407 26 because staff had been informed that not all Councilmembers would be in attendance at the July 12 meeting and had therefore been asked to wait until the next meeting to present the revised Residential Landlord & Tenant Ordinance. Given that one councilmember must recuse themselves from voting, this approach seems to indicate that the proposed ordinance will only come forward when there are enough councilmembers present who may support the ordinance. This special treatment of this particular ordinance has only served to reinforce the concerns of some in the community as it relates to transparency and a fair public process overall. It has become clear that all councilmembers do not see the proposed ordinance as an emergency as some have suggested. Therefore, our organizations respectfully request that the ordinance be shelved so as not to require staff to devote valuable time and energy to creating new regulation and instead allow them to focus on education and outreach. Our organizations remain committed to educating the entire community of rights and responsibilities. Furthermore, a new Mayor, new Councilmembers, and a new City Attorney will be in place in the coming months. An ordinance like this could create permanent regulations and should be considered by those who will be in office during the time in which the law may take effect, especially considering the responsibilities that the ordinance would place on the City Attorney . Inviting input from the Housing Advisory Commission and allowing the next round of elected leaders to continue the deliberation you have started would reassure concerned constituents that this is a public process. If you have any questions, please contact George Ching, PSAR Government Affairs Director at 619-421-7811 or Molly Kirkland, SCRHA Director of Public Affairs at 858-278-8070. Sincerely, Rich D’Ascoli Alan Pentico Executive Director Executive Director CC: Glen Googins, City Attorney Maria V. Kachadoorian, City Manager Housing Advisory Commissioners Stacey Kurz, Housing Manager Written Communications Item 6.2 - Kirkland - Received 10/25/22 2022/10/25 City Council Post Agenda Page 361 of 407 From: Ariadne Garcia Sent: Tuesday, October 25, 2022 5:32 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: For tonight's comment Good evening, This is my e comment for item 6.2 Tenant Protections. Me and my husband have suffered and have been victims of harassment, discrimination, and unlawful eviction. This has been going on since April of 2022 until present. We are residents of Chula Vista and have been all our lives. We are on F street. It has affected my health disability. They never fixed the mold in the carpet, we have a roach, and infestation. I have been bitten by bugs and have had flares due to my condition. The landlord and apartment manager were notified and they didn't care. Instead they wanted to evict us, and for us to be homeless. The apartment manager has laughed at me, smirked at us, and even brought her friends over to try and scare us and to try and make our living situation horrible. Me and my husband have remained strong but the health hazards in this unit and in the whole building is unsafe for the whole community. Please I ask you to highly consider passing this extremely important ordinance to stop these illegal evictions, harassment ,and denial of fixing apartments due to unsafe health conditions. I have had visits to my doctor and urgent care so many times due to this situation. I am a remote college student and the manager purposefully disturbs me while I am in my home. Her boyfriend has peeked to see what my husband is doing like delivering food to our friendly neighbors or even throwing the trash. They also denied a refrigerator to the wonderful senior neighbors. And we have proof that they had new refrigerators and appliances in their garage room. They just love to us tenants. Its been two years they don't call pest control. We have had lizards, mice, roaches, mosquitoes and now ants. Please do