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HomeMy WebLinkAbout2022/12/06 Post Agenda Packet REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, December 6, 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 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. 2022/12/06 City Council Post Agenda Page 2 of 1285 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. Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to Senior Maintenance Worker Luis Castillo in Recognition of His Retirement and 25 Years of Service with the City of Chula Vista 4.2 Presentation of a Proclamation to Assistant City Attorney Michael J. Shirey in Recognition of His Retirement and 17 Years of Service with the City of Chula Vista 4.3 Presentation of a Proclamation to Deputy City Attorney Carol Trujillo in Recognition of Her Retirement and 13 Years of Service with the City of Chula Vista 4.4 Presentation on the 2022 Beautify Chula Vista Event by Senior Recycling Specialist Victor Sanchez 4.5 Presentation by Sue Peerson, FAICP, Faculty Member at UC San Diego Regarding the UC San Diego Broadway Streetscape Study 12 4.6 Presentation by the Department of Housing and Homeless Services on Final Outcomes of the Emergency Rental Assistance Program Administered by SBCS Corporation and Available Housing Assistance Programs 48 5.CONSENT CALENDAR (Items 5.1 through 5.15) 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 5.1 through 5.7 and 5.9 through 5.15. The headings were read, text waived. The motion carried by the following vote: 5.1 Approval of Meeting Minutes 52 RECOMMENDED ACTION: Approve the minutes dated: July 26, 2022 through October 4, 2022. 5.2 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. 5.3 Consideration of Request for Excused Absences 2022/12/06 City Council Post Agenda Page 3 of 1285 5.4 Building and Fire Codes: Adopt Various 2022 California Building and Fire Code Ordinances (Second Reading) 99 Report Number: 22-0266 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: Adopt ordinances amending Chula Vista Municipal Code chapters 15.06 (Administrative Provisions for the Technical Building Codes), 15.08 (Building Code), 15.09 (Residential Code), 15.10 (Referenced Standards Code), 15.12 (Green Building Standards), 15.14 (Existing Building Code), 15.16 (Mechanical Code), 15.24 (Electrical Code and Regulations), 15.26 (Energy Code), 15.28 (Plumbing Code), and 15.36 (Fire Code). (Second Readings and Adoptions) 5.5 Boards and Commissions: Adopt an Ordinance Approving Changes to the Structure and Scope of Various City Boards and Commissions and Amend the Municipal Code Accordingly (Second Reading) 188 Report Number: 22-0297 Location: No specific geographic location Department: City Manager and City Clerk Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt an ordinance approving revisions to General Rules for City boards and commissions, and the structure and scope of various City boards and commissions, as well as corresponding changes throughout the Municipal Code. (Second Reading and Adoption) 2022/12/06 City Council Post Agenda Page 4 of 1285 5.6 Consultant Agreements: Approve Agreements with Three Consultant Firms for Permit Processing, Building Plan Check, and Building Inspection Services 290 Report Number: 22-0284 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: Adopt a resolution approving three-year agreements, with the option of three one- year extensions, for a total period of six years, with Interwest Consulting Group, Bureau Veritas North America, Inc., and True North Compliance Services, Inc. for permit processing, building plan check, and building inspection services. 5.7 Investment Report: Quarter Ending September 30, 2022 349 Report Number: 22-0300 Location: No specific geographic location Department: Finance 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: Accept the investment report for the quarter ending on September 30, 2022. ITEM REMOVED FROM THE CONSENT CALENDAR 5.8 Appropriation: Amend the Fiscal Year 2022/23 Capital Improvement Program Budget and American Rescue Plan Act Spending Plan to Appropriate Funds to Fire Station #1 and Rehabilitation to Former YMCA Building Projects and Rename the Project "Casa Casillas" 371 Report Number: 22-0308 Location: 447 F Street (F Street & Fourth Avenue); 50 Fourth Avenue (C Street & Fourth Avenue) Department: Finance Environmental Notice: These Projects qualify for Categorical Exemptions pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 Class 3 (New Construction or Conversion of Small Structures). 2022/12/06 City Council Post Agenda Page 5 of 1285 RECOMMENDED ACTION: To adopt a Resolution No. 2022-257, heading read, text waived. The motion carried by the following roll call vote: 5.9 Deed Restriction: Approve a Deed Restriction on Park Property as Required as a Condition of a Grant Award 379 Report Number: 22-0311 Location: Rancho Del Rey Park, 1311 Buena Vista Way Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). RECOMMENDED ACTION: Adopt a resolution authorizing a deed restriction for the Rancho Del Rey Park property as required as a condition of the Per Capita Grant award through Proposition 68. 5.10 Agreement: Approve a Memorandum of Understanding with Sweetwater Union High School District for the School Resource Officer Program 397 Report Number: 22-0315 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 approving a Memorandum of Understanding (MOU) with Sweetwater Union High School District for the School Resource Officer (SRO) Program. 5.11 Employee Benefits: Adopt the 2023 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary Insurance Benefits for Eligible City Employees 409 Report Number: 22-0302 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. 2022/12/06 City Council Post Agenda Page 6 of 1285 RECOMMENDED ACTION: Adopt a resolution adopting the City of Chula Vista Cafeteria Benefits Plan for 2023, including a description of available benefits, participation rules, election procedures, manner of contributions, the maximum amount of contributions, the plan year, and the plan’s provisions for complying with flexible spending arrangements (FSAs). 5.12 Emergency Repairs: Final Report of Expenditures for the Emergency Storm Drain Repairs at 855 Energy Way 558 Location: 855 Energy Way Department: Engineering & Capital Projects Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Receive the report. 5.13 Council Policy: Approve Amended Council Policy No. 111-02 on Presentations to Council 564 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving amendments to City Council Policy No. 111-02 on presentations to Council. 5.14 Fee Update: Amend City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule 566 Report Number: 22-0318 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 resolution A) amending the City-Initiated Tow License Fee; and B) amending the City-Initiated Tow and Storage Rate Schedule. 2022/12/06 City Council Post Agenda Page 7 of 1285 *5.15 Project Amendment and Agreement: Amend the Capital Improvement Program Project for the SR-125 Interchange Improvements at Main Street and Otay Valley Road and Approve an Agreement with Caltrans to Initiate the Project Report/ Environmental Document Phase 574 Report Number: 22-0313 Location: State Route 125 at (future) Main Street and (future) Otay Valley Road Department: Development Services & Engineering and Capital Projects 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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA. RECOMMENDED ACTION: Adopt a resolution amending the project description for Capital Improvement Program Project for interchange improvements at SR-125 and (future) Main Street and (future) Otay Valley Road (STM0409) and approve a cooperative agreement with Caltrans to begin work on the environmental phase. 6.PUBLIC COMMENTS 656 The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. 7.1 Community Facilities District Formation: Consider Authorizing the California Municipal Financing Authority to Form CFD No. 2022-27 (Sunbow) Through the Bond Opportunities for Land Development Program, and Related Actions 665 Report Number: 22-0295 Location: Sunbow, located south of Olympic Parkway and east of Brandywine Avenue 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: To adopt a Resolution No. 2022-265, heading read, text waived. The motion carried by the following vote: RECOMMENDED ACTION: To adopt a Resolution No. 2022-266, heading read, text waived. The motion carried by the following vote: 2022/12/06 City Council Post Agenda Page 8 of 1285 8.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. 8.1 Employee Compensation and Positions: Approve an Amended Classification Plan and Compensation Schedules; Position Counts in Departments; Amended Municipal Code Section on Unclassified Positions; Updated Conflict of Interest Code; and Budget Amendments 740 Report Number: 22-0307 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: To adopt Resolution Nos. 2022-267 through 2022-272 and place the ordinance on first reading, heading was read, text waived. The motion carried by the following vote: 8.2 University-Innovation District: Approve Purchase/Sale and Project Development Agreements and Appropriate Funds for the Cinematic Arts Academic Center & Library Development for San Diego State University's Television, Film and New Media Production Studios 976 Report Number: 22-0317 Location: Lot 7 of Millenia, 1775 Millenia Avenue Department: Economic Development Environmental Notice: The Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. RECOMMENDED ACTION: To adopt a Resolution Nos. 2022-273 through 2022-275, heading read, text waived. The motion carried by the following vote: 2022/12/06 City Council Post Agenda Page 9 of 1285 8.3 Agreement: Approve an Exclusive Negotiating Agreement with HomeFed, LLC to Negotiate a Master Developer Agreement for the University-Innovation District 1238 Report Number: 22-0306 Location: University-Innovation District Department: Economic Development Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: To adopt a Resolution No. 2022-276, heading read, text waived. The motion carried by the following roll call vote: 9.CITY MANAGER’S REPORTS 9.1 Update on Harborside Park 1274 10.MAYOR’S REPORTS 11.COUNCILMEMBERS’ COMMENTS 12.CITY ATTORNEY'S REPORTS 13.CLOSED SESSION Announcements of actions taken in Closed Sessions shall be made available by noon on the next business day following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of Case: Patricia Ortiz v City of Chula Vista, San Diego Superior Court, Case No. 37-2020-00040498-CU-PO-CTL B) Name of Case: Jaqueline Limon v City of Chula Vista, San Diego Superior Court, Case No. 37-2021-00045866-CU-PA-CTL 2022/12/06 City Council Post Agenda Page 10 of 1285 14.ADJOURNMENT to the regular City Council meeting on December 13, 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. 2022/12/06 City Council Post Agenda Page 11 of 1285 U r b a n D e s I g n USP 177A: Urban Design Practicum Sue Peerson, FAICP Continuing Lecturer UC San Diego Urban Studies and Planning Department USP 177A: Urban Design Practicum B r o a d w a y Streetscape Study Chula Vista, California 2022/12/06 City Council Post Agenda Page 12 of 1285 Existing Conditions 2022/12/06 City Council Post Agenda Page 13 of 1285 2022/12/06 City Council Post Agenda Page 14 of 1285 ●In Close proximity to large commercial districts, the Chula Vista Bayfront, trolley, and major freeways ●Within walking distance to Chula Vista Mall ●Accessible public transit Site Influences Map 2022/12/06 City Council Post Agenda Page 15 of 1285 Broadway Streetscape from F Street to J Street 2022/12/06 City Council Post Agenda Page 16 of 1285 Site Visit 2022/12/06 City Council Post Agenda Page 17 of 1285 2022/12/06 City Council Post Agenda Page 18 of 1285 Studio time USP Studio in the Social Sciences Public Engagement Building 2022/12/06 City Council Post Agenda Page 19 of 1285 2022/12/06 City Council Post Agenda Page 20 of 1285 2022/12/06 City Council Post Agenda Page 21 of 1285 The Street “Focus all your (research) resources upon those issues that make a difference in the quality of life for the user”. (Duerk, pg. 29) 2022/12/06 City Council Post Agenda Page 22 of 1285 Buildings face street at back of sidewalk Buildings face street at back of sidewalk 2022/12/06 City Council Post Agenda Page 23 of 1285 Drive through restaurant/fast food Curb cut at sidewalk creates conflict with pedestrians and bicycles Buildings separated from the street by surface parking lot 2022/12/06 City Council Post Agenda Page 24 of 1285 Photo Elevations Many buildings Variety of architectural styles Different height and massing Not one continuous, blank building wall 2022/12/06 City Council Post Agenda Page 25 of 1285 USP 177 Fall ‘22 Street Elevation (west side) Retail -Auto Oriented Retail -Services Vacant Retail -Food & Drink Bar Residential Medical Curb Cuts Team 4 Aidan Sproul Elinor Oren Elise Park James Johnson Street or driveway into lot 2022/12/06 City Council Post Agenda Page 26 of 1285 USP 177 Fall ‘22 Street Elevation (east side) Retail -Auto Oriented Retail -Services Vacant Retail -Food & Drink Retail -Clothing Medical Curb Cuts Street or driveway into lot Residential Team 4 Aidan Sproul Elinor Oren Elise Park James Johnson 2022/12/06 City Council Post Agenda Page 27 of 1285 U r b a n D e s I g n SketchUp Model 2022/12/06 City Council Post Agenda Page 28 of 1285 N.T.S Existing Buildings Broadway North 2022/12/06 City Council Post Agenda Page 29 of 1285 U r b a n D e s I g n Section Drawings 2022/12/06 City Council Post Agenda Page 30 of 1285 Broadway Street Sections 2022/12/06 City Council Post Agenda Page 31 of 1285 Broadway Street Sections 2022/12/06 City Council Post Agenda Page 32 of 1285 Naming + Branding 2022/12/06 City Council Post Agenda Page 33 of 1285 2022/12/06 City Council Post Agenda Page 34 of 1285 Local art Brick + Wood + Glass Aesthetic Design 2022/12/06 City Council Post Agenda Page 35 of 1285 How might we… redesign the sidewalk space and coordinate a neighborhood theme to provide a safe and enjoyable experience along Broadway? 2022/12/06 City Council Post Agenda Page 36 of 1285 Vision + Implementation 2022/12/06 City Council Post Agenda Page 37 of 1285 CONCEPT MAP -LAND USE LEGEND Parks / Green Space Auto Commercial Retail Space Mixed Use Parking Bus Stops Median Refuge Island Mall Connectors VANCE ST. TO MANKATO ST. VISION Peripheral commercial spaces and parking lots have been converted to vibrant, mixed use spaces. This adds the density anticipated ahead of Chula Vista’s Bayfront redevelopment. Primary commercial uses (e.g., Firestone, Tacos El Gordo), circulation to retail, and parking have been maintained. Prepared for Sue Peerson, Team 4, USP 177A, Fall 2022 Podium multifamily with groundfloor parking has replaced parking lots Mall circulation has been taken behind the Broadway arterial Green space that supports low- rider car shows have been added; this is walkable from Single Family residences Preserved commercial space can act as a de facto business district build affordable and work force housing plazas, paseos and gathering space Celebrate the low- rider and car culture on Broadway 2022/12/06 City Council Post Agenda Page 38 of 1285 CONCEPT MAP -PEDESTRIAN IMPROVEMENT VANCE ST. TO MANKATO ST. LEGEND Trees Street Lights Mural Benches Gateway Pedestrian Infrastructure Bulb outs VISION These sections will be designed to different scales with subtly different branding. Visual continuity across the sections will be maintained with street trees and lighting. Pedestrian improvements create intentional wandering paths along three distinct uses and levels of intimacy: 1. Mall-adjacent open plaza to “see and be seen” 2. Retail plaza to “eat and connect” 3. Park space to “be out and about” smaller scale, auto friendly, enhances current sense of place medium scale, multifamily, walkable Existing bus stops will be outfitted with benches The same species of street trees will line the entire stretch of Broadway A median refuge island makes crossing streets safer Pedestrian improvements & third-spaces accommodate different levels of intimacy 2022/12/06 City Council Post Agenda Page 39 of 1285 Concept Model 2022/12/06 City Council Post Agenda Page 40 of 1285 2022/12/06 City Council Post Agenda Page 41 of 1285 2022/12/06 City Council Post Agenda Page 42 of 1285 How might we… reimagine Broadway to be a destination and connect residents and visitors to the Chula Vista Bayfront ? 2022/12/06 City Council Post Agenda Page 43 of 1285 Placemaking + Public Space 2022/12/06 City Council Post Agenda Page 44 of 1285 2022/12/06 City Council Post Agenda Page 45 of 1285 2022/12/06 City Council Post Agenda Page 46 of 1285 Thank you Sue Peerson, FAICP Continuing Lecturer UC San Diego Urban Studies and Planning Dept speerson@ucsd.edu Tienna Chen Undergraduate Instructional Apprentice Taylor Kempf Undergraduate Instructional Apprentice2022/12/06 City Council Post Agenda Page 47 of 1285 HOUSING & HOMELESS SERVICES Item 4.6 -Special Orders of the Day Housing Program Updates Presented by: Stacey Kurz, Director of Housing & Homeless Services Naader Ho, Management Analyst 2022/12/06 City Council Post Agenda Page 48 of 1285 COVID-19 Emergency Rental Assistance Program (ERAP) •Funds from State &Federal totaling $42,237,983 •8,522 residents in Chula Vista stabilized •755 landlords impacted 2022/12/06 City Council Post Agenda Page 49 of 1285 Rental Assistance •Continued partnership with SBCS to provide homeless prevention resources Homeless Prevention Programs Shallow Rent Subsidy Program •CCDC funded $350,000 for 2 years •Currently 25 older adults receiving an average $300 monthly in rental subsidy 2022/12/06 City Council Post Agenda Page 50 of 1285 First-Time Homebuyer Program Administered by the San Diego Housing Commission: https://www.sdhc.org/housing -opportunities/first-time- homebuyers/ Gap financing available up to $120,000 to be used toward down payment and closing costs. Eligible Household Criteria •No ownership interest in residential property within the past three years. •Total household annual income at or below (per HUD 04/18/22): •Home must be owner-occupied as Principal Residence. •Must be a U.S. citizen or Permanent Resident. •Household must qualify for a mortgage loan through a participating lender. •A minimum of 3% of the total purchase price must be contributed by buyer. •Maximum liquid assets after close may not exceed $25,000. •Applicants must attend a HUD certified homebuyer education class and pre-purchase counseling.2022/12/06 City Council Post Agenda Page 51 of 1285 City of Chula Vista Regular Meeting of the City Council Meeting Minutes July 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 10.1, which was heard following Item 4.1. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:06 p.m. via teleconference and in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. City Clerk Bigelow announced that Councilmember Padilla was participating via teleconference and videoconference from the following location: Chula Vista City Hall, Building B, 276 Fourth Avenue Chula Vista, CA 91910; that all votes would be taken by roll call. City Clerk Bigelow stated that the agenda providing notice of Councilmember Padilla's remote participation was posted in accordance with the Brown Act and that Chula Vista City Hall Council Chambers was open to the public for their participation in the meeting. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Galvez led the Pledge of Allegiance. 2022/12/06 City Council Post Agenda Page 52 of 1285 2022/07/26 City Council Regular Meeting Minutes Page 2 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation Commending the San Diego Blood Bank for its Lifesaving Contributions to the City of Chula Vista Mayor Casillas Salas read the proclamation and Deputy Mayor Cardenas presented it to Doug Morton and Claudine Van Gonka, representing the San Diego Blood Bank. 5. CONSENT CALENDAR (Items 5.1 through 5.6) Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended action appearing below consent calendar Items 5.1 through 5.6. The headings below were read, text waived. The motion carried by the following roll call 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 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 Request for Excused Absences Consider requests for excused absences as appropriate. No requests were received at that meeting. 5.3 Municipal Code Amendment: Amend the Chula Vista Municipal Code to Add the Unclassified Position Title of Bayfront Development Project Manager Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Bayfront Development Project Manager. Item 5.3 heading: ORDINANCE NO. 3524 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF BAYFRONT DEVELOPMENT PROJECT MANAGER. 5.4 Agreement: Award a Cooperative Agreement to West Coast Arborist, Inc for Citywide Tree Maintenance Services Adopt a resolution awarding a cooperative agreement for tree maintenance services to West Coast Arborist, Inc. 2022/12/06 City Council Post Agenda Page 53 of 1285 2022/07/26 City Council Regular Meeting Minutes Page 3 Item 5.4 heading: RESOLUTION NO. 2022-177 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE PURCHASING AGREEMENT FOR TREE CARE AND MAINTENANCE SERVICES BETWEEN THE CITY AND WEST COAST ARBORISTS, INC. 5.5 Agreement: Approve a Research Use Agreement with the Regents of the University of California Authorizing the Installation of Lighting Technology at SDG&E Park Adopt a resolution approving the Research Use Agreement with the Regents of the University of California authorizing the installation of lighting technology at SDG&E Park. Item 5.5 heading: RESOLUTION NO. 2022-178 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESEARCH USE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AUTHORIZING THE INSTALLATION OF LIGHTING TECHNOLOGY AT SDG&E PARK 5.6 Service Agreement: Approve Agreement with Akeso Occupational Healthcare to Provide Medical Services and Access to Care for City Jail Inmates Adopt a resolution waiving the competitive bidding requirement and approving a sole-source agreement with Akeso Occupational Healthcare to provide medical services and access to care for City jail inmates. Item 5.6 heading: RESOLUTION NO. 2022-179 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING A SOLE-SOURCE AGREEMENT WITH AKESO OCCUPATIONAL HEALTHCARE TO PROVIDE MEDICAL SERVICES AND ACCESS TO CARE FOR CITY JAIL INMATES 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident, submitted written communications and spoke regarding the creation of a residential tenant and landlord ordinance. Shaun Chamberlin spoke regarding code violations on a property in Bonita. 7. ACTION ITEMS 7.1 Employee Appointment: Authorize Temporary Appointment of a CalPERS Retiree Pursuant to Government Code Sections 7522.56 and 21224 Human Resources Director Chase spoke regarding the item. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution No. 2022-180, heading read, text waived. The motion carried by the following roll call vote: 2022/12/06 City Council Post Agenda Page 54 of 1285 2022/07/26 City Council Regular Meeting Minutes Page 4 Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) RESOLUTION NO. 2022-180 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE NECESSITY OF TEMPORARILY APPOINTING A CALPERS RETIREE, PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224 7.2 Charter Update Proposal: Consider Charter Update Proposal from the Charter Review Commission and City Staff for Possible Placement of One or More Measures on the November 2022 Ballot City Attorney Googins and Charter Review Commission Chair Scofield gave a presentation on the item. City Attorney Googins, Chair Scofield, and City Clerk Bigelow responded to questions of the Council. Mayor Casillas Salas recessed the meeting at 6:56 p.m. The Council reconvened at 7:17 p.m., with all members present. John Moot, Chula Vista resident, spoke regarding the item relative to City Charter sections 503.6 and 504(d). The following members of the public submitted written communication in opposition to the item/staff's recommendation:  Robert Ross  Tom O'Donnell The following members of the public submitted written communication in support of staff's recommendation:  Carolyn Scofield  Becky Thimm Moved by Councilmember McCann Seconded by Mayor Casillas Salas To include a residency duration requirement of one year to run for office in the City of Chula Vista in the draft proposed Charter revisions. The motion carried by the following roll call vote: Yes (4): Deputy Mayor Cardenas, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas No (1): Councilmember Galvez Result, Carried (4 to 1) City Attorney Googins stated that the residency duration requirement would be researched further; however, based on previous research, he may recommend the City Council not proceed with the requirement or that it separate the issue from the rest of the proposed Charter revisions. 2022/12/06 City Council Post Agenda Page 55 of 1285 2022/07/26 City Council Regular Meeting Minutes Page 5 Moved by Councilmember McCann Seconded by Mayor Casillas Salas To include the change from a qualified elector requirement to residency requirement for most boards and commissions in the draft proposed Charter revisions. The motion carried by the following roll call vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas No (1): Councilmember McCann Result, Carried (4 to 1) Moved by Councilmember Padilla Seconded by Mayor Casillas Salas To strike language regarding suspension of elected officials with felony charges pending in the draft proposed Charter revisions. The motion carried by the following roll call vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Moved by Mayor Casillas Salas Seconded by Councilmember McCann To include the City Attorney residency and experience requirements, as written, in the draft proposed Charter revisions. The motion carried by the following roll call 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 Mayor Casillas Salas To strike the language related to converting the Legislative Council provisions to Conflict Council provisions, in the draft proposed Charter revisions. The motion carried by the following roll call vote: Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla, and Mayor Casillas Salas No (1): Councilmember McCann Result, Carried (4 to 1) 2022/12/06 City Council Post Agenda Page 56 of 1285 2022/07/26 City Council Regular Meeting Minutes Page 6 Moved by Councilmember McCann Seconded by Councilmember Galvez To include the provisions for a mail-in ballot system for special elections, as written, in the draft proposed Charter revisions. The motion carried by the following roll call vote: Yes (3): Councilmember Galvez, Councilmember McCann, and Councilmember Padilla No (2): Deputy Mayor Cardenas, and Mayor Casillas Salas Result, Carried (3 to 2) Moved by Councilmember McCann Seconded by Councilmember Galvez To approve level one and level two changes, as written, in the draft proposed Charter revisions. The motion carried by the following roll call vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) 8. CITY MANAGER’S REPORTS Special Projects Manager Hernandez announced upcoming community meetings regarding privacy and technology. 9. MAYOR’S REPORTS Mayor Casillas Salas spoke regarding her attendance at the grand opening of the SR - 11. 10. COUNCILMEMBERS’ COMMENTS Councilmember McCann thanked Mayor Casillas Salas and Councilmember Padilla for their ongoing commitment to Bayfront efforts. Deputy Mayor Cardenas thanked staff and commissioners for their efforts related to the Charter update. Councilmember Galvez thanked staff and commissioners for their efforts related to the Charter update and introduced her new Council Aide, Tommy Lawton. Councilmember Galvez also provided an update on the community shuttle program. 10.1 Councilmember Galvez: Councilmember Galvez spoke regarding the item. Flor Hernandez, representing Partnerships for Success, spoke regarding the item. Moved by Councilmember Galvez Seconded by Deputy Mayor Cardenas 2022/12/06 City Council Post Agenda Page 57 of 1285 2022/07/26 City Council Regular Meeting Minutes Page 7 To submit a letter in support of maintaining public access at I nternational Friendship Park. The motion carried by the following roll call vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) 11. CITY ATTORNEY'S REPORTS There were none. 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 9:02 p.m. The Council convened in Closed Session at 9:12 p.m., with all members present. 12.1 Public Employee Performance Evaluation Pursuant to Government Code Section 54957 Title: City Manager 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: CV Amalgamated LLC vs. City of Chula Vista, Court of Appeal, Case Nos. D078720 & D079322. Action: No Reportable Action 13. ADJOURNMENT The meeting was adjourned at 9:47 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/12/06 City Council Post Agenda Page 58 of 1285 City of Chula Vista Regular Meeting of the City Council Meeting Minutes August 9, 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, City Clerk Analyst Hernandez 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 5:06 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. City Clerk Bigelow announced that Deputy Mayor Cardenas was participating via teleconference and videoconference from the following location: 155 Walnut Dr., Chula Vista, CA 91911; and that all votes would be taken by roll call. Deputy Mayor Cardenas stated she complied with all requirements of the Brown Act, including posting the agenda and ensuring public access to the location. She stated no members of the public were participating from her location. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Oath of Office City Clerk Bigelow administered the oath of office to Commissioner Pajanor, and Councilmember Padilla presented him with a certificate of appointment. 2022/12/06 City Council Post Agenda Page 59 of 1285 2022/08/09 City Council Regular Meeting Minutes Page 2 4.2 Presentation of a Proclamation Proclaiming August 9, 2022 as Emo Brown Foundation Day in the City of Chula Vista Mayor Casillas Salas read the proclamation and Councilmember Galvez presented it to Steve Garcia on behalf of the Emo Brown Foundation. 4.3 Presentation by Emergency Operations Manager Marlon King Regarding the Monkeypox Local Health Emergency Emergency Operations Manager King gave a presentation on the Monkeypox Local Health Emergency. 5. CONSENT CALENDAR (Items 5.1 through 5.9) City Attorney Googins announced that Mayor Casillas Salas had potential property- related conflicts of interest on Item 5.8, but that the item qualified for an exception, which did not prohibit her from voting. Item 5.7 was continued to a future City Council meeting. Item 5.8 was removed from the consent calendar at the request of Councilmember Galvez. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended actions appearing below consent calendar Items 5.1 through 5.6 and 5.9. 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) 5.1 Approval of Meeting Minutes Approve the minutes dated: December 7, 2021(Special), December 7, 2021 (Regular), and December 14, 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 Request for Excused Absences Consider requests for excused absences as appropriate. No requests were received at that meeting. 5.4 Contract Award and Appropriation: Award a Public Works Contract to Eagle Paving Company Inc. for the “RMRA Major Pavement Rehabilitation Fiscal Year 2020/21 (STM0401)” Project and Appropriate Funds for that Purpose Adopt a resolution awarding a public works contract to Eagle Paving Company Inc. for the “RMRA Major Pavement Rehabilitation Fiscal Year 2020/21 (STM0401)” project in the amount of $4,646,000 and appropriating funds to cover the projected costs of the construction phase of the project. 2022/12/06 City Council Post Agenda Page 60 of 1285 2022/08/09 City Council Regular Meeting Minutes Page 3 RESOLUTION NO. 2022-181 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR THE “RMRA MAJOR PAVEMENT REHABILITATION FISCAL YEAR 2020/21 (STM0401)” PROJECT TO EAGLE PAVING COMPANY INC., AND APPROPRIATING FUNDS THEREFOR (4/5 Vote Required) 5.5 Agreement Amendment: Approve an Amendment to the Agreement with Kleinfelder Construction Services, Inc. for On-Call CIP Construction Management Consulting Services to Increase the Maximum Compensation Amount During the Third Option Term Adopt a resolution approving an amendment to the Consultant Services Agreement with Kleinfelder Construction Services, Inc. for On-Call CIP Construction Management Consulting Services to increase the maximum compensation during the third option term from $1,000,000 to $2,000,000. RESOLUTION NO. 2022-182 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT FOR OPTION NO. 3 FOR THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND KLEINFELDER CONSTRUCTION SERVICES 5.6 Ambulance Maintenance: Waive the Competitive Bid Process and Approve the Use of BIT Pros Inc. as an Authorized Repair Shop for City Ambulances Approve a resolution waiving the competitive bid process and approving the use of BIT Pros Inc. as an authorized repair shop for City ambulances through June 30, 2027. RESOLUTION NO. 2022-183 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BID PROCESS AND APPROVING THE USE OF BIT PROS INC. AS AN AUTHORIZED REPAIR SHOP FOR CITY AMBULANCES THROUGH JUNE 30, 2027 5.9 Agreement Amendment: Approve the First Amendment to the Agreement with Granicus for Short-Term Rental Consulting Services Adopt a resolution approving the first amendment to an agreement with Granicus for short-term rental consulting services for an additional two years resulting in a 5- year term and not-to-exceed amount of $130,000. RESOLUTION NO. 2022-185 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GRANICUS FOR SHORT-TERM RENTAL CONSULTING SERVICES ITEMS REMOVED FROM THE CONSENT CALENDAR 5.7 Agreement: Waive Competitive Bid Requirements and Approve an Agreement with Hyder & Company for Property Management Services Item 5.7 was continued to a future meeting. 2022/12/06 City Council Post Agenda Page 61 of 1285 2022/08/09 City Council Regular Meeting Minutes Page 4 5.8 Agreement and Appropriations: Approve an Agreement with Ace Parking for Parking Management and Enforcement in the Downtown Parking District and Maintenance Services for the Towne Center Parking Structure and Appropriate Funds For That Purpose Director of Finance Schoen and Revenue Manager Alomar responded to questions of the Council. Moved by Councilmember Galvez Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-184, 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. 2022-184 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 IN THE DOWNTOWN PARKING DISTRICT AND MAINTENANCE SERVICES FOR THE TOWNE CENTER PARKING STRUCTURE AND APPROPRIATING FUNDS THEREFOR (4/5 Vote Required) 6. PUBLIC COMMENTS Kim Ball spoke regarding a complaint she filed with the Police department and various other topics. 7. ACTION ITEMS 7.1 Employee Compensation and Positions: Approve Amended Classification Plan; Position Counts in Departments; Amended City Manager Employment Agreement; Salary Adjustments for Certain Positions; Revised Compensation Schedule; and Budget Amendments Deputy City Manager Allen announced that approval of the item would affect executive compensation. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To adopt Resolution Nos. 2022-186 through 2022-189, headings 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. 2022-186 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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 2022/12/06 City Council Post Agenda Page 62 of 1285 2022/08/09 City Council Regular Meeting Minutes Page 5 B) RESOLUTION NO. 2022-187 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SALARY ADJUSTMENT FOR THE CITY MANAGER AND AMENDING THE CITY MANAGER EMPLOYMENT AGREEMENT C) RESOLUTION NO. 2022-188 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022-2023 COMPENSATION SCHEDULE EFFECTIVE AUGUST 12, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 D) RESOLUTION NO. 2022-189 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022/23 BUDGET FOR APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 7.2 Proposed Charter Update: Consider Final Approval of a Comprehensive Charter Update Measure for Placement on the November 2022 Ballot Deputy City Attorney McClurg gave a presentation on the item. Charter Review Commission Chair Scofield made comments on behalf of the Commission. Moved by Councilmember Padilla Seconded by Councilmember McCann To adopt Resolution No. 2022-190, as amended to revise Charter Section 303(A)(5) to read "is removed from office by judicial procedure or other state law proceeding." The heading 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. 2022-190 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) AMENDING RESOLUTION NO. 2022-150 CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022; 2) ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO COMPREHENSIVELY AMEND THE CHARTER OF THE CITY OF CHULA VISTA; 3) AUTHORIZING THE CITY COUNCIL’S DESIGNEE TO SUBMIT BALLOT ARGUMENTS IN FAVOR OF THE MEASURE; 4) DIRECTING THE CITY ATTORNEY, WITH ASSISTANCE FROM THE CITY CLERK, AS APPROPRIATE, TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE; AND 5) APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 8. CITY MANAGER’S REPORTS 8.1 Discussion Regarding the Overdose Detection Mapping Application Program (ODMAP) Deputy Fire Chief Smith and Police Lieutenant Giaime gave a presentation regarding the Overdose Detection Mapping Application Program (ODMAP). Dave King representing San Diego HIDTA gave an introduction. Public Health Analyst Sandi Tut representing CDC Foundation gave a presentation. 2022/12/06 City Council Post Agenda Page 63 of 1285 2022/08/09 City Council Regular Meeting Minutes Page 6 Code Enforcement Manager El-Khazen and Fire Division Chief Gipson gave an update on the commercial property at 4014 Bonita Road. At the request of Councilmember Galvez, there was consensus of the Council to direct staff to draft a property maintenance ordinance for consideration. 9. MAYOR’S REPORTS 9.1 Consideration of Appointment of a Voting Delegate and Alternates for the 2022 League of California Cities Annual Conference to be Held in Long Beach, September 7 - 9 Moved by Councilmember Padilla Seconded by Councilmember McCann To appoint Mayor Casillas Salas as the Voting Delegate at the 2022 League of California Cities Annual Conference. 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) 9.2 Ratification of Appointment of Salvatore Denaro to the Christopher Columbus Statue and Discovery Park Task Force Moved by Councilmember Padilla Seconded by Mayor Casillas Salas To ratify the above appointment of Salvatore Denaro to the Christopher Columbus Statue and Discovery Park Task Force. 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) 9.3 Boards and Commissions: Consideration of Annual Reappointments A. REAPPOINTMENTS TO FIRST TERMS (Initial term less than two years)  Tim Aufmuth, Commission on Aging  Kate Bishop, Cultural Arts Commission  Daniel Zavala, Cultural Arts Commission B. REAPPOINTMENTS TO SECOND TERMS  David Luli, Board of Appeals and Advisors  Anthony Sclafani, Board of Appeals and Advisors  Carmen Torres, Board of Ethics  Roselle Ellison, Board of Library Trustees  Jasmine Rubel, Board of Library Trustees  Rachel McDonald-Hernandez, Charter Review Commission 2022/12/06 City Council Post Agenda Page 64 of 1285 2022/08/09 City Council Regular Meeting Minutes Page 7  James Scofield, Charter Review Commission  Sophia Gray, Cultural Arts Commission  Lee Kohse, Cultural Arts Commission  Taylor Ward, Cultural Arts Commission  Petrina Branch, Human Relations Commission  Nadia Kean-Ayub, Human Relations Commission  Ricardo Medina, Human Relations Commission  Curtis Moore, International Friendship Commission  Manolo Guillen, Measure A Citizens’ Oversight Committee  David Stucky, Measure A Citizens’ Oversight Committee  John Volland, Measure A Citizens’ Oversight Committee  Paula Whitsell, Mobilehome Rent Review Commission  Nicole Enriquez, Parks and Recreation Commission  Jon Milburn, Planning Commission  Pedro Orso-Delgado, Safety Commission Moved by Councilmember Galvez Seconded by Mayor Casillas Salas To reappoint the individuals listed above to their first term. 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 McCann Seconded by Councilmember Padilla To reappoint the individuals listed above to their second term. 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) 10. COUNCILMEMBERS’ COMMENTS Deputy Mayor Cardenas thanked staff for their work on the Charter revisions. Councilmember McCann spoke regarding his attendance at the following recent events: the Chula Vista police officer swearing-in ceremony; the second annual Filipino American Festival; Art for Warriors event at Otay Ranch Mall; the Bayfront groundbreaking event and the Farm to Bay fundraiser. Councilmember Padilla congratulated the Filipino community, and spoke regarding the recent passing of President of the Republic of the Philippines, Fidel V. Ramos. Councilmember Galvez spoke regarding her attendance at the following events: National Night Out; Farm to Bay fundraiser; Meadow Park grand opening; the Chula Vista 2022/12/06 City Council Post Agenda Page 65 of 1285 2022/08/09 City Council Regular Meeting Minutes Page 8 Charitable Foundation grant awards event; and the public servant's appreciation lunch event at the Funeraria De Angel. She congratulated CCDC for reaching the $6 million mark in grants. Mayor Casillas Salas spoke regarding a Holocaust exhibit fundraiser and stated the Holocaust exhibit would be followed by a Filipino exhibit. 11. CITY ATTORNEY'S REPORTS There were none. 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 7:03 p.m. The Council convened in Closed Session at 7:22 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: Rosa Winkler v City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2020-00023719-CU-PA-CTL Action: No reportable action. 12.2 Public Employee Performance Evaluation Pursuant to Government Code Section 54957 Title: City Manager Action: Pending finalization of contract. 13. ADJOURNMENT The meeting was adjourned at 6:53 p.m. Minutes prepared by: Cristina Hernandez, City Clerk Analyst _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/12/06 City Council Post Agenda Page 66 of 1285 SPECIAL MEETING OF THE HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA Meeting Minutes August 23, 2022, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Mayor Casillas Salas Excused: Councilmember Padilla 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 2022/03/15 Minutes – City Council and Housing Authority Meeting Minutes order presented except for Items 8.1 and 9.2 which were heard following the Pledge of Allegiance; and Public Comments, the Consent Calendar, Item 7.1, and Item 5.6, were heard in that order following Item 9.2. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council and a special meeting of the Housing Authority of the City of Chula Vista was called to order at 5:03 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. Mayor Casillas Salas left the meeting at 9:18 p.m. 2022/12/06 City Council Post Agenda Page 67 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 2 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Cardenas led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Oath of Office Item not heard. 4.2 Presentation by Claire Lion and Clovis Honore of GRID Alternatives Regarding a Solar Energy Program for Low-Income Residents Item not heard. 4.3 Presentation from Marketing and Communications Manager Anne Steinberger and Third Avenue Village Association District Director Dominic LiMandri Regarding the Chula Vista Block Party and other Third Avenue Events Item not heard. 5. CONSENT CALENDAR (Items 5.1 through 5.12) City Clerk Bigelow announced that a request for an excused absence from Councilmember Padilla for Item 5.2 and a revised Resolution A and Attachment 1 for Item 5.10 had been distributed to the Council, and that action on the items would be with respect to those documents. Moved by Councilmember McCann Seconded by Deputy Mayor Cardenas To approve the recommended actions appearing below consent calendar Items 5.1 through 5.5 and 5.7 through 5.12. The headings were 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) 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 Request for Excused Absences 2022/12/06 City Council Post Agenda Page 68 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 3 Approve an excused absence for Councilmember Padilla for this Council meeting. 5.3 Appropriation: Appropriate Funds to the “Sidewalk Replacement Fiscal Year 2020/21 (STL0448)” Project from the TransNet Fund for Contract Change Orders with Just Construction, Inc. Adopt a resolution approving the appropriation of $96,000 from the available balance of the TransNet Fund to the Sidewalk Replacement Fiscal Year 2020/21 (STL0448) Project for contract change orders with Just Construction, Inc. (4/5 Vote Required) Item 5.3 heading: RESOLUTION NO. 2022-191 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $96,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO THE SIDEWALK REPLACEMENT FISCAL YEAR 2020/21 (STL0448) PROJECT FOR CONTRACT CHANGE ORDERS WITH JUST CONSTRUCTION, INC. (4/5 VOTE REQUIRED) 5.4 Agreements: Approve Agreements with Kitchell CEM, Inc., OCMI, Inc., Project Professionals Corporation, and Schneider CM Inc. to Provide On-Call Building Construction Management Consulting Services Adopt a resolution approving agreements with Kitchell CEM, Inc., OCMI, Inc., Project Professionals Corporation, and Schneider CM Inc. to provide construction management consultant services for various building-related Capital Improvement Program (CIP) Projects and other City projects. Item 5.4 heading: RESOLUTION NO. 2022-192 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONSULTANT SERVICES AGREEMENTS BETWEEN THE CITY AND KITCHELL CEM, INC., OCMI INC., PROJECT PROFESSIONALS CORPORATION, AND SCHNEIDER CM TO PROVIDE ON-CALL BUILDING CONSTRUCTION MANAGEMENT CONSULTING SERVICES 2022/12/06 City Council Post Agenda Page 69 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 4 5.5 Agreements: Approve Agreements with Ardurra Group Inc., DUDEK, Kleinfelder Construction Services, Inc., and Project Professionals Corporation to Provide On-Call Capital Improvement Program (CIP) Construction Management Consulting Services Adopt a resolution approving agreements with Ardurra Group I nc., DUDEK, Kleinfelder Construction Services Inc., and Project Professionals Corporation to provide construction management services for various City infrastructure Capital Improvement Program (CIP) Projects. Item 5.5 heading: RESOLUTION NO. 2022-193 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONSULTANT SERVICES AGREEMENTS BETWEEN THE CITY AND ARDURRA GROUP INC., DUDEK, KLEINFELDER CONSTRUCTION SERVICES INC. AND PROJECT PROFESSIONALS CORPORATION TO PROVIDE ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING 5.7 Agreement: Approve a Community Purpose Facilities Agreement for Millenia Sectional Planning Area Adopt a resolution approving the Community Purpose Facilities (CPF) Agreement for the Millenia Sectional Planning Area. Item 5.7 heading: RESOLUTION NO. 2022-195 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COMMUNITY PURPOSE FACILITIES AGREEMENT BETWEEN THE CITY AND SLF IV – MILLENIA, LLC 5.8 Investment Report: Quarter Ending June 30, 2022 Accept the investment report for the quarter ending on June 30, 2022. Acceptance of an investment report for the quarter ending on June 30, 2022. 5.9 Agreement: Approve an Agreement with Golden Bell Products, Inc. to Provide Vermin Eradication Services Adopt a resolution approving an agreement with Golden Bell Products, Inc. to provide sewer collection systems vermin eradication services for a 2022/12/06 City Council Post Agenda Page 70 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 5 five-year term starting September 1, 2022 with a not -to-exceed contract amount of $260,000 over the five-year term. Item 5.9 heading: RESOLUTION NO. 2022-196 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR VERMIN ERADICATION SERVICES BETWEEN THE CITY AND GOLDEN BELL PRODUCTS, INC. 5.10 Affordable Housing: Balanced Communities Affordable Housing Agreements to Transfer a 38-Unit Obligation from Otay Ranch Village 3 to Otay Ranch Village 8 East Adopt resolutions: A) Approving a first amendment to the existing Balanced Communities Affordable Housing Agreement for Otay Ranch Village 3 to transfer a 38-unit affordable housing unit obligation to Otay Ranch Village 8 East and B) Approving an affordable housing transfer agreement between the City and HomeFed Otay Land II, LLC , to move the 38-unit obligation from Otay Ranch Village 3 to Otay Ranch Village 8 East. Item 5.10 heading: A) RESOLUTION NO. 2022-197 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE BALANCED COMMUNITIES HOUSING AGREEMENT FOR OTAY RANCH VILLAGE 3 BETWEEN THE CITY AND HOMEFED VILLAGE III MASTER, LLC, FLAT ROCK LAND COMPANY, LLC, AND HOMEFED OTAY LAND II, LLC B) RESOLUTION NO. 2022-198 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AFFORDABLE HOUSING TRANSFER AGREEMENT FOR OTAY RANCH VILLAGE 8 EAST BETWEEN THE CITY AND HOMEFED OTAY LAND II, LLC 5.11 Purchase Award and Appropriation: Waive the Competitive Bid Process, Approve the Purchase of Ford Maverick XL Vehicles from Penske Ford La Mesa, and Appropriate Funds for that Purpose Adopt a resolution waiving the competitive bid process, authorizing the purchase of 12 Ford Maverick vehicles from Penske Ford La Mesa, and 2022/12/06 City Council Post Agenda Page 71 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 6 appropriating funds in the amount of $375,000 for that purpose. (4/5 Vote Required) Item 5.11 heading: RESOLUTION NO. 2022-199 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BID PROCESS, AUTHORIZING THE PURCHASE OF FORD MAVERICK VEHICLES FROM PENSKE FORD LA MESA, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.12 Agreement: Waive Competitive Bid Requirements and Approve an Agreement with Hyder & Company for Property Management Services Adopt a resolution: (1) waiving competitive bidding requirements; (2) approving an agreement with Hyder & Company for property management services; and (3) authorizing the City Manager or designee to enter into the initial agreement for $12,600, and optional extensions, for a maximum contract period of five years and a not-to-exceed amount of $66,897. Item 5.12 heading: RESOLUTION NO. 2022-200 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA/ NO. 2022-006 OF THE CHULA VISTA HOUSING AUTHORITY (AS SUCCESSOR HOUSING ENTITY): (1) WAIVING THE COMPETITIVE FORMAL BID REQUIREMENTS; (2) APPROVING AN AGREEMENT BETWEEN THE CITY/HOUSING AUTHORITY AND HYDER & COMPANY FOR PROPERTY MANAGEMENT SERVICES; AND (3) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE INITIAL AGREEMENT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE FOUR ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT ITEM REMOVED FROM CONSENT CALENDAR 5.6 Agreement: Approve a Cooperative Purchasing Agreement with Sweep America Intermediate Holdings, LLC, dba Sweeping Corporation of America (SCA) for Street Sweeping Services 2022/12/06 City Council Post Agenda Page 72 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 7 Councilmember Galvez reported receiving concerns from the community regarding the quality of street sweeping services. Moved by Councilmember Galvez Seconded by Deputy Mayor Cardenas To adopt a Resolution No. 2022-194, heading 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) Item 5.6 heading: RESOLUTION NO. 2022-194 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE PURCHASING AGREEMENT FOR STREET SWEEPING SERVICES BETWEEN THE CITY AND SWEEP AMERICA INTERMEDIATE HOLDINGS, LLC DBA SWEEPING CORPORATION OF AMERICA 6. PUBLIC COMMENTS The following members of the public expressed concern regarding pedestrian passage on Naples and Weisser Way:  Debra Mecum, Chula Vista resident, she also submitted a petition from residents.  Stanley Arthur, Chula Vista resident  Cesar Rivas, Chula Vista resident  Sarah Reddiconto, Chula Vista resident Wilma Orantes, Chula Vista resident, submitted request to speak but was not present when called. 7. PUBLIC HEARINGS 7.1 Community Facilities District Formation: Consider Authorizing the California Municipal Financing Authority to Form Community Facility District No. 2022-12 Through the Bond Opportunities for Land Development Program and Related Actions 2022/12/06 City Council Post Agenda Page 73 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 8 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. Moved by Councilmember McCann Seconded by Deputy Mayor Cardenas To adopt a Resolution No. 2022-201, heading 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) Item 7.1 A heading: RESOLUTION NO. 2022-201 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING FORMATION OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2022-12 (CITY OF CHULA VISTA – OTAY RANCH VILLAGE 3 PHASE II) THROUGH THE BOND OPPORTUNITIES FOR LAND DEVELOPMENT (BOLD) PROGRAM PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, AS AMENDED; APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND AUTHORIZING RELATED ACTIONS Moved by Deputy Mayor Cardenas Seconded by Councilmember McCann To adopt a Resolution No. 2022-202, heading 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) Item 7.1 B heading: RESOLUTION NO. 2022-202 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ACQUISITION/ FINANCING 2022/12/06 City Council Post Agenda Page 74 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 9 AGREEMENT RELATING TO CALIFORNIA MUNICIPAL FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2022-12 (CITY OF CHULA VISTA – OTAY RANCH VILLAGE 3 PHASE II) AND AUTHORIZING RELATED ACTIONS 8. BOARD AND COMMISSION REPORTS 8.1 Bayfront: Update by San Diego Port Commissioner Ann Moore on the Chula Vista Bayfront, Presentation by Proponent of a Mixed-Use Project and Potential Entertainment/Sports Complex, and Request for Preliminary City Council Input Port Commissioner Ann Moore gave a presentation on the item. Greg Mueller and Frederick McDonald, representing Tucker Sadler Architects gave a presentation on a potential project. Council discussion ensued. 9. ACTION ITEMS 9.1 Presentation of 2020 Community and Municipal Greenhouse Gas Emissions Inventories Conservation Specialist Downs gave a presentation on the item. Moved by Deputy Mayor Cardenas Seconded by Councilmember McCann To accept the report, heading read, text waived. The motion carried by the following vote: Yes (3): Deputy Mayor Cardenas, Councilmember Galvez, and Councilmember McCann Result, Carried (3 to 0) 9.2 Harborside Park: Report Regarding Increasing Safety Concerns at Harborside Park that Impact Harborside Elementary School and the Surrounding Community, and Consider Short- and Long-Term Measures to Secure the Park Principal Management Analyst Davis along with the following individuals gave a presentation on the item: City Manager Kachadoorian; Dr. Eduardo Reyes, Chula Vista Elementary School District Superintendent; Jaalin Cheng representing Billion Creation; Monica Crespo, Chula Vista resident; 2022/12/06 City Council Post Agenda Page 75 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 10 Park Ranger Program Manager Alzubaidi; Park Ranger Supervisor Herrera; Sr. Code Enforcement Officer Aguilera; Code Enforcement Officer Alforque; Police Captain Collum; and Fire Chief Mun s. Mayor Casillas Salas recessed the meeting at 6:34 p.m. The Council reconvened at 6:46 p.m., with all members present. The following members of the public spoke in opposition to staff's recommendation:  Mona Heather  Mandy Lien  Janis Wilds  Gabriel Cornejo  Delia Dominguez-Cervantes  Coleen Cusack  Franny Rose  Christine Brady The following members of the public expressed concern regarding the activities at Harborside Park:  Marianna Saponara  Cesar Fernandez  Carmen Valenzuela  Francisco Tomayo  Leonardo Vanegas The following members of the public expressed concern regarding homelessness:  Mari Meza  Sabrina Weddle  Tim Schneider  Martha Sullivan  Armando Farias 2022/12/06 City Council Post Agenda Page 76 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 11  Gabriel Cornejo  Brett Stevens  Ammar Campa-Najjar  Rita McIntyre  Brandon Claypool Anthony Millican spoke in support of increased police services. Joseph Rubio representing McAlister Institute - Work for Hope, and on behalf of Adrienne Karalis, Jeffrey Mesa, Gary Southards, Ramon Guerrero, Benjamin Sandoval, Arquimedez Benitez, Kenneth Bolirt spoke regarding resources for the homeless community. The following members of the public submitted written communications in support of staff's recommendation.  Christina Kim  Nicole Campbell Alan C., Chula Vista resident, submitted written communications in opposition to staff's recommendation. Council discussion ensued. At the request of Councilmember Galvez there was a consensus of the Council to direct staff to start a conversation regarding lending Harborside Park to the Chula Vista Elementary School District. Moved by Deputy Mayor Cardenas Seconded by Councilmember McCann To adopt a Resolution No. 2022-203, heading 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) Item 9.2 heading: RESOLUTION NO. 2022-203 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (1) APPROVING A TEMPORARY 90-DAY CLOSURE OF HARBORSIDE PARK TO PROTECT PUBLIC HEALTH AND SAFETY 2022/12/06 City Council Post Agenda Page 77 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 12 WITH THE OPTION TO EXTEND CLOSURE AT THE CITY MANAGER’S DISCRETION; (2) WAIVING FORMAL AND INFORMAL BIDDING REQUIREMENTS TO PROCURE TEMPORARY FENCING, SECURITY SERVICES, PUBLIC OUTREACH SERVICES AND PERMANENT FENCING, AS APPROPRIATE; (3) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO CONTRACTS OR EXECUTE DOCUMENTS NECESSARY TO SECURE THE PARK AND CONDUCT PUBLIC OUTREACH; (4) APPROPRIATING FUNDS FROM THE GENERAL FUND THEREFOR (4/5 VOTE REQUIRED) 10. CITY MANAGER’S REPORTS There were none. 11. MAYOR’S REPORTS There were none. 12. COUNCILMEMBERS’ COMMENTS Councilmember McCann thanked staff for developing a plan for Harborside Park. He spoke of his attendance at the following recent events: Appreciation lunch at Funeraria del Angel, the Lemon Festival and Remember the Holocaust brunch. 13. CITY ATTORNEY'S REPORTS There were none. 14. 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 Items 14.2 A and B. He stated that Items 14.1 and 14.2 C would be trailed to a future meeting. Deputy Mayor Cardenas recessed the meeting at 9:34p.m. The Council convened in Closed Session at 9:38 p.m., with all members present. 14.1 Conference with Legal Counsel Regarding Initiation of Litigation Pursuant to Government Code Section 54956.9(c): One Case 2022/12/06 City Council Post Agenda Page 78 of 1285 2022/08/23 Minutes – City Council and Housing Authority Meeting Minutes Page 13 Item 14.1 was not discussed 14.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9 (d)(1) A) Name of Case: Zoraida Baiza, et al. v. City of Chula Vista, et al, San Diego Superior Court, Case No. 37-2021-00005268-CU-PO-CTL. ACTION: Pending finalization of settlement B) Name of Case: Chula Vista v. Orr Builders et al., San Diego Superior Court, Case No. 37-2019-00047190-CU-CD-CTL. ACTION: No Reportable Action C) Name of Case: Benito Leo Millete, et al. v. Chula Vista Police Department, et al., San Diego Superior Court, Case No. 37-2022- 00017223-CU-CR-CTL. Item 14.2 C was not discussed 15. ADJOURNMENT The meeting was adjourned at 9:46 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/12/06 City Council Post Agenda Page 79 of 1285 2022/09/13 City Council Regular Meeting Minutes Page 1 City of Chula Vista Regular Meeting of the City Council Meeting Minutes September 13, 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 5:07 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 Galvez led the Pledge of Allegiance and Mayor Casillas Salas called for a moment of silence in honor of Deputy City Attorney Simon Silva. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation by Claire Lion and Clovis Honore of GRID Alternatives Regarding a Solar Energy Program for Low-Income Residents Ms. Lion and Mr. Honore, representing GRID Alternatives, gave a presentation on the item. 2022/12/06 City Council Post Agenda Page 80 of 1285 2022/09/13 City Council Regular Meeting Minutes Page 2 5. CONSENT CALENDAR (Items 5.1 through 5.5) Mayor Casillas Salas announced that Item 5.4 was withdrawn at the request of staff. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3 and Item 5.5 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 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. 5.3 Contract Award and Appropriation: Award a Contract for the “Installation of Lead Pedestrian Interval Signal Operations (TRF0418)” Project to Baker Electric & Renewables and Appropriate Funds for that Purpose Adopt a resolution accepting bids, awarding a contract for the “Installation of Lead Pedestrian Interval Traffic Signal Operations (TRF0418)” project to Baker Electric & Renewables, and appropriating $200,000 for that purpose. (4/5 Vote Required) Item 5.3 heading: RESOLUTION NO. 2022-204 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING A CONTRACT FOR THE “INSTALLATION OF LEAD PEDESTRIAN INTERVAL SIGNAL OPERATIONS (TRF0418)” PROJECT TO BAKER ELECTRIC & RENEWABLES; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.5 Purchase Agreement: Approve Agreement with So Cal Penske Dealer Group for Ford Interceptor Utility Hybrid Vehicles Adopt a resolution approving an agreement with So Cal Penske Dealer Group to purchase nineteen Ford Interceptor Utility Hybrid vehicles. Item 5.5 heading: RESOLUTION NO. 2022-205 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AWARDING AGREEMENT WITH SO CAL PENSKE DEALER GROUP FOR FORD INTERCEPTOR UTILITY HYBRID VEHICLES 2022/12/06 City Council Post Agenda Page 81 of 1285 2022/09/13 City Council Regular Meeting Minutes Page 3 ITEM REMOVED FROM CONSENT CALENDAR 5.4 Deed Restrictions: Approve Deed Restrictions on Park Properties as Required as Conditions of Grant Awards Item 5.4 was withdrawn by staff and was not heard at that meeting. 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident, distributed written communications and spoke regarding a residential landlord tenant ordinance. Theresa Acerro, Chula Vista resident, submitted written communications regarding Form 700 filings. Rita McIntyre, Chula Vista resident, spoke regarding homelessness and Harborside Park. 7. PUBLIC HEARINGS 7.1 General Plan Update: Approve Amendments to the Housing Element Update of the General Plan for the 2021-2029 Planning Period 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. Principal Planner Donaghe gave a presentation on the item. 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. Moved by Councilmember McCann Seconded by Councilmember Galvez To adopt Resolution No. 2022-206, 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. 2022-206 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE HOUSING ELEMENT UPDATE OF THE GENERAL PLAN FOR THE 2021-2029 PLANNING PERIOD 8. ACTION ITEMS 8.1 Affordable Housing Policy: Consider Amendments to the Guidelines to the Balanced Communities Policy to Remove Exemptions and Variances from the Policy Sr. Planner Hernandez gave a presentation on the item. She and Housing Manager Kurz responded to questions of the Council. Council discussion ensued. 2022/12/06 City Council Post Agenda Page 82 of 1285 2022/09/13 City Council Regular Meeting Minutes Page 4 Roy Mikha spoke in opposition to staff's recommendation. Robert Johnson submitted written communications in opposition to staff's recommendation. Moved by Mayor Casillas Salas Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-207, 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. 2022-207 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING GUIDELINES TO THE BALANCED COMMUNITIES (INCLUSIONARY HOUSING) POLICY 8.2 Tobacco Sales: Consider Prohibiting Flavored Tobacco Sales within the City of Chula Vista Sr. Planner Hernandez and Housing Manager Kurz gave a presentation on the item and responded to questions of the Council. Mayor Casillas Salas recessed the meeting at 6:22 p.m. The Council reconvened at 6:32 p.m., with all members present except Councilmember Padilla who rejoined the meeting at 6:37 p.m. The following members of the public spoke in support of staff's recommendation:  Adrian Kwiatkowski, representing San Diego vs. Big Tobacco  Jim Crittenden, representing San Diego County Office of Education  Debbie Kelly  John Noriega who also spoke on behalf of Yuagheipsy R. Lopez  Lila Careaga, Sweetwater High School student and student board representative  Jennifer Carbuccia, representing Sweetwater Union High School District; she also paid tribute to Deputy City Attorney Simon Silva  Leo Hso, representing Sweetwater High School District  Laisha Felix, representing San Diego Pediatricians for Clean Air & Academy of Pediatrics  Dani Fincher, Bonita Vista High School student  Daniela Radash Kevich  Sebastian Rodriguez  Eiffel Sunga  Liz Murphy  Lynda Barbour, representing American Cancer Society/Cancer Action Network  Jim Bartell  Chelsea Vircks, representing American Heart Association  Aida Castaneda, representing San Diego vs. Big Tobacco  Becky Rapp 2022/12/06 City Council Post Agenda Page 83 of 1285 2022/09/13 City Council Regular Meeting Minutes Page 5  Jessica Newmyer, representing the American Heart Association  Lindsey Freitas, representing Campaign for Tobacco Free Kids  Riley Steinley  Dr. Sara Valladolid The following members of the public submitted a request to speak in support of staff's recommendation but were not present when called:  Salvador Garcia  Manuel Andrade The following members of the public submitted written communications in support of staff's recommendation:  Blanca Roldan  Manuel Andrade, representing Social Advocates for Youth  Salvador Garcia  Dr. Phillip Gardner, representing African American Tobacco Control Leadership Council The following members of the public submitted written communications in support of staff's recommendation, but did not wish to speak:  Cynthia Knapp, representing SAY San Diego  Josephine Knapp  Wayne Rusin  Raul Tellez The following members of the public spoke in opposition to staff's recommendation:  Roy Mikha  Hayley Hodges, National Association of Tobacco Outlets  Randy Sadiq  Ramon Mansour also spoke on behalf of Sam Hanna  Tiana Estrada  Amar Nadem  Louis Giovanni  Arkan Somo, representing Neighborhood Market Association, who also spoke on behalf of Miranda Diego representing the 420 Smoke Shop  Gisel Brambila  Joseph Saad Christopher Hudgins, representing National Hookah Community Association, submitted written communications expressing a neutral position on staff's recommendation. 2022/12/06 City Council Post Agenda Page 84 of 1285 2022/09/13 City Council Regular Meeting Minutes Page 6 Mayor Casillas Salas announced that she had received a text in opposition to staff's recommendation. Mayor Casillas Salas recessed the meeting at 7:45 p.m. The Council reconvened at 7:55 p.m., with all members present Council discussion ensued. Moved by Mayor Casillas Salas Seconded by Councilmember Padilla To place the below 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) Item 8.2 heading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 5.56 (TOBACCO RETAILER) TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS (FIRST READING) Councilmember Galvez moved to add a proposal that Chula Vista limit sales of vaping products to a maximum of 2% nicotine. The motion failed for lack of a second. 9. CITY MANAGER’S REPORTS City Manager Kachadoorian gave an update on Harborside Park and thanked staff for their efforts in cleaning the park. 10. MAYOR’S REPORTS Mayor Casillas Salas spoke about her attendance at a meeting regarding the SDSU Cinematic Arts Center coming to the City. Mayor Casillas Salas paid tribute to Deputy City Attorney Simon Silva. 11. COUNCILMEMBERS’ COMMENTS Councilmembers Galvez, Cardenas, Padilla and McCann paid tribute to Deputy City Attorney Simon Silva. 12. CITY ATTORNEY'S REPORTS City Attorney Googins paid tribute to Deputy City Attorney Simon Silva. 13. CLOSED SESSION 13.1 Conference with Legal Counsel Regarding Initiation of Litigation Pursuant to Government Code Section 54956.9(c): One Case Item 13.1 was not discussed. 2022/12/06 City Council Post Agenda Page 85 of 1285 2022/09/13 City Council Regular Meeting Minutes Page 7 14. ADJOURNMENT Mayor Casillas Salas adjourned the meeting in memory of Deputy City Attorney Simon Silva. The meeting was adjourned at 9:15 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/12/06 City Council Post Agenda Page 86 of 1285 Page 1 City of Chula Vista Regular Meeting of the City Council Meeting Minutes September 27, 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 Vist a was called to order at 5:07 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 Galvez led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office for Planning Commission:  Jimmy Combs  Bryan Felber City Clerk Bigelow administered the oaths of office and Councilmembers Padilla and McCann presented certificates to Commissioners Combs and Felber. 4.2 Presentation by Marketing and Communications Manager Anne Steinberger and Third Avenue Village Association District Director Dominic LiMandri Regarding the Chula Vista Block Party and other Third Avenue Events 2022/12/06 City Council Post Agenda Page 87 of 1285 2022/09/27 Minutes - City Council - Regular Meeting Page 2 Marketing and Communications Manager Steinberger and Third Avenue Village Association District Director LiMandri gave a presentation on the item. 4.3 Presentation of a Proclamation Proclaiming September 2022 as Ovarian Cancer Awareness Month in the City of Chula Vista Mayor Casillas Salas read the proclamation, and Councilmember Cardenas presented it to Hilary Theakston, representing The Clearity Foundation. 5. CONSENT CALENDAR (Items 5.1 through 5.7) Items 5.4 through 5.7 were removed from the consent calendar by a member of the public. Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended action appearing below consent calendar Items 5.1 through 5.3. 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) 5.1 Approval of Meeting Minutes Approve the minutes dated: January 11, 14, 15, 18, 2022. 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 Approve an excused absence request from Councilmember McCann for the September 20, 2022, Special City Council meeting. ITEMS REMOVED FROM THE CONSENT CALENDAR 5.4 Tobacco Sales: Consider Prohibiting Flavored Tobacco Sales within the City of Chula Vista Alan C. spoke in opposition to staff's recommendation. Adrian Kwiatkowski, representing San Diegans vs. Big Tobacco, spoke in support of staff's recommendation. The following members of the public submitted written communications in support of staff's recommendation:  Mary Pinto Badinar  Blanca Roldan  Manuel Andrade  Salvador Garcia 2022/12/06 City Council Post Agenda Page 88 of 1285 2022/09/27 Minutes - City Council - Regular Meeting Page 3  Dr. Phillip Gardiner representing the African Tobacco Control Leadership Council The following members of the public submitted written communications in opposition to staff's recommendation:  Robert Johnson  Marlon Mansour Christopher Hudgins submitted written communications expressing a neutral position on staff's recommendation. Moved by Councilmember Padilla Seconded by Mayor Casillas Salas To adopt Ordinance No. 3525, 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) Item 5.4 heading: ORDINANCE NO. 3525 OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 5.56 (TOBACCO RETAILER) TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS (SECOND READING AND ADOPTION) 5.5 Conflict of Interest Code: Modify the List of Officials, Candidates, and Designated Employees Who are Required to File Periodic Statements of Economic Interests (Form 700) and Their Disclosure Categories Alan C. spoke regarding the item. Moved by Councilmember Padilla Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-208, 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) Item 5.5 heading: RESOLUTION NO. 2022-208 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF OFFICIALS, CANDIDATES, AND DESIGNATED EMPLOYEES WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS AND THE DISCLOSURE CATEGORIES FOR SAID FILERS 2022/12/06 City Council Post Agenda Page 89 of 1285 2022/09/27 Minutes - City Council - Regular Meeting Page 4 5.6 Grant Acceptance and Appropriation: Accept Funds from The San Diego Foundation to Create and Implement an Age-Friendly Business and Business District Toolkit and Designation Program Alan C. spoke regarding the item. Moved by Councilmember Padilla Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-209, heading read, text waived. The motion carried by the following roll call vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Item 5.6 Heading RESOLUTION NO. 2022-209 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE SAN DIEGO FOUNDATION AGE-FRIENDLY COMMUNITIES GRANT TO CREATE AND IMPLEMENT AN AGE-FRIENDLY BUSINESS DESIGNATION AND BUSINESS DISTRICT AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.7 Agreement: Approve a Brush Clearance Services Agreement with Kingsborough Atlas Tree Surgery, Inc. Alan C. spoke regarding the item. Moved by Councilmember Padilla Seconded by Mayor Casillas Salas To adopt Resolution No. 2022-210, heading read, text waived. The motion carried by the following roll call vote: Yes (5): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember McCann, Councilmember Padilla, and Mayor Casillas Salas Result, Carried (5 to 0) Item 5.7 heading: RESOLUTION NO. 2022-210 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND APPROVING AN AGREEMENT FOR BRUSH CLEARANCE SERVICES BETWEEN THE CITY AND KINGSBOROUGH ATLAS TREE SURGERY, INC. 6. PUBLIC COMMENTS Brandon Claypool, Chula Vista resident, expressed concern regarding issues related to homelessness. Alan C. spoke regarding traffic and the Bus-on-Shoulder pilot project. Marozana Banaga spoke regarding short-term rentals. 7. ACTION ITEMS 2022/12/06 City Council Post Agenda Page 90 of 1285 2022/09/27 Minutes - City Council - Regular Meeting Page 5 7.1 City Election: Report by City Clerk Kerry Bigelow Regarding Possible Outcomes of the November 2022 Election and Options to Address Potential Vacancies City Clerk Bigelow gave a presentation on the Item. She and outside legal counsel Alena Shamos, representing Colantuono, Highsmith & Whatley, responded to questions of the Council. Alan C. spoke regarding Measure K. The following members of the public spoke regarding the item:  John Moot, Chula Vista resident  Mary Cosio  Dan Smith Xi Jinping submitted written communications in support of the item. Alan C. submitted written communications in opposition to the item. Mayor Casillas Salas recessed the meeting at 6:35 p.m. The Council reconvened at 6:47 p.m., with all members present. 7.2 Parking Management: Approve the Downtown Chula Vista Parking Management Plan Report and Implement Recommendation Numbers 1, 9 and 11 of the Report Mayor Casillas Salas stated that she would abstain from participating in Item 7.2 due to a potential property-related conflict of interest. She left the dais during the discussion and voting on the item. Transportation Engineer Barker gave a presentation on the item and responded to questions of the Council. Christine Brady, Chula Vista resident, spoke in opposition to staff's recommendation No. 2. Deputy City Manager Allen requested Council feedback. Councilmember Galvez made the following suggestions: more community outreach on recommendation No. 2, to shift the parking enforcement time from 9:00 AM - 6:00 PM to 10:00 AM - 8:00 PM; to bring back an item in the near future regarding recommendation No. 4, to update wayfinding signage; and that the City considers valet parking options in the downtown area. Dominic LiMandri, representing the Downtown Chula Vista Association, stated that the Association did not have concerns with recommendations 1, 9, and 11, but had not had time to consider the other recommendations. 2022/12/06 City Council Post Agenda Page 91 of 1285 2022/09/27 Minutes - City Council - Regular Meeting Page 6 Moved by Deputy Mayor Cardenas Seconded by Councilmember Galvez To adopt Resolution No. 2022-211, 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) Item 7.2 heading: RESOLUTION NO. 2022-211 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DOWNTOWN PARKING MANAGEMENT PLAN REPORT DATED AUGUST 2022 7.3 Employment Agreement: Extend and Amend City Manager Employment Agreement Human Resources Director Chase announced that approval of the item would affect executive compensation. Moved by Councilmember Galvez Seconded by Deputy Mayor Cardenas To adopt Resolution No. 2022-212, 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) Item 7.3 heading: RESOLUTION NO. 2022-212 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY MANAGER EMPLOYMENT AGREEMENT TO EXTENT ITS TERM UNTIL JUNE 30, 2025, PROVIDE FOR TWO FIVE PERCENT ANNUAL SALARY INCREASES, AND PROVIDE STANDARD EXECUTIVE SEVERANCE BENEFITS 8. CITY MANAGER’S REPORTS There were none. 9. MAYOR’S REPORTS Mayor Casillas Salas congratulated former Police Captain Eric Thunberg and spoke of his accomplishments. 9.1 Ratification of Appointments to the Board of Ethics: Scott Wm. Davenport William Gersten 2022/12/06 City Council Post Agenda Page 92 of 1285 2022/09/27 Minutes - City Council - Regular Meeting Page 7 Jose Torres, Jr. Alexia Velissaropolos Moved by Councilmember McCann Seconded by Mayor Casillas Salas To ratify the above appointments. 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) 10. COUNCILMEMBERS’ COMMENTS Councilmembers McCann, Padilla, and Galvez congratulated former police Captain Eric Thunberg. Councilmember Galvez spoke regarding additional opportunities in the Police Department. At Councilmember Padilla's request, there was a consensus of the Council to direct the City Attorney and City Manager to draft an ordinance for Council consideration to establish a standing, council-appointed commission on police and community partnership. 10.1 Councilmember Padilla: At Councilmember Padilla's request, there was a consensus of the Council to support the 3rd Annual Southbay Rainbow Ride and Festival to be held at Otay Ranch Town Center on October 8, 2022. Nadia Kean-Ayub spoke in support of the item. The following members of the public submitted written comments in support of t he item:  Vere Ledesma  Sara Galvan  Lauren Mata  Alex Crespo  Alexa Ovenshire  Valerie Belloso  Robert Castillo  Teresa Beck  Kaylee Looper  Madison Beck  Kathy Mayer 11. CITY ATTORNEY'S REPORTS City Attorney Googins congratulated former Police Captain Thunberg and spoke of his accomplishments. He also expressed his appreciation to the Council and staff for their support of the family of Simon Silva. 2022/12/06 City Council Post Agenda Page 93 of 1285 2022/09/27 Minutes - City Council - Regular Meeting Page 8 12. ADJOURNMENT The meeting was adjourned at 7:48 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/12/06 City Council Post Agenda Page 94 of 1285 City of Chula Vista Regular Meeting of the City Council Meeting Minutes October 4, 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 5:06 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 Cardenas led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office for Board of Ethics: City Clerk Bigelow administered the oaths of office to Commissioners Davenport, Gersten, Torres, and Velissaropolos, and Councilmembers Cardenas, Galvez, McCann, and Padilla presented them with their certificates of appointment. 4.2 Presentation of a Proclamation to the Chula Vista Fire Department Proclaiming October 9 through October 15, 2022 as Fire Prevention Week in the City of Chula Vista Mayor Casillas Salas read the proclamation, and Councilmember McCann presented it to Fire Captain Sanders. 2022/12/06 City Council Post Agenda Page 95 of 1285 2022/10/04 Minutes - City Council - Regular Meeting Page 2 Fire Captain Sanders spoke regarding the Fire Department's upcoming open house. 5. CONSENT CALENDAR (Items 5.1 through 5.6) Moved by Mayor Casillas Salas Seconded by Councilmember McCann To approve the recommended actions appearing below consent calendar Items 5.1 through 5.6. 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: January 25, February 8 and 15, and March 1, 2022. 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 Purchase Agreement: Approve a Purchase Agreement with South Coast Fire Equipment for Two Pierce Fire Engine Pumper Apparatuses Through Measure P Adopt a resolution approving a purchase agreement with South Coast Fire Equipment for two Pierce Fire Engine Pumper Apparatuses in the amount of $2,203,851, in compliance with the Measure P Expenditure Plan. Item 5.4 heading: RESOLUTION NO. 2022-213 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH SOUTH COAST FIRE EQUIPMENT TO PURCHASE TWO PIERCE ARROW PUMPER APPARATUSES THROUGH THE MEASURE P EXPENDITURE PLAN 5.5 Records and Information Management (RIM): Amend the Citywide Records Management Program and Declare a Trusted System for the Management of City Records and the Automation of Retention Requirements Adopt resolutions A) Repealing Resolution No. 17577 and amending Council Policy 112-01, City-Wide Records Management Program, to update the City’s Records and Information Management Program and B) Declaring Laserfiche a Trusted System for the management of City records and the automation of retention requirements. 2022/12/06 City Council Post Agenda Page 96 of 1285 2022/10/04 Minutes - City Council - Regular Meeting Page 3 Item 5.5 headings: A) RESOLUTION NO. 2022-214 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 112-01 (THE CITYWIDE RECORDS MANAGEMENT PROGRAM) AND REPEALING RESOLUTION NO. 17577 IN ITS ENTIRETY B) RESOLUTION NO. 2022-215 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A TRUSTED SYSTEM FOR THE MANAGEMENT OF RECORDS AND THE AUTOMATION OF RETENTION REQUIREMENTS 5.6 Agreement and Appropriation: Approve a Memorandum of Understanding with Chula Vista Elementary School District for a School Resource Officer Program and Appropriate Funds for that Purpose Adopt a resolution approving a Memorandum of Understanding with Chula Vista Elementary School District for a School Resource Officer Program, appropriating $156,548 to the Police Department General Fund, and adding one Peace Officer to the authorized staffing level of the Police Department. (4/5 Vote Required) Item 5.6 heading: RESOLUTION NO. 2022-216 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM AND APPROPRIATING FUNDS FOR THAT PURPOSE (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS Rita McIntyre, Chula Vista resident, spoke regarding homelessness and child safety. Mary Cosio expressed concern regarding the costs of a potential special election. Robert Johnson submitted written communications regarding mask mandates and vaccines. 7. CITY MANAGER’S REPORTS There were none. 8. MAYOR’S REPORTS Mayor Casillas Salas spoke about her attendance at the following recent events: the unveiling of the Animal Care Facility mural by Ground Floor Murals, the Filipinos of South Bay Exhibit opening, and a reception for California Supreme Court Justice Patricia Guerrero. 9. COUNCILMEMBERS’ COMMENTS Councilmember McCann thanked the Park and Recreation Department for its 5K walk and spoke of his attendance at the following recent events: Chula Vista Women's Craft Fair, Tacos with a Cop, and the Filipinos of South Bay Exhibit opening. At Councilmember Padilla's request, there was a consensus of the Council to direct the City Attorney to work with Councilmember Padilla and Mayor Casillas Salas to draft 2022/12/06 City Council Post Agenda Page 97 of 1285 2022/10/04 Minutes - City Council - Regular Meeting Page 4 proposed revisions to the City's campaign contribution ordinance for City Council consideration. Councilmember Cardenas congratulated and thanked Ground Floor Murals for their work around the City, most recently at the Animal Care Facility. Councilmember Galvez spoke regarding a project to add a projection image to the walls of the Congregational Towers. She and Council Aide Lawton gave an update on the District 2 Senior Shuttle Program. 10. CITY ATTORNEY'S REPORTS There were none. 11. 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 5:58 p.m. The Council convened in Closed Session at 6:04 p.m., with all members present. 11.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of Case: Aimee Alexander v. The Prescott Companies, et al., San Diego Superior Court, Case No. 37-2020-00011388-CU-CO-CTL consolidated with Case No. 37-2021-00023487-CU-PO-CTL. ACTION: No Reportable Action B) Name of Case: Jacqueline Limon v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2021-00045866-CU-PA-CTL. ACTION: No Reportable Action 12. ADJOURNMENT The meeting was adjourned at 6:34 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk 2022/12/06 City Council Post Agenda Page 98 of 1285 v . 0 03 P a g e | 1 November 8, 2022 ITEM TITLE Building and Fire Codes: Adopt Various 2022 California Building and Fire Codes Report Number: 22-0266 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 Place ordinances on first reading amending Chula Vista Municipal Code chapters 15.06 (Administrative Provisions for the Technical Building Codes), 15.08 (Building Code), 15.09 (Residential Code), 15.10 (Referenced Standards Code), 15.12 (Green Building Standards), 15.14 (Existing Building Code), 15.16 (Mechanical Code), 15.24 (Electrical Code and Regulations), 15.26 (Energy Code), 15.28 (Plumbing Code), and 15.36 (Fire Code). (First Reading) SUMMARY The California Building Standards Commission (“CBSC”) has mandated that local jurisdiction within the State of California (“State”) start enforcing the 2022 Editions of the California building codes on January 1, 2023. The adoption of California building codes is a routine action undertaken by the City in response to State adopted building codes. This action allows the City to incorporate appropriate local amendments into the enforcement program. ENVIRONMENTAL REVIEW The Director of Development Services reviewed the proposed action for compliance with CEQA and determined that the action 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 action is not subject to CEQA. Thus, no environmental review is required. 2022/12/06 City Council Post Agenda Page 99 of 1285 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION On Monday, October 10, 2022, the Board of Appeals and Advisors unanimously recommended adoption of the various 2022 Editions of the California building codes. DISCUSSION As mandated by the CBSC, jurisdictions within the State are required to begin enforcing the 2022 Editions of the California building codes on January 1, 2023. Every three years, the State adopts and amends the newest model codes published by the various independent code-developing bodies. New State building codes take effect one- hundred and eighty (180) days after they are published to allow local jurisdictions time to adopt local amendments to the State building codes before they take effect. Local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions. Local amendments are not effective until adopted by the local jurisdictions and filed with the CBSC. Most of the proposed local amendments within the proposed ordinances are currently codified in the Chula Vista Municipal Code (“CVMC”) and are being proposed for re-adoption. The 2022 California codes are updated editions of the current codes that are enforced locally and throughout the State. Therefore, City staff does not anticipate that it will be difficult for staff or the building industry to incorporate the code requirements into their current practices. The following are brief discussions on the various ordinances adopting the 2022 building codes and fire code: Ordinance A – CVMC Chapter 15.06 -Administrative Provisions for the Technical Building Codes The proposed ordinance amends Municipal Code Section 15.06.080(B), Work Exempt from Permits, so that our local exemptions are consistent with the exemptions that are in the 2022 building codes. In addition, the proposed ordinance amends a building standard exemption to reduce the exempted fence height from needing a building permit from over 7 feet to over 6 feet, and to over 4 feet for freestanding masonry walls. Ordinance B – CVMC Chapter 15.08 - 2022 California Building Code The proposed ordinance adopts the 2022 California Building Code and proposes the re-adoption of existing local amendments to the current Building Code adopted by the City. Ordinance C – CVMC Chapter 15.09 - 2022 California Residential Code The proposed ordinance adopts the 2022 California Residential Code. Staff is not proposing any local amendments to the code. Ordinance D – CVMC Chapter 15.10 - 2022 California Referenced Standards Code The proposed ordinance adopts the 2022 California Referenced Standards Code. Staff is not proposing any local amendments to the code. 2022/12/06 City Council Post Agenda Page 100 of 1285 P a g e | 3 Ordinance E – CVMC Chapter 15.12 - 2022 California Green Building Standards Code The proposed ordinance adopts the 2022 California Green Building Standards Code and proposes the re- adoption of an existing non-technical local amendment to the current locally adopted Green Building Standards Code authorizing the Building Official to require the applicant to retain the services of a consultant having expertise in green building and/or energy efficiency techniques to review and evaluate complex systems. Ordinance F – CVMC Chapter 15.14 - 2022 California Existing Building Code The proposed ordinance adopts the 2022 California Existing Building Code. Staff is not proposing any local amendments to the code. Ordinance G – CVMC Chapter 15.16 - 2022 California Mechanical Code The proposed ordinance adopts the 2022 California Mechanical Code. Staff is not proposing any local amendments to the code. Ordinance H – CVMC Chapter 15.24 - 2022 California Electrical Code The proposed ordinance adopts the 2022 California Electrical Code and proposes the re-adoption of existing local amendments to the current Electrical Code previously adopted by the City. Ordinance I – CVMC Chapter 15.26 - 2022 California Energy Code The proposed ordinance adopts the 2022 California Energy Code and proposes the re-adoption of Sections 15.26.020, Outdoor lighting zones, and 15.26.050, Mandatory benchmarking and conservation requirements for multifamily and commercial buildings. Section 15.26.040, Mandatory energy efficiency requirements for additions to single-family homes and condos, is not being proposed for re-adoption. Pursuant to State law, Section 15.26.040 sunsets when the current State code sunsets. Staff anticipates bringing forward similar requirements that are based on the 2022 California Energy Code and are in compliance with the California Energy Commission’s approval process at a later date. Ordinance J – CVMC Chapter 15.28 - 2022 California Plumbing Code The proposed ordinance adopts the 2022 California Plumbing Code and proposes the re-adoption of Section 15.28.020, Residential Graywater Stub-out with a minor change to exclude Accessory Dwelling Units from the requirement. Ordinance K – CVMC Chapter 15.36 - 2022 California Fire Code The proposed ordinance repeals existing Chapter 15.36 of the CVMC and adopts a new Chapter 15.36 setting forth the 2022 California Fire Code and all local amendments. In addition to the adoption of the 2022 California Fire Code, the ordinance further proposes the re-adoption of existing local amendments with some minor additions and adjustments. Highlights of the new substantive amendments include aligning certain operational permits with the City’s adopted Master Fee Schedule, clarifying approved locations of barbeque use, and memorializing the use of an electronic platform to manage fire protection system inspection, testing, and maintenance records. The other minor additions and adjustments are administrative in nature. The 2022 CA Fire Code Amendment Matrix, Attachment 2, outlines specific amendment details. 2022/12/06 City Council Post Agenda Page 101 of 1285 P a g e | 4 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund or the Development Services Fund as a result of this action. There are no increases in fees proposed in this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or the Development Services Fund as a result of this action. ATTACHMENTS 1. Board of Appeals and Advisors Meeting Minutes, October 10, 2022. 2. 2022 CA Fire Code Amendment Matrix. Staff Contact: Lou El-Khazen, Building Official, Development Services Laura C. Black, AICP, Director of Development Services 2022/12/06 City Council Post Agenda Page 102 of 1285 1 SPECIAL MEETING OF THE BOARD OF APPEALS AND ADVISORS Meeting Minutes October 10, 2022, 5:15 p.m. City Hall, Bldg. #A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista Present: Bryan Ehm, David Iuli, Anthony Sclafani Also Present: Lou El-Khazen, Mariluz Zepeda Others Present Fire Marshall Gipson, Sr. Fire Inspector Golden, Sr. Fire Inspector Olivas _____________________________________________________________________ 1. CALL TO ORDER A special meeting of the Board of Appeals and Advisors of the City of Chula Vista was called to order at 5:15 p.m. in the Executive Conference Room 103, Building A, located at 276 Fourth Ave Chula Vista, CA 91910. 2. ROLL CALL Secretary Zepeda called the roll. Anthony Sclafani joined the meeting at 5:15 pm. Lou El-Khazen joined the meeting at 5:15 pm. Mariluz Zepeda joined the meeting at 5:15 pm. Bryan Ehm joined the meeting at 5:15 pm. David Iuli joined the meeting at 5:15 pm. 3. CONSENT CALENDAR Attachment 1 2022/12/06 City Council Post Agenda Page 103 of 1285 2 3.1 Approval of Minutes: February 10, 2020 Moved by Bryan Ehm Seconded by David Iuli Approve the minutes of February 10, 2020 Result: Carried 4. PUBLIC COMMENTS There were none. 5. ACTION ITEMS 5.1 Appointment of Board Chair and Vice Chair for Fiscal Year 2022/2023. The Board members voted member Sclafani as Chair. Moved by David Iuli Seconded by Bryan Ehm Elect Chair and Vice-Chair Result: Carried Amendment: Moved by David Iuli Seconded by Anthony Sclafani The Board members voted member Ehm as Vice Chair. 5.2 Ordinances Adopting the Various 2022 Editions of the California Building Codes Moved by Bryan Ehm Seconded by David Iuli Recommend to City Council the adoption of the various 2022 Editions of the California building codes. Result: Carried OTHER BUSINESS 6. STAFF COMMENTS 2022/12/06 City Council Post Agenda Page 104 of 1285 3 7. CHAIR'S COMMENTS 8. COMMISSIONERS' COMMENTS 9. ADJOURNMENT The meeting was adjourned at 6:46 p.m. Minutes prepared by: Mariluz Zepeda, Board Secretary _________________________ Mariluz Zepeda, Commission Secretary 2022/12/06 City Council Post Agenda Page 105 of 1285 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 1 Following is a summary of amendments to the 2022 edition of the California Fire Code (CFC), which are further included in the City of Chula Vista Municipal Code (CVMC), Chapter 15.36. The amendments are organized sequentially by code section. California Health and Safety Code 17985.5 provides the authority for making local amendments. Amendments herein identify the California Code of Regulations, Title 24 (Title 24), sections being amended and distinguishes the amendment and/or added text from the text of Title 24 not being amended. The amendments contained throughout the adopting Fire Code Ordinance, CVMC 15.36, are more restrictive building standards and standards than those provided in Title 24. The City of Chula has made express findings that amendments to the building standards in Title 24 are reasonably necessary because of local climatic, geological, or topographical conditions. Amendment Description Key: Black text: 2022 CFC Blue / underlined text: City of Chula Vista amendment - CFC addition Blue / strikethrough text: City of Chula Vista amendment - CFC deletion Black text without a respective code section: Informational Chula Vista Municipal Code Chapter 15.36 Fire Code - Fire Protection and Prevention Amendments: The following amendments are proposed to implement the technical standards in the 2022 edition of the California Fire Code.ab No. Code Section(s) Amendment Description 1. CVMC 15.36.010 CFC 105.5 CFC 105.5.55 CFC 105.5.56 CFC 105.5.57 California Fire Code Chapter 1 - Scope and Administration - Adopted and amended 105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in all of Section 105.5: Sections 105.5.2 1 through Sections 105.5.5257. 105.5.55 General use permit. An operational permit is required for the issuance of a general use permit and its respective inspection. A general use permit is required for any activity or operation not specifically described therein, to include high occupant loads and or when in the judgement of the Fire Code Official is likely to produce conditions hazardous to life or property. Mercantile occupancies 10,000sqf or greater, with no other permits, are required to have a general use operational permit. 105.5.56 State-mandated. An operational permit is required for California state-mandated inspected occupancies. 105.5.57 General use certificate. A temporary operational permit is required for the issuance of a general use certificate and its respective inspections. A general use certificate is required for each new business within the City that is applying for a business license or for an existing business that is changing operations or expanding business operations into new suites and is revising their respective business license (with a physical commercial address within city limits). 2022/12/06 City Council Post Agenda Page 106 of 1285 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 2 CFC 106.1 CFC 108.2.3 CFC 112.4 CFC 113.4 106.1 Submittals and requirements. Construction documents and supporting data shall be submitted in two three or more sets, or in an approved electronic format, with each application for a permit and in such form and detail as required by the fire code official. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Construction documents, plans, submittals, and other documents associated with building or remodeling a structure, including fire and life safety systems and fire service features, shall be in accordance with adopted codes, Sections 106.1 through 106.4, and the Fire Department’s Fire Safety Engineering Standard Details and Requirements. Exception. The fire code official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. 108.2.3 Re-inspection. Following an inspection, whether initial, annual, or other, during which it is determined that a violation exists, fire code re-inspections may be conducted at the discretion of the Fire Department until such violations have been corrected. 112.4 Violation penalties. Persons who shall violate a provision of this code, including non-compliance with stop work and or do not occupy orders, or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor [SPECIFY OFFENSE], punishable by a fine of not more than the greater of $1,000 [AMOUNT] dollars or as established by the City of Chula Vista Policy and Procedures Manual for Civil penalties or by imprisonment not exceeding six (6) months [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 113.4 Failure to comply. Any person, who shall continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fines established by the authority having jurisdictionof not less than $250 dollars or more than $1,000 dollars. Necessary due to local Climatic, Geological, and Topographical Conditions 2. CVMC 15.36.015 CFC 202 California Fire Code Chapter 2 - Definitions - Adopted and amended FIRE AUTHORITY HAVING JURISDICTION (FAHJ). Designated entity providing enforcement of fire regulations as they relate to planning, construction and development, and maintenance. 2022/12/06 City Council Post Agenda Page 107 of 1285 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 3 FIRE DEPARTMENT. Any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or Fire Company regularly charged with the responsibility of providing fire protection to the jurisdiction. FIRE HAZARD. Anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or egress of occupants in the event of fire. FIRE SERVICE FEATURES. Is a general term inclusive of all other terms such as driveway, fire lane, public street, private street, parking lot, lane, access roadway or the like. VEGETATION. Weeds, grass, vines or other organic (cellulose) growth that is capable of being ignited and endangering property. Necessary due to local Climatic, Geological, and Topographical Conditions 3. CVMC 15.36.020 CFC 303 CFC 308.1.4 California Fire Code Chapter 3 - General Requirements - Adopted in part and amended This CFC section is not adopted by the State nor the City. 308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellingsGroup R-2 and Group R-3 occupancies. 2. Where buildings, balconies and decks are protected by an automatic sprinkler system. 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 21/2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity]. Necessary due to local Climatic, Geological, and Topographical Conditions 4. CVMC 15.36.025 California Fire Code Chapter 4 - Emergency Planning and Preparedness - Adopted in part Adopts only the sections and subsections of the State. Respective to Cannabis businesses and the licensing thereof, Emergency Action and Fire Prevention Plans are required and shall comply with the provisions as set forth in Chula Vista Municipal Code, 5.19.050.B.1.e, and as 2022/12/06 City Council Post Agenda Page 108 of 1285 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 4 further outlined under the City’s Cannabis Regulations, §0502. Cannabis business Emergency Action and Fire Prevention Plans shall show compliance with California Fire Code, Chapter 4, Emergency Planning and Preparedness, Sections 404 through 407. 5. CVMC 15.36.030 CFC 511 CFC 511.1 California Fire Code Chapter 5 - Fire Service Features - Adopted and amended 511 PREPLANNING RESPONSE MAPS AND DATA 511.1 Requirements. Applicants submitting permits for and building any new development or project, which necessitates updating of emergency response maps by virtue of new structures and their respective appurtenances, hydrants, roadways, and or similar features, shall be required to provide electronic files with respective layers, in an approved format, to the FAHJ. Necessary due to local Climatic, Geological, and Topographical Conditions 6. CVMC 15.36.035 California Fire Code Chapter 6 - Building Services and Systems - Adopted 7. CVMC 15.36.040 California Fire Code Chapter 7 - Fire and Smoke Protection Features - Adopted 8. CVMC 15.36.045 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and Furnishings - Adopted 9. CVMC 15.36.050 901.6.3.2 903.2.8.1.1 905.4 California Fire Code Chapter 9 - Fire Protection and Life Safety Systems - Adopted and amended 901.6.3.2 Records reporting. All inspection, testing and maintenance reports shall be forwarded and made accessible to the Fire Department using the electronic media and platform of the designated third party as approved by the City. Paper (hard copy) reports are not permitted. 903.2.8.1.1 NFPA 13-D meter size. The minimum water meter size serving NFPA 13-D (dwelling) fire sprinkler systems shall be no less than one (1) inch in diameter. Exceptions: 1. Minimum meter size can be dependent upon hydraulic analysis, including safety factors, for second dwelling units and accessory structures to group R3 occupancies. 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at the intermediatemain floor level landings between floors unless otherwiseor as approved by the fire code official. See Section 909.20.2.3 of the California Building Code for additional provisions in smokeproof enclosures. 2022/12/06 City Council Post Agenda Page 109 of 1285 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 5 Exception to Item 1 of 905.4 shall remain in full force and effect along with Exceptions 2 through 6. Necessary due to local Climatic, Geological, and Topographical Conditions 10. CVMC 15.36.055 California Fire Code Chapter 10 - Means of Egress - Adopted 11. CVMC 15.36.060 California Fire Code Chapter 11 - Construction Requirements for Existing Buildings - Adopted in part Adopts only the sections and subsections of the State. 12. CVMC 15.36.065 California Fire Code Chapter 12 - Energy Systems - Adopted 13. CVMC 15.36.070 California Fire Code Chapter 20 - Aviation Facilities - Adopted 14. CVMC 15.36.075 California Fire Code Chapter 21 - Dry Cleaning - Adopted 15. CVMC 15.36.080 California Fire Code Chapter 22 - Combustible Dust – Producing Operations - Adopted 16. CVMC 15.36.085 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and Repair Garages - Adopted 17. CVMC 15.36.090 California Fire Code Chapter 24 - Flammable Finishes - Adopted 18. CVMC 15.36.095 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted 19. CVMC 15.36.100 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging - Not adopted This CFC chapter is not adopted by the State nor the City. 20. CVMC 15.36.105 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities - Adopted 21. CVMC 15.36.110 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities - Adopted 22. CVMC 15.36.115 California Fire Code Chapter 29 - Manufacture of Organic Coatings - Adopted 23. CVMC 15.36.120 California Fire Code Chapter 30 - Industrial Ovens - Adopted 24. CVMC 15.36.125 California Fire Code Chapter 31 - Tents, Temporary Special Event Structures and Other Membrane Structures - Adopted 25. CVMC 15.36.130 California Fire Code Chapter 32 - High-Piled Combustible Storage - Adopted 26. CVMC 15.36.135 California Fire Code Chapter 33 - Fire Safety During Construction and Demolition - Adopted 27. CVMC 15.36.140 California Fire Code Chapter 34 - Tire Rebuilding and Tire Storage - Adopted 28. CVMC 15.36.145 California Fire Code Chapter 35 - Welding and Other Hot Work - Adopted 29. CVMC 15.36.150 California Fire Code Chapter 36 - Marinas - Adopted 30. CVMC 15.36.155 California Fire Code Chapter 37 - Combustible Fibers - Adopted 31. CVMC 15.36.160 California Fire Code Chapter 39 - Processing and Extraction Facilities - Adopted 32. CVMC 15.36.165 California Fire Code Chapter 40 - Storage of Distilled Spirits and Wine - Adopted 33. CVMC 15.36.170 California Fire Code Chapter 48 - Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations - Adopted 2022/12/06 City Council Post Agenda Page 110 of 1285 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 6 34. CVMC 15.36.175 CFC 4907.2 CFC 4907.3.1 California Fire Code Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas - Adopted and amended 4907.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management: 1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as a State Responsibility Area (SRA). 2. Land designated as a Very High Fire Hazard Severity Zone by the Director. 3. Land designated in ordinance by local agencies as a Very High Fire Hazard Severity Zone pursuant to Government Code Section 51179. 4. Designated areas by the Fire Code Official. 4907.3.1 Designated areas. All non-maintained combustible vegetation, and or other such accumulations of non-maintained combustible vegetation materials in open space areas, as determined by the Fire Code Official, shall be maintained in an approved manner within one hundred (100) feet of any building or structure designed or intended for occupancy by humans or animals. Necessary due to local Climatic, Geological, and Topographical Conditions 35. CVMC 15.36.180 California Fire Code Chapter 50 - Hazardous Materials - General Provisions - Adopted 36. CVMC 15.36.185 California Fire Code Chapter 51 - Aerosols - Adopted 37. CVMC 15.36.190 California Fire Code Chapter 53 - Compressed Gases - Adopted 38. CVMC 15.36.195 California Fire Code Chapter 54 - Corrosive Materials - Adopted 39. CVMC 15.36.200 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted 40. CVMC 15.36.205 CFC 5601.1.3.1 CFC 5601.1.3.2 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted and amended 5601.1.3.1 Retail fireworks. The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G are prohibited unless they are being used as part of a public display when permitted and conducted by a licensed pyrotechnic operator. 5601.1.3.2 Seizure of fireworks. The fire code official shall have the authority to seize, take, or remove all fireworks possessed, stored, sold, offered for sale, used or handled in violation of the provisions of this Ordinance and Title 19 California Code of Regulations. Necessary due to local Climatic, Geological, and Topographical Conditions 41. CVMC 15.36.210 California Fire Code Chapter 57 - Flammable and Combustible Liquids - Adopted 42. CVMC 15.36.215 California Fire Code Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids - Adopted 2022/12/06 City Council Post Agenda Page 111 of 1285 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 7 43. CVMC 15.36.220 California Fire Code Chapter 59 - Flammable Solids - Adopted 44. CVMC 15.36.225 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials - Adopted 45. CVMC 15.36.230 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted 46. CVMC 15.36.235 California Fire Code Chapter 62 - Organic Peroxides - Adopted 47. CVMC 15.36.240 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids - Adopted 48. CVMC 15.36.245 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted 49. CVMC 15.36.250 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics - Adopted 50. CVMC 15.36.255 California Fire Code Chapter 66 - Unstable (Reactive) Materials - Adopted 51. CVMC 15.36.260 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids - Adopted 52. CVMC 15.36.265 California Fire Code Chapter 80 - Referenced Standards - Adopted 53. CVMC 15.36.270 CFC Table B105.1(1) California Fire Code Appendices - Adopted in part and amended TABLE B105.1(1). TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESb Fire-Flow Calculation Area (sqf) Automatic Sprinkler Systems (design-standard) Minimum Fire-Flow (gallons per minute)a Flow Duration (hours) 0-3,600 No automatic sprinkler system 1,000Value in Table B105.1(2) 1Duration in Table B105.1(2) at the required fire-flow rate 3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate 0-3,600 Section 903.3.1.3 of the California Fire 500Value in Table B105.1(2) ½ Duration in Table B105.1(2) at Formatted: Superscript2022/12/06 City Council Post Agenda Page 112 of 1285 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 8 CFC Table B105.2 Code or Section 313.3 of the California Residential Code the required fire-flow rate 3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code ½ Value in Table B105.1(2) 1 Duration in Table B105.1(2) at the required fire-flow rate For SI: 1 square foot = 0.0929 m2. 1 gallon per minute = 3.785 L/m. a. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm. b. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ may require a fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system hazard classification upgrade in lieu of water main upsizing. TABLE B105.2. TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESc Automatic Sprinkler Systems (design-standard) Minimum Fire-Flow (gallons per minute)b Flow Duration (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 2575% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced original flow rate Formatted: SuperscriptFormatted: Superscript2022/12/06 City Council Post Agenda Page 113 of 1285 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 9 CFC BB105.1 CFC Table C102.1 CFC Table CC105.1 Section 903.3.1.2 of the California Fire Code 2575% of the value in Table B105.1(2)ba Duration in Table B105.1(2) at the reduced original flow rate For SI: 1 gallon per minute = 3.785 L/m a. The reduced fire-flow rate shall not be less than 1,000 500 gallons per minute. b. The reduced fire-flow rate shall not be less than 1,500 gallons per minute. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm. c. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ may require a fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system hazard classification upgrade in lieu of water main upsizing. BB105.1 The minimum fire flow and flow duration for school buildings shall be as specified in Table BB105.1. Exception. A reduction in required fire flow of up to 75 25 percent is allowed when the building is provided with an approved automatic sprinkler system. When a reduction in fire flow is used, fire flow shall not be less than 1500 GPM. TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS For SI: 1 foot = 304.8 mm, 1 gallon per minute = 3.785 L/m a. Reduce by 100 feet for dead-end streets or roads. b. Where streets are provided with median dividers that cannot be crossed by fire fighters pulling hose lines, or where arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis. c. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. d. Reduce by 50 feet for dead-end streets or roads. e. One hydrant for each 1,000 gallons per minute or fraction thereof. f. A 50-percent spacing increase shall be permitted where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 of the California Fire Code. g. A 25-percent spacing increase shall be permitted where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.2 or 903.3.1.3 of the California Fire Code or Section 313 of the California Residential Code. 2022/12/06 City Council Post Agenda Page 114 of 1285 Attachment 2: 2022 CA Fire Code Amendment Matrix – City of Chula Vista Municipal Code 15.36 10 CFC Appx. H CFC Appx. O ha. The fire code official is authorized to modify the location, number and distribution of fire hydrants based on site-specific constraints and hazards. TABLE CC105.1 NUMBER AND DISTRIBUTION OF FIRE HYDRANTS For SI: 1 foot = 304.8 mm, 1 gallon per minute = 3.785 L/m. a. Reduce by 100 feet for dead-end streets or roads. b. Where streets are provided with median dividers which can be crossed by fire fighters pulling hose lines, or where arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis up to a fire-flow requirement of 7,000 gallons per minute and 400 feet for higher fire-flow requirements. c. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. d. Reduce by 50 feet for dead-end streets or roads. e. One hydrant for each 1,000 gallons per minute or fraction thereof. Appendix H, Hazardous Materials Management Plans and Hazardous Materials Inventory Statements, is adopted in its entirety. Appendix O, Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses, is adopted in its entirety. Appendices not listed herein are not adopted as part of this Ordinance. Necessary due to local Climatic, Geological, and Topographical Conditions aSee City of Chula Vista 2022 California Fire Code Adopting Ordinance’s Findings and Declarations (Section III) for Details on Climatic, Geological, and Topographical Express Findings and Markings bAll CFC Chapters adopted in their entirety with amendments or without amendments that may include additional code sections or subsections beyond the State’s adoption are necessary due to local Climatic, Geological, and Topographical Conditions 2022/12/06 City Council Post Agenda Page 115 of 1285 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.06 OF THE CHULA VISTA MUNIC IPAL CODE, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance amends Municipal Code Section 15.06.080(B), Work Exempt from Permits, so that our local exemptions are in-line with the exemptions that are in the 2022 building codes and amends a building standard exemption to reduce the exempted fence height from needing a building permit from over 7 feet to over 6 feet, and to over 4 feet for freestanding masonry walls. The City Council of the City of Chula Vista does ordain as follows: Section I. That the following subsections of section 15.06.080(B) of chapter 15.06, Administrative Provisions for the Technical Building Codes, of the Chula Vista Municipal Code are amended or restated to read as follows: (1)(a) One-story detached accessory structures, not exceeding 12 feet in height, used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 144 120 square feet and are located so as to comply with the provisions of CVMC 19.58.020. (1)(c) Fences up to 72 inches and freestanding masonry walls up to 48 inches in height above the highest adjacent grade. Fences, walls, or gates that extend across fire apparatus access roads require a permit from the Chula Vista Fire Department. (3)(o) Communication circuits per Article 800 of the electrical code. Installation or maintenance of communication wiring, devices, appliances, apparatus, or equipment. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 116 of 1285 Ordinance No. Page 2 Section II. Scope of Amendment This Amendment changes only the subsections specifically identified in Section I above. No other changes to chapter 15.06 are contemplated or intended by this Ordinance. The balance of chapter 15.06 shall remain unchanged and continue in full force and effect. Section III. Findings and Declaration The City Council specifically and expressly finds and declares that the amendments to the Chula Vista Municipal Code section 15.06.080(B) implementing changes to standards in Section 105.2(2) of the California Building Code and Section R105.2(2) of the California Residential Code are necessary due to local geologic conditions. The City is subject to earthquake hazards caused by its proximity to seismic faults. The amendments are necessary to limit property damage as a result of seismic activity. Section IV. 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 V. 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 VI. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2023. Section VII. 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. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 117 of 1285 Ordinance No. Page 3 Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 118 of 1285 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNIC IPAL CODE, BUILDING CODE, ADOPTING THE CALIFORNIA BUILDING CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Building Code and proposes the re-adoption of existing local amendments to the current Building Code adopted by the City. The City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 15.08 That chapter 15.08 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.08 BUILDING CODE Sections: 15.08.010 California Building Code, 2019 Edition, adopted by reference. 15.08.020 Subsection 705.11 is amended to add an exception to the requirement for parapets. 15.08.030 Subsection 1510.6.4 is added to Section 1510.6 to require equipment enclosures on roofs. 15.08.010 California Building Code, 2019 2022 Edition, adopted by reference. There is hereby adopted by reference the California Building Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24 part 2, including Appendix SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 119 of 1285 Ordinance No. Page 2 C and Appendix I, and Appendix P, as adopted by state agencies, and excluding Chapter 1, Division II of that document as copyrighted by the International Code Council, and the California Building Standards Commission. Said document is hereby adopted as the Building Code of the City of Chula Vista for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height, and area of all buildings and structures in the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this Chapterchapter. 15.08.020 Subsection 705.11 is amended to add an exception to the requirement for parapets. Exception 7 is hereby added to Subsection 705.11 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Exception 7. Conversion of existing Group R occupancies to offices. 15.08.030 Subsection 15101511.6.4 is added to Section 15101511.6 to require equipment enclosures on roofs. Subsection 15101511.6.4 is hereby added to Section 15101511.6 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Subsection 15101511.6.4 Equipment Enclosure. Operating equipment, including piping and ducts located on the roof of a building, shall be shielded from view from public thoroughfares, and private and public parking lots. Equipment enclosures shall not be constructed so as to trap flammable or combustible vapors. Exception: Solar collectors. Does not include structural supporting members. Section II. Findings and Declaration The City Council specifically and expressly finds and declares that sections 15.08.020 and 15.08.030 are necessary due to local topographical conditions. As a result of the geographical layout of the City of Chula Vista, the City Council deems it aesthetically important to shield roof equipment enclosures from public view. Also, exempting conversion of existing Group R occupancies to offices from subsection 705.11 of the California Building Code is an important historical exemption contained in the Chula Vista Municipal Code from years past and the City Council deems this exemption necessary to preserve local topographical conditions. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 120 of 1285 Ordinance No. Page 3 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 will take effect and be in force thirty days after final passage but not before January 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 SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 121 of 1285 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 TO THE CHULA VISTA MUNIC IPAL CODE, RESIDENTIAL CODE, ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Residential Code with no local amendments. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.09 That Chapter 15.09 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.09 RESIDENTIAL CODE Sections: 15.09.010 California Residential Code, 2019 2022 Edition, adopted by reference. 15.09.010 California Residential Code, 2019 2022 Edition, adopted by reference. There is hereby adopted by reference the California Residential Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24 part 2.5, including Appendix AH, AQ, AS, V AX and X AZ, as adopted by state agencies, and excluding Chapter 1, Division II of that document as copyrighted by the International Code Council and the California Building Standards Commission. Said document is hereby adopted as the residential code of the City of Chula Vista for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one-and two-family dwelling, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto throughout the City, excepting such portions as SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 122 of 1285 Ordinance No. Page 2 are hereinafter deleted, modified, or amended. Municipal Code Chapter chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapterchapter. 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 will take effect and be in force thirty days after final passage but not before January 1, 2023. 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 Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 123 of 1285 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNIC IPAL CODE, REFERENCED STANDARDS CODE, ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Referenced Standards Code with no local amendments. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.10 That Chapter 15.10 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.10 REFERENCED STANDARDS CODE Sections: 15.10.010 California Referenced Standards Code, 2019 2022 Edition, adopted by reference. 15.10.010 California Referenced Standards Code, 2019 2022 Edition, adopted by reference. There is hereby adopted by reference the California Referenced Standards Code, know as California Code of Regulations, Title 24 part 12, 2019 2022 Edition, as copyrighted by the California Building Standards Commission. Said document is hereby adopted as the referenced standards code of the City of Chula Vista, for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, certain equipment, use and occupancy, location and maintenance of all buildings and structures within the City of Chula SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 124 of 1285 Ordinance No. Page 2 Vista. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 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 will take effect and be in force thirty days after final passage but not before January 1, 2023. 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 Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 125 of 1285 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12 TO THE CHULA VISTA MUNICIPAL CODE, GREEN BUILDING STANDARDS, ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Green Building Standards Code and proposes the re-adoption of an existing non-technical local amendment to the current locally adopted Green Building Standards Code. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.12 That chapter 15.12 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.12 Green Building Standards Sections: Section 15.12.001 California Green Building Standards Code, 2019 2022 Edition, adopted by reference Section 15.12.005 California Green Building Standards Code Subsection 102.4 Section 15.12.001 California Green Building Standards Code, 2019 2022 Edition, adopted by reference There is hereby adopted by reference the California Green Building Standards Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24 part 11, as copyrighted by the California Building Standards Commission. Said document is hereby adopted as the green building code of the City of Chula Vista for enhancing the design and construction of buildings, building additions and alterations through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices, SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 126 of 1285 Ordinance No. Page 2 excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section 15.12.005 California Green Building Standards Code Subsection 102.4 Subsection 102.4 is hereby added to sectionSection 102 of the California Green Building Standards Code, as it applies in Chula Vista, and shall read as follows: 102.4 Consultant Services. The Building Official may require the applicant to retain the services of a consultant having expertise in gGreen bBuilding and/or energy efficiency techniques to review and evaluate complex systems and/or alternate methods or materials of construction and provide recommendations as to compliance with the requirements of this code. The cost of such consultant shall be paid by the applicant. 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 will take effect and be in force thirty days after final passage but not before January 1, 2023. 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. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 127 of 1285 Ordinance No. Page 3 Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 128 of 1285 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.14 OF THE CHULA VISTA MUNIC IPAL CODE, EXISTING BUILDING CODE, ADOPTING THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Existing Building Code with no local amendments. The City Council of the City of Chula Vista does ordain as follows: Section I. Added Chapter 15.14 That Chapter 15.14 is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 15.14 EXISTING BUILDING CODE Sections: 15.14.010 California Existing Building Code, 2019 2022 Edition, adopted by reference. 15.14.010 California Existing Building Code, 2019 2022 Edition, adopted by reference. There is hereby adopted by reference the California Existing Building Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24, Part 10, including Appendix A,1, A2, A3, A4 and A5 as adopted by state agencies, and excluding Chapter 1, Division II thereof, as copyrighted by the International Code Council and the California Building Standards Commission. Said document is hereby adopted as the existing building code of the City of Chula Vista, providing for and regulating the repair, alteration, change of occupancy, addition to and relocation of existing buildings within the City. Chapter SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 129 of 1285 Ordinance No. Page 2 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 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 will take effect and be in force thirty days after final passage but not before January 1, 2023. 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 Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 130 of 1285 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNIC IPAL CODE, MECHANICAL CODE, ADOPTING THE CALIFORNIA MECHANICAL CODE, 2022 EDITION WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Mechanical Code with no local amendments. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.16 That cChapter 15.16 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.16 MECHANICAL CODE Sections: 15.16.010 California Mechanical Code, 2019 2022 Edition, adopted by reference. 15.16.010 California Mechanical Code 2019 2022 Edition adopted by reference. There is hereby adopted by reference the California Mechanical Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24, Part 4, including Appendix B and C, as adopted by state agencies, and excluding Chapter 1, Division II thereof, as copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. Said document is hereby adopted as the mechanical code of the City of Chula Vista, providing for and regulating the complete SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 131 of 1285 Ordinance No. Page 2 installation and maintenance of heating, ventilation, cooling and refrigeration systems within the City. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 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 will take effect and be in force thirty days after final passage but not before January 1, 2023. 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 Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 132 of 1285 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE, ELECTRICAL CODE AND REGULATIONS, ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Electrical Code and proposes the re-adoption of existing local amendments to the current Electrical Code and Regulations previously adopted by the City. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.24 That chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS Sections: 15.24.010 California Electrical Code, 2019 2022 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels – Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences – Defined – Prohibited. 15.24.060 Phase arrangement – Amended. 15.24.065 Repealed. 15.24.070 Repealed. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 133 of 1285 Ordinance No. Page 2 15.24.010 California Electrical Code, 20192022 Edition, adopted by reference. There is hereby adopted by reference the California Electrical Code, 2019 2022 Edition, known as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the California Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. 15.24.045 Distribution panels – Separate required when. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartment, flat, or dwelling shall have separate lighting and power distribution panels as applicable. Such panels shall not serve other portions of the building. Hotels, motels, hotel apartments, and similar types of buildings may be wired from one or more distribution panels. 15.24.050 Circuit cards to be posted when. When requested by the Building Official, a complete schedule of circuits showing the number, kind, and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. 15.24.055 Electric fences – Defined – Prohibited. A. As used herein, the term “electric fence” includes all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. B. No electric fence may be constructed, maintained or operated within the City. 15.24.060 Phase arrangement – Amended. Section 408.3(E)(1) of the California Electrical Code is hereby amended to read: AC Phase Arrangement. Alternating-current phase arrangement on 3-phase buses shall be A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the switchboard, switchgear, or panelboard. The B C phase shall be that phase having the higher voltage to ground on 3-phase, 4-wire, delta-connected systems. Other busbar arrangements shall be permitted for additions to existing installations and shall be marked. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 134 of 1285 Ordinance No. Page 3 Section II. Findings and Declaration The City Council of the City of Chula Vista specifically and expressly finds and declares that section 15.24.060 is necessary due to local climatic, geological, and topographical conditions. Local utilities require having the higher voltage to ground be located on the “C” phase. 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 will take effect and be in force thirty days after final passage but not before January 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 SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 135 of 1285 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNIC IPAL CODE, ENERGY CODE, ADOPTING THE CALIFORNIA ENERGY CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the proposed ordinance adopts the 2022 California Energy Code and proposes the re-adoption of Sections 15.26.020, Outdoor lighting zones, and 15.26.050, Mandatory benchmarking and conservation requirements for multifamily and commercial buildings, and proposes the deletion of Section 15.26.040, Mandatory energy efficiency requirements for additions to single-family homes and condos. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.26 That chapter 15.26 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.26 ENERGY CODE Sections: 15.26.010 California Energy Code, 2019 2022 Edition, adopted by reference. 15.26.020 Outdoor lighting zones. 15.26.030 Repealed. 15.26.040 Mandatory energy efficiency requirements for additions to single-family homes and condos. Repealed. 15.26.050 Mandatory benchmarking and conservation requirements for multifamily and commercial buildings. 15.26.010 California Energy Code, 2019 2022 Edition, adopted by reference. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 136 of 1285 The City of Chula Vista adopts, by reference, that certain document known as the California Energy Code, 2019 2022 Edition, set forth in Title 24, Part 6, of the California Code of Regulations, as copyrighted by, and as may be amended from time to time by, the California Building Standards Commission. That California Energy Code is adopted as the energy code of the City of Chula Vista for the purpose of regulating building design and construction standards to increase efficiency in the use of energy for new residential and nonresidential buildings. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational, and enforcement rules and regulations for this chapter. 15.26.020 Outdoor lighting zones. Pursuant to Section 10-114 (c) of the California Code of Regulations, Title 24, Part 1, the city has adopted an outdoor lighting zones map amending state default lighting zones as applied to certain areas of the City. The location of outdoor lighting zones in the City are per the adopted Outdoor Lighting Zones Map, dated September 2, 2005 and kept on file with the City’s Development Services Department. 15.26.040 Mandatory energy efficiency requirements for additions to single-family homes and condos. A. Purpose and Intent. It is the purpose and intent of this section to require installation of specific energy efficiency measures in less energy efficient homes, when such homes undertake additions or remodels, in order to reduce GHG emissions resulting from energy consumption. B. Applicability. This section applies to dwelling units constructed before 2006, that are undergoing a permitted Addition or Remodel, either in Low-Rise Residential Buildings (as defined in Title 24, Part 6, Section 100.1) with one to four dwelling units, or that are individually owned residential condominiums and townhouses. EXCEPTION: This section shall not be triggered by creation of a new Accessory dwelling unit (ADU) or Junior accessory dwelling unit (JADU) alone. This section does apply to Additions to, or Remodels of, existing ADUs or JADUs. C. Definitions. For purposes of this section, the following terms shall have the following meanings: Addition. See definition in Title 24, Part 6, Section 100.1(b). Compliance Report” means a Certificate of Compliance generated by approved Energy Code compliance software, including CBECC-Res and EnergyPro. “Condo” means an individually owned residential unit within a building containing five or more dwelling units. “Home” means a residential building containing between one and four dwelling units. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 137 of 1285 “Remodel” means any of the following: 1. Any change or rearrangement, other than a repair, of the structural elements of an existing building including foundations, footing, sub-floors, lintels, beams, columns, girders, slabs, roof trusses, staircases, load bearing walls, door frames, window frames, or any other part of the building that resists force or movement. 2. Change or rearrangement of the plan configuration of walls and full-height partitions of an existing building. “Steep Slope” means a roof slope greater than two units vertical in 12 units horizontal (17 percent slope). “Total Energy Use” means the energy consumption estimated by approved Energy Code compliance software, including CBECC-Res and EnergyPro, in terms of kTDV per square foot per year (kTDV/sf2 – yr). D. Requirements. The following requirements shall apply to the entire dwelling unit, not just the additional or altered portion. Where these requirements conflict with other energy code requirements, the stricter requirement shall prevail. Homes and Condos shall comply with either the Prescriptive Approach or the Performance Approach. 1. Prescriptive Approach. a. The Minimum Number of Energy Upgrade Measures shown below in Table 15.26.040(D)(1)(a) must be completed in accordance with the building type, construction date and climate zone. Table 15.26.040(D)(1)(a). Minimum Number of Energy Upgrade Measures Year Built Building Type Climate Zone 7 Climate Zone 10 Before Homes and Choose 3 Energy Choose 4 Energy 1978 Condos Upgrade Measures Upgrade Measures 1978-1991 Condos Choose 3 Energy Upgrade Measures Homes Choose 2 Energy Upgrade Measures SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 138 of 1285 Year Built Building Type Climate Zone 7 Climate Zone 10 1992-2005 Homes and Condos Choose 2 Energy Upgrade Measures b. Additions or Remodels involving steep sloped roof replacement, recovering or recoating of either more than 50 percent or more than 2,000 square feet of roof area, or new steep sloped roof sections of any size, are also required to meet the Cool Roof requirements in Table 15.26.040(D)(1)(b) for the roofing material added to: i. Homes constructed pre-1978 in climate zone 7 or pre-2006 in climate zone 10. ii. Condos constructed pre-1992 in climate zone 7 or pre-2006 in climate zone 10. c. Qualifying Energy Upgrade Measures that count toward satisfying the minimum indicated in Table 15.26.040(D)(1)(a) shall be chosen from the Prescriptive Energy Upgrade Measure List shown below in Table 15.26.040(D)(1)(c), and shall be completed in accordance with the specifications therein. Materials must meet the parameters included below in Table 15.26.040(D)(1)(c) as a minimum. More energy efficient materials may be substituted. Table 15.26.040(D)(1)(c). Prescriptive Energy Upgrade Measure List (section references are to California Code of Regulations, Title 24, Part 6, Subchapter 8) Package Specification R-38 Attic Add attic insulation in buildings with vented attic spaces to Insulation meet R-38 per requirements of section 150.1(c)1Aii or iii. Air Sealing Apply air sealing practices throughout all accessible areas of the building. All joints, penetrations and other openings in the building envelope that are potential sources of air leakage shall be caulked, gasketed, weather stripped, or otherwise sealed to limit infiltration and exfiltration. Buildings constructed before 1992 should be sealed to 7 Air Changes per Hour (ACH) and buildings constructed from 1992-2005 should be sealed to 5 ACH, at 50 Pascals pressure difference. Homes with one or more vented combustion appliances must have a BPI SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 139 of 1285 Package Specification Combustion Appliance Safety Inspection performed after air sealing. Cool Roof For steep slope roofs, install a roofing product rated by the Cool Roof Rating Council (CRRC) with an aged solar reflectance of 0.25 or higher and thermal emittance of 0.75 or higher. Duct Sealing Air seal all ductwork to meet the requirements of Section 150.2(b)1E as if the heating system were being replaced. LED Lighting Replace screw-in halogen, incandescent or CFL light bulbs with LED light bulbs in accordance with the requirements of Section 150.0(k)1.A, D, G, H and I. Water 1. Water Heater Blanket: Add R-6 insulation to the exterior Heating of existing residential tank storage water heaters Package manufactured before April 2015. Requirement is waived for water heaters with internal tank insulation of at least R-16. 2. Hot Water Pipe Insulation - Insulate all accessible hot water pipes with R-3 pipe insulation per requirements of section 150.0(j)2.A. 3. Low Flow Fittings - Upgrade sink and shower fittings to meet current CALGreen requirements, which require maximum flow rates of 1.8 gallons per minute (gpm) for showerheads and kitchen faucets, and 1.2 gpm for bathroom faucets per requirements of CALGreen Section 4.303. Windows Replace existing single pane windows with a dual pane product, which has a U-factor equal to 0.32 or lower and a Solar Heat Gain Coefficient (SHGC) equal to 0.25 or lower. This measure was only evaluated for the pre-1978 vintage, SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 140 of 1285 Package Specification which is assumed to have single-pane, metal-frame windows. Water Heater High Efficiency Heat Pump Water Heater: Replace natural Replacement gas storage water heater, or tankless water heater having an Energy Factor of .81 or less, with Heat Pump Water Heater with Uniform Energy Factor (UEF) of at least 3.1 (Northwest Energy Efficiency Alliance Tier 3). -or- High Efficiency Tankless Water Heater: Replace natural gas storage water heater, or tankless water heater having an Energy Factor of .81 or less, with tankless water heater with a minimum Energy Factor of 0.96. Air High Efficiency Air Conditioner: Replace an existing air Conditioner conditioner having a SEER rating of 13 or less with an air Replacement conditioner of at least 18 SEER. -or- High Efficiency Heat Pump: Replace an existing air conditioner having a SEER rating of 13 or less with a Heat Pump of at least 18 SEER. d. Measure Already Completed. Where measures substantially similar to those specified in Table 15.26.040(D)(1)(c) are already in place, they shall count toward satisfaction of the Minimum Number of Energy Upgrade Measures in Table 15.26.040(D)(1)(a). e. Project Value Cutoff. If the cost of completing the Minimum Number of Energy Upgrade Measures in Table 15.26.040(D)(1)(a) is projected to exceed 20 percent of the projected cost of the Addition or Remodel absent those measures, permit applicants can propose a more limited set from among Prescriptive Energy Upgrade Measure List in Table 15.26.040(D)(1)(c) which does not exceed 20 percent. The limited set must include as many of the required measures as possible without exceeding the 20 percent cutoff. 2. Performance Approach. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 141 of 1285 a. Complete any energy saving measures concurrent with Addition or Remodel that are projected to result in equivalent or lower energy usage than the Assumed Energy Upgrade Measures indicated in Table 15.26.040(D)(2)(a) below. Table 15.26.040(D)(2)(a). Assumed Energy Upgrade Measures for Performance Equivalency Year Built Building Type Climate Zone 7 Climate Zone 10 Before Homes and R38 Attic Duct Sealing; R38 1978 Condos Insulation; Duct Attic; Air Sealing Sealing 1978-1991 Condos Duct Sealing Homes N/A 1992-2005 Homes and N/A Condos b. Shall be demonstrated by the following method: i. Install the LED Lighting and Water Heater Blanket measures as specified in Table 15.26.040(D)(1)(c). ii. Submit two compliance reports. One compliance report shall be generated from a model of the proposed energy performance measures, and the existing home plus the proposed addition(s) and any other alterations. A second compliance report shall be generated by modeling the existing home with the Energy Upgrade Measures shown in Table 15.26.040(D)(2)(a) including proposed addition(s) and other alterations, but not including the proposed energy saving measures. The Total Energy Use for the first compliance report must be equal or less than that of the second compliance report. E. Exemptions. The requirements of this section may be waived, in part or in whole, if any of the following conditions are met, to the satisfaction of the City Manager or designee: 1. Technical Infeasibility. Prescribed measure would be technically infeasible or not be cost-effective due to unique characteristics of home or other special circumstances. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 142 of 1285 a. Evidence requirement to show lack of cost effectiveness: Letter from certified energy professional attesting to the lack of cost effectiveness with explanation of methodology and calculation. b. Evidence to show technical infeasibility: Letter from licensed building professional documenting infeasibility for one of the following reasons: inaccessibility, violation of other codes, low likelihood of success, measure would affect proper functioning of other building elements, result in safety risks, cause harm to building occupants. 2. High Performing Home. Home has earned a Home Energy Score of eight or above within the previous three years. 3. Fully Solar Powered. Home is powered by a solar PV system offsetting at least 95 percent of the annual electricity demand and gas-equivalent energy consumption. 4. Exempt Projects. Additions or Remodels that would not otherwise be subject to this section but for work related to Solar PV, Solar water heating, EV charging, electrical upgrades for solar PV or EV charging, or energy storage are exempt. 5. Homeowner’s Association. A measure is beyond the authority of the homeowner as defined in applicable Homeowner’s Association (HOA) covenants, conditions or restrictions. 6. Medical Necessity. An Addition or Remodel consists solely of medically necessary improvements. 7. Low-Income. If an applicant can demonstrate they qualify for low-income assistance as defined in Section 1-100 of the City’s Master Fee Schedule. F. Implementation Authority. The City Manager may adopt rules and regulations for the implementation of this section including, without limitation, supplementing the list of qualified measures set forth in Table 15.26.040(D)(1)(c) as new energy efficient technologies or materials are developed. (Ord. 3495 § 1, 2020). 15.26.050 Mandatory benchmarking and conservation requirements for multifamily and commercial buildings. A. Purpose and Intent. It is the purpose and intent of this section to promote ongoing energy conservation in buildings in order to reduce GHG emissions resulting from energy consumption. B. Applicability. This section applies to Properties within the City of Chula Vista with a Gross Floor Area of at least 20,000 square feet, and having either (1) no residential utility accounts, or (2) five or more active utility accounts of one utility type, at least one of which SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 143 of 1285 is residential. An overview of the applicability of select ordinance requirements appears in Table 15.26.050(B) below. Table 15.26.050(B). Applicability Overview Section Nonresidential Properties Multifamily Properties Benchmarking Requirements Applies Applies CVMC 15.26.050(D) Direct Disclosure and Public Applies Applies Disclosure Requirements CVMC 15.26.050(E) Conservation Requirements Applies Applies CVMC 15.26.050(F)(1) through (4), ( to Properties with Significa 7), (8) nt Common Load Minimum Improvement Requirements Applies Applies CVMC 15.26.050(F)(5) to Properties with Significa nt Common Load Multifamily Prescriptive Upgrades Not Applicable Applies CVMC 15.26.050(F)(6) to buildings constructed before 2006 for rental tenant spaces where utility costs are borne by tenant Compliance Schedule, Records Applies Applies Maintenance, and Failure to Comply CVMC 15.26.050(G), (H) and (I) Exemptions. Properties owned by any of the following are exempt from this section: 1. The county of San Diego; 2. The state of California; SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 144 of 1285 3. The United States of America; 4. The Metropolitan Transit Service; or 5. The Chula Vista and or Sweetwater School Districts. C. Definitions. For purposes of this section, the following terms shall have the following meanings: “Audit Template” means the U.S. Department of Energy’s (DOE) online application for entering, validating and submitting data generated by an American Society of Heating, Refrigerating and Air-Conditioning Engineers (“ASHRAE”) 211 audit and Retro- Commissioning, located at https://buildingenergyscore.energy.gov/. “Base Building Systems” means the systems and subsystems of a building that use or distribute Energy or water or impact the Energy or water consumption, including the building envelope; the heating, ventilating and air conditioning (HVAC) systems; air conveying systems; electrical and lighting systems; domestic hot water systems; water distribution systems; plumbing fixtures and other water-using equipment; and landscape irrigation systems and water features. Base Building Systems shall not include: a. Systems or subsystems owned by a tenant or for which a tenant bears full maintenance responsibility, that are within the tenant’s leased space and exclusively serve such leased space, and for which the tenant pays all the Energy and water bills according to usage and demand as measured by a meter or sub-meter; b. Systems or subsystems owned by a residential unit Owner that exclusively serve the residential unit of that Owner; c. Systems or subsystems that operate industrial applications such as manufacturing. “Baseline Year” means a Covered Property’s first year submitting a Benchmarking Report pursuant to this section or CA Assembly Bill 802 if applicable, or, the most recent year a Covered Property was subject to the Conservation Requirements, whichever is later. “Benchmark” means to complete and electronically submit the Chula Vista Benchmarking Report via ENERGY STAR Portfolio Manager. “Benchmarking Report” means the report generated by ENERGY STAR Portfolio Manager when a completed Chula Vista Benchmarking Report is submitted to the City, including both the information required to be input into ENERGY STAR Portfolio Manager and the information generated by ENERGY STAR Portfolio Manager. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 145 of 1285 “Conservation Section” means the City of Chula Vista’s Office of Sustainability Conservation Section. “Covered Property” means a Property that meets the applicability requirements of this section. “Energy” means electricity, natural gas, steam, heating oil, or other products sold by a utility to a customer of a building, or renewable on-site electricity generation, for purposes of providing heat, cooling, lighting, water heating, or for powering or fueling other end- uses in the building and related facilities. “Energy Audit” means systematic evaluation to identify potential modifications and improvements to a building’s equipment and systems which utilize energy in order to optimize a building’s overall energy performance. “ENERGY STAR Certified” means a building which has earned an ENERGY STAR® Score of 75 or higher, indicating that it performs better than at least 75 percent of similar buildings nationwide and completed an ENERGY STAR Certification application and received EPA approval. “ENERGY STAR Portfolio Manager” means the U.S. Environmental Protection Agency’s (EPA) online application for measuring, tracking, and managing a building’s Energy, water and greenhouse gas emission data and benchmarking its performance, l ocated at https://www.energystar.gov/. “ENERGY STAR Score” means a number ranging from one to 100 assigned by the EPA’s ENERGY STAR Portfolio Manager as a measurement of a building’s Energy efficiency, normalized for a building’s characteristics, operations, and weather, according to methods established by US EPA’s ENERGY STAR® Portfolio Manager. “EUI” or “Energy Use Intensity” means the Energy consumed per square foot of a building per year, as calculated by ENERGY STAR® Portfolio Manager® by dividing the total Energy consumed by the building in one year (measured in kBtu or GJ) by the total Gross Floor Area of the building. “EUI-WN” or “Weather-normalized Energy Use Intensity” means the weather- normalized Energy consumed per square foot of a building per year, as calculated by ENERGY STAR Portfolio Manager by dividing the total weather normalized Energy consumed by the building in one year (measured in kBtu or GJ) by the total Gross Floor Area of the building. “Financial Distress” means a Property that: SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 146 of 1285 a. Had arrears of property taxes or water or wastewater charges that resulted in the Property’s inclusion, within the prior two years, on the City’s annual tax lien sale list; or b. Has a court appointed receiver in control of the asset due to financial distress; or c. Is owned by a financial institution through default by the borrower; or d. Has been acquired by a deed in lieu of foreclosure; or e. Has a senior mortgage subject to a notice of default. “Gross Floor Area” or “GFA” means the total number of square feet measured between the principal exterior surfaces of enclosing fixed walls. This includes all fully enclosed space within areas inside the outside surfaces of the exterior walls of the building(s) including lobbies, tenant areas (occupied and unoccupied), common areas, meeting rooms, offices, break rooms, atriums (count the base level only), restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, storage rooms, mechanical space such as boiler rooms, elevator shaft, hallways, stairwells, and connecting corridors between buildings. This does not include exterior spaces, balconies, patios, exterior loading docks, driveways, covered walkways, outdoor play courts (tennis, basketball, etc.), parking, open- air stairwells, breezeways, interstitial plenum space between floors (which house pipes and ventilation), or crawl spaces. “High Performance Building” means a Property that submitted a Benchmarking Report for its most recent benchmarking compliance deadline and either (1) achieved a Verified ENERGY STAR Score of 80 or greater or (2) achieved ENERGY STAR Certification, or (3) achieved LEED Existing Building Certification for three of five preceding years. “Industrial Occupancy” means any building or portion thereof classified under occupancy groups F-1 and F-2 (“Factory and Industrial”) or H-1, H-2, H-3, H-4, and H-5 (“High Hazard”) under California Code of Regulations Title 24 Section 302 (2016) as amended. “Master Metering” or “Master Metered” means measuring a building’s electricity or gas consumption for the purposes of utility billing from multiple tenant units together, rather than using individual meters or sub-meters for each dwelling unit. “Mechanical Equipment” means centralized building systems or devices, that are fixed in a location for uses associated with structures, and relating to water use, drainage, heating, ventilating, air conditioning, and similar purposes. “Multifamily Property” means a residential Property that contains five or more Multifamily Dwelling Units. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 147 of 1285 “Nonresidential Property” means a Property or part thereof used for purposes other than human habitation. “Owner” means an individual, individuals, or entity possessing title to a Property, the board of directors, or managing partners in the case of a cooperative apartment corporation, association, or partnership, or a master tenant in a triple net lease arrangement, or the authorized representative thereof. “Previous Baseline Year” means a Covered Property’s first year submitting a Benchmarking Report pursuant to this section or CA Assembly Bill 802 if applicable, or the second to last year in which the Covered Property was subject to the Conservation Requirements, whichever is later. “Property” means any of the following: a. A single building; b. A campus of two or more buildings which are owned and operated by the same party, have a single shared primary function, and consisting of: i. Buildings that are behind a common utility meter or served by a common mechanical/electrical system (such as a chilled water loop) which would prevent the Owner from being able to easily determine the Energy use attributable to each of the individual buildings; and/or ii. Buildings or parts of buildings that have an individual Gross Floor Area of less than 20,000 square feet. “Retro-Commissioning” means a systematic process for optimizing existing systems relating to building performance through the identification and correction of deficiencies in such systems. “Significant Common Load” means a multifamily residential with Master Metering, Mechanical Equipment or where the total nonrentable portion of the Gross Floor Area is 10,000 square feet or more. “Site Energy Use” means the total amount of all the energy a property consumes on-site, regardless of the source, as calculated by ENERGY STAR® Portfolio Manager®. It includes energy purchased from the grid or in bulk (which are the amounts on utility bills), as well as renewable energy generated and consumed on site such as from solar and wind (excess renewable energy generated on site and sold to the utility is excluded from site energy use). “Site EUI (Energy Use Intensity)” means the Site Energy Use divided by the property’s Gross Floor Area as calculated by ENERGY STAR® Portfolio Manager®. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 148 of 1285 “Source Energy Use” means the total amount of raw fuel that is required to operate a property, as calculated by ENERGY STAR® Portfolio Manager®. In addition to what the property consumes on-site, Source Energy Use includes losses that take place during generation, transmission, and distribution of the energy. “Source EUI (Energy Use Intensity)” means the Source Energy Use divided by the property’s Gross Floor Area as calculated by ENERGY STAR® Portfolio Manager®. “Verified ENERGY STAR Score” means an ENERGY STAR Score based on data that has been verified by a Professional Engineer (PE) or Registered Architect (RA). D. Benchmarking Requirements. Owner shall Benchmark in accordance with the following on or before the compliance deadlines specified in subsection (G) of this section: 1. Establish an ENERGY STAR Portfolio Manager account (if Owner has not already done so), add Covered Properties completing all required fields (if Owner has not already done so), and maintain current all required fields. 2. Annually collect data, according to the schedule set forth in subsection (F)(1) of this section related to the property’s total energy usage for the entire prior calendar year in accordance to the latest guidance under Building Energy Use Data Access, Benchmarking, and Public Disclosure Regulations, California Code of Regulations, Title 20, Division 2, Chapter 4, Article 9, Section 1680, and following, including, but not limited to, those related to obtaining customer consent. 3. Annually submit an energy benchmarking to the Conservation Section report according to the schedule set forth in subsection (F)(1) of this section. The energy benchmarking report shall be generated using ENERGY STAR Portfolio by responding to the Conservation Section’s designated Data Request for the appropriate compliance year. 4. Benchmarking Reports shall at minimum include the following: a. Descriptive Information. Basic descriptive information to track and report a property’s compliance with this chapter, including, but not limited to, the property address(es), Gross Floor Area, property type, year(s) built, and the individual or entity responsible for the Benchmarking Report; and b. Energy Information. Information necessary to Benchmark Energy usage shall be determined by the Conservation Section and shall include, at a minimum, the following information and derivatives thereof: i. The ENERGY S TAR Portfolio Manager ENERGY STAR Score for the property, and ENERGY STAR certification status, where available; and SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 149 of 1285 ii. The weather-normalized Site and Source Energy Use (kBTU) and Energy Intensity (EUI) per unit area per year (kBTU per square foot per year) for the property; and iii. The Site and Source Energy Use (kBTU), and Energy Use Intensity (EUI) per unit area per year (kBTU per square foot per year) for the property; and iv. The annual carbon dioxide equivalent emissions due to Energy use for the Property as estimated by ENERGY STAR Portfolio Manager; and v. Monthly and annual Site energy use by energy type and share of energy use supplied by on- and off-site renewables. 5. Starting in 2023, Owners may be assessed an annual Benchmarking Filing Fee to recover the costs of implementation, enforcement, administration and infrastructure for this section. The City Manager may adjust the Benchmarking Filing Fee annually. 6. Owners shall run the Data Quality Checker available within ENERGY STAR Portfolio Manager and shall correct all missing or incorrect information as identified by ENERGY STAR Portfolio Manager prior to submitting the Benchmarking Report to the City. 7. Exemptions from Benchmarking Requirements. a. The Owner may receive an exemption from filing a Benchmarking Report and remitting the Benchmarking Filing Fee for a reporting year, subject to Conservation Section approval, by submitting evidence in accordance with guidelines set forth by the Conservation Section that any of the following conditions apply: i. The entire Property did not have a Certificate of Occupancy or Temporary Certificate of Occupancy for at least half of the year required to be Benchmarked; or ii. The entire Property was not occupied, due to renovation, for at least half of the year to be Benchmarked; or iii. A demolition permit for the entire Property has been issued and demolition work has commenced; or iv. The Property did not receive Energy or water services for at least half of calendar year required to be Benchmarked; or v. The Property is in Financial Distress; or vi. Disclosure of the Property Energy usage data would result in the release of proprietary information that can be characterized as a trade secret or would otherwise violate a customer’s right to privacy under the California Constitution or other applicable law. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 150 of 1285 E. Direct Disclosure and Public Disclosure Requirements. Properties shall comply with subsections (E)(1), (2), and (3) of this section. 1. Direct Disclosure of Benchmarking Report. Owners shall provide a web link or hard copy to their most recent Benchmarking Report to: a. Existing tenants and current owners with an interest of five percent or more, within 90 days of annual Benchmarking compliance deadline. b. Prospective buyers prior to close of sale and prospective tenants prior to lease signing or lease renewal. 2. Direct Disclosure of Audit and Retro-Commissioning Reports. Owners shall provide Energy Audit and Retro-Commissioning Reports produced for compliance with subsection (F)(4) of this section, if applicable, to all existing residential and nonresidential tenants within 90 days of the Conservation compliance deadline. Owners shall confer with any nonresidential tenants that pay utility costs, identifying energy efficiency investment opportunities and assessing the potential for mutually beneficial co- investment arrangements in accordance with procedures established by Conservation Section within 180 days of the Conservation compliance deadline. 3. Public Disclosure. The City will make data public. a. The Conservation Section shall make the following information available to the public on the internet, as reported by Owners, and update the information at least annually: i. Summary statistics on overall compliance with this section; and ii. Summary statistics on overall energy consumption of Covered Properties subject to this section derived from annual benchmarking reports; and iii. For each building subject to this section: iv. Address and property use type(s); and v. Annual summary statistics derived from the submitted benchmarking report, including all information required under subsection (D)(4) of this section. b. Exemption. Properties with more than half of Gross Floor Area used for Industrial Occupancy are exempt from the Public Disclosure requirements (subsection (E)(3) of this section). F. Conservation Requirements. Conservation Requirements apply according to the compliance deadlines specified in subsection (G) of this section. Properties meeting the SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 151 of 1285 requirements for a High Performing Building (subsection (C) of this section) are exempt from all requirements in this subsection (F). 1. Multifamily properties are subject to the Multifamily Prescriptive Measure requirements (subsection (F)(6) of this section) by their first five-year Conservation Requirement deadline. In addition, multifamily properties with Significant Common Load must meet either the Performance Targets (subsection (F)(3) of this section), or the Audit Requirement (subsection (F)(4) of this section) and Minimum Improvement requirement (subsection (F)(5) of this section). 2. Nonresidential must meet either the Performance Targets (subsection (F)(3) of this section), or the Audit Requirement (subsection (F)(4) of this section) and Minimum Improvement requirement (subsection (F)(5) of this section). 3. Performance Targets. Every five years demonstrate that: a. Property has decreased its Site EUI-WN by at least the Improvement Target in Table 15.26.050(F)(3)(a) below from Baseline Year; Table 15.26.050(F)(3)(a). Baseline Year ENERGY STAR Score Improvement Target 0 – 45 30% 46 – 65 20% 66 – 79 10% 80+ None b. Or if Property was not eligible for an ENERGY STAR Score in the baseline year, Property has reduced its weather-normalized Site EUI by at least the Improvement Target in Table 15.26.050(F)(3)(b) below from Baseline Year. Table 15.26.050(F)(3)(b). SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 152 of 1285 Baseline Year Site EUI-WN (kBTU/sf/year) Improvement Target 80+ 30% 51 – 79 20% 19 – 50 10% 0 – 18 None c. Tables 15.26.050(F)(3)(a) and 15.26.050(F)(3)(b) shall be updated periodically by the Conservation Section subject to City Council approval. 4. Audit Requirement. Every five years an Energy Audit and Retro-Commissioning shall be performed in accordance with the following specifications: a. Energy Audit and Retro-Commissioning Specifications. i. Audit Type. A Level 1, or greater, Energy Audit in conformance with the current ASHRAE Standard 211 “Commercial Building Energy Audits” at the time the Audit is initiated. Before Owners choose an ASHRAE Level 1 Energy Audit they must also obtain a quote for a more extensive audit and discuss the additional value with the audit provider. Owners shall document fulfillment of this requirement as specified by the Conservation Section. ii. Retro-Commissioning. Retro-Commissioning requirements shall be performed in accordance with industry standard practices, including current ASHRAE Guideline 0.2 “Commissioning Process for Existing Systems and Assemblies” at the time the Retro- Commissioning is initiated. (A) Applicability. Retro-Commissioning requirements shall apply to properties that meet all of the following: (1) At least 50,000 square feet of conditioned space; (2) Existing Mechanical Equipment; (3) Digital controls in place that are reparable or in good working order in the opinion of the auditor. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 153 of 1285 (B) Exemption. Properties that have experienced major changes in operations during prior six months or have planned to make major changes in the following year. (C) The Retro-Commissioning of the Base Building Systems shall include, at minimum, the following: (1) Heating, ventilation, air conditioning (HVAC) systems and controls; and (2) Indoor lighting systems and controls; and (3) Water heating systems; and (4) Renewable energy systems. iii. Audit Professional Qualifications. Audits shall be signed and performed directly by or under the direct supervision of, an individual whose job duties do not regularly occur at the Property and who has two or more years of auditing experience and possesses one or more of the certifications specified in Table 15.26.050(F)(4)(a)(v) or other qualifying certifications as specified by the Conservation Section. iv. Retro-Commissioning Professional Qualifications. Retro-Commissioning shall be performed directly by or under the direct supervision of, an individual whose job duties do not regularly occur at the Property and who has two or more years of auditing experience and possesses one or more of the certifications specified in Table 15.26.050(F)(4)(a)(v) or other qualifying certifications as specified by the Conservation Section. v. Qualifying Professional Certifications. 15.26.050(F)(4)(a)(v) Qualifying Professional Certifications Professional Type Qualifying Certification Energy Audit or Retro- 1. An accredited certification that has been designated a Commissioning Professional “Better Buildings Recognized Program” by the DOE (any listed) meeting the criteria set forth in the Better Buildings Workforce Guidelines (BBWG) for Building Energy Auditors or Energy Managers 2. A Professional Engineer (PE) registered in the State of California SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 154 of 1285 Professional Type Qualifying Certification Energy Audit Professional 1. Certified Energy Auditor (CEA) or (any listed) Certified Energy Manager (CEM), issued by the Association of Energy Engineers (AEE) 2. Certified Facilities Manager (CFM), issued by the International Facility Management Association (IFMA) 3. System Maintenance Administrator (SMA) or System Maintenance Technician (SMT), issued by Building Owners and Managers Institute (BOMI) International 4. High Performance Building Design Professional (HBPD) or Building Energy Assessment Professional (BEAP), issued by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) 5. For Audits of multifamily residential properties only, a Multifamily Building Analyst (MFBA), issued by the Building Performance Institute (BPI) Retro- 1. Certified Commissioning Professional (CCP), issued by Commissioning Professional the Building Commissioning Association (BCA) (any listed) 2. Certified Commissioning Authority (CxA) or Certified Commissioning Technician (CxT), issued by the AABC Commissioning Group (ACG) 3. Certified Building Commissioning Professional (CBCP) or Existing Building Commissioning Professional (EBCP), issued by the Association of Energy Engineers (AEE) 4. Certified Professional certified by the National Environmental Balancing Bureau (NEBB) 5. Commissioning Process Management Professional (CPMP), issued by American Society of Heating, SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 155 of 1285 Professional Type Qualifying Certification Refrigerating, and Air-Conditioning Engineers (ASHRAE) 6. Accredited Commissioning Process Authority Professional (ACPAP) approved by the University of Wisconsin vi. Energy Audit and Retro-Commissioning Report. A report (or reports) of the Energy Audit and Retro-Commissioning (where applicable), completed and signed by a qualified Audit Professional and qualified Retro-Commissioning Professional, shall be submitted electronically to the Conservation Section via the Conservation Section’s designated Audit Report Template, or via other means as specified by the Conservation Section. Completed Reports shall include all items designated as required, including but not limited to the following: (A) The date(s) that the Energy Audit and Retro-Commissioning (if applicable) were performed; and (B) Identifying information on the auditor provider (and Retro-Commissioning provider if applicable); and (C) Information on the base building systems and equipment; and (D) A list of retrofit measures available to the Owner that can reduce energy use, and/or cost of operating the Property including: (1) Costs of each measure; and (2) An estimate of the energy and operating cost savings associated with each measure; and (3) Simple payback of each measure; and (4) Identification of at least two contractors able to perform measure. (E) Identification or recommendation of measures applicable to tenant-controlled spaces, including estimates for energy and operating savings for all affected tenants; and (F) Identification or recommendation of measures needed to meet applicable Performance Targets; and SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 156 of 1285 (G) Identification or recommendation of measures needed to meet Minimum Improvement, if applicable; and (H) Identification of all rebate, incentive and financing programs available to property and/or in association with specific measures; and (I) If applicable, a list of a ll the Retro-Commissioning process activities undertaken and Retro-Commissioning measures completed; and (J) A list of all retrofit measures taken (if applicable); and (K) Functional performance testing reports (if applicable); and (L) Operational training conducted (if applicable); and (M) Attestation that an ASHRAE level 2 Energy Audit and (if applicable) ASHRAE 0.2 Retro-Commissioning process were conducted. 5. Minimum Improvement. Every 10 years properties must demonstrate that: a. Property has decreased its Site EIU-WN by at least the Mandatory Minimum Improvement in Table 15.26.050(F)(5)(a) below from the Previous Baseline Year; Table 15.26.050(F)(5)(a). Baseline Score 0 – 45 Year ENERGY STAR Mandatory Improvement 15% Minimum 46 – 65 10% 66 – 79 None 80+ None b. Or, if Property was not eligible for an ENERGY STAR Score in the Previous Baseline Year, Property has decreased its Site EIU-WN by at least the Mandatory Minimum Improvement in Table 15.26.050(F)(5)(b) below from the Previous Baseline Year. Table 15.26.050(F)(5)(b). SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 157 of 1285 Baseline WN (kBTU/sf/year) 80+ Year Site EUI- Mandatory Improvement 15% Minimum 51 – 79 10% 19 – 50 None 0 – 18 None c. Tables 15.26.050(F)(5)(a) and 15.26.050(F)(5)(b) shall be updated periodically by the Conservation Section subject to City Council approval. d. Exemption. Owners are not required to complete retrofit measures identified or recommended in the most recent audit report for meeting the Minimum Improvement (per subsection (F)(4)(a)(vi)(G) of this section) if those measures have a simple payback greater than 13 years, or have a payback period that exceeds the expected useful life of the retrofit measure. If all measures identified per subsection (F)(4)(a)(vi)(G) of this section having a simple payback of 13 years or less, and having an expected useful life that is longer than the payback period, are completed, the Mandatory Minimum Improvement percentage in Table 15.26.050(F)(5)(a) or Table 15.26.050(F)(5)(b), as applicable, is waived. 6. Multifamily Prescriptive Measures. Multifamily Residential Properties constructed prior to 2006 must perform the minimum number of measures required in Table 15.25.050(F)(6)(a) within all tenant spaces where utility costs are borne by tenants. Owners may choose any applicable measures from Table 15.25.050(F)(6)(b). Measures already in place shall count toward satisfying the minimum number of measures. Where a measure is not applicable it shall count toward satisfying the minimum number of measures. Table 15.26.050(F)(6)(a). Year Built Climate Zone 7 Climate Zone 10 Pre-1978 Choose four Measures Choose five Measures SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 158 of 1285 Year Built Climate Zone 7 Climate Zone 10 1978 – 1991 Choose three Measures 1992 – 2005 Choose two Measures 15.26.050(F)(6)(b) Measure Description Name R-38 Attic Add attic insulation in buildings with vented attic spaces to meet R-38. Insulation Air Sealing Apply air sealing practices throughout all accessible areas of the unit. All joints, penetrations and other openings in the building envelope that are potential sources of air leakage shall be caulked, gasketed, weather stripped, or otherwise sealed to limit infiltration and exfiltration. Buildings constructed before 1992 should be sealed to 7 Air Changes per Hour (ACH), and buildings constructed from 1992-2005 should be sealed to 5 ACH, at 50 Pascals pressure difference. Cool Roof For steep slope roofs, install a roofing product rated by the Cool Roof Rating Council (CRRC) with an aged solar reflectance of 0.25 or higher and thermal emittance of 0.75 or higher. Duct Sealing Air seal a ny accessible ductwork to meet the requirements of the 2016 Title 24 Section 150.2(b)1E. Units with one or more vented combustion appliances are STRONGLY RECOMMENDED to have a BPI Combustion Appliance Safety Inspection performed after duct sealing. LED Lighting Replace low performing screw based lighting with high performing lighting per the requirements of Title 24 Section 150.0(k)1.A,D,G,H and I. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 159 of 1285 Measure Description Name Water Heating Water Heater Blanket: Add R-6 insulation to the exterior of existing residential Package (if tank storage water heaters manufactured before April 2015. Requirement is water heater waived for water heaters with internal tank insulation of at least R-16. serves individual Hot Water Pipe Insulation: Insulate all accessible hot water pipes with R-3 pipe unit) insulation. Low Flow Fittings: Upgrade sink and shower fittings to meet 2016 CALGreen requirements, which require maximum flow rates of 1.8 gallons per minute (gpm) for showerheads and kitchen faucets, and 1.2 gpm for bathroom faucets. Windows Replace existing single pane windows with a dual pane product, which has a U- factor equal to 0.32 or lower and a Solar Heat Gain Coefficient (SHGC) equal to 0.25 or lower. This measure was only evaluated for the pre-1978 vintage, which is assumed to have single-pane, metal-frame windows. Water Heater High Efficiency Heat Pump Water Heater: Replace natural gas storage water Replacement heater, or, tankless water heater having an Energy Factor of .81 or less, with (if water heater serves Heat Pump Water Heater with Uniform Energy Factor (UEF) of at least 3.1 (Northwest Energy Efficiency Alliance Tier 3). individual unit) -or- High Efficiency Tankless Water Heater: Replace natural gas storage water heater, or, tankless water heater having a Energy Factor of .81 or less, with tankless water heater with a minimum Energy Factor of 0.96. Air High Efficiency Air Conditioner: Replace an existing air conditioner having a Conditioner SEER rating of 13 or less with an air conditioner of at least 18 SEER. Replacement -or- High Efficiency Heat Pump: Replace an existing air conditioner having a SEER rating of 13 or less with a Heat Pump of at least 18 SEER. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 160 of 1285 7. Amortization of Pass-Through Costs. Where lease terms allow owners to pass on the costs of complying with this section to lessees, should Owner choose to do so, those costs may not be passed through in bulk. Instead they shall be amortized as follows: a. Audit Requirement costs shall be amortized over five years. b. Costs of measure implementation shall be amortized over the expected useful life of the measure. 8. Exemptions. The following exemptions apply to the Conservation Requirement: a. The Property has been occupied less than five years; b. The Property is in Financial Distress; c. A demolition permit for the entire Property has been issued and demolition work has commenced; d. The Property has not previously been subject to the Benchmarking Requirement. G. Compliance Schedule. Compliance deadlines for the requirements of this section are detailed in Table 15.26.050(G) below. The Conservation Section may grant an extension of time of up to 60 days to file any submittal required by this section upon request in writing. The Conservation Section may grant an additional extension up to 180 days upon an application demonstrating evidence of substantial hardship. Table 15.26.050(G). Compliance Deadlines Section Compliance Deadlines 50,000+ square feet GFA 20,000 – 49,999 square feet GFA Benchmarking Requirements May 20th of March 20th of each year beginning 2022 CVMC 15.26.050(D) each year beginning 2022 Direct Disclosure and Public Disclosure Beginning Beginning Requirements September 1, 2022 September 1, 2022 CVMC 15.26.050(E)(1), (2) SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 161 of 1285 Section Compliance Deadlines 50,000+ square feet GFA 20,000 – 49,999 square feet GFA Conservation Requirements Every Every CVMC 15.26.050(F)(1) through (4), (7), (8) five years beginning 2023 or later according to a schedule to be determined by the Conservation Section five years beginning 2026 or later according to a schedule to be determined by the Conservation Section Minimum Improvement Requirements Every Every CVMC 15.26.050(F)(5) 10 years beginning in the year 2028 or later according to a schedule to be determined by the Conservation Section 10 years beginning in the year 2031 or later according to a schedule to be determined by the Conservation Section Multifamily Prescriptive Upgrades 2023 or later according to a schedule to be determined by the Conservation Section 2023 or later according to a schedule to be determined by the Conservation Section CVMC 15.26.050(F)(6) H. Record Maintenance. The Owner shall maintain records related to Benchmarking, Audits and Retro-Commissioning, and Efficiency Improvement Measures including, but not limited to, the Energy and water bills and reports or forms received from tenants and/or utilities. Such records shall be preserved for a period of five years. When the Property is sold, copies of the records shall be given to the new Owner. Ownership of the property in Portfolio Manager must also be transferred to the new owner. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 162 of 1285 I. Failure to Comply. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section and any such person shall be subject to the following remedies and enforcement measures: 1. A Notice of Failure to Comply shall be issued to the Owner specifying the provisions violated and including an order to correct outlining steps necessary to bring Property back under compliance; and 2. On the sixtieth day following issuance of a Notice of Failure to Comply, the following may be issued: a. Monetary Fines. Monetary fines may be levied up to the amounts shown in Table 15.26.050(I)(2)(a) on a per incident basis depending on Property GFA. Table 15.26.050(I)(2)(a). Maximum Fine Amounts Property Size (square feet) Amount per Incident 20,000 – 49,999 GFA Up to $750 50,000 – 99,999 GFA Up to $1,500 100,000+ GFA Up to $2,250 b. Public disclosure of noncompliance. 3. Monetary penalties for noncompliance shall be waived until January 1, 2023. J. Implementation Authority. The City Manager may adopt rules and regulations for the implementation of this section including, without limitation, supplementing the list of qualified measures set forth in Table 15.26.050(F)(6)(b) as new energy efficient technologies or materials are developed. Section II. Findings The City Council of the City of Chula Vista specifically and expressly finds and declares that section 15.26.050 is reasonably necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 163 of 1285 public safety and adverse economic impacts of power outages or power reductions. Reduction of total and peak energy use, as a result of incremental energy conservation measures required by this Ordinance, will have local and regional benefits in the cost- effective reduction of energy costs for the building owner, additional available system energy capacity and a reduction in greenhouse gas emissions. 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 will take effect and be in force thirty days after final passage but not before January 1, 2023. 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 Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 164 of 1285 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE, PLUMBING CODE, ADOPTING THE CALIFORNIA PLUMBING CODE, 2022 EDITION AND LOCAL AMENDMENTS THERETO WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and WHEREAS, local jurisdictions are permitted to adopt local amendments to the State building codes before they take effect; and WHEREAS, local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological, or topographical conditions; and WHEREAS, he proposed ordinance adopts the 2022 California Plumbing Code and proposes the re-adoption of section 15.28.020, Residential Graywater Stub-out with a minor change to exclude Accessory Dwelling Units from the requirement. The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.28 That chapter 15.28 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.28 PLUMBING CODE Sections: 15.28.010 California Plumbing Code, 2019 2022 Edition, adopted by reference. 15.28.015 Repealed. 15.28.020 Residential graywater Stub-out. 15.28.010 California Plumbing Code, 2019 2022 Edition, adopted by reference. There is hereby adopted by reference the California Plumbing Code, 2019 2022 Edition, known as the California Code of Regulations, Title 24, Part 5, including Appendices A, B, D, H, I, and J, as adopted by state agencies, and excluding Chapter 1, Division II of that document as copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. Said document is hereby adopted as the plumbing code of the City of Chula Vista for regulating the complete installation, maintenance, and repair of plumbing, drainage systems, water systems, gas systems, and private sewage disposal systems on all properties and SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 165 of 1285 within all buildings and structures in the City. Chapter 15.06 CVMC of the Chula Vista Municipal Code shall serve as the administrative, organizational, and enforcement rules and regulations for this chapter. 15.28.020 Residential graywater stub-out. All new detached single-family dwellings and duplexes, excluding Accessory Dwelling Units, shall include a single-source clothes washer graywater outlet and an outside stub-out to allow the later installation of a clothes washer graywater irrigation system that complies with the requirements of Section 1503.1.1 of the 2019 2022 California Plumbing Code. The outlet and stub-out shall be installed in accordance with the Chula Vista Clothes Washer Graywater Pre- Plumbing and Stub-Out for New Residential Construction or an equivalent alternate method and/or material approved by the Building Official. The provisions of this sSection may be modified or waived when it can be satisfactorily demonstrated to the Building Official that compliance with these regulations is impractical due to construction or physical constraints, or due to site and/or soil conditions. Section II. Findings and Declaration The City Council specifically and expressly finds and declares that section 15.28.020 is necessary due to local climatic conditions. As a result of prolonged droughts exacerbated by climate change, it is anticipated that water supplies from imported sources are reduced, and furthermore, as a result of population and economic growth, demand for water is expected to increase. These impacts could limit imported water availability, lead to higher demand for local water sources and increase utility costs. Requiring single-source graywater stub-out in new residential development facilitates the use of graywater for irri gation which in turn helps address these water-related climate change impacts. 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. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 166 of 1285 Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 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 SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 167 of 1285 https://chulavista.escribemeetings.com/CCR_Nov08_2022/eSCRIBE Documents/eSCRIBE Raw Attachments/41/Ordinance K_Chapter 15.36 .docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING EXISTING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE BASED UPON THE 2022 CALIFORNIA FIRE CODE AND LOCAL AMENDMENTS THERETO WHEREAS, Health and Safety Code Section 17958 mandates that the City Council of the City of Chula Vista adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2022 California Fire Code; and WHEREAS, the State of California has adopted and published California Code of Regulations Title 24, Part 9 as the California Fire Code, effective January 1, 2023; and WHEREAS, on January 1, 2023, all existing fire code adoptions and amendments of local agencies automatically reverted to the new state code unless new local adoptions and local amendments are made; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2022 California Fire Code, and together with the Chula Vista Fire Department local amendments, these shall be the Fire Code of the City of Chula Vista; and WHEREAS, code amendments adopted by the State of California shall take precedence over the 2022 California Fire Code language and the 2022 California Fire Code language shall be used for those code sections not adopted by the State; and WHEREAS, local amendments adopted by the City Council of the City of Chula Vista shall take precedence over the 2022 California Fire Code; and WHEREAS, Health and Safety Code Section 17958.5 permits the City Council of the City of Chula Vista to make local amendments to the Code as are reasonably necessary due to local conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council of the City of Chula Vista before making any local amendments make express findings that such local amendments are needed due to climatic, geological, or topographical conditions; and SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 168 of 1285 Ordinance Page 2 WHEREAS, the City Council of the City of Chula Vista does herewith find that the City of Chula Vista has certain climatic, geologic, and topographic features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; and WHEREAS, the City Council of the City of Chula Vista finds that the local amendments to the 2022 California Fire Code are reasonably necessary because of the local climatic, geological, and topographical conditions; and WHEREAS, this geologic finding recognizes regional geological conditions and the likelihood of numerous structure fires following a greater magnitude seismic event. It also considered the limited ability of local emergency services to provide fire protection due to extraordinary service demands following such events; and WHEREAS, this topographic finding recognizes concern for local topographical conditions along primary travel routes throughout the City of Chula Vista. These conditions impede egress and the rapid deployment and effectiveness of emergency resources; and WHEREAS, both climatic and topographic findings recognize respective conditions that can create an extreme fire danger and certain amendments to the 2022 California Fire Code serve to mitigate to the extent possible said deleterious effects and modification to the California Fire Code is necessary for community health and safety; and WHEREAS, Section 50022.1 through 50022.10, inclusive, of the Government Code and Section 13869 of the Health and Safety Code, provide authority for the adoption by reference of codes, or portion of such codes. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Repeal Chapter 15.36 That existing Chapter 15.36 of the Chula Vista Municipal Code is repealed in its entirety. Section II. New Chapter 15.36 That new Chapter 15.36 of the Chula Vista Municipal Code is adopted to read as follows: Chapter 15.36 FIRE CODE Sections: 15.36.005 Adoption 15.36.010 California Fire Code Chapter 1 - Scope and Administration - Adopted and amended 15.36.015 California Fire Code Chapter 2 - Definitions - Adopted and amended 15.36.020 California Fire Code Chapter 3 - General Requirements - Adopted in part and amended 15.36.025 California Fire Code Chapter 4 - Emergency Planning and Preparedness - SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 169 of 1285 Ordinance Page 3 Adopted in part 15.36.030 California Fire Code Chapter 5 - Fire Service Features - Adopted and amended 15.36.035 California Fire Code Chapter 6 - Building Services and Systems - Adopted 15.36.040 California Fire Code Chapter 7 - Fire and Smoke Protection Features - Adopted 15.36.045 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and Furnishings - Adopted 15.36.050 California Fire Code Chapter 9 - Fire Protection and Life Safety Systems - Adopted and amended 15.36.055 California Fire Code Chapter 10 - Means of Egress - Adopted 15.36.060 California Fire Code Chapter 11 - Construction Requirements for Existing Buildings - Adopted in part 15.36.065 California Fire Code Chapter 12 - Energy Systems - Adopted 15.36.070 California Fire Code Chapter 20 - Aviation Facilities - Adopted 15.36.075 California Fire Code Chapter 21 - Dry Cleaning - Adopted 15.36.080 California Fire Code Chapter 22 - Combustible Dust - Producing Operations - Adopted 15.36.085 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and Repair Garages - Adopted 15.36.090 California Fire Code Chapter 24 - Flammable Finishes - Adopted 15.36.095 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted 15.36.100 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging - Not adopted 15.36.105 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities - Adopted 15.36.110 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities - Adopted 15.36.115 California Fire Code Chapter 29 - Manufacture of Organic Coatings - Adopted 15.36.120 California Fire Code Chapter 30 - Industrial Ovens - Adopted 15.36.125 California Fire Code Chapter 31 - Tents, Temporary Special Event Structures and Other Membrane Structures - Adopted 15.36.130 California Fire Code Chapter 32 - High-Piled Combustible Storage - Adopted 15.36.135 California Fire Code Chapter 33 - Fire Safety During Construction and Demolition - Adopted 15.36.140 California Fire Code Chapter 34 - Tire Rebuilding and Tire Storage - Adopted 15.36.145 California Fire Code Chapter 35 - Welding and Other Hot Work - Adopted 15.36.150 California Fire Code Chapter 36 - Marinas - Adopted 15.36.155 California Fire Code Chapter 37 - Combustible Fibers - Adopted 15.36.160 California Fire Code Chapter 39 - Processing and Extraction Facilities - Adopted 15.36.165 California Fire Code Chapter 40 - Storage of Distilled Spirits and Wine - Adopted SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 170 of 1285 Ordinance Page 4 15.36.170 California Fire Code Chapter 48 - Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations - Adopted 15.36.175 California Fire Code Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas – Adopted and amended 15.36.180 California Fire Code Chapter 50 - Hazardous Materials - General Provisions - Adopted 15.36.185 California Fire Code Chapter 51 - Aerosols - Adopted 15.36.190 California Fire Code Chapter 53 - Compressed Gases - Adopted 15.36.195 California Fire Code Chapter 54 - Corrosive Materials - Adopted 15.36.200 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted 15.36.205 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted and amended 15.36.210 California Fire Code Chapter 57 - Flammable and Combustible Liquids - Adopted 15.36.215 California Fire Code Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids - Adopted 15.36.220 California Fire Code Chapter 59 - Flammable Solids - Adopted 15.36.225 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials - Adopted 15.36.230 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted 15.36.235 California Fire Code Chapter 62 - Organic Peroxides - Adopted 15.36.240 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids - Adopted 15.36.245 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted 15.36.250 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics - Adopted 15.36.255 California Fire Code Chapter 66 - Unstable (Reactive) Materials - Adopted 15.36.260 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids - Adopted 15.36.265 California Fire Code Chapter 80 - Referenced Standards - Adopted 15.36.270 California Fire Code Appendices - Adopted in part and amended 15.36.005 Adoption. The City of Chula Vista hereby adopts by reference the 2022 Edition of the California Fire Code, including Appendix Chapters B, BB, C, CC, H and O, and the California Standards, with the amendments contained in the following sections of Chapter 15.36. As adopted and amended herein, the 2022 California Fire Code (hereinafter “California Fire Code”) becomes the Fire Code of the City of Chula Vista. The City of Chula Vista further amends the provisions of the California Fire Code to include the requirements of the California Fire Code for those occupancies not subject to the 2022 California Fire Code. 15.36.010 California Fire Code Chapter 1—Scope and Administration—Adopted and amended. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 171 of 1285 Ordinance Page 5 California Fire Code, Chapter 1, Scope and Administration, is adopted in its entirety with the following amendments: A. Chapter 1, Section 105.5, Required operational permits, is amended to read as follows: 105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in all of Section of 105.5: Sections 105.5.1 through Sections 105.5.57. B. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.55 General use permit, to read as follows: 105.5.55 General use permit. An operational permit is required for the issuance of a general use permit and its respective inspection. A general use permit is required for any activity or operation not specifically described therein, to include high occupant loads and or when in the judgement of the Fire Code Official is likely to produce conditions hazardous to life or property. Mercantile occupancies 10,000sqf or greater, with no other permits, are required to have a general use operational permit. C. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.56 State-mandated, to read as follows: 105.5.56 State-mandated. An operational permit is required for California state-mandated inspected occupancies. D. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.57 General use certificate, to read as follows: 105.5.57 General use certificate. A temporary operational permit is required for the issuance of a general use certificate and its respective inspections. A general use certificate is required for each new business within the City that is applying for a business license or for an existing business that is changing operations or expanding business operations into new suites and is revising their respective business license (with a physical commercial address within city limits). E. Chapter 1, Section 106.1, Submittals and requirements, is amended to read as follows: 106.1 Submittals and requirements. Construction documents and supporting data shall be submitted in three or more sets, or in an approved electronic format, with each application for a permit and in such form and detail as required by the fire code official. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Construction documents, plans, submittals, and other documents associated with building or remodeling a structure, including fire and life safety systems and fire service features, SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 172 of 1285 Ordinance Page 6 shall be in accordance with adopted codes, Sections 106.1 through 106.4, and the Fire Department’s Fire Safety Engineering Standard Details and Requirements. Exception. The fire code official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. F. Chapter 1, Section 108.2, Inspections, is amended to add Section 108.2.3 Re-inspection, to read as follows: 108.2.3 Re-inspection. Following an inspection, whether initial, annual, or other, during which it is determined that a violation exists, fire code re-inspections may be conducted at the discretion of the Fire Department until such violations have been corrected. G. Chapter 1, Section 112.4, Violation penalties, is amended to read as follows: 112.4 Violation penalties. Persons who shall violate a provision of this code, including non-compliance with stop work and or do not occupy orders, or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than the greater of $1,000 dollars or as established by the City of Chula Vista Policy and Procedures Manual for Civil Penalties or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. H. Chapter 1, Section 113.4, Failure to comply, is amended to read as follows: 113.4 Failure to comply. Any person, who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than $250 dollars or more than $1,000 dollars. 15.36.015 California Fire Code Chapter 2—Definitions—Adopted and amended. California Fire Code, Chapter 2, Definitions, is adopted in its entirety with the following amendments: Chapter 2, Section 202, is amended to add the following definitions: FIRE AUTHORITY HAVING JURISDICTION (FAHJ). Designated entity providing enforcement of fire regulations as they relate to planning, construction and development, and maintenance. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 173 of 1285 Ordinance Page 7 FIRE DEPARTMENT. Any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or Fire Company regularly charged with the responsibility of providing fire protection to the jurisdiction. FIRE HAZARD. Anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or egress of occupants in the event of fire. FIRE SERVICE FEATURES. Is a general term inclusive of all other terms such as driveway, fire lane, public street, private street, parking lot, lane, access roadway or the like. VEGETATION. Weeds, grass, vines or other organic (cellulose) growth that is capable of being ignited and endangering property. 15.36.020 California Fire Code Chapter 3—General Requirements—Adopted in part and amended. California Fire Code, Chapter 3, General Requirements, is adopted in its entirety except for Section 303, Asphalt Kettles, and includes the following amendment: Chapter 3, Section 308.1.4, Open-flame cooking devices, is amended to read as follows: 308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. Group R-2 and Group R-3 occupancies. 2. Where buildings, balconies and decks are protected by an automatic sprinkler system. 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 21/2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity]. 15.36.025 California Fire Code Chapter 4—Emergency Planning and Preparedness— Adopted in part. California Fire Code, Chapter 4, Emergency Planning and Preparedness, is amended to adopt only the sections and subsections listed below: A. 401—401.9 B. 402 C. 403.1 D. 403.2 E. 403.4—403.4.4 SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 174 of 1285 Ordinance Page 8 F. 403.10.2.1.1 G. 403.10.6 H. 403.12—403.12.3 I. 404.5—404.6.6 J. 407. Respective to Cannabis businesses and the licensing thereof, Emergency Action and Fire Prevention Plans are required and shall comply with the provisions as set forth in Chula Vista Municipal Code, 5.19.050.B.1.e, and as further outlined under the City’s Cannabis Regulations, §0502. Cannabis business Emergency Action and Fire Prevention Plans shall show compliance with California Fire Code, Chapter 4, Emergency Planning and Preparedness, Sect ions 404 through 407. 15.36.030 California Fire Code Chapter 5—Fire Service Features—Adopted and amended. California Fire Code, Chapter 5, Fire Service Features, is adopted in its entirety with the following amendment: Chapter 5 is amended to add Section 511 Preplanning response maps and data, and Section 511.1 Requirements, to read as follows: 511 PREPLANNING RESPONSE MAPS AND DATA 511.1 Requirements. Applicants submitting permits for and building any new development or project, which necessitates updating of emergency response maps by virtue of new structures and their respective appurtenances, hydrants, roadways, and or similar features, shall be required to provide electronic files with respective layers, in an approved format, to the FAHJ. 15.36.035 California Fire Code Chapter 6—Building Services and Systems—Adopted. California Fire Code, Chapter 6, Building Services and Systems, is adopted in its entirety without amendments. 15.36.040 California Fire Code Chapter 7—Fire and Smoke Protection Features— Adopted. California Fire Code, Chapter 7, Fire and Smoke Protection Features, is adopted in its entirety without amendments. 15.36.045 California Fire Code Chapter 8—Interior Finish, Decorative Materials and Furnishings—Adopted. California Fire Code, Chapter 8, Interior Finish, Decorative Materials and Furnishings, is adopted in its entirety without amendments. 15.36.050 California Fire Code Chapter 9—Fire Protection and Life Safety Systems— Adopted and amended. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 175 of 1285 Ordinance Page 9 California Fire Code, Chapter 9, Fire Protection and Life Safety Systems, is adopted in its entirety with the following amendments: A. Chapter 9, Section 901.6.3, Records, is amended to add Section 901.6.3.2 Records reporting, to read as follows: 901.6.3.2 Records reporting. All inspection, testing and maintenance reports shall be forwarded and made accessible to the Fire Department using the electronic media and platform of the designated third party as approved by the City. Paper (hard copy) reports are not permitted. B. Chapter 9, Section 903.2.8.1, Group R-3, is amended to add Section 903.2.8.1.1 NFPA 13- D meter size, to read as follows: 903.2.8.1.1 NFPA 13-D meter size. The minimum water meter size serving NFPA 13-D (dwelling) fire sprinkler systems shall be no less than one (1) inch in diameter. Exceptions: 1. Minimum meter size can be dependent upon hydraulic analysis, including safety factors, for second dwelling units and accessory structures to group R3 occupancies. C. Chapter 9, Section 905.4, Location of Class I standpipe hose connections, is amended to read as follows: 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at intermediate floor level landings between floors or as approved by the fire code official. See Section 909.20.2.3 of the California Building Code for additional provisions in smokeproof enclosures. Exception to Item 1 of 905.4 shall remain in full force and effect along with Exceptions 2 through 6. 15.36.055 California Fire Code Chapter 10—Means of Egress—Adopted. California Fire Code, Chapter 10, Means of Egress, is adopted in its entirety without amendments. 15.36.060 California Fire Code Chapter 11—Construction Requirements for Existing Buildings—Adopted in part. California Fire Code, Chapter 11, Construction Requirements for Existing Buildings, is amended to adopt only the sections and subsections listed below: A. 1103.3.3 B. 1103.7 SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 176 of 1285 Ordinance Page 10 C. 1103.7.3 D. 1103.7.3.1 E. 1103.7.8—1103.7.8.2 F. 1103.7.9—1103.7.9.10 G. 1103.8—1103.8.5.3 H. 1103.9.1 I. 1107 J. 1113 K. 1114 L. 1115 M. 1116 15.36.065 California Fire Code Chapter 12—Energy Systems—Adopted. California Fire Code, Chapter 12, Energy Systems, is adopted in its entirety without amendments. 15.36.070 California Fire Code Chapter 20—Aviation Facilities—Adopted. California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without amendments. 15.36.075 California Fire Code Chapter 21—Dry Cleaning—Adopted. California Fire Code, Chapter 21, Dry Cleaning, is adopted in its entirety without amendments. 15.36.080 California Fire Code Chapter 22—Combustible Dust-Producing Operations—Adopted. California Fire Code, Chapter 22, Combustible Dust-Producing Operations, is adopted in its entirety without amendments. 15.36.085 California Fire Code Chapter 23—Motor Fuel-Dispensing Facilities and Repair Garages—Adopted. California Fire Code, Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages, is adopted in its entirety without amendments. 15.36.090 California Fire Code Chapter 24—Flammable Finishes—Adopted. California Fire Code, Chapter 24, Flammable Finishes, is adopted in its entirety without amendments. 15.36.095 California Fire Code Chapter 25—Fruit and Crop Ripening—Adopted. California Fire Code, Chapter 25, Fruit and Crop Ripening, is adopted in its entirety without amendments. 15.36.100 California Fire Code Chapter 26—Fumigation and Insecticidal Fogging— Not adopted. California Fire Code, Chapter 26, Fumigation and Insecticidal Fogging, is not adopted. 15.36.105 California Fire Code Chapter 27—Semiconductor Fabrication Facilities— Adopted. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 177 of 1285 Ordinance Page 11 California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted in its entirety without amendments. 15.36.110 California Fire Code Chapter 28—Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities—Adopted. California Fire Code, Chapter 28, Lumber Yards and Agro -industrial, Solid Biomass and Woodworking Facilities, is adopted in its entirety without amendments. 15.36.115 California Fire Code Chapter 29—Manufacture of Organic Coatings— Adopted. California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety without amendments. 15.36.120 California Fire Code Chapter 30—Industrial Ovens—Adopted. California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without amendments. 15.36.125 California Fire Code Chapter 31—Tents, Temporary Special Event Structures and Other Membrane Structures—Adopted. California Fire Code, Chapter 31, Tents, Temporary Special Event Structures and Other Membrane Structures, is adopted in its entirety without amendments. 15.36.130 California Fire Code Chapter 32—High-Piled Combustible Storage— Adopted. California Fire Code, Chapter 32, High-Piled Combustible Storage, is adopted in its entirety without amendments. 15.36.135 California Fire Code Chapter 33—Fire Safety During Construction and Demolition—Adopted. California Fire Code, Chapter 33, Fire Safety During Construction and Demolition, is adopted in its entirety without amendments. 15.36.140 California Fire Code Chapter 34—Tire Rebuilding and Tire Storage— Adopted. California Fire Code, Chapter 34, Tire Rebuilding and Tire Storage, is adopted in its entirety without amendments. 15.36.145 California Fire Code Chapter 35—Welding and Other Hot Work—Adopted. California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted in its entirety without amendments. 15.36.150 California Fire Code, Chapter 36—Marinas—Adopted. California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments. 15.36.155 California Fire Code, Chapter 37—Combustible Fibers—Adopted. California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without amendments. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 178 of 1285 Ordinance Page 12 15.36.160 California Fire Code, Chapter 39—Processing and Extraction Facilities— Adopted. California Fire Code, Chapter 39, Processing and Extraction Facilities, is adopted in its entirety without amendments. 15.36.165 California Fire Code Chapter 40—Storage of Distilled Spirits and Wine— Adopted. California Fire Code, Chapter 40, Storage of Distilled Spirits and Wine, is adopted in its entirety without amendments. 15.36.170 California Fire Code Chapter 48—Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations—Adopted. California Fire Code, Chapter 48, Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations, is adopted in its entirety without amendments. 15.36.175 California Fire Code Chapter 49—Requirements for Wildland-Urban Interface Fire Areas—Adopted and amended. California Fire Code, Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, is adopted in its entirety with the following amendments: A. Chapter 49, Section 4907.2, Application, is amended to read as follows: 4907.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management: 1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as a State Responsibility Area (SRA). 2. Land designated as a Very High Fire Hazard Severity Zone by the Director. 3. Land designated in ordinance by local agencies as a Very High Fire Hazard Severity Zone pursuant to Government Code Section 51179. 4. Designated areas by the Fire Code Official. B. Chapter 49, Section 4907.3, Requirements, is amended to add Section 4907.3.1 Designated areas, to read as follows: 4907.3.1 Designated areas. All non-maintained combustible vegetation, and or other such accumulations of non-maintained combustible vegetation materials in open space areas, as determined by the Fire Code Official, shall be maintained in an approved manner within one hundred (100) feet of any building or structure designed or intended for occupancy by humans or animals. 15.36.180 California Fire Code Chapter 50—Hazardous Materials—General Provisions—Adopted. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 179 of 1285 Ordinance Page 13 California Fire Code, Chapter 50, Hazardous Materials—General Provisions, is adopted in its entirety without amendments. 15.36.185 California Fire Code Chapter 51—Aerosols—Adopted. California Fire Code, Chapter 51, Aerosols, is adopted in its entirety without amendments. 15.36.190 California Fire Code Chapter 53—Compressed Gases—Adopted. California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without amendments. 15.36.195 California Fire Code Chapter 54—Corrosive Materials—Adopted. California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without amendments. 15.36.200 California Fire Code Chapter 55—Cryogenic Fluids—Adopted. California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments. 15.36.205 California Fire Code Chapter 56—Explosives and Fireworks—Adopted and amended. California Fire Code, Chapter 56, Explosives and Fireworks, is adopted in its entirety with the following amendments: A. Chapter 56, Section 5601.1.3, Fireworks, is amended to add Section 5601.1.3.1 Retail fireworks, to read as follows: 5601.1.3.1 Retail fireworks. The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G are prohibited unless they are being used as part of a public display when permitted and conducted by a licensed pyrotechnic operator. B. Chapter 56, Section 5601.1.3, Fireworks, is amended to add Section 5601.1.3.2 Seizure of fireworks, to read as follows: 5601.1.3.2 Seizure of fireworks. The fire code official shall have the authority to seize, take, or remove all fireworks possessed, stored, sold, offered for sale, used or handled in violation of the provisions of this Ordinance and Title 19 California Code of Regulations. 15.36.210 California Fire Code Chapter 57—Flammable and Combustible Liquids— Adopted. California Fire Code, Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety without amendments. 15.36.215 California Fire Code Chapter 58—Flammable Gases and Flammable Cryogenic Fluids—Adopted. California Fire Code, Chapter 58, Flammable Gases and Flammable Cryogenic Fluids, is adopted in its entirety without amendments. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 180 of 1285 Ordinance Page 14 15.36.220 California Fire Code Chapter 59—Flammable Solids—Adopted. California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without amendments. 15.36.225 California Fire Code Chapter 60—Highly Toxic and Toxic Materials— Adopted. California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without amendments. 15.36.230 California Fire Code Chapter 61—Liquefied Petroleum Gases—Adopted. California Fire Code, Chapter 61, Liquefied Petroleum Gases, is adopted in its entirety without amendments. 15.36.235 California Fire Code Chapter 62—Organic Peroxides—Adopted. California Fire Code, Chapter 62, Organic Peroxides, is adopted in its entirety without amendments. 15.36.240 California Fire Code Chapter 63—Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids—Adopted. California Fire Code, Chapter 63, Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, is adopted in its entirety without amendments. 15.36.245 California Fire Code Chapter 64—Pyrophoric Materials—Adopted. California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without amendments. 15.36.250 California Fire Code Chapter 65—Pyroxylin (Cellulose Nitrate) Plastics— Adopted. California Fire Code, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted in its entirety without amendments. 15.36.255 California Fire Code Chapter 66—Unstable (Reactive) Materials—Adopted. California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety without amendments. 15.36.260 California Fire Code Chapter 67—Water-Reactive Solids and Liquids— Adopted. California Fire Code, Chapter 67, Water-Reactive Solids and Liquids, is adopted in its entirety without amendments. 15.36.265 California Fire Code Chapter 80—Referenced Standards—Adopted. California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without amendments. 15.36.270 California Fire Code Appendices—Adopted and amended. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 181 of 1285 Ordinance Page 15 The Appendices to the California Fire Code are adopted as follows: A. Appendix B, Fire-Flow Requirements for Buildings, is adopted in its entirety with the following amendments: Appendix, Table B105.1(1), Required fire flow for one- and two-family dwellings, group R-3 and R-4 buildings and townhouses, is amended to read as follows: TABLE B105.1(1). TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESb Fire-Flow Calculation Area (sqf) Automatic Sprinkler Systems (design-standard) Minimum Fire- Flow (gallons per minute)a Flow Duration (hours) 0-3,600 No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate 3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate 0-3,600 Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate 3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code Value in Table B105.1(2) Duration in Table B105.1(2) at the required fire-flow rate For SI: 1 square foot = 0.0929 m2. 1 gallon per minute = 3.785 L/m. a. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm. b. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ may require a fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system hazard classification upgrad e in lieu of water main upsizing. Table B105.2, Required fire flow for buildings other than one- and two-family dwellings, group R-3 and R-4 buildings and townhouses, is amended to read as follows: TABLE B105.2. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 182 of 1285 Ordinance Page 16 TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESc Automatic Sprinkler Systems (design-standard) Minimum Fire-Flow (gallons per minute)b Flow Duration (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 75% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the original flow rate Section 903.3.1.2 of the California Fire Code 75% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the original flow rate For SI: 1 gallon per minute = 3.785 L/m a. The reduced fire-flow rate shall not be less than 1,500 gallons per minute. b. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm. c. When the existing water main cannot supply the minimum required fire flow rate, the FAHJ may require a fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system hazard classification upgrade in lieu of water main upsizing. B. Appendix BB, Fire-Flow Requirements for Buildings, is adopted in its entirety with the following amendment: Appendix BB, Section BB105, Fire-Flow Requirements for Buildings, is amended to read as follows: BB105.1 The minimum fire flow and flow duration for school buildings shall be as specified in Table BB105.1. Exception. A reduction in required fire flow of up to 25 percent is allowed when the building is provided with an approved automatic sprinkler system. When a reduction in fire flow is used, fire flow shall not be less than 1500 GPM. C. Appendix C, Fire Hydrant Locations and Distribution, is adopted in its entirety with the following amendment: Appendix C, Table C102.1, Required number and spacing of fire hydrants - Footnotes, is amended to read as follows: TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS a. The fire code official is authorized to modify the locations, number and distribution of fire hydrants based upon site-specific conditions, constraints, and hazards. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 183 of 1285 Ordinance Page 17 Footnotes b through h are deleted. D. Appendix CC, Fire Hydrant Locations and Distribution, is adopted in its entirety with the following amendment: Appendix CC, Table CC105.1, Number and distribution of fire hydrants - Footnotes, is amended to read as follows: TABLE CC105.1 NUMBER AND DISTRIBUTION OF FIRE HYDRANTS Footnotes a through e are deleted. E. Appendix H, Hazardous Materials Management Plans and Hazardous Materials Inventory Statements, is adopted in its entirety. F. Appendix O, Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses, is adopted in its entirety. G. Appendices not listed herein are not adopted as part of this Ordinance. Section III. Findings and Declarations The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the additions and amendments listed in Chula Vista Municipal Code, 15.36, Fire Code, are necessary due to local climatic, geological, and topographical conditions. Local climatic, geologic, and topographic findings for each of the Fire Code additions and amendments are as follows: A. Local climatic conditions. Climate is one of the greatest impacts to fire behavior and other major emergency events because it cannot be controlled. The local seasonal climatic conditions during the summer months and fall create severe fire hazards to the public health and welfare in the city. The hot, dry weather in combination with Santa Ana winds frequently results in vegetation fires. Additionally, several consecutive years of local and state-wide drought conditions have and continue to occur, which reduces vegetation fuel moisture. With little moisture in the fuel, fires can more easily start, and wind and other driving forces may cause rapid and intense fire spread. These local conditions combined with the geological and topographical characteristics within the city create hazardous conditions for which departure from the California Building Standard Code is required. B. Local geological conditions. The city is subject to earthquake hazards caused by its location on the La Nacion fault zone and Chula Vista fault, and its proximity to the Rose Canyon fault. Seismic action could disrupt communications, damage gas mains, cause extensive electrical hazards, increase the likelihood of numerous structure fires , and place extreme demands on both private fire protection systems and equipment. The extreme demands also extend to the Fire Department and its ability to meet and provide the fire protection and life safety needs of the community. Being that the city is within a seismic area that includes earthquake faults, the modifications and changes cited herein are designed to limit property damage as a result of seismic activity. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 184 of 1285 Ordinance Page 18 C. Local topographical conditions. The city has several topographical features, including bordering by a bay, a lake, Otay River Valley and Sweetwater river, and parkways, narrow streets, open space, varying elevations, bridges, overpasses, freeways, and railroad tracks including light rail. These conditions can impede the rapid deployment and effectiveness of emergency resources; further, these conditions and increasing populations can slow evacuation. Additionally, the varying elevations across the city increase wind effect and can have significant negative impacts during vegetation and other fires. The modifications and additions to the California Building Standards Code are reasonably necessary to mitigate to the extent possible the respective deleterious effects and for community health and safety. California Health and Safety Code section 17958.7 requires that the modifications or changes be expressly marked and identified as to which each finding refers. The following table provides the City of Chula Vista Municipal Code Sections and the associated conditions for modification due to local climatic, geological, and /or topographical reasons. Findings Related to Local Amendments Section Number Local Climatic / Geological / Topographical Conditions 15.36.005 Section III: A, B, C 15.36.010 Section III: A, B, C 15.36.015 Section III: A, B, C 15.36.020 Section III: A, B, C 15.36.025 Section III: A, B, C 15.36.030 Section III: A, B, C 15.36.035 Section III: A, B, C 15.36.040 Section III: A, B, C 15.36.045 Section III: A, B, C 15.36.050 Section III: A, B, C 15.36.055 Section III: A, B, C 15.36.060 Section III: A, B, C 15.36.065 Section III: A, B, C 15.36.070 Section III: A, B, C 15.36.075 Section III: A, B, C 15.36.080 Section III: A, B, C 15.36.085 Section III: A, B, C 15.36.090 Section III: A, B, C 15.36.095 Section III: A, B, C 15.36.100 Section III: A, B, C 15.36.105 Section III: A, B, C 15.36.110 Section III: A, B, C 15.36.115 Section III: A, B, C 15.36.120 Section III: A, B, C 15.36.125 Section III: A, B, C 15.36.130 Section III: A, B, C SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 185 of 1285 Ordinance Page 19 15.36.135 Section III: A, B, C 15.36.140 Section III: A, B, C 15.36.145 Section III: A, B, C 15.36.150 Section III: A, B, C 15.36.155 Section III: A, B, C 15.36.160 Section III: A, B, C 15.36.165 Section III: A, B, C 15.36.170 Section III: A, B, C 15.36.175 Section III: A, B, C 15.36.180 Section III: A, B, C 15.36.185 Section III: A, B, C 15.36.190 Section III: A, B, C 15.36.195 Section III: A, B, C 15.36.200 Section III: A, B, C 15.36.205 Section III: A, B, C 15.36.210 Section III: A, B, C 15.36.215 Section III: A, B, C 15.36.220 Section III: A, B, C 15.36.225 Section III: A, B, C 15.36.230 Section III: A, B, C 15.36.235 Section III: A, B, C 15.36.340 Section III: A, B, C 15.36.245 Section III: A, B, C 15.36.250 Section III: A, B, C 15.36.255 Section III: A, B, C 15.36.260 Section III: A, B, C 15.36.265 Section III: A, B, C 15.36.270 Section III: A, B, C Section IV. 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 V. 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. SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 186 of 1285 Ordinance Page 20 Section VI. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage but not before January 1, 2023. Section VII. 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 _____________________________________ ____________________________________ Harry Muns Glen R. Googins Fire Chief City Attorney SECOND READING AND ADOPTION 2022/12/06 City Council Post Agenda Page 187 of 1285 v . 0 03 P a g e | 1 November 8, 2022 ITEM TITLE Boards and Commissions: Approve Changes to the Structure and Scope of Various City Boards and Commissions and Amend the Municipal Code Accordingly Report Number: 22-0297 Location: No specific geographic location Department: City Manager and City Clerk Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Place an ordinance on first reading to approve revisions to General Rules for City boards and commissions, and the structure and scope of various City boards and commissions, as well as corresponding changes throughout the Municipal Code (First Reading); and adopt a resolution rescinding City Council Policy No. 110-15, “Youth Action Council,” based on City Council feedback from the meeting held October 11, 2022. SUMMARY In response to a City Council referral, City staff conducted a review of the various boards and commissions to determine any overlap in roles and responsibilities and proposed changes to the structure and scope of various City boards and Commissions. The proposed changes were presented to the City Council at the meeting on October 11, 2022, following which the City Council provided feedback and direction to staff. Approval of this item will implement the City Council’s desired changes, with some exceptions, as explained further in the staff report. 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 2022/12/06 City Council Post Agenda Page 188 of 1285 P a g e | 2 Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista currently has 24 boards and commissions made up of community members who volunteer their time and expertise to consult and advise the Mayor, City Council, and City Manager. In response to a City Council referral, City staff conducted a review of the various boards and commissions to determine any overlap in roles and responsibilities and proposed changes to the structure and scope of various City boards and Commissions. The proposed changes were presented to the City Council at the meeting on October 11, 2022. With the City Council’s provided feedback at that meeting, staff has prepared the resolution and ordinance included as part of this item. A summary of the proposed revisions is provided below. SUMMARY OF PROPOSED CHANGES TO SPECIFIC BOARDS AND COMMISSIONS BOARD/COMMISSION PROPOSED CHANGES COMMENTS Commission on Aging Merge duties into the Healthy Chula Vista Advisory Commission Healthy Chula Vista Advisory Commission is proposed to be renamed “Health, Wellness, and Aging Commission,” and additional duties are proposed Growth Management Oversight Commission Sunset the commission Corresponding revisions to CVMC Title 19, Planning and Zoning, are proposed; Measure A Citizens Oversight Committee and Measure P Citizens Oversight Committee sections are revised to eliminate the GMOC Designated Member seats; staff will return with necessary revisions to policy documents at a later date Healthy Chula Vista Advisory Commission Rename “Health, Wellness, and Aging Commission,” add duties and seat qualifications related to older adults; add one youth member Historic Preservation Commission Merge into Planning Commission Corresponding revisions to the Planning Commission are proposed Planning Commission Expand role and duties to incorporate duties related to historic preservation Corresponding revisions to various sections in the code that referred to the Historic Preservation Commission are proposed 2022/12/06 City Council Post Agenda Page 189 of 1285 P a g e | 3 BOARD/COMMISSION PROPOSED CHANGES COMMENTS Housing Advisory Commission Rename “Housing and Homelessness Advisory Commission,” expand role and duties to make recommendations on matters related to services, programs, and funding for the City’s unsheltered community International Friendship Commission Merge into Cultural Arts Commission Corresponding duties are proposed to be added to the Cultural Arts Commission Cultural Arts Commission Expand roles and duties to incorporate International Friendship Commission and add one youth member Mobilehome Rent Review Commission No changes recommended at this time Staff will continue to evaluate consolidating the duties of the Mobilehome Rent Review Commission and will return at a later date with recommendations Safety Commission Rename “Traffic Safety Commission” Corresponding revisions to various sections in the code that referred to the Safety Commission are proposed Youth Action Council Sunset the Council Youth members are proposed to be added to: the Board of Library Trustees (1); Health, Wellness, and Aging Commission (1); Cultural Arts Commission (1); Human Relations Commission (1); Parks and Recreation Commission (1); Sustainability Commission (2) Measure A Citizens Oversight Commission Remove one seat for the Growth Management Oversight Commission Total number of seats will be reduced from 12 to 11 Measure P Citizens Oversight Commission Remove Designated Member options for the Growth Management Oversight Commission and Youth Sports Council The number of seats on the Commission will not change; in addition to the GMOC no longer being a Designated Member option, Youth Sports Council is also removed as the organization no longer exists Human Relations Commission Add one youth member Parks and Recreation Commission Add one youth member Sustainability Commission Add two youth members Board of Library Trustees Add one youth member Youth Members/Summary of Proposed Changes to General Rules for Boards and Commissions The general rules for City boards and commissions (Chula Vista Municipal Code chapter 2.25) are revised to include provisions for youth members. Proposed changes establish “Youth Advisory Members” who may 2022/12/06 City Council Post Agenda Page 190 of 1285 P a g e | 4 serve as non-voting members on specified boards and commissions. Youth Advisory Members must be between the ages of 16 and 22 at the time of their appointment. They are not required to be registered voters but must be a resident of the City. Youth Advisory Members serve two-year terms with a maximum of two terms. Youth Advisory Members are not entitled to make motions or vote but may offer an advisory opinion on matters considered by the board or commission. The City Council expressed interest in considering allowing newly added youth members to vote. Section 602(d) of the City’s Charter requires all voting members of existing boards and commissions to be qualified electors. One requirement to be a qualified elector is to be at least 18 years of age. Measure K is before the voters in the November 2022 election to amend the City’s charter, including qualifications to serve on boards and commissions. If Measure K passes, voting members under the age of 18 would be permitt ed when approved by City ordinance. Staff recommends adding the youth members as non-voting members at this time and, should Measure K pass, staff could return with an ordinance to update any sections accordingly. Youth Advisory Members are provided for in the membership section of certain boards and commissions. Youth Advisory Members are proposed to be added to Board of Library Trustees (1); Health, Wellness, and Aging Commission (1); Cultural Arts Commission (1); Human Relations Commission (1); Parks and Recreation Commission (1); Sustainability Commission (2). Additional Actions Sections throughout the Municipal Code require corresponding updates to conform provisions to the changed board and commission titles, roles, and duties. Necessary revisions are included in the proposed ordinance. Attachment 1 shows the changes in redline format. The Youth Action Council was established in 2007 by City Council Policy No. 110-15 (Attachment 2). The City Council accepted staff’s recommendation to place youth members on several of the City’s boards and commissions in lieu of having a Youth Action Council. Adoption of the proposed resolution will rescind City Council Policy No. 110-15. The proposed changes would result in 19 currently seated members of City boards and commissions being displaced. The City Clerk’s office will work with affected members in the coming weeks to determine their interest in being considered for appointment to fill a vacancy on another City board or commission. All appointments will be presented to the City Council for consideration, as required by CVMC 2.25.050(D). 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 2022/12/06 City Council Post Agenda Page 191 of 1285 P a g e | 5 Per a 2022 study conducted by the City Clerk of City staff time dedicated to the facilitation of Boards and Commissions, the proposed changes would eliminate about 213 hours of staff time in the current fiscal year dedicated to the Commission on Aging, Growth Management Oversight Commission, Historic Preservation Commission, International Friendship Commission, Mobilehome Rent Review Commission, and Youth Action Council combined. ONGOING FISCAL IMPACT Per a 2022 study conducted by the City Clerk of City staff time dedicated to the facilitation of Boards and Commissions, the proposed changes would eliminate 426 hours of staff time per year dedicated to the Commission on Aging, Growth Management Oversight Commission, Historic Preservation Commission, International Friendship Commission, Mobilehome Rent Review Commission, and Youth Action Council combined. ATTACHMENTS 1. Redline version of the proposed changes to the Municipal Code 2. City Council Policy 110-15: Youth Action Council Staff Contact: Adrianna Hernandez, Special Projects Manager, City Manager’s Office and Kerry Bigelow, City Clerk 2022/12/06 City Council Post Agenda Page 192 of 1285 SECOND READING AND ADOPTION C:\Program Files\eSCRIBE\TEMP\1324781119\1324781119,,,Ordinance - Board and Commission Revisions.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS CHAPTERS AND SECTIONS OF THE CHULA VISTA MUNICIPAL CODE TO REVISE GENERAL RULES FOR BOARDS AND COMMISSIONS AND REVISE CHAPTERS GOVERNING INDIVIDUAL BOARDS AND COMMISSIONS TO AMEND CERTAIN ROLES, RESPONSIBILITIES, AND MEMBERSHIP AND CONSOLIDATE AND REPEAL CERTAIN BOARDS AND COMMISSIONS WHEREAS, in response to a City Council referral made on August 8, 2022, City s taff conducted a review of the City’s boards and commissions to determine any overlap in roles and responsibilities and propose changes, including possible consolidation, to improve efficiency and effectiveness; and WHEREAS, staff presented its recommendations and received direction from the City Council at the City Council meeting on October 11, 2022; and WHEREAS, the City Council desires to revise certain general rules for City boards and commissions, as well as the roles, responsibilities, and membership of certain City boards and commissions. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. A. Specified sections of Chapter 2.25 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.25 that are not specifically listed below remain unchanged.] 2.25.020 Definitions. For purposes of this chapter, the following words are defined: “Board” and “Commission” include boards, commissions, and committees established by the Chula Vista Charter or ordinance. “Brown Act” means the Ralph M. Brown Act, Government Code Section 54950 et seq., commonly referred to as the Brown Act or the California Open Meeting Law. “Entire Voting Membership” or “Entire Membership” means those individuals who have been appointed to, have been sworn in to serve on, have not been removed from, have not vacated their seat on, and who are eligible and entitled to vote as Members of a Board or Commission. It does not include Ex Officio Members or Youth Advisory Members and does not include any seat 2022/12/06 City Council Post Agenda Page 193 of 1285 Ordinance Page 2 specified in the Charter provision or ordinance creating the Board or Commission that is unfilled due to a vacancy, pursuant to CVMC 2.25.105. Notwithstanding the foregoing, at least one-half of the voting seats specified in the Charter provision or ordinance creating the Board or Commission must be filled in order for the board or Commission to act. For example, if a seven-Member board has two vacancies, the remaining five voting members constitute the “Entire Membership.” Accordingly, an action that requires a majority vote could be taken if at least three of the voting board members vote in its favor. The City Council intends that this definition clarify the term “Entire Membership” as used in Section 603 of the City Charter. “Ex Officio Members” means the individuals who are appointed by the City Council to serve in an advisory capacity on a Board or Commission, but who are not entitled to vote or to make motions. “Ex Officio Members” do not include City staff who provide information to or sit with a Board or Commission. “Interview” means the process by which applicants are given an opportunity to present themselves to the City Council, or other interview panel, and the City Council or other panel questions and evaluates the applicants. Should an applicant be unable to attend an interview, the Council or panel may elect to consider a letter of interest or interview by other means, such as telephone or video conference, in lieu of an in-person meeting. “Member” means an individual who has been appointed to, has been sworn in to serve on, has not been removed from, and who has not vacated his or her seat on a Board or Commission. “Members” includes Voting Members, Ex Officio Members, and Youth Advisory Members. “Registered Voter” means an individual who is registered to vote in City of Chula Vista elections. “Voting Member” means an individual appointed by the City Council who is entitled to vote and make motions in his or her capacity as a member of a Board or Commission. “Youth Advisory Member” means the individuals who meet the qualifications specified in CVMC 2.25.030(E) and are appointed by the City Council to serve in an advisory capacity on a Board or Commission. Youth Advisory Members are not entitled to make motions or vote but may offer an advisory opinion on matters considered by the Board or Commission. 2.25.030 Membership – Qualifications and eligibility. Member qualifications and eligibility shall be in accordance with Chula Vista Charter Section 602 and this Section: A. An individual is eligible to serve on only one Board or Commission at a time, unless the Member is filling a seat on another Board or Commission that was specifically created to represent the Board or Commission to which he or she was originally appointed. B. A paid officer or employee of the City is not eligible to be appointed to or to serve on a Board or Commission. C. A Member is ineligible to be appointed to another Board or Commission during the first 12 months of his or her term; this prohibition does not apply to appointments to serve as a representative Member on another Board or Commission, pursuant to Subsection (A) of this Section, or to appointments of Members to another Board or Commission when their original Board or Commission was disbanded within the first 12 months of their term. D. The City Council may appoint Ex Officio Members to any Board or Commission because of particular background or experience that the City Council deems will assist a particular Board or 2022/12/06 City Council Post Agenda Page 194 of 1285 Ordinance Page 3 Commission in handling a discrete set of issues. Ex Officio Members are not required to be Registered Voters and are subject to term limits as described in the Charter and CVMC 2.25.080 and 2.25.100. Ex Officio Members are not entitled to vote or to make motions. E. The City Council may appoint Youth Advisory Members to Boards and Commissions as those seats are provided for in the Membership section of individual board and Commission chapters in this Code. Youth Advisory Members shall be between the ages of 16 and 22 years old at the time of their appointment, and are not required to be Registered Voters, but shall be a resident in the City and maintain that status throughout their tenure. Youth Advisory Members are subject to term limits as described in CVMC 2.25.080 and 2.25.100. 2.25.050 Membership – Applications and appointments – General. A. The City Clerk shall maintain applications for prospective membership on Boards and Commissions for a period of one year from the date of application. The application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular Board or Commission and his or her qualifications for service on a particular Board or Commission. B. An individual who has submitted an application for appointment as a Voting Member, Ex Officio, or Youth Advisory Member of any Board or Commission may be interviewed as part of the nomination and selection process. C. If a vacancy occurs on any Board or Commission within one year of interviews being conducted for that Board or Commission, interviews are not required if all of the following criteria are met: (1) the vacancy was properly noticed and new applications solicited; (2) no new, qualified applications were received; (3) one or more qualified applicants from the original interviews remain eligible and interested in being appointed; and (4) the appointment process for the Board or Commission does not specifically prohibit this subsection. D. Members of each board and commission shall be appointed by at least three affirmative votes of the City Council. 2.25.060 Membership – Oath of office – Effective date of taking office. The City Clerk or his or her designee shall administer the oath of office to newly appointed Voting Members, Ex Officio Members, and Youth Advisory Members. Newly appointed Members must take the oath of office before they may participate or vote as a Member of the Board or Commission to which they have been appointed. Members assume their office on the date they take the oath of office. 2.25.080 Membership – Terms – Standard term of office – Holdover office. A. The standard term of office for Board and Commission Members, other than Youth Advisory Members, is four years. The standard term begins July 1st and ends June 30th four years later. B. The standard term of office for Youth Advisory Members is two years. The standard term begins July 1st and ends June 30th two years later. C. At the end of any Member’s term, they shall be permitted to continue to exercise the privileges of their former office until the office is filled by the appointment of a qualified successor. 2022/12/06 City Council Post Agenda Page 195 of 1285 Ordinance Page 4 2.25.100 Membership – Terms – Filling unexpired terms. A. Voting Member and Ex Officio Member terms shall be in accordance with Chula Vista Charter Section 602 and this Subsection A: 1. A Voting Member who currently sits on a particular Board or Commission may not be appointed to fill the unexpired term of another Voting Member’s vacated seat on that same Board or Commission. An individual who currently sits as an Ex Officio Member or a Youth Advisory Member of a Board or Commission may be appointed to fill the unexpired term of a Voting Member’s vacated seat on the same Board or Commission if the Ex Officio Member or Youth Advisory Member meets the eligibility criteria for voting membership. The appointment process shall be the same as provided for in the applicable membership section for the Board or Commission. 2. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equals two years, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end date of the unexpired term shall be the expiration date of the vacating Member’s term of office. B. Youth Advisory Member terms shall be in accordance with this Subsection B: 1. Youth Advisory Members shall be limited to a maximum of two consecutive terms; provided, further, that for the purpose of this Section, an appointment to fill an initial term or an unexpired term of less than one year in duration shall not be considered as a term; however, any appointment to fill an initial term or an unexpired term in excess of one year shall be considered to be a full term. 2. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equal to one year, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end date of the unexpired term shall be the expiration date of the vacating Member’s term of office. 2.25.130 Code of ethics. Voting Members, Ex Officio Members, and Youth Advisory Members of Boards and Commissions are public officials and, therefore, act as agents for the public’s purpose and hold office for the public’s benefit. As public officials, they are bound to uphold the law, observe in their official acts a high standard of morality and discharge faithfully the duties of their office, recognizing that the public interest must be a primary concern. Members of Boards and Commissions are expected to conform to the City’s code of ethics, found in Chapter 2.01 CVMC. If a Board or Commission Member is in doubt about whether the code of ethics applies to a particular situation, the Member may request in writing an advisory opinion from the Board of Ethics. 2.25.150 Conflicts of interest – Recusal from discussion and voting. A. Voting Members, Ex Officio Members, and Youth Advisory Members who are 18 years of age or older of certain Boards and Commissions may be required to file statements of economic interest as determined in the City’s conflict of interest code. The City Clerk will notify Members who are required to file the statements. 2022/12/06 City Council Post Agenda Page 196 of 1285 Ordinance Page 5 B. The state’s Political Reform Act and the City’s conflict of interest code state that no person shall make or participate in the making of a governmental decision that he or she knows, or has reason to know, will have a reasonably foreseeable material financial effect on him or her distinguishable from its effect on the public generally. The Political Reform Act and implementing regulations require a public official diligently to monitor his or her business interests, real property, sources of income, gifts, and personal finances to ensure that he or she does not participate in an action in which he or she has a conflict of interest. C. When a Member has a conflict of interest, or the appearance of a conflict of interest, he or she must publicly state the nature of the conflict. Unless the item is on the consent calendar, the Member must step down from the dais or table and leave the room until consideration of the particular item is finished. Additionally, the disqualified Member may not be counted toward achieving a quorum while the item is being discussed. A Member may consult the City Attorney if he or she has a question about whether or not a conflict exists and whether or not he or she should disqualify himself or herself from discussing or voting on an issue. 2.25.260 Operations – Staff support. A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to serve as secretary to each board and commission. In addition to other duties specified in this chapter, the secretary is responsible for finalizing resolutions and performing other administrative duties, as necessary. B. The City Manager may make available other staff and clerical support as requested by a Board or Commission to fulfill its functions and duties, provided such staff and clerical support are available. C. Staff persons assigned to assist Boards and Commissions shall not be considered Voting Members, Ex Officio Members, or Youth Advisory Members of those Boards and Commissions.. B. Section 2.32.060 of the Chula Vista Municipal Code is hereby amended as follows: 2.32.060 Membership. The Sustainability Commission shall consist of seven Voting Members and two Youth Advisory Members, to be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. C. Specified sections of Chapter 2.33 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.33 that are not specifically listed below remain unchanged.] 2.33.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Cultural Arts Commission to create an advisory body to serve as a resource to advise and make recommendations to the City Council and the City Manager on cultural arts issues citywide, as well as exchanges and activities with the City and its sister cities. The focused efforts of the Cultural Arts Commission will be to identify cultural arts needs and issues. 2022/12/06 City Council Post Agenda Page 197 of 1285 Ordinance Page 6 The purpose of the Commission is to focus community energies and resources on developing a highly visible City with a cultural arts personality and to develop, support, and nurture those ideas that expand and enrich arts and cultural opportunities for the entire community in addition to promoting cultural exchanges and activities on the basis of mutual friendship and amity between the City and its sister cities. 2.33.030 Functions and duties. The functions and duties of the Cultural Arts Commission shall be as follows: A. Encourage the preservation of Chula Vista’s cultural heritage and the creation of an atmosphere – a Chula Vista image – in which our citizens could take pride and have increased stature. B. Help coordinate and marshal support for the arts. C. Encourage the provision of cultural and artistic facilities and features in public and commercial construction. D. Formulate recommendations for a City arts program, including funding mechanisms, criteria for the selection and placement of public art, procedures for review plans, and guidelines to carry out a City arts program. E. Regularly assess, review and update recommended goals and long-range plans for the City; and regularly solicit public input on the arts. F. Encourage the development of arts and cultural programs for the youth of Chula Vista. G. Promote the creation of a cultural environment to attract visitors and economic development. The Commission, by having a definite focus and by demonstrating a high degree of commitment to the arts, can conduct strategic long-range planning to help reach these goals. H. Make recommendations for cultural exchanges and activities that are virtual and/or accessible on the basis of mutual friendship and amity between the City and its sister cities. I. The Commission may develop guidelines for consideration during the application and appointment processes for new Members, which may include relevant questions to be included on the application, recommended considerations when making an appointment, and definitions of terms referenced in CVMC 2.33.040, related to the qualifications of Members. 2.33.040 Membership. A. The Cultural Arts Commission shall consist of nine Voting Members and one Youth Advisory Member who represent a diversity of backgrounds, to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. All nine Voting Members shall demonstrate competence, knowledge and experience in cultural arts; and a minimum of six Members shall be appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines. 2022/12/06 City Council Post Agenda Page 198 of 1285 Ordinance Page 7 2. The Cultural Arts Commission may recommend guidelines to be used during the application and appointment processes, which may include relevant questions to be included on the application, a checklist of qualifications, and definitions of terms referenced in this Section, related to the qualifications of Members. 3. When a vacancy occurs on the Cultural Arts Commission, the City Clerk shall forward applications received for the vacant position to the Mayor and Cultural Arts Manager or other staff assigned to the Cultural Arts Commission. 4. Throughout the review of applications, selection of applicants to be Interviewed and Interviews of selected applicants, the Mayor shall consider guidelines developed by the Cultural Arts Commission, as well as recommendations for interviews or appointments that may be made by the Cultural Arts Commission, City Councilmembers, and the Cultural Arts Manager or other staff assigned to the Cultural Arts Commission. 5. The Mayor shall review the forwarded applications and select applicants to be Interviewed. The Mayor shall Interview selected applicants and provide the opportunity for the Cultural Arts Manager or other staff assigned to the Cultural Arts Commission to attend and assist with the interviews. The Mayor shall make nominations for appointment, subject to the City Council’s approval. D. Specified sections of Chapter 2.35 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.35 that are not specifically listed below remain unchanged.] Chapter 2.35 – HOUSING AND HOMELESSNESS ADVISORY COMMISSION 2.35.010 Creation. There is hereby created a Housing and Homelessness Advisory Commission, in accordance with the City Charter and with Section 34291 of the California Health and Safety Code. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. 2.35.020 Purpose and intent. It is the purpose and intent of the City Council, in establishing the Commission, to create an advisory and coordinating body which is to serve as a resource, to advise and to make recommendations to the Housing Authority, Successor Agency to the Redevelopment Agency, City Council, and City Manager on housing issues and opportunities that would benefit the community, including matters related to services, programs, and funding for the City’s unsheltered community. 2.35.030 Functions and duties. The functions and duties of the Housing and Homelessness Advisory Commission shall be as follows: A. Serve as an advisory body to the Housing Authority, City Council, Successor Agency to the Redevelopment Agency, and City Manager. 2022/12/06 City Council Post Agenda Page 199 of 1285 Ordinance Page 8 B. Periodically assess the housing needs of the residents of Chula Vista and review housing policies and strategies, including the Housing Element of the General Plan, and to make recommendations to improve said policies and strategies to address identified community housing needs. C. Review and make recommendations on all matters to come before the Housing Authority, except emergency matters and matters which the Housing Authority, by resolution, excludes from its review. D. Review all proposed affordable housing projects to be assisted with public funds or incentives and make recommendations concerning said projects. E. Review all affordable housing projects proposed under the City’s affordable housing program and related development agreements and make recommendations concerning said projects. F. Consider and make recommendations on matters related to services, programs, and funding for the City’s unsheltered community. G. Review ongoing housing programs of the Housing Authority, City, and Successor Agency to the Redevelopment Agency and make recommendations for improvement thereof, including efforts to publicize the availability of housing opportunities to City residents. H. Perform such others functions or duties as may be delegated by the Housing Authority. 2.35.040 Membership. A. The Housing and Homelessness Advisory Commission shall consist of seven Voting Members and up to two Ex Officio Members, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The Voting Members shall be appointed according to the following specifications: Three Members shall have expertise and experience in at least one of the following fields: lending, urban planning, real estate development, and real estate brokerage; two Members shall be appointed as representatives of tenants of the Housing Authority, and shall, at the time of their appointments and throughout their terms, reside in assisted housing or receive Section 8 rental housing assistance from the Housing Authority; one of these two Members shall be 62 years of age or older; and two Members shall be residents of the City at large, and shall, throughout their terms, maintain their residency and elector status. E. Section 2.36.040 of the Chula Vista Municipal Code is hereby amended as follows: 2.36.040 Membership. A. The Human Relations Commission shall consist of 11 Voting Members and one Youth Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The Members shall be: (1) representative of the diversity of the City; (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’s residents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civic activities of the City. 2022/12/06 City Council Post Agenda Page 200 of 1285 Ordinance Page 9 F. Chapter 2.37, Commission on Aging, is hereby repealed in its entirety. G. Chapter 2.38, International Friendship Commission, is hereby repealed in its entirety. H. Chapter 2.40, Growth Management Oversight Commission, is hereby repealed in its entirety. I. Section 2.41.040 of the Chula Vista Municipal Code is hereby amended as follows: 2.41.040 Membership. A. The Parks and Recreation Commission shall consist of seven Voting Members and one Youth Advisory Member appointed by the City Council in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Three voting seats shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining voting seats are nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 3. The Youth Advisory Member shall meet the qualifications of specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). B. In the event the City Council contracts with other agencies interested in recreation and parks for joint exercise of any functions, the contract may provide that the other agencies may have representation on the Commission during the term of the contract J. Section 2.42.015 of the Chula Vista Municipal Code is hereby added as follows: 2.42.015 Purpose and Intent. The purpose of this chapter is to supplement City Charter Section 605, establishing the Planning Commission and setting forth its powers and duties. It is the intent of the City Council that the Planning Commission shall additionally meet the certified local government requirements, as defined by the national Historic Preservation Act, and serve as the authority on historic preservation matters and advise the Council and other City Boards and Commissions, as needed, on historic preservation matters, as is mandated by CVMC Title 21, Historic Preservation. If there is any conflict between this chapter and the Charter, the Charter shall govern. K. Section 2.42.020 of the Chula Vista Municipal Code is hereby amended as follows: 2.42.020 Functions and duties. A. In accordance with Charter Section 606, the Planning Commission shall have the power and duty to: 2022/12/06 City Council Post Agenda Page 201 of 1285 Ordinance Page 10 1. Recommend to the City Council, after a public hearing, the adoption, amendment, or repeal of a Master Plan or any part thereof for the physical development of the City. 2. Exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by ordinance. B. Additionally, the Planning Commission shall have the power and duty, in accordance with CVMC 21.02.030 to: 1. Approve Major Certificates of Appropriateness and Historic Designations. 2. Uphold the goals and policies of the General Plan related to historic preservation. 3. Carry out the purpose and intent of CVMC Title 21, Historic Preservation. 4. Assist staff in the development and maintenance of a certified historic preservation program that carries out the provisions of the certified local government program. 5. Approve designations of historical resources to the City of Chula Vista Register of Historical Resources. 6. Recommend to City Council delistings from the City of Chula Vista Register of Historical Resources. 7. Grant or deny applications for permits for major alterations of historical resources. 8. Grant or deny appeals from decisions of the Zoning Administrator for applications of minor alterations of historical resources. 9. Make recommendations to City Council on applications for participation in City approved historic preservation incentive programs including but not limited to the Mills Act Property Tax Abatement Program. 10. Advise the City Council and other boards, commissions and committees as necessary on historic preservation issues. 11. Perform other functions as appropriate to safeguard the City’s historic, aesthetic, social, economic, political, and architectural past. L. Specified sections of Chapter 2.44 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.44 that are not specifically listed below remain unchanged.] Chapter 2.44 – TRAFFIC SAFETY COMMISSION 2.44.010 Creation. There is created and established the Traffic Safety Commission. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter shall govern this Commission. 2022/12/06 City Council Post Agenda Page 202 of 1285 Ordinance Page 11 2.44.020 Functions and duties. The duties of the Traffic Safety Commission shall be to conceive and develop ideas or suggestions that would specifically or generally contribute to the improvement of personal or property safety within the City area, receive and process such ideas from any individual or groups of individuals, and after such suggestions have been given careful consideration and study by Members, both individually and collectively, make appropriate recommendations, by resolution, to the City Council. All recommendations shall be considered and acted upon favorably or unfavorably. The scope of the operations of the Commission may embrace any hazardous condition, whether it be physical or material, that would jeopardize human safety, or cause damage to property both within and outside the home or industry; provided, however, that the basic function of the Commission shall be related to matters of vehicular or pedestrian traffic safety within the public rights-of-way in the City and safety hazards that may exist on or about publicly owned land and facilities. 2.44.030 Membership. The Traffic Safety Commission shall consist of seven Members who shall be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. M. Section 2.45.040 of the Chula Vista Municipal Code is hereby amended as follows: 2.45.040 Membership. The Board of Library Trustees shall consist of five Voting Members appointed by the City Council from the Registered Voters of the City and one Youth Advisory Member. The City Council may change the number of Members comprising the Board by ordinance. N. Specified sections of Chapter 2.47 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.47 that are not specifically listed below remain unchanged.] Chapter 2.47 – HEALTH, WELLNESS, AND AGING COMMISSION 2.47.010 Creation. The Health, Wellness, and Aging Commission, originally named the Healthy Chula Vista Advisory Commission, was created as a result of the Healthy Chula Vista Action Plan adopted January 5, 2016. The Healthy Chula Vista Advisory Commission was combined with the Commission on Aging in 2022 to create a comprehensive advisory body that incorporated health, wellness, and aging matters. The general rules governing Boards and Commissions set forth in Chapter 2.25 CVMC shall govern the Health, Wellness, and Aging Commission, except as specifically provided below. 2.47.020 Purpose and intent. It is the purpose and intent of the City Council, in establishing the Commission, to create an advisory and coordinating body which is to serve as a resource to advise and to make recommendations to the City Council and City Manager on health, wellness-, and aging-related policies and opportunities, including the General Plan, Healthy Chula Vista Action Plan, and 2022/12/06 City Council Post Agenda Page 203 of 1285 Ordinance Page 12 Age-Friendly Action Plan that would benefit the community, as well as provide a forum for older adults and the community to bring forward public health and aging matters. 2.47.030 Functions and duties. The functions and duties of the Health, Wellness, and Aging Commission shall be as follows: A. Serve as an advisory body to the City Council and City Manager. B. Periodically assess the health, wellness, and aging needs of the residents of Chula Vista and review health-, wellness-, and aging-related policies and strategies, including the General Plan, Healthy Chula Vista Action Plan, and Age-Friendly Action Plan, to make recommendations to improve said plans to address identified community health, wellness, and aging needs. C. Serve as a forum for older adults and the community to bring forward public health and aging matters. D. Perform such others functions or duties as may be delegated by the City Council. 2.47.040 Membership. A. The Health, Wellness, and Aging Commission shall consist of nine Voting Members and one Youth Advisory Member, to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Five Voting Members shall have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan or the Age-Friendly Action Plan: land use, transportation, nutrition, health care, physical activity, environment, and/or older adults. These Members shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining Voting Members shall be nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 3. The Youth Advisory Member shall meet the qualifications of specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). O. Chapter 2.49, Historic Preservation Commission, is hereby repealed in its entirety. P. Section 2.61.050 of the Chula Vista Municipal Code is hereby amended as follows: 2.61.050 Composition – Qualifications – Nomination. A. Members. The COC shall be comprised of nine Members, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC Members must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC Members must be qualified electors at the 2022/12/06 City Council Post Agenda Page 204 of 1285 Ordinance Page 13 time they apply and must maintain such status throughout their tenure. No COC Member may be a current City employee or current elected City official per the requirements of Measure P (CVMC 3.33.160(D)). C. Designated Members. Four of the total nine COC Members shall be nominated, apply, and serve as “Designated Members.” Designated Members shall be nominated, one each, by the following nominating authorities (each a “nominating authority,” collectively the “nominating authorities”), subject to the additional membership qualifications, if any, specified for each: 1. Chula Vista Chamber of Commerce; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 2. San Diego County Taxpayers Association; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 3. Chula Vista Parks and Recreation Commission; nominee(s) must be from this Commission; 4. Sustainability Commission (formerly known as the Resource Conservation Commission); nominee(s) must be from this Commission; 5. San Diego and Imperial Counties Labor Council; 6. Alliance of Californians for Community Empowerment, San Diego branch. D. Designated Member Appointment Process. Designated Members shall be appointed in accordance with the Designated Member appointment process identified below. 1. When a vacancy occurs, Designated Members shall be selected for nomination by the nominating authorities specified in Subsection (C) of this Section that do not have a Designated Member appointed to the COC (each an “unrepresented nominating authority,” collectively the “unrepresented nominating authorities”) at the time the vacancy occurs. If any of the unrepresented nominating authorities declines to exercise their nominating authority in a timely fashion, or if any ceases to function or exist, that party’s nominating authority may pass to a substantially similar organization if approved by the City Council. 2. Unrepresented nominating authorities shall submit the name and contact information for their nominee (“Designated Nominee”) to the City Clerk on a form prescribed by the City Clerk. The City Clerk shall provide each Designated Nominee with instructions to complete and submit the application to the City Clerk within a specified time period. Completed applications timely received by the City Clerk shall be forwarded to the Mayor. 3. The Mayor shall Interview all Designated Nominee who timely complete applications, and thereafter may make nominations for appointment as provided in Subsection (D)(4) of this Section, subject to the City Council’s approval. 4. After completing Interviews in accordance with Subsection (D)(3) of this Section, the Mayor may make a nomination to the City Council or may reject the proposed nomination. If the Mayor rejects a proposed nomination, the Mayor may request additional submittal for a 2022/12/06 City Council Post Agenda Page 205 of 1285 Ordinance Page 14 Designated Nominee. Once rejected, a Designated Nominee may not be resubmitted for the term at issue, but may be submitted for consideration for future terms. E. At-Large Members. Five of the total nine COC Members shall apply and serve as representatives of the City “at-large.” Expertise and experience in accounting, finance, engineering, or a related discipline (including construction) is desirable but is not required. At- large Members shall be comprised of the following: 1. One Member may be a resident of any one of the four districts and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining Members shall be nominated by a particular Council district seat and appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. Q. Specified sections of Chapter 2.63 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 2.63 that are not specifically listed below remain unchanged.] 2.63.050 Composition – Qualifications – Nomination. A. Members. The COC shall be comprised of 11 Members, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC Members must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC Members must be qualified electors at the time they apply and must maintain such status throughout their tenure. C. Designated Members. Seven of the total 11 COC members shall be nominated, apply and serve as “Designated Members.” Designated Members shall be nominated, one each, by the following nominating authorities (each a “Nominating Authority,” collectively the “Nominating Authorities”), subject to the additional membership qualifications, if any, specified for each: 1. Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber; 2. Chula Vista Police Officers Association (POA); nominee(s) must be an active member of this association; 3. Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an active member of this association; 4. Association of Chula Vista Employees (ACE); nominee(s) must be an active member of this association; 5. Chula Vista Fire Chief; 6. Chula Vista Police Chief; 2022/12/06 City Council Post Agenda Page 206 of 1285 Ordinance Page 15 7. Chula Vista Middle Managers/Professional Employee Group (MM/PROF). Designated Members shall be appointed in accordance with the Designated Member appointment process specified in CVMC 2.25.052(D). D. At-Large Members. Four of the total 12 COC Members shall apply and serve as representatives of the City “at-large.” At-large Members shall be comprised of one resident from each of the four City Council districts and shall be nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 2.63.110 Dissolution date. The COC may be disbanded following the implementation of “Phase I” critical needs, as reported in the Intended Public Safety Expenditure Plan and if the City Council elects to disband the COC a citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner determined by the City Council, regarding the collections and expenditure of Measure A revenues and the resulting impacts on public safety. R. Section 3.34.160 of the Chula Vista Municipal Code is hereby amended as follows: 3.34.160 Citizens’ oversight and accountability. In order to provide for citizens’ oversight, transparency and accountability in connection with expenditures of tax revenues generated under the terms of this chapter, the City shall do the following: A. Line Item Accounting. All revenue generated by the tax (“Measure A revenues”) shall be accounted in the general fund as a separate line item entitled “Local Transactions and Use Tax – Measure ‘A’ Revenues.” Measure A revenues and expenditures will be tracked and accounted for by City Finance Department staff in accordance with generally accepted accounting principles (GAAP), and presented annually in a report (the “Finance Department Report”) to the Citizens’ Oversight Committee (“COC”) created pursuant to Subsection (D) of this Section. B. Annual Submittal of Measure A Public Safety Expenditure Plan. If Measure ‘A’ is approved by the voters, beginning in fiscal year 2018-2019, and for each subsequent year, prior to City Council consideration of the City’s annual budget, City staff will prepare and present to the COC for its review a spending plan for the Measure ‘A’ Revenues. Such plan (the “Measure ‘A’ Spending Plan”) shall be (1) consistent with the City Council Intended Public Safety Expenditure Plan approved concurrently with the ordinance codified in this chapter; (2) include specific proposals for near term expenditures; and (3) a plan for expenditures for the next 10 years to address the “Phase I” critical needs described therein. After review by the COC, the Measure ‘A’ Spending Plan for the upcoming fiscal year shall be incorporated into the City Manager’s proposed budget, and then presented to the City Council for its consideration and action, in its discretion, as part of the City’s annual budget process. The City Council must consider for approval the expenditure of projected Measure ‘A’ revenues as a separate line item category in each year’s budget. The COC’s duties under this Section shall continue until and unless the City Council appoints another commission, committee, or group to be responsible for reporting to the City Council, pursuant to Subsection (D) of this Section. 2022/12/06 City Council Post Agenda Page 207 of 1285 Ordinance Page 16 C. Annual, Independent Audit. Beginning with the fiscal year 2018-2019, the City’s independent auditors shall, as part of their annual audit of the City’s financial statements, review the collection and expenditure of Measure ‘A’ revenues. D. Measure A Oversight Committee. Prior to the Operative Date, the City shall create and convene a Citizens’ Oversight Committee (“COC”). The function of the COC shall be to review and report on City compliance with the terms of this chapter and the spending guidelines contained in the City Council Intended Public Safety Expenditure Plan and each Measure A Spending Plan presented to and approved by the City Council thereafter. The COC shall operate in accordance with the Ralph M. Brown Act, which includes requirements that meetings be noticed in advance and held in public. The COC shall be created by City Council ordinance consistent with the terms of this section adopted no later than 150 days following the date of the election at which Measure A is approved by the voters. The COC may be disbanded following the implementation of “Phase I” critical needs, as reported in the Intended Public Safety Expenditure Plan. If the City Council elects to disband the COC, an appropriate alternative citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner to be determined by the City Council, regarding the collection and expenditure of Measure A Revenues and the resulting impacts on public safety. S. Specified sections of Chapter 10.04 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 10.04 that are not specifically listed below remain unchanged.] 10.04.020 Intent and purpose of provisions. A. It is the purpose and intent of the City Council in adopting this title to provide a convenient compilation of the rules and regulations governing and controlling the movement of motor vehicles and traffic in Chula Vista. These rules and regulations are further intended to supplement the regulations contained in the Vehicle Code of the state of California in those instances where the subject matter is not covered by state traffic laws, and to adopt local regulations where express power is granted to local authorities to control particular subject matter. It is the purpose of this title to provide standards and guidelines for the administration of motor vehicles and traffic regulations for those departments charged with such responsibility in the City. Certain definitions and regulations contained herein incorporate the exact language of the Vehicle Code of the state of California and should be cited with reference to the code sections of the Vehicle Code as indicated. If any definitions or regulations are not contained herein, or if definitions or regulations contained herein are inconsistent with the Vehicle Code, such definitions or regulations as found in the Vehicle Code as it exists or as it may be amended shall apply. B. It is further the purpose and intent of the City Council by enacting Ordinance 2670, which amends CVMC Title 10 to delegate to the City Engineer the responsibility and authority to adopt and promulgate traffic and parking control measures pursuant to the standards promulgated by the California Vehicle Code and the California Department of Transportation (Caltrans) Traffic Manual, with the concurrence of the Traffic Safety Commission, that such enactment and process constitute the enactment of an ordinance or resolution when required by the language of certain sections within Division 11 of the California Vehicle Code, through which traffic and parking control is to be exercised and effected within the jurisdictional limits of the City of Chula Vista. C. It is further the intent of the City Council, and it is hereby so authorized, that the City Engineer, upon the concurrence of the Traffic Safety Commission pursuant to CVMC 10.04.030, 2022/12/06 City Council Post Agenda Page 208 of 1285 Ordinance Page 17 shall have the power and authority to adopt, amend, alter or modify any regulation, as defined by CVMC 10.08.195, which creates or establishes a traffic or parking control measure. Where a traffic or parking control measure has been previously adopted by ordinance or resolution of the City Council, that regulation may be hereafter modified or abrogated by the City Engineer pursuant to the process outlined in CVMC 10.04.030. 10.04.030 Regulation and maintenance of schedules of streets and zones subject to regulatory provisions. A. Subject to Subsection (G) of this Section, the City Council, at the concurrence of the City Manager, hereby delegates the authority and responsibility to establish and maintain vehicular and pedestrian traffic and parking control measures, standards and requirements in the public right-of-way to the City Engineer after review by the Traffic Safety Commission, unless, on affirmative vote of the majority of the membership of the Traffic Safety Commission, the Commission objects to the proposed action by the City Engineer, in which case the matter shall be referred to the City Council, and the authority as to such matters shall thereafter be revested in the City Council to be exercised upon the affirmative vote of at least three members of the City Council. B. The Traffic Safety Commission may not initiate or order the implementation of a traffic control measure, but may recommend to the City Engineer the consideration of a proposed traffic or parking control measure. If the City Engineer declines to implement a traffic or parking control measure recommended by the Traffic Safety Commission, the Traffic Safety Commission may refer the matter to the City Council, and following such referral, the authority to implement or order the particular traffic safety measure recommended by the Traffic Safety Commission shall be vested in the City Council. C. The Traffic Safety Commission shall utilize the standards and procedures established in the California Vehicle Code and the State of California Manual on Uniform Traffic Control Devices (CA MUTCD) in its deliberations and recommendations, but may base its recommendations to the City Engineer, or City Council when applicable, upon other matters of public policy affecting traffic safety. D. The City Engineer shall exercise the responsibility and authority hereby delegated for the determination, design, administration and enforcement of traffic and parking control measures and installation of devices consistent with the standards and warrants contained in the latest effective edition of the State of California Traffic Manual as amended, a copy of which is on file in the office of the City Engineer. The City Engineer shall promptly file any amendments to or later editions of the State of California Manual on Uniform Traffic Control Devices (CA MUTCD) or successor manuals promulgated by the state of California pursuant to the authority of the California Vehicle Code and, upon filing, those standards will become applicable to the determinations and regulations adopted by the City Engineer. E. Except as provided in CVMC 10.52.070, no traffic control measure or parking control measure shall be enforceable, nor shall a violation be punishable, until an appropriate traffic control device or parking control device meeting the standards prescribed in Subsection (D) of this Section is posted or installed. Posting or installation shall be prima facie evidence of the legality of any traffic control measure or parking control measure adopted under this title. F. Administration and maintenance of records by the City Engineer shall be as follows: 2022/12/06 City Council Post Agenda Page 209 of 1285 Ordinance Page 18 1. The City Engineer shall maintain all regulations under this title and provide the Chief of Police copies of all administrative interpretations and determinations made pursuant to this Section which govern the installation and administration of traffic control measures and parking control measures in the City of Chula Vista. 2. The City Engineer shall maintain a register of all schedules which establish parking and traffic control measures for streets within the City, and shall incorporate into those schedules the streets, zones and intersections and restrictions or limitations previously listed in Schedules I through XVI as were previously codified in this title prior to their repeal by Ordinance 2670. The repeal or amendment of those sections by Ordinance 2670 is intended to merely delete reference to the street designations within the text of the Municipal Code. Parking and traffic control measures upon those streets, zones and intersections shall be administered by the City Engineer pursuant to this Section. G. Exceptions. The City Council reserves the right to enact ordinances and resolutions, and the City Engineer shall make recommendations to the Council, as appropriate, on the following matters: 1. Traffic control measures budgeted by the City as a capital improvement project budget. 2. Regulations adopted pursuant to California Vehicle Code Section 21101(a) and (c). 3. Traffic control measures affecting community businesses, and having an impact on the availability of parking within business districts including, but not limited to, angle parking and installation of parking meters. 4. Parking and traffic regulations on private property and roads pursuant to California Vehicle Code Sections 21107 and 21107.8. 5. Ordinances or resolutions which amend, modify or restrict the authority of the City Engineer or which establish policy to guide the City Engineer’s exercise of authority pursuant to this code. 6. Establishment of parking meter zones and parking fees pursuant to Vehicle Code Section 22508. 7. Establishment of speed limits pursuant to California Vehicle Code Sections 22357 and 22358. H. Emergency, Special Events and Road Construction Events. The City Engineer’s authority regarding the adoption of traffic and parking control measures for emergencies and road construction is as follows: 1. Road Construction. The authority to establish and maintain traffic control measures for road construction events shall be vested solely in the City Engineer, unless overruled by the affirmative vote of three members of the City Council. Referral to and concurrence of the Traffic Safety Commission are not required. The City Engineer shall, under the following circumstances, advise the Council a minimum of seven days in advance in writing of the following proposed traffic control measures exercised under the authority of this subsection: a. The proposed measure may involve complete road closures on any road; 2022/12/06 City Council Post Agenda Page 210 of 1285 Ordinance Page 19 b. The proposed measure may involve significant interference with traffic on high volume roads; c. The proposed measure may involve long-term partial road closures on any road; d. The proposed measure may involve interference with access to any business; e. The proposed measure may involve the rerouting of traffic through residential areas. 2. Emergency Traffic Regulations. The City Engineer may enact emergency traffic regulations with the concurrence of the Chief of Police when necessary to immediately preserve the public health, safety and welfare, and shall report the same to the City Council within seven days. Emergency traffic regulations shall remain valid and effective until set aside or modified by the City Council. Referral to the Traffic Safety Commission is optional. 3. Special event regulations establishing and maintaining traffic control measures for special events and community events using the public right-of-way. 10.04.040 Criminal provisions and administrative remedies. A. General Provisions. It is unlawful for any person to disobey the directions of any traffic control device or parking control device within the City of Chula Vista. This Section shall be cited as authority except when a more specific provision is contained in the California Vehicle Code or elsewhere in this title, in which case the more specific provisions will be used. B. Administrative Remedy. Any person who contends that a traffic or parking control measure or device was not promulgated or installed according to the regulations contained in this title or the California Vehicle Code may petition the Traffic Safety Commission to examine the matter, and may appeal that determination to the City Council within 10 days following. T. Section 10.12.020 of the Chula Vista Municipal Code is hereby amended as follows: 10.12.020 City Engineer powers and duties. The City Engineer shall: A. Except where reserved by the City Council pursuant to Council policy or as set forth in CVMC 10.04.030(G), the City Engineer, with the concurrence of the Traffic Safety Commission, shall have the power to adopt traffic and parking control measures and install, modify or alter traffic and parking control devices; and B. Determine the installation, proper timing and maintenance of official traffic control devices, conduct engineering analysis of traffic accidents and devise remedial measures, conduct engineering investigation of traffic conditions, and cooperate with other City officials in the development of ways and means to improve traffic conditions. Whenever, by the provisions of this code, a power is granted to the City Engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or by a person authorized in writing by him. Whenever the City Engineer makes a determination authorized by this chapter, pursuant to the provisions of the California Vehicle Code, the violation of which is a misdemeanor, said determination shall promptly be filed in writing by the City Engineer, with a copy filed with the Chief of Police, so that enforcing officials shall be aware of any changes or modifications of regulatory determinations; and 2022/12/06 City Council Post Agenda Page 211 of 1285 Ordinance Page 20 C. Initiate and recommend necessary legislation for the efficient operation of traffic and the prevention of traffic accidents; and D. Maintain schedules relating to parking and traffic control measures and devices on City streets as provided by regulations promulgated pursuant to this code. U. Section 10.87.050 of the Chula Vista Municipal Code is hereby amended as follows: 10.87.050 City Council consideration and action. The City Council shall consider a petition for designation of residential permit parking district presented in compliance with the terms of this chapter, the Traffic Safety Commission’s recommendation, and the City Manager’s recommendation with respect thereto at a public hearing. After the conduct of such public hearing and its consideration of (A) the City Manager’s report and recommendation, (B) any and all testimony presented in favor or against the petition, and (C) the designation criteria set forth in CVMC 10.87.070, and (D) the Traffic Safety Commission’s recommendation, the City Council may approve, disapprove or decline to act on any district petition in its discretion. Any City Council resolution approving the designation of a district shall include, at a minimum (A) the applicable parking regulations, (B) the period of the day or week for their application, (C) the fee to be charged upon permit issuance, and (D) findings of compliance with the terms of this chapter. The City Council resolution may also limit the number of resident or guest permits issued to a resident if a limitation would further the goals of the residential parking permit program V. Chapter 19.09, Growth Management, is hereby repealed in its entirety. W. Section 19.14.020 of the Chula Vista Municipal Code is hereby amended as follows: 19.14.020 Zoning Administrator – Creation of position – Authority. A. In order to relieve the Planning Commission or Successor Agency to the Redevelopment Agency, within designated redevelopment project areas, of certain routine functions necessary to the proper administration of this chapter, a Zoning Administrator is created. B. Authority. The Director of Development Services or designee may serve as a Zoning Administrator. The Zoning Administrator shall have the authority to consider applications, preside at hearings, and make impartial decisions on permits, maps, or other matters based on the application, written materials prepared prior to the hearing, and information received at the hearing. X. Section 19.56.310 of the Chula Vista Municipal Code is hereby amended as follows: 19.56.310 HP historic preservation modifying district – Application. A. The HP modifying district may be applied only to properties within those areas designated as historic preservation districts and shall meet the provisions of CVMC 21.06.070. An HP modifier shall apply to all properties within an HPD. B. An HP modifying district may be applied for concurrently with an application for a historic preservation district, or may be applied for subsequent to the formation of an HPD. 2022/12/06 City Council Post Agenda Page 212 of 1285 Ordinance Page 21 C. All applications shall be reviewed by the Planning Commission with recommendations forwarded to City Council in accordance with the findings of fact found in CVMC 21.06.110. Y. Chapter 19.92 of the Chula Vista Municipal Code is hereby added as follows: CHAPTER 19.92 – PUBLIC FACILITIES FINANCING PLANS (PFFPS), AIR QUALITY IMPROVEMENT PLANS, AND WATER CONSERVATION PLANS. 19.92.010 Purpose/Intent. The purpose and intent of this chapter is to establish compliance mechanisms and standards to ensure public Facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands of infrastructure and climate protection generated by new Development. 19.92.