something about this. The neighbors have their own locks and sticks by the windows because the homeless have entered by force the building. They even took a shower in our laundry room. When my husband informed the manager, she never closed the laundry room or did anything to fox it. Please pass this law to protect us tenants and advise us of how to report these people!. Thank You Sent from Yahoo Mail on Android Warning: External Email Written Communication Item 6.2 - Garcia - Received 10/26/22 2022/10/25 City Council Post Agenda Page 362 of 407 Item 6.2 Residential Tenant Protection Ordinance Presented by: Mark Barnard, Management Analyst Gary Williams, LUTH Research Megan McClurg, Deputy City Attorney Stacey Kurz, Housing Manager2022/10/25 City Council Post Agenda Page 363 of 407 •September 14, 2021 Council Referral, to address: •Substantial remodel; •Removal from rental market (“Ellis Act”); •Harassment & Retaliation; and •City remedies & enforcement. •Staff goals, ensure: •Stakeholder involvement; and •Identification of any resources needed. Council Referral 2022/10/25 City Council Post Agenda Page 364 of 407 Process for Responding •Tenants of Smith/Roosevelt (Summer/Fall 2021) •Council Referral (Sep.14) COUNCIL REFERRAL •Stakeholder Meetings (Dec. 1-3) •Housing Advisory Commission (Dec. 8) FACT FINDING •Stakeholder Meetings (Jan. 12-18) •Housing Advisory Commission (Jan. 31) •Stakeholder Meetings (Feb. 17-23) DRAFT ORDINANCE #1 •City Council (Apr. 12) •Housing Advisory Commission (Apr. 19) •Stakeholder Meetings (May 3 & 6) •City Council (May 17) DRAFT ORDINANCE #2 •Citywide Survey •Joint Stakeholder Meetings (Jun. 2, Jul. 13, Aug. 22) •Draft Reviews (Sept. & Oct.) •City Council (Oct. 25) RECOMMENDATION 2022/10/25 City Council Post Agenda Page 365 of 407 Stakeholder Input CLASS B CLASS C Stakeholder Concept / Fact Finding Draft Ordinance (1) Draft Ordinance (2) Ordinance #1 Presented to Council 5/17 Due Diligence Ordinance #2 Alliance of Californians for Community Empowerment (ACCE)12/1/21 1/13 2/23 5/3 & 5/6 6/2 & 7/13 8/22 Building Industry Association (BIA)2/1 8/22 California Apartment Association (CAA)12/3/21 1/12 2/17 5/3 & 5/6 6/2 & 7/13 8/22 Chula Vista Chamber of Commerce Policy Committee 2/23 Pacific Southwest Association of Realtors (PSAR)12/1/21 1/13 2/17 5/3 & 5/6 6/2 & 7/13 8/22 San Diego Association of Realtors (SDAR)1/18 2/17 5/3 & 5/6 6/2 & 7/13 8/22 Southern California Rental Housing Association (SCRHA)12/2/21 1/12 2/17 5/3 & 5/6 6/2 & 7/13 8/22 Western Manufactured Housing Communities (WMA)1/18 5/3 8/22 Housing Advisory Commission (HAC)12/8/21 1/31 4/19 2022/10/25 City Council Post Agenda Page 366 of 407 Housing Providers / Landlords Tenants / Renters Stakeholder Positions Type of Housing Length of Tenancy Breaches in Lease Terms Ellis Act Provisions Allowing Substantial Remodel First Right of Refusal Noticing Relocation2022/10/25 City Council Post Agenda Page 367 of 407 City of Chula Vista Tenants and Landlords Survey 2022/10/25 City Council Post Agenda Page 368 of 407 Whom Did We Survey? 72022/10/25 City Council Post Agenda Page 369 of 407 8 Research Methodology Length of Interview 5 -8 minutes Target Audience Tenants •Must live in Chula Vista •Must rent their primary residence Landlords •Owned property in Chula Vista that they rented out to others Sample Size N = 271 Tenant Respondents N = 89 Landlord Respondents who rent out 116 separate units Luth hosted the survey which was offered in both English and Spanish. Luth sent out email invites to panelists on the SurveySavvy panel who live in one of the Chula Vista zip codes. The City of Chula Vista and partners used mass emails, newsletters, website postings and social media to send survey links to residents and landlords in Chula Vista. Survey fielding occurred from July 6 –July 26, 2022 8 2022/10/25 City Council Post Agenda Page 370 of 407 Tenant Results 92022/10/25 City Council Post Agenda Page 371 of 407 10 The entire city of Chula Vista was represented. The majority of tenant respondents are in the 91910 and 91911 zip codes. Zip Codes QS3A: What zip code is the home or apartment you are currently renting? Tenants 100% 5% 41% 26% 17% 2% 8% Total 91902 91910 91911 91913 91914 91915 Total n=271 Tenant Respondents 91910 91911 91914 91915 91902 91913 2022/10/25 City Council Post Agenda Page 372 of 407 11 Single Family Detached Homes are the most common dwelling type rented in the 91902, 91914 and 91915 zip codes. For the remaining zip codes, a rental complex with 11 or more units are the most common dwelling type. Condo rentals are found more in the 91914 and 91915 zip codes. Type of Dwelling Rented Tenants QR1: What type of property are you currently renting in Chula Vista? Total 91902 91910 91911 91913 91914 91915 Base:271 13 112 71 47 6 22 Single Family Detached House 25%31%25%20%28%33%36% ADU (that is an Accessory Dwelling Unit) of a Single Family House 1%2%5% Duplex 9%8%13%8%6% Rental complex with 3-5 units 8%15%8%13%4%17% Rental complex with 6-10 units 10%15%10%13%9% Rental complex with 11 or more units 37%23%33%44%43%17%36% Condominium 9%8%9%3%11%33%23% 2022/10/25 City Council Post Agenda Page 373 of 407 12 Only one in ten tenant respondents are renting a property that the owner also lives on. Owner Occupied Tenants 10% 23% 7% 17% 4% 17% 9% Total 91902 91910 91911 91913 91914 91915 Zip Code of Property QR2: Does the owner also live on the property? 10%12% 67% 8% Total Single Family ADU Duplex Dwelling Type Base:271 13 112 71 47 6 22 Base:271 69 3 25 2022/10/25 City Council Post Agenda Page 374 of 407 13 Single Family Homes, duplexes and smaller 3 to 5 unit buildings have tenant respondents who have lived in them longer. Length of Time Lived in Residence by Unit Type Tenants QR3: How long have you lived in this residence? Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 69 3 25 23 26 100 25 Less than 1 year 7%6%33%4%9%4%10%4% 1 –2 years 10%7%8%9%4%13%12% 2 –3 years 15%9%8%13%15%18%28% 3 –5 years 22%13%67%28%26%38%21%20% 5 –10 years 28%41%24%13%23%25%36% 10 years or more 18%25%28%30%15%13% Overall average length of tenancy in years 5.8 7.2 2.3 7.0 6.7 5.8 4.8 3.8 Overall median length of tenancy in years 4.0 6.0 3.0 5.0 4.0 3.0 3.0 3.0 2022/10/25 City Council Post Agenda Page 375 of 407 14 One in five tenant respondents in small buildings are paying less than $1,000 per month for rent. Renters of Single Family Homes and Condos are paying the most for rent. Rent Paid Tenants Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 69 3 25 23 26 100 25 One Bedroom $1482.7 $1266.3 $1600.0 $1675.0 $1354.3 $1395.0 $1548.3 $1400.0 Two Bedrooms $1985.9 $2158.3 -$1970.3 $1732.9 $1873.1 $1956.7 $2393.2 Three Bedrooms $2368.7 $2448.0 $3200.0 $2200.0 $1912.0 $1891.7 $2350.2 $2480.8 Four or more Bedrooms $3332.0 $3376.3 -$3066.7 ---- QR5: What is your current rent amount? Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 69 3 25 23 26 100 25 $1,000 or less 4%3%22%4%3% $1,001 to $1,499 11%1%4%9%23%17%8% $1,500 to $1,999 29%12%67%56%30%31%39%4% $2,000 to $2,499 26%30%12%26%38%20%44% $2,500 to $2,999 17%26%12%13%4%14%28% $3,000 or more 13%28%33%16%7%16% Rent Paid Average Rent Paid by Size 2022/10/25 City Council Post Agenda Page 376 of 407 15 Tenant respondents in larger buildings are much more likely to have received a rent increase in 2022 but the increases are smaller than average. Rent Increase Tenants Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 69 3 25 23 26 100 25 In 2022 41%35%33%32%35%31%54%28% In 2021 20%17%36%17%19%19%24% 2020 or Before 8%7%8%18%23%2% Never had an increase 31%41%67%24%30%27%22%44% Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base: Had a rent increase 41 1 19 16 19 78 14 41 $50 or less 18%10%26%19%47%15% $51 to $99 9%2%100%5%6%5%14% $100 to $149 34%29%47%31%26%36%29% $150 to $199 13%27%5%13%10%14% $200 or more 28%32%16%31%21%24%57% Mean increase 180.9 190.7 75.0 263.9 137.8 185.7 162.7 190.7 Date of Last Increase Amount of Rent Increase QR6: When was your most recent rent increase? QR7: By how much did your rent increase? 