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this Section unless from the context it is apparent that another meaning is intended: “Air Quality Improvement Plan” (AQIP) means a project-specific Air Quality Improvement Plan prepared and approved in accordance with CVMC 19.92.030 “Development” means any land use, building or other alteration of land and construction incident thereto. “Director of Development Services” or “Director” means the Director of the City’s Development Services Department or their designee. “Discretionary Planning Approval” means any permit, entitlement or approval issued under the authority of the zoning and subdivision titles of the Chula Vista Municipal Code (CVMC), and any legislative actions such as Zone Changes, General Plan Amendments, Sectional Planning Area (SPA) Plans or General Development Plan approvals or amendments. “Facilities” means any schools, public safety facilities, infrastructure, civic buildings, corporation yards, park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a Public Facilities Financing Plan. “Facility Master Plan” means any adopted master plan for future facility needs including, but not limited to: sewer, drainage, water, transportation, police, fire and emergency services, libraries, and parks. “Project” means the activity for which either an application for a Sectional Planning Area (SPA) Plan, a Tentative Map (TM), a Conditional Use Permit (CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the City. “Public Facilities Financing Plan (PFFP)” means a Project-specific Public Facilities Financing Plan prepared and approved in accordance with CVMC 19.92.030 through 19.92.120 “SPA Plan” means a Sectional Planning Area Plan, as prescribed in CVMC Chapter 19.48. 2022/12/06 City Council Post Agenda Page 213 of 1285 Ordinance Page 22 “Substantial Compliance” means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. “Threshold Standards” means those certain standards identified in CVMC Sections specifying the Facilities and services required to support the present and future needs of the City. “Water Conservation Plan” means a Project-specific Water Conservation Plan prepared and approved in accordance with CVMC Section 19.92.030. 19.92.030 Requirements for Public Facilities Financing Plans (PFFP), Air Quality Improvement Plans, and Water Conservation Plans. A. Public Facilities Financing Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the City; or 2. A PFFP, that includes the Project, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the City Council upon a showing that there are no public facilities, infrastructure and service needs warranting the preparation of a PFFP. B. Air Quality Improvement Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by an Air Quality Improvement Plan that has been approved by the City; or 2. An Air Quality Improvement Plan, that includes the Project, has already been initiated; or 3. The applicant initiates the preparation of an Air Quality Improvement Plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the Director of Development Services shall require. C. Water Conservation Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a Water Conservation Plan that has been approved by the City; or 2. A Water Conservation Plan, that includes the Project, has already been initiated; or 3. The applicant initiates the preparation of a Water Conservation Plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the Director of Development Services shall require. D. No SPA Plan, nor any Tentative Map, shall be approved, or deemed approved, without an approved PFFP, an approved Air quality Improvement Plan and an approved Water Conservation Plan. To provide consistency and implementation of said plans, the City Council may impose any 2022/12/06 City Council Post Agenda Page 214 of 1285 Ordinance Page 23 condition to the approval of a SPA Plan or Tentative Map necessary to implement the PFFP, the Air Quality Improvement Plan, the Water Conservation Plan, or the Facility Master Plans. E. No Final Map shall be approved until all the conditions of the PFFP, the Air Quality Improvement Plan, the Facility Master Plans, and the Water Conservation Plan have been met, or the Project applicant has provided adequate security to the City that said plans will be implemented. F. No other discretionary planning approvals shall be granted unless the City Council finds that the Project is consistent with an approved PFFP, an Air Quality Improvement Plan, the Facility Master Plans, and a Water Conservation Plan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the Air Quality Improvement Plan and the Water Conservation Plan and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the City Council, have first been paid or provision for their payment has been made to the satisfaction of the City Council. H. No Development shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of Development unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such Facilities or improvements in advance of the City’s phasing schedule. 19.92.040 Threshold Standards for External Facilities and Services. The thresholds within this Section shall be considered when preparing PFFPs, AQIPs, and Water Conservation Plans. A. Air Quality and Climate Protection. 1. Goal. To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista. 2. Objectives. a. In an effort to address the impacts of transportation and building-related energy use at both the regional and local level, the City shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the current adopted Regional Air Quality Strategy (RAQS), California’s Global Warming Solutions Act of 2006 (AB32), and the Chula Vista climate protection program. b. In an effort to maintain and improve ambient air quality, the City shall endeavor to locally mitigate any new stationary source development project’s criteria air pollutant emissions that exceed local air quality standards. 3. Threshold Standard. The City shall pursue a greenhouse gas emissions reduction target consistent with appropriate City climate change and energy efficiency regulations in effect at the time of Project application for SPA Plans or for the following, subject to the discretion of the Director of Development Services: 2022/12/06 City Council Post Agenda Page 215 of 1285 Ordinance Page 24 a. Residential projects of 50 or more residential dwelling units; b. Commercial projects of 12 or more acres (or equivalent square footage); c. Industrial projects of 24 or more acres (or equivalent square footage); or d. Mixed use projects of 50 equivalent dwelling units or greater. B. Water. 1. Goal. To ensure that adequate supplies of potable and recycled water are available to the City of Chula Vista. 2. Objectives. a. Ensure that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth. b. Ensure that water quality standards requirements are met during growth and construction. c. Encourage diversification of water supply, conservation and use of recycled water where appropriate and feasible. 3. Threshold Standards. a. Adequate water supply must be available to serve new Development. Therefore, developers shall provide the City with a service availability letter from the appropriate water district for each Project. 19.92.050 Public Facilities Financing Plan (PFFP) Contents. The required contents of a Public Facilities Finance Plan (PFFP), including a fiscal impact analysis, drawings, diagrams, etc., shall be prescribed by the Director of Development Services. The fiscal analysis/economic impact report shall be provided for each proposed Project and the Project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. 19.92.060 Public Facilities Financing Plan (PFFP) Preparation. A. A PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan may be processed concurrently with the SPA Plan or Tentative Map. B. A PFFP may be initiated by filing an application with the Director of Development Services. The applicant shall pay a deposit at the time any application for a PFFP is accepted. C. A PFFP for a Project shall be prepared by the City, or a consultant selected by the City, according to the procedures established by this chapter. D. The cost of PFFP preparation shall be advanced to the City by the applicant and any participating owner or owners prior to PFFP preparation. 2022/12/06 City Council Post Agenda Page 216 of 1285 Ordinance Page 25 19.92.070 Public Facilities Financing Plan (PFFP) Review. PFFPs shall be reviewed according to the following procedure: A. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by City Council resolution, may be submitted to the Director of Development Services for processing. If the Director of Development Services determines that the plan complies with the provisions of this chapter, the Director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the Planning Commission together with the accompanying development plan. B. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the Planning Commission prior to the hearing. C. The Planning Commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the City Council. The action of the Commission shall be filed with the City Clerk, and a copy shall be mailed to the applicant. D. When the Planning Commission action is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed according to the provisions of CVMC 19.12.070. E. The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may approve, conditionally approve, or deny the plans. The City Council may include in the resolution adopting the PFFP any fees or Facilities improvement requirements provided for in City ordinances in order to implement the Facility Master Plans and the PFFP. F. A PFFP may be amended following the same procedures for the original adoption. 19.92.080 Public Facilities Financing Plan (PFFP) Implementation. A. The Director of Development Services shall ensure that PFFPs are prepared for all SPA Plans and Tentative Maps or equivalent Projects pursuant to CVMC Chapter 19.48. B. In the event that the Director of Development Services or their designee finds that the Project is not in Substantial Compliance with the PFFP as modified or amended, the developer may be deemed to be in default and continued issuance of building or development permits may be affected. 19.92.090 Public Facilities Finance Plan (PFFP) Amendment. A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation or any particular development proposal. B. If the Director of Development Services determines that such events or changed circumstances adversely affect the health, safety or welfare of the City, the City may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the City requires such change, the City shall (1) give notice to applicant or owner of (a) the City’s intended action to change the PFFP, and (b) the reasons and factual basis for the City’s 2022/12/06 City Council Post Agenda Page 217 of 1285 Ordinance Page 26 determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a City Council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the City shall find that (1) the circumstances were unknown or that the circumstances have changed; and (2) the health, safety or welfare of the community requires the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the Development of the property. If, after notice and hearing, the Council determines that a deficiency exists, then no further building or development permits shall be issued within the affected area and Development shall cease until an amendment to the applicable PFFP mitigating the deficiency is approved by the City Council. C. The City Council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate Facilities and improvements and subsequent permits will be conditioned on conformance. 19.92.100 Exceptions and Exclusions. A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the City and a developer. B. Exclusions. Development projects which consist of Facilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the City has authority to regulate such development projects, such projects shall not be exempt. For example, any private Development occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. 19.92.110 Extensions of Prior Approvals. After approval of an applicable PFFP for a development project, an extension of the expiration date of a Tentative Map may only be granted if the project is in conformance with the PFFP. The extension may be conditioned on such matters as the City deems appropriate or necessary to make the Tentative Map conform to the PFFP, including, but not limited to, requiring the developer to submit any information, studies, plans and diagrams to show compliance with the applicable PFFP. 19.92.120 Obligation to Pay Fees or Install Facilities Required by Any Other Law. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees, which requirement is imposed pursuant to this title or pursuant to any City Council policy. 19.92.130 Implementing Procedures. The City Council may adopt any procedures it deems necessary to implement this chapter, including procedures for administering Threshold Standards or Facility Master Plans. 2022/12/06 City Council Post Agenda Page 218 of 1285 Ordinance Page 27 19.92.140 Council Actions, Fees, Notice. A. Whenever this chapter requires or permits an action or decision of the City Council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate. B. The City Council shall establish application and processing fees for the submission and processing of public facilities financing plans (PFFPs). C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. 19.92.150 Facility Master Plans. The City shall maintain a series of Facility Master Plans, as may be amended from time to time, for infrastructure and services throughout the City that regard the Threshold Standards in this chapter, including, but not limited to, police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existing Facilities, existing and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financing plans to accomplish identified improvements. Z. Section 21.02.030 of the Chula Vista Municipal Code is hereby amended as follows: 21.02.030 Historic preservation authority. The Planning Commission governs processes and activities presented in this title as further defined in Chapter 2.49 CVMC. The discretionary project review responsibility of the Planning Commission shall include the review of major alterations, historical resource demolition applications, historic determinations and appeals, and consistency of said projects with the City’s HPP, applicable historic district guidelines, and this title. AA. Specified sections of Chapter 21.03 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 21.03 that are not specifically listed below remain unchanged.] 21.03.026 Commission. “Commission” means the City of Chula Vista Planning Commission. 21.03.135 Zoning Administrator (ZA). CVMC 19.14.020 creates a Zoning Administrator, who shall be the Director of Development Services or his authorized designee. The Zoning Administrator may relieve the Planning Commission of certain routine functions. BB. Specified sections of Chapter 21.04 of the Chula Vista Municipal Code are hereby amended as follows: [Sections in Chapter 21.04 that are not specifically listed below remain unchanged.] 2022/12/06 City Council Post Agenda Page 219 of 1285 Ordinance Page 28 21.04.030 Chula Vista register of historical resources. Buildings, structures, objects, sites, signs, landscapes, archaeological sites, historic preservation districts, or contributing resources determined historically or architecturally significant and designated by the City of Chula Vista Planning Commission (formerly the Historic Preservation Commission) shall be compiled on a comprehensive list officially known as the City of Chula Vista register of historical resources and herein shall commonly be referred to as the “local register.” (Also see the City’s HPP Appendix – Local Register of Historical Resources.) 21.04.040 Historical resources to be included in the local register. The following resources shall be included in the local register: A. Those properties previously designated prior to the effective date of the ordinance codified in this title; B. Those properties designated by the Planning Comission or Council; C. Any Chula Vista resource listed as a National Historic Landmark; D. Any Chula Vista resource listed on the National Register of Historic Places; E. Any Chula Vista resource listed on the California Register of Historical Resources by the California State Historical Resources Commission. 21.04.060 Designation – Authority. Upon a recommendation of the Zoning Administrator, the Planning Commission shall have authority to approve or deny applications for historical designation, excluding designation of exceptional historical resources and publicly owned historical resources which shall require Council approval. All resources that are approved for designation shall be listed on the local register. 21.04.080 Designation – Owner consent not required – Exceptional historical resource. In exceptional circumstances, the Planning Commission may recommend that the Council designate a resource without owner consent pursuant to CVMC 21.04.100(B)(1) through (3). 21.04.090 Historical designation – Application, requirements and procedures. A. Applications and Submittal Requirements. All applications for designation, including exceptional historical resources, shall be made to the Zoning Administrator in writing on a form prescribed by the City’s HPP and shall be accompanied by sufficient information to determine that a resource meets the criteria and findings of fact for designation pursuant to CVMC 21.04.100. Designation applications may run concurrent with other permit applications; however, the designation shall be acted upon prior to consideration of any discretionary permits. (Also see City’s HPP Section 3.0, Historical Resources – Designation Procedural Guide.) 1. Owner Applicant. A property owner, or authorized agent of the property owner, may seek historical designation without the assistance of an expert unless the City, at its 2022/12/06 City Council Post Agenda Page 220 of 1285 Ordinance Page 29 discretion, determines that an expert technical analysis is necessary to provide sufficient information on the historical significance of the resource. 2. Nonowner Applications (Exceptional Historical Resource). a. Applicants that apply for an exceptional resource designation shall pay all fees and costs associated with the designation of the exceptional historical resource including but not limited to staff time, expert technical analysis or expert review of documentation. b. An application for an exceptional resource designation may be initiated in any of the following three ways: i. By a minimum of 10 City residents (with verifiable signatures); or ii. Through aPlanning Commission recommendation to Council; or iii. By a majority vote of Council. 3. Publicly Owned Resources – Council Approval Required. a. Shall require the same application submittal requirements of this Section and findings of fact and eligibility criteria of CVMC 21.04.100(A)(1) and (2). b. Shall require a recommendation from the Planning Commission and Council approval. c. An application for designation of publicly owned historical resources and historical landscapes may be initiated in any of the following three ways: i. By any interested citizen who resides in the City of Chula Vista; or ii. Through a Planning Commission recommendation to Council; or iii. By a majority vote of Council. B. Procedures for Historical Designation Consideration. 1. The application review shall follow the City’s Development Services Department review process for discretionary permits. 2. Upon determination of completeness, the Zoning Administrator shall prepare, in the form of a staff report, a brief discussion of the resource as presented in the submitted documentation and shall include recommendations to the Planning Commission to either designate or not designate under the findings of fact and eligibility criteria set forth in CVMC 21.04.100. 3. The Zoning Administrator shall schedule the application for consideration and give notice thereof to the applicant and to other interested persons. A public hearing shall be held to review the evidence as presented in order to determine if the resource meets the criteria for designation pursuant to CVMC 21.04.100. 2022/12/06 City Council Post Agenda Page 221 of 1285 Ordinance Page 30 4. If a resource is designated, the property owner or applicant shall be required to record the Planning Commission resolution of designation with the County Assessor’s office within 10 business days after the appeal period of said designation. C. Denial or Delay of Decision. 1. The City shall have the authority to delay consideration of a resource for up to 90 days as part of a request of the applicant for additional information on the subject resource proposed for designation. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC 19.14.700. 2. If an application is closed pursuant to Subsection (C)(1) of this Section, or a designation request is denied as a result of the resource not meeting the findings of fact or eligibility criteria set forth in CVMC 21.04.100, the City shall provide a written explanation for the denial within 10 business days of the decision. 3. The applicant may, under a new application and required fees, submit for designation reconsideration of any resource, which has previously been denied, if new information is presented to support a statement of historical significance for the resource. D. Appeals. All appeals shall be processed pursuant to CVMC 21.12.030. 21.04.100 Historical designation – Findings of fact and eligibility criteria. A. Designation of historical resources, excluding exceptional historical resources, by the Planning Commission may occur when the following findings of fact are made: 1. A resource is at least 45 years old; and 2. A resource possesses historical integrity defined under CVMC 21.03.084 and the resource is determined to have historical significance by meeting at least one of the following criteria: Criterion 1: It is associated with an event that is important to prehistory or history on a national, state, regional, or local level. Criterion 2: It is associated with a person or persons that have made significant contributions to prehistory or history on a national, state or local level. Criterion 3: It embodies the distinctive characteristics of a style, type, period, or method of construction, or represents the work of a master or important, creative individual, and/or possesses high artistic values. Criterion 4: It is an outstanding example of a publicly owned historical landscape, that represents the work of a master landscape architect, horticulturist, or landscape designer, or a 2022/12/06 City Council Post Agenda Page 222 of 1285 Ordinance Page 31 publicly owned historical landscape that has potential to provide important information to the further study of landscape architecture or history. Criterion 5: It has yielded or may be likely to yield information important in prehistory or the history of Chula Vista, the state, region, or nation. B. Designation of an exceptional historical resource may be considered only if: 1. The Planning Commission considers and makes a recommendation to the Council; and 2. It has been demonstrated through expert technical analysis and verifiable evidence that all of the following findings of fact are made: a. The resource meets criteria and the findings of fact for designation found in Subsections (A)(1) and (A)(2) of this section; and b. The resource is the best representative sample of its kind or the last of its kind; and c. The resource is an exceptionally important component of the City’s history and loss or impairment of the resource would be detrimental to the City’s heritage; and 3. Four-fifths vote of the Council vote to designate the resource as an exceptional historical resource. 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 2022/12/06 City Council Post Agenda Page 223 of 1285 Ordinance Page 32 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2022/12/06 City Council Post Agenda Page 224 of 1285 Page 1 of 63 Attachment 1 [CHAPTER 2.25 GENERAL RULES FOR BOARDS AND COMMISSIONS] 2.25.020 Definitions. For purposes of this chapter, the following words are defined: “Boards” and “commissionsCommission” include boards, commissions, and committees established by the Chula Vista Charter or ordinance. “Brown Act” means the Ralph M. Brown Act, Government Code Section 54950 et seq., commonly referred to as the Brown Act or the California Open Meeting Law. “Entire vVoting mMembership” or “eEntire mMembership” means those individuals who have been appointed to, have been sworn in to serve on, have not been removed from, have not vacated their seat on, and who are eligible and entitled to vote as memberMembers of a board or commissionBoard or Commission. It does not include eEx oOfficio mMembers or Youth Advisory Members and does not include any seat specified in the Charter provision or ordinance creating the board or commissionBoard or Commission that is unfilled due to a vacancy, pursuant to CVMC 2.25.105. Notwithstanding the foregoing, at least one-half of the voting seats specified in the Charter provision or ordinance creating the board or commissionBoard or Commission must be filled in order for the board or commissionCommission to act. For example, if a seven-member Member board has two vacancies, the remaining five voting members constitute the “entire membershipEntire Membership.” Accordingly, an action that requires a majority vote could be taken if at least three of the voting board members vote in its favor. The City Council intends that this definition clarify the term “entire membershipEntire Membership” as used in Section 603 of the City Charter. “Ex oOfficio mMembers” means the individuals who are appointed by the City Council to serve in an advisory capacity on a board or commissionBoard or Commission, but who are not entitled to vote or to make motions. “Ex officio membersEx Officio Members” do not include City staff who provide information to or sit with a board or commissionBoard or Commission. “Interview” means the process by which applicants are given an opportunity to present themselves to the City Council, or other interview panel, and the City Council or other panel questions and evaluates the applicants. Should an applicant be unable to attend an interview, the Council or panel may elect to consider a letter of interest or interview by other means, such as telephone or video conference, in lieu of an in-person meeting. “Member” means an individual who has been appointed to, has been sworn in to serve on, has not been removed from, and who has not vacated his or her seat on a board or commissionBoard or Commission. “Members” includes vVoting mMembers, and eEx oOfficio mMembers, and Youth Advisory Members. “Registered vVoter” means an individual who is registered to vote in City of Chula Vista elections. “Voting mMember” means an individual appointed by the City Council who is entitled to vote and make motions in his or her capacity as a member of a board or commissionBoard or Commission. “Youth Advisory Member” means the individuals who meet the qualifications specified in CVMC 2.25.030(E) and are appointed by the City Council to serve in an advisory capacity on a Board or Commission. Youth Advisory Members are not entitled to make motions or vote but may offer an advisory opinion on matters considered by the Board or Commission. 2022/12/06 City Council Post Agenda Page 225 of 1285 Page 2 of 63 Attachment 1 2.25.030 Membership – Qualifications and eligibility. Member qualifications and eligibility shall be in accordance with Chula Vista Charter Section 602 and this sectionSection: A. An individual is eligible to serve on only one board or commissionBoard or Commission at a time, unless the memberMember is filling a seat on another board or commissionBoard or Commission that was specifically created to represent the board or commissionBoard or Commission to which he or she was originally appointed. B. A paid officer or employee of the City is not eligible to be appointed to or to serve on a board or commissionBoard or Commission. C. A memberMember is ineligible to be appointed to another board or commissionBoard or Commission during the first 12 months of his or her term; this prohibition does not apply to appointments to serve as a representative memberMember on another board or commissionBoard or Commission, pursuant to subsection Subsection (A) of this sectionSection, or to appointments of Members to another Board or Commission when their original Board or Commission was disbanded within the first 12 months of their term. D. The City Council may appoint eEx oOfficio mMembers to any board or commissionBoard or Commission because of particular background or experience that the City Council deems will assist a particular board or commissionBoard or Commission in handling a discrete set of issues. Ex oOfficio mMembers are not required to be registered voterRegistered Voters and are subject to term limits as described in the Charter and CVMC 2.25.080 and 2.25.100. Ex oOfficio mMembers are not entitled to vote or to make motions. E. The City Council may appoint Youth Advisory Members to Boards and Commissions as those seats are provided for in the Membership section of individual board and Commission chapters in this Code. Youth Advisory Members shall be between the ages of 16 and 22 years old at the time of their appointment, and are not required to be Registered Voters, but shall be a resident in the City and maintain that status throughout their tenure. Youth Advisory Members are subject to term limits as described in CVMC 2.25.080 and 2.25.100. 2.25.050 Membership – Applications and appointments – General. A. The City Clerk shall maintain applications for prospective membership on boards and commissionsBoards and Commissions for a period of one year from the date of application. The application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular board or commissionBoard or Commission and his or her qualifications for service on a particular board or commissionBoard or Commission. B. An individual who has submitted an application for appointment as a Vvoting Member, or eEx oOfficio, or Youth Advisory M member of any board or commissionBoard or Commission may be interviewed as part of the nomination and selection process. C. If a vacancy occurs on any board or commissionBoard or Commission within one year of interviews being conducted for that board or commissionBoard or Commission, interviews are not required if all of the following criteria are met: (1) the vacancy was properly noticed and new applications solicited; (2) no new, qualified applications were received; (3) one or more qualified applicants from the original interviews remain eligible and interested in being appointed; and (4) the appointment process for the board or commissionBoard or Commission does not specifically prohibit this subsection. D. Members of each board and commission shall be appointed by at least three affirmative votes of the City Council. 2022/12/06 City Council Post Agenda Page 226 of 1285 Page 3 of 63 Attachment 1 2.25.060 Membership – Oath of office – Effective date of taking office. The City Clerk or his or her designee shall administer the oath of office to newly appointed Vvoting Members, and eEx oOfficio mMembers, and Youth Advisory Members. Newly appointed voting membersMembers must take the oath of office before they may participate or vote as a memberMember of the board or commissionBoard or Commission to which they have been appointed. Voting mMembers assume their office on the date they take the oath of office. 2.25.080 Membership – Terms – Standard term of office – Holdover office. A. The standard term of office for bBoard and cCommission memberMembers, other than Youth Advisory Members, is four years. The standard term begins July 1st and ends June 30th four years later. B. The standard term of office for Youth Advisory Members is two years. The standard term begins July 1st and ends June 30th two years later. BC. At the end of any voting memberMember’s term, he or shethey shall be permitted to continue to exercise the privileges of his or hertheir former office until the office is filled by the appointment of a qualified successor. 2.25.100 Membership – Terms – Filling unexpired terms. A. Voting Member and Ex Officio Member terms shall be in accordance with Chula Vista Charter Section 602 and this Subsection A: A. 1. A Vvoting Mmember who currently sits on a particular board or commissionBoard or Commission may not be appointed to fill the unexpired term of another Vvoting Mmember’s vacated seat on that same board or commissionBoard or Commission. An individual who currently sits as an eEx oOfficio mMember or a Youth Advisory Member of a board or commissionBoard or Commission may be appointed to fill the unexpired term of a Vvoting Mmember’s vacated seat on the same board or commissionBoard or Commission if the eEx oOfficio mMember or Youth Advisory Member meets the eligibility criteria for voting membership. The appointment process shall be the same as provided for in the applicable membership section for the board or commissionBoard or Commission. B. 2. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equals two years, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end date of the unexpired term shall be the expiration date of the vacating memberMember’s term of office. B. Youth Advisory Member terms shall be in accordance with this Subsection B: 1. Youth Advisory Members shall be limited to a maximum of two consecutive terms; provided, further, that for the purpose of this Section, an appointment to fill an initial term or an unexpired term of less than one year in duration shall not be considered as a term; however, any appointment to fill an initial term or an unexpired term in excess of one year shall be considered to be a full term. 2. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equal to one year, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end date of the unexpired term shall be the expiration date of the vacating Member’s term of office. 2022/12/06 City Council Post Agenda Page 227 of 1285 Page 4 of 63 Attachment 1 2.25.130 Code of ethics. Voting Members, and eEx oOfficio mMembers, and Youth Advisory Members of boards and commissionsBoards and Commissions are public officials and, therefore, act as agents for the public’s purpose and hold office for the public’s benefit. As public officials, they are bound to uphold the law, observe in their official acts a high standard of morality and discharge faithfully the duties of their office, recognizing that the public interest must be a primary concern. Members of boards and commissionsBoards and Commissions are expected to conform to the City’s code of ethics, found in Chapter 2.01 CVMC. If a board or commissionBoard or Commission memberMember is in doubt about whether the code of ethics applies to a particular situation, the memberMember may request in writing an advisory opinion from the Board of Ethics. 2.25.150 Conflicts of interest – Recusal from discussion and voting. A. Voting Members, and eEx oOfficio mMembers, and Youth Advisory Members who are 18 years of age or older of certain boards and commissionsBoards and Commissions may be required to file statements of economic interest as determined in the City’s conflict of interest code. The City Clerk will notify memberMembers who are required to file the statements. B. The state’s Political Reform Act and the City’s conflict of interest code state that no person shall make or participate in the making of a governmental decision that he or she knows, or has reason to know, will have a reasonably foreseeable material financial effect on him or her distinguishable from its effect on the public generally. The Political Reform Act and implementing regulations require a public official diligently to monitor his or her business interests, real property, sources of income, gifts, and personal finances to ensure that he or she does not participate in an action in which he or she has a conflict of interest. C. When a memberMember has a conflict of interest, or the appearance of a conflict of interest, he or she must publicly state the nature of the conflict. Unless the item is on the consent calendar, the memberMember must step down from the dais or table and leave the room until consideration of the particular item is finished. Additionally, the disqualified memberMember may not be counted toward achieving a quorum while the item is being discussed. A memberMember may consult the City Attorney if he or she has a question about whether or not a conflict exists and whether or not he or she should disqualify himself or herself from discussing or voting on an issue. 2.25.260 Operations – Staff support. A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to serve as secretary to each board and commission. In addition to other duties specified in this chapter, the secretary is responsible for finalizing resolutions and performing other administrative duties, as necessary. B. The City Manager may make available other staff and clerical support as requested by a board or commissionBoard or Commission to fulfill its functions and duties, provided such staff and clerical support are available. C. Staff persons assigned to assist boards and commissionsBoards and Commissions shall not be considered Vvoting Members, or eEx oOfficio mMembers, or Youth Advisory Mmembers of those boards and commissionsBoards and Commissions. 2022/12/06 City Council Post Agenda Page 228 of 1285 Page 5 of 63 Attachment 1 [CHAPTER 2.32 SUSTAINABILITY COMMISSION] 2.32.060 Membership. The Sustainability Commission shall consist of seven Vvoting Mmembers and two Youth Advisory Members, to be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. [CHAPTER 2.33 CULTURAL ARTS COMMISSION] 2.33.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Cultural Arts Commission to create an advisory body to serve as a resource to advise and make recommendations to the City Council and the City Manager on cultural arts issues citywide, as well as exchanges and activities with the City and its sister cities affecting the citizens of the City. The focused efforts of the Cultural Arts Commission will be to identify cultural arts needs and issues. The purpose of the Commission is to focus community energies and resources on developing a highly visible City with a cultural arts personality and to develop, support, and nurture those ideas that expand and enrich arts and cultural opportunities for the entire community in addition to promoting cultural exchanges and activities on the basis of mutual friendship and amity between the City and its sister cities. 2.33.030 Functions and duties. The functions and duties of the Cultural Arts Commission shall be as follows: A. Encourage the preservation of Chula Vista’s cultural heritage and the creation of an atmosphere – a Chula Vista image – in which our citizens could take pride and have increased stature. B. Help coordinate and marshal support for the arts. C. Encourage the provision of cultural and artistic facilities and features in public and commercial construction. D. Formulate recommendations for a City arts program, including funding mechanisms, criteria for the selection and placement of public art, procedures for review plans, and guidelines to carry out a City arts program. E. Regularly assess, review and update recommended goals and long-range plans for the City; and regularly solicit public input on the arts. 2022/12/06 City Council Post Agenda Page 229 of 1285 Page 6 of 63 Attachment 1 F. Encourage the development of arts and cultural programs for the youth of Chula Vista. G. Promote the creation of a cultural environment to attract visitors and economic development. The Commission, by having a definite focus and by demonstrating a high degree of commitment to the arts, can conduct strategic long-range planning to help reach these goals. H. Make recommendations for cultural exchanges and activities that are virtual and/or accessible on the basis of mutual friendship and amity between the City and its sister cities. HI. The Commission may develop guidelines for consideration during the application and appointment processes for new memberMembers, which may include relevant questions to be included on the application, recommended considerations when making an appointment, and definitions of terms referenced in CVMC 2.33.040, related to the qualifications of memberMembers. 2.33.040 Membership. A. The Cultural Arts Commission shall consist of nine Vvoting Mmembers and one Youth Advisory Member thatwho represent a diversity of backgrounds, to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. All nine Vvoting Mmembers shall demonstrate competence, knowledge and experience in cultural arts; and a minimum of six memberMembers shall be appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines. 2. The Cultural Arts Commission may recommend guidelines to be used during the application and appointment processes, which may include relevant questions to be included on the application, a checklist of qualifications, and definitions of terms referenced in this sectionSection, related to the qualifications of membersMembers. 3. When a vacancy occurs on the Cultural Arts Commission, the City Clerk shall forward applications received for the vacant position to the Mayor and Cultural Arts Manager or other staff assigned to the Cultural Arts Commission. 4. Throughout the review of applications, selection of applicants to be interviewInterviewed and interviewInterviews of selected applicants, the Mayor shall consider guidelines developed by the Cultural Arts Commission, as well as recommendations for interviews or appointments that may be made by the Cultural Arts Commission, City Councilmembers, and the Cultural Arts Manager or other staff assigned to the Cultural Arts Commission. 5. The Mayor shall review the forwarded applications and select applicants to be interviewInterviewed. The Mayor shall interviewInterview selected applicants and provide the opportunity for the Cultural Arts 2022/12/06 City Council Post Agenda Page 230 of 1285 Page 7 of 63 Attachment 1 Manager or other staff assigned to the Cultural Arts Commission to attend and assist with the interviews. The Mayor shall make nominations for appointment, subject to the City Council’s approval. [CHAPTER 2.35 HOUSING ADVISORY COMMISSION] Chapter 2.35 HOUSING AND HOMELESSNESS ADVISORY COMMISSION 2.35.010 Creation. Pursuant to Section 34291 of the California Health and Safety Code, there There is hereby created a Housing and Homelessness Advisory Commission, in accordance with the City Charter and with Section 34291 of the California Health and Safety Code. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. 2.35.020 Purpose and intent. It is the purpose and intent of the City Council, in establishing the Commission, to create an advisory and coordinating body which is to serve as a resource, to advise and to make recommendations to the Housing Authority, Successor Agency to the Redevelopment Agency, City Council, and City Manager on housing issues and opportunities that would benefit the community, including matters related to services, programs, and funding for the City’s unsheltered community. 2.35.030 Functions and duties. The functions and duties of the Housing and Homelessness Advisory Commission shall be as follows: A. Serve as an advisory body to the Housing Authority, City Council, Successor Agency to the Redevelopment Agency, and City Manager. B. Periodically assess the housing needs of the residents of Chula Vista and review housing policies and strategies, including the Housing Element of the General Plan, the Comprehensive Housing Affordability Strategy, and the Redevelopment Agency Housing Plan; and to make recommendations to improve said planspolicies and strategies to address identified community housing needs. C. Review and make recommendations on all matters to come before the Housing Authority, except emergency matters and matters which the Housing Authority, by resolution, excludes from its review. D. Review all proposed affordable housing projects to be assisted with public funds or incentives and make recommendations concerning said projects. E. Review all affordable housing projects proposed under the City’s affordable housing program and related development agreements and make recommendations concerning said projects. F. Consider and make recommendations on matters related to services, programs, and funding for the City’s unsheltered community. 2022/12/06 City Council Post Agenda Page 231 of 1285 Page 8 of 63 Attachment 1 FG. Review ongoing housing programs of the Housing Authority, City, and Successor Agency to the Redevelopment Agency and make recommendations for improvement thereof, including efforts to publicize the availability of housing opportunities to City residents. GH. Perform such others functions or duties as may be delegated by the Housing Authority. 2.35.040 Membership. A. The Housing and Homelessness Advisory Commission shall consist of seven Vvoting Mmembers and up to two ex officio membersEx Officio Members, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The Vvoting Mmembers shall be appointed according to the following specifications: Three memberMembers shall have expertise and experience in at least one of the following fields: lending, urban planning, real estate development, and real estate brokerage; two memberMembers shall be appointed as representatives of tenants of the Housing Authority, and shall, at the time of their appointments and throughout their terms, reside in assisted housing or receive Section 8 rental housing assistance from the Housing Authority; one of these two memberMembers shall be 62 years of age or older; and two memberMembers shall be residents of the City at large, and shall, throughout their terms, maintain their residency and elector status. [CHAPTER 2.36 HUMAN RELATIONS COMMISSION] 2.36.040 Membership. A. The Human Relations Commission shall consist of 11 Vvoting Mmembers and one Youth Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The memberMembers shall be: (1) representative of the diversity of the City; (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’s residents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civic activities of the City. [CHAPTER 2.37 COMMISSION ON AGING] Chapter 2.37 COMMISSION ON AGING 2.37.010 Creation. There is hereby created a Commission on Aging. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982). 2022/12/06 City Council Post Agenda Page 232 of 1285 Page 9 of 63 Attachment 1 2.37.020 Purpose and intent. A. It is the purpose and intent of the City Council to establish the Commission on Aging to make recommendations and advise the City Council and the City Manager on all matters affecting the older residents of the City, who constitute nearly 16 percent of the population of the City. B. It is the intent of the City Council to create healthy, enlightened attitudes, policies and practices by establishing this Commission as an official body, not as an enforcement or reviewing agency, but as a commission that will carefully survey, intelligently plan and use the tools of education and motivation to the realization of the objectives stated in this chapter. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982). 2.37.030 Functions and duties. A. The Commission shall undertake investigations and studies for the purpose of making recommendations to the City Council concerning, but not limited to, the following: 1. Social service and/or human service programs and facilities; 2. Leisure time activities and recreational and social programs; 3. Development of part-time employment opportunities; 4. Programs for the understanding of the problems of senior citizens. B. In addition to investigative research activities, the Commission on Aging is specifically charged with a responsibility to: 1. Take such steps as are necessary based upon their analysis of the current situation to develop a mutual understanding and respect between seniors and the balance of the community; 2. Promote new and improved programs of service to older residents in cooperation with peer boards and commissions as well as the City Manager; 3. Review the effectiveness of programs presently being used and, when necessary, recommend modification, redirection, and use of alternate or additional resources; 4. Work together with City, county, state and federal agencies in developing programs for the older residents; 5. Actively encourage local retirement clubs, churches and senior groups to exchange ideas on programs, activities and social action which will benefit seniors and decrease their isolation from the community; 6. Promote intergenerational programs that will cause and result in an interchange of ideas and activities between the elderly and the youth of our community; 7. Determine the extent of, and make recommendations with regard to, senior citizen involvement and participation in the processes of government; 8. Provide a forum for senior citizens to bring specific problems; 9. Periodically prepare comprehensive reports to the City Council describing the Commission’s activities, accomplishments and recommendations as to future efforts; 2022/12/06 City Council Post Agenda Page 233 of 1285 Page 10 of 63 Attachment 1 10. Establish a list of priorities on needs and programs and to advocate appropriate action by the City Council in accordance with the list of needs and programs. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982). 2.37.040 Membership. The Commission on Aging shall consist of seven members, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. The members shall be representative of the total racial, religious, ethnic and social spectrum of the senior citizens. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982). 2.37.050 Meeting frequency. The Commission’s meeting schedule shall include at least one regular meeting every two months, at the day, time, and location established by written resolution of the Commission. (Ord. 3435 § 1, 2018; Ord. 3211 § 11, 2011). 2.37.060 Funding. In the event that private funds or funds from other governmental agencies are made available for special projects, surveys, educational programs or general program support, the City Manager is authorized, upon recommendation of the Commission and approval of the City Council, to enter into appropriate contracts for the utilization of such funds in furtherance of the purpose and intent and the duties and functions of the Commission. (Ord. 3211 § 11, 2011; Ord. 2016 § 1, 1982). [CHAPTER 2.38 INTERNATIONAL FRIENDSHIP COMMISSION] Chapter 2.38 INTERNATIONAL FRIENDSHIP COMMISSION 2.38.010 Creation. There is created the International Friendship Commission. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 12, 2011; Ord. 2085 § 1, 1984; Ord. 1206 § 1, 1969; prior code § 2.9). 2.38.020 Functions and duties. The functions and duties of the International Friendship Commission shall be as follows: A. Recommend to the City Council a city (or cities) in a foreign land or lands, with which, in its opinion, it would be appropriate for the City of Chula Vista to carry on and promote cultural and economic interchange. Such city or cities, when finally chosen by the City Council, may be referred to as a sister city; B. Further the economic cooperation, cultural interchange and mutual understanding on the basis of mutual friendship and amity between the City and such sister city or cities, as well as other foreign communities both local and national wherein the City has economic and cultural interests; 2022/12/06 City Council Post Agenda Page 234 of 1285 Page 11 of 63 Attachment 1 C. Plan, develop and carry out mutual economic and cultural activities with the counterpart commission in the foreign land or lands, and with the officials and citizens of such sister city or cities, and such other local and national foreign communities. (Ord. 3211 § 12, 2011; Ord. 1206 § 1, 1969; prior code § 2.10). 2.38.030 Membership. The International Friendship Commission shall consist of nine members, to be appointed by the City Council in accordance with the provisions of Article VI of the City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 12, 2011). 2.38.040 Meeting frequency. The Commission’s meeting schedule shall include at least one regular meeting per month, at the day, time, and location established by written resolution of the Commission. (Ord. 3435 § 1, 2018; Ord. 3211 § 12, 2011; prior code § 2.12). 2.38.050 Recommendations subject to City Council approval. After the International Friendship Commission has submitted to the City Council the name of an appropriate city or cities in a foreign land or lands, the City Council shall have the power, upon receiving the recommendation of the Commission, to accept or reject the Commission’s recommendation. (Ord. 3211 § 12, 2011; Ord. 1206 § 1, 1969; prior code § 2.13). 2.38.060 Authorized expenditures. If sufficient funds are provided in the annual budget, the International Friendship Commission may expend funds for the following purposes: A. Visits or expenses incurred by reason of visits by official sister city dignitaries to the City. B. Sister city cultural visitors, such as Odawara’s Lantern Dancers. C. Sister city student visitors. D. Gifts for official representatives of sister cities. E. Two receptions per year for all foreign exchange students in Chula Vista. F. Other expenditures as may be approved by the City Council on a case-by-case basis. (Ord. 3211 § 12, 2011). [CHAPTER 2.40 GROWTH MANAGEMENT OVERSIGHT COMMISSION] Chapter 2.40 GROWTH MANAGEMENT OVERSIGHT COMMISSION 2.40.010 Creation. 2022/12/06 City Council Post Agenda Page 235 of 1285 Page 12 of 63 Attachment 1 There is hereby created a Growth Management Oversight Commission. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985). 2.40.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Growth Management Commission to create an advisory body to provide an independent annual review of the effectiveness of the General Plan regarding development issues. The Commission should use the threshold criteria to make determinations regarding the impact of development on the “quality of life” in Chula Vista, publish findings and make recommendations regarding those findings. (Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985). 2.40.030 Functions and duties. The functions and duties of the Growth Management Oversight Commission are as follows: A. Consider the quality of life threshold standards set forth in the growth management plan (and, when adopted, in the new growth management ordinance) and make determinations, or recommendations, as appropriate, regarding the following: 1. Whether compliance with the thresholds has been met on both a project and cumulative basis; 2. Whether each threshold is appropriate for its goal; 3. Whether any new threshold should be adopted for any issue; 4. Whether any new issues should be added to or deleted from the thresholds analysis group; 5. Whether the City has been using fees and funds derived from developers for the intended purpose; 6. Whether enforcement is being achieved. B. Annually, on or before June 30th, make and publish its findings and recommendations, including those for imposition of a moratorium or formal “statement of concern” regarding water, sewer, schools, and air quality thresholds. C. The Commission’s annual report shall be forwarded to City Council in a timely manner through the Planning Commission. D. Annually review implementation of the Growth Management Element of the General Plan and the growth management program. Such review shall include the adequacy of master facility plans to account for the effective use of public facilities required by future growth in connection with the planning and phasing of development projects. (Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985). 2.40.040 Membership. A. The Commission shall consist of nine voting members and up to three ex officio members to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. B. The voting members shall be appointed as follows: 2022/12/06 City Council Post Agenda Page 236 of 1285 Page 13 of 63 Attachment 1 1. Four of the members shall be appointed based on the City Council district in which they reside. This classification of members shall be comprised of one resident from each of the four City Council districts. Those members shall reside in their respective City Council districts at the time of their appointment and shall reside in their respective City Council districts for the duration of their membership on the Commission. 2. One member shall represent local educational interests. 3. One member shall represent development interests. 4. One member shall represent environmental interests. 5. One member shall represent business interests. 6. One member shall be a member of the Planning Commission. C. The members shall be appointed in accordance with the full Council interview appointment process specified in CVMC 2.25.052(B). (Ord. 3490 § 1, 2020; Ord. 3435 § 1, 2018; Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985). 2.40.050 Meeting frequency. The Commission’s meeting schedule shall include at least two regular meetings per month, at the day, time, and location established by written resolution of the Commission. (Ord. 3435 § 1, 2018; Ord. 3211 § 14, 2011; Ord. 2447 § 1, 1991; Ord. 2129 § 1, 1985). [CHAPTER 2.41 PARKS AND RECREATION COMMISSION] 2.41.040 Membership. A. The Parks and Recreation Commission shall consist of seven Vvoting Mmembers and one Youth Advisory Member appointed by the City Council from the registered voters of the City in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Three voting seats shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining voting seats are nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 3. The Youth Advisory Member shall meet the qualifications of specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2022/12/06 City Council Post Agenda Page 237 of 1285 Page 14 of 63 Attachment 1 B. In the event the City Council contracts with other agencies interested in recreation and parks for joint exercise of any functions, the contract may provide that the other agencies may have representation on the Commission during the term of the contract. [CHAPTER 2.42 PLANNING COMMISSION] 2.42.015 Purpose and Intent. The purpose of this chapter is to supplement City Charter Section 605, establishing the Planning Commission and setting forth its powers and duties. It is the intent of the City Council that the Planning Commission shall additionally meet the certified local government requirements, as defined by the national Historic Preservation Act, and serve as the authority on historic preservation matters and advise the Council and other City Boards and Commissions, as needed, on historic preservation matters, as is mandated by CVMC Title 21, Historic Preservation.. If there is any conflict between this chapter and the Charter, the Charter shall govern. 2.42.020 Functions and duties. A. In accordance with Charter Section 606, the Planning Commission shall have the power and duty to: 1.A. Recommend to the City Council, after a public hearing, the adoption, amendment, or repeal of a Master Plan or any part thereof for the physical development of the City; and. 2B. Exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by ordinance. B. Additionally, the Planning Commission shall have the power and duty, in accordance with CVMC 21.02.030 to:C. 1. Approve Major Certificates of Appropriateness and Historic Designations. 2D. Uphold the goals and policies of the General Plan related to historic preservation. 3E. Carry out the purpose and intent of CVMC Title 21, Historic Preservation. 4F. Assist staff in the development and maintenance of a certified historic preservation program that carries out the provisions of the certified local government program. 5G. Approve designations of historical resources to the City of Chula Vista Register of Historical Resources. 6H. Recommend to City Council delistings from the City of Chula Vista Register of Historical Resources. 7I. Grant or deny applications for permits for major alterations of historical resources. 8J. Grant or deny appeals from decisions of the Zoning Administrator for applications of minor alterations of historical resources. 9K. Make recommendations to City Council on applications for participation in City approved historic preservation incentive programs including but not limited to the Mills Act Property Tax Abatement Program. 2022/12/06 City Council Post Agenda Page 238 of 1285 Page 15 of 63 Attachment 1 10L. Advise the City Council and other boards, commissions and committees as necessary on historic preservation issues. 11M. Perform other functions as appropriate to safeguard the City’s historic, aesthetic, social, economic, political and architectural past. [CHAPTER 2.44 SAFETY COMMISSION] Chapter 2.44 TRAFFIC SAFETY COMMISSION 2.44.010 Creation. There is created and established the Traffic Safety Commission. The provisions of Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter shall govern this Commission. 2.44.020 Functions and duties. The duties of the Traffic Safety Commission shall be to conceive and develop ideas or suggestions that would specifically or generally contribute to the improvement of personal or property safety within the City area, receive and process such ideas from any individual or groups of individuals, and after such suggestions have been given careful consideration and study by memberMembers, both individually and collectively, make appropriate recommendations, by resolution, to the City Council. All recommendations shall be considered and acted upon favorably or unfavorably. The scope of the operations of the Commission may embrace any hazardous condition, whether it be physical or material, that would jeopardize human safety, or cause damage to property both within and outside the home or industry; provided, however, that the basic function of the Commission shall be related to matters of vehicular or pedestrian traffic safety within the public rights-of-way in the City and safety hazards that may exist on or about publicly owned land and facilities. 2.44.030 Membership. The Traffic Safety Commission shall consist of seven memberMembers who shall be appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. [CHAPTER 2.45 BOARD OF LIBRARY TRUSTEES] 2.45.040 Membership. The Board of Library Trustees shall consist of five Vvoting Mmembers appointed by the City Council from the registered voterRegistered Voters of the City and one Youth Advisory Member. The City Council may change the number of memberMembers comprising the Board by ordinance. [CHAPTER 2.47 HEALTHY CHULA VISTA ADVISORY COMMISSION] 2022/12/06 City Council Post Agenda Page 239 of 1285 Page 16 of 63 Attachment 1 Chapter 2.47 HEALTHY CHULA VISTA ADVISORY HEALTH, WELLNESS, AND AGING COMMISSION* 2.47.010 Creation. The Healthy Chula Vista Advisory Health, Wellness, and Aging Commission, originally named the Healthy Chula Vista Advisory Commission, was created as a result of the Healthy Chula Vista Action Plan adopted January 5, 2016. The Healthy Chula Vista Advisory Commission was combined with the Commission on Aging in 2022 to create a comprehensive advisory body that incorporated health, wellness, and aging matters. The general rules governing boards and commissionsBoards and Commissions set forth in Chapter 2.25 CVMC shall govern the Healthy Chula Vista Advisory BoardHealth, Wellness, and Aging Commission, except as specifically provided below. 2.47.020 Purpose and intent. It is the purpose and intent of the City Council, in establishing the BoardCommission, to create an advisory and coordinating body which is to serve as a resource to advise and to make recommendations to the City Council and City Manager on health , wellness-, and aging-related policies and opportunities, including the General Plan, under the Healthy Chula Vista InitiativeAction Plan, and Age-Friendly Action Plan that would benefit the community, as well as provide a forum for older adults and the community to bring forward public health and aging matters. 2.47.030 Functions and duties. The functions and duties of the Healthy Chula Vista Advisory Health, Wellness, and Aging Commission shall be as follows: A. Serve as an advisory body to the City Council and City Manager. B. Periodically assess the health, wellness, and aging needs of the residents of Chula Vista and review health- , wellness-, and aging- related policies and strategies, including the General Plan, and Healthy Chula Vista Action Plan, and Age-Friendly Action Plan, to make recommendations to improve said plans to address identified community health, wellness, and aging needs. C. Serve as a forum for older adults and the community to bring forward public health and aging matters. CD. Perform such others functions or duties as may be delegated by the City Council. 2.47.040 Membership. A. The Healthy Chula Vista AdvisoryHealth, Wellness, and Aging Commission shall consist of nine Vvoting Mmembers and one Youth Advisory Member, to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Five Vvoting Mmembers shall have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan or the Age-Friendly Action Plan: land use, transportation, nutrition, health care, physical activity, and/or environment, and/or older adults. These memberMembers shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2022/12/06 City Council Post Agenda Page 240 of 1285 Page 17 of 63 Attachment 1 2. The four remaining voting seats shall be nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 3. The Youth Advisory Member shall meet the qualifications of specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). [CHAPTER 2.49 HISTORIC PRESERVATION COMMISSION] Chapter 2.49 HISTORIC PRESERVATION COMMISSION 2.49.010 Creation. There is hereby created a Historic Preservation Commission. (Ord. 3197 § 3, 2011). 2.49.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Historic Preservation Commission to create a commission that meets the certified local government requirements, as defined by the national Historic Preservation Act, which would serve as the authority on historic preservation matters, and that would advise the Council and other City boards and commissions, as needed, on historic preservation matters as is mandated by CVMC Title 21, Historic Preservation. (Ord. 3197 § 3, 2011). 2.49.030 Functions and duties. The function and duties of the Historic Preservation Commission shall be as follows: A. Uphold the goals and policies of the General Plan related to historic preservation. B. Carry out the purpose and intent of CVMC Title 21, Historic Preservation. C. Assist staff in the development and maintenance of a certified historic preservation program that carries out the provisions of the certified local government program. D. Ensure that appropriate historic contexts are identified and utilized for resource interpretation, evaluation, and recognition. E. Assist staff in the preparation and maintenance of a historical resources survey of recognized and potentially historically and architecturally significant structures and areas. F. Approve designations of historical resources to the City of Chula Vista Register of Historical Resources. G. Recommend to City Council delistings from the City of Chula Vista Register of Historical Resources. H. Grant or deny applications for permits for demolition, or major alterations of historical resources. I. Grant or deny appeals from decisions of the Zoning Administrator for applications of minor alterations of historical resources. 2022/12/06 City Council Post Agenda Page 241 of 1285 Page 18 of 63 Attachment 1 J. Encourage public understanding of and involvement in the unique historical, architectural, and environmental heritage of the City through educational programs. K. Explore means and support implementation strategies for the protection, retention and use of any historical resource, historic preservation district, or potential historical resource. L. Support the use of incentives and benefits for the protection, retention, and preservation of historical resources. M. Make recommendations to City Council on applications for participation in City approved historic preservation incentive programs including but not limited to the Mills Act Property Tax Abatement Program. N. Encourage cooperation between public and private historical and cultural preservation groups. O. Advise the City Council and other boards, commissions and committees as necessary on historic preservation issues. P. Perform other functions as appropriate to safeguard the City’s historic, aesthetic, social, economic, political and architectural past. (Ord. 3197 § 3, 2011). 2.49.040 Membership. The Historic Preservation Commission membership shall follow the provisions of CVMC 2.25.030 through 2.25.060 and shall consist of seven members to be appointed by the Mayor and confirmed by the City Council from the qualified voters of the City in a manner prescribed in accordance with the provisions of Section 600 et seq. of the City Charter. A minimum of four members shall be appointed from among professionals in the disciplines of history, architecture, architectural history, planning, prehistoric archaeology, folklore, cultural anthropology, curation, conservation, landscape architecture or related disciplines. In addition, at least one member should be a California licensed real estate agent, and all seven members shall demonstrate an interest, competence or knowledge in historic preservation. (Ord. 3197 § 3, 2011). 2.49.050 Term of office. Repealed by Ord. 3435, 2018. 2.49.060 Operation of the Commission. Operation of the Historic Preservation Commission shall follow the provisions of CVMC 2.25.170 through 2.25.280. A. Staff Support. All officers and department heads shall cooperate with, and render reasonable assistance to, the Commission. The City Manager may make available staff and clerical support to the Commission to fulfill its functions and duties, provided such staff and clerical support is available. (Ord. 3197 § 3, 2011). 2022/12/06 City Council Post Agenda Page 242 of 1285 Page 19 of 63 Attachment 1 2.49.070 Vacancies. Repealed by Ord. 3435, 2018. 2.49.080 Meeting frequency. The Commission’s meeting schedule shall include at least one regular meeting per month, at the day, time, and location established by written resolution of the Commission. (Ord. 3435 § 1, 2018). [CHAPTER 2.61 MEASURE P CITIZENS OVERSIGHT COMMITTEE] 2.61.050 Composition – Qualifications – Nomination. A. Members. The COC shall be comprised of nine memberMembers, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC memberMembers must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC memberMembers must be qualified electors at the time they apply and must maintain such status throughout their tenure. No COC memberMember may be a current City employee or current elected City official per the requirements of Measure P (CVMC 3.33.160(D)). C. Designated Members. Four of the total nine COC memberMembers shall be nominated, apply, and serve as “Ddesignated mMembers.” Designated mMembers shall be nominated, one each, by the following nominating authorities (each a “nominating authority,” collectively the “nominating authorities”), subject to the additional membership qualifications, if any, specified for each: 1. Chula Vista Chamber of Commerce; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 2. San Diego County Taxpayers Association; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction); 3. Chula Vista Youth Sports Council; nominee(s) must be a Youth Sports Council Board Member; 43. Chula Vista Parks and Recreation Commission; nominee(s) must be from this Commission; 5. Chula Vista Growth Management Oversight Commission; nominee(s) must be from this Commission; 64. Sustainability Commission (formerly known as the Resource Conservation Commission); nominee(s) must be from this Commission; 75. San Diego and Imperial Counties Labor Council; 2022/12/06 City Council Post Agenda Page 243 of 1285 Page 20 of 63 Attachment 1 86. Alliance of Californians for Community Empowerment, San Diego branch. D. Designated Member Appointment Process. Designated memberMembers shall be appointed in accordance with the designated memberDesignated Member appointment process identified below. 1. When a vacancy occurs, designated membersDesignated Members shall be selected for nomination by the nominating authorities specified in subsection Subsection (C) of this section Section that do not have a Designated Member designated member appointed to the COC (each an “unrepresented nominating authority,” collectively the “unrepresented nominating authorities”) at the time the vacancy occurs. If any of the unrepresented nominating authorities declines to exercise their nominating authority in a timely fashion, or if any ceases to function or exist, that party’s nominating authority may pass to a substantially similar organization if approved by the City Council. 2. Unrepresented nominating authorities shall submit the name and contact information for their nominee (“designated nomineeDesignated Nominee”) to the City Clerk on a form prescribed by the City Clerk. The City Clerk shall provide each Designated Nominee designated nominee with instructions to complete and submit the application to the City Clerk within a specified time period. Completed applications timely received by the City Clerk shall be forwarded to the Mayor. 3. The Mayor shall interviewInterview all Designated Nominee designated nominees who timely complete applications, and thereafter may make nominations for appointment as provided in subsection Subsection (D)(4) of this sectionSection, subject to the City Council’s approval. 4. After completing interviewInterviews in accordance with subsection Subsection (D)(3) of this sectionSection, the Mayor may make a nomination to the City Council or may reject the proposed nomination. If the Mayor rejects a proposed nomination, the Mayor may request additional submittal for a Designated Nomineedesignated nominee. Once rejected, a Designated Nominee designated nominee may not be resubmitted for the term at issue, but may be submitted for consideration for future terms. E. At-Large Members. Five of the total nine COC memberMembers shall apply and serve as representatives of the City “at-large.” Expertise and experience in accounting, finance, engineering, or a related discipline (including construction) is desirable but is not required. At-large memberMembers shall be comprised of the following: 1. One memberMember may be a resident of any one of the four districts and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining memberMembers shall be nominated by a particular Council district seat and appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. [CHAPTER 2.63 MEASURE P CITIZENS OVERSIGHT COMMITTEE] 2022/12/06 City Council Post Agenda Page 244 of 1285 Page 21 of 63 Attachment 1 2.63.050 Composition – Qualifications – Nomination. A. Members. The COC shall be comprised of 12 11 memberMembers, each with equal rights and standing to act and vote on COC matters. B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC memberMembers must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC memberMembers must be qualified electors at the time they apply and must maintain such status throughout their tenure. C. Designated Members. Eight Seven of the total 1211 COC members shall be nominated, apply and serve as “designated membersDesignated Members.” Designated memberMembers shall be nominated, one each, by the following nominating authorities (each a “Nominating Authority,” collectively the “Nominating Authorities”), subject to the additional membership qualifications, if any, specified for each: 1. Chula Vista Chamber of Commerce; nominee(s) must be a member of the Chamber; 2. Chula Vista Police Officers Association (POA); nominee(s) must be an active member of this association; 3. Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an active member of this association; 4. Chula Vista Growth Management Oversight Commission; nominee(s) must be from this Commission; 54. Association of Chula Vista Employees (ACE); nominee(s) must be an active member of this association; 65. Chula Vista Fire Chief; 76. Chula Vista Police Chief; 87. Chula Vista Middle Managers/Professional Employee Group (MM/PROF). Designated memberMembers shall be appointed in accordance with the designated memberDesignated Member appointment process specified in CVMC 2.25.052(D). D. At-Large Members. Four of the total 12 COC memberMembers shall apply and serve as representatives of the City “at-large.” At-large memberMembers shall be comprised of one resident from each of the four City Council districts and shall be nominated by a particular Council district seat and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. 2022/12/06 City Council Post Agenda Page 245 of 1285 Page 22 of 63 Attachment 1 2.63.110 Dissolution date. The COC may be disbanded following the implementation of “Phase I” critical needs, as reported in the Intended Public Safety Expenditure Plan and if the City Council elects to disband the COC, the City’s Growth Management Oversight Commission, or an alternative a citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner determined by the City Council, regarding the collections and expenditure of Measure A revenues and the resulting impacts on public safety. 3.34.160 Citizens’ oversight and accountability. In order to provide for citizens’ oversight, transparency and accountability in connection with expenditures of tax revenues generated under the terms of this chapter, the City shall do the following: A. Line Item Accounting. All revenue generated by the tax (“Measure A revenues”) shall be accounted in the general fund as a separate line item entitled “Local Transactions and Use Tax – Measure ‘A’ Revenues.” Measure A revenues and expenditures will be tracked and accounted for by City Finance Department staff in accordance with generally accepted accounting principles (GAAP), and presented annually in a report (the “Finance Department Report”) to the Citizens’ Oversight Committee (“COC”) created pursuant to subsection Subsection (D) of this sectionSection. B. Annual Submittal of Measure A Public Safety Expenditure Plan. If Measure ‘A’ is approved by the voters, beginning in fiscal year 2018-2019, and for each subsequent year, prior to City Council consideration of the City’s annual budget, City staff will prepare and present to the COC for its review a spending plan for the Measure ‘A’ Revenues. Such plan (the “Measure ‘A’ Spending Plan”) shall be (1) consistent with the City Council Intended Public Safety Expenditure Plan approved concurrently with the ordinance codified in this chapter; (2) include specific proposals for near term expenditures; and (3) a plan for expenditures for the next 10 years to address the “Phase I” critical needs described therein. After review by the COC, the Measure ‘A’ Spending Plan for the upcoming fiscal year shall be incorporated into the City Manager’s proposed budget, and then presented to the City Council for its consideration and action, in its discretion, as part of the City’s annual budget process. The City Council must consider for approval the expenditure of projected Measure ‘A’ revenues as a separate line item category in each year’s budget. The COC’s duties under this sectionSection shall continue until and unless the City Council appoints another commission, committee, or group to be responsible for reporting to the City Council, pursuant to subsection Subsection (D) of this sectionSection. C. Annual, Independent Audit. Beginning with the fiscal year 2018-2019, the City’s independent auditors shall, as part of their annual audit of the City’s financial statements, review the collection and expenditure of Measure ‘A’ revenues. D. Measure A Oversight Committee. Prior to the Operative Date, the City shall create and convene a Citizens’ Oversight Committee (“COC”). The function of the COC shall be to review and report on City compliance with the terms of this chapter and the spending guidelines contained in the City Council Intended Public Safety Expenditure Plan and each Measure A Spending Plan presented to and approved by the City 2022/12/06 City Council Post Agenda Page 246 of 1285 Page 23 of 63 Attachment 1 Council thereafter. The COC shall operate in accordance with the Ralph M. Brown Act, which includes requirements that meetings be noticed in advance and held in public. The COC shall be created by City Council ordinance consistent with the terms of this section adopted no later than 150 days following the date of the election at which Measure A is approved by the voters. The COC may be disbanded following the implementation of “Phase I” critical needs, as reported in the Intended Public Safety Expenditure Plan. If the City Council elects to disband the COC, the City’s Growth Management Oversight Commission, or an appropriate alternative citizens’ group or committee designated by the City Council, shall be responsible for reporting to the City Council, in a manner to be determined by the City Council, regarding the collection and expenditure of Measure A Revenues and the resulting impacts on public safety. [TITLE 10: VEHICLES AND TRAFFIC] 10.04.020 Intent and purpose of provisions. A. It is the purpose and intent of the City Council in adopting this title to provide a convenient compilation of the rules and regulations governing and controlling the movement of motor vehicles and traffic in Chula Vista. These rules and regulations are further intended to supplement the regulations contained in the Vehicle Code of the state of California in those instances where the subject matter is not covered by state traffic laws, and to adopt local regulations where express power is granted to local authorities to control particular subject matter. It is the purpose of this title to provide standards and guidelines for the administration of motor vehicles and traffic regulations for those departments charged with such responsibility in the City. Certain definitions and regulations contained herein incorporate the exact language of the Vehicle Code of the state of California and should be cited with reference to the code sections of the Vehicle Code as indicated. If any definitions or regulations are not contained herein, or if definitions or regulations contained herein are inconsistent with the Vehicle Code, such definitions or regulations as found in the Vehicle Code as it exists or as it may be amended shall apply. B. It is further the purpose and intent of the City Council by enacting Ordinance 2670, which amends CVMC Title 10 to delegate to the City Engineer the responsibility and authority to adopt and promulgate traffic and parking control measures pursuant to the standards promulgated by the California Vehicle Code and the California Department of Transportation (Caltrans) Traffic Manual, with the concurrence of the Safety CommissionTraffic Safety Commission, that such enactment and process constitute the enactment of an ordinance or resolution when required by the language of certain sections within Division 11 of the California Vehicle Code, through which traffic and parking control is to be exercised and effected within the jurisdictional limits of the City of Chula Vista. C. It is further the intent of the City Council, and it is hereby so authorized, that the City Engineer, upon the concurrence of the Safety CommissionTraffic Safety Commission pursuant to CVMC 10.04.030, shall have the power and authority to adopt, amend, alter or modify any regulation, as defined by CVMC 10.08.195, which creates or establishes a traffic or parking control measure. Where a traffic or parking control measure has been previously adopted by ordinance or resolution of the City Council, that regulation may be hereafter modified or abrogated by the City Engineer pursuant to the process outlined in CVMC 10.04.030. 2022/12/06 City Council Post Agenda Page 247 of 1285 Page 24 of 63 Attachment 1 10.04.030 Regulation and maintenance of schedules of streets and zones subject to regulatory provisions. A. Subject to subsection Subsection (G) of this sectionSection, the City Council, at the concurrence of the City Manager, hereby delegates the authority and responsibility to establish and maintain vehicular and pedestrian traffic and parking control measures, standards and requirements in the public right-of-way to the City Engineer after review by the Safety CommissionTraffic Safety Commission, unless, on affirmative vote of the majority of the membership of the Safety CommissionTraffic Safety Commission, the Commission objects to the proposed action by the City Engineer, in which case the matter shall be referred to the City Council, and the authority as to such matters shall thereafter be revested in the City Council to be exercised upon the affirmative vote of at least three members of the City Council. B. The Safety CommissionTraffic Safety Commission may not initiate or order the implementation of a traffic control measure, but may recommend to the City Engineer the consideration of a proposed traffic or parking control measure. If the City Engineer declines to implement a traffic or parking control measure recommended by the Safety CommissionTraffic Safety Commission, the Safety CommissionTraffic Safety Commission may refer the matter to the City Council, and following such referral, the authority to implement or order the particular traffic safety measure recommended by the Safety CommissionTraffic Safety Commission shall be vested in the City Council. C. The Safety CommissionTraffic Safety Commission shall utilize the standards and procedures established in the California Vehicle Code and the State of California (Caltrans) Traffic ManualState of California Manual on Uniform Traffic Control Devices (CA MUTCD) in its deliberations and recommendations, but may base its recommendations to the City Engineer, or City Council when applicable, upon other matters of public policy affecting traffic safety. D. The City Engineer shall exercise the responsibility and authority hereby delegated for the determination, design, administration and enforcement of traffic and parking control measures and installation of devices consistent with the standards and warrants contained in the latest effective edition of the State of California Traffic Manual as amended, a copy of which is on file in the office of the City Engineer. The City Engineer shall promptly file any amendments to or later editions of the State of California (Caltrans) Traffic ManualState of California Manual on Uniform Traffic Control Devices (CA MUTCD) or successor manuals promulgated by the state of California pursuant to the authority of the California Vehicle Code and, upon filing, those standards will become applicable to the determinations and regulations adopted by the City Engineer. E. Except as provided in CVMC 10.52.070, no traffic control measure or parking control measure shall be enforceable, nor shall a violation be punishable, until an appropriate traffic control device or parking control device meeting the standards prescribed in subsection Subsection (D) of this sectionSection is posted or installed. Posting or installation shall be prima facie evidence of the legality of any traffic control measure or parking control measure adopted under this title. 2022/12/06 City Council Post Agenda Page 248 of 1285 Page 25 of 63 Attachment 1 F. Administration and maintenance of records by the City Engineer shall be as follows: 1. The City Engineer shall maintain all regulations under this title and provide the Chief of Police copies of all administrative interpretations and determinations made pursuant to this sectionSection which govern the installation and administration of traffic control measures and parking control measures in the City of Chula Vista. 2. The City Engineer shall maintain a register of all schedules which establish parking and traffic control measures for streets within the City, and shall incorporate into those schedules the streets, zones and intersections and restrictions or limitations previously listed in Schedules I through XVI as were previously codified in this title prior to their repeal by Ordinance 2670. The repeal or amendment of those sections by Ordinance 2670 is intended to merely delete reference to the street designations within the text of the Municipal Code. Parking and traffic control measures upon those streets, zones and intersections shall be administered by the City Engineer pursuant to this sectionSection. G. Exceptions. The City Council reserves the right to enact ordinances and resolutions, and the City Engineer shall make recommendations to the Council, as appropriate, on the following matters: 1. Traffic control measures budgeted by the City as a capital improvement project budget. 2. Regulations adopted pursuant to California Vehicle Code Section 21101(a) and (c). 3. Traffic control measures affecting community businesses, and having an impact on the availability of parking within business districts including, but not limited to, angle parking and installation of parking meters. 4. Parking and traffic regulations on private property and roads pursuant to California Vehicle Code Sections 21107 and 21107.8. 5. Ordinances or resolutions which amend, modify or restrict the authority of the City Engineer or which establish policy to guide the City Engineer’s exercise of authority pursuant to this code. 6. Establishment of parking meter zones and parking fees pursuant to Vehicle Code Section 22508. 7. Establishment of speed limits pursuant to California Vehicle Code Sections 22357 and 22358. H. Emergency, Special Events and Road Construction Events. The City Engineer’s authority regarding the adoption of traffic and parking control measures for emergencies and road construction is as follows: 1. Road Construction. The authority to establish and maintain traffic control measures for road construction events shall be vested solely in the City Engineer, unless overruled by the affirmative vote of three members of the City Council. Referral to and concurrence of the Safety CommissionTraffic Safety Commission are not required. The City Engineer shall, under the following circumstances, advise the Council a minimum of seven days in advance in writing of the following proposed traffic control measures exercised under the authority of this subsection: 2022/12/06 City Council Post Agenda Page 249 of 1285 Page 26 of 63 Attachment 1 a. The proposed measure may involve complete road closures on any road; b. The proposed measure may involve significant interference with traffic on high volume roads; c. The proposed measure may involve long-term partial road closures on any road; d. The proposed measure may involve interference with access to any business; e. The proposed measure may involve the rerouting of traffic through residential areas. 2. Emergency Traffic Regulations. The City Engineer may enact emergency traffic regulations with the concurrence of the Chief of Police when necessary to immediately preserve the public health, safety and welfare, and shall report the same to the City Council within seven days. Emergency traffic regulations shall remain valid and effective until set aside or modified by the City Council. Referral to the Safety CommissionTraffic Safety Commission is optional. 3. Special event regulations establishing and maintaining traffic control measures for special events and community events using the public right-of-way. 10.04.040 Criminal provisions and administrative remedies. A. General Provisions. It is unlawful for any person to disobey the directions of any traffic control device or parking control device within the City of Chula Vista. This sectionSection shall be cited as authority except when a more specific provision is contained in the California Vehicle Code or elsewhere in this title, in which case the more specific provisions will be used. B. Administrative Remedy. Any person who contends that a traffic or parking control measure or device was not promulgated or installed according to the regulations contained in this title or the California Vehicle Code may petition the Safety CommissionTraffic Safety Commission to examine the matter, and may appeal that determination to the City Council within 10 days following. 10.12.020 City Engineer powers and duties. The City Engineer shall: A. Except where reserved by the City Council pursuant to Council policy or as set forth in CVMC 10.04.030(G), the City Engineer, with the concurrence of the Safety CommissionTraffic Safety Commission, shall have the power to adopt traffic and parking control measures and install, modify or alter traffic and parking control devices; and B. Determine the installation, proper timing and maintenance of official traffic control devices, conduct engineering analysis of traffic accidents and devise remedial measures, conduct engineering investigation of traffic conditions, and cooperate with other City officials in the development of ways and means to improve 2022/12/06 City Council Post Agenda Page 250 of 1285 Page 27 of 63 Attachment 1 traffic conditions. Whenever, by the provisions of this code, a power is granted to the City Engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or by a person authorized in writing by him. Whenever the City Engineer makes a determination authorized by this chapter, pursuant to the provisions of the California Vehicle Code, the violation of which is a misdemeanor, said determination shall promptly be filed in writing by the City Engineer, with a copy filed with the Chief of Police, so that enforcing officials shall be aware of any changes or modifications of regulatory determinations; and C. Initiate and recommend necessary legislation for the efficient operation of traffic and the prevention of traffic accidents; and D. Maintain schedules relating to parking and traffic control measures and devices on City streets as provided by regulations promulgated pursuant to this code. 10.87.050 City Council consideration and action. The City Council shall consider a petition for designation of residential permit parking district presented in compliance with the terms of this chapter, the Safety CommissionTraffic Safety Commission’s recommendation, and the City Manager’s recommendation with respect thereto at a public hearing. After the conduct of such public hearing and its consideration of (A) the City Manager’s report and recommendation, (B) any and all testimony presented in favor or against the petition, and (C) the designation criteria set forth in CVMC 10.87.070, and (D) the Safety CommissionTraffic Safety Commission’s recommendation, the City Council may approve, disapprove or decline to act on any district petition in its discretion. Any City Council resolution approving the designation of a district shall include, at a minimum (A) the applicable parking regulations, (B) the period of the day or week for their application, (C) the fee to be charged upon permit issuance, and (D) findings of compliance with the terms of this chapter. The City Council resolution may also limit the number of resident or guest permits issued to a resident if a limitation would further the goals of the residential parking permit program. [TITLE 19: PLANNING AND ZONING] Chapter 19.09 GROWTH MANAGEMENT 19.09.010 Purpose/intent, policies and findings. A. Purpose/Intent. The purpose and intent of this chapter are to: (1) implement the policy framework established by Chula Vista’s General Plan for Chula Vista’s growth management program; (2) codify threshold standards designed to assure that, as new development occurs, public facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands generated by new development, and service levels to existing residents will not be reduced; and (3) establish administration and compliance mechanisms. 2022/12/06 City Council Post Agenda Page 251 of 1285 Page 28 of 63 Attachment 1 B. Policies. It is the policy of the City of Chula Vista to: 1. Provide that public facilities, infrastructure and services meet the threshold standards set forth in this chapter, and are provided in advance of, or concurrent with, the demands created by new development; 2. Assure that individual development projects measure potential impacts upon public facilities, infrastructure and services, and provide a plan for funding improvements needed to meet the threshold standards set forth in this chapter; 3. Provide quality housing opportunities for all economic segments of the community; 4. Provide a balanced community with adequate commercial, industrial, recreational and open space areas to support the residential areas of the City; 5. Balance the regional housing needs against the public service needs of Chula Vista residents and available fiscal resources, environmental constraints, and quality of life considerations; 6. Provide that all development is consistent with the Chula Vista General Plan; 7. Provide the City Council the regulatory framework to limit or prevent additional development if certain public facilities, infrastructure and services meeting the threshold standards set forth in this chapter are not provided in a timely, phased and logical manner, as required by the General Plan; 8. Control the timing and location of development by tying the pace of development to the provision that public facilities, infrastructure and services conform to the City’s threshold standards, and to meet the goals and objectives of the growth management program; 9. Promote orderly revitalization and redevelopment of older portions of the City, including the urban core and the commercial corridors; 10. Provide that the air quality of the City of Chula Vista is maintained consistent with applicable standards; 11. Require development to conserve water so that an adequate supply is maintained to serve the needs of current and future residents. C. Findings. The City Council of the City of Chula Vista hereby finds: 1. New development creates incremental demands for public facilities, infrastructure and services provided by the City and other public agencies serving the area. 2. New development demand for public facilities, infrastructure and services, if not concurrently met with expansion of public facilities, infrastructure and services, would result in facility and service shortages, including, but not limited to, streets, schools, libraries and general governmental facilities. 2022/12/06 City Council Post Agenda Page 252 of 1285 Page 29 of 63 Attachment 1 These shortages would be detrimental to the public health, safety, and welfare of the citizens of Chula Vista. 