2022/10/25 City Council Post Agenda Page 377 of 407 16 One in ten Chula Vista tenant respondents say they have received an eviction notice or a termination of tenancy in the past three months. Received a Termination of Tenancy Notice Tenants 26 0 11 8 3 0 4 Total 91902 91910 91911 91913 91914 91915 28 3 1 1 3 3 11 4 Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base:271 13 112 71 47 6 22 Base:271 69 3 25 23 26 100 25 QR8: Have you received a termination of tenancy or an eviction notice in Chula Vista in the past three months?2022/10/25 City Council Post Agenda Page 378 of 407 17 The primary reason for an eviction notice is for non-payment of rent, however, many have also received notices due to the owner or family moving in and substantial rehabilitation. Reason for Eviction Tenants 1 1 1 1 2 2 2 3 5 8 Failure to deliver possession Demolition of property Nuisance Refusal of entry to landlord Failure to vacate Covid-related Removal from rental market Substantial rehabilitation Owner or family moved in Non-payment of rent Number of Respondents QR9: Why did you receive a termination of tenancy or an eviction notice? (multiple responses) Total n=271 Tenant Respondents; actual number of respondents shown in table2022/10/25 City Council Post Agenda Page 379 of 407 Landlord Results 182022/10/25 City Council Post Agenda Page 380 of 407 19 Zip Codes and Dwelling Type of Rentals 100% 7% 62% 36% 12%9%4% Total 91902 91910 91911 91913 91914 91915 100% 79% 7% 20%13%10%16%18% Total Single Family ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo Base: Landlords = 89 Landlords QL1:Which of the following zip codes below are your properties in? (Multiple responses accepted)2022/10/25 City Council Post Agenda Page 381 of 407 20 Single Family Homes Landlords 1% 2% 3% 4% 18% 71% 6 5 4 3 2 1 Number Owned 3% 7% 10% 29% 44% 7% 91915 91914 91913 91911 91910 91902 Zip Codes Base: Landlords = 70 Base: SFH Units = 89 10% 36% 54% Property Mgr Owner Property Manager Owner/Not a Property Mgr Managed By Base: SFH Units = 89 QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted)2022/10/25 City Council Post Agenda Page 382 of 407 21 DUPLEX Landlords 5% 0% 5% 19% 71% 5 4 3 2 1 Number Owned 0% 0% 0% 13% 47% 3% 91915 91914 91913 91911 91910 91902 Zip Codes Base: Landlords = 11 Base: Duplex Units = 21 14% 38% 48% Property Mgr Owner Property Manager Owner/Not a Property Mgr Managed By Base: Duplex Units = 21 18 3 Base: Duplex Units = 21 Live at property Do Not live at property QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted) QL3: Continue to think about the properties you lease in the _____ area? Do you also live at f the following property? (Single response) 2022/10/25 City Council Post Agenda Page 383 of 407 22 Total 3+ Units Landlords 26% 12% 62% 3+ 2 1 Number Owned 2% 8% 8% 31% 40% 8% 91915 91914 91913 91911 91910 91902 Zip Codes Base: Landlords = 34 Base: 3-5 unit Units = 48 23% 38% 40% Property Mgr Owner Property Manager Owner/Not a Property Mgr Managed By Base: 3-5 Units Units = 48 QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted)2022/10/25 City Council Post Agenda Page 384 of 407 23 Termination of Tenancy Notices Total SFD/ Duplex 3+ Units Base: Total Number of Units 157 117 40 Removal from rental market 17 10 7 Demolition of property 12 6 6 Substantial rehabilitation 22 10 12 Government order 9 4 5 Owner or family move-in 15 7 8 Landlords QL6: Have delivered any termination of tenancy notices in the _____ area in the past three months for any of the following no-fault evictions? Actual Number of No-Fault Evictions Reported Eviction Process QL7: Did you provide tenants with any of the following? (multiple responses accepted) Total SFD/ Duplex 3+ Units Base:# of No-Fault Eviction Units 34 20 14 Cash for Keys 10 5 5 Assistance in locating to another rental unit 7 4 3 Moving assistance (physical)5 3 2 Relocation assistance (financial) 13 8 5 Other 0 0 0 None of the Above 10 6 4 Actual Number Provided for No-Fault Evictions 2022/10/25 City Council Post Agenda Page 385 of 407 24 Number of Residents Affected by No-Fault Eviction Total SFD/ Duplex 3+ Units Removal from rental market Number of Units Removed 17 10 7 Number of Residents Affected 111 50 61 Demolition of property Number of Units Removed 12 6 6 Number of Residents Affected 80 29 51 Substantial rehabilitation Number of Units Removed 22 10 12 Number of Residents Affected 125 46 79 Government order Number of Units Removed 9 4 5 Number of Residents Affected 15 10 5 Owner or family move-in Number of Units Removed 15 7 8 Number of Residents Affected 74 35 39 Landlords Actual Number of Residents Affected QL6: If yes, how many residents were affected? 2022/10/25 City Council Post Agenda Page 386 of 407 25 Awareness of State Law AB1482 Total SFD Owner Managed 3+ Units Base:89 44 34 Yes 65%59%86% No 35%41%14% Landlords QL8: Are you aware that as a landlord of any type of property, you must provide specific notification about State Law AB1482?(Landlord respondents can be both SFD Owner Managed and Own 3+ Units) 2022/10/25 City Council Post Agenda Page 387 of 407 •Originally enacted in 1985. •Protects a property owner’s right to exit the rental business •Permits all jurisdictions to mitigate adverse impacts •Does not override protection from abusive evictions •Rent control jurisdictions have explicit additional Ellis Act options Existing Law -Ellis Act (Government Code 7060, et seq.) 2022/10/25 City Council Post Agenda Page 388 of 407 Existing Law -Tenant Protection Act of 2019 (AB-1482) •Effective January 1, 2020. •Defines and requires termination reason for certain tenancies: •At -Fault Just Cause –Based on the tenant’s acts or failure to act. •No-Fault Just Cause –Unrelated to tenant’s acts or failure to act. •Requires notifying tenant of inclusion or exemption •Mandates termination basis notice & relocation assistance •Allows jurisdictions to provide for greater tenant protections. At -Fault Just Cause No-Fault Just Cause Non-payment of rent Non-compliance with lease terms Nuisance Commit Waste Criminal activity Illegal subletting Refusal of entry to landlord Using premises for unlawful activity Failure to vacate after employment Failure to deliver possession Removal from rental market Demolition of property Substantial rehabilitation Government order Owner or family move-in •Rent control = 5% + CPI (max 10%) 2022/10/25 City Council Post Agenda Page 389 of 407 Existing Law – Harassment and Retaliation Prohibited (Civil Code 1940.2 & 1942.5) •Civil Code sections 1940.2 & 1942.5 prohibit harassment and retaliatory behavior against tenants •Allow a tenant to pursue a private civil action for damages and penalties as a result of a landlord’s harassing or retaliatory behavior •Provide an affirmative defense in an unlawful detainer action •Local jurisdictions may further regulate anti-harassment provisions 2022/10/25 City Council Post Agenda Page 390 of 407 •Assess & Evaluate Resources •Outreach •Data Collection •Clarify Definitions •Length of Tenancy •Relocation Metric •First Right of Refusal •Clarify Enforcement Process & Remedies •Limitations on City Authority May 17th Council Item 7.2 Table 1 Summary of Council Comments on May 17th & Action to Address May 17th Comment Action to Address Assessment of Housing Staff Resources A separate action will be brought forward to Council regarding Housing resources and restructuring to address increasing emphasis on Housing matters. Develop Outreach Plan City entered into a contract with NV5/Ardurra in June 2022 for assistance in facilitating stakeholder meetings, inventorying available stakeholder resources and developing an outreach strategy for initial ordinance implementation and a long-term educational campaign. An outline of the collaborative stakeholder outreach opportunities is provided later in the staff report. Tracking/Data Collection Added Ordinance requirements for landlords to provide data to be submitted to the City along with notice(s) served to resident(s), to be more fully defined in the Administrative