3. The City has adopted and regularly updates facility master plans to ensure adequate infrastructure and services will be available to support the build-out demands of the adopted General Plan. 4. Since 1991, the City has maintained a growth management ordinance to achieve the purpose outlined in subsection (A) of this section, and has adopted a variety of related fee and funding programs to ensure that public improvements keep pace with growth. 5. Chula Vista’s adopted General Plan includes provisions requiring facilities and services in advance of, or concurrent with, growth. 6. Prohibiting or limiting development unless adequate public facilities, infrastructure and services are available in advance of, or concurrent with, development is consistent with the City’s policy to provide housing opportunities for all economic segments of the community. Development of housing for low- and moderate-income persons and families would most likely occur in areas of the City that are designated for highest development priority. 7. Adoption of this chapter will not adversely affect the regional welfare. By providing that adequate and safe public facilities, infrastructure and services will exist to serve all of the development in Chula Vista, and because many of these facilities and improvements are used by persons residing in neighboring areas and cities, the public health, safety and welfare of the whole region are enhanced. 8. This chapter will further the policies set forth above by: (a) requiring identification for all public facilities, infrastructure and services required as a result of development; (b) prohibiting or limiting development until adequate provisions for certain public facilities, infrastructure and services are made within the City, as herein provided; and (c) giving development priority to areas of the City where public facilities, infrastructure and services are already in place. 9. The City has influence upon, but not control of, the actions of other public agencies involved in providing services to the residents of Chula Vista, including school districts and water service purveyors. 19.09.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended: A. “Air quality improvement plan” (AQIP) means a project-specific air quality improvement plan prepared and approved in accordance with CVMC 19.09.080 and Appendix A of the Growth Management Program Implementation Manual. B. “Available facility and service capacity” shall be determined by the Development Services Director, using generally accepted planning standards and criteria, including the threshold standards set forth in this chapter. 2022/12/06 City Council Post Agenda Page 253 of 1285 Page 30 of 63 Attachment 1 Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility service the demand of existing development plus the demand that will be created by approved development. C. “Developed areas of the City” means those areas of a predominantly urban character where development has already occurred and public facilities, infrastructure and services serving that development are in place. D. “Development” means any land use, building or other alteration of land and construction incident thereto. E. “Development Services Director” or “Director” means the Director of the City’s Development Services Department or their designee. F. “Discretionary planning approval” means any permit, entitlement or approval issued under the authority of the zoning and subdivision titles of the Chula Vista Municipal Code (CVMC), and any legislative actions such as zone changes, General Plan amendments, sectional planning area (SPA) plans or general development plan approvals or amendments. G. “External public facilities and services” means the threshold standard topics that pertain to facilities and services provided from outside the City, such as schools, water and air quality. H. “Facilities” means any schools, public safety facilities, infrastructure, civic buildings, corporation yards, park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a public facilities finance plan. I. “Facility master plan” means any adopted master plan for future facility needs for services associated with the growth management program’s threshold standards, including, but not limited to: sewer, drainage, water, police, fire and emergency services, libraries and parks. J. “Facility and service capacity” means the maximum amount of development which could take place prior to increasing the number or size of a facility or the level of service as determined by applying the appropriate threshold standard. K. “Growth Management Program Implementation Manual” means a plan prepared and approved according to CVMC 19.09.030, which establishes compliance with the threshold standards, as provided in CVMC 19.09.040 and 19.09.050. L. “Moratorium” means building permits will not be issued for an area that has been identified as having a direct causal relationship to a specified threshold standard failure. City Council must make specific findings and follow specific procedures as provided in CVMC 19.09.070. 2022/12/06 City Council Post Agenda Page 254 of 1285 Page 31 of 63 Attachment 1 M. “Project” means the activity for which either an application for a sectional planning area (SPA) plan, a tentative map (TM), a conditional use permit (CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the City. N. “Public facilities finance plan (PFFP)” means a project-specific public facilities finance plan prepared and approved in accordance with CVMC 19.09.080 through 19.09.130 and Appendix C of the Growth Management Program Implementation Manual. O. “SPA plan” means a sectional planning area plan, as prescribed in Chapter 19.48 CVMC. P. “Statement of concern” means an implementation measure the Growth Management Oversight Commission (GMOC) may issue in its annual report: (1) for an external public facilities and services threshold standard, to highlight what action the City can take in order to solve a specified issue and encourage further or additional inter-agency cooperation/coordination. There may also be a recommendation for the issuance of correspondence or a resolution by the City Council to the external agency, if the situation so warrants, as determined by the GMOC; or (2) for a threshold standard that is currently failing or forecasted to fail, and may include elements dealing with City management and organization, budget priorities, and responsiveness to previous GMOC requests; or (3) in response to an overall or general quality of life consideration, irrespective to whether a particular threshold standard has been exceeded, or if it is a non-growth-related issue. It can offer a finding or make recommendations regarding City management, organization and budget priorities. Q. “Substantial compliance” means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. R. “Threshold standards” means those certain standards identified in CVMC 19.09.040 and 19.09.050 specifying the facilities and services required to support the present and future needs of the City. S. “Transportation monitoring program (TMP)” means the technical analysis of traffic operation on all urban and suburban arterials with average weekday traffic volumes greater than 20,000 vehicles per day. The TMP shall be based on the current Highway Capacity Manual, as may be amended from time to time. The technical analysis shall be conducted annually or as directed by the City Council in order to monitor actual traffic operations and to predict future traffic levels and related deterioration in the level of service. T. “Water conservation plan” means a project-specific water conservation plan prepared and approved in accordance with CVMC 19.09.080 and Appendix B of the Growth Management Program Implementation Manual. 19.09.030 Growth Management Program Implementation Manual. A. The City Council shall adopt, by resolution, a Growth Management Program Implementation Manual that specifies how the policies and threshold standards set forth in this chapter are to be implemented, and, in so doing, assure that new development does not occur unless public facilities, infrastructure and services consistent with the threshold standards are available in advance of, or concurrently with, development. 2022/12/06 City Council Post Agenda Page 255 of 1285 Page 32 of 63 Attachment 1 B. The Growth Management Program Implementation Manual shall incorporate and interpret the threshold standards as set forth in this chapter. C. The Growth Management Program Implementation Manual shall incorporate, by reference, the adopted facility master plans prepared by certain City departments, and shall address air quality and fiscal issues. D. The Growth Management Program Implementation Manual shall provide procedures for implementing any limits on building permits established pursuant to CVMC 19.09.070, and address growth-related fiscal and economic issues. E. The Growth Management Program Implementation Manual shall define the contents of public facilities finance plans (PFFPs) that are required for all development projects pursuant to CVMC 19.09.080. F. The City Council shall appoint a Growth Management Oversight Commission (GMOC), and the GMOC shall annually prepare a report and, upon doing so, the GMOC shall submit such report to the Planning Commission for input and recommendation and to the City Council for their action. G. The City Council should annually review and, by resolution, act upon the Growth Management Oversight Commission’s annual report. H. Amendments to the Growth Management Program Implementation Manual may be initiated by action of the Planning Commission or City Council, or upon request of an applicant. The City Council shall act on the requested application. 19.09.040 Threshold standards for City facilities and services. Threshold standards for City facilities and services are those under the direct control of the City, and apply to eight public facility and services topics, including: drainage, fire and emergency services, fiscal, libraries, parks and recreation, police, sewer, and traffic. In order to provide that public facilities and services, government and other utility services, and improvements are adequate to meet present and future needs of the City, the City Council hereby adopts threshold standards for each facility or improvement listed below: A. Police. 1. Goal. To maintain and improve the current level of police service in the City of Chula Vista. 2. Objective. Ensure that police staff is adequately equipped and trained to provide police service at the desired level throughout the City. 3. Threshold Standards. 2022/12/06 City Council Post Agenda Page 256 of 1285 Page 33 of 63 Attachment 1 a. Priority 1 – Emergency Calls1. Properly equipped and staffed police units shall respond to at least 81 percent of Priority 1 calls within seven minutes 30 seconds and shall maintain an average response time of six minutes or less for all Priority 1 calls (measured annually). b. Priority 2 – Urgent Calls2. Properly equipped and staff police units shall respond to all Priority 2 calls within 12 minutes or less (measured annually). c. Note: For growth management purposes, response time includes dispatch and travel time to the building or site address, otherwise referred to as “received to arrive.” 4. Implementation Measures. a. Should the GMOC determine that the Priority 1 emergency calls threshold standard is not being met due to growth impacts, then the City Council can, within 60 days of the GMOC’s report, schedule and hold a public hearing to: (i) consider adopting a moratorium on the issuance of new building permits; or (ii) adopt other actions sufficient to rectify the deficiency(ies). b. Should the GMOC determine that the Priority 2 urgent calls threshold standard is not being met, it may issue a statement of concern in its annual report. B. Fire and Emergency Medical Services. 1. Goal. To maintain and improve the quality of fire protection and emergency medical services (EMS) in the City of Chula Vista. 2. Objective. Ensure that fire/EMS staff are properly equipped and trained to provide the desired level of service throughout the City. 3. Facility Master Plan. A minimum of every five years, or whenever an update is needed, the City Manager shall bring a fire and emergency medical services master plan to the City Council for their consideration. The master plan shall include provisions for facilities, equipment and deployment. 4. Threshold Standard. a. Emergency Response. Properly equipped and staffed fire and medical units shall respond to calls throughout the City within seven minutes in at least 80 percent of the cases (measured annually). b. Note: For growth management purposes, response time includes dispatch, turnout and travel time to the building or site address. 5. Implementation Measures. a. Should the GMOC determine that the threshold standard is not being met due to growth impacts, and the facility master plan milestone targets are not being met, then the City Council can, within 60 days of the GMOC’s annual report, schedule and hold a public hearing to (i) consider adopting a 2022/12/06 City Council Post Agenda Page 257 of 1285 Page 34 of 63 Attachment 1 moratorium on the issuance of building permits, or (ii) adopt other actions sufficient to rectify the deficiency(ies). b. The GMOC may issue a statement of concern in its annual report if it determines that the threshold standard: (i) is not being met, but the reason is not due to growth impacts; or (ii) is not being met due to growth impacts, but the facility master plan is meeting its milestone targets, in which case the Fire Department will address the adequacy of the facility master plan. C. Libraries. 1. Goal. To provide a high-quality, contemporary library system that meets the varied needs of the community. 2. Objective. Supplement existing libraries by providing and operating library facilities sufficient to meet the needs of City residents. 3. Facility Master Plan. A minimum of every five years, or whenever an update is needed, the City Manager shall bring a libraries master plan to City Council for their consideration. The master plan shall define the adequacy of library facilities and equipment and what constitutes adequate staffing and appropriate hours of operation, and identify library square footage needs consistent with the threshold standard at build-out. 4. Threshold Standard. The City shall not fall below the Citywide ratio of 500 gross square feet (GSF) of library space, adequately equipped and staffed, per 1,000 population. 5. Implementation Measures. a. Should the GMOC determine that the threshold standard is not being met or is expected to fail within three years (based on forecasted growth and planned improvements), then the City Council can, within 60 days of the GMOC’s report, schedule and hold a public hearing to: (i) consider adopting a moratorium on the issuance of new building permits; or (ii) adopt other actions sufficient to rectify the deficiency(ies). b. The GMOC shall be provided with an annual report that documents the appropriate staffing levels, equipment and operating hours of library facilities over the past year, current year operation, and anticipated hours of operation. Should the GMOC determine that the libraries are not adequately staffed, equipped, or are not maintaining appropriate hours of operation, it may issue a statement of concern in its annual report. D. Parks and Recreation Areas. 1. Goal. To provide a diverse and flexible park system which meets both the active and passive recreational needs of the residents of Chula Vista. 2022/12/06 City Council Post Agenda Page 258 of 1285 Page 35 of 63 Attachment 1 2. Objective. Provide public park and recreational opportunities in a timely manner, implementing a five- year master plan which describes the location, facility improvements and funding program for proposed neighborhood and community parks. 3. Threshold Standard Population Ratio. Three acres of neighborhood and community park land with appropriate facilities per 1,000 residents east of I-805. 4. Implementation Measures. a. Should the GMOC determine that the threshold standard is not being satisfied, then the City Council shall formally adopt and fund tactics to bring the park and recreation system into conformance. Construction or other actual solution shall be scheduled to commence within three years. b. If construction of needed new park and recreation facilities is not started within three years of the deficiency reported by the GMOC, then the City Council shall, within 60 days of the GMOC’s report, schedule and hold a public hearing for the purpose of adopting a moratorium on the acceptance of new tentative map applications, based on all of the following criteria: i. That the moratorium is limited to an area wherein a causal relationship to the problem has been established; and ii. That the moratorium provides mitigation measure to a specifically identified impact. c. Should a moratorium be established, the time shall be used to expeditiously prepare specific mitigation measures for adoption, which are intended to bring the condition into conformance. Any such moratorium shall be in effect until construction of the needed new park and recreation facilities has commenced. E. Sewer. 1. Goal. To provide a healthful and sanitary sewer collection and disposal system for the residents of the City of Chula Vista, consistent with the City’s wastewater master plan. 2. Objective. Individual projects will provide necessary improvements consistent with City engineering standards. Treatment capacity should be acquired in advance of demand. 3. Threshold Standards. a. Existing and projected facility sewage flows and volumes shall not exceed City engineering standards for the current system and for budgeted improvements, as set forth in the Subdivision Manual. b. The City shall annually ensure adequate contracted capacity in the San Diego Metropolitan Sewer Authority or other means sufficient to meet the projected needs of development. 2022/12/06 City Council Post Agenda Page 259 of 1285 Page 36 of 63 Attachment 1 4. Implementation Measures. a. The City Engineering Department shall annually gather and provide the following information to the GMOC: i. Amount of current capacity in the Metropolitan Sewer System now used or committed and the status of Chula Vista’s contracted share; ii. Ability of sewer facilities and Chula Vista’s share of the Metropolitan Sewer System’s capacity to absorb forecasted growth over the next five years; iii. Evaluation of funding and site availability for budgeted and projected new facilities; and iv. Other relevant information. b. Should the GMOC determine that a potential problem exists with meeting the projected needs of development with respect to sewer, it may issue a statement of concern in its annual report. F. Drainage. 1. Goal. To provide a safe and efficient storm water drainage system to protect residents and property in the City of Chula Vista. 2. Objective. Individual projects will provide necessary improvements consistent with current City engineering standards and local, state and federal regulations. 3. Threshold Standards. a. Storm water flows and volumes shall not exceed City engineering standards and shall comply with current local, state and federal regulations, as may be amended from time to time. b. The GMOC shall annually review the performance of the City’s storm drain system, with respect to the impacts of new development, to determine its ability to meet the goal and objective for drainage. 4. Implementation Measures. a. Should the GMOC determine that the threshold standards are not being met, with respect to new development, then the City Manager should present to the City Council, for their consideration, a plan of action that includes timing benchmarks and a finance plan that will bring the storm drain system into conformance. Construction or other actual solution shall be scheduled to commence within three years. b. Should the GMOC determine that the threshold standard is not being met, with respect to existing development, it may issue a statement of concern in its annual report. 2022/12/06 City Council Post Agenda Page 260 of 1285 Page 37 of 63 Attachment 1 G. Traffic. 1. Goals. a. To provide and maintain a safe and efficient street system for all modes of transportation within the City of Chula Vista. b. To accurately determine existing and projected levels of service (LOS) for motorists, using the Highway Capacity Manual (HCM) performance measurement methodology. c. To recognize the unique nature of urbanizing neighborhoods as destinations, and to establish a commensurate street classification and LOS threshold that encourages alternative modes of transportation, such as public transit, biking and walking. d. To maintain a level of service value that represents an acceptable level of traffic flow under constrained operating conditions during peak periods of traffic activity. 2. Objectives. a. Ensure timely provision of adequate local, multi-modal circulation system capacity in response to planned growth, and maintain acceptable levels of service. b. Plan, design and construct new roadway segments and signalized intersections to maintain acceptable LOS standards at build-out of the General Plan’s Land Use and Transportation Element. c. Plan, design and construct bicycle and pedestrian infrastructure improvements pursuant to the most current bikeway master plan and pedestrian master plan. 3. Threshold Standards. a. Arterial Level of Service (ALOS) for Nonurban Streets. Those traffic monitoring program (TMP) roadway segments classified as other than urban streets in the Land Use and Transportation Element of the City’s General Plan shall maintain LOS “C” or better as measured by observed average travel speed on those segments, except that during peak hours LOS “D” can occur for no more than two hours of the day. b. Urban Street Level of Service (ULOS). Those TMP roadway segments classified as urban streets in the Land Use and Transportation Element of the City’s General Plan shall maintain LOS “D” or better, as measured by observed or predicted average travel speed, except that during peak hours LOS “E” can occur for no more than two hours per day. 4. Notes to Standards. a. Arterial Segment. LOS measurements shall be for the average weekday peak hours, excluding seasonal and special circumstance variations. 2022/12/06 City Council Post Agenda Page 261 of 1285 Page 38 of 63 Attachment 1 b. The LOS measurement of arterial segments at freeway ramps shall be a growth management consideration in situations where proposed developments have a significant impact at interchanges. c. Circulation improvements should be implemented prior to anticipated deterioration of LOS below established standards. d. The criteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the procedures detailed in the most recent Highway Capacity Manual (HCM) and shall be confirmed by the City’s Traffic Engineer. e. Level of service values for arterial segments shall be based on the HCM. 5. Implementation Measures. a. Should the GMOC determine that the threshold standards are not being met, due to growth impacts, then the City Council can, within 60 days of the GMOC’s report, schedule and hold a public hearing to consider adopting: (i) a moratorium on the acceptance of new building permits, or (ii) other actions sufficient to rectify the deficiency(ies). b. The GMOC may issue a statement of concern in its annual report if it determines that the threshold standard will likely not be met within three years, due to growth impacts. c. The Department of Public Works shall annually report on progress made in implementing construction of facilities listed in the bikeway master plan, pedestrian master plan, the transportation development impact fee program (TDIF), and the Western TDIF. 6. Monitoring Methodology. a. Identify all traffic monitoring program (TMP) corridors and classify according to the latest Highway Capacity Manual (HCM) methodology. Typically, a TMP roadway is four lanes with a volume of 16,500 trips and at least one and one-half miles in length. If the average daily trip (ADT)- based level of service is “C” or worse on a street segment located within a City TMP corridor, then the City shall consider conducting a TMP measurement. ADT volume data shall not be older than two years. b. A TMP measurement shall consist of a two-hour a.m. peak period measurement, a two-hour midday period measurement, and a two-hour p.m. peak period measurement. c. TMP measurement shall be conducted by following the current protocol in the latest adopted HCM. d. Any speed collection and volume data methodology that utilizes the latest technology consistent with HCM protocol can be used in obtaining arterial LOS, subject to approval by the City’s Traffic Engineer. 2022/12/06 City Council Post Agenda Page 262 of 1285 Page 39 of 63 Attachment 1 H. Fiscal. 1. Goal. To implement land uses and activities that generate an adequate tax and revenue base that meets the economic needs of the residents of the City of Chula Vista, with new project development providing self-financing of capital projects. 2. Objectives. a. Monitor the impacts of growth on the City of Chula Vista’s fiscal well-being, considering both operating and capital improvement costs and revenues. b. Monitor and update the effectiveness of the development impact fee programs, considering the appropriate and timely use of such funds. c. Monitor and update the effectiveness of various public facility master plans to ensure adequate funding will be available to meet the demands of growth. 3. Threshold Standards. a. Fiscal impact analyses and public facilities financing plans, at the time they are adopted, shall ensure that new development generates sufficient revenue to offset the cost of providing municipal services and facilities to that development. b. The City shall establish and maintain, at sufficient levels to ensure the timely delivery of infrastructure and services needed to support growth, consistent with the threshold standards, a development impact fee, capital improvement funding, and other necessary funding programs or mechanisms. 4. Implementation Measures. a. Use fiscal impact analyses (FIA) and public facility financing plans (PFFPs) to evaluate and ensure that new development requiring the preparation of an SPA plan, or equivalent, pursuant to Chapter 19.48 CVMC, contribute to the City’s fiscal well-being by generating revenues and related economic activity that, at a minimum, offset the cost of providing municipal services for the new development. b. The GMOC shall be provided with an annual fiscal impact report that provides an evaluation of the impacts of growth on the City in terms of operations and capital improvements. This report should evaluate actual growth over the previous 12-month period, as well as projected growth over the next five-year period. c. The GMOC shall be provided with an annual development impact fee report, which provides an analysis of development impact fees collected and expended over the previous 12-month period and projected for expenditure for projects included within the DIF programs. 2022/12/06 City Council Post Agenda Page 263 of 1285 Page 40 of 63 Attachment 1 19.09.050 Threshold standards for external facilities and services. A. Air Quality and Climate Protection. 1. Goal. To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista. 2. Objectives. a. In an effort to address the impacts of transportation and building-related energy use at both the regional and local level, the City shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the current adopted Regional Air Quality Strategy (RAQS), California’s Global Warming Solutions Act of 2006 (AB32), and the Chula Vista climate protection program. b. In an effort to maintain and improve ambient air quality, the City shall endeavor to locally mitigate any new stationary source development project’s criteria air pollutant emissions that exceed local air quality standards. 3. Threshold Standard. The City shall pursue a greenhouse gas emissions reduction target consistent with appropriate City climate change and energy efficiency regulations in effect at the time of project application for SPA plans or for the following, subject to the discretion of the Development Services Director: a. Residential projects of 50 or more residential dwelling units; b. Commercial projects of 12 or more acres (or equivalent square footage); c. Industrial projects of 24 or more acres (or equivalent square footage); or d. Mixed use projects of 50 equivalent dwelling units or greater. 4. Implementation Measures. a. In order to determine compliance with the air quality and climate protection threshold standard, City staff shall provide the GMOC with an annual report that evaluates the City’s progress toward adherence with relevant federal, state, regional, and local air quality improvement strategies, regulations, and programs. The report shall include the following: i. An overview and evaluation of local development projects approved during the prior year identifying compliance levels and progress towards meeting the air quality and climate protection threshold standard. ii. An assessment of whether the greenhouse gas emissions reduction levels should be revised based on updated state and federal standards, as applicable. 2022/12/06 City Council Post Agenda Page 264 of 1285 Page 41 of 63 Attachment 1 iii. Additional information on non-development activities being undertaken by the City that contribute to meeting or furthering the air quality and climate protection threshold standard, including the City’s most recent greenhouse gas emissions inventory. b. After the City prepares an annual evaluation report, it shall provide a copy of the report to the Air Pollution Control District (APCD) for its response. The APCD should provide the City with a report on overall regional and local air quality conditions, the status of regional air quality improvement implementation efforts under the Regional Air Quality Strategy and related federal and state programs, and the effect of those efforts/programs on the City of Chula Vista and local planning and development activities. c. Should the GMOC determine that a deficiency exists with respect to any of the above air quality and climate protection implementation measures, either locally, regionally or both, it may issue a statement of concern in its annual report. B. Schools. 1. Goal. To ensure that the Chula Vista Elementary School District (CVESD) and Sweetwater Union High School District (SUHSD) have the necessary school sites, infrastructure and funding mechanisms to meet the needs of students in new development areas in a timely manner. 2. Objective. Provide school district personnel with current development forecasts so that they may plan and implement school building and/or allocation programs in a timely manner. 3. Facility Master Plan. The GMOC will request updates of the school districts’ facility master plans or equivalent documents that define the schools’ essential facility needs necessary to provide adequate physical accommodation. 4. Threshold Standard. The City shall annually provide the Chula Vista Elementary School District (CVESD) and the Sweetwater Union High School District (SUHSD) with the City’s annual five-year residential growth forecast and request an evaluation of their ability to accommodate forecasted growth, both Citywide and by subarea. Replies from the school districts should address the following: a. Amount of current classroom and “essential facility” (as defined in the facility master plan) capacity now used or committed; b. Ability to absorb forecasted growth in affected facilities and identification of what facilities need to be upgraded or added over the next five years; c. Evaluation of funding and site availability for projected new facilities identified; and d. Other relevant information the school district(s) desire(s) to communicate to the City and the Growth Management Oversight Commission (GMOC). 2022/12/06 City Council Post Agenda Page 265 of 1285 Page 42 of 63 Attachment 1 5. Implementation Measure. Should the GMOC determine that a capacity problem exists with respect to physically accommodating students, either currently or within the next five years, it may issue a statement of concern in its annual report. The annual report shall be provided to both school districts, with follow- up, to assure appropriate response. C. Water. 1. Goal. To ensure that adequate supplies of potable and recycled water are available to the City of Chula Vista. 2. Objectives. a. Ensure that adequate storage, treatment and transmission facilities are constructed concurrently with planned growth. b. Ensure that water quality standards requirements are met during growth and construction. c. Encourage diversification of water supply, conservation and use of recycled water where appropriate and feasible. 3. Threshold Standards. a. Adequate water supply must be available to serve new development. Therefore, developers shall provide the City with a service availability letter from the appropriate water district for each project. b. The City shall annually provide the San Diego County Water Authority, the Sweetwater Authority and the Otay Municipal Water District with the City’s annual five-year residential growth forecast and request that they provide an evaluation of their ability to accommodate forecasted growth. Replies should address the following: i. Water availability to the City, considering both short- and long-term perspectives. ii. Identify current and projected demand, and the amount of current capacity, including storage capacity, now used or committed. iii. Ability of current and projected facilities to absorb forecasted growth. iv. Evaluation of funding and site availability for projected new facilities. v. Other relevant information the district(s) desire to communicate to the City and the Growth Management Oversight Commission (GMOC). 4. Implementation Measure. Should the GMOC determine that a current or potential problem exists with respect to water, it may issue a statement of concern in its annual report. 2022/12/06 City Council Post Agenda Page 266 of 1285 Page 43 of 63 Attachment 1 19.09.060 Amendments and supplemental threshold standards. These standards may be amended from time to time on approval by the City Council. 19.09.070 Moratorium on building permits allowed. A. Imposing Temporary Limits on Building Permits. The City Council may, by ordinance, impose a limit on building permits for construction of residential and/or nonresidential development after making specific findings as to the health, safety and welfare concerns of continued development, as set forth in subsection (B) of this section. B. Findings Required. Prior to adopting an ordinance imposing a limit on building permits, the City Council shall consider making one or more of the following findings: 1. That continued development will make it unlikely for the intent of the growth management program to be achieved, as expressed by the Growth Management Element of the General Plan and this chapter. 2. That continued development will cause deterioration of the City’s quality of life, and compromise the health, safety and welfare in the City of Chula Vista. 3. That continued development will strain the City’s fiscal resources and ability to deliver high quality services to all its residents. C. Procedures for Implementing Limits on Building Permits. If the City Council makes the necessary required findings to impose a limit on building permits, then it shall adopt an ordinance that specifies: 1. Area where the moratorium applies; 2. Duration of the moratorium (when it begins and ends); 3. Any exemptions or exceptions or conditions. These shall be consistent with the overall objectives of the City action and broader land use policy. Exemptions could include “affordable” housing units (units sold or rented at below market rates to meet the City’s Housing Element requirements). Exceptions might include units that have been allocated as part of a separate agreement (e.g., a development agreement); 4. Any conditions that would allow the moratorium to be lifted prematurely; and 5. How the building permits shall be allocated. 2022/12/06 City Council Post Agenda Page 267 of 1285 Page 44 of 63 Attachment 1 19.09.080 Requirement for public facilities finance plans (PFFP), air quality improvement plans, and water conservation plans. A. Public Facilities Financing Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tentative map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the City; or 2. A PFFP, that includes the project, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the City Council upon a showing that there are no public facilities, infrastructure and service needs warranting the preparation of a PFFP. B. Air Quality Improvement Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tentative map, shall be deemed complete or accepted for review unless: 1. It is accompanied by an air quality improvement plan that has been approved by the City; or 2. An air quality improvement plan, that includes the project, has already been initiated; or 3. The applicant initiates the preparation of an air quality improvement plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the City Development Services Director shall require. The required contents of an air quality improvement plan are outlined in Appendix A of the City’s Growth Management Implementation Manual, as may be amended from time to time. C. Water Conservation Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tentative map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a water conservation plan that has been approved by the City; or 2. A water conservation plan, that includes the project, has already been initiated; or 3. The applicant initiates the preparation of a water conservation plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the City Development Services Director shall require. The required contents of a water conservation plan are outlined in Appendix B of the City’s Growth Management Implementation Manual, as may be amended from time to time. D. No SPA plan, nor any tentative map, shall be approved, or deemed approved, without an approved PFFP, an approved air quality improvement plan and an approved water conservation plan. To provide consistency and implementation of said plans, the City Council may impose any condition to the approval of an SPA plan 2022/12/06 City Council Post Agenda Page 268 of 1285 Page 45 of 63 Attachment 1 or tentative map necessary to implement the PFFP, the air quality improvement plan, the water conservation plan, the growth management program, or the facility master plans. E. No final map shall be approved until all the conditions of the PFFP, the air quality improvement plan and the water conservation plan have been met, or the project applicant has provided adequate security to the City that said plans will be implemented. F. No other discretionary planning approvals shall be granted unless the City Council finds that the project is consistent with an approved PFFP, an air quality improvement plan, and a water conservation plan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the air quality improvement plan and the water conservation plan and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the City Council, have first been paid or provision for their payment has been made to the satisfaction of the City Council. H. No development shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of development unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such facilities or improvements in advance of the City’s phasing schedule. 19.09.090 Public facilities finance plan (PFFP) contents. The required contents of a public facilities finance plan (PFFP), including a fiscal impact analysis, are outlined in Appendix C of the City’s Growth Management Program Implementation Manual, as may be amended from time to time. The fiscal analysis/economic impact report shall be provided for each proposed project and the project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. 19.09.100 Public facilities finance plan (PFFP) preparation. A. A PFFP, an air quality improvement plan, and a water conservation plan may be processed concurrently with the SPA plan or tentative map. B. A PFFP may be initiated by filing an application with the Development Services Director. The applicant shall pay a deposit at the time any application for a PFFP is accepted. C. A PFFP for a project shall be prepared by the City, or a consultant selected by the City, according to the procedures established by this chapter. D. The cost of PFFP preparation shall be advanced to the City by the applicant and any participating owner or owners prior to PFFP preparation. 2022/12/06 City Council Post Agenda Page 269 of 1285 Page 46 of 63 Attachment 1 19.09.110 Public facilities finance plan (PFFP) review. PFFPs shall be reviewed according to the following procedure: A. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by City Council resolution, may be submitted to the Development Services Director for processing. If the Development Services Director determines that the plan complies with the provisions of this chapter, the Director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the Planning Commission together with the accompanying development plan. B. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the Planning Commission prior to the hearing. C. The Planning Commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the City Council. The action of the Commission shall be filed with the City Clerk, and a copy shall be mailed to the applicant. D. When the Planning Commission action is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed according to the provisions of CVMC 19.12.070. E. The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may approve, conditionally approve, or deny the plans. The City Council may include in the resolution adopting the PFFP any fees or facilities improvement requirements provided for in City ordinances in order to implement the growth management program, the facility master plans and the PFFP. F. A PFFP may be amended following the same procedures for the original adoption. 19.09.120 Public facilities finance plan (PFFP) implementation. A. The Development Services Director shall ensure that PFFPs are prepared for all SPA plans and tentative maps or equivalent projects pursuant to Chapter 19.48 CVMC. B. In the event that the Development Services Director or his designee finds that the project is not in substantial compliance with the PFFP as modified or amended, the developer may be deemed to be in default and continued issuance of building or development permits may be affected. 19.09.130 Public facilities finance plan (PFFP) amendment. A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation or any particular development proposal. 2022/12/06 City Council Post Agenda Page 270 of 1285 Page 47 of 63 Attachment 1 B. If the Development Services Director, pursuant to CVMC 19.09.110, determines that facilities or improvements within a PFFP are inadequate to accommodate any further development within that area, then development shall cease or be metered until a remedy is implemented. If the Development Services Director determines that such events or changed circumstances adversely affect the health, safety or welfare of the City, the City may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the City requires such change, the City shall (1) give notice to applicant or owner of (a) the City’s intended action to change the PFFP, and (b) the reasons and factual basis for the City’s determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a City Council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the City shall find that (1) the circumstances were unknown or that the circumstances have changed; and (2) the health, safety or welfare of the community requires the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the development of the property. If, after notice and hearing, the Council determines that a deficiency exists, then no further building or development permits shall be issued within the affected area and development shall cease until an amendment to the applicable PFFP mitigating the deficiency is approved by the City Council. C. The City Council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate facilities and improvements and subsequent permits will be conditioned on conformance. 19.09.140 Exceptions and exclusions. A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the City and a developer. B. Exclusions. Development projects which consist of facilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the City has authority to regulate such development projects, such projects shall not be exempt. For example, any private development occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. 19.09.150 Extensions of prior approvals. After approval of an applicable PFFP for a development project, an extension of the expiration date of a tentative map may only be granted if the project is in conformance with the PFFP and the growth management program. The extension may be conditioned on such matters as the City deems appropriate or necessary to make the tentative map conform to the PFFP and the growth management program, including, but not limited 2022/12/06 City Council Post Agenda Page 271 of 1285 Page 48 of 63 Attachment 1 to, requiring the developer to submit any information, studies, plans and diagrams to show compliance with the applicable PFFP. 19.09.160 Obligation to pay fees or install facilities required by any other law. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees, which requirement is imposed pursuant to this title or pursuant to any City Council policy. 19.09.170 Implementing procedures. The City Council may adopt any procedures it deems necessary to implement this chapter, including procedures for administering the growth management program or facility master plans. 19.09.180 Council actions, fees, notice. A. Whenever this chapter requires or permits an action or decision of the City Council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate. B. The City Council shall establish application and processing fees for the submission and processing of public facilities financing plans (PFFPs). C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. 19.09.190 Severability. If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any part thereof be declared invalid or unconstitutional. 19.09.200 Facility master plans. The City shall maintain a series of facility master plans, as may be amended from time to time, for infrastructure and services throughout the City that regard the threshold standards in this chapter, including, but not limited to, police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existing 2022/12/06 City Council Post Agenda Page 272 of 1285 Page 49 of 63 Attachment 1 facilities, existing and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financing plans to accomplish identified improvements. 19.14.020 Zoning Administrator – Creation of position – Authority. A. In order to relieve the Planning Commission or Successor Agency to the Redevelopment Agency, the Historic Preservation Commission or Chula Vista Redevelopment Corporation, within designated redevelopment project areas, of certain routine functions necessary to the proper administration of this chapter, a Zoning Administrator is created. B. Authority. The Director of Development Services Director or designee may serve as a Zoning Administrator. The Zoning Administrator shall have the authority to consider applications, preside at hearings, and make impartial decisions on permits, maps, or other matters based on the application, written materials prepared prior to the hearing, and information received at the hearing. 19.56.310 HP historic preservation modifying district – Application. A. The HP modifying district may be applied only to properties within those areas designated as historic preservation districts and shall meet the provisions of CVMC 21.06.070. An HP modifier shall apply to all properties within an HPD. B. An HP modifying district may be applied for concurrently with an application for a historic preservation district, or may be applied for subsequent to the formation of an HPD. C. All applications shall be reviewed by the Historic Preservation Commission and the Planning Commission with recommendations forwarded to City Council in accordance with the findings of fact found in CVMC 21.06.110. CHAPTER 19.92 PUBLIC FACILITIES FINANCING PLANS (PFFPS), AIR QUALITY IMPROVEMENT PLANS, AND WATER CONSERVATION PLANS. 19.92.010 Purpose/Intent. The purpose and intent of this chapter is to establish compliance mechanisms and standards to ensure public fFacilities, infrastructure and services will exist, or concurrently be provided, to meet the demands of infrastructure and climate protection generated by new Ddevelopment. 2022/12/06 City Council Post Agenda Page 273 of 1285 Page 50 of 63 Attachment 1 19.09.02019.92.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this sectionSection unless from the context it is apparent that another meaning is intended: A. “Air qQuality iImprovement pPlan” (AQIP) means a project-specific aAir qQuality iImprovement pPlan prepared and approved in accordance with CVMC 19.92.030 19.09.080 and Appendix A of the Growth Management Program Implementation Manual. B. “Available facility and service capacity” shall be determined by the Development Services Director, using generally accepted planning standards and criteria, including the threshold standards set forth in this chapter. Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility service the demand of existing development plus the demand that will be created by approved development. C. “Developed areas of the City” means those areas of a predominantly urban character where development has already occurred and public facilities, infrastructure and services serving that development are in place. D. “Development” means any land use, building or other alteration of land and construction incident thereto. E. “Director of Development Services Director” or “Director” means the Director of the City’s Development Services Department or their designee. F. “Discretionary pPlanning aApproval” means any permit, entitlement or approval issued under the authority of the zoning and subdivision titles of the Chula Vista Municipal Code (CVMC), and any legislative actions such as zZone cChanges, General Plan aAmendments, sSectional pPlanning aArea (SPA) pPlans or gGeneral dDevelopment pPlan approvals or amendments. G. “External public facilities and services” means the threshold standard topics that pertain to facilities and services provided from outside the City, such as schools, water and air quality. H. “Facilities” means any schools, public safety facilities, infrastructure, civic buildings, corporation yards, park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a pPublic fFacilities fFinancinge pPlan. I. “Facility mMaster pPlan” means any adopted master plan for future facility needs for services associated with the growth management program’s threshold standards, including, but not limited to: sewer, drainage, water, transportation, police, fire and emergency services, libraries, and parks. 2022/12/06 City Council Post Agenda Page 274 of 1285 Page 51 of 63 Attachment 1 J. “Facility and service capacity” means the maximum amount of development which could take place prior to increasing the number or size of a facility or the level of service as determined by applying the appropriate threshold standard. K. “Growth Management Program Implementation Manual” means a plan prepared and approved according to CVMC 19.09.030, which establishes compliance with the threshold standards, as provided in CVMC 19.09.040 and 19.09.050. L. “Moratorium” means building permits will not be issued for an area that has been identified as having a direct causal relationship to a specified threshold standard failure. City Council must make specific findings and follow specific procedures as provided in CVMC 19.09.070. M. “Project” means the activity for which either an application for a sSectional pPlanning aArea (SPA) pPlan, a tTentative mMap (TM), a cConditional uUse pPermit (CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the City. N. “Public fFacilities fFinancinge pPlan (PFFP)” means a Pproject-specific pPublic fFacilities finance Financing pPlan prepared and approved in accordance with CVMC 19.92.030 through 19.92.12019.09.080 through 19.09.130 and Appendix C of the Growth Management Program Implementation Manual. O. “SPA pPlan” means a sSectional pPlanning aArea pPlan, as prescribed in CVMC Chapter 19.48 CVMC. P. “Statement of concern” means an implementation measure the Growth Management Oversight Commission (GMOC) may issue in its annual report: (1) for an external public facilities and services threshold standard, to highlight what action the City can take in order to solve a specified issue and encourage further or additional inter-agency cooperation/coordination. There may also be a recommendation for the issuance of correspondence or a resolution by the City Council to the external agency, if the situation so warrants, as determined by the GMOC; or (2) for a threshold standard that is currently failing or forecasted to fail, and may include elements dealing with City management and organization, budget priorities, and responsiveness to previous GMOC requests; or (3) in response to an overall or general quality of life consideration, irrespective to whether a particular threshold standard has been exceeded, or if it is a non-growth-related issue. It can offer a finding or make recommendations regarding City management, organization and budget priorities. Q. “Substantial cCompliance” means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. R. “Threshold sStandards” means those certain standards identified in CVMC 19.09.040 and 19.09.050Sections specifying the Ffacilities and services required to support the present and future needs of the City. S. “Transportation monitoring program (TMP)” means the technical analysis of traffic operation on all urban and suburban arterials with average weekday traffic volumes greater than 20,000 vehicles per day. The TMP shall be based on the current Highway Capacity Manual, as may be amended from time to time. The technical 2022/12/06 City Council Post Agenda Page 275 of 1285 Page 52 of 63 Attachment 1 analysis shall be conducted annually or as directed by the City Council in order to monitor actual traffic operations and to predict future traffic levels and related deterioration in the level of service. T. “Water cConservation pPlan” means a Pproject-specific wWater cConservation pPlan prepared and approved in accordance with CVMC Section 19.92.030.19.09.080 and Appendix B of the Growth Management Program Implementation Manual. The purpose and intent of this chapter is to establish a supplemental compliance mechanism to ensure public facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands generated by new development. 19.09.08019.92.030 Requirements for pPublic fFacilities fFinancinge pPlans (PFFP), aAir qQuality iImprovement pPlans, and wWater cConservation pPlans. A. Public Facilities Financing Plans. No application for an SPAa SPA pPlan, or, if an SPAa SPA pPlan is not required, no application for a tTentative mMap, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the City; or 2. A PFFP, that includes the Pproject, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the City Council upon a showing that there are no public facilities, infrastructure and service needs warranting the preparation of a PFFP. B. Air Quality Improvement Plans. No application for an SPAa SPA pPlan, or, if an SPAa SPA pPlan is not required, no application for a tTentative mMap, shall be deemed complete or accepted for review unless: 1. It is accompanied by an aAir qQuality iImprovement pPlan that has been approved by the City; or 2. An aAir Qquality iImprovement pPlan, that includes the Pproject, has already been initiated; or 3. The applicant initiates the preparation of an aAir qQuality iImprovement pPlan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the City Director of Development Services Director shall require. The required contents of an air quality improvement plan are outlined in Appendix A of the City’s Growth Management Implementation Manual, as may be amended from time to time. C. Water Conservation Plans. No application for an SPAa SPA pPlan, or, if an SPAa SPA pPlan is not required, no application for a tTentative mMap, shall be deemed complete or accepted for review unless: 1. It is accompanied by a wWater cConservation pPlan that has been approved by the City; or 2022/12/06 City Council Post Agenda Page 276 of 1285 Page 53 of 63 Attachment 1 2. A wWater cConservation pPlan, that includes the Pproject, has already been initiated; or 3. The applicant initiates the preparation of a wWater cConservation pPlan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the City Director of Development Services Director shall require. The required contents of a water conservation plan are outlined in Appendix B of the City’s Growth Management Implementation Manual, as may be amended from time to time. D. No SPA pPlan, nor any tTentative mMap, shall be approved, or deemed approved, without an approved PFFP, an approved aAir qquality iImprovement pPlan and an approved wWater cConservation pPlan. To provide consistency and implementation of said plans, the City Council may impose any condition to the approval of an SPAa SPA pPlan or tTentative mMap necessary to implement the PFFP, the aAir qQuality iImprovement pPlan, the wWater cConservation pPlan, the growth management program, or the fFacility mMaster pPlans. E. No fFinal mMap shall be approved until all the conditions of the PFFP, the aAir qQuality iImprovement pPlan, the Facility Master Plans, and the wWater cConservation pPlan have been met, or the Pproject applicant has provided adequate security to the City that said plans will be implemented. F. No other discretionary planning approvals shall be granted unless the City Council finds that the Pproject is consistent with an approved PFFP, an aAir qQuality iImprovement pPlan, the Facility Master Plans, and a wWater cConservation pPlan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the aAir qQuality iImprovement pPlan and the wWater cConservation pPlan and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the City Council, have first been paid or provision for their payment has been made to the satisfaction of the City Council. H. No Ddevelopment shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of Ddevelopment unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such Ffacilities or improvements in advance of the City’s phasing schedule. 19.09.05019.92.040 Threshold sStandards for eExternal fFacilities and sServices. The thresholds within this Section shall be considered when preparing PFFPs, AQIPs, and Water Conservation Plans. A. Air Quality and Climate Protection. 2022/12/06 City Council Post Agenda Page 277 of 1285 Page 54 of 63 Attachment 1 1. Goal. To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista. 2. Objectives. a. In an effort to address the impacts of transportation and building-related energy use at both the regional and local level, the City shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the current adopted Regional Air Quality Strategy (RAQS), California’s Global Warming Solutions Act of 2006 (AB32), and the Chula Vista climate protection program. b. In an effort to maintain and improve ambient air quality, the City shall endeavor to locally mitigate any new stationary source development project’s criteria air pollutant emissions that exceed local air quality standards. 3. Threshold Standard. The City shall pursue a greenhouse gas emissions reduction target consistent with appropriate City climate change and energy efficiency regulations in effect at the time of Pproject application for SPA pPlans or for the following, subject to the discretion of the Director of Development Services Director: a. Residential projects of 50 or more residential dwelling units; b. Commercial projects of 12 or more acres (or equivalent square footage); c. Industrial projects of 24 or more acres (or equivalent square footage); or d. Mixed use projects of 50 equivalent dwelling units or greater. CB. Water. 1. Goal. To ensure that adequate supplies of potable and recycled water are available to the City of Chula Vista. 2. Objectives. a. Ensure that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth. b. Ensure that water quality standards requirements are met during growth and construction. c. Encourage diversification of water supply, conservation and use of recycled water where appropriate and feasible. 3. Threshold Standards. 2022/12/06 City Council Post Agenda Page 278 of 1285 Page 55 of 63 Attachment 1 a. Adequate water supply must be available to serve new Ddevelopment. Therefore, developers shall provide the City with a service availability letter from the appropriate water district for each Pproject. 19.09.09019.92.050 Public fFacilities finance Financing pPlan (PFFP) cContents. The required contents of a Ppublic Ffacilities Ffinance Pplan (PFFP), including a fiscal impact analysis, drawings, diagrams, etc., shall be prescribed by the Director of Development Services are outlined in Appendix C of the City’s Growth Management Program Implementation Manual, as may be amended from time to time. The fiscal analysis/economic impact report shall be provided for each proposed Pproject and the Pproject shall be conditioned to provide funding for periods where expenditures exceed projected revenues. 19.09.10019.92.060 Public fFacilities finance Financing pPlan (PFFP) pPreparation. A. A PFFP, an aAir qQuality iImprovement pPlan, and a wWater cConservation pPlan may be processed concurrently with the SPA pPlan or tTentative mMap. B. A PFFP may be initiated by filing an application with the Director of Development Services Director. The applicant shall pay a deposit at the time any application for a PFFP is accepted. C. A PFFP for a Pproject shall be prepared by the City, or a consultant selected by the City, according to the procedures established by this chapter. D. The cost of PFFP preparation shall be advanced to the City by the applicant and any participating owner or owners prior to PFFP preparation. 19.09.11019.92.070 Public Ffacilities finance Financing pPlan (PFFP) rReview. PFFPs shall be reviewed according to the following procedure: A. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by City Council resolution, may be submitted to the Director of Development Services Director for processing. If the Director of Development Services Director determines that the plan complies with the provisions of this chapter, the Director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the Planning Commission together with the accompanying development plan. B. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the Planning Commission prior to the hearing. 2022/12/06 City Council Post Agenda Page 279 of 1285 Page 56 of 63 Attachment 1 C. The Planning Commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the City Council. The action of the Commission shall be filed with the City Clerk, and a copy shall be mailed to the applicant. D. When the Planning Commission action is filed with the City Clerk, the Clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed according to the provisions of CVMC 19.12.070. E. The City Council shall hear the matter, and after considering the findings and recommendations of the Planning Commission, may approve, conditionally approve, or deny the plans. The City Council may include in the resolution adopting the PFFP any fees or Ffacilities improvement requirements provided for in City ordinances in order to implement the growth management program, the fFacility mMaster pPlans and the PFFP. F. A PFFP may be amended following the same procedures for the original adoption. 19.09.12019.92.080 Public fFacilities finance Financing pPlan (PFFP) iImplementation. A. The Director of Development Services Director shall ensure that PFFPs are prepared for all SPA pPlans and tTentative mMaps or equivalent Pprojects pursuant to CVMC Chapter 19.48 CVMC. B. In the event that the Director of Development Services Director or histheir designee finds that the Pproject is not in sSubstantial cCompliance with the PFFP as modified or amended, the developer may be deemed to be in default and continued issuance of building or development permits may be affected. 19.09.13019.92.090 Public fFacilities fFinance pPlan (PFFP) aAmendment. A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation or any particular development proposal. B. If the Development Services Director, pursuant to CVMC 19.09.110, determines that facilities or improvements within a PFFP are inadequate to accommodate any further development within that area, then development shall cease or be metered until a remedy is implemented. If the Director of Development Services Director determines that such events or changed circumstances adversely affect the health, safety or welfare of the City, the City may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the City requires such change, the City shall (1) give notice to applicant or owner of (a) the City’s intended action to change the PFFP, and (b) the reasons and factual basis for the City’s determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a City Council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the City shall find that (1) the circumstances were unknown or that the circumstances have changed; and (2) the health, safety or welfare of the community requires the change of the PFFP. This 2022/12/06 City Council Post Agenda Page 280 of 1285 Page 57 of 63 Attachment 1 provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the Ddevelopment of the property. If, after notice and hearing, the Council determines that a deficiency exists, then no further building or development permits shall be issued within the affected area and Ddevelopment shall cease until an amendment to the applicable PFFP mitigating the deficiency is approved by the City Council. C. The City Council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate Ffacilities and improvements and subsequent permits will be conditioned on conformance. 19.09.14019.92.100 Exceptions and eExclusions. A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the City and a developer. B. Exclusions. Development projects which consist of Ffacilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the City has authority to regulate such development projects, such projects shall not be exempt. For example, any private Ddevelopment occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. 19.09.15019.92.110 Extensions of pPrior aApprovals. After approval of an applicable PFFP for a development project, an extension of the expiration date of a tTentative mMap may only be granted if the project is in conformance with the PFFP and the growth management program. The extension may be conditioned on such matters as the City deems appropriate or necessary to make the tTentative mMap conform to the PFFP and the growth management program, including, but not limited to, requiring the developer to submit any information, studies, plans and diagrams to show compliance with the applicable PFFP. 19.09.16019.92.120 Obligation to pPay fFees or iInstall fFacilities rRequired by aAny oOther lLaw. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees, which requirement is imposed pursuant to this title or pursuant to any City Council policy. 2022/12/06 City Council Post Agenda Page 281 of 1285 Page 58 of 63 Attachment 1 19.09.17019.92.130 Implementing pProcedures. The City Council may adopt any procedures it deems necessary to implement this chapter, including procedures for administering the growth management program Tthreshold Sstandards or fFacility mMaster pPlans. 19.09.18019.92.140 Council aActions, fFees, nNotice. A. Whenever this chapter requires or permits an action or decision of the City Council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate. B. The City Council shall establish application and processing fees for the submission and processing of public facilities financing plans (PFFPs). C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. 19.09.20019.92.150 Facility mMaster pPlans. The City shall maintain a series of fFacility mMaster pPlans, as may be amended from time to time, for infrastructure and services throughout the City that regard the Tthreshold Sstandards in this chapter, including, but not limited to, police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existing Ffacilities, existing and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financing plans to accomplish identified improvements. [TITLE 21: HISTORIC PRESERVATION] 21.02.030 Historic preservation authority. There is created a Historic Preservation Commission (HPC) pursuant to Chapter 2.49 CVMC. The HPCPlanning Commission governs processes and activities presented in this title as further defined in Chapter 2.49 CVMC. The discretionary project review responsibility of the Planning Commission HPC shall include the review of major alterations, historical resource demolition applications, historic determinations and appeals, and consistency of said projects with the City’s HPP, applicable historic district guidelines, and this title. 2022/12/06 City Council Post Agenda Page 282 of 1285 Page 59 of 63 Attachment 1 21.03.026 Commission. “Commission” means the City of Chula Vista Historic Preservation Planning Commission (HPC). 21.03.135 Zoning Administrator (ZA). CVMC 19.14.020 creates a Zoning Administrator, who shall be the Director of Development Services or his authorized designee. The Zoning Administrator may relieve the Historic Preservation Planning Commission of certain routine functions. 21.04.030 Chula Vista register of historical resources. Buildings, structures, objects, sites, signs, landscapes, archaeological sites, historic preservation districts, or contributing resources determined historically or architecturally significant and designated by the City of Chula Vista Historic Preservation Planning Commission (formerly the Historic Preservation Commission) shall be compiled on a comprehensive list officially known as the City of Chula Vista register of historical resources and herein shall commonly be referred to as the “local register.” (Also see the City’s HPP Appendix – Local Register of Historical Resources.) 21.04.040 Historical resources to be included in the local register. The following resources shall be included in the local register: A. Those properties previously designated prior to the effective date of the ordinance codified in this title; B. Those properties designated by the Planning ComissionHPC or Council; C. Any Chula Vista resource listed as a National Historic Landmark; D. Any Chula Vista resource listed on the National Register of Historic Places; E. Any Chula Vista resource listed on the California Register of Historical Resources by the California State Historical Resources Commission. 21.04.060 Designation – Authority. Upon a recommendation of the Zoning Administrator, the Historic Preservation Planning Commission shall have authority to approve or deny applications for historical designation, excluding designation of exceptional historical resources and publicly owned historical resources which shall require Council approval. All resources that are approved for designation shall be listed on the local register. 2022/12/06 City Council Post Agenda Page 283 of 1285 Page 60 of 63 Attachment 1 21.04.080 Designation – Owner consent not required – Exceptional historical resource. In exceptional circumstances, the HPC Planning Commission may recommend that the Council designate a resource without owner consent pursuant to CVMC 21.04.100(B)(1) through (3). 21.04.090 Historical designation – Application, requirements and procedures. A. Applications and Submittal Requirements. All applications for designation, including exceptional historical resources, shall be made to the Zoning Administrator in writing on a form prescribed by the City’s HPP and shall be accompanied by sufficient information to determine that a resource meets the criteria and findings of fact for designation pursuant to CVMC 21.04.100. Designation applications may run concurrent with other permit applications; however, the designation shall be acted upon prior to consideration of any discretionary permits. (Also see City’s HPP Section 3.0, Historical Resources – Designation Procedural Guide.) 1. Owner Applicant. A property owner, or authorized agent of the property owner, may seek historical designation without the assistance of an expert unless the City, at its discretion, determines that an expert technical analysis is necessary to provide sufficient information on the historical significance of the resource. 2. Nonowner Applications (Exceptional Historical Resource). a. Applicants that apply for an exceptional resource designation shall pay all fees and costs associated with the designation of the exceptional historical resource including but not limited to staff time, expert technical analysis or expert review of documentation. b. An application for an exceptional resource designation may be initiated in any of the following three ways: i. By a minimum of 10 City residents (with verifiable signatures); or ii. Through an HPCPlanning Commission recommendation to Council; or iii. By a majority vote of Council. 3. Publicly Owned Resources – Council Approval Required. a. Shall require the same application submittal requirements of this sectionSection and findings of fact and eligibility criteria of CVMC 21.04.100(A)(1) and (2). b. Shall require a recommendation from the HPC Planning Commission and Council approval. 2022/12/06 City Council Post Agenda Page 284 of 1285 Page 61 of 63 Attachment 1 c. An application for designation of publicly owned historical resources and historical landscapes may be initiated in any of the following three ways: i. By any interested citizen who resides in the City of Chula Vista; or ii. Through an HPCPlanning Commission recommendation to Council; or iii. By a majority vote of Council. B. Procedures for Historical Designation Consideration. 1. The application review shall follow the City’s Development Services Department review process for discretionary permits. 2. Upon determination of completeness, the Zoning Administrator shall prepare, in the form of a staff report, a brief discussion of the resource as presented in the submitted documentation and shall include recommendations to the HPC Planning Commission to either designate or not designate under the findings of fact and eligibility criteria set forth in CVMC 21.04.100. 3. The Zoning Administrator shall schedule the application for consideration and give notice thereof to the applicant and to other interested persons. A public hearing shall be held to review the evidence as presented in order to determine if the resource meets the criteria for designation pursuant to CVMC 21.04.100. 4. If a resource is designated, the property owner or applicant shall be required to record the HPCPlanning Commission resolution of designation with the County Assessor’s office within 10 business days after the appeal period of said designation. C. Denial or Delay of Decision. 1. The City shall have the authority to delay consideration of a resource for up to 90 days as part of a request of the applicant for additional information on the subject resource proposed for designation. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC 19.14.700. 2. If an application is closed pursuant to subsection Subsection (C)(1) of this sectionSection, or a designation request is denied as a result of the resource not meeting the findings of fact or eligibility criteria set forth in CVMC 21.04.100, the City shall provide a written explanation for the denial within 10 business days of the decision. 3. The applicant may, under a new application and required fees, submit for designation reconsideration of any resource, which has previously been denied, if new information is presented to support a statement of historical significance for the resource. D. Appeals. All appeals shall be processed pursuant to CVMC 21.12.030. 2022/12/06 City Council Post Agenda Page 285 of 1285 Page 62 of 63 Attachment 1 21.04.100 Historical designation – Findings of fact and eligibility criteria. A. Designation of historical resources, excluding exceptional historical resources, by the HPC Planning Commission may occur when the following findings of fact are made: 1. A resource is at least 45 years old; and 2. A resource possesses historical integrity defined under CVMC 21.03.084 and the resource is determined to have historical significance by meeting at least one of the following criteria: Criterion 1: It is associated with an event that is important to prehistory or history on a national, state, regional, or local level. Criterion 2: It is associated with a person or persons that have made significant contributions to prehistory or history on a national, state or local level. Criterion 3: It embodies the distinctive characteristics of a style, type, period, or method of construction, or represents the work of a master or important, creative individual, and/or possesses high artistic values. Criterion 4: It is an outstanding example of a publicly owned historical landscape, that represents the work of a master landscape architect, horticulturist, or landscape designer, or a publicly owned historical landscape that has potential to provide important information to the further study of landscape architecture or history. Criterion 5: It has yielded or may be likely to yield information important in prehistory or the history of Chula Vista, the state, region, or nation. B. Designation of an exceptional historical resource may be considered only if: 1. The HPC Planning Commission considers and makes a recommendation to the Council; and 2. It has been demonstrated through expert technical analysis and verifiable evidence that all of the following findings of fact are made: 2022/12/06 City Council Post Agenda Page 286 of 1285 Page 63 of 63 Attachment 1 a. The resource meets criteria and the findings of fact for designation found in subsections Subsections (A)(1) and (A)(2) of this section; and b. The resource is the best representative sample of its kind or the last of its kind; and c. The resource is an exceptionally important component of the City’s history and loss or impairment of the resource would be detrimental to the City’s heritage; and 3. Four-fifths vote of the Council vote to designate the resource as an exceptional historical resource. 2022/12/06 City Council Post Agenda Page 287 of 1285 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: YOUTH ACTION COUNCIL POLICY EFFECTIVE NUMBER DATE PAGE 110-15 08/14/07 1 OF 1 ADOPTED BY: Resolution No. 2007-222 DATED: 08/14/07 AMENDED BY: Purpose The purpose of this policy is to establish the Youth Action Council to replace the previous Youth Advisory Commission, which expired in April 2007 per provisions of Ordinance 2904; adopted in April 2003. The Youth Action Council is hereby created to increase the number of high school students who have an opportunity to perform community service, gain first-hand experience in local government, and become informed stakeholders in the community. The further purpose of this policy is to set forth membership requirements, term requirements, meeting date and time, and possible activities for Youth Action Council members. Policy The City Council establishes the following policy and procedures for the organization and operationsy of the Youth Action Council, 1. Members shall be Chula Vista residents. 2. Members shall be high school students in grades 10, 11 or 12. The members' high school location is not limited to Chula Vista, as long as members are a resident of Chula Vista. Members may represent public or private high schools, or a home-schooled organization. 3. Members shall serve one-year, renewable terms from September 1 through June 30. 4. The selection process for members may be guided by the school's ASB, administrator or by open process. The Library staff liaison and Department of Mayor and Council representative shall conduct open-process interviews. 5. All members must complete an application as with the City's Boards and Commissions. 6. Unless the Youth Action Council otherwise establishes another regular meeting place, date, and time, and advises the city clerk accordingly, the Youth Action Council shall meet once a month, on the first Monday of each month at 5:30 p.m. in the Library Conference Room in the Civic Center branch of the Chula Vista Public Library located at 365 F Street, Chula Vista. Meeting dates will coincide with the traditional school year calendar (10 meetings per year, September 1 — June 30). 7. The Youth Action Council program will focus on community service, such as Beautify Chula Vista, Christmas in October, the Starlight Parade, Day of the Child, tree planting and volunteering time at the Animal Shelter and Nature Center. The Youth Action Council program will include city government education, such as attending City Council meetings and other Board and Commission meetings. Members will participate in various City activities, such as the historic home site survey, ride-a-longs with the Police Department and preparations for the Mayor's State of the City Address. 2022/12/06 City Council Post Agenda Page 288 of 1285 From: Todd G. Glanz < Sent: Tuesday, December 06, 2022 1:54 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Comment to be read at the City Council meeting today please: Regarding agenda item 5.5/Boards and Commissions: the City should show its commitment to democracy by encouraging citizen empowerment and participation, as if the representatives serve the citizens, by Not eliminating Boards and Commissions. If thought is actually given to this attempt, commissions rather should be Added, such as is being done in cities such as San Diego and Portland. The number of Boards and Commissions in the city should be a source of pride and valued, not diminished. Sincerely, Todd G. Glanz, Esq. Warning: External Email Written Communications Item #5.5 - Glanz 2022/12/06 City Council Post Agenda Page 289 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Consultant Agreements: Approve Agreements with Three Consultant Firms for Permit Processing, Building Plan Check, and Building Inspection Services Report Number: 22-0284 Location: No specific geographic location Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving three-year agreements, with the option of three one-year extensions, for a total period of six years, with Interwest Consulting Group, Bureau Veritas North America, Inc., and True North Compliance Services, Inc. for permit processing, building plan check, and building inspection services. SUMMARY The Development Services Department utilizes contractual services to assist staff with building permit processing, building plan checks and building inspections during periods of high construction activity and spikes in workload. Currently, the City has agreements with three consultants that will expire on January 31, 2023. In order to establish new agreements, City staff prepared a Request for Proposal (“RFP”) for building permit processing, building plan check and building inspection services. Seven (7) consultant firms submitted proposals which were evaluated by a Selection Committee. After a thorough evaluation, the Committee recommended that the City contract with three consultants: Interwest Consulting Group, Bureau Veritas North America, Inc. and True North Compliance Services, Inc., to provide the services on an as-needed basis. ENVIRONMENTAL REVIEW 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. Thus, no environmental review is required. 2022/12/06 City Council Post Agenda Page 290 of 1285 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City has been using the services of consultants since 1987 to support the processing, review and inspections related to building permits. Having consultants available on an as-needed basis helps the City manage the increase in workload during periods of high building permit activity and maintain established customer service standards. Consultants offer flexibility and the ability to respond quickly with no impact to City staff workloads, especially given fluctuating demands for such services. Additionally, consultants can be used in the following situations: staff requires specialized expertise that is unavailable in-house; outside assistance is needed to expedite projects; or when a third party is needed to perform a project review. The City currently has three contracts with EsGil Corporation, Bureau Veritas North America, Inc. and CSG Consultants, Inc. These contracts will expire on January 31, 2023, and staff is proposi ng to establish new contracts for these services. City staff prepared an RFP for building permit processing, building plan check and building inspection services. A selection committee (“committee”) reviewed the responses to the RFP. The committee evaluated seven responses using a pre-established list of evaluation criteria based on professional qualifications of consultant’s employees, consultant’s experience in performing the services, consultant’s procedures and their impact on City procedures, quality control programs, familiarity with local and regional code interpretations and cost of services. The committee recommended that the City contract with three consultants: Interwest Consulting Group, Bureau Veritas North America, Inc., and True North Compliance Services, Inc. These three as-needed consultants provide the City access to a larger pool of resources and ensures that more than one provider is in place for the various workload demands. Should one consultant not have capacity for requested work, then the City can select one of the other consultants available. Having three consultants compete for the placement of consultant staff in the City increases the possibility that the City is being presented with the best and most qualified resources. The City reviews resumés and interviews consultant staff and select those that are most qualified to provide the required services. The agreements are structured to allow the City, at its sole discretion, to terminate an agreement at any time, after having given the consultant a 30-day notice. The decision to use the services of any of the consultants rests solely with the City and will be made on a case-by-case basis by the Director of Development Services or his/her designee. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund or Development Services Fund as a result of this 2022/12/06 City Council Post Agenda Page 291 of 1285 P a g e | 3 action. All costs of building permit processing, building plan check and building inspection services, whether performed by the City or the City’s consultant, are borne by the applicant in the form of plan check and permit fees. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts to the General Fund or Development Services Fund as a result of this action. All costs of building permit processing, building plan check and building inspection services, whether performed by the City or the City’s consultant, are borne by the applicant in the form of plan check and permit fees. ATTACHMENTS 1. Interwest Consultant Group Agreement 2. Bureau Veritas North America, Inc. Agreement 3. True North Compliance, Inc. Agreement Staff Contact: Lou El-Khazen, Building Official/Code Enforcement Manager Laura C. Black, AICP, Director of Development Services 2022/12/06 City Council Post Agenda Page 292 of 1285 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN CITY OF CHULA VISTA AND INTERWEST CONSULTING GROUP, BUREAU VERITAS NORTH AMERICA, AND TRUE NORTH COMPLIANCE SERVICES TO PROVIDE BUILDING PERMIT PROCESSING, BUILDING PLAN CHECK, AND BUILDING INSPECTION SERVICES WHEREAS, the Development Services Department uses contractual services to assist staff with building permit processing, building plan review, and building inspections during periods of high construction activity and increases in workload; and WHEREAS, unreasonable delays in the processing and inspection of building permits are an obstacle to economic vitality and a hardship to permit applicants; and WHEREAS, three current consultant agreements for building permit processing, building plan check, and building inspection services are set to expire on January 31, 2023; and WHEREAS, in anticipation of the need to continue to use consultants on an as needed basis, staff distributed and advertised a request for proposal for building permit processing, building plan check, and building inspection services; and WHEREAS, a Selection Committee evaluated seven responses using a pre-established list of evaluation criteria, and after a thorough evaluation, recommended that the City contract with Interwest Consulting Group, Bureau Veritas North America, and True North Compliance for these services on an as-needed basis; and WHEREAS, building plan check and building permit fees provide sufficient revenue to cover the cost of building permit processing, building plan check, and building inspection services, and the Development Services Department’s administrative overhead costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves agreements with Interwest Consulting Group, Bureau Veritas North America, and True North Compliance Services, respectively, to provide building permit processing, building plan check, and building inspection services, in the forms presented, with such minor modifications as may be required or approved by the City Attorney, copies of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager or designee to execute same. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins 2022/12/06 City Council Post Agenda Page 293 of 1285 Director of Development Services City Attorney 2022/12/06 City Council Post Agenda Page 294 of 1285 1 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP TO PROVIDE BUILDING PERMIT PROCESSING, BUILDING PLAN CHECK AND BUILDING INSPECTION SEVICES This Agreement is entered into effective as of February 1, 2023(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and INTERWEST CONSULTING GROUP, a Colorado corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to continue to employ the services of consultants to provide building permit processing, building plan review and building inspection of permitted building construction projects; and WHEREAS, City advertised for competitive requests for proposals for said services; and WHEREAS, after reviewing submitted proposals and conducting interviews, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; 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: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 295 of 1285 2 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP 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 Additio nal 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: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 296 of 1285 3 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP 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 Ag reement, 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: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 297 of 1285 4 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP 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: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 298 of 1285 5 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP 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. DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 299 of 1285 6 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP 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 DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 300 of 1285 7 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP 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 DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 301 of 1285 8 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre -existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto. City agrees to provide rights and title to Work Product as necessary to allow Consultant to perform the Required Services. 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 DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 302 of 1285 9 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP Rev. 9/15/20 employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 303 of 1285 10 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. INTERWEST CONSULTING GROUP CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Paul Meschino MARIA V. KACHADOORIAN Vice President of Operations CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 304 of 1285 11 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP 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: Jay Alvarado 276 Fourth Avenue Chula Vista, CA 91910 619-409-5805 jayalvarado@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: INTERWEST CONSULTING GROUP Shelby Siesacki, Account Manager 9320 Chesapeake Drive, Suite 208 San Diego, California 92123 626-224-2055 ssieracki@interwestgrp.com For Legal Notice Copy to: Gary Amato, CAO 444 N. Cleveland Avenue Loveland, CO 80537 970-292-2227 Gamato@safebuilt.com 2. Required Services A. General Description: The Consultant shall provide professional building permit processing, building plan check and building inspection of permitted building construction projects as requested by the City per Section B, “Detailed Description”. For permit processing and building inspection services, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Plan review services will be provided by Consultant at Consultant’s DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 305 of 1285 12 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP Rev. 9/15/20 place of business. City reserves the right to also have Consultant provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. Performance on all work is subject to the satisfaction of the City’s Building Official. B. Detailed Description: Permit Processing Services 1. When requested by City, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff with the knowledge, skills and abilities to perform the following functions: Enter permit data into the automated database; research, compile and prepare various limited reports and presentation graphics; assist the general public at the front counter or by phone regarding building, planning and engineering permit requirements, plan check fees, plan check filing procedures and processing, and permit status; research information for public; accept permit applications and collect permit fees; review and evaluate plans for completeness and for conformance with ordinances and department standards, policies and guidelines; review plans for conditions of prior approval; route plans to other city departments for review; approve minor permits; research and respond to public inquiries; build and maintain positive working relationships with co-workers, City employees and the public using principles of good customer service; and perform related duties as assigned. Selection of these individuals will be further subject to approval by City. Building Plan Check Services 2. The Consultant shall perform initial plan review of submitted plans, to include State regulated occupancies such as public schools (per DSA) and clinics (per OSHPD 3), to determine compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Existing Building Code; California Historical Building Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 3. The Consultant shall provide the applicant's designee and the City, a typed list of items needing clarification or change to achieve conformance with the above regulations. 4. The Consultant shall perform all necessary liaison with the applicant's designee and all necessary rechecks to achieve conformance to the regulations. 5. The Consultant shall provide recommendations and act as liaison to the Building Official, or his designee, either by mail, telephone or in Consultant's office, to insure compliance with Chula DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 306 of 1285 13 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP Rev. 9/15/20 Vista Municipal Code Section 15.06.045, “Alternate Materials, Methods of Design and Methods of Construction”, and Section 15.06.060(J), “Modifications.”, and to insure compliance with local policy interpretations. 6. The Consultant shall attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. 7. The Consultant shall perform plan reviews of revisions to plans that have previously been approved for permit issuance, or perform plan reviews of changes to plans prior to such approval. 8. When requested by City, Consultant shall provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Building Inspection Services 9. When requested by City, Consultant shall provide City with qualified building inspection individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. 10. Consultant staff assigned to City shall provide next-workday inspections of all requested inspections and re-inspections for compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Existing Building Code; California Historical Building Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 11. Consultant staff assigned to City shall coordinate with the Building Official on all discretionary decisions or requests for alternate materials or types of construction. 12. Consultant staff assigned to City shall coordinate with the Building Official on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project. C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Following City’s request for plan review, the Consultant shall complete the review within the following turnaround times: Review Type Initial Check (Working Days) Recheck (Working Days) Plan Change (Working Days) Single Family Dwelling/Duplex 7 5 5 Apartments/Condominiums 10 5 5 Tenant Improvements 7 5 5 Commercial/Industrial 12 5 5 DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 307 of 1285 14 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP Rev. 9/15/20 Deliverable No. 2: No later than one (1) workday after completion of each plan check, Consultant shall submit to City in writing a plan check correspondence which shall contain the following information: 1. The day of the week and date the plans were received by Consultant from City; 2. The day of the week and date the plan check was completed by Consultant; 3. The day of the week and date the applicant’s designee was notified by Consultant the plan check was completed; 4. The list of items needing correction or change to achieve conformance with the regulations under Section 2.B.2. Deliverable No. 3: Building inspection Consultant staff assigned to City shall provide next-workday inspection of requested inspections that are assigned to Consultant and enter results in the City’s permit tracking system the same day of the inspection, and complete all appropriate paperwork associated with the assigned inspections. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin February 1, 2023 and end on January 31, 2026 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: a. Compensation for each plan review under Section 2.B.2 through Section 2.B.6 shall be 70-percent of the Building Division’s portion of the City’s adopted Plan Check Fee as set forth in the City’s Master Fee Schedule and includes the initial check and two (2) re-checks. Additional re-checks beyond the second re-check to be charged at an hourly basis using the Hourly Rate Schedule under (c) below. b. Section 2.B.7 revisions/changes shall be compensated pursuant to (a) above or (c) below in connection with the related plan review. c. Compensation for each position hired as extension of staff, or the hourly charge for other City requested services not compensated pursuant to (a) or (b) above shall be based on the rate schedule below: Hourly Rates Schedule Classification Hourly Rate ($/hr) Certified Building Official $145 Licensed Plan Review Engineer $110 - $135 Senior Plans Examiner $125 CASp $120 DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 308 of 1285 15 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP Rev. 9/15/20 Inspector III $105 Inspector II $95 Inspector I $85 Fire Protection Engineer $135 Senior Fire Plans Examiner $120 Fire Plans Examiner/Fire Inspector $105 ICC Building Plans Examiner $100 Permit Technician $70  Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed above shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI -U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”). Such increase shall not exceed 5% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.  Expedited plan reviews will be provided at a rate of 140% of the fees shown above and will be completed in one half the timeframes proposed for non-expedited plan reviews.  Inspection and on-site services provided in excess of regular hours per day, nights and weekends will be invoiced at 140% of the above fees. No overtime will be charged without prior City approval.  There will be a minimum eight (8) hour fee for each day staff are requested to work in the City’s office . Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through January 31, 2026 shall not exceed $2,000,000. Should the amount paid to the Consultant for services performed through January 31, 2026 be less than the not-to-exceed amount in this Agreement, the balance between the amount paid and the not-to-exceed amount may, at City’s sole discretion, be carried forward to subsequent option years if so exercised by City. If the City exercises any additional options to extend the Agreement, the total amount to be paid to the Consultant for services provided during this Agreement and all additional optional extension periods shall not exceed $3,500,000 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 January 31, 2029 shall not exceed $3,500,000. 5. Special Provisions: ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3) additional terms, defined as a one-year increment. 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 five percent (5%) 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. Labor Code § 2750.3 Compliance. Consultant warrants and agrees that it, and not the City, is the employer of individuals assigned to perform services under this Agreement within the meaning of Labor Code section 2750.3, DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 309 of 1285 16 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP Rev. 9/15/20 specifically Labor Code section 2750.3(e) [Business to Business Contracting Relationship], and that it shall comply with the requirements of Labor Code section 2750.3. In addition to Consultant’s indemnity obligations pursuant to Section 4 of the Agreement, to the maximum extent allowed by law, Consultant shall further protect, defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, demands, causes of action, costs, employee employment benefits (such as wages, leave, worker compensation, unemployment benefits, or pension benefits), 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, or contractors, arising out of or in connection with compliance with or failure to comply with Labor Code § 2750.3 in providing the Required Services. DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 310 of 1285 17 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP 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: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 311 of 1285 18 City of Chula Vista Agreement No.: 2022-164 Consultant Name: INTERWEST CONSULTING GROUP 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 Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Lou El-Khazen 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). DocuSign Envelope ID: FF53898E-066A-4638-BFEE-6D023D226320 2022/12/06 City Council Post Agenda Page 312 of 1285 1 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. TO PROVIDE BUILDING PERMIT PROCESSING, BUILDING PLAN CHECK AND BUILDING INSPECTION SEVICES This Agreement is entered into effective as of February 1, 2023 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and BUREAU VERITAS NORTH AMERICA, INC., a Delaware Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to continue to employ the services of consultants to provide building permit processing, building plan review and building inspection of permitted building construction; and WHEREAS, City advertised for competitive requests for proposals for said services; and WHEREAS, after reviewing submitted proposals and conducting interviews, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; 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: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 313 of 1285 2 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, 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 Exhibi t 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: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 314 of 1285 3 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, 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: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 315 of 1285 4 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, 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: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 316 of 1285 5 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, 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 limited to the extent required by California Civil Code section 2782.8. DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 317 of 1285 6 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, 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 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 DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 318 of 1285 7 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, 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 DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 319 of 1285 8 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, 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 DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 320 of 1285 9 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20 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. Co nsultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 321 of 1285 10 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. BUREAU VERITAS NORTH AMERICA, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Craig Baptista MARIA V. KACHADOORIAN Vice President – Facilities Division, West Region CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 322 of 1285 11 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, 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: Jay Alvarado 276 Fourth Avenue Chula Vista, CA 91910 619-409-5805 jayalvarado@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: BUREAU VERITAS NORTH AMERICA, INC. Craig Baptista, Vice President – Facilities Division, West Region 180 Promenade Circle, Suite 150 Sacramento, California 95834 916-514-4516 craig.baptista@bureauveritas.com For Legal Notice Copy to: Ronald W. Victor, Associate General Counsel 1601 Sawgrass Corporate Parkway, Suite 400 Ft. Lauderdale, FL 33323 954-233-0965 ronald.victor@bureauveritas.com 2. Required Services A. General Description: The Consultant shall provide professional building permit processing, building plan check and building inspection of permitted building construction projects as requested by the City per Section B, “Detailed Description”. For permit processing and building inspection services, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Plan review services will be provided by Consultant at Consultant’s DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 323 of 1285 12 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20 place of business. City reserves the right to also have Consultant provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. Performance on all work is subject to the satisfaction of the City’s Building Official. B. Detailed Description: Permit Processing Services 1. When requested by City, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff with the knowledge, skills and abilities to perform the following functions: Enter permit data into the automated database; research, compile and prepare various limited reports and presentation graphics; assist the general public at the front counter or by phone regarding building, planning and engineering permit requirements, plan check fees, plan check filing procedures and processing, and permit status; research information for public; accept permit applications and collect permit fees; review and evaluate plans for completeness and for conformance with ordinances and department standards, policies and guidelines; review plans for conditions of prior approval; route plans to other city departments for review; approve minor permits; research and respond to public inquiries; build and maintain positive working relationships with co-workers, City employees and the public using principles of good customer service; and perform related duties as assigned. Selection of these individuals will be further subject to approval by City. Building Plan Check Services 2. The Consultant shall perform initial plan review of submitted plans, to include State regulated occupancies such as public schools (per DSA) and clinics (per OSHPD 3), to determine compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Existing Building Code; California Historical Building Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 3. The Consultant shall provide the applicant's designee and the City, a typed list of items needing clarification or change to achieve conformance with the above regulations. 4. The Consultant shall perform all necessary liaison with the applicant's designee and all necessary rechecks to achieve conformance to the regulations. 5. The Consultant shall provide recommendations and act as liaison to the Building Official, or his designee, either by mail, telephone or in Consultant's office, to insure compliance with Chula DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 324 of 1285 13 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20 Vista Municipal Code Section 15.06.045, “Alternate Materials, Methods of Design and Methods of Construction”, and Section 15.06.060(J), “Modifications.”, and to insure compliance with local policy interpretations. 6. The Consultant shall attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. 7. The Consultant shall perform plan reviews of revisions to plans that have previously been approved for permit issuance, or perform plan reviews of changes to plans prior to such approval. 8. When requested by City, Consultant shall provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Building Inspection Services 9. When requested by City, Consultant shall provide City with qualified building inspection individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. 10. Consultant staff assigned to City shall provide next-workday inspections of all requested inspections and re-inspections for compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Existing Building Code; California Historical Building Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 11. Consultant staff assigned to City shall coordinate with the Building Official on all discretionary decisions or requests for alternate materials or types of construction. 12. Consultant staff assigned to City shall coordinate with the Building Official on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project. C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Following City’s request for plan review, the Consultant shall complete the review within the following turnaround times: Review Type Initial Check (Working Days) Recheck (Working Days) Plan Change (Working Days) Single Family Dwelling/Duplex 7 5 5 Apartments/Condominiums 10 7 7 Tenant Improvements 5 5 5 Commercial/Industrial 10 7 7 DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 325 of 1285 14 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20 Deliverable No. 2: No later than one (1) workday after completion of each plan check, Consultant shall submit to City in writing a plan check correspondence which shall contain the following information: 1. The day of the week and date the plans were received by Consultant from City; 2. The day of the week and date the plan check was completed by Consultant; 3. The day of the week and date the applicant’s designee was notified by Consultant the plan check was completed; 4. The list of items needing correction or change to achieve conformance with the regulations under Section 2.B.2. Deliverable No. 3: Building inspection Consultant staff assigned to City shall provide next-workday inspection of requested inspections that are assigned to Consultant and enter results in the City’s permit tracking system the same day of the inspection, and complete all appropriate paperwork associated with the assigned inspections. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin February 1, 2023 and end on January 31, 2026 for completion of all Required Services. 4. Compensation: A. Form of Compensation a. ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Compensation for each plan review under Section 2.B.2 through Section 2.B.6 shall be: i. R-3 Residential Dwellings/Duplexes; 60-percent of the Building Division’s portion of the City’s adopted Plan Check Fee as set forth in the City’s Master Fee Schedule and includes the initial check and all required re-checks. ii. All other projects; 65-percent of the Building Division’s portion of the City’s adopted Plan Check Fee as set forth in the City’s Master Fee Schedule and includes the initial check and all required re-checks. b. Section 2.B.7 revisions/changes shall be compensated pursuant to (a) above or (c) below in connection with the related plan review. c. Compensation for each position hired as extension of staff, or the hourly charge for other City requested services not compensated pursuant to (a) or (b) above shall be based on the rate schedule below: Hourly Rates Schedule Classification Hourly Rate ($/hr) Supervising Plan Check Engineer $144 Civil Plan Review Engineer $144 DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 326 of 1285 15 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20 Structural Engineer/ Senior Engineer $138 Plan Review Engineer $126 Certified Plans Examiner $110 Fire Plans Examiner $125 CASp Specialist Plan Reviewer $125 CASp Inspector $125 Lead Inspector of Record (IOR) - prevailing wage $150 – $175** Sr. Building Inspector/IOR - prevailing wage $125 – $150** Senior Building Inspector $100 - $110 Building Inspector $85 - $95 ICC Certified Permit Technician $65 - $85  Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above.  Overtime (OT) will be charged at 1.25% times the standard hourly rate; hours worked on a designated holiday will be charged the appropriate OT rate. No overtime will be charged without prior approval from the City.  Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs.  Extremely large and/or complex projects can be pre-negotiated.  Hourly Rates subject to annual adjustment in accordance with CPI.  Mileage for employee-owned vehicles used in connection with the work will be at the current IRS rate measured from City Hall.  Prevailing wage rates noted by **. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through January 31, 2026 shall not exceed $2,000,000. Should the amount paid to the Consultant for services performed through January 31, 2026 be less than the not-to-exceed amount in this Agreement, the balance between the amount paid and the not-to-exceed amount may, at City’s sole discretion, be carried forward to subsequent option years if so exercised by City. If the City exercises any addition al options to extend the Agreement, the total amount to be paid to the Consultant for services provided during this Agreement and all additional optional extension periods shall not exceed $3,500,000 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 January 31, 2019 shall not exceed $3,500,000. 5. Special Provisions: ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3) additional terms, defined as a one-year increment. 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 five percent (5%)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: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 327 of 1285 16 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20 Labor Code § 2750.3 Compliance. Consultant warrants and agrees that it, and not the City, is the employer of individuals assigned to perform services under this Agreement within the meaning of Labor Code section 2750.3, specifically Labor Code section 2750.3(e) [Business to Business Contracting Relationship], and that it shall comply with the requirements of Labor Code section 2750.3. In addition to Consultant’s indemnity obligations pursuant to Section 4 of the Agreement, to the maximum extent allowed by law, Consultant shall further protect, defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, demands, causes of action, costs, employee employment benefits (such as wages, leave, worker compensation, unemployment benefits, or pension benefits), 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, or contractors, arising out of or in connection with compliance with or failure to comply with Labor Code § 2750.3 in providing the Required Services. DocuSign Envelope ID: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 328 of 1285 17 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, 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: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 329 of 1285 18 City of Chula Vista Agreement No.: 2022-162 Consultant Name: BUREAU VERITAS NORTH AMERICA, 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 Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Lou El-Khazen 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: 8B64A50D-F2B8-47CB-A593-42EA222D0F86 2022/12/06 City Council Post Agenda Page 330 of 1285 1 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES INC Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH TRUE NORTH COMPLIANCE SERVICES INC TO PROVIDE BUILDING PERMIT PROCESSING, BUILDING PLAN CHECK AND BUILDING INSPECTION SERVICES This Agreement is entered into effective as of February 1, 2023(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and TRUE NORTH COMPLIANCE SERVICES INC, a California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City desires to continue to employ the services of consultants to provide building permit processing, building plan review and building inspection of permitted building construction projects; and WHEREAS, City advertised for competitive requests for proposals for said services; and WHEREAS, after reviewing submitted proposals and conducting interviews, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City’s needs; 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: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 331 of 1285 2 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES 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 Additio nal 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: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 332 of 1285 3 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES 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: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 333 of 1285 4 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES 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: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 334 of 1285 5 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES 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 limited to the extent required by California Civil Code section 2782.8. DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 335 of 1285 6 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES 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 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 DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 336 of 1285 7 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES 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 DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 337 of 1285 8 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES INC Rev. 9/15/20 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, 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 DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 338 of 1285 9 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES INC Rev. 9/15/20 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. Co nsultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 339 of 1285 10 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES INC Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. TRUE NORTH COMPLIANCE SERVICES INC CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Isam Hasenin, MSCE, PE, CBO MARIA V. KACHADOORIAN President CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 340 of 1285 11 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES 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: Jay Alvarado 276 Fourth Avenue Chula Vista, CA 91910 619-409-5805 jayalvarado@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: TRUE NORTH COMPLIANCE SERVICES INC Isam Hasenin, President 990 Highland Dr., Suite 212-S Solana Beach, California 92075 858-260-0495 isam@tncservices.com For Legal Notice Copy to: Isam Hasenin, President 990 Highland Dr., Suite 212-S Solana Beach, California 92075 858-260-0495 isam@tncservices.com 2. Required Services A. General Description: The Consultant shall provide professional building permit processing, building plan check and building inspection of permitted building construction projects as requested by the City per Section B, “Detailed Description”. For permit processing and building inspection services, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Plan review services will be provided by Consultant at Consultant’s DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 341 of 1285 12 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES INC Rev. 9/15/20 place of business. City reserves the right to also have Consultant provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. Performance on all work is subject to the satisfaction of the City’s Building Official. B. Detailed Description: Permit Processing Services 1. When requested by City, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff with the knowledge, skills and abilities to perform the following functions: Enter permit data into the automated database; research, compile and prepare various limited reports and presentation graphics; assist the general public at the front counter or by phone regarding building, planning and engineering permit requirements, plan check fees, plan check filing procedures and processing, and permit status; research information for public; accept permit applications and collect permit fees; review and evaluate plans for completeness and for conformance with ordinances and department standards, policies and guidelines; review plans for conditions of prior approval; route plans to other city departments for review; approve minor permits; research and respond to public inquiries; build and maintain positive working relationships with co-workers, City employees and the public using principles of good customer service; and perform related duties as assigned. Selection of these individuals will be further subject to approval by City. Building Plan Check Services 2. The Consultant shall perform initial plan review of submitted plans, to include State regulated occupancies such as public schools (per DSA) and clinics (per OSHPD 3), to determine compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Existing Building Code; California Historical Building Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 3. The Consultant shall provide the applicant's designee and the City, a typed list of items needing clarification or change to achieve conformance with the above regulations. 4. The Consultant shall perform all necessary liaison with the applicant's designee and all necessary rechecks to achieve conformance to the regulations. 5. The Consultant shall provide recommendations and act as liaison to the Building Official, or his designee, either by mail, telephone or in Consultant's office, to insure compliance with Chula DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 342 of 1285 13 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES INC Rev. 9/15/20 Vista Municipal Code Section 15.06.045, “Alternate Materials, Methods of Design and Methods of Construction”, and Section 15.06.060(J), “Modifications.”, and to insure compliance with local policy interpretations. 6. The Consultant shall attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. 7. The Consultant shall perform plan reviews of revisions to plans that have previously been approved for permit issuance, or perform plan reviews of changes to plans prior to such approval. 8. When requested by City, Consultant shall provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Building Inspection Services 9. When requested by City, Consultant shall provide City with qualified building inspection individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. 10. Consultant staff assigned to City shall provide next-workday inspections of all requested inspections and re-inspections for compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Existing Building Code; California Historical Building Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 11. Consultant staff assigned to City shall coordinate with the Building Official on all discretionary decisions or requests for alternate materials or types of construction. 12. Consultant staff assigned to City shall coordinate with the Building Official on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project. C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Following City’s request for plan review, the Consultant shall complete the review within the following turnaround times: Review Type Initial Check (Working Days) Recheck (Working Days) Plan Change (Working Days) Single Family Dwelling/Duplex 7 5 5 Apartments/Condominiums 10 5 5 Tenant Improvements 10 5 5 Commercial/Industrial 12 5 5 DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 343 of 1285 14 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES INC Rev. 9/15/20 Deliverable No. 2: No later than one (1) workday after completion of each plan check, Consultant shall submit to City in writing a plan check correspondence which shall contain the following information: 1. The day of the week and date the plans were received by Consultant from City; 2. The day of the week and date the plan check was completed by Consultant; 3. The day of the week and date the applicant’s designee was notified by Consultant the plan check was completed; 4. The list of items needing correction or change to achieve conformance with the regulations under Section 2.B.2. Deliverable No. 3: Building inspection Consultant staff assigned to City shall provide next-workday inspection of requested inspections that are assigned to Consultant and enter results in the City’s permit tracking system the same day of the inspection, and complete all appropriate paperwork associated with the assigned inspections. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin February 1, 2023 and end on January 31, 2026 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below:: a. Compensation for each plan review under Section 2.B.2 through Section 2.B.6 shall be: i. R-3 Residential Dwellings/Duplexes; 68-percent of the Building Division’s portion of the City’s adopted Plan Check Fee as set forth in the City’s Master Fee Schedule and includes the initial check and all required re-checks. ii. All other projects, other than major commercial; 65-percent of the Building Division’s portion of the City’s adopted Plan Check Fee as set forth in the City’s Master Fee Schedule and includes the initial check and all required re-checks. iii. Major Commercial (100,000 square feet area or larger); 60-percent of the Building Division’s portion of the City’s adopted Plan Check Fee as set forth in the City’s Master Fee Schedule and includes the initial check and all required re-checks. iv. Expedited Plan Services; 140% of the plan review fees above. b. Section 2.B.7 revisions/changes shall be compensated pursuant to (a) above or (c) below in connection with the related plan review. DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 344 of 1285 15 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES INC Rev. 9/15/20 c. Compensation for each position hired as extension of staff, or the hourly charge for other City requested services not compensated pursuant to (a) or (b) above shall be based on the rate schedule below: Hourly Rates Schedule Classification Hourly Rate ($/hr) Certified Building Official $145 Senior Structural Engineer $135 Senior Plan Review Engineer $130 Plan Review Engineer $120 Certified Plans Examiner I $90 Certified Plans Examiner II $100 Fire Plan Reviewer/Inspector $100 Licensed Fire Protection Engineer $135 CASp Plan Reviewer/Inspector $120 Senior Building Inspector $105 Building Inspector I $85 Building Inspector II $95 Permit Technician I $65 Permit Technician II $75  Mileage for tasks related to requested scope such as inspections or site visits will be charged at the current IRS mileage rate measured from City Hall.  Incidental expenses will be charged at cost.  Inspections outside of regular business hours will be charged at 140% of the rates above with a minimum of 3 hours. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through January 31, 2026 shall not exceed $2,000,000. Should the amount paid to the Consultant for services performed through January 31, 2026 be less than the not-to-exceed amount in this Agreement, the balance between the amount paid and the not-to-exceed amount may, at City’s sole discretion, be carried forward to subsequent option years if so exercised by City. If the City exercises any add itional options to extend the Agreement, the total amount to be paid to the Consultant for services provided during this Agreement and all additional optional extension periods shall not exceed $3,500,000 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 January 31, 2029 shall not exceed $3,500,000. 5. Special Provisions: DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 345 of 1285 16 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES INC Rev. 9/15/20 ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3) additional terms, defined as a one-year increment. 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 five percent (5%) 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. Labor Code § 2750.3 Compliance. Consultant warrants and agrees that it, and not the City, is the employer of individuals assigned to perform services under this Agreement within the meaning of Labor Code section 2750.3, specifically Labor Code section 2750.3(e) [Business to Business Contracting Relationship], and that it shall comply with the requirements of Labor Code section 2750.3. In addition to Consultant’s indemnity obligations pursuant to Section 4 of the Agreement, to the maximum extent allowed by law, Consultant shall further protect, defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, demands, causes of action, costs, employee employment benefits (such as wages, leave, worker compensation, unemployment benefits, or pension benefits), 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, or contractors, arising out of or in connection with compliance with or failure to comply with Labor Code § 2750.3 in providing the Required Services. DocuSign Envelope ID: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 346 of 1285 17 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES 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: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 347 of 1285 18 City of Chula Vista Agreement No.: 2022-163 Consultant Name: TRUE NORTH COMPLIANCE SERVICES 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 Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Lou El-Khazen 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: 7C8D6FAE-9852-4BAF-9EDB-48AA3A8D5B5A 2022/12/06 City Council Post Agenda Page 348 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Investment Report: Quarter Ending September 30, 2022 Report Number: 22-0300 Location: No specific geographic location Department: Finance 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 Accept the investment report for the quarter ending on September 30, 2022. SUMMARY Transmitted herewith is the City’s investment report for the quarter ending September 30, 2022. To meet the reporting requirements set forth in California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy and Guidelines, a separate report was distributed to the City Council in October. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/12/06 City Council Post Agenda Page 349 of 1285 P a g e | 2 DISCUSSION As shown in the below table, the total cash and investment portfolio held by the City as of September 30, 2022 was $572,671,383 and total cash and investments held by the trustees was $119,845,719. Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and the Council Investment Policy as adopted by Resolution 2022-052 on March 1, 2022. During the quarter, twenty-two investments matured, totaling $35,256,000. Twenty-six purchases were made to replace those investments and invest idle cash. Purchased investments include: eight federal agency bonds ($22,416,000), eight corporate notes ($18,160,000), eight municipal bonds ($15,890,000), and two supranational ($4,900,000). Finance staff continues to manage the portfolio and execute transactions as financial and economic conditions warrant. Two-year Treasuries yielding 2.92% at the beginning of the quarter ended the quarter at a yield of 4.22% As of September 30, 2022, the Weighted Yield to Maturity on the Managed Investment Portfolio was 1.83%, which was an increase of seventeen basis points from the previous quarter. The average yield of the two - year U.S. treasury note over the last twelve months is 2.11% with some of the largest gains occurring over the last three quarters. Purchases are made at current market yields with fixed interest rates. At the end of this quarter, the Weighted Average Maturity of the Managed Investment Portfolio was 2.07 years, which is an increase from 2.01 years the prior quarter and is within the Council Policy. The Federal Open Market Committee (FOMC) meets approximately every six weeks and determines the level of the Federal Funds Rate. During this quarter, the FOMC met on July 27 and September 21. During both meetings, the FOMC voted to raise the Federal Funds Rate target range by 0.75%. The Federal Funds Rate target range had increased to a new range of 3.00%-3.25% by the end of September. Summary of Cash and Investments as of September 30, 2022 Investments Book Value Managed Investment Portfolio 498,599,000$ State of California Local Agency Investment Fund 11,822,256 County of San Diego Pooled Investment Fund 23,276,455 Total Investments 533,697,711 Cash/Time Deposits 38,973,672 Total Cash and Investments Held by the City 572,671,383 Cash and Investments Held by Bank Trustee 119,845,719 Total Investment Portfolio 692,517,102$ 2022/12/06 City Council Post Agenda Page 350 of 1285 P a g e | 3 The following excerpts are from the statement issued by the FOMC following their September 21 meeting. “Recent indicators point to modest growth in spending and production. Job gains have been robust in recent months, and the unemployment rate has remained low. Inflation remains elevated, reflecting supply and demand imbalances related to the pandemic, higher food and energy prices, and broader price pressures. Russia’s war on Ukraine is causing tremendous human and economic hardship. The war and related events are creating additional upward pressure on inflation and are weighing on global economic activity. The Committee is highly attentive to inflation risks. The Committee seeks to achieve maximum employment and inflation at the rate of 2 percent over the longer run. In support of these goals, the Committee decided to raise the target range for the federal funds rate to 3 to 3-1/4 percent and anticipates that ongoing increases in the target range will be appropriate. In assessing the appropriate stance of monetary policy, the Committee will continue to monitor the implications of incoming information for the economic outlook. The Committee would be prepared to adjust the stance of monetary policy as appropriate if risks emerge that could impede the attainment of the Committee’s goals. The Committee’s assessments will take into account a wide range of information, including readings on public health, labor market conditions, inflation pressures and inflation expectations, and financial and international developments.” There is no further activity to report other than routine investments. Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City will be able to comfortably meet overall cash flow needs over the next six months. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact by this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. ATTACHMENTS 1. Summary of Cash and Investments as of September 30, 2022 2. Investment Report for the Quarter Ended September 30, 2022 Staff Contact: Sarah Schoen, Director of Finance Lisa Partee, Fiscal and Management Analyst, Finance Department 2022/12/06 City Council Post Agenda Page 351 of 1285 Excludes Pooled Investments and BNY Custodial Cash AccountPortfolio MaturityUnder 1 YearMaturitySep 2022Jun 2022Change1 - 2 Years3-Month 3.33% 1.72% 1.61%2 - 3 Years1-Year 4.05% 2.80% 1.25%3 - 4 Years2-Year 4.22% 2.92% 1.30%4 - 5 Years3-Year 4.25% 2.99% 1.26%Total5-Year 4.06% 3.01% 1.05%10-Year 3.83% 2.98% 0.85%Sep 2021Sep 2020Sep 2019Sep 20180.28% 0.13% 1.63% 2.81%Total for QuarterNote: Interest Earnings figures do not include capital gains or lossesMarket ValueWeighted Average Maturity (in years)Weighted Yield to MaturityPortfolio Key Statistics531,956,571$ 533,697,711$ 506,152,819$ 2.07City of Chula VistaInvestment Report for the Quarter Ended September 30, 2022Portfolio Summary and Key StatisticsPAR ValueBook Value2,510,582$ % Maturing2021 Change496,440,681$ 19%33%29%12%7%100%95,646,681$ 162,856,000$ 145,903,000$ 58,030,000$ PAR MaturingU.S. Treasury Yields - Quarterly Comparison2-Year U.S. Treasury Yield - Historical Data637,365$ 809,444$ 1.83%34,005,000$ Interest Earnings 2022JulyAugust1,063,773$ September712,951$ 1,896,844$ 51,232$ 211,684$ 350,822$ 613,738$ 586,133$ 597,760$ 0.23%5.09%0.00%27.11%38.07%3.29%15.25%3.38%0.84%2.29%4.38%0.08%ASSET-BACKED SECURITYCERTIFICATE OF DEPOSITCOMMERCIAL PAPERCORPORATE NOTEFEDERAL AGENCY BOND/NOTEU.S. TREASURY NOTEMUNICIPAL BONDSUPRANATIONALPLACEMENT SERVICE DEPOSITSLOCAL AGENCY INVESTMENT FUNDSD COUNTY INVESTMENT POOLMONEY MARKET FUND (BNY MELLON)0%5%10%15%20%25%30%35%Under 1Year1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years19%33%29%12%7%Portfolio Maturity DistributionPage 1 of 18Source: City of Chula Vista Finance Department2022/12/06 City Council Post Agenda Page 352 of 1285 City of Chula Vista Market Values as of: 9/30/2022Current InvestmentsCUSIPIssuer DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 117305EGR0 CITIBANK CREDIT CARD ISSUANCE8/17/2018 3.210% 12/7/2024 560,000.00Aaa 1/2/2020 1/7/2020581,862.37 1.83 559,642.6198162WAE7 WORLD OMNI AUTO RECEIVABLES TRUST10/17/2018 3.440% 12/16/2024 600,000.00AAA 12/19/2019 12/23/2019624,000.00 2.13 600,000.06ASSET-BACKED SECURITY SUBTOTAL 1,160,000.001,205,862.37 1,159,642.6772663QD30 PLAINSCAPITAL BANK10/11/2019 1.800% 10/11/2022 247,000.00NA 10/1/2019 10/11/2019247,000.00 1.80 246,878.6929278TDT4 ENERBANK USA10/31/2018 3.300% 10/31/2022 249,000.00NA 10/26/2018 10/31/2018249,000.00 3.30 248,961.52254673WA0 DISCOVER BANK11/1/2018 3.300% 11/1/2022 245,000.00NA 10/26/2018 11/1/2018245,000.00 3.30 244,972.4031911QFP5 FIRST BANK FINANCIAL CEN2/6/2019 2.750% 11/7/2022 249,000.00NA 1/30/2019 2/6/2019249,000.00 2.75 248,834.6361760ARM3 MORGAN STANLEY11/8/2018 3.400% 11/8/2022 245,000.00NA 10/31/2018 11/8/2018245,000.00 3.40 244,993.05336460CV0 FSB OF DEQUEEN7/30/2019 2.000% 11/30/2022 249,000.00NA 7/3/2019 7/30/2019249,000.00 2.00 248,378.31549104GU5 LUANA SAVINGS BANK6/21/2019 2.250% 12/21/2022 247,000.00NA 6/13/2019 6/21/2019247,000.00 2.25 246,301.1792535LCH5 VERUS BANK6/28/2019 2.200% 12/28/2022 249,000.00NA 6/13/2019 6/28/2019249,000.00 2.20 248,216.47949495AF2 WELLS FARGO NATL BANK12/30/2019 1.850% 12/30/2022 249,000.00NA 12/16/2019 12/30/2019249,000.00 1.85 247,886.46573125AF8 MARTHAS VINEYARD SB1/21/2020 1.650% 1/23/2023 249,000.00NA 1/13/2020 1/21/2020249,000.00 1.65 247,436.2791330ABX4 UNITY BANK NJ1/22/2020 1.650% 1/23/2023 249,000.00NA 1/13/2020 1/22/2020249,000.00 1.65 247,436.27928066BB4 VIRGINIA PARTNERS BANK1/27/2020 1.650% 1/27/2023 249,000.00NA 1/13/2020 1/27/2020249,000.00 1.65 247,382.3674348HAE8 PROMISEONE BANK2/14/2020 1.500% 2/14/2023 249,000.00NA 2/4/2020 2/14/2020249,000.00 1.50 246,829.9481768PAF3 SERVISFIRST BANK2/21/2020 1.600% 2/21/2023 249,000.00NA 1/31/2020 2/21/2020249,000.00 1.60 246,818.6606425KCC1 BANK OF PERRY COUNTY2/21/2020 1.550% 2/21/2023 249,000.00NA 2/4/2020 2/21/2020249,000.00 1.55 246,769.33709771AG4 PEOPLEFIRST BANK3/6/2020 1.350% 3/6/2023 249,000.00NA 2/27/2020 3/6/2020249,000.00 1.35 246,130.37695292FR8 PADUCAH BANK AND TRUST3/12/2020 1.250% 3/13/2023 249,000.00NA 2/28/2020 3/13/2020249,000.00 1.25 245,891.2431944MAR6 FIRST CAROLINA BANK3/24/2020 1.100% 3/24/2023 249,000.00NA 3/2/2020 3/24/2020249,000.00 1.10 245,505.45856487AQ6 STATE BANK OF REESEVILLE4/12/2019 2.550% 4/12/2023 249,000.00NA 3/28/2019 4/12/2019249,000.00 2.55 246,774.55598315CE7 MIDWEST COMMUNITY BANK4/15/2020 1.200% 4/14/2023 249,000.00NA 4/3/2020 4/15/2020249,000.00 1.20 244,945.9212738RGA6 CADENCE BANK4/15/2020 1.300% 4/17/2023 248,000.00NA 4/2/2020 4/15/2020248,000.00 1.30 244,065.1027002YEL6 EAGLEBANK4/30/2019 2.650% 4/28/2023 249,000.00NA 4/16/2019 4/30/2019249,000.00 2.65 246,736.96857894F95 STEARNS BANK2/10/2020 1.650% 5/10/2023 247,000.00NA 2/4/2020 2/10/2020247,000.00 1.65 242,902.0630886WAB1 FARMERS & MERCH SVGS BK8/15/2019 1.950% 8/15/2023 249,000.00NA 8/1/2019 8/15/2019249,000.00 1.95 242,967.8063970QFT8 NEBRASKALAND NATIONAL BANK8/22/2019 1.750% 8/22/2023 248,000.00NA 8/12/2019 8/22/2019248,000.00 1.75 241,444.5533766LAH1 FIRSTIER BANK8/23/2019 1.900% 8/23/2023 249,000.00NA 8/8/2019 8/23/2019249,000.00 1.90 242,709.5002519TAW6 AMERICAN COMMERCE BANK8/23/2019 1.750% 8/23/2023 249,000.00NA 8/12/2019 8/23/2019249,000.00 1.75 242,378.1115118RRF6 CELTIC BANK8/30/2019 1.800% 8/30/2023 249,000.00NA 8/12/2019 8/30/2019249,000.00 1.80 242,314.9233648RAZ2 FIRST ST BANK BUXTON9/5/2019 1.650% 9/5/2023 249,000.00NA 8/27/2019 9/5/2019249,000.00 1.65 241,852.93634116CU9 NATIONAL BANK OF NY CITY9/10/2019 1.700% 9/8/2023 249,000.00NA 8/27/2019 9/10/2019249,000.00 1.70 241,906.8800257TBG0 ABACUS FEDERAL SVGS BANK9/12/2019 1.700% 9/12/2023 249,000.00NA 8/27/2019 9/12/2019249,000.00 1.70 241,825.9333640VDB1 FIRST SERVICE BANK9/30/2019 1.750% 9/29/2023 249,000.00NA 9/17/2019 9/30/2019249,000.00 1.75 241,606.0520033AM86 COMENITY CAPITAL10/30/2018 3.450% 10/30/2023 249,000.00NA 10/26/2018 10/30/2018249,000.00 3.45 245,532.8238148PY84 GOLDMAN SACHS10/31/2018 3.500% 10/31/2023 245,000.00NA 10/26/2018 10/31/2018245,000.00 3.50 241,792.4490348JFQ8 UBS BANK USA11/7/2018 3.500% 11/7/2023 249,000.00NA 10/30/2018 11/7/2018249,000.00 3.50 245,599.3206740KMU8 BARCLAYS BANK11/7/2018 3.450% 11/7/2023 245,000.00NA 10/29/2018 11/7/2018245,000.00 3.45 241,534.6061690UAZ3 MORGAN STANLEY11/8/2018 3.550% 11/8/2023 245,000.00NA 10/31/2018 11/8/2018245,000.00 3.55 241,790.2617312QV55 CITIBANK NA11/9/2018 3.450% 11/9/2023 245,000.00NA 10/26/2018 11/9/2018245,000.00 3.45 241,517.19949763UY0 WELLS FARGO BANK NA11/9/2018 3.500% 11/9/2023 249,000.00NA 10/26/2018 11/9/2018249,000.00 3.50 245,582.7920143PDV9 COMMERCIAL BANK HARROGATE11/15/2018 3.400% 11/15/2023 249,000.00NA 11/7/2018 11/15/2018249,000.00 3.40 245,257.2506426KBH0 BANK OF NEW ENGLAND7/19/2019 2.150% 11/20/2023 249,000.00NA 7/10/2019 7/19/2019249,000.00 2.15 241,720.3706062R7R7 BANK OF BARODA11/30/2018 3.550% 11/30/2023 245,000.00NA 11/20/2018 11/30/2018245,000.00 3.55 241,686.8657116ATG3 MARLIN BUSINESS BANK12/2/2019 1.700% 12/4/2023 249,000.00NA 11/6/2019 12/2/2019249,000.00 1.70 240,257.64066851WH5 BAR HARBOR BANK & TRUST12/31/2018 3.300% 12/29/2023 249,000.00NA 12/19/2018 12/31/2018249,000.00 3.30 244,642.91629801AB7 NAHEOLA CREDIT UNION1/10/2020 2.000% 1/10/2024 248,000.00NA 12/20/2019 1/10/2020248,000.00 2.00 239,576.6958404DDG3 MEDALLION BANK UTAH2/11/2019 3.000% 2/12/2024 249,000.00NA 1/30/2019 2/11/2019249,000.00 3.00 243,391.44Page 2 of 182022/12/06 City Council Post Agenda Page 353 of 1285 City of Chula Vista Market Values as of: 9/30/2022Current InvestmentsCUSIPIssuer DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 177579ADF0 ROLLSTONE BANK & TRUST2/12/2020 1.650% 2/12/2024 247,000.00NA 2/11/2020 2/13/2020247,000.00 1.65 237,038.7669324MAL9 PCSB BANK2/21/2020 1.650% 2/21/2024 249,000.00NA 2/6/2020 2/21/2020249,000.00 1.65 238,703.7806251AW48 BANK HAPOALIM BM NY3/25/2019 2.900% 3/25/2024 246,000.00NA 3/18/2019 3/25/2019246,000.00 2.90 239,800.5905465DAK4 AXOS BANK3/26/2020 1.650% 3/26/2024 249,000.00NA 2/27/2020 3/26/2020249,000.00 1.65 238,132.03654062JR0 NICOLET NATIONAL BANK3/31/2020 1.150% 3/28/2024 249,000.00NA 3/18/2020 3/31/2020249,000.00 1.15 236,277.0251210SSH1 LAKESIDE BANK4/14/2020 1.250% 4/12/2024 249,000.00NA 4/3/2020 4/14/2020249,000.00 1.25 236,402.61472382AQ3 JEFFERSON BANK4/15/2020 1.250% 4/15/2024 249,000.00NA 4/3/2020 4/15/2020249,000.00 1.25 236,337.5169506YRH4 PACIFIC WESTERN BANK4/16/2020 1.300% 4/16/2024 248,000.00NA 4/6/2020 4/16/2020248,000.00 1.30 235,663.2588457PAR8 THOMASTON SAVINGS BANK4/23/2020 1.250% 4/23/2024 248,000.00NA 4/13/2020 4/23/2020248,000.00 1.25 235,325.7766736ABT5 NORTHWEST BANK4/30/2020 1.100% 4/30/2024 249,000.00NA 4/17/2020 4/30/2020249,000.00 1.10 235,533.2832027BAM9 FIRST FREEDOM BANK4/30/2020 1.100% 4/30/2024 249,000.00NA 4/17/2020 4/30/2020249,000.00 1.10 235,533.28909242AH2 UNITED REPUBLIC BANK5/13/2020 1.000% 5/13/2024 249,000.00NA 4/21/2020 5/13/2020249,000.00 1.00 234,848.1614042RLZ2 CAPITAL ONE NA6/19/2019 2.500% 6/19/2024 246,000.00NA 6/11/2019 6/19/2019246,000.00 2.50 237,511.1614042TAW7 CAPITAL ONE BANK6/19/2019 2.500% 6/19/2024 246,000.00NA 6/11/2019 6/19/2019246,000.00 2.50 237,511.16501798NL2 LCA BANK CORPORATION6/28/2019 2.200% 6/28/2024 247,000.00NA 6/19/2019 6/28/2019247,000.00 2.20 237,114.84761402BY1 REVERE BANK6/28/2019 2.300% 6/28/2024 247,000.00NA 6/18/2019 6/28/2019247,000.00 2.30 237,529.67156634AS6 CENTURY NEXT BANK7/17/2019 2.000% 7/17/2024 249,000.00NA 7/3/2019 7/17/2019249,000.00 2.00 237,916.2915721UDB2 CF BANK8/19/2019 1.850% 8/19/2024 247,000.00NA 8/8/2019 8/19/2019247,000.00 1.85 234,912.5633617LAC3 FIRST RESOURCE BANK8/21/2019 1.700% 8/21/2024 249,000.00NA 8/12/2019 8/21/2019249,000.00 1.70 236,095.48128829AF5 CALDWELL BANK & TRUST8/23/2019 1.900% 8/23/2024 247,000.00NA 8/7/2019 8/23/2019247,000.00 1.90 235,166.21938828BJ8 WASHINGTON FEDERAL8/23/2019 2.050% 8/23/2024 249,000.00NA 7/29/2019 8/23/2019249,000.00 2.05 237,663.50372348CK6 GENOA BANKING COMPANY8/28/2019 1.800% 8/28/2024 249,000.00NA 8/12/2019 8/28/2019249,000.00 1.80 236,432.10589227AG2 MERCHANTS STATE BANK8/30/2019 1.800% 8/30/2024 247,000.00NA 8/7/2019 8/30/2019247,000.00 1.80 234,714.29740367HS9 PREFERRED BANK8/30/2019 1.850% 8/30/2024 249,000.00NA 8/7/2019 8/30/2019249,000.00 1.85 236,746.22710665FD7 PEOPLES BANK ROCK VALLEY3/10/2020 1.500% 9/10/2024 249,000.00NA 2/24/2020 3/10/2020249,000.00 1.50 234,917.62020080BL0 ALMA BANK9/11/2019 1.750% 9/11/2024 249,000.00NA 8/27/2019 9/11/2019249,000.00 1.75 236,074.49064236BG6 BANK OF OLD MONROE9/18/2019 1.700% 9/18/2024 249,000.00NA 8/27/2019 9/18/2019249,000.00 1.70 235,715.63849430BA0 SPRING BANK9/19/2019 1.650% 9/19/2024 249,000.00NA 8/27/2019 9/19/2019249,000.00 1.65 235,460.3029367RLA2 ENTERPRISE BANK9/27/2019 1.800% 9/27/2024 247,000.00NA 9/17/2019 9/27/2019247,000.00 1.80 234,255.6206652CHB0 BANKWEST INC9/27/2019 1.700% 9/27/2024 249,000.00NA 9/12/2019 9/27/2019249,000.00 1.70 235,557.13903572DX0 UINTA BANK10/16/2019 1.700% 10/16/2024 247,000.00NA 10/4/2019 10/16/2019247,000.00 1.70 233,565.5462844AAP2 MUTUALBANK10/22/2019 1.700% 10/22/2024 249,000.00NA 10/4/2019 10/22/2019249,000.00 1.70 235,236.9432116PAM0 FIRST BANK OF NEBRASKA10/30/2019 1.700% 10/30/2024 249,000.00NA 10/9/2019 10/30/2019249,000.00 1.70 235,175.7829367SJQ8 ENTERPRISE BANK & TRUST11/8/2019 1.800% 11/8/2024 249,000.00NA 10/22/2019 11/8/2019249,000.00 1.80 235,526.6089579NCB7 TRIAD BANK11/8/2019 1.800% 11/8/2024 249,000.00NA 11/4/2019 11/8/2019249,000.00 1.80 235,526.60560507AN5 MAINE SAVINGS FCU11/8/2019 1.900% 11/8/2024 245,000.00NA 2/3/2020 2/5/2020247,305.45 1.69 232,241.96201282JB7 COMMERCIAL BANK ALMA MI11/13/2019 1.750% 11/13/2024 249,000.00NA 10/31/2019 11/13/2019249,000.00 1.75 235,188.0120404YCF0 COMMUNITY STATE BANK IL3/2/2020 1.550% 12/2/2024 249,000.00NA 2/13/2020 3/2/2020249,000.00 1.55 233,902.75204161BJ1 COMMUNITY BANK TEXAS12/4/2019 1.800% 12/4/2024 249,000.00NA 11/20/2019 12/4/2019249,000.00 1.80 235,175.09062163BN9 BANK FORWARD12/18/2019 1.750% 12/18/2024 249,000.00NA 12/5/2019 12/18/2019249,000.00 1.75 234,677.4635637RDC8 FREEDOM FINANCIAL BANK2/14/2020 1.550% 2/14/2025 249,000.00NA 2/6/2020 2/14/2020249,000.00 1.55 232,739.1132114VBT3 FIRST NATL BANK MICHIGAN2/14/2020 1.650% 2/14/2025 249,000.00NA 2/4/2020 2/14/2020249,000.00 1.65 233,307.65029728BC5 AMERICAN STATE BANK IA2/21/2020 1.600% 2/21/2025 249,000.00NA 2/6/2020 2/21/2020249,000.00 1.60 232,901.3907815AAZ0 BELL BANK CORP2/27/2020 1.600% 2/27/2025 249,000.00NA 2/10/2020 2/27/2020249,000.00 1.60 232,797.1002554BCZ2 AMERICAN EAGLE BANK IL2/28/2020 1.600% 2/28/2025 249,000.00NA 2/18/2020 3/2/2020249,000.00 1.60 232,779.8244042TBX1 HORIZON BANK WAVERLY NE2/28/2020 1.550% 2/28/2025 249,000.00NA 2/6/2020 2/28/2020249,000.00 1.55 232,491.2032117WAN2 FNB OF ALBANY2/28/2020 1.600% 2/28/2025 249,000.00NA 2/25/2020 2/28/2020249,000.00 1.60 232,779.8246256YBF5 IOWA STATE BANK3/5/2020 1.500% 3/5/2025 248,000.00NA 2/24/2020 3/5/2020248,000.00 1.50 231,405.2300435JBH5 ACCESS BANK OMAHA NE3/13/2020 1.600% 3/13/2025 249,000.00NA 2/27/2020 3/13/2020249,000.00 1.60 232,643.40Page 3 of 182022/12/06 City Council Post Agenda Page 354 of 1285 City of Chula Vista Market Values as of: 9/30/2022Current InvestmentsCUSIPIssuer DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 158117WAG2 MCHENRY SAVINGS BANK3/13/2020 1.550% 3/13/2025 249,000.00NA 2/25/2020 3/13/2020249,000.00 1.55 232,350.7030257JAR6 FNB BANK INC/ROMNEY3/18/2020 1.150% 3/18/2025 249,000.00NA 3/2/2020 3/18/2020249,000.00 1.15 229,908.77411822CN7 HARDIN COUNTY BANK3/27/2020 1.000% 3/27/2025 249,000.00NA 3/9/2020 3/27/2020249,000.00 1.00 228,837.45064657BB4 BANK OF ROMNEY3/27/2020 1.150% 3/27/2025 249,000.00NA 3/2/2020 3/27/2020249,000.00 1.15 229,728.5379772FAF3 SAN FRANCISCO CREDIT 3/27/2020 1.100% 3/27/2025 249,000.00NA 3/10/2020 3/27/2025249,000.00 1.10 229,431.50152577AZ5 CENTRAL BANK3/27/2020 1.000% 3/27/2025 249,000.00NA 3/11/2020 3/27/2020249,000.00 1.00 228,837.45499724AM4 KNOXVILLE TVA EMPL CREDIT3/31/2020 1.000% 3/31/2025 249,000.00NA 3/11/2020 3/31/2020249,000.00 1.00 228,930.7215201QCJ4 CENTERSTATE BANK3/30/2020 1.000% 3/31/2025 248,000.00NA 3/10/2020 3/30/2020248,000.00 1.00 228,183.0738058KEF9 GOLD COAST BANK4/15/2020 1.300% 4/15/2025 249,000.00NA 3/31/2020 4/15/2020249,000.00 1.30 230,343.6687164WZS0 SYNCHRONY BANK4/17/2020 1.450% 4/17/2025 248,000.00NA 4/6/2020 4/17/2020248,000.00 1.45 230,434.40856285TF8 STATE BANK OF INDIA4/29/2020 1.600% 4/29/2025 248,000.00NA 4/13/2020 4/29/2020248,000.00 1.60 231,126.5708016PDP1 BELMONT BANK & TRUST4/30/2020 1.300% 4/30/2025 249,000.00NA 4/3/2020 4/30/2020249,000.00 1.30 230,153.9755316CAY2 M1 BANK5/8/2020 1.000% 5/8/2025 248,000.00NA 4/27/2020 5/8/2020248,000.00 1.00 227,392.56CERTIFICATE OF DEPOSIT SUBTOTAL 26,819,000.0026,821,305.45 25,766,547.54COMMERCIAL PAPER SUBTOTAL0.000.00 0.00911312AQ9 UNITED PARCEL SERVICE INC9/27/2012 2.450% 10/1/2022 3,750,000.00A- 10/25/2018 10/29/20183,624,712.50 3.37 3,750,000.0091324PDD1 UNITED HEALTH10/25/2017 2.375% 10/15/2022 2,504,000.00A+ 7/25/2019 7/29/20192,516,845.52 2.21 2,502,172.0800440EAU1 ACE INA HOLDINGS11/3/2015 2.875% 11/3/2022 2,500,000.00A 1/23/2020 1/27/20202,569,175.00 1.78 2,495,650.0002665WCA7 AMERICAN HONDA FINANCE11/16/2017 2.600% 11/16/2022 474,000.00A- 7/25/2019 7/29/2019479,232.96 2.25 472,724.9425468PCW4 TWDC ENTERPRISES 18 CORP11/30/2012 2.350% 12/1/2022 1,500,000.00BBB+ 9/10/2019 9/12/20191,519,558.43 1.93 1,496,115.0021688AAL6 COOPERATIVE RABOBANK NY1/10/2018 2.750% 1/10/2023 2,500,000.00A+ 3/25/2019 3/28/20192,485,700.00 2.91 2,491,950.00654106AC7 NIKE INC4/26/2013 2.250% 5/1/2023 1,200,000.00AA- 7/26/2019 7/30/20191,206,456.00 2.09 1,188,216.00540424AQ1 LOEWS CORP5/7/2013 2.625% 5/15/2023 1,500,000.00A 2/5/2020 2/7/20201,538,700.00 1.74 1,484,655.00828807DD6 SIMON PROPERTY GROUP LP12/11/2017 2.750% 6/1/2023 2,000,000.00A- 1/9/2020 1/13/20202,050,240.00 1.92 1,976,020.0024422EUH0 JOHN DEERE CAPITAL CORP6/7/2018 3.450% 6/7/2023 2,000,000.00A 2/6/2020 2/10/20202,111,060.00 1.72 1,991,860.0017330PSX8 CITIGROUP GLOBAL MARKETS7/20/2022 3.750% 7/20/2023 3,500,000.00A 7/12/2022 7/20/20223,500,000.00 3.75 3,449,285.0006053FAA7 BANK OF AMERICA CORP7/23/2013 4.100% 7/24/2023 1,255,000.00A- 12/8/2021 12/10/20211,322,968.05 0.74 1,251,423.2569349LAM0 PNC BANK NA7/25/2013 3.800% 7/25/2023 2,525,000.00A- 12/22/2021 12/27/20212,633,878.00 0.89 2,511,087.2506406FAD5 BANK OF NEW YORK MELLON CORP8/16/2016 2.200% 8/16/2023 3,000,000.00A 12/22/2021 12/27/20213,066,220.51 0.84 2,940,810.0089236THA6 TOYOTA MOTOR CORP5/26/2020 1.350% 8/25/2023 2,500,000.00A+ 12/29/2021 12/31/20212,523,100.00 0.79 2,427,350.00375558BL6 GILEAD SCIENCES9/20/2016 2.500% 9/1/2023 3,092,000.00BBB+ 6/3/2019 6/5/20193,086,640.60 2.54 3,027,717.3202665WDM0 AMERICAN HONDA FINANCE9/10/2020 0.650% 9/8/2023 3,000,000.00A- 12/8/2021 12/10/20212,990,803.11 0.83 2,888,400.0059156RBB3 METLIFE INC9/10/2013 4.368% 9/15/2023 3,549,000.00A- 12/22/2021 12/27/20213,761,159.22 0.86 3,536,826.93231021AR7 CUMMINS INC9/24/2013 3.650% 10/1/2023 3,500,000.00A+ 7/15/2019 7/18/20193,689,081.20 2.22 3,473,435.0014913Q2S7 CATERPILLAR FINL 12/7/2018 3.650% 12/7/2023 3,700,000.00A 6/4/2019 6/6/20193,870,829.00 2.56 3,659,337.00373298CF3 GEORGIA-PACIFIC12/11/2003 8.000% 1/15/2024 320,000.00A+ 7/24/2019 7/26/2019395,206.40 2.42 332,688.0024422EUX5 JOHN DEERE CAPITAL CORP6/7/2019 2.600% 3/7/2024 3,000,000.00A 5/1/2020 5/5/20203,154,993.53 1.22 2,916,120.00904764AX5 UNILEVER CAPITAL5/5/2017 2.600% 5/5/2024 1,500,000.00A+ 2/4/2020 2/6/20201,550,235.00 1.75 1,455,750.00904764AX5 UNILEVER CAPITAL5/5/2017 2.600% 5/5/2024 2,000,000.00A+ 2/6/2020 2/10/20202,063,700.00 1.79 1,941,000.00037833AS9 APPLE INC5/6/2014 3.450% 5/6/2024 250,000.00AA+ 1/31/2020 2/4/2020268,607.50 1.63 245,872.50037833CU2 APPLE INC5/11/2017 2.850% 5/11/2024 650,000.00AA+ 2/5/2020 2/7/2020679,640.00 1.69 634,127.00882508BB9 TEXAS INSTRUMENTS5/4/2017 2.625% 5/15/2024 1,000,000.00A+ 7/16/2019 7/19/20191,015,040.00 2.28 974,100.0006406HCV9 BANK OF NEW YORK MELLON CORP5/7/2014 3.400% 5/15/2024 600,000.00A 5/4/2020 5/6/2020647,702.11 1.36 588,300.00459200JY8 IBM CORP5/15/2019 3.000% 5/15/2024 3,000,000.00A- 7/14/2021 7/16/20213,201,589.22 0.60 2,918,730.0004636NAC7 ASTRAZENECA FINANCE LLC5/28/2021 0.700% 5/28/2024 2,500,000.00A- 12/13/2021 12/15/20212,476,175.00 1.10 2,342,275.0068233JBM5 ONCOR ELECTRIC DELIVERY5/23/2019 2.750% 6/1/2024 475,000.00A+ 12/23/2021 12/28/2021493,349.25 1.08 460,146.75440452AG5 HORMEL FOODS CORP6/3/2021 0.650% 6/3/2024 3,000,000.00A 1/19/2022 1/21/20222,962,380.00 1.19 2,805,900.00931142EL3 WALMART INC4/23/2019 2.850% 7/8/2024 3,900,000.00AA 5/10/2022 5/12/20223,910,569.00 2.71 3,789,786.0079466LAG9 SALESFORCE.COM INC7/12/2021 0.625% 7/15/2024 450,000.00A+ 12/8/2021 12/10/2021446,113.52 0.96 419,557.50Page 4 of 182022/12/06 City Council Post Agenda Page 355 of 1285 City of Chula Vista Market Values as of: 9/30/2022Current InvestmentsCUSIPIssuer DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 191324PDR0 UNITED HEALTH7/25/2019 2.375% 8/15/2024 3,000,000.00A+ 7/9/2021 7/13/20213,164,611.52 0.58 2,882,400.0030231GBC5 EXXON MOBIL CO8/16/2019 2.019% 8/16/2024 1,000,000.00AA- 6/28/2021 6/30/20211,042,229.78 0.65 953,780.00023135AZ9 AMAZON.COM INC2/22/2018 2.800% 8/22/2024 226,000.00AA 1/14/2020 1/16/2020234,784.62 1.88 219,531.8812189LAT8 BURLINGTON NORTH SANTA FE8/18/2014 3.400% 9/1/2024 1,000,000.00AA- 1/14/2020 1/16/20201,063,990.00 1.87 976,810.0012189LAT8 BURLINGTON NORTH SANTA FE8/18/2014 3.400% 9/1/2024 3,000,000.00AA- 12/3/2021 12/7/20213,178,248.00 0.97 2,930,430.00191216CL2 COCA-COLA CO9/6/2019 1.750% 9/6/2024 3,200,000.00A+ 12/17/2021 12/21/20213,268,288.00 0.95 3,048,576.0070450YAC7 PAYPAL HOLDING9/26/2019 2.400% 10/1/2024 950,000.00A- 6/28/2021 6/30/20211,002,643.56 0.67 907,022.0006406RAL1 BANK OF NEW YORK MELLON CORP10/24/2019 2.100% 10/24/2024 1,000,000.00A 12/8/2021 12/10/20211,026,690.00 1.15 947,780.0014913Q3B3 CATERPILLAR FINL 11/8/2019 2.150% 11/8/2024 3,000,000.00A 12/3/2021 12/7/20213,093,739.11 1.06 2,853,990.00427866BC1 HERSHEY COMPANY10/31/2019 2.050% 11/15/2024 677,000.00A 1/14/2020 1/16/2020682,504.01 1.87 643,881.1600724FAC5 ADOBE SYSTEMS INC1/26/2015 3.250% 2/1/2025 2,595,000.00A+ 5/5/2022 5/9/20222,603,405.15 3.11 2,516,163.9069371RQ66 PACCAR FINANCIAL2/6/2020 1.800% 2/6/2025 1,000,000.00A+ 7/29/2021 8/2/20211,039,501.74 0.66 936,360.0089236TGT6 TOYOTA MOTOR CORP2/13/2020 1.800% 2/13/2025 1,000,000.00A+ 10/15/2021 10/19/20211,025,005.34 1.03 933,450.0088579YBH3 3M COMPANY8/26/2019 2.000% 2/14/2025 2,500,000.00A+ 1/19/2022 1/21/20222,540,850.00 1.44 2,339,000.00384802AE4 WW GRAINGER INC2/26/2020 1.850% 2/15/2025 580,000.00A+ 7/23/2021 7/27/2021602,805.02 0.70 543,703.6024422EUE7 JOHN DEERE CAPITAL CORP3/13/2018 3.450% 3/13/2025 1,250,000.00A 11/19/2021 11/23/20211,345,784.48 1.08 1,212,750.00023135CE4 AMAZON.COM INC4/13/2022 3.000% 4/13/2025 3,000,000.00AA 5/9/2022 5/11/20223,000,780.00 2.99 2,881,500.0087612EBL9 TARGET CORP3/31/2020 2.250% 4/15/2025 3,000,000.00A 1/27/2022 1/31/20223,046,902.17 1.75 2,830,440.00037833DT4 APPLE INC5/11/2020 1.125% 5/11/2025 1,131,000.00AA+ 11/19/2021 11/23/20211,131,188.51 1.12 1,036,312.68438516CB0 HONEYWELL INTERNATIONAL5/18/2020 1.350% 6/1/2025 3,000,000.00A 11/19/2021 11/23/20213,020,786.76 1.14 2,761,530.00023135BQ8 AMAZON.COM INC6/3/2020 0.800% 6/3/2025 1,678,000.00AA 12/14/2021 12/16/20211,655,794.57 1.19 1,522,097.0246625HMN7 JP MORGAN CHASE7/21/2015 3.900% 7/15/2025 2,000,000.00A- 1/21/2022 1/25/20222,137,260.00 1.85 1,934,500.00857477AT0 STATE STREET CORP8/18/2015 3.550% 8/18/2025 1,600,000.00A 3/25/2022 3/29/20221,623,320.62 3.09 1,545,776.00231021AU0 CUMMINS INC8/24/2020 0.750% 9/1/2025 743,000.00A+ 12/8/2021 12/10/2021728,678.81 1.28 667,325.45231021AU0 CUMMINS INC8/24/2020 0.750% 9/1/2025 2,257,000.00A+ 12/16/2021 12/20/20212,222,307.35 1.18 2,027,124.55437076BK7 HOME DEPOT INC9/15/2015 3.350% 9/15/2025 3,200,000.00A 7/29/2022 8/2/20223,224,486.40 3.09 3,090,336.0089236THP3 TOYOTA MOTOR CORP10/16/2020 0.800% 10/16/2025 3,000,000.00A+ 12/8/2021 12/10/20212,931,090.00 1.42 2,660,100.0092826CAD4 VISA INC12/14/2015 3.150% 12/14/2025 2,500,000.00AA- 3/24/2022 3/28/20222,535,958.53 2.74 2,387,175.00458140AU4 INTEL CORP5/19/2016 2.600% 5/19/2026 2,374,000.00A+ 12/23/2021 12/28/20212,494,124.40 1.34 2,204,306.48931142EM1 WALMART INC4/23/2019 3.050% 7/8/2026 1,900,000.00AA 9/23/2022 9/27/20221,829,939.40 4.11 1,811,517.00438516BL9 HONEYWELL INTERNATIONAL10/31/2016 2.500% 11/1/2026 1,185,000.00A 8/1/2022 8/3/20221,160,092.98 3.03 1,089,074.25654106AF0 NIKE INC10/21/2016 2.375% 11/1/2026 1,035,000.00AA- 8/2/2022 8/4/20221,003,598.10 3.14 944,033.8506048WS84 BANK OF AMERICA CORP3/2/2022 2.750% 3/2/2027 4,000,000.00A- 2/28/2022 3/2/20224,000,000.00 2.75 3,581,640.00808513BY0 CHARLES SCHWAB CORP3/3/2022 2.450% 3/3/2027 2,205,000.00A 8/1/2022 8/3/20222,121,115.19 3.35 1,979,649.00713448ER5 PEPSICO INC3/19/2020 2.625% 3/19/2027 1,935,000.00A+ 8/2/2022 8/4/20221,892,043.00 3.14 1,776,368.7058933YBC8 MERCK & CO INC12/10/2021 1.700% 6/10/2027 3,200,000.00A+ 8/2/2022 8/4/20222,988,096.00 3.18 2,794,496.00CORPORATE NOTE SUBTOTAL 143,115,000.00145,474,303.75 137,210,318.043135G0T78 FANNIE MAE (FNMA)10/6/2017 2.000% 10/5/2022 3,000,000.00AA+ 10/29/2018 10/30/20182,894,940.00 2.95 2,999,760.003130AFE78 FED HOME LN BANK (FHLB)11/6/2018 3.000% 12/9/2022 3,000,000.00AA+ 3/30/2022 3/31/20223,034,101.70 1.34 2,997,810.003130AJ7E3 FED HOME LN BANK (FHLB)2/21/2020 1.375% 2/17/2023 3,000,000.00AA+ 3/30/2022 3/31/20222,994,780.19 1.57 2,974,050.003130AS4V8 FED HOME LN BANK (FHLB)6/9/2022 2.000% 3/9/2023 2,400,000.00AA+ 5/12/2022 6/9/20222,400,000.00 2.00 2,382,144.003137EAEN5 FREDDIE MAC (FHLMC)6/11/2018 2.750% 6/19/2023 2,000,000.00AA+ 1/21/2022 1/24/20222,054,995.37 0.78 1,978,600.003133ENEY2 FED FARM CREDIT (FFCB)11/24/2021 0.450% 7/24/2023 3,000,000.00AA+ 1/21/2022 1/24/20222,982,204.90 0.85 2,984,070.003133EKZK5 FED FARM CREDIT (FFCB)8/14/2019 1.600% 8/14/2023 2,719,000.00AA+ 8/21/2019 8/22/20192,728,063.74 1.51 2,656,000.773133ENAL4 FED FARM CREDIT (FFCB)10/12/2021 0.290% 10/12/2023 3,500,000.00AA+ 1/24/2022 1/25/20223,463,997.50 0.90 3,358,670.003137EAEY1 FREDDIE MAC (FHLMC)10/16/2020 0.125% 10/16/2023 3,000,000.00AA+ 1/5/2022 1/6/20222,969,049.00 0.71 2,871,330.003130ASNW5 FED HOME LN BANK (FHLB)7/27/2022 3.400% 10/27/2023 3,750,000.00AA+ 7/12/2022 7/27/20223,750,000.00 3.40 3,702,000.003130APU29 FED HOME LN BANK (FHLB)11/12/2021 0.500% 11/9/2023 3,500,000.00AA+ 1/5/2022 1/6/20223,484,022.50 0.75 3,358,215.003130APWH4 FED HOME LN BANK (FHLB)11/24/2021 0.750% 11/22/2023 3,500,000.00AA+ 1/3/2022 1/4/20223,497,186.00 0.79 3,360,245.00Page 5 of 182022/12/06 City Council Post Agenda Page 356 of 1285 City of Chula Vista Market Values as of: 9/30/2022Current InvestmentsCUSIPIssuer DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 13133ENEX4 FED FARM CREDIT (FFCB)11/24/2021 0.550% 11/24/2023 3,000,000.00AA+ 1/5/2022 1/6/20222,987,194.59 0.78 2,874,810.003133ENHR4 FED FARM CREDIT (FFCB)12/20/2021 0.680% 12/20/2023 3,000,000.00AA+ 1/24/2022 1/25/20222,983,080.00 0.98 2,869,230.003130ASP29 FED HOME LN BANK (FHLB)7/29/2022 3.250% 1/26/2024 4,000,000.00AA+ 7/12/2022 7/29/20224,000,000.00 3.25 3,930,040.003130AQLR2 FED HOME LN BANK (FHLB)2/7/2022 1.000% 2/7/2024 2,500,000.00AA+ 1/21/2022 2/7/20222,497,500.00 1.05 2,382,975.003130ASUZ0 FED HOME LN BANK (FHLB)8/23/2022 3.230% 2/23/2024 2,500,000.00AA+ 8/10/2022 8/23/20222,497,500.00 3.30 2,453,800.003130AS3H0 FED HOME LN BANK (FHLB)5/26/2022 2.625% 2/26/2024 1,600,000.00AA+ 5/10/2022 5/26/20221,600,000.00 2.63 1,557,296.003133ENQX1 FED FARM CREDIT (FFCB)3/8/2022 1.670% 3/8/2024 2,500,000.00AA+ 3/3/2022 3/8/20222,500,000.00 1.67 2,401,225.003130AQD34 FED HOME LN BANK (FHLB)12/28/2021 0.820% 3/28/2024 3,500,000.00AA+ 12/14/2021 12/28/20213,500,000.00 0.82 3,311,665.003130ARJJ1 FED HOME LN BANK (FHLB)4/25/2022 2.500% 4/25/2024 2,720,000.00AA+ 3/25/2022 4/25/20222,720,000.00 2.50 2,634,320.003134GWJ64 FREDDIE MAC (FHLMC)9/10/2020 0.400% 6/10/2024 1,950,000.00Aaa 12/16/2021 12/17/20211,929,720.00 0.82 1,819,935.003135GA5Y3 FANNIE MAE (FNMA)12/14/2020 0.375% 6/14/2024 2,140,000.00AA+ 12/14/2021 12/15/20212,115,197.85 0.85 1,995,485.803130AQAH6 FED HOME LN BANK (FHLB)12/28/2021 1.000% 6/28/2024 4,000,000.00AA+ 12/3/2021 12/28/20214,000,000.00 1.00 3,762,640.003133ELQ56 FED FARM CREDIT (FFCB)7/2/2020 0.570% 7/2/2024 3,000,000.00AA+ 12/16/2021 12/17/20212,981,100.00 0.82 2,801,910.003130AP7D1 FED HOME LN BANK (FHLB)10/19/2021 0.450% 7/19/2024 2,090,000.00AA+ 12/16/2021 12/17/20212,067,741.50 0.87 1,942,341.503130AQL68 FED HOME LN BANK (FHLB)1/26/2022 1.080% 7/26/2024 3,200,000.00AA+ 1/6/2022 1/26/20223,200,000.00 1.08 3,006,560.003130APQX6 FED HOME LN BANK (FHLB)11/23/2021 0.940% 8/23/2024 2,300,000.00AA+ 10/28/2021 11/23/20212,300,000.00 0.94 2,149,672.003130AS3U1 FED HOME LN BANK (FHLB)5/26/2022 3.000% 8/26/2024 3,000,000.00AA+ 5/11/2022 5/26/20223,000,000.00 3.00 2,911,230.003130APYH2 FED HOME LN BANK (FHLB)12/16/2021 1.000% 9/16/2024 4,000,000.00AA+ 11/17/2021 12/16/20214,000,000.00 1.00 3,734,480.003130AQ4Q3 FED HOME LN BANK (FHLB)12/23/2021 1.000% 9/23/2024 3,000,000.00AA+ 12/1/2021 12/23/20213,000,000.00 1.00 2,799,120.0031422BMD9 FARMER MAC (FAMCA)9/26/2019 1.740% 9/26/2024 4,000,000.00NR 10/28/2019 10/31/20193,997,528.13 1.75 3,810,240.003130AQD59 FED HOME LN BANK (FHLB)12/30/2021 1.000% 9/30/2024 3,200,000.00AA+ 12/23/2021 12/30/20213,200,000.00 1.00 2,996,864.003133EGYR0 FED FARM CREDIT (FFCB)10/17/2016 1.820% 10/17/2024 1,000,000.00AA+ 2/5/2020 2/6/20201,013,630.00 1.52 953,540.003130AQHL0 FED HOME LN BANK (FHLB)1/25/2022 1.050% 10/25/2024 3,500,000.00AA+ 1/20/2022 1/25/20223,481,819.66 1.24 3,259,235.003133EK4Y9 FED FARM CREDIT (FFCB)11/1/2019 1.650% 11/1/2024 3,000,000.00AA+ 2/6/2020 2/7/20203,017,700.00 1.52 2,847,510.003130APQM0 FED HOME LN BANK (FHLB)11/18/2021 1.000% 11/18/2024 2,300,000.00AA+ 10/28/2021 11/18/20212,300,000.00 1.00 2,134,745.003130AQ3B7 FED HOME LN BANK (FHLB)11/30/2021 1.000% 11/25/2024 1,000,000.00AA+ 12/14/2021 12/15/20211,000,368.28 0.99 927,480.003133ENKS8 FED FARM CREDIT (FFCB)1/11/2022 1.125% 1/6/2025 1,500,000.00AA+ 1/10/2022 1/11/20221,496,925.00 1.20 1,397,400.003130A4CH3 FED HOME LN BANK (FHLB)2/17/2015 2.375% 3/14/2025 3,000,000.00AA+ 12/17/2021 12/20/20213,137,340.00 0.93 2,867,850.003130ARA35 FED HOME LN BANK (FHLB)3/24/2022 2.000% 3/24/2025 3,000,000.00AA+ 3/2/2022 3/24/20223,000,000.00 2.00 2,820,090.003130ANX96 FED HOME LN BANK (FHLB)9/28/2021 0.600% 3/28/2025 3,500,000.00AA+ 12/15/2021 12/16/20213,447,500.00 1.07 3,176,320.003130ARJP7 FED HOME LN BANK (FHLB)4/21/2022 2.670% 4/21/2025 2,500,000.00AA+ 3/25/2022 4/21/20222,500,000.00 2.67 2,383,250.003130APKK0 FED HOME LN BANK (FHLB)10/28/2021 0.850% 4/28/2025 1,730,000.00AA+ 10/15/2021 10/28/20211,730,000.00 0.85 1,575,234.203130APXP5 FED HOME LN BANK (FHLB)11/23/2021 1.150% 5/23/2025 3,000,000.00AA+ 11/17/2021 11/23/20213,000,000.00 1.15 2,746,950.003130ASG86 FED HOME LN BANK (FHLB)6/15/2022 3.375% 6/13/2025 2,500,000.00AA+ 8/1/2022 8/2/20222,536,625.00 2.84 2,432,775.003135G04Z3 FANNIE MAE (FNMA)6/19/2020 0.500% 6/17/2025 4,000,000.00AA+ 12/27/2021 12/28/20213,921,600.00 1.08 3,615,760.003133ENHW3 FED FARM CREDIT (FFCB)12/23/2021 1.170% 6/23/2025 3,000,000.00AA+ 12/14/2021 12/23/20213,000,000.00 1.17 2,744,430.003130APK38 FED HOME LN BANK (FHLB)10/27/2021 0.875% 6/27/2025 3,500,000.00AA+ 1/6/2022 1/7/20223,459,774.50 1.21 3,170,265.003130AQ5S8 FED HOME LN BANK (FHLB)12/30/2021 1.250% 6/30/2025 3,500,000.00AA+ 12/1/2021 12/30/20213,500,000.00 1.25 3,202,745.003130AQGV9 FED HOME LN BANK (FHLB)1/18/2022 1.200% 7/18/2025 3,500,000.00AA+ 12/29/2021 1/18/20223,500,000.00 1.20 3,193,260.003130AQHV8 FED HOME LN BANK (FHLB)1/25/2022 1.250% 7/25/2025 3,000,000.00AA+ 1/6/2022 1/25/20223,000,000.00 1.25 2,739,390.003135G05X7 FANNIE MAE (FNMA)8/27/2020 0.375% 8/25/2025 4,000,000.00AA+ 11/17/2021 11/18/20213,899,720.00 1.06 3,577,200.003130AP3F0 FED HOME LN BANK (FHLB)9/29/2021 0.700% 8/29/2025 4,000,000.00AA+ 1/6/2022 1/7/20223,911,796.91 1.32 3,582,120.003130A8ZQ9 FED HOME LN BANK (FHLB)8/9/2016 1.750% 9/12/2025 4,000,000.00AA+ 11/30/2021 12/1/20214,104,240.00 1.05 3,724,800.003134GWUG9 FREDDIE MAC (FHLMC)9/24/2020 0.570% 9/24/2025 4,000,000.00Aaa 12/27/2021 12/28/20213,910,000.00 1.19 3,573,320.003130ARGJ4 FED HOME LN BANK (FHLB)4/14/2022 2.500% 10/14/2025 3,500,000.00AA+ 3/22/2022 4/14/20223,500,000.00 2.50 3,296,685.003133ENUZ1 FED FARM CREDIT (FFCB)4/20/2022 3.090% 10/20/2025 3,200,000.00AA+ 5/5/2022 5/6/20223,183,877.34 3.25 3,058,688.003130ARLT6 FED HOME LN BANK (FHLB)4/29/2022 3.100% 10/29/2025 3,500,000.00AA+ 3/30/2022 4/29/20223,500,000.00 3.10 3,341,170.003135G06G3 FANNIE MAE (FNMA)11/12/2020 0.500% 11/7/2025 3,500,000.00AA+ 12/8/2021 12/9/20213,408,615.00 1.19 3,117,415.003133ENEG1 FED FARM CREDIT (FFCB)11/17/2021 1.050% 11/17/2025 2,030,000.00AA+ 11/17/2021 11/18/20212,028,802.30 1.07 1,842,326.50Page 6 of 182022/12/06 City Council Post Agenda Page 357 of 1285 City of Chula Vista Market Values as of: 9/30/2022Current InvestmentsCUSIPIssuer DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 13133ENMM9 FED FARM CREDIT (FFCB)1/27/2022 1.440% 1/27/2026 3,500,000.00AA+ 2/1/2022 2/2/20223,485,300.00 1.55 3,196,690.003133ENRG7 FED FARM CREDIT (FFCB)3/10/2022 2.220% 3/10/2026 3,500,000.00AA+ 3/8/2022 3/10/20223,498,250.00 2.23 3,244,570.003133ENH45 FED FARM CREDIT (FFCB)8/24/2022 3.125% 8/24/2026 1,666,000.00AA+ 9/9/2022 9/12/20221,637,861.26 3.59 1,599,926.443130ASUB3 FED HOME LN BANK (FHLB)8/25/2022 4.000% 8/25/2026 3,500,000.00AA+ 7/29/2022 8/25/20223,500,000.00 4.00 3,385,550.003133EJD55 FED FARM CREDIT (FFCB)9/28/2018 3.300% 9/28/2026 1,000,000.00AA+ 9/28/2022 9/29/2022968,590.00 4.16 964,540.003130ARHY0 FED HOME LN BANK (FHLB)4/21/2022 3.000% 10/21/2026 3,750,000.00AA+ 3/24/2022 4/21/20223,750,000.00 3.00 3,521,925.003130APRK3 FED HOME LN BANK (FHLB)11/23/2021 1.430% 11/23/2026 2,600,000.00AA+ 2/28/2022 3/1/20222,541,500.00 1.93 2,302,118.003133ENL99 FED FARM CREDIT (FFCB)9/15/2022 3.375% 9/15/2027 3,500,000.00AA+ 9/8/2022 9/15/20223,487,890.00 3.45 3,384,115.00FEDERAL AGENCY BOND/NOTE SUBTOTAL 204,345,000.00203,689,628.22 192,670,122.2191282CAR2U.S. TREASURY NOTE 11/2/2020 0.125% 10/31/2022 2,000,000.00Aaa 3/30/2022 3/31/20221,988,236.26 1.14 1,995,980.00912828M80U.S. TREASURY NOTE 11/30/2015 2.000% 11/30/2022 3,000,000.00Aaa 3/30/2022 3/31/20223,014,192.97 1.28 2,994,270.009128284A5U.S. TREASURY NOTE 2/28/2018 2.625% 2/28/2023 2,500,000.00Aaa 3/30/2022 3/31/20222,523,535.90 1.58 2,488,975.0091282CDD0U.S. TREASURY NOTE 11/1/2021 0.375% 10/31/2023 3,500,000.00Aaa 1/5/2022 1/6/20223,477,819.06 0.73 3,356,185.00912828WE6U.S. TREASURY NOTE 11/15/2013 2.750% 11/15/2023 3,000,000.00Aaa 1/21/2022 1/24/20223,097,970.79 0.92 2,947,980.0091282CDM0U.S. TREASURY NOTE 11/30/2021 0.500% 11/30/2023 3,000,000.00Aaa 1/21/2022 1/24/20222,975,386.56 0.95 2,871,450.00U.S. TREASURY NOTE SUBTOTAL 17,000,000.0017,077,141.54 16,654,840.00072024WN8 BAY AREA CA TOLL AUTH9/26/2019 2.184% 4/1/2023 2,500,000.00AA 9/23/2019 9/30/20192,509,850.00 2.07 2,476,550.00735000TK7 PORT OF OAKLAND12/3/2020 0.821% 5/1/2023 1,050,000.00A+ 3/29/2022 3/31/20221,035,678.00 2.10 1,027,498.5091412G2U8 UNIV OF CALIFORNIA9/28/2017 2.519% 5/15/2023 2,000,000.00AA- 10/30/2019 11/1/20192,043,540.00 1.88 1,978,620.0013032UVA3 CALIFORNIA HEALTH FACILITY FIN AUTH11/25/2019 1.970% 6/1/2023 1,000,000.00AA- 11/20/2019 11/25/20191,000,000.00 1.97 984,260.0068304FAC0 CITY OF ONTARIO CA5/21/2020 2.216% 6/1/2023 200,000.00AA 5/15/2020 5/21/2020203,506.00 1.62 196,724.0084247PHY0 SOUTHERN CA PUBLIC POWER AUTH3/26/2014 3.458% 7/1/2023 3,960,000.00AA- 12/12/2018 12/14/20184,028,389.20 3.05 3,936,794.40365298Y44 GARDEN GROVE UNIFIED SD10/16/2019 1.926% 8/1/2023 245,000.00AA- 9/25/2019 10/16/2019245,000.00 1.93 240,173.50738850SW7 POWAY UNIFIED SCHOOL DIST10/16/2019 1.992% 8/1/2023 1,000,000.00AA- 9/27/2019 10/16/20191,000,000.00 1.99 978,670.00189849MF6 COACHELLA VALLEY USD10/17/2019 1.899% 8/1/2023 555,000.00AA 10/4/2019 10/17/2019555,000.00 1.90 543,711.30799306QJ7 SAN RAFAEL ELEM SCH DIST11/13/2019 1.865% 8/1/2023 980,000.00AA 11/1/2019 11/13/2019980,000.00 1.87 959,028.009523472D3 WEST CONTRA COSTA USD5/12/2020 1.569% 8/1/2023 500,000.00AA- 5/5/2020 5/12/2020500,000.00 1.57 488,330.0073208PBD2 POMONA PENSION OBLG8/20/2020 4.000% 8/1/2023 500,000.00AA- 10/15/2020 10/19/2020541,065.00 1.00 497,850.0013063DDG0 STATE OF CALIFORNIA10/26/2017 2.250% 10/1/2023 2,500,000.00AA- 11/30/2018 12/5/20182,401,525.00 3.14 2,456,350.0013063DDG0 STATE OF CALIFORNIA10/26/2017 2.250% 10/1/2023 4,000,000.00AA- 10/29/2018 10/31/20183,848,480.00 3.09 3,930,160.0013077DKB7 CALIFORNIA STATE UNIVERSITY2/27/2020 1.557% 11/1/2023 400,000.00AA- 2/6/2020 2/27/2020400,000.00 1.56 389,400.00057507KL8 BAKERSFIELD SCHOOL DISTRICT3/29/2017 5.500% 11/1/2023 335,000.00A+ 5/4/2020 5/6/2020385,524.70 1.08 343,656.4013063DLZ9 STATE OF CALIFORNIA4/4/2019 3.000% 4/1/2024 3,000,000.00AA- 7/26/2019 7/30/20193,125,010.00 2.06 2,945,430.00769036BL7 CITY OF RIVERSIDE PENSN OBLG6/11/2020 2.107% 6/1/2024 250,000.00AA 6/5/2020 6/11/2020250,000.00 2.11 239,980.0015276PAV1 CENTRAL UNIFIED SCHOOL DISTRICT6/18/2014 5.000% 7/1/2024 795,000.00AA 4/28/2020 4/30/2020916,786.05 1.22 818,229.90799306QK4 SAN RAFAEL ELEM SCH DIST11/13/2019 1.965% 8/1/2024 1,200,000.00AA 11/1/2019 11/13/20191,200,000.00 1.97 1,144,212.00802498UH6 SANTA MONICA-MALIBU USD11/6/2019 1.719% 8/1/2024 250,000.00AA+ 10/8/2019 11/6/2019250,000.00 1.72 237,800.00376087FZ0 GILROY UNIFIED SD10/30/2019 1.833% 8/1/2024 500,000.00AA- 10/9/2019 10/31/2019500,000.00 1.83 476,585.00542411NJ8 LONG BEACH CCD10/23/2019 1.803% 8/1/2024 1,315,000.00AA 10/9/2019 10/23/20191,315,000.00 1.80 1,250,749.10189849MG4 COACHELLA VALLEY USD10/17/2019 1.999% 8/1/2024 365,000.00AA 10/9/2019 10/17/2019365,492.75 1.97 349,104.25796720MY3 SAN BERNARDINO CCD12/12/2019 2.044% 8/1/2024 700,000.00AA 11/21/2019 12/12/2019700,000.00 2.04 669,781.00796720MG2 SAN BERNARDINO CCD12/12/2019 2.044% 8/1/2024 1,000,000.00AA 11/21/2019 12/12/20191,000,000.00 2.04 956,830.00835569GR9 SONOMA CNTY JR COLLEGE DIST11/12/2019 2.061% 8/1/2024 1,000,000.00AA 10/23/2019 11/12/20191,000,000.00 2.06 957,120.0091882RFU1 VAL VERDE UNIFIED SCH DIST6/19/2020 1.654% 8/1/2024 215,000.00AA 6/10/2020 6/19/2020215,000.00 1.65 204,194.10671205Y63 OAK GROVE SCHOOL DISTRICT6/25/2020 1.276% 8/1/2024 200,000.00AA 6/12/2020 6/25/2020200,000.00 1.28 188,538.0014575TDY5 CARSON REDEV AGY TAB9/3/2020 1.188% 8/1/2024 600,000.00AA 8/12/2020 9/3/2020600,000.00 1.19 564,204.00802309NW0 SANTA MARIA JT UHSD12/14/2021 1.095% 8/1/2024 400,000.00Aa2 12/9/2021 12/14/2021400,000.00 1.10 377,120.00801096AS7 SANTA ANA CMNTY REDEV AGY11/8/2018 3.683% 9/1/2024 2,000,000.00AA 1/13/2020 1/17/20202,157,220.00 1.90 1,963,800.0013077DQC9 CALIFORNIA STATE UNIVERSITY7/29/2021 0.563% 11/1/2024 450,000.00AA- 7/9/2021 7/29/2021450,000.00 0.56 414,819.00Page 7 of 182022/12/06 City Council Post Agenda Page 358 of 1285 City of Chula Vista Market Values as of: 9/30/2022Current InvestmentsCUSIPIssuer DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 163540QAC1 NATIONAL CITY PENSN OBLIG11/16/2021 1.019% 11/1/2024 300,000.00AA- 12/3/2021 12/7/2021299,646.00 1.06 275,328.0020772KAG4 STATE OF CONNECTICUT12/21/2017 3.230% 1/15/2025 1,700,000.00A+ 7/29/2022 8/2/20221,708,347.00 3.02 1,639,225.0013063CQS2 STATE OF CALIFORNIA3/18/2015 4.000% 3/1/2025 750,000.00AA- 4/27/2020 4/29/2020845,032.50 1.29 764,752.50797679CC9 SAN FRANCISCO CITY/CNTY PORT COMM2/27/2020 1.894% 3/1/2025 255,000.00A 2/13/2020 2/27/2020255,000.00 1.89 238,307.70365471AE1 GARDENA PENSN OBLIG11/24/2020 1.702% 4/1/2025 250,000.00AA- 11/20/2020 11/24/2020257,455.00 1.00 232,180.00735000TM3 PORT OF OAKLAND12/3/2020 1.181% 5/1/2025 1,030,000.00A+ 11/30/2021 12/2/20211,033,471.10 1.08 940,853.5013079XBT2 CA STWD CMNTY DEV TRANS10/8/2020 1.061% 6/1/2025 1,000,000.00AA 9/23/2020 10/8/20201,000,000.00 1.06 908,770.0068304FAE6 CITY OF ONTARIO CA POB5/21/2020 2.537% 6/1/2025 1,000,000.00AA 5/20/2020 6/5/20201,027,770.00 1.95 937,360.0091412GU94 UNIV OF CALIFORNIA5/18/2017 3.063% 7/1/2025 1,600,000.00AA 12/16/2021 12/20/20211,702,096.00 1.21 1,536,288.00798170AH9 SAN JOSE SUCCESSOR AGY12/21/2017 3.076% 8/1/2025 4,675,000.00AA 11/18/2021 11/22/20215,007,345.75 1.11 4,478,229.25796711G94 CITY OF SAN BERNARDINO USD9/24/2020 1.114% 8/1/2025 2,250,000.00AA 9/11/2020 9/24/20202,250,000.00 1.11 2,034,247.50197036PL4 COLTON UNIFIED SD10/28/2020 1.052% 8/1/2025 2,475,000.00AA 10/15/2020 10/28/20202,475,000.00 1.05 2,238,885.00144393NA9 CARPINTERIA UNIFIED SCH DIST11/18/2020 1.100% 8/1/2025 1,210,000.00AA- 10/28/2020 11/18/20201,212,758.80 1.05 1,099,369.7073208PBF7 POMONA PENSION OBLG8/20/2020 4.000% 8/1/2025 1,675,000.00AA- 9/14/2020 9/16/20201,878,964.75 1.41 1,638,485.00798135E88 SAN JOSE GEN OBLIG7/25/2019 2.450% 9/1/2025 1,240,000.00AA+ 12/16/2021 12/20/20211,297,932.80 1.16 1,168,476.80798135E88 SAN JOSE GEN OBLIG7/25/2019 2.450% 9/1/2025 1,035,000.00AA+ 12/16/2021 12/20/20211,083,355.20 1.16 975,301.20419792ZL3 STATE OF HAWAII10/29/2020 0.852% 10/1/2025 2,290,000.00AA+ 3/25/2022 3/29/20222,146,417.00 2.74 2,056,878.0013077DML3 CALIFORNIA STATE UNIVERSITY9/17/2020 0.885% 11/1/2025 775,000.00AA- 12/13/2021 12/15/2021763,452.50 1.28 693,578.5013077DQD7 CALIFORNIA STATE UNIVERSITY7/29/2021 0.862% 11/1/2025 2,500,000.00AA- 5/5/2022 5/9/20222,295,050.00 3.38 2,235,725.0013063DMA3 STATE OF CALIFORNIA4/4/2019 2.650% 4/1/2026 3,200,000.00AA- 5/5/2022 5/9/20223,127,936.00 3.27 3,006,368.00446222US8 HUNTINGTON BEACH UHSD6/10/2021 1.208% 8/1/2026 3,510,000.00AA- 8/1/2022 8/3/20223,241,765.80 3.26 3,088,062.90544351MS5 CITY OF LOS ANGELES7/12/2018 3.500% 9/1/2026 1,085,000.00AA 9/23/2022 9/27/20221,053,144.40 4.32 1,049,976.2020772KEX3 STATE OF CONNECTICUT9/13/2018 3.800% 9/15/2026 3,000,000.00A+ 9/14/2022 9/16/20222,987,880.00 3.91 2,884,530.0091412HGF4 UNIV OF CALIFORNIA7/16/2020 1.316% 5/15/2027 1,340,000.00AA 8/30/2022 9/1/20221,194,878.00 3.85 1,151,448.60817409N50 SEQUOIA UHSD2/27/2020 1.951% 7/1/2027 2,150,000.00Aa1 8/30/2022 9/1/20221,969,658.00 3.87 1,903,932.50786318LF0 SADDLEBACK USD12/5/2019 2.400% 8/1/2027 1,805,000.00Aa1 8/10/2022 8/12/20221,726,681.05 3.36 1,631,467.30797272QS3 SAN DIEGO CCD10/16/2019 2.407% 8/1/2027 1,300,000.00AAA 8/4/2022 8/8/20221,249,326.00 3.26 1,177,657.00MUNICIPAL BOND SUBTOTAL 81,365,000.0081,412,430.35 77,171,955.6045950VRF5 INTL FINANCE CORP (IFC)6/24/2022 2.650% 6/24/2024 1,900,000.00AAA 7/25/2022 7/27/20221,883,406.28 3.12 1,840,397.004581X0DZ8 INTERAMER DEV (IADB)9/23/2021 0.500% 9/23/2024 3,000,000.00AAA 12/16/2021 12/20/20212,969,402.21 0.88 2,786,520.00459058DX8 INTL BK RECON & DEVELOP (IBRD)11/25/2014 2.500% 11/25/2024 3,000,000.00AAA 3/24/2022 3/28/20223,013,112.61 2.33 2,889,780.00459058EP4 INTL BK RECON & DEVELOP (IBRD)7/29/2015 2.500% 7/29/2025 3,500,000.00AAA 12/13/2021 12/15/20213,675,035.00 1.09 3,328,535.004581X0CU0 INTERAMER DEV (IADB)6/2/2016 2.000% 6/2/2026 3,000,000.00AAA 8/3/2022 8/5/20222,881,139.04 3.11 2,764,800.0045950KCX6 INTL FINANCE CORP (IFC)9/8/2021 0.750% 10/8/2026 4,000,000.00AAA 1/20/2022 1/24/20223,842,373.68 1.62 3,480,560.00SUPRANATIONAL SUBTOTAL 18,400,000.0018,264,468.82 17,090,592.00NEIGHBORHOOD NATIONAL BANK8/17/2023 4,236,680.618/19/20214,236,680.61 1.92 4,236,680.61PLACEMENT SERVICE DEPOSITS4,236,680.614,236,680.61 4,236,680.61LOCAL AGENCY INVESTMENT FUND11,822,256.4811,822,256.48 11,594,807.64 SD COUNTY INVESTMENT POOL23,276,454.5923,276,454.59 22,180,133.58 POOLED INVESTMENTS SUBTOTAL 35,098,711.0735,098,711.0733,774,941.22 MONEY MARKET FUND (BNY MELLON)417,179.13417,179.13 417,179.13ALL INVESTMENTS GRAND TOTAL 531,956,570.81533,697,711.31 506,152,819.021 The Market Value for LAIF and San Diego County Investment Pool are calculated using the Market Value/Fair Value Factor provided by those agencies.Page 8 of 182022/12/06 City Council Post Agenda Page 359 of 1285 City of Chula VistaActivity for the Quarter Ended September 30, 2022MATURITYCUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity ParRating TradeDateSettlement Date Book Value YTMJul-2291324PCN0CORPORATE NOTE UNITED HEALTH 7/23/2015 3.350% 7/15/2022 3,000,000.00A+ 9/10/2018 9/13/20183,012,282.41 3.24410493EL0CERTIFICATE OF DEPOSIT HANMI BANK 7/19/2019 2.000% 7/19/2022 249,000.00NA 7/9/2019 7/19/2019249,000.00 2.00Aug-22511012MS2MUNICIPAL BOND LAKE TAHOE USD 5/26/2015 4.000% 8/1/2022 530,000.00A1 5/4/2020 5/6/2020564,699.10 1.0387270LBR3CERTIFICATE OF DEPOSIT TIAA FSB2/4/2019 2.900% 8/4/2022 246,000.00NA 1/23/2019 2/4/2019246,000.00 2.9069371RN77CORPORATE NOTE PACCAR FINANCIAL 8/10/2017 2.300% 8/10/2022 2,500,000.00A+ 8/13/2019 8/15/20192,518,000.00 2.05742718EU9CORPORATE NOTE PROCTOR & GAMBLE CO 8/11/2017 2.150% 8/11/2022 3,000,000.00AA- 10/25/2018 10/29/20182,884,787.82 3.2414041NFU0ASSET-BACKED SECURITY CAPITAL ONE MULTI-ASSET EXEC TR 9/5/2019 1.720% 8/15/2022 2,000,000.00AAA 12/18/2019 12/23/20191,992,939.22 1.8629736RAE0CORPORATE NOTE ESTEE LAUDER CO 8/2/2012 2.350% 8/15/2022 250,000.00A+ 1/23/2020 1/27/2020253,905.00 1.7212556LBB1CERTIFICATE OF DEPOSIT CIT BANK NA 8/23/2019 1.950% 8/23/2022 247,000.00NA 8/12/2019 8/23/2019247,000.00 1.9510373QAL4CORPORATE NOTE BP CAPITAL MARKETS AMERICA 11/10/2018 2.750% 8/24/2022 3,490,000.00A- 6/4/2019 6/6/20193,510,940.00 2.5933625CCQ0CERTIFICATE OF DEPOSIT 1ST SECURITY BANK 8/30/2019 1.750% 8/30/2022 249,000.00NA 8/12/2019 8/30/2019249,000.00 1.75Sep-22808513AG0CORPORATE NOTE CHARLES SCHWAB CORP 8/27/2012 3.225% 9/1/2022 2,376,000.00A 1/14/2020 1/16/20202,462,391.36 1.8054465AGN6MUNICIPAL BOND LOS ANGELES CNTY REDEV 8/25/2016 2.000% 9/1/2022 1,000,000.00AA 3/16/2020 3/18/20201,019,030.00 1.2142806KAR4MUNICIPAL BOND HESPERIA CMNTY REDEV AGY 10/2/2018 3.125% 9/1/2022 1,500,000.00AA 5/26/2020 6/5/20201,563,300.00 1.2189236TEC5CORPORATE NOTE TOYOTA MOTOR CORP 9/8/2017 2.150% 9/8/2022 1,500,000.00A+ 8/30/2019 9/4/20191,514,085.00 1.83313383WD9FEDERAL AGENCY BOND FED HOME LN BANK (FHLB) 8/15/2013 3.125% 9/9/2022 3,000,000.00AA+ 10/26/2018 10/30/20183,018,561.00 2.9533646CLJ1CERTIFICATE OF DEPOSIT FIRST SOURCE BANK 7/11/2019 2.000% 9/12/2022 247,000.00NA 7/3/2019 7/11/2019247,000.00 2.004581X0CZ9SUPRANATIONAL INTERAMER DEV (IADB) 9/14/2017 1.750% 9/14/2022 5,000,000.00AAA 8/10/2018 8/14/20184,794,949.30 2.82254687CM6CORPORATE NOTE THE WALT DISNEY COMPANY 9/15/2019 3.000% 9/15/2022 1,095,000.00BBB+ 1/27/2020 1/29/20201,133,116.95 1.6446625HJE1CORPORATE NOTE JP MORGAN CHASE 9/24/2012 3.250% 9/23/2022 2,530,000.00A- 1/27/2020 1/29/20202,626,443.60 1.7769371RQ33CORPORATE NOTE PACCAR FINANCIAL 9/26/2019 2.000% 9/26/2022 1,000,000.00A+ 5/4/2020 5/6/20201,019,963.31 1.1520726ABC1CERTIFICATE OF DEPOSIT CONGRESSIONAL BANK 7/24/2019 2.050% 9/26/2022 247,000.00NA 7/11/2019 7/24/2019247,000.00 2.05Total 35,256,000.00BUYCUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity ParRating TradeDateSettlement Date Book Value YTMJul-2217330PSX8CORPORATE NOTECITIGROUP GLOBAL MKTS7/20/2022 3.750% 7/20/2023 3,500,000.00A 7/12/2022 7/20/20223,500,000.00 3.753130ASNW5FEDERAL AGENCY BONDFED HOME LN BANK7/27/2022 3.400% 10/27/2023 3,750,000.00AA+ 7/12/2022 7/27/20223,750,000.00 3.403130ASP29FEDERAL AGENCY BONDFED HOME LN BANK7/29/2022 3.250% 1/26/2024 4,000,000.00AA+ 7/12/2022 7/29/20224,000,000.00 3.2545950VRF5SUPRANATIONALINTL FINANCE CORP6/24/2022 2.650% 6/24/2024 1,900,000.00AAA 7/25/2022 7/27/20221,883,406.28 3.12Aug-2220772KAG4MUNICIPAL BONDSTATE OF CONNECTICUT12/21/2017 3.230% 1/15/2025 1,700,000.00A+ 7/29/2022 8/2/20221,708,347.00 3.02437076BK7CORPORATE NOTEHOME DEPOT INC9/15/2015 3.350% 9/15/2025 3,200,000.00A 7/29/2022 8/2/20223,224,486.40 3.093130ASUB3FEDERAL AGENCY BONDFED HOME LN BANK8/25/2022 4.000% 8/25/2026 3,500,000.00AA+ 7/29/2022 8/25/20223,500,000.00 4.003130ASG86FEDERAL AGENCY BONDFED HOME LN BANK6/15/2022 3.375% 6/13/2025 2,500,000.00AA+ 8/1/2022 8/2/20222,536,625.00 2.84438516BL9CORPORATE NOTEHONEYWELL INTERNATIONAL10/31/2016 2.500% 11/1/2026 1,185,000.00A 8/1/2022 8/3/20221,160,092.98 3.03808513BY0CORPORATE NOTECHARLES SCHWAB CORP3/3/2022 2.450% 3/3/2027 2,205,000.00A 8/1/2022 8/3/20222,121,115.19 3.35446222US8MUNICIPAL BONDHUNTINGTON BEACH UHSD6/10/2021 1.208% 8/1/2026 3,510,000.00AA- 8/1/2022 8/3/20223,241,765.80 3.264581X0CU0SUPRANATIONAL INTERAMER DEV (IADB) 6/2/2016 2.000% 6/2/2026 3,000,000.00AAA 8/3/2022 8/5/20222,881,139.04 3.11654106AF0CORPORATE NOTE NIKE INC 10/21/2016 2.375% 11/1/2026 1,035,000.00AA- 8/2/2022 8/4/20221,003,598.10 3.14713448ER5CORPORATE NOTE PEPSICO INC 3/19/2020 2.625% 3/19/2027 1,935,000.00A+ 8/2/2022 8/4/20221,892,043.00 3.1458933YBC8CORPORATE NOTE MERCK & CO INC 12/10/2021 1.700% 6/10/2027 3,200,000.00A+ 8/2/2022 8/4/20222,988,096.00 3.18797272QS3MUNICIPAL BOND SAN DIEGO CCD 10/16/2019 2.407% 8/1/2027 1,300,000.00AAA 8/4/2022 8/8/20221,249,326.00 3.26786318LF0MUNICIPAL BOND SADDLEBACK USD 12/5/2019 2.400% 8/1/2027 1,805,000.00Aa1 8/10/2022 8/12/20221,726,681.05 3.363130ASUZ0FEDERAL AGENCY BOND FED HOME LN BANK (FHLB) 8/23/2022 3.230% 2/23/2024 2,500,000.00AA+ 8/10/2022 8/23/20222,497,500.00 3.30Page 9 of 182022/12/06 City Council Post Agenda Page 360 of 1285 CUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity ParRating TradeDateSettlement Date Book Value YTMSep-2291412HGF4MUNICIPAL BONDUNIV OF CALIFORNIA7/16/2020 1.316% 5/15/2027 1,340,000.00AA 8/30/2022 9/1/20221,194,878.00 3.85817409N50MUNICIPAL BOND SEQUOIA UHSD 2/27/2020 1.951% 7/1/2027 2,150,000.00Aa1 8/30/2022 9/1/20221,969,658.00 3.873133ENL99FEDERAL AGENCY BOND FED FARM CREDIT (FFCB) 9/15/2022 3.375% 9/15/2027 3,500,000.00AA+ 9/8/2022 9/15/20223,487,890.00 3.453133ENH45FEDERAL AGENCY BOND FED FARM CREDIT (FFCB) 8/24/2022 3.125% 8/24/2026 1,666,000.00AA+ 9/9/2022 9/12/20221,637,861.26 3.5920772KEX3MUNICIPAL BOND STATE OF CONNECTICUT 9/13/2018 3.800% 9/15/2026 3,000,000.00A+ 9/14/2022 9/16/20222,987,880.00 3.913133EJD55FEDERAL AGENCY BOND FED FARM CREDIT (FFCB) 9/28/2018 3.300% 9/28/2026 1,000,000.00AA+ 9/28/2022 9/29/2022968,590.00 4.16931142EM1CORPORATE NOTE WALMART INC 4/23/2019 3.050% 7/8/2026 1,900,000.00AA 9/23/2022 9/27/20221,829,939.40 4.11544351MS5MUNICIPAL BOND CITY OF LOS ANGELES 7/12/2018 3.500% 9/1/2026 1,085,000.00AA 9/23/2022 9/27/20221,053,144.40 4.32Total 61,366,000.00Page 10 of 182022/12/06 City Council Post Agenda Page 361 of 1285 City of Chula VistaToday's Date: 9/30/2022Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsCITIBANK CREDIT CARD ISSUANCE 560,000.00 12/7/2024 799-$ -$ -$ 560,000.00$ -$ -$ WORLD OMNI AUTO RECEIVABLES TRUST600,000.00 12/16/2024 808 -$ -$ -$ 600,000.00$ -$ -$ ASSET-BACKED SECURITY-$ -$ -$ 1,160,000.00$ -$ -$ PLAINSCAPITAL BANK 247,000.00 10/11/202211247,000.00$ -$ -$ -$ -$ -$ ENERBANK USA 249,000.00 10/31/2022 31 249,000.00$ -$ -$ -$ -$ -$ DISCOVER BANK 245,000.00 11/1/2022 32 245,000.00$ -$ -$ -$ -$ -$ FIRST BANK FINANCIAL CEN 249,000.00 11/7/2022 38 249,000.00$ -$ -$ -$ -$ -$ MORGAN STANLEY 245,000.00 11/8/2022 39 245,000.00$ -$ -$ -$ -$ -$ FSB OF DEQUEEN 249,000.00 11/30/2022 61 249,000.00$ -$ -$ -$ -$ -$ LUANA SAVINGS BANK 247,000.00 12/21/2022 82 247,000.00$ -$ -$ -$ -$ -$ VERUS BANK249,000.00 12/28/2022 89 249,000.00$ -$ -$ -$ -$ -$ WELLS FARGO NATL BANK 249,000.00 12/30/2022 91 249,000.00$ -$ -$ -$ -$ -$ MARTHAS VINEYARD SB 249,000.00 1/23/2023 115 249,000.00$ -$ -$ -$ -$ -$ UNITY BANK NJ 249,000.00 1/23/2023 115 249,000.00$ -$ -$ -$ -$ -$ VIRGINIA PARTNERS BANK 249,000.00 1/27/2023 119 249,000.00$ -$ -$ -$ -$ -$ PROMISEONE BANK 249,000.00 2/14/2023 137 249,000.00$ -$ -$ -$ -$ -$ SERVISFIRST BANK 249,000.00 2/21/2023 144 249,000.00$ -$ -$ -$ -$ -$ BANK OF PERRY COUNTY 249,000.00 2/21/2023 144 249,000.00$ -$ -$ -$ -$ -$ PEOPLEFIRST BANK 249,000.00 3/6/2023 157 249,000.00$ -$ -$ -$ -$ -$ PADUCAH BANK AND TRUST 249,000.00 3/13/2023 164 249,000.00$ -$ -$ -$ -$ -$ FIRST CAROLINA BANK 249,000.00 3/24/2023 175 249,000.00$ -$ -$ -$ -$ -$ STATE BANK OF REESEVILLE 249,000.00 4/12/2023 194 -$ 249,000.00$ -$ -$ -$ -$ MIDWEST COMMUNITY BANK 249,000.00 4/14/2023 196 -$ 249,000.00$ -$ -$ -$ -$ CADENCE BANK 248,000.00 4/17/2023 199 -$ 248,000.00$ -$ -$ -$ -$ EAGLEBANK249,000.00 4/28/2023 210 -$ 249,000.00$ -$ -$ -$ -$ STEARNS BANK 247,000.00 5/10/2023 222 -$ 247,000.00$ -$ -$ -$ -$ FARMERS & MERCH SVGS BK 249,000.00 8/15/2023 319 -$ 249,000.00$ -$ -$ -$ -$ NEBRASKALAND NATIONAL BANK 248,000.00 8/22/2023 326 -$ 248,000.00$ -$ -$ -$ -$ FIRSTIER BANK 249,000.00 8/23/2023 327 -$ 249,000.00$ -$ -$ -$ -$ AMERICAN COMMERCE BANK 249,000.00 8/23/2023 327 -$ 249,000.00$ -$ -$ -$ -$ CELTIC BANK249,000.00 8/30/2023 334 -$ 249,000.00$ -$ -$ -$ -$ FIRST ST BANK BUXTON 249,000.00 9/5/2023 340 -$ 249,000.00$ -$ -$ -$ -$ NATIONAL BANK OF NY CITY 249,000.00 9/8/2023 343 -$ 249,000.00$ -$ -$ -$ -$ ABACUS FEDERAL SVGS BANK 249,000.00 9/12/2023 347 -$ 249,000.00$ -$ -$ -$ -$ FIRST SERVICE BANK 249,000.00 9/29/2023 364 -$ 249,000.00$ -$ -$ -$ -$ COMENITY CAPITAL 249,000.00 10/30/2023 395 -$ -$ 249,000.00$ -$ -$ -$ GOLDMAN SACHS 245,000.00 10/31/2023 396 -$ -$ 245,000.00$ -$ -$ -$ UBS BANK USA 249,000.00 11/7/2023 403 -$ -$ 249,000.00$ -$ -$ -$ BARCLAYS BANK 245,000.00 11/7/2023 403 -$ -$ 245,000.00$ -$ -$ -$ MORGAN STANLEY 245,000.00 11/8/2023 404 -$ -$ 245,000.00$ -$ -$ -$ CITIBANK NA245,000.00 11/9/2023 405 -$ -$ 245,000.00$ -$ -$ -$ WELLS FARGO BANK NA 249,000.00 11/9/2023 405 -$ -$ 249,000.00$ -$ -$ -$ COMMERCIAL BANK HARROGATE 249,000.00 11/15/2023 411 -$ -$ 249,000.00$ -$ -$ -$ BANK OF NEW ENGLAND 249,000.00 11/20/2023 416 -$ -$ 249,000.00$ -$ -$ -$ BANK OF BARODA 245,000.00 11/30/2023 426 -$ -$ 245,000.00$ -$ -$ -$ MARLIN BUSINESS BANK 249,000.00 12/4/2023 430 -$ -$ 249,000.00$ -$ -$ -$ BAR HARBOR BANK & TRUST 249,000.00 12/29/2023 455 -$ -$ 249,000.00$ -$ -$ -$ NAHEOLA CREDIT UNION 248,000.00 1/10/2024 467 -$ -$ 248,000.00$ -$ -$ -$ MEDALLION BANK UTAH 249,000.00 2/12/2024 500 -$ -$ 249,000.00$ -$ -$ -$ ROLLSTONE BANK & TRUST 247,000.00 2/12/2024 500 -$ -$ 247,000.00$ -$ -$ -$ PCSB BANK249,000.00 2/21/2024 509 -$ -$ 249,000.00$ -$ -$ -$ BANK HAPOALIM BM NY 246,000.00 3/25/2024 542 -$ -$ 246,000.00$ -$ -$ -$ AXOS BANK249,000.00 3/26/2024 543 -$ -$ 249,000.00$ -$ -$ -$ NICOLET NATIONAL BANK 249,000.00 3/28/2024 545 -$ -$ 249,000.00$ -$ -$ -$ LAKESIDE BANK 249,000.00 4/12/2024 560 -$ -$ 249,000.00$ -$ -$ -$ JEFFERSON BANK 249,000.00 4/15/2024 563 -$ -$ 249,000.00$ -$ -$ -$ Page 11 of 182022/12/06 City Council Post Agenda Page 362 of 1285 City of Chula VistaToday's Date: 9/30/2022Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsPACIFIC WESTERN BANK 248,000.00 4/16/2024 564 -$ -$ 248,000.00$ -$ -$ -$ THOMASTON SAVINGS BANK 248,000.00 4/23/2024 571 -$ -$ 248,000.00$ -$ -$ -$ NORTHWEST BANK 249,000.00 4/30/2024 578 -$ -$ 249,000.00$ -$ -$ -$ FIRST FREEDOM BANK 249,000.00 4/30/2024 578 -$ -$ 249,000.00$ -$ -$ -$ UNITED REPUBLIC BANK 249,000.00 5/13/2024 591 -$ -$ 249,000.00$ -$ -$ -$ CAPITAL ONE NA 246,000.00 6/19/2024 628 -$ -$ 246,000.00$ -$ -$ -$ CAPITAL ONE BANK 246,000.00 6/19/2024 628 -$ -$ 246,000.00$ -$ -$ -$ LCA BANK CORPORATION 247,000.00 6/28/2024 637 -$ -$ 247,000.00$ -$ -$ -$ REVERE BANK 247,000.00 6/28/2024 637 -$ -$ 247,000.00$ -$ -$ -$ CENTURY NEXT BANK 249,000.00 7/17/2024 656 -$ -$ 249,000.00$ -$ -$ -$ CF BANK247,000.00 8/19/2024 689 -$ -$ 247,000.00$ -$ -$ -$ FIRST RESOURCE BANK 249,000.00 8/21/2024 691 -$ -$ 249,000.00$ -$ -$ -$ CALDWELL BANK & TRUST 247,000.00 8/23/2024 693 -$ -$ 247,000.00$ -$ -$ -$ WASHINGTON FEDERAL 249,000.00 8/23/2024 693 -$ -$ 249,000.00$ -$ -$ -$ GENOA BANKING COMPANY 249,000.00 8/28/2024 698 -$ -$ 249,000.00$ -$ -$ -$ MERCHANTS STATE BANK 247,000.00 8/30/2024 700 -$ -$ 247,000.00$ -$ -$ -$ PREFERRED BANK 249,000.00 8/30/2024 700 -$ -$ 249,000.00$ -$ -$ -$ PEOPLES BANK ROCK VALLEY 249,000.00 9/10/2024 711 -$ -$ 249,000.00$ -$ -$ -$ ALMA BANK249,000.00 9/11/2024 712 -$ -$ 249,000.00$ -$ -$ -$ BANK OF OLD MONROE 249,000.00 9/18/2024 719 -$ -$ 249,000.00$ -$ -$ -$ SPRING BANK249,000.00 9/19/2024 720 -$ -$ 249,000.00$ -$ -$ -$ ENTERPRISE BANK 247,000.00 9/27/2024 728 -$ -$ 247,000.00$ -$ -$ -$ BANKWEST INC 249,000.00 9/27/2024 728 -$ -$ 249,000.00$ -$ -$ -$ UINTA BANK247,000.00 10/16/2024 747 -$ -$ -$ 247,000.00$ -$ -$ MUTUALBANK249,000.00 10/22/2024 753 -$ -$ -$ 249,000.00$ -$ -$ FIRST BANK OF NEBRASKA 249,000.00 10/30/2024 761 -$ -$ -$ 249,000.00$ -$ -$ ENTERPRISE BANK & TRUST 249,000.00 11/8/2024 770 -$ -$ -$ 249,000.00$ -$ -$ TRIAD BANK249,000.00 11/8/2024 770 -$ -$ -$ 249,000.00$ -$ -$ MAINE SAVINGS FCU 245,000.00 11/8/2024 770 -$ -$ -$ 245,000.00$ -$ -$ COMMERCIAL BANK ALMA MI 249,000.00 11/13/2024 775 -$ -$ -$ 249,000.00$ -$ -$ COMMUNITY STATE BANK IL 249,000.00 12/2/2024 794 -$ -$ -$ 249,000.00$ -$ -$ COMMUNITY BANK TEXAS 249,000.00 12/4/2024 796 -$ -$ -$ 249,000.00$ -$ -$ BANK FORWARD 249,000.00 12/18/2024 810 -$ -$ -$ 249,000.00$ -$ -$ FREEDOM FINANCIAL BANK 249,000.00 2/14/2025 868 -$ -$ -$ 249,000.00$ -$ -$ FIRST NATL BANK MICHIGAN 249,000.00 2/14/2025 868 -$ -$ -$ 249,000.00$ -$ -$ AMERICAN STATE BANK IA 249,000.00 2/21/2025 875 -$ -$ -$ 249,000.00$ -$ -$ BELL BANK CORP 249,000.00 2/27/2025 881 -$ -$ -$ 249,000.00$ -$ -$ AMERICAN EAGLE BANK IL 249,000.00 2/28/2025 882 -$ -$ -$ 249,000.00$ -$ -$ HORIZON BANK WAVERLY NE 249,000.00 2/28/2025 882 -$ -$ -$ 249,000.00$ -$ -$ FNB OF ALBANY 249,000.00 2/28/2025 882 -$ -$ -$ 249,000.00$ -$ -$ IOWA STATE BANK 248,000.00 3/5/2025 887 -$ -$ -$ 248,000.00$ -$ -$ ACCESS BANK OMAHA NE 249,000.00 3/13/2025 895 -$ -$ -$ 249,000.00$ -$ -$ MCHENRY SAVINGS BANK 249,000.00 3/13/2025 895 -$ -$ -$ 249,000.00$ -$ -$ FNB BANK INC/ROMNEY 249,000.00 3/18/2025 900 -$ -$ -$ 249,000.00$ -$ -$ HARDIN COUNTY BANK 249,000.00 3/27/2025 909 -$ -$ -$ 249,000.00$ -$ -$ BANK OF ROMNEY 249,000.00 3/27/2025 909 -$ -$ -$ 249,000.00$ -$ -$ SAN FRANCISCO CREDIT 249,000.00 3/27/2025 909 -$ -$ -$ 249,000.00$ -$ -$ CENTRAL BANK 249,000.00 3/27/2025 909 -$ -$ -$ 249,000.00$ -$ -$ KNOXVILLE TVA EMPL CREDIT 249,000.00 3/31/2025 913 -$ -$ -$ 249,000.00$ -$ -$ CENTERSTATE BANK 248,000.00 3/31/2025 913 -$ -$ -$ 248,000.00$ -$ -$ GOLD COAST BANK 249,000.00 4/15/2025 928 -$ -$ -$ 249,000.00$ -$ -$ SYNCHRONY BANK 248,000.00 4/17/2025 930 -$ -$ -$ 248,000.00$ -$ -$ STATE BANK OF INDIA 248,000.00 4/29/2025 942 -$ -$ -$ 248,000.00$ -$ -$ BELMONT BANK & TRUST 249,000.00 4/30/2025 943 -$ -$ -$ 249,000.00$ -$ -$ M1 BANK248,000.00 5/8/2025 951 -$ -$ -$ 248,000.00$ -$ -$ CERTIFICATE OF DEPOSIT4,470,000.00$ 3,482,000.00$ 10,910,000.00$ 7,957,000.00$ -$ -$ Page 12 of 182022/12/06 City Council Post Agenda Page 363 of 1285 City of Chula VistaToday's Date: 9/30/2022Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsCOMMERCIAL PAPER-$ -$ -$ -$ -$ -$ UNITED PARCEL SERVICE INC 3,750,000.00 10/1/202213,750,000.00$ -$ -$ -$ -$ -$ UNITED HEALTH 2,504,000.00 10/15/2022 15 2,504,000.00$ -$ -$ -$ -$ -$ ACE INA HOLDINGS 2,500,000.00 11/3/2022 34 2,500,000.00$ -$ -$ -$ -$ -$ AMERICAN HONDA FINANCE 474,000.00 11/16/2022 47 474,000.00$ -$ -$ -$ -$ -$ TWDC ENTERPRISES 18 CORP 1,500,000.00 12/1/2022 62 1,500,000.00$ -$ -$ -$ -$ -$ COOPERATIVE RABOBANK NY 2,500,000.00 1/10/2023 102 2,500,000.00$ -$ -$ -$ -$ -$ NIKE INC1,200,000.00 5/1/2023 213 -$ 1,200,000.00$ -$ -$ -$ -$ LOEWS CORP 1,500,000.00 5/15/2023 227 -$ 1,500,000.00$ -$ -$ -$ -$ SIMON PROPERTY GROUP LP 2,000,000.00 6/1/2023 244 -$ 2,000,000.00$ -$ -$ -$ -$ JOHN DEERE CAPITAL CORP 2,000,000.00 6/7/2023 250 -$ 2,000,000.00$ -$ -$ -$ -$ CITIGROUP GLOBAL MARKETS 3,500,000.00 7/20/2023 293 -$ 3,500,000.00$ -$ -$ -$ -$ BANK OF AMERICA CORP 1,255,000.00 7/24/2023 297 -$ 1,255,000.00$ -$ -$ -$ -$ PNC BANK NA 2,525,000.00 7/25/2023 298 -$ 2,525,000.00$ -$ -$ -$ -$ BANK OF NEW YORK MELLON CORP 3,000,000.00 8/16/2023 320 -$ 3,000,000.00$ -$ -$ -$ -$ TOYOTA MOTOR CORP 2,500,000.00 8/25/2023 329 -$ 2,500,000.00$ -$ -$ -$ -$ GILEAD SCIENCES 3,092,000.00 9/1/2023 336 -$ 3,092,000.00$ -$ -$ -$ -$ AMERICAN HONDA FINANCE 3,000,000.00 9/8/2023 343 -$ 3,000,000.00$ -$ -$ -$ -$ METLIFE INC3,549,000.00 9/15/2023 350 -$ 3,549,000.00$ -$ -$ -$ -$ CUMMINS INC 3,500,000.00 10/1/2023 366 -$ -$ 3,500,000.00$ -$ -$ -$ CATERPILLAR FINL 3,700,000.00 12/7/2023 433 -$ -$ 3,700,000.00$ -$ -$ -$ GEORGIA-PACIFIC 320,000.00 1/15/2024 472 -$ -$ 320,000.00$ -$ -$ -$ JOHN DEERE CAPITAL CORP 3,000,000.00 3/7/2024 524 -$ -$ 3,000,000.00$ -$ -$ -$ UNILEVER CAPITAL 1,500,000.00 5/5/2024 583 -$ -$ 1,500,000.00$ -$ -$ -$ UNILEVER CAPITAL 2,000,000.00 5/5/2024 583 -$ -$ 2,000,000.00$ -$ -$ -$ APPLE INC250,000.00 5/6/2024 584 -$ -$ 250,000.00$ -$ -$ -$ APPLE INC650,000.00 5/11/2024 589 -$ -$ 650,000.00$ -$ -$ -$ TEXAS INSTRUMENTS 1,000,000.00 5/15/2024 593 -$ -$ 1,000,000.00$ -$ -$ -$ BANK OF NEW YORK MELLON CORP 600,000.00 5/15/2024 593 -$ -$ 600,000.00$ -$ -$ -$ IBM CORP3,000,000.00 5/15/2024 593 -$ -$ 3,000,000.00$ -$ -$ -$ ASTRAZENECA FINANCE LLC 2,500,000.00 5/28/2024 606 -$ -$ 2,500,000.00$ -$ -$ -$ ONCOR ELECTRIC DELIVERY 475,000.00 6/1/2024 610 -$ -$ 475,000.00$ -$ -$ -$ HORMEL