Regulations. City staff will maintain no- fault noticing and work with CSA to establish data collection for other tenant/landlord issues and terminations. How Would Tenancy be Validated? Ordinance provides definitions on qualifications for tenancy and tools for tenants to civilly pursue. Length of Tenancy for Protections Removed the requirement that Just Cause is required only for Long-Term Tenancies. As a result, Just Cause is required to terminate a tenancy of any length. Review Relocation Metric of U.S. Department of Housing and Urban Development (HUD) Small Area Fair Market Rent (SAFMR) to Ensure it Reflects Current Rental Market The SAFMR is updated in April of every year. While the City has seen a significant increase in rental rates in the past year, historically the Consumer Price Index (CPI) increase for the San Diego area averages 2.5-3.0% annually. A survey, further discussed below was conducted in July 2022 and showed average rents well below the SAFMR. However, to address concerns regarding increased market rents, the Ordinance has been updated to provide relocation assistance for a specified number of months at the greater of the SAFMR for that zip code or actual contracted rent. Strengthen Protections around First Right of Refusal Added requirement for landlord to include minimum criteria for requalification of tenancy with first right of refusal noticing and greater specificity of timeframes. Clarify Enforcement of Criminal Offenses Ordinance updated to specify that criminal penalties are authorized only in the case of the Owner’s interference with a Tenant’s occupancy involving (a) threat, fraud, intimidation, etc.; (b) a public nuisance; (c) cutting off utilities; or restricting trade (including delivery services) to or from a Tenant. Address Enforcement Process and Define Remedies Administrative Regulations will provide additional details for enforcement. 2022/10/25 City Council Post Agenda Page 391 of 407 •Reorganization •Clarifications and Stakeholder Concerns Addressed •Length of Tenancy •Relocation Assistance •First Right of Refusal •Return to Market •Enforcement & Criminal Offenses Ordinance Updates Since May 2022/10/25 City Council Post Agenda Page 392 of 407 •Deleted definition for “Long Term Tenancy” •All affected housing types receive benefits on day one of tenancy Length of Tenancy 2022/10/25 City Council Post Agenda Page 393 of 407 Relocation Assistance U.S. Department of Housing and Urban Development Small Area Fair Market Rent (April 2022) San Diego County, CA Advisory Small Area FMRs By Unit Bedrooms ZIP Code Efficienc y 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 91902 $1,850 $2,040 $2,620 $3,640 $4,450 91910 $1,430 $1,580 $2,030 $2,820 $3,450 91911 $1,440 $1,600 $2,050 $2,850 $3,490 91913 $2,110 $2,340 $3,000 $4,170 $5,100 91914 $2,360 $2,610 $3,350 $4,650 $5,700 91915 $2,360 $2,610 $3,350 $4,650 $5,700 City Average $1,925 $2,130 $2,733 $3,797 $4,648 Regional Average $1,628 $1,802 $2,311 $3,210 $3,927 Exhibit 2 Comparison of Survey Data vs. SAFMR Greater of: (1) 2 months contracted rent or 3 months elderly/disabled; or (2) 2 months SAFMR or 3 months elderly/disabled 2022/10/25 City Council Post Agenda Page 394 of 407 •Residential Rental Complex re-rents units within 2 years of termination, shall offer the displaced tenant first, if: a) Tenant advises Owner in writing within thirty (30) days of the termination; and (b) Tenant provides address. •Owner has right to screen using industry accepted methods and communicates minimum screening criteria, per the Administrative Regulations. First Right of Refusal 2022/10/25 City Council Post Agenda Page 395 of 407 •Residential Rental Complex penalty for return to market after removal within 2 years of termination: •Owner liable for greater of: (i) six (6) month’s rent HUD SAFMR; or (ii) six (6) months of actual then in effect contract rent. •Does not apply if the property is rented to Owner’s Family Member, converted to another non-rental use, or otherwise sold or