FOODS CORP 3,000,000.00 6/3/2024 612 -$ -$ 3,000,000.00$ -$ -$ -$ WALMART INC 3,900,000.00 7/8/2024 647 -$ -$ 3,900,000.00$ -$ -$ -$ SALESFORCE.COM INC 450,000.00 7/15/2024 654 -$ -$ 450,000.00$ -$ -$ -$ UNITED HEALTH 3,000,000.00 8/15/2024 685 -$ -$ 3,000,000.00$ -$ -$ -$ EXXON MOBIL CO 1,000,000.00 8/16/2024 686 -$ -$ 1,000,000.00$ -$ -$ -$ AMAZON.COM INC 226,000.00 8/22/2024 692 -$ -$ 226,000.00$ -$ -$ -$ BURLINGTON NORTH SANTA FE 1,000,000.00 9/1/2024 702 -$ -$ 1,000,000.00$ -$ -$ -$ BURLINGTON NORTH SANTA FE 3,000,000.00 9/1/2024 702 -$ -$ 3,000,000.00$ -$ -$ -$ COCA-COLA CO 3,200,000.00 9/6/2024 707 -$ -$ 3,200,000.00$ -$ -$ -$ PAYPAL HOLDING 950,000.00 10/1/2024 732 -$ -$ -$ 950,000.00$ -$ -$ BANK OF NEW YORK MELLON CORP 1,000,000.00 10/24/2024 755 -$ -$ -$ 1,000,000.00$ -$ -$ CATERPILLAR FINL 3,000,000.00 11/8/2024 770 -$ -$ -$ 3,000,000.00$ -$ -$ HERSHEY COMPANY 677,000.00 11/15/2024 777 -$ -$ -$ 677,000.00$ -$ -$ ADOBE SYSTEMS INC 2,595,000.00 2/1/2025 855 -$ -$ -$ 2,595,000.00$ -$ -$ PACCAR FINANCIAL 1,000,000.00 2/6/2025 860 -$ -$ -$ 1,000,000.00$ -$ -$ TOYOTA MOTOR CORP 1,000,000.00 2/13/2025 867 -$ -$ -$ 1,000,000.00$ -$ -$ 3M COMPANY 2,500,000.00 2/14/2025 868 -$ -$ -$ 2,500,000.00$ -$ -$ WW GRAINGER INC 580,000.00 2/15/2025 869 -$ -$ -$ 580,000.00$ -$ -$ JOHN DEERE CAPITAL CORP 1,250,000.00 3/13/2025 895 -$ -$ -$ 1,250,000.00$ -$ -$ AMAZON.COM INC 3,000,000.00 4/13/2025 926 -$ -$ -$ 3,000,000.00$ -$ -$ TARGET CORP 3,000,000.00 4/15/2025 928 -$ -$ -$ 3,000,000.00$ -$ -$ APPLE INC1,131,000.00 5/11/2025 954 -$ -$ -$ 1,131,000.00$ -$ -$ HONEYWELL INTERNATIONAL 3,000,000.00 6/1/2025 975 -$ -$ -$ 3,000,000.00$ -$ -$ AMAZON.COM INC 1,678,000.00 6/3/2025 977 -$ -$ -$ 1,678,000.00$ -$ -$ Page 13 of 182022/12/06 City Council Post Agenda Page 364 of 1285 City of Chula VistaToday's Date: 9/30/2022Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsJP MORGAN CHASE 2,000,000.00 7/15/2025 1019 -$ -$ -$ 2,000,000.00$ -$ -$ STATE STREET CORP 1,600,000.00 8/18/2025 1053 -$ -$ -$ 1,600,000.00$ -$ -$ CUMMINS INC743,000.00 9/1/2025 1067 -$ -$ -$ 743,000.00$ -$ -$ CUMMINS INC 2,257,000.00 9/1/2025 1067 -$ -$ -$ 2,257,000.00$ -$ -$ HOME DEPOT INC 3,200,000.00 9/15/2025 1081 -$ -$ -$ 3,200,000.00$ -$ -$ TOYOTA MOTOR CORP 3,000,000.00 10/16/2025 1112 -$ -$ -$ -$ 3,000,000.00$ -$ VISA INC2,500,000.00 12/14/2025 1171 -$ -$ -$ -$ 2,500,000.00$ -$ INTEL CORP2,374,000.00 5/19/2026 1327 -$ -$ -$ -$ 2,374,000.00$ -$ WALMART INC 1,900,000.00 7/8/2026 1377 -$ -$ -$ -$ 1,900,000.00$ -$ HONEYWELL INTERNATIONAL 1,185,000.00 11/1/2026 1493 -$ -$ -$ -$ -$ 1,185,000.00$ NIKE INC1,035,000.00 11/1/2026 1493 -$ -$ -$ -$ -$ 1,035,000.00$ BANK OF AMERICA CORP 4,000,000.00 3/2/2027 1614 -$ -$ -$ -$ -$ 4,000,000.00$ CHARLES SCHWAB CORP 2,205,000.00 3/3/2027 1615 -$ -$ -$ -$ -$ 2,205,000.00$ PEPSICO INC 1,935,000.00 3/19/2027 1631 -$ -$ -$ -$ -$ 1,935,000.00$ MERCK & CO INC 3,200,000.00 6/10/2027 1714 -$ -$ -$ -$ -$ 3,200,000.00$ CORPORATE NOTE13,228,000.00$ 29,121,000.00$ 41,271,000.00$ 36,161,000.00$ 9,774,000.00$ 13,560,000.00$ FANNIE MAE (FNMA) 3,000,000.00 10/5/202253,000,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 12/9/2022 70 3,000,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 2/17/2023 140 3,000,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,400,000.00 3/9/2023 160 2,400,000.00$ -$ -$ -$ -$ -$ FREDDIE MAC (FHLMC) 2,000,000.00 6/19/2023 262 -$ 2,000,000.00$ -$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 7/24/2023 297 -$ 3,000,000.00$ -$ -$ -$ -$ FED FARM CREDIT (FFCB) 2,719,000.00 8/14/2023 318 -$ 2,719,000.00$ -$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,500,000.00 10/12/2023 377 -$ -$ 3,500,000.00$ -$ -$ -$ FREDDIE MAC (FHLMC) 3,000,000.00 10/16/2023 381 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,750,000.00 10/27/2023 392 -$ -$ 3,750,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 11/9/2023 405 -$ -$ 3,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 11/22/2023 418 -$ -$ 3,500,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 11/24/2023 420 -$ -$ 3,000,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 12/20/2023 446 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 4,000,000.00 1/26/2024 483 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,500,000.00 2/7/2024 495 -$ -$ 2,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,500,000.00 2/23/2024 511 -$ -$ 2,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 1,600,000.00 2/26/2024 514 -$ -$ 1,600,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB) 2,500,000.00 3/8/2024 525 -$ -$ 2,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 3/28/2024 545 -$ -$ 3,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,720,000.00 4/25/2024 573 -$ -$ 2,720,000.00$ -$ -$ -$ FREDDIE MAC (FHLMC) 1,950,000.00 6/10/2024 619 -$ -$ 1,950,000.00$ -$ -$ -$ FANNIE MAE (FNMA) 2,140,000.00 6/14/2024 623 -$ -$ 2,140,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 4,000,000.00 6/28/2024 637 -$ -$ 4,000,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 7/2/2024 641 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,090,000.00 7/19/2024 658 -$ -$ 2,090,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,200,000.00 7/26/2024 665 -$ -$ 3,200,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,300,000.00 8/23/2024 693 -$ -$ 2,300,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 8/26/2024 696 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 4,000,000.00 9/16/2024 717 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 9/23/2024 724 -$ -$ 3,000,000.00$ -$ -$ -$ FARMER MAC (FAMCA) 4,000,000.00 9/26/2024 727 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,200,000.00 9/30/2024 731 -$ -$ -$ 3,200,000.00$ -$ -$ FED FARM CREDIT (FFCB) 1,000,000.00 10/17/2024 748 -$ -$ -$ 1,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 10/25/2024 756 -$ -$ -$ 3,500,000.00$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 11/1/2024 763 -$ -$ -$ 3,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 2,300,000.00 11/18/2024 780 -$ -$ -$ 2,300,000.00$ -$ -$ FED HOME LN BANK (FHLB) 1,000,000.00 11/25/2024 787 -$ -$ -$ 1,000,000.00$ -$ -$ FED FARM CREDIT (FFCB) 1,500,000.00 1/6/2025 829 -$ -$ -$ 1,500,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 3/14/2025 896 -$ -$ -$ 3,000,000.00$ -$ -$ Page 14 of 182022/12/06 City Council Post Agenda Page 365 of 1285 City of Chula VistaToday's Date: 9/30/2022Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsFED HOME LN BANK (FHLB) 3,000,000.00 3/24/2025 906 -$ -$ -$ 3,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 3/28/2025 910 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB) 2,500,000.00 4/21/2025 934 -$ -$ -$ 2,500,000.00$ -$ -$ FED HOME LN BANK (FHLB) 1,730,000.00 4/28/2025 941 -$ -$ -$ 1,730,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 5/23/2025 966 -$ -$ -$ 3,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 2,500,000.00 6/13/2025 987 -$ -$ -$ 2,500,000.00$ -$ -$ FANNIE MAE (FNMA) 4,000,000.00 6/17/2025 991 -$ -$ -$ 4,000,000.00$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 6/23/2025 997 -$ -$ -$ 3,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 6/27/2025 1001 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 6/30/2025 1004 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 7/18/2025 1022 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 7/25/2025 1029 -$ -$ -$ 3,000,000.00$ -$ -$ FANNIE MAE (FNMA) 4,000,000.00 8/25/2025 1060 -$ -$ -$ 4,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 4,000,000.00 8/29/2025 1064 -$ -$ -$ 4,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 4,000,000.00 9/12/2025 1078 -$ -$ -$ 4,000,000.00$ -$ -$ FREDDIE MAC (FHLMC) 4,000,000.00 9/24/2025 1090 -$ -$ -$ 4,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 10/14/2025 1110 -$ -$ -$ -$ 3,500,000.00$ -$ FED FARM CREDIT (FFCB) 3,200,000.00 10/20/2025 1116 -$ -$ -$ -$ 3,200,000.00$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 10/29/2025 1125 -$ -$ -$ -$ 3,500,000.00$ -$ FANNIE MAE (FNMA) 3,500,000.00 11/7/2025 1134 -$ -$ -$ -$ 3,500,000.00$ -$ FED FARM CREDIT (FFCB) 2,030,000.00 11/17/2025 1144 -$ -$ -$ -$ 2,030,000.00$ -$ FED FARM CREDIT (FFCB) 3,500,000.00 1/27/2026 1215 -$ -$ -$ -$ 3,500,000.00$ -$ FED FARM CREDIT (FFCB) 3,500,000.00 3/10/2026 1257 -$ -$ -$ -$ 3,500,000.00$ -$ FED FARM CREDIT (FFCB) 1,666,000.00 8/24/2026 1424 -$ -$ -$ -$ 1,666,000.00$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 8/25/2026 1425 -$ -$ -$ -$ 3,500,000.00$ -$ FED FARM CREDIT (FFCB) 1,000,000.00 9/28/2026 1459 -$ -$ -$ -$ 1,000,000.00$ -$ FED HOME LN BANK (FHLB) 3,750,000.00 10/21/2026 1482 -$ -$ -$ -$ -$ 3,750,000.00$ FED HOME LN BANK (FHLB) 2,600,000.00 11/23/2026 1515 -$ -$ -$ -$ -$ 2,600,000.00$ FED FARM CREDIT (FFCB) 3,500,000.00 9/15/2027 1811 -$ -$ -$ -$ -$ 3,500,000.00$ FEDERAL AGENCY BOND/NOTE11,400,000.00$ 7,719,000.00$ 75,250,000.00$ 71,230,000.00$ 28,896,000.00$ 9,850,000.00$ U.S. TREASURY NOTE 2,000,000.00 10/31/2022 31 2,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/30/2022 61 3,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 2,500,000.00 2/28/2023 151 2,500,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,500,000.00 10/31/2023 396 -$ -$ 3,500,000.00$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/15/2023 411 -$ -$ 3,000,000.00$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/30/2023 426 -$ -$ 3,000,000.00$ -$ -$ -$ U.S. TREASURY NOTE7,500,000.00$ -$ 9,500,000.00$ -$ -$ -$ BAY AREA CA TOLL AUTH 2,500,000.00 4/1/2023 183 -$ 2,500,000.00$ -$ -$ -$ -$ PORT OF OAKLAND 1,050,000.00 5/1/2023 213 -$ 1,050,000.00$ -$ -$ -$ -$ UNIV OF CALIFORNIA 2,000,000.00 5/15/2023 227 -$ 2,000,000.00$ -$ -$ -$ -$ CALIFORNIA HEALTH FACILITY FIN AUTH1,000,000.00 6/1/2023 244 -$ 1,000,000.00$ -$ -$ -$ -$ CITY OF ONTARIO CA 200,000.00 6/1/2023 244 -$ 200,000.00$ -$ -$ -$ -$ SOUTHERN CA PUBLIC POWER AUTH3,960,000.00 7/1/2023 274 -$ 3,960,000.00$ -$ -$ -$ -$ GARDEN GROVE UNIFIED SD 245,000.00 8/1/2023 305 -$ 245,000.00$ -$ -$ -$ -$ POWAY UNIFIED SCHOOL DIST 1,000,000.00 8/1/2023 305 -$ 1,000,000.00$ -$ -$ -$ -$ COACHELLA VALLEY USD 555,000.00 8/1/2023 305 -$ 555,000.00$ -$ -$ -$ -$ SAN RAFAEL ELEM SCH DIST 980,000.00 8/1/2023 305 -$ 980,000.00$ -$ -$ -$ -$ WEST CONTRA COSTA USD 500,000.00 8/1/2023 305 -$ 500,000.00$ -$ -$ -$ -$ POMONA PENSION OBLG 500,000.00 8/1/2023 305 -$ 500,000.00$ -$ -$ -$ -$ STATE OF CALIFORNIA 2,500,000.00 10/1/2023 366 -$ -$ 2,500,000.00$ -$ -$ -$ STATE OF CALIFORNIA 4,000,000.00 10/1/2023 366 -$ -$ 4,000,000.00$ -$ -$ -$ CALIFORNIA STATE UNIVERSITY 400,000.00 11/1/2023 397 -$ -$ 400,000.00$ -$ -$ -$ BAKERSFIELD SCHOOL DISTRICT 335,000.00 11/1/2023 397 -$ -$ 335,000.00$ -$ -$ -$ STATE OF CALIFORNIA 3,000,000.00 4/1/2024 549 -$ -$ 3,000,000.00$ -$ -$ -$ CITY OF RIVERSIDE PENSN OBLG 250,000.00 6/1/2024 610 -$ -$ 250,000.00$ -$ -$ -$ CENTRAL UNIFIED SCHOOL DISTRICT795,000.00 7/1/2024 640 -$ -$ 795,000.00$ -$ -$ -$ Page 15 of 182022/12/06 City Council Post Agenda Page 366 of 1285 City of Chula VistaToday's Date: 9/30/2022Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsSAN RAFAEL ELEM SCH DIST 1,200,000.00 8/1/2024 671 -$ -$ 1,200,000.00$ -$ -$ -$ SANTA MONICA-MALIBU USD 250,000.00 8/1/2024 671 -$ -$ 250,000.00$ -$ -$ -$ GILROY UNIFIED SD 500,000.00 8/1/2024 671 -$ -$ 500,000.00$ -$ -$ -$ LONG BEACH CCD 1,315,000.00 8/1/2024 671 -$ -$ 1,315,000.00$ -$ -$ -$ COACHELLA VALLEY USD 365,000.00 8/1/2024 671 -$ -$ 365,000.00$ -$ -$ -$ SAN BERNARDINO CCD 700,000.00 8/1/2024 671 -$ -$ 700,000.00$ -$ -$ -$ SAN BERNARDINO CCD 1,000,000.00 8/1/2024 671 -$ -$ 1,000,000.00$ -$ -$ -$ SONOMA CNTY JR COLLEGE DIST 1,000,000.00 8/1/2024 671 -$ -$ 1,000,000.00$ -$ -$ -$ VAL VERDE UNIFIED SCH DIST 215,000.00 8/1/2024 671 -$ -$ 215,000.00$ -$ -$ -$ OAK GROVE SCHOOL DISTRICT 200,000.00 8/1/2024 671 -$ -$ 200,000.00$ -$ -$ -$ CARSON REDEV AGY TAB 600,000.00 8/1/2024 671 -$ -$ 600,000.00$ -$ -$ -$ SANTA MARIA JT UHSD 400,000.00 8/1/2024 671 -$ -$ 400,000.00$ -$ -$ -$ SANTA ANA CMNTY REDEV AGY 2,000,000.00 9/1/2024 702 -$ -$ 2,000,000.00$ -$ -$ -$ CALIFORNIA STATE UNIVERSITY 450,000.00 11/1/2024 763 -$ -$ -$ 450,000.00$ -$ -$ NATIONAL CITY PENSN OBLIG 300,000.00 11/1/2024 763 -$ -$ -$ 300,000.00$ -$ -$ STATE OF CONNECTICUT 1,700,000.00 1/15/2025 838 -$ -$ -$ 1,700,000.00$ -$ -$ STATE OF CALIFORNIA 750,000.00 3/1/2025 883 -$ -$ -$ 750,000.00$ -$ -$ SAN FRANCISCO CITY/CNTY PORT COMM255,000.00 3/1/2025 883 -$ -$ -$ 255,000.00$ -$ -$ GARDENA PENSN OBLIG 250,000.00 4/1/2025 914 -$ -$ -$ 250,000.00$ -$ -$ PORT OF OAKLAND 1,030,000.00 5/1/2025 944 -$ -$ -$ 1,030,000.00$ -$ -$ CA STWD CMNTY DEV TRANS 1,000,000.00 6/1/2025 975 -$ -$ -$ 1,000,000.00$ -$ -$ CITY OF ONTARIO CA POB 1,000,000.00 6/1/2025 975 -$ -$ -$ 1,000,000.00$ -$ -$ UNIV OF CALIFORNIA 1,600,000.00 7/1/2025 1005 -$ -$ -$ 1,600,000.00$ -$ -$ SAN JOSE SUCCESSOR AGY 4,675,000.00 8/1/2025 1036 -$ -$ -$ 4,675,000.00$ -$ -$ CITY OF SAN BERNARDINO USD 2,250,000.00 8/1/2025 1036 -$ -$ -$ 2,250,000.00$ -$ -$ COLTON UNIFIED SD 2,475,000.00 8/1/2025 1036 -$ -$ -$ 2,475,000.00$ -$ -$ CARPINTERIA UNIFIED SCH DIST 1,210,000.00 8/1/2025 1036 -$ -$ -$ 1,210,000.00$ -$ -$ POMONA PENSION OBLG 1,675,000.00 8/1/2025 1036 -$ -$ -$ 1,675,000.00$ -$ -$ SAN JOSE GEN OBLIG 1,240,000.00 9/1/2025 1067 -$ -$ -$ 1,240,000.00$ -$ -$ SAN JOSE GEN OBLIG 1,035,000.00 9/1/2025 1067 -$ -$ -$ 1,035,000.00$ -$ -$ STATE OF HAWAII 2,290,000.00 10/1/2025 1097 -$ -$ -$ -$ 2,290,000.00$ -$ CALIFORNIA STATE UNIVERSITY 775,000.00 11/1/2025 1128 -$ -$ -$ -$ 775,000.00$ -$ CALIFORNIA STATE UNIVERSITY 2,500,000.00 11/1/2025 1128 -$ -$ -$ -$ 2,500,000.00$ -$ STATE OF CALIFORNIA 3,200,000.00 4/1/2026 1279 -$ -$ -$ -$ 3,200,000.00$ -$ HUNTINGTON BEACH UHSD 3,510,000.00 8/1/2026 1401 -$ -$ -$ -$ 3,510,000.00$ -$ CITY OF LOS ANGELES 1,085,000.00 9/1/2026 1432 -$ -$ -$ -$ 1,085,000.00$ -$ STATE OF CONNECTICUT 3,000,000.00 9/15/2026 1446 -$ -$ -$ -$ 3,000,000.00$ -$ UNIV OF CALIFORNIA 1,340,000.00 5/15/2027 1688 -$ -$ -$ -$ -$ 1,340,000.00$ SEQUOIA UHSD 2,150,000.00 7/1/2027 1735 -$ -$ -$ -$ -$ 2,150,000.00$ SADDLEBACK USD 1,805,000.00 8/1/2027 1766 -$ -$ -$ -$ -$ 1,805,000.00$ SAN DIEGO CCD 1,300,000.00 8/1/2027 1766 -$ -$ -$ -$ -$ 1,300,000.00$ MUNICIPAL BOND-$ 14,490,000.00$ 21,025,000.00$ 22,895,000.00$ 16,360,000.00$ 6,595,000.00$ INTL FINANCE CORP (IFC) 1,900,000.00 6/24/2024 633 -$ -$ 1,900,000.00$ -$ -$ -$ INTERAMER DEV (IADB) 3,000,000.00 9/23/2024 724 -$ -$ 3,000,000.00$ -$ -$ -$ INTL BK RECON & DEVELOP (IBRD) 3,000,000.00 11/25/2024 787 -$ -$ -$ 3,000,000.00$ -$ -$ INTL BK RECON & DEVELOP (IBRD) 3,500,000.00 7/29/20251033 -$ -$ -$ 3,500,000.00$ -$ -$ INTERAMER DEV (IADB) 3,000,000.00 6/2/2026 1341 -$ -$ -$ -$ 3,000,000.00$ -$ INTL FINANCE CORP (IFC) 4,000,000.00 10/8/2026 1469 -$ -$ -$ -$ -$ 4,000,000.00$ SUPRANATIONAL-$ -$ 4,900,000.00$ 6,500,000.00$ 3,000,000.00$ 4,000,000.00$ NEIGHBORHOOD NATIONAL BANK 4,236,680.61 8/17/2023 321 -$ 4,236,680.61$ -$ -$ -$ -$ PLACEMENT SERVICE DEPOSITS-$ 4,236,680.61$ -$ -$ -$ -$ Total36,598,000.00$ 59,048,680.61$ 162,856,000.00$ 145,903,000.00$ 58,030,000.00$ 34,005,000.00$ Note: Excludes Pooled Investments and Bank of New York Mellon Money Market FundGrand Total 496,440,680.61$ Page 16 of 182022/12/06 City Council Post Agenda Page 367 of 1285 City of Chula Vista Corporate Bonds - Sector Distribution SecurityTypeDesc Maturity CUSIP YTM BNY Market Value GICS Sector UNITED PARCEL SERVICE INC 10/1/2022 911312AQ9 3.37 3,750,000.00 Industrials UNITED HEALTH 10/15/2022 91324PDD1 2.21 2,502,172.08 Health Care ACE INA HOLDINGS 11/3/2022 00440EAU1 1.78 2,495,650.00 Financials AMERICAN HONDA FINANCE 11/16/2022 02665WCA7 2.25 472,724.94 Consumer Discretionary TWDC ENTERPRISES 18 CORP 12/1/2022 25468PCW4 1.93 1,496,115.00 Communication Services COOPERATIVE RABOBANK NY 1/10/2023 21688AAL6 2.91 2,491,950.00 Financials NIKE INC 5/1/2023 654106AC7 2.09 1,188,216.00 Consumer Discretionary LOEWS CORP 5/15/2023 540424AQ1 1.74 1,484,655.00 Financials SIMON PROPERTY GROUP LP 6/1/2023 828807DD6 1.92 1,976,020.00 Real Estate JOHN DEERE CAPITAL CORP 6/7/2023 24422EUH0 1.72 1,991,860.00 Industrials CITIGROUP GLOBAL MARKETS 7/20/2023 17330PSX8 3.75 3,449,285.00 Financials BANK OF AMERICA CORP 7/24/2023 06053FAA7 0.74 1,251,423.25 Financials PNC BANK NA 7/25/2023 69349LAM0 0.89 2,511,087.25 Financials BANK OF NEW YORK MELLON CORP 8/16/2023 06406FAD5 0.84 2,940,810.00 Financials TOYOTA MOTOR CORP 8/25/2023 89236THA6 0.79 2,427,350.00 Consumer Discretionary GILEAD SCIENCES 9/1/2023 375558BL6 2.54 3,027,717.32 Health Care AMERICAN HONDA FINANCE 9/8/2023 02665WDM0 0.83 2,888,400.00 Consumer Discretionary METLIFE INC 9/15/2023 59156RBB3 0.86 3,536,826.93 Financials CUMMINS INC 10/1/2023 231021AR7 2.22 3,473,435.00 Industrials CATERPILLAR FINL 12/7/2023 14913Q2S7 2.56 3,659,337.00 Industrials GEORGIA-PACIFIC 1/15/2024 373298CF3 2.42 332,688.00 Materials JOHN DEERE CAPITAL CORP 3/7/2024 24422EUX5 1.22 2,916,120.00 Industrials UNILEVER CAPITAL 5/5/2024 904764AX5 1.75 1,455,750.00 Consumer Staples UNILEVER CAPITAL 5/5/2024 904764AX5 1.79 1,941,000.00 Consumer Staples APPLE INC 5/6/2024 037833AS9 1.63 245,872.50 Information Technology APPLE INC 5/11/2024 037833CU2 1.69 634,127.00 Information Technology TEXAS INSTRUMENTS 5/15/2024 882508BB9 2.28 974,100.00 Information Technology BANK OF NEW YORK MELLON CORP 5/15/2024 06406HCV9 1.36 588,300.00 Financials IBM CORP 5/15/2024 459200JY8 0.60 2,918,730.00 Information Technology ASTRAZENECA FINANCE LLC 5/28/2024 04636NAC7 1.10 2,342,275.00 Health Care ONCOR ELECTRIC DELIVERY 6/1/2024 68233JBM5 1.08 460,146.75 Utilities HORMEL FOODS CORP 6/3/2024 440452AG5 1.19 2,805,900.00 Consumer Staples WALMART INC 7/8/2024 931142EL3 2.71 3,789,786.00 Consumer Discretionary SALESFORCE.COM INC 7/15/2024 79466LAG9 0.96 419,557.50 Information Technology UNITED HEALTH 8/15/2024 91324PDR0 0.58 2,882,400.00 Health Care EXXON MOBIL CO 8/16/2024 30231GBC5 0.65 953,780.00 Energy AMAZON.COM INC 8/22/2024 023135AZ9 1.88 219,531.88 Consumer Discretionary BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 1.87 976,810.00 Industrials BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 0.97 2,930,430.00 Industrials COCA-COLA CO 9/6/2024 191216CL2 0.95 3,048,576.00 Consumer Staples PAYPAL HOLDING 10/1/2024 70450YAC7 0.67 907,022.00 Information Technology BANK OF NEW YORK MELLON CORP 10/24/2024 06406RAL1 1.15 947,780.00 Financials CATERPILLAR FINL 11/8/2024 14913Q3B3 1.06 2,853,990.00 Industrials HERSHEY COMPANY 11/15/2024 427866BC1 1.87 643,881.16 Consumer Staples ADOBE SYSTEMS INC 2/1/2025 00724FAC5 3.11 2,516,163.90 Information Technology PACCAR FINANCIAL 2/6/2025 69371RQ66 0.66 936,360.00 Financials TOYOTA MOTOR CORP 2/13/2025 89236TGT6 1.03 933,450.00 Consumer Discretionary 3M COMPANY 2/14/2025 88579YBH3 1.44 2,339,000.00 Industrials WW GRAINGER INC 2/15/2025 384802AE4 0.70 543,703.60 Industrials JOHN DEERE CAPITAL CORP 3/13/2025 24422EUE7 1.08 1,212,750.00 Industrials AMAZON.COM INC 4/13/2025 023135CE4 2.99 2,881,500.00 Consumer Discretionary TARGET CORP 4/15/2025 87612EBL9 1.75 2,830,440.00 Consumer Discretionary APPLE INC 5/11/2025 037833DT4 1.12 1,036,312.68 Information Technology HONEYWELL INTERNATIONAL 6/1/2025 438516CB0 1.14 2,761,530.00 Industrials AMAZON.COM INC 6/3/2025 023135BQ8 1.19 1,522,097.02 Consumer Discretionary JP MORGAN CHASE 7/15/2025 46625HMN7 1.85 1,934,500.00 Financials STATE STREET CORP 8/18/2025 857477AT0 3.09 1,545,776.00 Financials CUMMINS INC 9/1/2025 231021AU0 1.28 667,325.45 Industrials CUMMINS INC 9/1/2025 231021AU0 1.18 2,027,124.55 Industrials HOME DEPOT INC 9/15/2025 437076BK7 3.09 3,090,336.00 Consumer Discretionary TOYOTA MOTOR CORP 10/16/2025 89236THP3 1.42 2,660,100.00 Consumer Discretionary VISA INC 12/14/2025 92826CAD4 2.74 2,387,175.00 Financials INTEL CORP 5/19/2026 458140AU4 1.34 2,204,306.48 Information Technology WALMART INC 7/8/2026 931142EM1 4.11 1,811,517.00 Consumer Discretionary HONEYWELL INTERNATIONAL 11/1/2026 438516BL9 3.03 1,089,074.25 Industrials NIKE INC 11/1/2026 654106AF0 3.14 944,033.85 Consumer Discretionary BANK OF AMERICA CORP 3/2/2027 06048WS84 2.75 3,581,640.00 Financials Page 17 of 182022/12/06 City Council Post Agenda Page 368 of 1285 City of Chula Vista Corporate Bonds - Sector Distribution SecurityTypeDesc Maturity CUSIP YTM BNY Market Value GICS Sector CHARLES SCHWAB CORP 3/3/2027 808513BY0 3.35 1,979,649.00 Financials PEPSICO INC 3/19/2027 713448ER5 3.14 1,776,368.70 Consumer Staples MERCK & CO INC 6/10/2027 58933YBC8 3.18 2,794,496.00 Health Care Total 137,210,318.04 GICS Sector Amount Percent Information Technology 11,856,192.06 8.64% Financials 34,062,867.43 24.83% Real Estate 1,976,020.00 1.44% Consumer Discretionary 27,659,482.69 20.16% Industrials 33,192,489.85 24.19% Consumer Staples 11,671,475.86 8.51% Energy 953,780.00 0.70% Utilities 460,146.75 0.34% Materials 332,688.00 0.24% Communication Services 1,496,115.00 1.09% Health Care 13,549,060.40 9.87% Total 137,210,318.04 100.00% 8.64% 24.83% 1.44% 20.16% 24.19% 8.51% 0.70% 0.34% 0.24%1.09%9.87% Corporate Bonds - Sector Distribution Information Technology Financials Real Estate Consumer Discretionary Industrials Consumer Staples Energy Utilities Materials Communication Services Health Care Page 18 of 182022/12/06 City Council Post Agenda Page 369 of 1285 % of Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio BNY Custodial Cash Account $417,179 $417,179 $417,179 0.06% U.S. Treasury Bond/Note 17,000,000 16,654,840 17,077,142 2.47% Federal Agency Collateralized Mtg Ob. 0 0 0 0.00% Federal Agency Bond/Note 204,345,000 192,670,122 203,689,628 29.41% Corporate Note 143,115,000 137,210,318 145,474,304 21.01% Commercial Paper 0 0 0 0.00% Certificate of Deposit 26,819,000 25,766,548 26,821,305 3.87% Municipal Bond 81,365,000 77,171,956 81,412,430 11.76% Supranationals 18,400,000 17,090,592 18,264,469 2.64% Asset Back Security/Collateralized Mtg Ob. 1,160,000 1,159,643 1,205,862 0.17% Placement Service Deposits (CDARS) 4,236,681 4,236,681 4,236,681 0.61% Managed Investment Portfolio Subtotal 496,857,860 472,377,878 498,599,000 72.00% Pooled Investments State of CA Local Agency Investment Fund 11,822,256 11,594,808 11,822,256 1.71% County of San Diego Pooled Investment Fund 23,276,455 22,180,134 23,276,455 3.36% Pooled Investments Subtotal 35,098,711 33,774,941 35,098,711 5.07% Investments Held by the City 531,956,571 506,152,819 533,697,711 8.43% Cash/Time Deposits 38,973,672 38,973,672 38,973,672 5.63% Total Cash & Investments Held by the City $570,930,243 $545,126,491 $572,671,383 82.69% Held by Bank Trustee/Fiduciary Funds Investment Agreements 0 0 0 0.00% Mutual Funds 22,844,630 22,577,643 22,844,630 3.30% Cash with Fiscal Agents 2,375,893 2,375,893 2,375,893 0.34% Restricted Cash 9,887,284 9,887,284 9,887,284 1.43% U.S. Government 84,737,912 84,737,912 84,737,912 12.24% Total Held by Bank Trustee/Fiduciary Funds $119,845,719 $119,578,732 $119,845,719 17.31% Total Portfolio $690,775,962 $664,705,223 $692,517,102 100.00% Notes: 1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants. 2. Par value is the principal amount of the investment on maturity. 3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy. 4. Book value is par value of the security plus or minus any premium or discount on the security. Summary of Cash and Investments as of September 30, 2022 City of Chula Vista 2022/12/06 City Council Post Agenda Page 370 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Appropriation: Amend the Fiscal Year 2022/23 Capital Improvement Program Budget and American Rescue Plan Act Spending Plan to Appropriate Funds to Fire Station #1 and Rehabilitation to Former YMCA Building Projects and Rename the Project “Casa Casillas” Report Number: 22-0308 Location: 447 F Street (F Street & Fourth Avenue); 50 Fourth Avenue (C Street & Fourth Avenue) Department: Finance Environmental Notice: These Projects qualify for Categorical Exemptions pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 Class 3 (New Construction or Conversion of Small Structures). Recommended Action Adopt a resolution: 1) amending the Fiscal Year 2022/23 Capital Improvement Program (CIP), appropriating $3.6 Million from the 2016 Measure P Sales Tax Fund for the Fire Station #1 Repair/Replace project (GGV0252), including a $347,616 transfer from the completed Fire Stations Repair/Replace project (GGV0230) and $3,252,384 from fund balance; and 2) amending the American Rescue Plan Act Spending Plan and appropriating $1.45 Million from the American Rescue Plan Act 2021 Fund for the Rehabilitation to the Former YMCA Building project (GGV0262), to be renamed “Casa Casillas.” (4/5 Vote Required) SUMMARY This action will approve budget adjustments to the Fiscal Year 2022-2023 CIP budget for Fire Station #1 Repair/Replace (GGV0252) in accordance with staff recommendations and approve budget adjustments for the Rehabilitation to the Former YMCA Building (GGV0262) project in accordance with staff’s proposed amendments to the American Rescue Plan Act Spending Plan. 2016 Measure P Sales Tax On November 8, 2016, Chula Vista voters approved Measure P, authorizing a one-half cent sales tax increase on retail sales within the City for a period of ten (10) years to repair failed or failing assets throughout the city. The City Council adopted the Intended Infrastructure, Facilities and Equipment Expenditure Plan (Spending Plan) on December 6, 2016, relating to the expenditure of the Measure P Sales Tax. Staff 2022/12/06 City Council Post Agenda Page 371 of 1285 P a g e | 2 recommends amending the FY 2022-23 Capital Improvement Program budget to appropriate $3.6 million in funds to complete the Fire Station #1 (GGV0252) project, for a total estimated cost of $7.3 million, including a $347,616 transfer from the completed Fire Stations Repair/Replace project (GGV0230) and $3,252,384 from fund balance. American Rescue Plan Act of 2021 On May 10, 2021, the U.S. Department of the Treasury (the “Treasury”) announced the launch of the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”), established by the American Rescue Plan Act of 2021 (“ARPA”), to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments. The SLFRF provides substantial flexibility for each jurisdiction to meet local needs—including support for households, small businesses, impacted industries, essential workers, and the communities hardest-hit by the crisis. On August 24, 2021, the City Council approved the appropriation of $28.76 million from the ARPA funds, including an appropriation of $14 million from the ARPA account into Governmental Funds and the addition of 10.0 positions to the General Fund. Since the original spending plan was approved, several amendments were approved to expedite project operations and ensure compliance with federal guidelines. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Per Ordinance 3371, the function of the Measure P Citizen Oversight Committee (“COC”) is to review and report on City compliance with the terms provisions of Measure P and the spending guidelines contained in the Measure P Spending Plan presented and approved by the City Council. The Fire Station #1 Repair/Replace (GGV0252) project includes recent estimated construction cost increases necessary to bring the facility to a functional level and to respond to current construction costs. These are eligible expenditures identified in the Measure P Spending Plan and Council approval of the appropriation is necessary prior to the next COC meeting to maintain the project construction schedule. The item will be scheduled for COC consideration as soon as the next meeting, on January 26, 2023, and any Spending Plan compliance input from the Committee will be brought back to City Council for consideration soon afterward. DISCUSSION 2016 Measure P Sales Tax Fund Amendment – CIP Project Fire Station #1 Repair/Replace (GGV0252) Fire Station #1 2022/12/06 City Council Post Agenda Page 372 of 1285 P a g e | 3 The Chula Vista Fire Department celebrated its centennial in 2021, having proudly served the City of Chula Vista and nearby communities for over one hundred years. Fire Station 1, located at 447 F Street, opened in 1948. Today, Fire Station 1 serves the Downtown, Bayfront, and Northwest portions of the City of Chula Vista and serves as a Battalion Headquarters. As one of the City’s aging fire stations, Staff has determined a need for amending the Measure P Spending Plan to include an additional $3,600,000 in appropriations for the Fire Station #1 Repair/Replace project to ensure project completion. Funding is available from: 1) excess Measure P sales tax revenues of $3,252,384 and 2) remaining funds of $347,616 from the completed project Fire Stations Repair/Replace (GGV0230) for Fire Stations 5 and 9. Staff believes the proposed upgrades for Fire Station #1 are compliant with the Measure P guidelines and are of highest priority for funding based on Spending Plan guidance. This item will be presented to the Measure P COC for consideration at its next meeting on January 26, 2023. American Rescue Plan Act 2021 Fund Amendment – CIP Project GGV0262 Rehabilitation of the Former YMCA Building ARPA established the Coronavirus SLFRF to assist governments by bolstering their response to the COVID- 19 emergency and its economic impacts by setting the following goals:  Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control.  Replace lost public sector revenue to strengthen support for vital public services and help retain jobs.  Support immediate economic stabilization for households and businesses.  Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations. With the launch of the SLFRF, the Treasury released further details on how these funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among these governments, and support the communities and populations hardest-hit by the COVID-19 crisis. Eligible jurisdictions have been able to access this funding to address immediate pandemic response needs, such as: recover revenue losses, basic emergency needs, bring back jobs, and lay the groundwork for a strong and equitable recovery. These funds present a significant opportunity for our community to meaningfully address the pandemic’s disproportionate toll on people of color, people with disabilities, immigrant communities, low-income households, and other historically marginalized groups, including the homeless population. On August 21, 2021, City Council approved the formal Spending Plan in the amount of $28.7 million which represented the first round of ARPA funds received in May 2021. Subsequent to the initial allocation, four Spending Plan Amendments have been approved as critical needs increase and are identified in response to the pandemic. The Amendments include:  Amendment No. 1: Jacobs and Cushman San Diego Food Bank allocation of $100,000 to provide food distribution services. 2022/12/06 City Council Post Agenda Page 373 of 1285 P a g e | 4  Amendment No. 2: Alpha Project, Take Back the Streets, allocation of $100,000 to provide job training and placement to previously homeless individuals.  Amendment No. 3: Homeless Supportive Services allocation in the amount of $100,000 to support the City’s Homeless Outreach Team to provide a continuum of services for homeless, at risk and low- income households.  Amendment No. 4: Provide $200,000 of ARPA funds and approve an associated Agreement with SBCS Domestic Violence Program to continue providing therapeutic counseling and crisis intervention services to adult and children victims of family violence.  Amendment No. 5: Reallocation of $2,000,000 from the Loma Verde Reconstruction project (GGV0247) to the provision of General Government Services due to other available funding sources for this project, as part of the Fiscal Year 2022-23 Adopted Budget. Staff is recommending (1) reallocating $1,450,000 from within the Revenue Recovery category for General Governmental Services to the Rehabilitation of the Former YMCA Building project (GGV0262); and (2) amending the FY 2022-23 Capital Improvement Program budget to appropriate funds accordingly. This reallocation will be used to reimburse the General Fund for cost associated with the project, ensure federal compliance, and align with the legislative intent of the ARPA program. Renaming of CIP Project “Rehabilitation of the Former YMCA Building” to “Casa Casillas” On June 7, 2022, City Council approved naming of the City building located at 50 Fourth Avenue to be used at the City’s new intergenerational art gallery, as “Casa Casillas,” in honor of Chula Vista resident and artis t Paula Casillas. The revitalization of 50 Fourth Avenue, Casa Casillas, provides the community a space dedicated to arts, for exhibition, incubation, and development of artistic capabilities. Staff is recommending the renaming of the CIP project “Rehabilitation of the Former YMCA Building” (GGV0262) to “Casa Casillas” to reflect the Council approved change in the subject facility name and purpose. 2022/12/06 City Council Post Agenda Page 374 of 1285 P a g e | 5 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Councilmember McCann has property holdings within 500 feet of the boundaries of the property which is the subject of this action. However, the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities, and the member’s property will not be affected disproportionately to other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(d)(1)), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund as a result of th ese actions. Approval of the resolution will result in an additional $3.6 million in expenditure appropriations for the Fire Station #1 Repair/Replace project (GGV0252), including a $347,616 transfer of previously appropriated funds from the completed Fire Stations Repair/Replace (GGV0230) project and $3,252,384 from fund balance of the 2016 Measure P Sales Tax Fund; and, reallocates previously appropriated funds available from the American Rescue Plan Act of 2021 Fund for the newly retitled Casa Casillas project (GGV0262). ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund as a result of these actions. ATTACHMENTS None Staff Contact: Sarah Schoen, Director of Finance/Treasurer 2022/12/06 City Council Post Agenda Page 375 of 1285 RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT PROGRAM BUDGET; AMENDING THE AMERICAN RESCUE PLAN ACT SPENDING PLAN; AND APPROPRIATING FUNDS ACCORDINGLY WHEREAS, on May 24, 2022, City Council approved the adoption of the Fiscal Year 2022-23 Capital Improvement Program (CIP) budget; and WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, Staff recommends amendments to the budget for the Fiscal Year 2022-23 Capital Improvement Program (CIP) budget for capital projects Fire Station #1 Repair/Replace (GGV0252) and Rehabilitation of the Former YMCA Building (GGV0262); and WHEREAS, additional funding is required to complete the capital improvement projects; WHEREAS, funding is available from the 2016 Measure P Sales Tax Fund via a $347,616 transfer of previously appropriated funds from the completed Fire Stations Repair/Replace (GGV0230) project and $3,252,384 from fund balance to support eligible expenditures under Fire Station #1 project (GGV0252); and WHEREAS, on March 11, 2021, the United States Congress passed the American Rescue Plan Act of 2021 (“ARPA”) which provides fiscal relief funds to State and Local Governments, and other program areas aimed at mitigating the continuing effects of the COVID-19 Pandemic; and WHEREAS, ARPA is intended to provide support to local governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS, ARPA includes State and Local Fiscal Recovery Funds to support urgent COVID response efforts to decrease the spread of the virus; to replace lost public sector revenue to strengthen support for vital public services; to support immediate economic stabilization for households and businesses; and to address systemic public health and economic challenges that have contributed to inequal impacts of the pandemic on certain populations; and WHERAS, the United States Department of Treasury has adopted the interim final rule as guidance regarding the use of ARPA Funds; and 2022/12/06 City Council Post Agenda Page 376 of 1285 Resolution No. ________ Page 2 WHEREAS, the City of Chula Vista received $57,535,251 in two tranches with $28,767,625 provided in May 2021 and the remaining $28,767,625 received in May 2022; and WHEREAS, the City Council intends to expend a portion of the City’s ARPA Funds in accordance with Federal Law and guidance, for providing general government services; and WHEREAS, the City has identified a critical need to fund repairs for the former YMCA building; and WHEREAS, $1,450,000 million in funding previously appropriated under the American Rescue Plan 2020 Fund is available for reallocation; and WHEREAS, on June 7, 2022, City Council approved naming of the City building located at 50 Fourth Avenue, formerly utilized by the YMCA, to be used as the City’s new intergenerational art gallery, as “Casa Casillas”, in honor of Chula Vista resident and artist Paula Casillas; and WHEREAS, Staff recommends renaming the “Rehabilitation of the Former YMCA Building” project (GGV0262) to “Casa Casillas” to more accurately describe the CIP project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it amends the Fiscal Year 2022-23 Capital Improvement Program budget and American Rescue Plan Act Spending Plan and approves related actions as follows: 1. Increase of $3,600,000 in expenditures under the Measure P Fund for the Fire Station #1 Rehab/Replace (GGV0252) project; including a transfer of $347,616 expense appropriations from the Fire Station Repair/Replace project (GGV0230) and $3,252,384 from fund balance. 2. Increase of $1,450,000 in expenditures under the American Rescue Plan Act 2021 Funds available in the Revenue Recovery category and appropriation of $1,450,000 from that category to the Rehabilitation of the Former YMCA Building project (GGV0262). 3. Decrease of $1,450,000 in expenditures under the American Rescue Plan Act 2021 Funds available in the Revenue Recovery category for the General Governmental Services project to be offset by an increase in project GGV0262 4. Rename “Rehabilitation of the Former YMCA Building” project (GGV0262) to the “Casa Casillas” project (GGV0262). 2022/12/06 City Council Post Agenda Page 377 of 1285 Resolution No. Page 3 Presented by Approved as to form by Sarah Schoen Glen R. Googins Director of Finance/Treasurer City Attorney 2022/12/06 City Council Post Agenda Page 378 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Deed Restriction: Approve a Deed Restriction on Park Property as Required as a Condition of a Grant Award Report Number: 22-0311 Location: Rancho Del Rey Park, 1311 Buena Vista Way Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). Recommended Action Adopt a resolution authorizing a deed restriction for the Rancho Del Rey Park property as required as a condition of the Per Capita Grant award through Proposition 68. SUMMARY The City of Chula Vista was awarded $177,952 in grant funds from the State of California. Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. The project utilizing the grant funds is to install solar lighting along the pathway at Rancho Del Rey Park and improve the asphalt pathway in the park (PRK0326). The grant award is conditioned upon the recordation of a deed restriction on the title to the property to safeguard the property for purposes consistent with the grant through June 30, 2048. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 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 2022/12/06 City Council Post Agenda Page 379 of 1285 P a g e | 2 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION This Per Capita program originates from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by California voters on June 5, 2018. Funds were available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. The total allotment of Per Capita Grant funds to the City of Chula Vista is $177,952 and City Council authorized the applications for projects at Rancho Del Rey Park on December 7, 2021 (Resolution 2021-218). The project at Rancho Del Rey Park is to improve the asphalt pathway spine throughout the park, provide Americans with Disabilities Act (ADA) access to the playground and gazebo, and install solar lighting along the pathway illuminating the park after sunset. The grant approval is subject to, among other conditions, recordation of a deed restriction on the Property for the site location. The deed restriction is to ensure that the property will be used for purposes consistent with the grant through June 30, 2048 (See Attachment 1: Grant Contract; Attachment 3: Deed Restriction Form – Rancho Del Rey Park). DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Councilmember McCann has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. 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 with these actions. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund with these actions. 2022/12/06 City Council Post Agenda Page 380 of 1285 P a g e | 3 ATTACHMENTS 1. Grant Contract 2. Legal Description of Property (Rancho Del Rey Park) 3. Deed Restriction Form – Rancho Del Rey Park Staff Contact: Tracy Lamb, Director of Community Services 2022/12/06 City Council Post Agenda Page 381 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A DEED RESTRICTION TO THE RANCHO DEL REY PARK PROPERTY AS REQUIRED AS A CONDITION OF THE GRANT AWARD WHEREAS, the City of Chula Vista (City) is the recorded owner of the real property described in Exhibit A, which is attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, the California Department of Parks and Recreation (DPR) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (PRC); and WHEREAS, the City was awarded $177,952 in grant funds from the State of California pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All of 2018 Parks Bond Act; and WHEREAS, on July 1, 2021, DPR’s Office of Grants and Local Services conditionally approved Grant 18-37-026 (the “Grant”) to renovate existing paths, provide Americans with Disabilities Act (ADA) access to the playground and gazebo, and install solar lighting at Rancho Del Rey Park, subject to, among other conditions, recordation of a deed restriction on the Property; and WHEREAS, but for the imposition of the deed restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program, and the funds that are the subject of the Grant could therefore not have been allocated; and WHEREAS, the City has elected to comply with the deed restriction condition of the Grant so as to enable the City to receive the Grant funds and perform the work described in the Grant; and WHEREAS, the deed restriction shall remain in full force and effect and shall bind the City for the period running from July 1, 2018 through June 30, 2048. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, in consideration of the issuance of the Grant funds by DPR, authorizes the execution of a deed restriction to the title of the Property for Rancho Del Rey Park, in the manner and form as attached hereto and by reference made a part hereof, subject to such minor modifications as may be required or approved by the City Attorney, and authorizes the City Manager or designee to execute the same. Presented by Approved as to form by 2022/12/06 City Council Post Agenda Page 382 of 1285 Tracy Lamb Glen R. Googins Director of Community Services City Attorney 2022/12/06 City Council Post Agenda Page 383 of 1285 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 5/5/2022 2022/12/06 City Council Post Agenda Page 384 of 1285 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/12/06 City Council Post Agenda Page 385 of 1285 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/12/06 City Council Post Agenda Page 386 of 1285 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/12/06 City Council Post Agenda Page 387 of 1285 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/12/06 City Council Post Agenda Page 388 of 1285 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/12/06 City Council Post Agenda Page 389 of 1285 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/12/06 City Council Post Agenda Page 390 of 1285 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 5/5/2022 2022/12/06 City Council Post Agenda Page 391 of 1285 2022/12/06 City Council Post Agenda Page 392 of 1285 1 RECORDING REQUESTED BY: California Department of Parks and Recreation Office of Grants and Local Services WHEN RECORDED MAIL TO: Office of Grants and Local Services PO Box 942896 Sacramento, CA 94296-0001 Attn: Karen Sims SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE DEED RESTRICTION I. WHEREAS, the City of Chula Vista (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”); and III. WHEREAS, Owner(s) (or “Grantee”) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program to renovate existing paths, provide Americans with Disabilities Act (ADA) access to playground & gazebo & install solar lighting on the Property; and IV. WHEREAS, on July 1, 2020, DPR’s Office of Grants and Local Services conditionally approved Grant 18-37-026, (hereinafter referred to as “Grant”) to renovate existing paths, provide ADA access to playground & gazebo & install solar lighting on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond Act 2022/12/06 City Council Post Agenda Page 393 of 1285 2 Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors- in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof. 1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048. 2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property. 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed. 4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction 2022/12/06 City Council Post Agenda Page 394 of 1285 3 up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. Dated: ______________________, 20 ____ Business Name (if property is owned by a business): __________________________________________ Owner(s) Name(s): ____________________________________________________________________ _____________________________________________________________________________________ Signed: ________________________________ Signed: ________________________________ ________________________________ ________________________________ PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** 2022/12/06 City Council Post Agenda Page 395 of 1285 4 State of California County of _______________ On __________________ before me, __________________________, a Notary Public, personally appeared _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 2022/12/06 City Council Post Agenda Page 396 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Agreement: Approve a Memorandum of Understanding with Sweetwater Union High School District for the School Resource Officer Program Report Number: 22-0315 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 approving a Memorandum of Understanding (MOU) with Sweetwater Union High School District for the School Resource Officer (SRO) Program. SUMMARY The Police Department has worked in partnership with school districts for many years to ensure the safety, welfare and best possible educational opportunities of students and staff on school campuses in Chula Vista. Adoption of this resolution will approve an MOU with Sweetwater Union High School District in FY 2022/2023 for the School Resource Officer Program. 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. 2022/12/06 City Council Post Agenda Page 397 of 1285 P a g e | 2 DISCUSSION For decades, Chula Vista Police Department (CVPD) has partnered with the Sweetwater Union High School District (SUHSD) and Chula Vista Elementary School District (CVESD) to ensure the safety, welfare and best possible educational opportunities of students and staff on school campuses in Chula Vista. Campus security is increased by the presence of police officers who also proactively and positively interact with students. Police officer presence on campus improves communication between the Police Department and the youth of the community. It is the goal of the Police Department’s SRO program to enhance the safety, security and success of the District’s scholastic institutions by maintaining close, consistent and productive relationships with students, their families, and staff. This program was designed to help support an environment that offers an equal opportunity for student academic, social and community success by fostering a safe environment. On- campus, School Resource Officers focus on establishing a positive partnership with students and staff, providing early intervention services to youth and overall improved community relations through prevention, intervention, education, and progressive enforcement strategies. During FY 2021/2022, the SRO program consisted of one Police Sergeant, one Police Agent, ten (10) Police Officers, and one Secretary. The SRO program has long provided services to 62 public schools (11 high schools, 7 middle schools, 49 elementary schools, and 8 alternative and adult schools associated with the districts) in the City of Chula Vista and serves a student population of more than 70,000 students. Since 2010, a portion of the costs for the SRO program has been shared between the City of Chula Vista, the CVESD, and the SUHSD. The SUHSD originally provided funding for slightly less than the cost of one -half (0.5) Police Agent and four (4.0) Police Officers. These four and one-half sworn personnel provided services to 20 sites and scholastic institutions and more than 40,000 students within the SUHSD. Recent discussions between the Police Department and the SUHSD showed that the actual personnel costs of the SRO program have been increasing since 2010/2011, while the cost reimbursed by SUHSD h ad remained the same. In 2020/2021 the total cost for the SUHSD-portion of the SRO program was $834,391, but the amount reimbursed by the District remained at $500,000 (the same amount since 2010/2011). Both the Police Department and the District acknowledged that reduced funding, coupled with increased community demand for emergency public safety services, would reduce the Police Department’s capacity to provide non-emergency services to the SUHSD. As a result of reduced funding, the number of Police Officers assigned to SUHSD was reduced from four Police Officers to three Police Officers for 2020/2021 and beyond. On August 8, 2022, the SUHSD School Board approved the Memorandum of Understanding (MOU) for the SRO program during the 2022/2023 school year. The approved cost to SUHSD is $501,000 in 2022/2023. The MOU covers a one-year period of July 1, 2022 to June 30, 2023, and may be extended for two (2) additional one-year periods upon written approval of both parties. The SRO MOU with Chula Vista Elementary School District (CVESD) has already been executed for the 2022/2023 school year, which was approved by Council on October 4, 2022. 2022/12/06 City Council Post Agenda Page 398 of 1285 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 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 The reimbursement from Sweetwater Union High School District partially covers the personnel costs of one Police Agent and three Police Officers in the SRO program. Since these personnel costs are already included in the Police Department’s baseline budget, no additional appropriations are required by accepting this Memorandum of Understanding. The table below outlines SRO personnel costs, along with corresponding reimbursement. SUHSD funds 77% of the personnel costs. POSITIONS FY 22/23 Cost SUHSD Reimbursement Difference 0.5 FTE SRO Agent $98,568 3 SROs $550,857 TOTAL SRO COST $649,425 $501,000 $148,425 % reimbursed 77% ONGOING FISCAL IMPACT The Police Department will continue providing updated personnel costs of the SRO program when drafting subsequent MOUs, and will seek Council approval of those MOUs. ATTACHMENTS Attachment 1: Memorandum of Understanding with Sweetwater Union High School District for School Resource Officer Program Staff Contact: Executive Captain Phil Collum, Police Department 2022/12/06 City Council Post Agenda Page 399 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING WITH SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, for decades, the Chula Vista Police Department has partnered with the Sweetwater Union High School District (SUHSD) and the Chula Vista Elementary School District to ensure the safety, welfare and best possible educational opportunities of students and staff on school campuses in Chula Vista; and WHEREAS, it is the goal of the Police Department’s School Resource Officer (SRO) program to enhance the safety, security and success of the school district’s institutions by maintaining close, consistent and productive relationships with students, their families, and staff; and WHEREAS, on August 8, 2022, the SUHSD School Board approved the Memorandum of Understanding for the SRO program during the 2022/2023 school year; and WHEREAS, the amount reimbursed by SUHSD for the SRO program will be $501,000 in 2022/2023; and WHEREAS, the Memorandum of Understanding covers a one-year period of July 1, 2022 through June 30, 2023, and may be extended for two (2) additional one-year periods upon written approval of both parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the Memorandum of Understanding for the School Resource Officer Program between the City of Chula Vista and Sweetwater Union High School District, including any amendments thereof, 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 Police Chief to execute same. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2022/12/06 City Council Post Agenda Page 400 of 1285 2022/12/06 City Council Post Agenda Page 401 of 1285 2022/12/06 City Council Post Agenda Page 402 of 1285 2022/12/06 City Council Post Agenda Page 403 of 1285 2022/12/06 City Council Post Agenda Page 404 of 1285 2022/12/06 City Council Post Agenda Page 405 of 1285 2022/12/06 City Council Post Agenda Page 406 of 1285 2022/12/06 City Council Post Agenda Page 407 of 1285 2022/12/06 City Council Post Agenda Page 408 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Employee Benefits: Adopt the 2023 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary Insurance Benefits for Eligible City Employees Report Number: 22-0302 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 a resolution adopting the City of Chula Vista Cafeteria Benefits Plan for 2023, including a description of available benefits, participation rules, election procedures, manner of contributions, the maximum amount of contributions, the plan year, and the plan’s provisions for complying with flexible spending arrangements (FSAs). SUMMARY The Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document and that the document be formally adopted by the City Council on or before the first day of the plan year. Staff is requesting Council’s approval to adopt the 2023 Cafeteria Benefits Plan document by resolution to fulfill the City’s obligation for the 2023 plan year. ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/12/06 City Council Post Agenda Page 409 of 1285 P a g e | 2 DISCUSSION In June 1998, the City established its first Section 125 Cafeteria Benefits Plan. In compliance with Internal Revenue Code §125(d) the City Council annually adopts a written plan document prior to the first day of the plan year. The first day of the City’s plan year is January 1, 2023. This Cafeteria Plan Document is a written plan that describes how the City offers eligible employees certain benefits on a pretax basis (such as health insurance) while having the option to choose among at least one taxable benefit (such as cash). Having an approved written plan is critical under cafeteria plan regulations. Without a written Plan or if the written Plan does not comply with applicable requirements regarding content and timing of adoption, the Plan is not a Section 125 Cafeteria Plan and employees’ benefit elections will be taxable. The City timed its open enrollment period in 2022 to comply with these regulations and to meet provider cutoff deadlines for enrollment which will ensure employees have benefits coverage without interruption. The City’s Plan includes the following required information and incorporates all of the operating rules prescribed in Code §125 and the regulations thereunder.  Description of available benefits  Participation rules  Benefit election procedures  Plan Year  Manner of contributions  Maximum amount of contributions  Plan provisions for complying with flexible spending accounts (FSAs) Specific health plans offered and their structure are not part of this Cafeteria Plan Document and instead defined in what is known as the Summary of Benefits and Coverage (SBC). Employees are provided the SBCs as part of open enrollment materials to assist them in making their benefits elections. The determination of the health plans available and their structure are based on an annual review after our broker, Marsh and McLennan Agency, LLC., extensively markets with benefit plan providers for coverage comparable to the prior year while keeping the increase in costs to the City and its benefited employees to a minimum . All employee groups are advised of the offers and the plan structures that will provide the least increase in premium costs. Cafeteria Benefits Flex Allotments for unrepresented employees and elected officials are included in both the Cafeteria Plan Document and the Compensation Summary. Staff is requesting Council’s approval to adopt the 2023 Cafeteria Benefits Plan document by resolution to fulfill the City’s obligation for the 2023 plan year (Attachments 1-4). DECISION-MAKER CONFLICT 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 2023 Cafeteria Benefits Plan Staff assumed a 12.5% increase in medical premiums in the 2022/23 budget based on preliminary information from the City’s insurance brokers. The City spent $14.8 million in fiscal year 2021/22 on Cafeteria Plan benefits for all funds. In fiscal year 2022/23 based on current projection the City is anticipated to spend $18.7 million. As a result of the final health insurance premiums negotiated by the City’s broker for 2022/12/06 City Council Post Agenda Page 410 of 1285 P a g e | 3 the 2023 Benefits Plan Year, anticipated vacancies, and changes in employee benefits selections th e City is expecting an overall savings of $704,272 in fiscal year 2022/23. ONGOING FISCAL IMPACT Flex Allotments are negotiated with the City’s bargaining groups. Unrepresented employees and elected officials also receive Flex Allotments. With the exception of Public Safety bargaining groups, the City shares the cost of medical insurance premium increase on a 50/50 basis. The 50/50 cost sharing formula utilizes the average cost increase of family premiums of non-indemnity health plans. Then to determine the next plan year’s Flex Allotment, 50% of the average increase is added to the current year’s Flex Allotment amount. For Public Safety bargaining groups, the City assumes the full cost of the medical premium increases. As a result of the negotiated premium changes for the 2023 Benefits Plan Year, the 2023 Flex Allotments are increasing by an annual amount of $504. This increase will not impact Flex Allotments for employees who waive medical insurance or elect Employee Only medical coverage since those amounts are capped at amounts specified in the Compensation Summary or Memorandum of Understanding. The table below illustrates the Cafeteria Flex Allotments for the 2023 Plan Year. The impact to future budgets and the five-year financial forecast will depend on the outcome of negotiations with the City’s bargaining groups and the changes in medical insurance premiums. ATTACHMENTS 1. 2023 City of Chula Vista Cafeteria Benefits Plan Document 2. Exhibit A – 2023 Health Care & Dependent/Child Care Flexible Spending Accounts 3. Exhibit B – Hartford Voluntary Insurance Plan 4. Exhibit C – Employee Assistance Program (EAP) Staff Contact: Courtney Chase, Director of Human Resources/Risk Management 2022/12/06 City Council Post Agenda Page 411 of 1285 RESOLUTION NO. 2022-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2023 WHEREAS, the Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document and that the document be formally adopted by the City Council on or before the first day of the plan year ; and WHEREAS, in June 1998, the City established its first Section 125 Cafeteria Benefits Pla n; and WHEREAS, in compliance with Internal Revenue Code §125(d) the City Council annually adopts a written plan document prior to the first day of the plan year ; and WHEREAS, the first day of the City’s plan year is January 1, 2023; and WHEREAS, this Plan Document lays out how the City offers eligible employees the choice between cash and certain nontaxable benefits (such as health insurance), thereby allowing employees to pay for the benefits they choose on a pre-tax basis; and WHEREAS, the specific health plans offered and their structure are not part of this Cafeteria Plan Document; and WHEREAS, they are included in what is known as the Summary Plan Document that was given to eligible employees as part of their open enrollment materials to assist t hem in making their benefit choices; and WHEREAS, the plans offered and their structure are determined after our broker, Marsh and McLennan Agency, extensively markets and negotiates with providers to provide coverage comparable to the prior year while keeping the increase in costs to the City and its benefited employees to a minimum; and WHEREAS, all employee groups are advised of the offers and the plan structures that will provide the least increase in premium costs; and WHEREAS, under current cafeteria plan regulations having an approved written plan is critical; and WHEREAS, without a written plan or if the written plan does not comply with applicable requirements regarding content and timing of adoption, then the plan is not a cafeteria plan and employees’ elections will be taxable; and WHEREAS, the City has timed its open enrollment period for 2023 to comply with these regulations and to meet provider cutoff deadlines for enrollment to ensure employees are covered without interruption; and 2022/12/06 City Council Post Agenda Page 412 of 1285 Resolution No. 2022-__________ Page 2 WHEREAS, The City’s Plan includes the following required information: description of available benefits, participation rules, election procedures, manner of contributions, maximum amount of contributions, the plan year, and the plan’s provisions for complying with flexible spending arrangements (FSAs). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the City of Chula Vista Cafeteria Benefits Plan for 2023, in the form presented, a copy of which isshall be kept on file in the Office of the City Clerk. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney 2022/12/06 City Council Post Agenda Page 413 of 1285 CAFETERIA BENEFITS PLAN FOR THE CITY OF CHULA VISTA Amended and Restated as of January 1, 2023 Established June 1998 Human Resources Department City of Chula Vista 2022/12/06 City Council Post Agenda Page 414 of 1285 2 SECTION 125 CAFETERIA BENEFIT PLAN ADOPTION AGREEMENT The undersigned Employer hereby adopts the Section 125 Cafeteria Benefit Plan for those Employees who shall qualify as Participants hereunder. The Employer hereby selects the following Plan Specifications: A. EMPLOYER INFORMATION Name of Employer: City of Chula Vista Address: 276 Fourth Ave. Chula Vista, CA 91910 Employer Tax ID: 95-6000690 Nature of Business: Municipal Government Name of Plan: City of Chula Vista Cafeteria Benefits Plan B. EFFECTIVE DATE Original Effective Date of Plan: June 1998 Effective Date of Amendment: January 1, 2023 C. ELIGIBILITY REQUIREMENTS FOR PARTICIPATION Eligibility requirements for each component plan under this Section 125 document will be applicable and, if different, will be listed in Item F. Employee Status: (1) Benefits-Eligible (Permanent) Employees: Directly employed by the City of Chula Vista in a full- or part-time benefited status. Part- time benefits- eligible employees must be authorized to work at least half-time or 40 hours biweekly. (2) Full-time Hourly Employees: Directly employed by the City of Chula Vista who are expected and scheduled to work 30 or more hours per week. (3) Eligible Variable-Hour Hourly Employees: Variable-hour Hourly employees as defined by the Affordable Care Act (ACA) working an average of 30 or more creditable service hours per 2022/12/06 City Council Post Agenda Page 415 of 1285 3 week during the Standard Measurement Period. Eligibility is determined annually. Length of Service: (1) Benefits-Eligible (Permanent) and Full- time Hourly Employees: First day of employment in a benefited status. (2) Eligible, Variable-Hour Hourly Employees: First of the month which occurs 60 days following the City’s Measurement Period. D. PLAN YEAR The current plan year will begin on January 1, 2023, and end on December 31, 2023. E. EMPLOYER CONTRIBUTIONS Non-Elective Contributions: (Benefits-Eligible (Permanent) Employees, except members of POA and IAFF bargaining groups) Non-Elective Contributions (POA and IAFF members): Flexible Plan Allotment The maximum amount available to each Participant for the purchase of certain elected benefits (Group Medical Insurance, Group Dental Insurance, Group Vision, Health Care and Dependent/Child Care Flexible Spending Accounts, and Cash Payment Option) are outlined per the MOU or Unrepresented Compensation Summary with non-elective contributions will be: ACE $15,564 CONF $16,064 EXEC, CMGR, CCLK $18,840 Elected Officials $18,840 MM, PROF $16,940 MMCF,MMUC,PRCF,PRUC $16,940 Non-Safety IAFF $15,564 SM $17,440 WCE $16,440 Employees represented by POA: The employer pays the full cost of the Kaiser Permanente Plan for employees and their dependents. Employees enrolled in any non-Kaiser plan are responsible for paying any amount greater than the cost of the Kaiser plan. 2022/12/06 City Council Post Agenda Page 416 of 1285 4 Non-Elective Contributions (Eligible Hourly Employees): Elective Contributions (Salary Reduction): Employees represented by IAFF: The employer pays the full cost of the Kaiser Permanente Plan for employees and their dependents. Employees enrolled in the lowest cost, non-Kaiser, limited network HMO/limited network alternative plan will pay $50 per month and the City will pay the balance of the premium. For the 2023 benefits plan year only, this $50 per month premium will be waived if the Aetna Whole Health (AWH) Southern California HMO is elected. Employees enrolled in the non- Kaiser Full HMO plan will pay $250 per month and the City will pay the balance of the premium. Employees enrolled in the PPO shall receive the value equal to that of employees enrolled in the non-Kaiser Full HMO plan and employees will be responsible for the balance. Employees represented by POA and IAFF: For dental coverage, the employer will pay an amount equal to the pre-paid dental premium for the coverage level elected. The annual maximum amount available for each employee for the purchase of group “Employee Only” medical insurance coverage is based on an Affordability Test under the Affordable Care Act. Other plan components of this Section 125 are not available. Each Participant may authorize the Employer to reduce his or her compensation by the amount needed for the purchase of benefits elected, less the amount of non-elective contributions. An election for salary reduction will be made via online enrollment through Munis Employee Self-Service (ESS). 2022/12/06 City Council Post Agenda Page 417 of 1285 5 F. AVAILABLE BENEFITS Each of the following components should be considered a plan that comprises this Plan. 1. Group Medical Insurance Mandatory for all Benefits- Eligible (Permanent) Employees in the POA and IAFF classifications. Benefits-Eligible (Permanent) Employees in all other groups can waive medical insurance if they are covered by their City Employee Spouse or they can provide evidence of Other Qualified Group Coverage. Medical enrollment is optional for Eligible Hourly Employees. The terms, conditions, and limitations for the Group Medical Insurance will be as set forth in the insurance policy or policies described below. (See Section V of the Plan Document). 2. Group Dental Insurance Optional for all Benefited- Salaried Employees. Group dental insurance is not available to Eligible Hourly Employees. 3. Group Vision Insurance Optional for all Benefited- Salaried Employees. Group vision insurance is not available to Eligible Hourly Employees. The terms, conditions and limitations for the Group Dental Insurance will be as set forth in the insurance policy or policies described below. (See Section V of the Plan Document). The terms, conditions and limitations for the Group Vision Insurance will be as set forth in the insurance policy or policies described below. (See Section V of the Plan Document). 2022/12/06 City Council Post Agenda Page 418 of 1285 6 4. Health Care Flexible Spending Account Optional for all Benefited-Salaried Employees. Health Care Flexible Spending Accounts are not available to Eligible Hourly Employees. The terms conditions and limitations for the Health Care Flexible Spending Account will be as set forth in Section VI of the Plan Document and described below: Minimum Coverage: $24 per Plan Year Maximum Contribution: $3,050 from all sources per Plan Year. Recordkeeper: HealthEquity 5. Dependent Care Flexible Spending Account Optional for all Benefits-Eligible (Permanent) Employees. Dependent Care Flexible Spending Accounts are not available to Eligible Hourly Employees. The terms conditions and Limitations for the Dependent Care Flexible Spending Account will be as set forth in Section VII of the Plan Document and described below: Minimum coverage: $24 per Plan Year Maximum Coverage: $5,000 per plan year from all sources ($2,500 per plan year from all sources for a married employee filing separate tax returns) Recordkeeper: HealthEquity 6. Cash Payment Option Optional for Benefits-Eligible (Permanent) Employees. Cash Payment Option is not available to Eligible Hourly Employees. 7. The following benefits are only available through Elective Contributions (Salary Reduction) for Benefited- Salaried Employees: Hartford plans are not available to Eligible Hourly Employees Eligible Flex Plan Allotment remaining after electing mandatory medical coverage may be allotted to this taxable option. Eligibility and limits for the cash option is based on the employee’s Compensation Summary or Memorandum of Understanding (MOU). Hartford Group Critical Illness Hartford Group Hospital Indemnity Plan Hartford Group Accident Plan The terms condition and limitations for the Hartford programs will be as set forth in Section VIII of the Plan Document. Administered by: The Hartford 2022/12/06 City Council Post Agenda Page 419 of 1285 7 8. Employee Assistance Program This free and confidential service is available to benefited employees and their household members. The terms condition and limitations for the EAP program will be set forth in Section IX of the Plan Document. Administered by: Health and Human Resource Center, Inc. (dba Aetna Resources for Living) The Plan shall be construed, enforced, administered, and the validity determined in accordance with the applicable provisions of the Employee Retirement Income Security Act of 1974 (as amended) if applicable, the Internal Revenue Code of 1986 (as amended), and the laws of the State of California. Should any provision be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only, will be deemed not to include the provision determined to be void. This Plan is hereby adopted the 6th Day of December 2022. By: MARY SALAS Title: City Mayor 2022/12/06 City Council Post Agenda Page 420 of 1285 8 SECTION 125 CAFETERIA BENEFITS PLAN SECTION 1 PURPOSE The Employer is establishing this Cafeteria Benefits Plan in order to make a broad range of benefits available to its Employees and their Dependents. The Plan allows Employees to choose among different types of benefits and select the combination best suited to their individual goals, desires, and needs. These ch oices include an option to receive certain benefits in lieu of taxable compensation. In establishing this Plan, the Employer desires to attract, reward, and retain highly qualified, competent employees, and believes this Plan will help achieve that goal. It is the intent of the Employer to establish this Plan in conformity with Section 125 of the Internal Revenue Code of 1986, as amended, and in compliance with applicable rules and regulations issued by the Internal Revenue Service. This Plan will grant t o eligible Employees an opportunity to purchase qualified benefits, which when purchased alone by the Employer, would not be taxable. SECTION II DEFINITIONS The following words and phrases appear in this Plan and will have the meaning indicated below unless a different meaning is plainly required by the context: “Administrator” means the Human Resources Department of the City of Chula Vista, or other such person or entity that it appoints as its designee. “Annual Enrollment Period” means the period designated by the Administrator which precedes the commencement of each Plan Year during which Eligible Employees can elect or modify the amount contributed for Benefits. “Applicable Law” means the Internal Revenue Code of 1986, and the same as may be amended from time to time, plus all regulations promulgated with respect thereto. Reference to any section or subsection of the Code includes reference to any comparable or succeeding provision of any legislation which amends, supplements or replaces such section or subsection. “Benefit Package Option” means a qualified benefit under Code Section 125 (f) that is offered under the Cafeteria (Flexible) Benefits Plan, or an option for coverage under an underlying health plan (such as an HMO or PPO option under a health plan). 2022/12/06 City Council Post Agenda Page 421 of 1285 9 “Benefits” or “Qualified Benefits” means the following benefits available under the Flex Plan: (a) Group Medical Insurance (b) Group Dental Insurance (c) Group Vision Insurance (d) Health Care Flexible Spending Account (e) Dependent Care Flexible Spending Account (f) Cash Payment Option (Post-Tax) (g) Health Premiums for Non-Tax Qualified Dependents (Post- Tax) (h) Certain Hartford Plans available via salary reduction only In order for a benefit to be qualified, a participant must also meet federal and/or state tax requirements, including Code Section 152, etc. “Child” means for these purposes will include (1) a natural child, (2) a stepchild, (3) a legally adopted child, (4) a child placed with the employee for legal adoption, (5) a foster child and (6) a child placed under the legal guardianship of the employee. In addition and in order to comply with OBRA 1993: a child will include a child for whom the employee or covered dependent spouse or Life Partner is required to provide coverage due to a Medical Child Support Order. A Qualified Medical Child Support Order (QMCSO) will also include a judgment, decree or order issued by a court of competent jurisdiction or through an administrative process established under state law and having the force and effect of law. “Code” means the Internal Revenue Code of 1986, as amended. “Dependent” means an individual including: (a) Participant’s legal spouse; (b) Life Partner (see definition of Life Partner) (c) Child of the employee, spouse, or Life Partner who is under 26 years of age; And (d) Unmarried child of any age of the employee, spouse or Life Partner who is incapable of self-support due to mental or physical handicap and such handicap began before attainment of limiting age “Dependent Care Flexible Spending Account” shall have the same meaning assigned to it by Section 7.02 of the Plan Attached hereto as Exhibit A. “Effective Date” of this Flex Plan was June 1998. “Eligible Employee” means any active, full- or part-time employee of the City of Chula Vista employed in a benefits-eligible (permanent) status. “Eligible Hourly Employee” means full-time hourly employee as defined by the Affordable Care Act. 2022/12/06 City Council Post Agenda Page 422 of 1285 10 “Employee” means an individual that the Employer classifies as active, full-time or part-time, who is on the Employer’s W -2 payroll, include elected and appointed officials but does not include the following: (a) any leased employee or an individual classified as a contract worker, independent contractor, temporary employee or casual employee for the period during which such individual is so classified, whether or not any such individuals are on the Employer’s W -2 payroll or determined by the IRS or others to be common-law employees of the Employer; (b) any individual who performs services for the Employer but who is paid by a temporary or other employment or staffing agency for the period during which such individual is paid by such agency, whether or not such individual is determined by the IRS or others to be common -law employees of the Employer. “Employer” means the City of Chula Vista. “Enrollment Period” means the period designated by the Administrator which allows employees to select Benefits for the Plan Year. For new hires, the Enrollment Period shall be the first 30 days following each new Eligible Employee’s hire date. For existing employees, the window during which they may add or drop their health insurance, or make changes to their coverage is called the Open Enrollment Period. “Entry Date” shall mean the date that an Eligible Employe e shall become a Participant: (a) on the first day of the Plan Year if the Eligible Employee’s elections are made during the annual Enrollment Period, or (b) on the first day of employment or as provided in the employee’s MOU, provided the new hire makes such request within 30 days after the date of employment, or (c) on the first day coinciding with the date of satisfying the plan’s eligibility requirements. “FMLA” means the Family and Medical Leave Act of 1993, as amended. “Plan Year” means the twelve-month period commencing on January 1 and ending on December 31. “Health Care Flexible Spending Account” shall have the meaning assigned to it by Section 6.01 of the Plan attached hereto as Exhibit A. “Health Plan” means the group medical, dental and vision plans maintained by the City for its employees, as amended from time to time and are automatically incorporated by reference under this Cafeteria Benefits Plan. A Participant may request a copy of the plan(s) from the Human Resources Benefits Division. “HIPAA” Means the Health Insurance Portability and Accountability Act of 1996 as amended. 2022/12/06 City Council Post Agenda Page 423 of 1285 11 “Life Partner” means: both the employee and his/her partner are eighteen (18) years of age or older and are capable of consenting to the domestic partnership; neither can be married to another or be a member of another domestic partnership; cannot be related by blood in a way that would prevent them from being married to each other in this state; they must share the same principal place of abode, with the intent to continue doing so indefinitely (this means that both partners share the same residence, however, it is not necessary that the legal right to possess the common residence be in both names); They are jointly financially responsible for “basic living expenses; defined as basic food, water, shelter, and any other basic living expenses. Life partners do not need to contribute equally to the cost of these expenses as long as they agree that both are responsible for the cost; neither have had a different domestic partner in the last six (6) months unless a previous domestic partnership terminated by death. “Non-elective Contribution(s)” means any amount which the Employer, pursuant to Labor Agreements, contributes on behalf of each Participant to provide benefits for such Participant and his or her Dependents, if applicable, under one or more of the Benefit Plan Options offered under the Plan. The amount shall be calculated for each plan year in a uniform and nondiscriminatory manner and in the case of POA and IAFF employees will be based upon the Participant’s elected coverage dependent status, and for all others may be based on the commencement or termination date of the Participant’s employment during the Plan Year, and such other factors as the Employer shall prescribe. To the extent set forth in the enrollment material, the Employer may make non-elective contribution available to Participants and allow Participants to allocate the Non-elective Contributions among the various Benefit Plan Options offered under the Plan in a manner set forth in the enrollment material. In no event will any Non-elective Contribution be disbursed to a Participant in the form of additional, taxable Compensation except as otherwise provided in the enrollment material. “Other Qualifying Medical Coverage” means other employer-sponsored medical benefits that provide Minimum Essential Coverage as defined in the Affordable Care Act (ACA), and does not include Medicare, Medi-Cal, TriCare, and benefits purchased through an Exchange as established under the ACA. “Participant” means an eligible employee. “Period of Coverage” means that portion of the Flex Plan Year for which one is a Participant. In no event shall the period of coverage commence prior to, nor terminate after, the commencement and ending dates of the Flex Plan Year. “Qualified Benefits” means any benefit excluded from the Employee’s taxable income under Chapter 1 of the Code other than Sections 106 (b), 117,124, 127 or 132 and any other benefit permitted by the Income Tax Regulations (i.e. any premiums for Life Partners who are not otherwise tax qualified dependents). Long Term Care is not a “Qualified Benefit.” 2022/12/06 City Council Post Agenda Page 424 of 1285 12 SECTION III ELGIBILITY, ENROLLMENT, AND PARTICIPATION 3.01 ELIGIBILITY: Each Employee of the Employer who has met the eligibility requirements of Item C of the Adoption Agreement will be eligible to participate in the Plan on the entry date specified or the effective date of the Plan, whichever is later. The Employer must notify the Employee of his eligibility to participate in the Plan so that the Employee shall complete the necessary enrollment forms on or before the entry date. 3.02 ENROLLMENT: An eligible Employee may enroll (or re-enroll) in the Plan by online enrollment through Munis ESS, during an Enrollment Period, which specifies his or her benefit elections for the Plan Year and which meets such standards for completeness and accuracy as the Employer may establish. A Participant’s online enrollment shall be completed prior to the beginn ing of the Plan Year, and shall not be effective prior to the date such form is submitted to the Employer. Any online enrollment by a Participant in accordance with this Section shall remain in effect until the earlier of the following dates: the date the Participant terminates participation in the Plan; or, the effective date of a subsequently completed online enrollment. A Participant’s right to elect certain benefit coverage shall be limited hereunder to the extent such rights are limited in the Policy. Furthermore, a Participant will not be entitled to revoke an election after a period of coverage has commenced and to make a new election with respect to the remainder of the period of coverage unless both the revocation and the new election are on account of and consistent with a change in status, or other allowable events, as determined by Section 125 of the Code and the regulations thereunder. Notwithstanding anything to the contrary herein, to the extent required by the Health Insurance Portability and Accountability Act of 1996, the Plan shall permit special enrollment period for employees who have previously declined coverage under the Plan; a new dependent may also justify a special enrollment period. 3.03 DEFAULT ENROLLMENT: Except for POA and IAFF employee groups, all new hire Benefits-Eligible (Permanent) employees who fail to make their elections within 30 days of their hire date will automatically be enrolled in the City’s least costly medical plan with Employee Only coverage. POA and IAFF employees will be automatically enrolled in the Kaiser “Employee Only” plan. During Open Enrollment, employees who do not complete enrollment within the Open Enrollment period will have their current medical and life insurance automatically continued into the next Plan year as if the Employee elected to keep them. All other coverage, including Health Care and Dependent Care 2022/12/06 City Council Post Agenda Page 425 of 1285 13 Flexible Spending Accounts will stop. Eligible non-IAFF and non-POA employees may have eligible Flex Plan Allotment funds rem aining after the health coverage election placed in the taxable Cash Payment Option as provided in the employee’s Compensation Summary or Memorandum of Understanding (MOU). 3.04 TERMINATION OF PARTICIPATION: A Participant’s coverage will stop on the last day of the month in which eligibility ends for any of the following reasons: a. The date the Participant terminates employment by death, disability, retirement, or other separation from service; or b. The date the Participant ceases to work for the Employer as an eligible Employee; c. The date of termination of the Plan; d. The first date a Participant fails to pay required contributions while on a leave of absence with benefits, or e. The date an employee begins a leave of absence without benefits. Dependent coverage will end the earlier of: the last day the employee’s coverage ends or on the last day of the month in which he or she is no longer an eligible Dependent. 3.05 SEPARATION FROM SERVICE: The Employer shall, on a reasonable and consistent basis, permit an Employee who separates from the employment service of the Employer during a Plan Year to revoke his existing elections and terminate the receipt of benefits for the remaining portion of the Plan Year. 3.06 QUALIFYING LEAVE UNDER FAMILY AND MEDICAL LEAVE ACT: Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying paid or unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain the Participant’s existing coverage under the Plan with respect to the benefits under Section V and Section VI of the Plan on the same terms and conditions as though they were still an active Employee. If the Employee fails to return to work after such leave for any reason other than the serious illness of the employee or the family member for whom the leave was granted or through no fault of the employee, they will be required to pay all Cafeteria Benefits Plan monies paid to them, or on their behalf during th e absence. 3.07 COVERAGE WHILE ON A LEAVE OF ABSENCE WITH BENEFITS: Employees who are authorized to take a leave of absence with benefits (e.g. Military Leave as approved by the City Council) will continue to be covered under the Plan until the expiration of their leave. 3.08 COVERAGE WHILE ON A LEAVE OF ABSENCE WITHOUT BENEFITS: Employees on an unpaid leave of absence for any reason other than those 2022/12/06 City Council Post Agenda Page 426 of 1285 14 under Section 3.06 and 3.07 are no longer eligible for participation in the Plan. If an employee returns from an unpaid leave of absence without benefits, the date the coverage is reinstated will depend on the employee’s date of return. If the employee returns to work on or before the 15 th of the month, coverage will be reinstated retroactive to the first of the month. If an employee returns after the 15th of the month, coverage will be reinstated the first of the following month. SECTION IV CONTRIBUTIONS 4.01 EMPLOYER CONTRIBUTIONS: The Employer may pay the costs of the benefits elected under the Plan with funds from the sources indicated in Item E of the Adoption Agreement. The Employer Contribution may be made up of Non-Elective Contributions and/or Elective Contributions authorized by each Participant. 4.02 IRREVOCABILITY OF ELECTIONS: A Participant may complete online enrollment before the end of the current plan year revising the rate of his/her contributions or discontinuing such contributions effective as of the first day of the following Plan Year. The Participant’s Elective Contributions will automatically terminate the date his employment terminates. Except as provided in this Section 4.02 and Section 4.03, a Participant’s election under the Plan is irrevocable for the duration of the Plan Year to which it relates. The exceptions to the irrevocability requirement which would permit a mid-year election change in benefits and the salary reduction amount elected are set out in the Treasury regulations promulgated under Code Section 125, which include the following: (a) Change in Status: A Participant may change or revoke his election under the Plan upon the occurrence of a valid change in status, but only if such change or termination is made on account of, and is consistent with, the change in status in accordance with the Treasury regulations promulgated under Section 125. The Employer, in its sole discretion as Administrator, shall determine whether a requested change is on account of and consistent with a change in status, as follows: (1) Change in Employee’s legal marital status, inclu ding marriage, divorce, death of spouse, legal separation, and annulment; (2) Change in number of Dependents, including birth, adoption, placement for adoption, ineligibility based on reaching the dependent status age limit, and death; (3) Change in employment status, including any employment status change affecting benefit eligibility of the Employee, spouse or Dependent, such as termination or commencement of employment, change in hours, strike or lockout, a commencement or return from an unpaid leave of 2022/12/06 City Council Post Agenda Page 427 of 1285 15 absence and change in work site. If the eligibility for either the Cafeteria Plan or any underlying benefit plans of the Employer of the Employee, spouse or Dependent relies on the employment status of that individual, and there is a change in that individual’s employment status resulting in gaining or losing eligibility under the Plan, this constitutes a valid change in status. This category only applies if the benefit eligibility is lost or gained as a result of the event. If an Employee terminates and is rehired within 30 days, the Employee is required to step back into his/her previous election. If the Employee terminates and is rehired after 30 days, the Employee may either step back into the previous election or make a new election; (4) Dependent satisfies, or ceases to satisfy, Dependent eligibility requirements; and (5) Residency change of Employee, spouse or Dependent, affecting the Employee’s eligibility for coverage as specified in the insurance policy. (b) Special HIPAA Enrollment Rights. If a Participant or a Participant’s Dependent enrolls in the health insurance plan pursuant to special enrollment rights under HIPAA, the Participant may make a corresponding change in election under this Plan. Special enrollment rights under the health insu rance plan will be determined by the terms of the health insurance plan. (c) Certain Judgments, Decrees or Orders. If a judgment, decree or order resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order [QMCSO]) requires accident or health coverage for a Participant’s child or for a foster child who is a dependent of the Participant, the Participant may have a mid -year election change to add or drop coverage consistent with the Order. (d) Entitlement to Medicare or Medicaid. If a Participant or a Participant’s Dependent who is enrolled in a medical plan of the Employer becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may cancel or reduce health coverage under the Employer’s Plan. Loss of Medicare or Medicaid entitlement would allow the Participant to add health coverage under the Employer’s Plan. Howeve r, if an employee chooses to purchase coverage through Medicare or Medicaid instead through the City, the employee will lose his/her Flex Allotment to any health benefits plan offered by the City. (e) Family and Medical Leave Act. If an Employee is taking leave under the rules of the Family and Medical Leave Act, the Employee may revoke previous elections and re-elect benefits upon return to work. 4.03 OTHER EXCEPTIONS TO THE IRREVOCABILITY OF ELECTIONS. Other exceptions to the irrevocability of election requirement permit mid-year 2022/12/06 City Council Post Agenda Page 428 of 1285 16 election changes and apply to all qualified benefits except for a Health Care Flexible Spending Account, as follows: (a) Change in Cost. If the cost of a benefit package option under the Plan significantly increases during the Plan Year, Participants may (i) make a corresponding increase in their salary reduction amount, (ii) revoke their elections and make a prospective election under another benefit option offering similar coverage, or (iii) revoke election completely if no similar coverage is available, including in spouse or Dependent’s plan. If the cost significantly decreases, employees may elect coverage even if they had not previously participated and may drop their previous election for a similar coverage option in order to elect the Benefit Package Option that has decreased in cost during the year. If the increased or decreased cost of a Benefit Package Option under the Plan is insignificant, the Participant’s salary reduction amount shall be automatically adjusted. (b) Significant curtailment of coverage. (i.) With no loss of coverage. If the coverage under a Benefit Package Option is significantly curtailed or ceases during the Plan Year, affected Participants may revoke their elections for the curtailed coverage and make a new prospective election for coverage under another Benefit Package Option providing similar coverage. (ii.) With loss of coverage. If there is a significant curtailment of coverage with loss of coverage, affected Participants may revoke election for curtailed coverage and make a new prospective election for coverage under another Benefit Package Option providing similar coverage, or drop coverage if no similar Benefit Package Option is available. (c) Addition or Significant Improvement of Benefit Package Option. If during the Plan Year a new benefit package option is added or significantly improved, eligible employees, whether currently participating or not, may revoke their existing election and elect the newly added or newly improved option. (d) Change in Coverage of a Spouse or Dependent Under Another Employer’s Plan. If there is a change in coverage of a spouse, former spouse, or Dependent under another employer’s plan, a Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of the spouse or Dependent. This rule applies if (1) mandatory changes in coverage are initiated by either the insurer of spouse/dependent’s plan or by the spouse/dependent’s employer, or (2) option changes are initiated by the spouse/dependent’s employer or by the spouse/dependent through open enrollment. 2022/12/06 City Council Post Agenda Page 429 of 1285 17 (e) Loss of coverage under other group health coverage. If during the Plan Year coverage is lost under any group health coverage sponsored by a governmental or educational institution, a Participant may prospectively change his or her election to add group health coverage for the affected Participant or his or her dependent. (a) Coverage through Covered California Plan. An employee may revoke election under the City group health plan if the employee qualifies for Special Enrollment Period under the Covered California Plan (Marketplace). The employee’s revocation must correspond to his or her intended enrollment. The Covered California Plan must begin by the day immediately following the last day of the revoked coverage. However, if an employee chooses to purchase coverage through Covered California instead through the City, the employee will lose his/her Flex Allotment to any health benefits plan offered by the City. 4.04 CASH PAYMENT OPTION: Available eligible amounts not used for the purchase of benefits under this Plan may be considered a cash benefit under the Plan payable to the Participant as taxable income to the extent indicated in Item E of the Adoption Agreement and as specified in the Participant’s MOU or Compensation Summary. 4.05 PAYMENT FROM EMPLOYER’S GENERAL ASSETS: Payment of benefits under this Plan shall be made by the Employer from Elective Contributions which shall be held as part of its general assets. 4.06 EMPLOYER MAY HOLD ELECTIVE CONTRIBUTIONS: Pending payment of benefits in accordance with the terms of this Plan, Elective Contributions may be retained by the Employer in a separate account, or if elected by the Employer and as permitted or required by regulations of the Internal Revenue Service, Department of Labor or other governmental agency, such amounts of Elective Contributions may be held in a trust pending payment. 4.07 MAXIMUM EMPLOYER CONTRIBUTIONS: With respect to each Participant, the maximum amount made available to pay benefits for any Plan Year shall not exceed the Employer’s Contribution specified in the Adoption Agreement and as provided in this Plan. SECTION V GROUP HEALTH INSURANCE BENEFIT PLAN 5.01 PURPOSE: These benefits provide the group health insurance benefits to Participants. 5.02 ELIGIBILITY: Eligibility will be required in Items F(1), F(2), and F(3) of the Adoption Agreement. 2022/12/06 City Council Post Agenda Page 430 of 1285 18 5.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in items F(1), F(2), and F(3) of the Adoption Agreement. 5.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and limitations of the benefits offered shall be as specifically described in the Policy identified in the Adoption Agreement. 5.05 COBRA: To the extent required by Section 4980B of the Code and Sections 601 through 607 of ERISA, Participants and Dependents shall be entitled to continued participation in this Group Health Insurance Benefit Plans by contributing monthly (subject to taxation) 102% of the amount of the premium for the desired benefits during the period that such individual is entitled to elect continuation coverage, provided, however, in the event the continuation period is extended to 29 months due to disability, the premium to be paid for the continuation coverage for the 11 month extension period shall be 150% of the applicable premium. 