transferred. Return to Market 2022/10/25 City Council Post Agenda Page 396 of 407 •Mediation & Alternate Dispute Resolution •Private Remedies for Tenant (civil action, affirmative defense) •City Enforcement (administrative, civil, criminal) •Criminal penalty (misdemeanor: $1000 fine + up to 6 mo. Imprisonment, or infraction) •Owner interferes with a Tenant’s peaceful enjoyment, use, possession or occupancy of a Residential Rental Unit by (a) threat, fraud, intimidation, coercion, or duress; (b) maintenance or toleration of a public nuisance; (c) cutting off heat, light, water, fuel, Wi-Fi, or free communication by anyone by mail, email, telephone/cell phone, or otherwise; or (d) restricting trade (including the use of delivery services for goods or food) or tradespersons from or to any such Tenant. Enforcement & Remedies 2022/10/25 City Council Post Agenda Page 397 of 407 Comparison to State Regulations Mobilehome Homeowner Mobilehome Tenant (AB1482 applies to tenants of mobilehomes) Residential Rental Unit alienable separate from the title to any other dwelling unit that is not owned by a business entity Shared housing (“roommate” of owner) Single-family, where Owner occupies & rents or leases no more than two units or bedrooms, including, an accessory dwelling unit or a junior accessory dwelling unit Single-family + ADU w/ owner occupying one unit Duplex where Owner occupies one unit Deed restricted affordable housing Hotel Rentals of 30 days or less Medical facilities and care facilities Residential Property or Dormitories owned by the City EXEMPTED RESIDENTIAL PROPERTIES FROM CHULA VISTA ORDINANCE *Housing of Any Age 2022/10/25 City Council Post Agenda Page 398 of 407 Comparison to State Regulations IMPACTED HOUSING TYPES IN CHULA VISTA State - Civil Code 1942.5 Chula Vista State Chula Vista State Chula Vista Single-family owned by business entity* Single-family + ADU with both occupied by tenants* Duplex with both units occupied by tenants* Complex with 3 or more units* ATTACHMENT 3 COMPARISON OF STATE LAW FOR HARASSMENT & NO-FAULT TERMINATIONS OF TENANCY AND LOCALLY PROPOSED PROTECTIONS Noticing for No-Fault Demolition/Ellis Act/Substantial Remodel/Owner or Family-Move-InHarassmentSubstantial Remodel Prohibits retaliatory evictions due to a tenant's exercise of a legal right. Adds 12 harassment/ retaliatory behaviors. Defines Substantial remodel as: (1) system is being replaced or substantially modified; (2) permit is required; and (3) necessary to be vacant for least 30 days. Defines substantial remodel as: (1) system is being replaced or substantially modified; (2) improvements $40 or more per square foot; (3) permit is required; and (4) necessary to be vacant for more than sixty (60) days. Tenancy < 12 months = 30 days Tenancy ≥ 12 months = 60 days Consistent with State Law *AB1482 (State Tenant Protection Act of 2019) exempts properties less than 15 years of age. Single-family owned by Business Entity* Single-family + ADU both Tenant Occupied* Duplex both units Tenant Occupied* Complexes with 3 or more Units* 2022/10/25 City Council Post Agenda Page 399 of 407 (Cont.) Comparison to State Regulations IMPACTED HOUSING TYPES IN CHULA VISTA State Chula Vista State Chula Vista State - Government Code 1942.5 Chula Vista Single-family owned by business entity* Single-family + ADU with both occupied by tenants* Duplex with both units occupied by tenants* Complex with 3 or more units* From day one of tenancy, greater of: (1) 2 months contracted rent or 3 months elderly/disabled; or (2) 2 months SAFMR or 3 months elderly/disabled. Notify owner within 30 days of forwarding address Owner notifies with minimum criteria for qualifying If re-rented within 2 years, greater of: (1) 6 months contracted rent; or (2) 6 months SAFMR ATTACHMENT 3 COMPARISON OF STATE LAW FOR HARASSMENT & NO-FAULT TERMINATIONS OF TENANCY AND LOCALLY PROPOSED PROTECTIONS Relocation Assistance for No-Fault Demolition/Ellis Act/Substantial Remodel/Owner or Family-Move-In First Right of Resfusal for No-Fault Demolition/Ellis Act/Substantial Remodel/Owner or Family-Move-In Penalty for Market Re-Entry after Ellis Act/Removal from Market 1 month contracted rent From day one of tenancy, one (1) month of actual then in effect contract rent under Tenant’s lease. None Consistent with state law None Consistent with state law Single-family owned by Business Entity* Single-family + ADU both Tenant Occupied* Duplex both units Tenant Occupied* Complexes with 3 or more Units* 2022/10/25 City Council Post Agenda Page 400 of 407 Council Referral: •Substantial Remodel –Defines substantial remodel and provides additional relocation assistance. •Removal from Rental Market –Provides additional relocation assistance and penalties for returning to market within 2 years. •Harassment and Retaliation –Provides 12 additional provisions, including quiet use & enjoyment. •City Remedies & Enforcement –Defines criminal and civil penalties. Provides City provisions to intervene. Conclusion 2022/10/25 City Council Post Agenda Page 401 of 407 •Administrative Regulations •Enforcement Process •Sample Forms •Educational Campaigns •Community Based Organizations •Schools •Mailers (Utilities/Conservation) * Existing Contracts with CSA San Diego & Ardurra Next Steps 2022/10/25 City Council Post Agenda Page 402 of 407 Item 6.2 Staff Recommendation Adopt CVMC 9.65 to provide permanent “Residential Tenant Protections” As of March 1, 2023 2022/10/25 City Council Post Agenda Page 403 of 407 •Occupation •Intent to occupy by the owner or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents for at least 3 consecutive years. •Prohibit an owner from terminating a tenancy if the same owner or relative already occupies a unit or if there is a vacancy on the residential real property. •“Owner” has at least a 51% recorded ownership. •Withdrawal from Market •Criteria for land use change or converting to owner-occupancy •Notice of intent to withdraw provided 180 days before serving the notice to terminate the tenancy. •Demolish or Substantially Remodel •Require owner to obtain permits before issuing a notice to terminate a tenancy. •Rent Control •Make unenforceable any lease exceeding limits in existing law. Proposed Law AB-2713 2022/10/25 City Council Post Agenda Page 404 of 407 Local Tenant Protections in CA 30+ jurisdictions in California have passed additional Just Cause/Anti- Harassment Ordinances Rent Control No Rent Control = 92022/10/25 City Council Post Agenda Page 405 of 407 City Rent Control Relocation Assistance Owner Move-In Requirement Tenant Harassment Berkeley Yes Relocation: $16,341 with additional $5,447 to low-income households.36 Months Defines 5 types of retaliation. East Palo Alto Yes Ellis Act requirements only and "powers reserved to the city council."12 Months Defines 7 types of tenant harassment. Prohibits 5 types of retaliation. Glendale No Relocation: two times HUD fair market rent plus $1,000.No Timeline Specified Defines 5 types of retaliation. Long Beach No Relocation: equal to one month’s rent or waive final month's rent. No Timeline Specified Defines 13 types of tenant harassment. Los Angeles Yes Relocation: between $14,000 and $19,700. 24 Months Defines 17 types of tenant harassment. Oakland Yes Relocation: $6,500 for studios and one-bedroom apartments. $8,000 for two bedrooms, $9,875 for units with three or more bedrooms. 36 Months Defines 22 types of tenant harassment. Prohibits 3 types of retaliation. Santa Ana Yes Relocation: waive final three months rent or pay three months rent to each occupant.24 Months Defines 15 types of tenant harassment. Prohibits 3 types of retaliation. 2022/10/25 City Council Post Agenda Page 406 of 407 Rent control can be a valid exercise of City’s police power •Must not be preempted by state law •Must be reasonably related to counteracting a public harm •Must include mechanisms for rent adjustments •Must in general balance landlord and public/tenant interests Rent Control/Stabilization 2022/10/25 City Council Post Agenda Page 407 of 407