5.06 SECTION 105 AND 106 PLAN: It is the intention of the Employer that these benefits shall be eligible for exclusion from the gross income of the Participants covered by this benefit plan, as provided in Code Sections 105 and 106, and all provisions of this benefit plan shall be construed in a manner consistent with that intention. It is also the intention of the Employer to comply with the provision of the Consolidated Omnibus Budget Reconciliation Act of 1985 as outlined in the policies identified in the Adoption Agreement. However, eligibility for tax qualified benefits will be subject to all state and federal regulations. In order to receive tax free benefits, a participant must meet all other state and federal eligibility guidelines. 5.07 CONTRIBUTIONS: Contributions for these benefits will be provided by the Employer on behalf of a Participant as provided for in Item E of the Adoption Agreement. 5.08 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT: Notwithstanding anything to the contrary herein, the Group Medical Insurance Benefit Plan shall comply with the applicable provision of the Uniformed Services Employment and Reemployment Rights Act of 1994. SECTION VI HEALTH CARE FLEXIBLE SPENDING ACCOUNT PLAN 6.01 The Plan Document for this option is included in the attached Exhibit A and is incorporated by reference. 2022/12/06 City Council Post Agenda Page 431 of 1285 19 SECTION VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT PLAN 7.01 The Plan Document for this option is included in the attached Exhibit A and is incorporated by reference. SECTION VIII HARTFORD GROUP CRITICAL ILLNESS, GROUP HOSPITAL INDEMNITY AND GROUP ACCIDENT INSURANCE 8.01 The Plan Document for these options is in cluded in the attached Exhibit B and is incorporated by reference. SECTION IX EMPLOYEE ASSISTANCE PROGRAM 9.01 The Plan Document for this benefit is included in the attached Exhibit C and is incorporated by reference. SECTION X AMENDMENT AND TERMINATION 10.01 AMENDMENT: The Employer shall have the right at any time, and from time to time, to amend, in whole or in part, any or all of the provisions of this Plan, provided that no such amendment shall change the terms and conditions of payment of any benefits to which Participants and covered Dependents otherwise have become entitled to under the provisions of the Plan, unless such amendment is made to comply with federal or local laws or regulations. The Employer also shall have the right to make any amendment retroactively, which is necessary to bring the Plan into conformity with the Code. In addition, the Employer may amend any provision or any supplements to the Plan and may merge or combine supplements or add additional supplement to the Plan, or separate existing supplements into an additional number of supplements. 10.02 TERMINATION: The Employer shall have the right at any time to terminate this Plan, provided that such termination shall not eliminate any obligations of the Employer which therefore have arisen under the Plan. 2022/12/06 City Council Post Agenda Page 432 of 1285 20 SECTION XI ADMINISTRATION 11.01 NAMED FIDUCIARIES: The Administrator shall be the fiduciary of the Plan. 11.02 APPOINTMENT OF RECORDKEEPER: The Employer may appoint a Reimbursement Recordkeeper which shall have the power and responsibility of performing recordkeeping and other ministerial duties arising under the Health Care Flexible Spending Account Plan and the Dependent Care Flexible Spending Account Plan provisions of this Plan. The Reimbursement Recordkeeper shall serve at the pleasure of, and may be removed by, the Employer without cause. The Recordkeeper shall receive reasonable compensation for its services as shall be agreed upon from time to time between the Administrator and the Recordkeeper. 11.03 POWERS AND RESPONSIBILITIES OF ADMINISTRATOR: a. General. The Administrator shall be vested with all powers and authority necessary in order to amend and administer the Plan, and is authorized to make such rules and regulations as it may deem necessary to carry out the provisions of the Plan. The Administrator shall determine any questions arising in the administration (including all questions of eligibility and determination of amount, time and manner of payments of benefits), construction, interpretation and application of the Plan, and the decision of the Administrator shall be final and binding on all persons. b. Recordkeeping. The Administrator shall keep full and complete records of the administration of the Plan. The Administrator shall prepare such reports and such information concerning the Plan and the administration thereof by the Administrator as may be required under the Code or ERISA and the regulation promulgated thereunder. c. Inspection of Records. The Administrator shall, during normal business hours, make available to each Participant for examination by the Participant at the principal office of the Administrator a copy of the Plan and such records of the Administrator as may pertain to such Participant. No Participant shall have the right to inquires as to or inspect the accounts or records with respect to other Participants. 11.04 COMPENSATION AND EXPENSES OF ADMINISTRATOR: The Administrator shall serve without compensation for services as such. All expenses of the Administrator shall be paid by the Employer. Such expenses shall include any expense incident to the functioning of the Plan, including, but not limited to, attorneys’ fees, accounting and clerical charges, actuary fees and other costs of administering the Plan. 2022/12/06 City Council Post Agenda Page 433 of 1285 21 11.05 LIABILITY OF ADMINISTRATOR: Except as prohibited by law, the Administrator shall not be liable personally for any loss or damage or depreciation which may result in connection with the exercise of duties or of discretion hereunder or upon any other act or omission hereunder except when due to willful misconduct. In the event the Administrator is not covered by fiduciary liability insurance or similar insurance arrangements, the Employer shall indemnify and hold harmless the Administrator from any and all claims, losses, damages, expenses, (including reasonable counsel fees approved by the Administrator) and liability (including any reasonable amounts paid in settlement with the Employer’s approval) arising from any act or omission of the Administrator, except when the same is determined to be due to the willful misconduct of the Administrator by a court of competent jurisdiction. 11.06 DELEGATION OF RESPONSIBILITY: The Administrator shall have the authority to delegate, from time to time, all or any part of its responsibilities under the Plan to such person or persons as it may deem advisable and in the same manner to revoke any such delegation of responsibility which shall have the same force and effect for all purposes hereunder as if such action had been taken by the Administrator. The Administrator shall not be liable for any acts or omissions of any such delegate. The delegate shall report periodically to the Administrator concerning the discharge of the delegated responsibilities. 11.07 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION: The Administrator may release or obtain any information necessary for the application, implementation and determination of this Plan or other Plans without consent or notice to any person. This information may be released to or obtained from any insurance company, organization, or person subject to applicable law. Any individual claiming benefits under this Plan shall furnish to the Administrator such information as may be necessary to implement this provision. 11.08 CLAIM FOR BENEFITS: To obtain payment of any benefits under the Plan a Participant must comply with the rules and procedures of the particular benefit program elected pursuant to this Plan under which the Participant claims a benefit. 11.09 PROTECTED HEALTH INFORMATION: The provisions of this Section shall be effective on April 14, 2004 or at such other date required by 45 CFR Section 164.534. The Plan may disclose PHI to employees of the Employer with employee benefits responsibility or to employees with oversight responsibility for third party administrator claims administration. Access to and use by such individual must be restricted to plan administration functions that the plan sponsor performs for the Plan. The applicable claims procedures under the Plan shall be used to resolve any issues of non-compliance by such individuals. The Plan may disclose PHI to such individual only if the Employer certifies that 2022/12/06 City Council Post Agenda Page 434 of 1285 22 the Plan documents have been amended to incorporate the following specific provisions, and the Employer agrees to comply with them. The Employer will:  Not use or further disclose PHI other than as permitted by the plan documents or as required by law;  Ensure that any agents or subcontractors to whom it provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Employer;  Not use or disclose PHI for employment-related actions or in connection with any other employee benefit plan;  Report to the Plan any use of disclosure of the information that is inconsistent with the permitted uses or disclosures;  Make available to Plan participants, consider their amendments, and upon their request, provide them with an accounting of PHI disclosures;  Make its internal practices and records relating to the use and disclosure of PHI received from the Plan available to the Department of Health and Human Services upon request; and  Will, if feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any form and retain no copies of such information when no longer needed for the purposes for which the disclosure was made, except that, if such return or destruction is not feasible, limit further uses no disclosure to those purposes that make the return or discretion of the information infeasible. For purposes of this Section, “PHI” is “Protected Health Information” as defined in 45 CFR Section 164.501, which is individually identifiable health information that is maintained or transmitted any a covered entity, as defined in 45 CFR Section 16.4104. SECTION XII MISCELLANEOUS PROVISIONS 12.01 FORMS AND PROOFS: Each Participant or Participant’s Beneficiary eligible to receive any benefit hereunder shall complete such forms and furnish such proofs, receipts, and release as shall be required by the Administrator. 12.02 NON-ASSIGNABILITY: No benefit under the Plan shall be liable for any debt, liability, contract, engagement or tort of any Participant or his Beneficiary, nor be subject to charge, anticipation, sale, assignment, transfer, encumbrance, 2022/12/06 City Council Post Agenda Page 435 of 1285 23 pledge, attachment, garnishment, execution or other voluntary or involuntary alienation or other legal or equitable process, nor transferability by operation of law. 12.03 CONSTRUCTION: (a) Words used herein in the masculine or feminine gender shall be construed as the feminine or masculine gender, respectively where appropriate. (b) Words used herein in the singular or plural shall be construed as the plural or singular, respectively, where appropriate. 12.04 NONDISCRIMINATION: In accordance with Code Section 125(b)(1), (2), and (3), this Plan is intended not to discriminate in favor of Highly Compensated Participants (as defined in Code Section 125(e)(1) as to contributions and benefits nor to provide more that 25% of all qualified benefits to Key Employees. If, in the judgment of the Administrator, more than 25% of the total non-taxable benefits are provided to Key Employees, or the Plan discriminates in any other manner (or is at a risk of possible discrimination), then notwithstanding any other provision contained herein to the contrary, and in accordance with the applicable provision of the Code, the Administrator shall, after written notification to affected Participants, reduce or adjust such contributions and benefits under the Plan as shall be necessary to insure that, in the judgment of the Administrator, the Plan shall not be discriminatory. 12.05 ERISA: The Plan shall be construed, enforced, and administered and the validity determined in accordance with the applicable provision of the Employee Retirement Income Security Act of 1974 (as amended), the Internal Revenue Code of 1986 (as amended), and the laws of the State indicated in the Adoption Agreement. Notwithstanding anything to the contrary herein, the provisions of ERISA will not apply to this Plan if the Plan is exempt from coverage under ERISA. Should any provisions be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only will be deemed not to include the provision determined to be void. 2022/12/06 City Council Post Agenda Page 436 of 1285 EXHIBIT A HEALTH CARE & DEPENDENT/CHILD CARE FLEXIBLE SPENDING ACCOUNTS PLAN DOCUMENT Amended and Restated as of January 1, 2023 Human Resources Department City of Chula Vista 2022/12/06 City Council Post Agenda Page 437 of 1285 annual amount I have elected for the Health Care Spending Account Reimbursement? ...... 13 What happens if a Claim for Benefits under the Health Care Spending Account is denied? ................................................................................................................................. 13 What happens to unclaimed Health Care Spending Account Reimbursements? ..................14 What is continuation coverage? ........................................................................................... 14 Will my health information be kept confidential? ............................................................... 16 How long will the Health Care Spending Account remain in effect? ...................................16 Q-14. Q-15. Q-16. Q-17. Q-18. DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY ....................................18 i CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION TABLE OF CONTENTS CAFETERIA PLAN COMPONENT SUMMARY ................................................................................. 2 Q-1. What is the purpose of the Cafeteria Plan? ............................................................................ 2 Q-2. Who can participate in the Cafeteria Plan? ............................................................................ 2 Q-3. How do I become a participant? ............................................................................................ 2 Q-4. When does my participation in the Cafeteria Plan end? ........................................................ 3 Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? ............... 3 Q-6. What are the election periods for entering the Cafeteria Plan? ...............................................4 Q-7. Under what circumstances can I change my election during the Plan Year? ..........................5 Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? ....................... 5 Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? ......6 Q-10. How long will the Cafeteria Plan remain in effect? ............................................................... 7 Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? ...................... 7 HEALTH CARE SPENDING ACCOUNT COMPONENT SUMMARY ..............................................8 Q-1. Who can participate in the Health Care Spending Account? ................................................. 8 Q-2. How do I become a Participant? ............................................................................................ 8 Q-3. What is my Health Care Spending Account? ......................................................................... 9 Q-4. When does my coverage under the Health Care Spending Account end? ..............................9 Q-5. Can I ever change my Health Care Spending Account election? ........................................... 9 Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence? ............................................................................................................................... 10 Q-7. What is the maximum annual Health Care Spending Account amount that I may elect under the Health Care Spending Account, and how much will it cost? ................................10 Q-8. How are Health Care Spending Account benefits paid for under this Plan? .........................10 Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any particular time during the Plan Year? ........................................................................... 10 Q-10. How do I receive reimbursement under the Health Care Spending Account? ...................... 11 Q-11. What is an “Eligible Medical Expense?” ............................................................................. 11 Q-12. When must the expenses be incurred in order to receive reimbursement? ...........................12 Q-13. What if the “Eligible Medical Expenses” I incur during the Plan Year are less than the 2022/12/06 City Council Post Agenda Page 438 of 1285 annual amount I have elected for the Health Care Spending Account Reimbursement? ...... 13 What happens if a Claim for Benefits under the Health Care Spending Account is denied? ................................................................................................................................. 13 What happens to unclaimed Health Care Spending Account Reimbursements? ..................14 What is continuation coverage? ........................................................................................... 14 Will my health information be kept confidential? ............................................................... 16 How long will the Health Care Spending Account remain in effect? ...................................16 Q-14. Q-15. Q-16. Q-17. Q-18. DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY ....................................18 i CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION TABLE OF CONTENTS CAFETERIA PLAN COMPONENT SUMMARY ..................................................................................2 Q-1. What is the purpose of the Cafeteria Plan? .............................................................................2 Q-2. Who can participate in the Cafeteria Plan? .............................................................................2 Q-3. How do I become a participant? ............................................................................................ 2 Q-4. When does my participation in the Cafeteria Plan end? .........................................................3 Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? ............... 3 Q-6. What are the election periods for entering the Cafeteria Plan? ...............................................4 Q-7. Under what circumstances can I change my election during the Plan Year? ..........................5 Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? ....................... 5 Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? ...... 6 Q-10. How long will the Cafeteria Plan remain in effect? ................................................................7 Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? ...................... 7 HEALTH CARE SPENDING ACCOUNT COMPONENT SUMMARY .............................................. 8 Q-1. Who can participate in the Health Care Spending Account? ..................................................8 Q-2. How do I become a Participant? ............................................................................................ 8 Q-3. What is my Health Care Spending Account? ......................................................................... 9 Q-4. When does my coverage under the Health Care Spending Account end? ..............................9 Q-5. Can I ever change my Health Care Spending Account election? ............................................ 9 Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence? ............................................................................................................................... 10 Q-7. What is the maximum annual Health Care Spending Account amount that I may elect under the Health Care Spending Account, and how much will it cost? ................................ 10 Q-8. How are Health Care Spending Account benefits paid for under this Plan? ......................... 10 Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any particular time during the Plan Year? ............................................................................10 Q-10. How do I receive reimbursement under the Health Care Spending Account? ...................... 11 Q-11. Medical E ..............................................................................11 Q-12. When must the expenses be incurred in order to receive reimbursement? ........................... 12 Q-13. What if the Medical I incur during the Plan Year are less than the 2022/12/06 City Council Post Agenda Page 439 of 1285 ii Q-1. Who can participate in the Dependent Care Spending Account? .........................................18 Q-2. How do I become a Participant? ...........................................................................................18 Q-3. Spending ............................................................................... 18 Q-4. When does my coverage under the Dependent Care Spending Account end?...................... 18 Q-5. Can I ever change my Dependent Care Spending Account election? ................................... 19 Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of absence? ............................................................................................................................... 19 Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I may elect under the Dependent Care Spending Account? .................................................... 19 Q-8. How do I pay for Dependent Care Spending Account Reimbursements? ............................ 20 Q-9. - claim a reimbursement? ................................................................................................................... 20 Q-10. How do I receive reimbursement under the Dependent Care Spending Account? ............... 21 Q-11. When must the expenses be incurred in order to receive reimbursement? ........................... 22 Q-12. - less than the annual amount of coverage I have elected for Dependent Care Spending Account Reimbursement? .....................................................................................................23 Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive? ..................... 23 Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the household and dependent care credit on my federal income tax return?............................... 23 Q-15. What is the household and dependent care credit? ...............................................................23 Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements? ........... 24 Q-17. What happens if my claim for reimbursement under the Dependent Care Spending Account is denied? ............................................................................................................... 24 Q-18 How long will the Dependent Care Spending Account remain in effect? ............................. 24 PLAN INFORMATION SUMMARY .................................................................................................... 25 A. Employer/Plan Sponsor Information ....................................................................................25 B. Cafeteria Plan Component Information ................................................................................ 26 C. Health Care Spending Account Component Information ..................................................... 28 D. Dependent Care Spending Account Component Information .............................................. 30 APPENDIX I CLAIMS REVIEW PROCEDURE ..............................................................................31 APPENDIX II TAX ADVANTAGES EXAMPLE ..............................................................................33 APPENDIX III ELECTION CHANGE CHART ................................................................................34 2022/12/06 City Council Post Agenda Page 440 of 1285 1 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN City of choose from several different employee benefit plans (whi -called because it lets you according to your individual needs, and allows you to use pretax dollars to pay for them by entering into a salary reduction arrangement with the Employer. This Plan helps you because the benefits you elect are nontaxable (e.g., you save social security and income taxes on the amount of your salary reduction). Alternatively, to the extent described in your enrollment materials, you may choose to pay for any of the available benefits with After-tax Contributions as deductions from your salary. This Plan has three components: i. A Cafeteria Plan Component. The Cafeteria Plan Component allows you to pay your share of Contributions. ii. amount of Pretax Contributions to be used for reimbursement of Eligible Medical Expenses. The HCSA is intended to qualify as a Code Section 105 self-insured medical reimbursement Plan. iii. specified amount of Pretax Contributions to be used for reimbursement of Eligible Employment- Related Expenses. The DCSA is intended to qualify as a Code Section 129 dependent care assistance plan. Each of the three components is summarized in this document. Information relating to the Plan that is specific to your Employer is described in the Plan Information Summary. For example, you can find the identity of the Third Party Administrator, the Employer, and the Plan Administrator in the Plan Information Summary as well as the Plan Number and any applicable contact information. Each summary and the attached Appendices constitute the Summary Plan Description for the Cafeteria Plan. The SPD operates, and how you can get the maximum advantage from it. The Plan is also established pursuant to a plan document into which this SPD has been incorporated. However, if there is a conflict between the official plan document and the SPD, the plan document will govern. Certain terms in this Summary are capitalized. Capitalized terms reflect important terms that are specifically defined in this Summary or in the Plan Document into which this Summary is incorporated. You should pay special attention to these terms as they play an important role in defining your rights and responsibilities under this Plan. Participation in the Plan does not give any Participant the right to be retained in the employment of his or her Employer or any other right not specified in the Plan. If you have any questions regarding your rights and responsibilities under the Plan, you may also contact the Plan Administrator (who is identified in the Plan Information Summary). 2022/12/06 City Council Post Agenda Page 441 of 1285 2 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Cafeteria Plan Component Summary Q-1. What is the purpose of the Cafeteria Plan? The purpose of the Cafeteria Plan is to allow eligible Employees to pay for certain benefit plans called which you may contribute with Pretax Contributions under this Cafeteria Plan are described in the Plan Information Summary. Pretax Contributions are described in more detail below. Q-2. Who can participate in the Cafeteria Plan? Each Employee of the Employer (or an Affiliated Employer listed in the Plan Information Summary) who (i) satisfies the Cafeteria Plan Eligibility Requirements and (ii) is also eligible to participate in any of the Benefit Plan Options, will be eligible to participate in this Cafeteria Plan. If you meet these requirements, you may become a Participant on the Cafeteria Plan Eligibility Date. The Cafeteria Plan Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Those Employees who actually participate in the Cafeteria Plan are called The terms of eligibility of this Cafeteria Plan do not override the terms of eligibility of each of the Benefit Plan Options. In other words, if you are eligible to participate in this Cafeteria Plan, it does not necessarily mean you are eligible to participate in the Benefit Plan Options. For the details regarding eligibility provisions, benefit amounts, and premium schedules for each of the Benefit Plan Options, please refer to the plan summary of each of the Benefit Plan Options. If you do not have a summary for each of the Benefit Plan Options, you should contact the Plan Administrator for information on how to obtain a copy. You may only pay for the coverage of yourself and your tax dependents; however, for health plan purposes and the Health Care Spending Account), a Dependent is any child of yours who as of the end of the taxable year has not attained age twenty-seven (27)), even if he/she is married or is not a tax dependent. Q-3. How do I become a Participant? If you have otherwise satisfied the Cafeteria Plan Eligibility Requirements, you become a Participant by you agree to pay for the Benefit Plan Options that you choose with Pretax Contributions. You will be provided with a Salary Reduction Agreement or Election Form on or before your Cafeteria Plan Eligibility Date. You must complete the form and submit it to the Plan Administrator or its designated Third Party Administrator (as indicated on or with the Salary Reduction Agreement), during one of the election periods described in Q-6 below. You may also enroll during the year if you previously elected not to participate and you experience a change described below that allows you to become a Participant during the year. If that occurs, you must complete an Election Change Form during the Election Change Period described in Q-7 below. In no event can you become a Participant in this Cafeteria Plan prior to the date you complete and properly submit the Salary Reduction Agreement to the appropriate person(s). 2022/12/06 City Council Post Agenda Page 442 of 1285 3 In some cases, the Employer may require you to pay your share of the Benefit Plan Option coverage that you elect with Pretax Contributions. If that is the case, your election to participate in the Benefit Plan Options(s) will constitute an election under this Cafeteria Plan. Enrollment may also be accomplished via telephone, voice response technology, electronic communication, web or online enrollment systems, or any other method prescribed by the Plan Administrator. Q-4. When does my participation in the Cafeteria Plan end? Your coverage under the Cafeteria Plan ends on the earliest of the following to occur: a. The date that you make an election not to participate in accordance with this Cafeteria Plan Component Summary; b. The date you no longer satisfy the Eligibility Requirements of this Cafeteria Plan or all of the Benefit Plan Options; c. The date that you terminate employment with the Employer; or d. The date that the Cafeteria Plan is either terminated or amended to exclude you or the class of Employees of which you are a member. If your employment with the Employer is terminated during the Plan Year or you otherwise cease to be eligible, your active participation in the Cafeteria Plan will automatically cease, and you will not be able to make any more Pretax Contributions under the Cafeteria Plan except as otherwise provided pursuant to Employer policy or individual arrangement (e.g., a severance arrangement where the former Employee is permitted to continue paying for a Benefit Plan Option out of severance pay on a pretax basis). If you are rehired within the same Plan Year and are eligible for the Cafeteria Plan (or you become eligible again), you may make new elections, if you are rehired or become eligible again more than 30 days after you terminated employment or lost eligibility (subject to any limitations imposed by the Benefit Plan Option(s)). If you are rehired or again become eligible within 30 days or less of your termination date, your Cafeteria Plan elections that were in effect when you terminated employment or stopped being eligible will be reinstated and remain in effect for the remainder of the Plan Year (unless you are allowed to change your election in accordance with the terms of the Plan). Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? You save both federal income tax and FICA (Social Security) taxes by participating in the Cafeteria Plan. There is an example in Appendix II that illustrates the tax savings you might experience as a result of participating in the Cafeteria Plan. Participation in the Cafeteria Plan will reduce the amount of your taxable compensation. Accordingly, there could be a decrease in your Social Security benefits and/or other benefits (e.g., pension, disability, and life insurance) that are based on taxable compensation. 2022/12/06 City Council Post Agenda Page 443 of 1285 4 Q-6. What are the election periods for entering the Cafeteria Plan? Change in Status Event. The following is a summary of the Initial Election Period and the Annual Election Period. Q-6a. What is the Initial Election Period? If you want to participate in the Cafeteria Plan when you are first hired, you must enroll during an election during the Initial Election Period, your participation in this Cafeteria Plan will begin on the later of your Eligibility Date or the first pay period coinciding with or next following the date that your election is received by the Plan Administrator (or its designated Third Party Administrator). The effective date of coverage under the Benefit Plan Options will be effective on the date established in the governing documents of the Benefit Plan Options. The election that you make during the Initial Election Period is effective for the remainder of the Plan Year and generally cannot be changed during the Plan Year unless you have a Change in Status Event described in Q-7 below. If you do not make an election during the Initial Election Period, you will be deemed to have elected not to participate in this Cafeteria Plan for the remainder of the Plan Year. Failure to make an election under this Cafeteria Plan generally results in no coverage under the Benefit Plan Options; however, the Employer may provide coverage under certain Benefit Plan Options automati provided by your Employer will be identified in the enrollment materials. In addition, your share of the contributions for such Default Benefits may be automatically withdrawn from your pay on a pretax basis. You will be notified in the enrollment materials whether there will be a corresponding Pretax Contribution for such default benefits. Q-6b. What is the Annual Election Period? did not enroll during the Initial Election Period or change your elections for the next Plan Year. The Annual Election Period will be identified in the enrollment materials distributed to you prior to the Annual Election Period. The election that you make during the Annual Election Period is effective the first day of the next Plan Year and cannot be changed during the entire Plan Year unless you have a Change in Status Event described in Q-7 below. If you fail to complete, sign, and file a Salary Reduction Agreement during the Annual Election Period, you may be deemed to have elected to continue participation in the Cafeteria Plan with the same Benefit Plan Option elections that you had on the last day of the Plan Year in which the Annual Election period occurred (adjusted to reflect any increase/decrease in applicable Administrator may deem you to have elected not to participate in the Cafeteria Plan for the next Plan Year if you fail to make an election during the Annual Election Period. The consequences of failing to make an election during the Annual Election Period are described in the Plan Information Summary. 2022/12/06 City Council Post Agenda Page 444 of 1285 5 The Plan Year is generally a 12-month period (the initial or last Plan Year of the Plan could be an exception). The beginning and ending dates of the Plan Year are described in the Plan Information Summary. Q-7. Under what circumstances can I change my election during the Plan Year? Generally, you cannot change your election under this Cafeteria Plan during the Plan Year. There are, however, a few exceptions. First, your election will automatically terminate if you terminate employment or lose eligibility under this Cafeteria Plan or under all of the Benefit Plan Options that you have chosen. Second, you may voluntarily change your election during the Plan Year if you satisfy the following conditions (prescribed by federal law): a. You experience a of Status that affects your eligibility under this Cafeteria Plan and/or Benefit Plan Option; or b. You experience a significant Cost or Coverage Change; and c. You complete and submit a written Election Change Form within the Election Change Period described in the Plan Information Summary. Change in Status Events and Cost or Coverage Changes recognized by this Cafeteria Plan, and the rules surrounding election changes in the event you experience a Change in Status Event or Cost or Coverage Change are described in Appendix III - Election Change Chart. Third, an election under this Cafeteria Plan may be modified downward during the Plan Year if you are a Key Employee or Highly Compensated Individual (as defined by the Internal Revenue Code), if necessary to prevent the Cafeteria Plan from becoming discriminatory within the meaning of the applicable federal income tax law. If coverage under a Benefit Plan Option ends, the corresponding Pretax Contributions for that coverage will automatically end. No election is needed to stop the contributions. Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? You may be given a choice to pay for any Benefit Plan Option coverage that you elect with Pretax or After- tax Contributions. The enrollment materials you receive will indicate whether you have an option to choose to pay with Pretax or After-tax Contributions. When you elect to participate both in a Benefit Plan Option and this Cafeteria Plan, an amount equal to your share of the annual cost of those Benefit Plan Options that you choose divided by the applicable number of pay periods you have during that Plan Year is deducted from each paycheck after your election date. If you have chosen to use Pretax Contributions (or it is a Plan requirement), the deduction is made before any applicable federal and/or state taxes are withheld. An Employer may choose to pay for a share of the cost of the Benefit Plan Options you choose with Non- elective Employer Contributions. The amount of Non-elective Employer Contributions that is applied by the Employer towards the cost of the Benefit Plan Option(s) for each Participant and/or level of coverage 2022/12/06 City Council Post Agenda Page 445 of 1285 6 is subject to the sole discretion of the Employer and it may be adjusted upward or downward in the -elective Employer Contribution amount will be calculated for each Plan Year in a uniform and nondiscriminatory manner and may be based upon your dependent status, commencement or termination date of your employment during the Plan Year, and such other factors that the Employer deems relevant. In no event will any Non-elective Employer Contribution be disbursed to you in the form of additional taxable compensation except as otherwise provided in the enrollment material or the Plan Information Summary. Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? The following is a general summary of the rules regarding participation in the Cafeteria Plan (and the Benefit Plan Options) during a leave of absence. The specific election changes that you can make under this Cafeteria Plan following a leave of absence are described in the Election Change Chart and the rules regarding coverage under the Benefit Plan Options during a leave of absence will be described in the Benefit Plan Option summaries. If there is a conflict between the Election Change Chart/Benefit Plan Option Summaries and this Q-9, the Election Change Chart or Benefit Plan Option summary, whichever is applicable, will control. a. If you go on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), the Employer will continue to maintain your Benefit Plan Options that provide health coverage on the same terms and conditions as though you were still active to the extent required by FMLA (e.g., the Employer will continue to pay its share of the contribution to the extent you opt to continue coverage). b. Your Employer may elect to continue all health coverage for Participants while they are on paid leave (provided Participants on non-FMLA paid leave are required to continue coverage). If so, you will pay your share of the contributions by the method normally used during any paid leave (for example, with Pretax Contributions if that is what was used before the FMLA leave began). c. In the event of unpaid FMLA leave (or paid leave where coverage is not required to be continued), if you opt to continue your group health coverage, you may pay your share of the contribution in one of the following ways: i. With After-tax Contributions while you are on leave. ii. You may pre-pay all or a portion of your share of the contribution for the expected duration of the leave with Pretax Contributions from your pre-leave compensation by making a special election to that effect before the date such compensation would normally be made available to you. However, pre-payments of Pretax Contributions may not be utilized to fund coverage during the next Plan Year. iii. By other arrangements agreed upon between you and the Plan Administrator (for example, the Plan Administrator may fund coverage during the leave and withhold amounts from your compensation upon your return from leave). The payment options provided by the Employer will be established in accordance with Code absence and will be applied uniformly to all Participants. Alternatively, the Employer may require all Participants to continue coverage during the leave. If so, you may elect to discontinue 2022/12/06 City Council Post Agenda Page 446 of 1285 7 your share of the required contributions until you return from leave. Upon return from leave, you will be required to repay the contribution not paid during the leave in a manner agreed upon with the Plan Administrator. The Election Change Chart will let you know whether you are able to drop your coverage or whether you are required to continue coverage during the leave. d. If your coverage ceases while on FMLA leave (e.g., for non-payment of required contributions), you will be permitted to re-enter the Cafeteria Plan and the Benefit Plan Option upon return from such leave on the same basis as you were participating in the plans prior to the leave, or as otherwise required by the FMLA. Your coverage under the Benefit Plan Options providing health coverage may be automatically reinstated provided that coverage for Employees on non- FMLA leave is automatically reinstated upon return from leave. e. The Employer may, on a uniform and consistent basis, continue your group health coverage for the duration of the leave following your failure to pay the required contribution. Upon return from leave, you will be required to repay the contribution in a manner agreed upon by you and the Employer. f. If you are commencing or returning from unpaid FMLA leave, your election under this Cafeteria Plan for Benefit Plan Options providing non-health benefits shall be treated in the same manner that elections for non-health Benefit Plan Options are treated with respect to Participants commencing and returning from unpaid non-FMLA leave. g. If you go on an unpaid non-FMLA leave of absence (e.g., personal leave, sick leave, etc.) that does not affect eligibility in this Cafeteria Plan or a Benefit Plan Option offered under this Cafeteria Plan, then you will continue to participate and the contribution due will be paid by pre- payment before going on leave, by After-tax Contributions while on leave, or with catch-up contributions after the leave ends, as may be determined by the Plan Administrator. If you go on an unpaid leave that affects eligibility under this Cafeteria Plan or a Benefit Plan Option, the election change rules described herein will apply. The Plan Administrator will have discretion to determine whether taking an unpaid non-FMLA leave of absence affects eligibility. Q-10. How long will the Cafeteria Plan remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the Plan or any of its component programs at any time for any reason. Plan amendments and terminations will be conducted in accordance with the terms of the Plan document. Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Cafeteria Plan. 2022/12/06 City Council Post Agenda Page 447 of 1285 8 oes not CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Health Care Spending Account Component Summary Q-1. Who can participate in the Health Care Spending Account? Each Employee who satisfies the HCSA Eligibility Requirements is eligible to participate on the HCSA Eligibility Date. The HCSA Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Q-2. How do I become a Participant? If you have otherwise satisfied the HCSA Eligibility Requirements, you become a Participant in the HCSA by electing Health Care Savings Account benefits during the Initial or Annual Election Periods as described in the Cafeteria Plan Component Summary). Your participation in the HCSA will be effective on the date that you make an election or on your HCSA Eligibility Date, whichever is later. See the Plan Information participate during the next Plan Year, you must make an election during the Annual Election Period, even if you do not change your current election. Evergreen Elections do not apply to HCSA elections. You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details regarding mid-year election changes and the effective date of those changes). Once you become a Participant, your "Eligible Dependents" also become covered. For purposes of the HCSA, Eligible Dependents are the following: (i) Your legal Spouse (as determined by state law to the extent consistent with the federal Defense of Marriage Act) and (ii) Any other individuals who would qualify as a tax Dependent, including any child of yours who as of the end of the taxable year has not attained age twenty-seven (27). If the Plan Administrator receives a qualified medical child support order (QMCSO) relating to the HCSA, to medical child support. A medical child support order is a QMCSO to the extent it satisfies certain conditions required by law. Before providing any coverage to an alternate recipient, the Plan Administrator must determine whether the medical child support order is a QMCSO. If the Plan Administrator receives a medical child support order relating to your HCSA, it will notify you in writing, and after receiving the order, it will inform you of its determination of whether or not the order is 2022/12/06 City Council Post Agenda Page 448 of 1285 9 qualified. Upon request to the Plan procedures governing qualified medical child support orders. Q-3. What is my Health Care Spending Account? If you elect to participate in the HCSA, the Employer will establish a keep a record of the reimbursements you are entitled to, as well as the contributions you elected to withhold for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping account. Be forth in the Plan Information Summary. Q-4. When does my coverage under the Health Care Spending Account end? Your coverage under the HCSA ends on the earlier of the following to occur. See the Plan Information a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary; b. The last day of the Plan Year unless you make an election during the Annual Election Period; c. The date you no longer satisfy the HCSA Eligibility Requirements; d. The date you terminate employment; or e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member are specifically excluded from the Plan. You may be entitled to elect Continuation Coverage (as described in Q-16 below) under the HCSA once your coverage ends because you terminate employment or experience a reduction in hours of employment. Coverage for your Eligible Dependents ends on earliest of the following to occur: a. The date your coverage ends; b. The date that your Dependents cease to be eligible Dependents (e.g., you and your Spouse divorce); or c. The date the Plan is terminated or amended to exclude the individual or the class of Dependents of which the individual is a member from coverage under the HCSA. You and/or your covered Dependents may be entitled to continue coverage if coverage is lost for certain reasons. The Continuation of Coverage provisions are described in more detail below. Q-5. Can I ever change my Health Care Spending Account election? You can change your election under the HCSA in the following situations: a. For any reason during the Annual Election Period. You can change your election during the Annual Election Period for any reason. The election change will be effective the first day of the Plan Year following the end of the Annual Election Period. b. Following a Change in Status Event. You may change your HCSA election during the Plan Year only if you experience an applicable Change in Status Event. See Q-7 of the Cafeteria Plan Component Summary for more information on election changes. NOTE: You may not make HCSA election changes as a result of any Cost or Coverage Changes. 2022/12/06 City Council Post Agenda Page 449 of 1285 10 Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence? Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any, specific changes you can make during a leave of absence. If your HCSA coverage ceases during an FMLA leave, you may, upon returning from FMLA leave, elect to be reinstated in the HCSA at either: a. The same coverage level in effect before the FMLA leave (with increased contributions for the remaining period of coverage); or b. At the same coverage level that is reduced pro-rata for the period of FMLA leave during which you did not make any contributions. Under either scenario, expenses incurred during the period that your HCSA coverage was not in effect are not eligible for reimbursement under this HCSA. Q-7. What is the maximum annual Health Care Spending Account amount that I may elect under the Health Care Spending Account, and how much will it cost? You may elect any annual reimbursement amount subject to the maximum annual HCSA amount and the minimum reimbursement amount described in the Plan Information Summary. You will be required to pay the annual contribution equal to the coverage level you have chosen reduced by any Non-elective Employer Contributions allocated to your HCSA. Any change in your HCSA election also will change the maximum available reimbursement for the period of coverage after the election. Such maximum available reimbursements will be determined on a prospective basis only by a method determined by the Plan Administrator that is in accordance with applicable law. The Plan Administrator (or its designated Third Party Administrator) will notify you of the applicable method when you make your election change. Q-8. How are Health Care Spending Account benefits paid for under this Plan? When you complete the Salary Reduction Agreement or Election Form, you specify the amount of HCSA reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer Contributions, to the extent available. Your enrollment materials will indicate if Non-elective Employer Contributions are available for HCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to pro-rata share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to your HCSA. Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any particular time during the Plan Year? So long as coverage is effective, the full, annual amount of Health Care Spending Account reimbursement you have elected, reduced by the amount of previous HCSA reimbursements received during the Plan Year, will be available at any time during the Plan Year, without regard to how much you have contributed. 2022/12/06 City Council Post Agenda Page 450 of 1285 11 Q-10. How do I receive reimbursement under the Health Care Spending Account? If you elect to participate in the HCSA, you will have to take certain steps to be reimbursed for your Eligible Medical Expenses. When you incur an Eligible Medical Expense, you file a claim with the Plan's Third Party Administrator by completing and submitting a Request for Reimbursement Form. You may obtain a Request for Reimbursement Form from the Plan Administrator or the Third Party Administrator. You must include with your Request for Reimbursement Form a written statement from an independent third party (e.g. a receipt, EOB, etc.) associated with each expense that indicates the following: a. The nature of the expense (e.g. what type of service or treatment was provided). If the expense is for an over the counter drug, the written statement must indicate the name of the drug; b. The date the expense was incurred; and c. The amount of the expense. The Third Party Administrator will process the claim once it receives the Request for Reimbursement Form from you. Reimbursement for expenses that are determined to be Eligible Medical Expenses will be made as soon as possible after receiving the claim and processing it. If the expense is determined to not be an for reimbursement for Eligible Medical Expenses during the Plan Year in which they were incurred or during the Run Out Period. The Run Out Period is described in the Plan Information Summary. Q- Dependents that satisfies the following conditions: a. Th and b. The expense has not been reimbursed by any other sources, and you will not seek reimbursement for the expense from any other source. amounts incurred to diagnose, treat, or prevent a specific medical condition or for purposes of affecting any function or structure of the body. Not every health- beneficial health of you and/or your eligible Dependents (e.g., vitamins or nutritional supplements that are not taken to treat a specific medical condition) or for cosmetic purposes, unless necessary to correct a deformity arising from illness, injury, or birth defect. You may, in the discretion of the Third Party Administrator/Plan Administrator, be required to provide additional documentation from a health care provider showing that you have a medical condition and/or the particular item is necessary to treat a medical condition. Expenses for cosmetic purposes are also not reimbursable unless they are necessary to correct an abnormality caused by illness, injury, or birth defect. not reimbursable under any Health Care Spending Account (per Treasury regulations): a. Health insurance premiums; 2022/12/06 City Council Post Agenda Page 451 of 1285 12 b. Expenses incurred for qualified long-term care services; c. Effective January 1, 2011, expenses for a medicine or drug unless such medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin; and d. Any other expenses that are specifically excluded by the Employer. For a list of Eligible Medical Expenses, go to www.healthequity.com/qme and enter your user name and password. If you have opted for the HSA-Compatible or Limited Purpose Health Care Spending Account, then only those eligible dental and vision expenses may be paid under the Plan while your limited coverage is effective. Q-12. When must the expenses be incurred in order to receive reimbursement? Eligible Medical Expenses must be incurred during the Plan Year and while you are a Participant in the pay for an expense before you are provided the service or treatment, the expense may not be reimbursed until you have been provided the service or treatment. Except as provided below, you may not be reimbursed for any expenses arising before the HCSA becomes effective, before your Salary Reduction Agreement or Election Form becomes effective, or for any expenses incurred after the close of the Plan Year, or, after a separation from service or loss of eligibility (except for expenses incurred during an applicable continuation period). that follows the end of the Plan Year during which amounts you have allocated to the HCSA that is unused at the end of the Plan Year may be used to reimburse Eligible Medical Expenses incurred during the Grace Period. The Grace Period will begin on the first day of the Plan Year following the effective date and will end two (2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2019, the Grace Period begins January 1, 2020 and ends March 15, 2020. In order to take advantage of the Grace Period, you must be A Participant in the HCSA on the last day of the Plan Year to which the Grace Period relates, or A Qualified Beneficiary who is receiving continuation coverage under the HCSA on the last day of the Plan Year to which the Grace Period relates. The following additional rules will apply to the Grace Period: Eligible Medical Expenses incurred during a Grace Period and approved for reimbursement will be paid first from available amounts that were remaining at the end of the Plan Year to which the Grace Period relates and then from any amounts that are available to reimburse expenses incurred during the current Plan Year. 2022/12/06 City Council Post Agenda Page 452 of 1285 13 For example, assume that $200 remains in the HCSA sub-account at the end of the 2019 Plan Year and further assume that you have elected to allocate $2,400 to the HCSA for the 2020 Plan Year. If you submit for reimbursement an Eligible Medical Expense of $500 that was incurred on the March 15, 2019, $200 of your claim will be paid out of the unused amounts remaining in the HCSA from the 2019 Plan Year and the remaining $300 will be paid out of amounts allocated to your HCSA for 2020. Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the Grace Period relates that are not used to reimburse Eligible Medical Expenses incurred either during the Plan Year to which the Grace Period relates or during the Grace Period will be forfeited if not submitted for reimbursement before the end of the Run-Out Period. You may not use HCSA amounts to reimburse Eligible Employment Related Expenses and DCSA amounts may not be used to reimburse Eligible Medical Expenses. Q- annual amount I have elected for the Health Care Spending Account Reimbursement? You will not be entitled to receive any direct or indirect payment of any amount that represents the difference between the actual Eligible Medical Expenses you have incurred and the annual coverage level you have elected. Any amount allocated to a HCSA shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide reimbursement for Eligible Medical Expenses incurred during the Plan Year that are submitted for reimbursement within the Run-Out Period described in the Plan Information Summary. Amounts so forfeited shall be used to offset administrative expenses and future costs, and/or applied in a manner that is consistent with applicable rules and regulations (per the Plan discretion). The Plan Administrator will determine what this amount is on a uniform basis, consistent with applicable law and IRS interpretations. Notwithstanding any other provision of this Plan, an individual who has selected a Qualified Reservist Distribution shall be considered to have made such election as an alternative to continuation coverage or USERRA coverage continuation for the HCSA (except as may otherwise be required by applicable law). Q-14. What happens if a Claim for Benefits under the Health Care Spending Account is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Plan. 2022/12/06 City Council Post Agenda Page 453 of 1285 14 Q-15. What happens to unclaimed Health Care Spending Account Reimbursements? Any HCSA reimbursement benefit payments that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Eligible Medical Expense was incurred shall be forfeited. Q-16. What is Continuation Coverage? Federal law requires most private and governmental employers sponsoring group health plans to offer employees and their families the opportunity for a temporary extension of health care coverage (called otherwise end. These rules apply to this HCSA, unless the Employer sponsoring the HCSA is not subject - a church plan). The Plan Administrator can tell you whether the Employer is subject to federal continuation rules (thus subject to the following rules). These rules are intended to summarize the continuation rights set forth under federal law. If federal law changes, only the rights provided under applicable federal law will apply. To the extent that any greater rights are set forth herein, they shall not apply. W hen Coverage May Be Continued ion Coverage if they lose coverage as a result Dependent child at the time of the Qualifying Event. A Qualified Beneficiary has the right to continue coverage if he or she loses coverage as a result of certain Qualifying Events. The table below describes the qualifying events that may entitle a Qualified Beneficiary to continuation coverage: Covered Employee Covered Spouse Covered Dependent employment or reduction in hours of employment X X X 2. Divorce or Legal Separation X 3. Child ceasing to be an eligible Dependent X 4. Death of the covered Employee X X There are special rules pertaining to Health Care Spending Accounts that determine when continuation coverage is extended. Continuation Coverage is only extended when year-to-date deposits exceed year-to- date claims paid. T ype of Continuation Coverage If you choose Continuation Coverage, you may continue the level of coverage you had in effect immediately preceding the Qualifying Event. However, if Plan benefits are modified for similarly situated active Employees, then they will be modified for you and other Qualified Beneficiaries as well. 2022/12/06 City Council Post Agenda Page 454 of 1285 15 After electing Continuation Coverage, you will be eligible to make a change in your benefit election with respect to the HCSA upon the occurrence of any event that permits a similarly situated active Employee to make a benefit election change during a Plan Year. If you do not choose Continuation Coverage, your coverage under the HCSA will end with the date you would otherwise lose coverage. N otice Requirements You or your covered Dependents (including your Spouse) must notify the continuation coverage Administrator identified in the Plan Information Summary in writing of a divorce, legal separation, or a child losing Dependent status under the Plan within 60 days of the later of the date of the event or the date on which coverage is lost because of the event. Your written notice must identify the Qualifying Event, the date of the Qualifying Event, and the Qualified Beneficiaries impacted by the qualifying event. When the continuation coverage Administrator is notified that one of these events has occurred, the Plan Administrator will in turn notify you that you have the right to choose Continuation Coverage by sending you the appropriate election forms. Notice to an Employee's Spouse is treated as notice to any covered Dependents who reside with the Spouse. You may be required to provide additional supporting documentation. An Employee or covered Dependent is responsible for notifying the continuation coverage Administrator if he or she becomes covered under another group health plan. E lection Procedures and Deadlines Each Qualified Beneficiary is entitled to make a separate election for continuation coverage under the Plan if they are not otherwise covered as a result of another Qualified Ben Continuation Coverage, you must complete the Election Form(s) within 60 days from the date you would lose coverage for one of the reasons described above or the date you are sent notice of your right to elect Continuation Coverage, whichever is later and send it to the continuation coverage Administrator identified in the Plan Information Summary. Failure to return the election form within the 60-day period will be considered a waiver of your Continuation Coverage rights. Cost You will have to pay the entire cost of your Continuation Coverage. The cost of your Continuation Coverage will not exceed 102% of the applicable premium for the period of Continuation Coverage. The first contribution after electing Continuation Coverage will be due 45 days after you make your election. Subsequent contributions are due the first day of each month; however, you have a 30-day grace period following the due date in which to make your contribution. Failure to make contributions within this time period will result in automatic termination of your Continuation Coverage. When Continuation Coverage Ends The maximum period for which coverage may be continued is the end of the Plan Year in which the Qualifying Event occurs. However, in certain situations, the maximum duration of coverage may be 18 or 36 months from the Qualifying Event (depending on the type of qualifying event and the level of Non- 2022/12/06 City Council Post Agenda Page 455 of 1285 16 as the HCSA and the elective Contributions provided by the Employer). You will be notified of the applicable maximum duration of Continuation Coverage when you have a Qualifying Event. Regardless of the maximum period, Continuation Coverage may end earlier for any of the following reasons: a. If the contribution for your Continuation Coverage is not paid on time or it is significantly insufficient (Note: if your payment is insufficient by the lesser of 10% of the required premium, or $50, you will be given 30 days to cure the shortfall); b. If you become covered under another group health plan and are not actually subject to a pre- existing condition exclusion limitation; c. If you become entitled to Medicare; or d. If the Employer no longer provides group health coverage to any of its Employees. Q-17. Will my health information be kept confidential? health privacy policies. Q-18. How long will the Health Care Spending Account remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the Plan or any of its Component Programs at any time and for any reason. 2022/12/06 City Council Post Agenda Page 456 of 1285 17 Group health plans and health insurance issuers generally may not, under federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours, as applicable). In any case, plans and issuers may not, under federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). 2022/12/06 City Council Post Agenda Page 457 of 1285 18 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Dependent Care Spending Account Component Summary Q-1. Who can participate in the Dependent Care Spending Account? Each Employee who satisfies the DCSA Eligibility Requirements is eligible to participate in the DCSA on the DCSA Eligibility Date. The DCSA Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Q-2. How do I become a Participant? If you have otherwise satisfied the DCSA Eligibility Requirements, you become a Participant in the DCSA by electing Dependent Care Reimbursement benefits during the Initial or Annual Election Periods described in Q-6 of the Cafeteria Plan Component Summary. Your participation in the DCSA will be effective on the date that you make the election or your DCSA Eligibility date, whichever is later. See the Plan Information d you want to participate during the next Plan Year, you may be required to make an election during the Annual Election deemed to have elected to continue your Benefit Plan Option elections in affect as of the end of the Plan Year in which the Annual Election Period took place. You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details regarding mid-year election changes and the effective date of those changes). Q- If you elect t to keep a record of the reimbursements you are entitled to, as well as the contributions you elected to withhold for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping account. Q-4. When does my coverage under the Dependent Care Spending Account end? Your coverage under the DCSA ends on the earlier of the following to occur. See the Plan Information Summary for your Empl a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary; b. The last day of the Plan Year unless you make an election during the Annual Election Period; c. The date you no longer satisfy the DCSA Eligibility Requirements; d. The date you terminate employment; or 2022/12/06 City Council Post Agenda Page 458 of 1285 19 e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member are specifically excluded from the Plan. Q-5. Can I ever change my Dependent Care Spending Account election? You can change your election under the DCSA in the following situations: a. For any reason during the Annual Election Period. You can change your election during the Annual Election Period for any reason. The election change will be effective the first day of the Plan Year following the end of the Annual Election Period. b. Following a Change in Status Event or Cost or Coverage Change . You may change your DCSA election during the Plan Year only if you experience an applicable Change in Status Event or there is a significant Cost or Coverage change. See Q-7 of the Cafeteria Plan Component Summary for more information on election changes. Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of absence? Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any specific changes you can make during a leave of absence. Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I may elect under the Dependent Care Spending Account? The annual amount cannot exceed the maximum DCSA reimbursement amount specified in Internal Revenue Code Section 129. The IRS Code Section 129 maximum amount is currently $5,000 per calendar year if you: a. Are married and file a joint return; b. Are married, but your Spouse maintains a separate residence for the last 6 months of the calendar year, you file a separate tax return, and you furnish more than one-half the cost of maintaining those Dependents for whom you are eligible to receive tax-free reimbursements under the DCSA; or c. Are single. If you are married and reside together, but file a separate federal income tax return, the maximum Dependent Care Spending Account Reimbursement that you may elect is $2,500. In addition, the amount of reimbursement that you receive on a tax-free basis during the Plan Year cannot exceed the lesser of the earned income (as defined in Code Section 32) or your Spouse earned income. Your Spouse will be deemed to have earned income of $250 if you have one Qualifying Individual and $500 if you have two or more Qualifying Individuals (described below), for each month in which your Spouse is: a. Physically or mentally incapable of caring for himself or herself; or b. A full-time student (as defined by Code Section 21). 2022/12/06 City Council Post Agenda Page 459 of 1285 20 Q-8. How do I pay for Dependent Care Spending Account Reimbursements? When you complete the Salary Reduction Agreement or Election Form, you specify the amount of DCSA Reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer Contributions, to the extent available. Your enrollment material will indicate if Non-elective Contributions are available for DCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to a pro- rata share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to your DCSA. Q-9. - a reimbursement? You may be reimbursed for work-r -Related all of the following conditions for it to be an Eligible Employment Related Expense: a. The expense is incurred for services rendered after the date of your election to receive DCSA reimbursement benefits and during the calendar year to which it applies. b. Individual is: (i) An individual age 12 or under who is a "qualifying child" of the Employee as defined in Code Section 152(a)(1). Generally speaking, a "qualifying child" is a child (including a brother, sister, step sibling) of the Employee or a descendant of such child (e.g. a niece, nephew, grandchild) who shares the same principal place of abode with you for more than half the year and does not provide over half of his/her support. (ii) A Spouse or other tax Dependent (as defined in Code Section 152) who is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as you for more than half of the year. Note: There is a special rule for children of divorced parents. If you are divorced, the child Code Section 152); c. The expense is incurred for the care of a Qualifying Individual (as described above), or for related household services, and is incurred to enable you (and your Spouse, if applicable) to be gainfully employed. Expenses for overnight stays or overnight camps are not eligible. Tuition expenses for kindergarten (or above) do not qualify. d. If the expense is incurred for services outside your household and such expenses are incurred for the care of a Qualifying Individual who is age 13 or older, such Dependent must regularly spend at least 8 hours per day in your home. e. If the expense is incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center complies with all applicable state and local laws and regulations. 2022/12/06 City Council Post Agenda Page 460 of 1285 21 f. is under age 19 the entire year in which the expense is incurred or an individual for whom you or your Spouse is entitled to a personal tax exemption as a Dependent. g. You must supply the taxpayer identification number for each dependent care service provider to the IRS with your annual tax return by completing IRS Form 2441. for further guidance as to what is or is not an Eligible Employment-Related Expense if you have any doubts. In order to exclude from income the amounts you receive as reimbursement for dependent care expenses, you are generally required to provide the name, address, and taxpayer identification number of the dependent care service provider on your federal income tax return. Q-10. How do I receive reimbursement under the Dependent Care Spending Account? Under this DCSA, you have two reimbursement options. You can complete and submit a written Claim request payment directly to your work. When you incur an Eligible Employment-Related Expense, you file a claim with the Plan's Third Party Administrator by completing and submitting a Claim Form. You may obtain a Claim Form at www.healthequity.com. Simply enter your username and password, or select First Time User to complete the online registration process to access your account online. You must include with your Pay Me Back Claim Form a written statement from an independent third party (e.g., a receipt, etc.) associated with each expense that indicates the following: a. The date(s) the expense was incurred; b. The nature of the expense (e.g., what type of service was provided); and c. The amount of the expense. The Third Party Administrator will process the claim once it receives the Pay Me Back Claim Form from you. Reimbursement for expenses that are determined to be Eligible Employment-Related Expenses will be made as soon as possible after receiving the claim and processing it. If the expense is determined to not be an - must submit all claims for reimbursement for Eligible Employment-Related Expenses during the Plan Year in which they were incurred or during the Claim-It-By or Run-Out Period. The Run-Out Period is described in the Plan Information Summary. If your claim was for an amount that was more than your current DCSA balance, the excess part of the claim will be carried over into following months, to be paid out as your balance becomes adequate. without regard to whether you have paid for the service. Payments for advance services are not reimbursable because they have not yet been incurred. For example, Employee A pays the monthly day care fee on January 1 and then submits a copy of the receipt on January 3. The expense for the entire month is not reimbursable until the services for that month have been performed. In addition, you must certify with each claim that you have not been reimbursed for the expense(s) from any other source and you will not seek reimbursement from any other source. 2022/12/06 City Council Post Agenda Page 461 of 1285 22 Q-11. When must the expenses be incurred in order to receive reimbursement? Eligible Employment-Related Expenses must be incurred during the Plan Year. You may not be reimbursed for any expense arising before the DCSA become effective, before your Salary Reduction Agreement or Election Form becomes effective, or for any expenses incurred after the close of the Plan Year and unless noted otherwise in the Plan Information Summary, after your participation the DCSA ends. that follows the end of the Plan Year during which amounts you have allocated to the DCSA that is unused at the end of the Plan Year may be used to reimburse Eligible Employment Related Expenses incurred during the Grace Period. The Grace Period will begin on the first day of the Plan Year following the effective date and will end two (2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2019, the Grace Period begins January 1, 2020 and ends March 15, 2020. In order to take advantage of the Grace Period, you must be a Participant in the DCSA on the last day of the Plan Year to which the Grace Period relates. The following additional rules will apply to the Grace Period: Eligible Employment Related Expenses incurred during a Grace Period and approved for reimbursement will be paid first from available amounts that were remaining at the end of the Plan Year to which the Grace Period relates and then from any amounts that are available to reimburse expenses incurred during the current Plan Year. For example, assume that $200 remains in the DCSA sub-account at the end of the 2019 Plan Year and further assume that you have elected to allocate $2,400 to the DCSA for the 2020 Plan Year. If you submit for reimbursement an Eligible Employment Related Expense of $500 that was incurred on the March 15, 2019, $200 of your claim will be paid out of the unused amounts remaining in the DCSA from the 2019 Plan Year and the remaining $300 will be paid out of amounts allocated to your DCSA for 2020. Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the Grace Period relates that are not used to reimburse Eligible Employment Related Expenses incurred either during the Plan Year to which the Grace Period relates or during the Grace Period will be forfeited if not submitted for reimbursement before the end of the Run-Out Period. You may not use DCSA amounts to reimburse Eligible Medical Expenses and HCSA amounts may not be used to reimburse Eligible Employment Related Expenses. 2022/12/06 City Council Post Agenda Page 462 of 1285 23 Q- - than the annual amount of coverage I have elected for Dependent Care Spending Account Reimbursement? You will not be entitled to receive any direct or indirect payment of any amount that represents the difference between the actual Eligible Employment-Related Expenses you have incurred, on the one hand, and the annual DCSA reimbursement you have elected and paid for, on the other. Any amount credited to a DCSA shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide the elected reimbursement for any Plan Year by the end of the Claim-It-By or Run-Out Period following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset reasonable administrative expenses and future costs and/or otherwise permitted under applicable law. Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive? You will not normally be taxed on your DCSA reimbursements so long as your family aggregate DCSA reimbursement (under this DCSA and/or ano reimbursement limits described above. However, to qualify for tax-free treatment, you will be required to list the names and taxpayer identification numbers on your annual tax return of any persons who provided you with dependent care services during the calendar year for which you have claimed a tax-free reimbursement. Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the household and dependent care credit on my federal income tax return? You may not claim any other tax benefit for the tax-free amounts received by you under this DCSA, although the balance of your Eligible Employment-Related Expenses may be eligible for the dependent care credit. Q-15. What is the household and dependent care credit? The household and dependent care credit is an allowance for a percentage of your annual, Eligible Employment-Related Expenses as a credit against your federal income tax liability under the U.S. Tax Code. In determining what the tax credit would be, you may take into account $3,000 of such expenses for one Qualifying Individual, or $6,000 for two or more Qualifying Individuals. Depending on your adjusted gross income (AGI), the percentage could be as much as 35% of your Eligible Employment- Related Expenses (to a maximum credit amount of $1,050 for one Qualifying Individual or $2,100 for two or more Qualifying Individuals), to a minimum of 20% of such expenses. The maximum 35% rate must be reduced by 1% (but not below 20%) for each $2,000 portion (or any fraction of $2,000) of your adjusted gross incomes over $15,000 for taxable years beginning after 2002 and before 2013. Illustration: Assume you have one Qualifying Individual for whom you have incurred Eligible Employment-Related Expenses of $3,600, and that your adjusted gross income is $21,000. Since only one Qualifying Individual is involved, the credit will be calculated by applying the appropriate percentage to the first $3,000 of the expenses. The percentage is, in turn, arrived at by subtracting one percentage point from 35% for each $2,000 of your adjusted gross income over $15,000. The calculation is: 35% -- [$21,000 15,000)/$2,000 x 1% = 32%. Thus, your tax credit would be $3,000 x 32% = $960. If you 2022/12/06 City Council Post Agenda Page 463 of 1285 24 had incurred the same expenses for two or more Qualifying Individuals, your credit would have been $3,600 x 32% = $1,152, because the entire expense would have been taken into account, not just the first $3,000. Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements? Any DCSA reimbursements that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Eligible Employment-Related Expense was incurred shall be forfeited. Q-17. What happens if my claim for reimbursement under the Dependent Care Spending Account is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Plan. Q-18 How long will the Dependent Care Spending Account remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the program at any time for any reason. 2022/12/06 City Council Post Agenda Page 464 of 1285 25 PLAN INFORMATION SUMMARY TO THE CITY OF CHULA VISTA PLAN SUMMARY PLAN DESCRIPTION This Appendix provides information specific to the City of Chula Vista Cafeteria Plan. A.Employer/Plan Sponsor Information 1.Name, address and phone number of Plan Sponsor: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 619-585-5620 2.Name, address and phone number of Plan Administrator: The Plan Administrator shall have the exclusive right to interpret the Plan and to decide all matters arising under the Plan, including the right to make determinations of fact, and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and the SPD issued in connection with the Plan. City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 619-585-5620 3. Federal Tax Identification 95-6000690 4. Controlling Law:California 5. Plan Number:501 6. Initial Effective Date: This is the date that the Plan was first established. Prior to 1991 7. Amended and Restated Date:January 1, 2023 8. Initial Plan Year:January 1 through December 31 9. All subsequent Plan Years (If different from 8)-- 10. Affiliated Employers participating in the Plan:N/A 11. Third Party Administrator: HealthEquity/ WageWorks, Inc. 1100 Park Place 4th Floor San Mateo, CA 94403 2022/12/06 City Council Post Agenda Page 465 of 1285 26 B. Cafeteria Plan Component Information (a) Cafeteria Plan Eligibility Requirements and Eligibility Date . Each Employee who is a regular full-time or part-time Employee working a minimum of 20 hours per week and who Eligibility Requirements) will be eligible to participate in this Plan on the date of hire properly completing and submitting a Salary Reduction Agreement or Election Form as summarized in this SPD. Eligibility for coverage under any given Benefit Plan Option shall be determined not by this Plan but by the terms of that Benefit Plan Option. (b) Cafeteria Plan Annual Election Rules. With respect to Benefit Plan Option elections, including the HCSA and DCSA elections, failure to make an election during the Annual Election Period will result in the following deemed election(s): HCSA and DCSA - The Employee will be deemed to have elected not to participate during the subsequent plan year. Coverage under the Benefit Plan Options offered under the Plan will end the last day of the Plan Year in which the Annual Election Period occurred. Medical, Dental, and Vision - The Employee will be deemed to have elected to continue his Benefit Plan Option elections in effect as of the end of the plan Year in which the Annual Election Period took place, unless Employee notifies the company in writing of a qualifying status change or at any time before the end of the Plan Year for the following (c) Change of Election Period. If you experience a Change in Status Event or Cost or Coverage Change as described in the Cafeteria Plan Component Summary and in the Election Change Chart, you may make the permitted election changes described in the Election Change Chart either by submitting an Election Change Form within 30 days after the date of the event. If you are participating in an insured arrangement that provides a longer Election Change Period, the Election Change Period described in the insurance policy will apply. (d) Benefits Plan Options: The Employer elects to offer to eligible Employees the following Benefit Plan Option(s) subject to the terms and conditions of the Plan and the terms and conditions of the Benefit Plan Options. These Benefit Plan Option(s) are specifically incorporated herein by reference. The maximum Pretax Contributions a Participant can contribute via the Salary Reduction Agreement is the aggregate cost of the applicable Benefit Plan Options selected reduced by any Non-elective Contributions made by the Employer. It is intended that such Pretax Contribution 2022/12/06 City Council Post Agenda Page 466 of 1285 30 amounts will, for tax purposes, constitute an Employer contribution, but may constitute Employee contributions for state insurance law purposes. 1. Premium Expense Plan (Medical, Dental, Vision) 2. Health Care Spending Account 3. Dependent Care Spending Account C. Health Care Spending Account Component Information (a) HCSA Eligibility Requirements and Eligibility Date. Each Employee who is a regular full- time or part-time Employee working a minimum of 20 hours per week (HCSA Eligibility Requirements) (b) Annual Health Care Spending Account Amount. The maximum annual HCSA reimbursement may not exceed the lesser of the HCSA reimbursement amount elected for that year or $2,750. Effective January 1, 2020, the maximum annual HCSA reimbursement may not exceed the lesser of the HCSA reimbursement amount elected for that year or $2,750. (This amount is indexed to reflect any anticipated cost of living adjustment as assigned by the IRS). The minimum reimbursement amount that may be elected under the HCSA is $0. (c) Coverage Effective Date for Qualified Changes Coverage following a qualified life change will begin on any day of the month following your request for new enrollment or change in enrollment. (d) Coverage End Date for Qualified Changes If coverage is revoked following a qualified life change, coverage will end on any day of the month following the request to revoke coverage. (e) Coverage End Date Under the Health Care Spending Account Coverage will end immediately upon cessation of participation under the HCSA. (f) Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date in which expenses incurred during a coverage period must be submitted to be eligible for reimbursement. Claims must be received by this date to be eligible for reimbursement from the Plan. a. The Mid-Year Run-Out Period for terminated Employees ends 3 months after their termination date. b. The End-of-Plan Run-Out Period for an Employee who is covered through the end of the Plan Year ends 3 months after the end of the Plan Year. (g) Grace Period. The Grace Period is the two months and fifteen day period after the end of the Plan Year for which Eligible Medical Expenses can continue to be incurred should a balance remain in 2022/12/06 City Council Post Agenda Page 467 of 1285 31 the account as of the last day of the Plan Year. Each Plan Year the Grace Period will begin January 1 and end March 15. All expenses incurred during the Grace Period with the intent to use up any monies from the previous Plan Year, must be submitted within the End-of-Plan Run-Out Period. (h) Continuation Coverage Administrator. The Continuation Coverage administrator for the HCSA is City of Chula Vista is HealthEquity/WageWorks. (i) Method of Funding. assets. D. Dependent Care Spending Account Component Information (a) DCSA Eligibility Requirements and Eligibility Date. Each Employee who is a regular full-time or part-time Employee working a minimum of 20 hours per week (DCSA Eligibility (b) Annual Dependent Care Spending Account Amount. The maximum annual DCSA reimbursement each calendar year may not exceed the lesser of the DCSA reimbursement amount elected for that year or $5,000 (or $2,500 for married filling separate returns). The minimum reimbursement amount that may be elected under the DCSA is $0. (c) Coverage End Date Under the Dependent Care Spending Account. Coverage will end immediately upon cessation of participation under the DCSA. (d) Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date in which expenses incurred during a coverage period must be submitted to be eligible for reimbursement. Claims must be received by this date to be eligible for reimbursement from the Plan. a. The Mid-Year Run-Out Period for terminated Employees ends 3 months after their termination date. b. The End-of-Plan Run-Out Period for Employees who are covered through the end of the Plan Year ends 3 months after the end of the Plan Year. (e) Method of Funding. assets. 2022/12/06 City Council Post Agenda Page 468 of 1285 32 APPENDIX I CLAIMS REVIEW PROCEDURE The Plan has established the following claims review procedure in the event you are denied a benefit under this Plan. The procedure set forth below does not apply to benefit claims filed under the Benefit Plan Options other than the Health Care Spending Account and Dependent Care Spending Account. Step 1: Notice of denial is received from Third Party Administrator. If your claim is denied, you will receive written notice from the Third Party Administrator that your claim is denied as soon as reasonably possible, but no later than 30 days after receipt of the claim. For reasons beyond the control of the Third Party Administrator, the Third Party Administrator may take up to an additional 15 days to review your claim. You will be provided written notice of the need for additional time prior to the end of the 30-day period. If the reason for the additional time is that you need to provide additional information, you will have 45 days from the notice of the extension to obtain that information. The time period during which the Third Party Administrator must make a decision will be suspended until the earlier of the date that you provide the information or the end of the 45-day period. Step 2: Review your notice carefully. Once you have received your notice from the Third Party Administrator, review it carefully. The notice will contain: a. The reason(s) for the denial and the Plan provisions on which the denial is based; b. A description of any additional information necessary for you to perfect your claim, why the information is necessary, and your time limit for submitting the information; c. A description of the appeal procedures and the time limits applicable to such procedures; and d. A right to request all documentation relevant to your claim. Step 3: If you disagree with the decision, file an appeal. If you do not agree with the decision of the Third Party Administrator, you may file a written appeal. Your appeal must be received within 180 days of the date you received notice that your claim was denied. You should submit all information identified in the notice of denial as necessary to perfect your claim and any additional information that you believe would support your claim to: WageWorks Claims Appeal Board, P.O. Box 991, Mequon, WI 53092-0991 or fax to 877-220-3248. The Appeal Review Process is documented at www.wageworks.com/hcdcappeals.pdf. Step 4: Second notice of denial is received from Third Party Administrator. If the claim is again denied, you will be notified in writing by the Third Party Administrator as soon as possible but no later than 30 days after receipt of the appeal. Step 5: Review your notice carefully. You should take the same action that you take in Step 2 described above. The notice will contain the same type of information that is provided in the first notice of denial provided by the Third Party Administrator. Step 6: the Plan Administrator. If you st to appeal, you must file a written appeal with the Plan Administrator within the time period set forth in the first level appeal denial notice from the Third Party Administrator. You should gather any 2022/12/06 City Council Post Agenda Page 469 of 1285 33 additional information that is identified in the notice as necessary to perfect your claim and any other information that you believe will support your claim. If the Plan Administrator denies your second level appeal, you will receive notice within 30 days after the Plan Administrator receives your claim. The notice will contain the same type of information that was referenced in Step 1 above. Important Information Other important information regarding your appeals: a. Health Care Spending Account Only: Each level of appeal will be independent from the previous level (i.e., the same person(s) or subordinates of the same person(s) involved in a prior level of appeal will not be involved in the appeal); b. On each level of appeal, the Third Party Administrator will review relevant information that you submit even if it is new information; and c. You cannot file suit in federal court until you have exhausted these appeals procedures. 2022/12/06 City Council Post Agenda Page 470 of 1285 34 APPENDIX II TAX ADVANTAGES EXAMPLE As indicated in the SPD, participating in the Plan can actually increase your take home pay. Consider the following example: You are married and have one child. The Employer pays for 80% of your medical insurance premiums, but only 40% for your family. You pay $2,400 in premiums ($400 for your share of the Employee-only premium, plus $2,000 for family coverage under the Employer's major medical insurance plan). You earn $50,000 and your Spouse (a student) earns no income. You file a joint tax return. If you participate in the Cafeteria Plan If you do not participate in the Cafeteria Plan 1. Gross Income $50,000 $50,000 2. Salary Reductions for Premiums $2,400 (pretax) $0 3. Adjusted Gross Income $47,600 $50,000 4. Standard Deduction ($9,700) ($9,700) 5. Exemptions ($9,300) ($9,300) 6. Taxable Income $28,600 $31,000 7. Federal Income Tax (Line 6 x applicable tax schedule) ($3,590) ($3,904) 8. FICA Tax (7.65% x Line 3 Amount ($3,641) ($3,825) 9. After-tax Contributions ($0) ($2400) 10. Pay After Taxes and Contributions $40,365 $39,821 11. Take Home Pay Difference $544 2022/12/06 City Council Post Agenda Page 471 of 1285 35 APPENDIX III ELECTION CHANGE CHART The following is a summary of the election changes that are permitted under this Plan. However, please note that election changes that are permitted under this Plan may not be permitted under the Benefit Plan Option (e.g., the insurance carrier may not allow a change). If a change is not permitted under a Benefit Plan Option, no election change is permitted under the Plan. Likewise, a Benefit Plan Option may allow an election change that is not permitted by this Plan. In that case, your pretax reduction may not be changed even though a coverage change is permitted. First, we describe the general rules regarding election changes that are established by the IRS. Then, you should look to the chart to determine under what circumstances you are permitted to make an election under this Plan and the scope of the changes you may make. 1. Change in Status. Dependent experiences one of the Change in Status Events set forth in the chart. The election change must be on account of and correspond with the Change in Status Event as determined by the Plan Administrator (or its designated Third Party Administrator). With the exception of enrollment resulting from birth, placement for adoption or adoption, all election changes are prospective (generally the first of the month following the date you make a new election with the Third Party Administrator but it may election change will be found to be consistent with a Change in Status Event if the event the Change in Status affects eligibility for coverage. A Change in Status affects eligibility for coverage if it results in an increase or decrease in the number of Dependents who may benefit under the Plan. In addition, you must also satisfy the following specific requirements in order to alter your election based on that Change in Status: Loss of Dependent Eligibility. For accident and health benefits (e.g., health, dental and vision coverage), a special rule governs which types of election changes are consistent with the Change in Status. For a Change in Status involving a divorce, annulment or legal separation, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, an election to cancel accident or health benefits for any individual other than the Spouse involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that ceased to satisfy the eligibility requirements, would fail to correspond with that Change in Status. Hence, you may only cancel accident or health coverage for the affected Spouse or Dependent. However, there are instances in which you may be able to increase your Pretax Contributions to pay for continuation coverage of a Dependent. Contact the Third Party Administrator for more information. Example: Employee Mike is married to Sharon, and they have one child. The Employer offers a calendar year cafeteria plan that allows employees to elect no health coverage, employee- only coverage, employee-plus-one-dependent coverage, or family coverage. Before the plan year, Mike elects family coverage for himself, his wife Sharon, and their child. Mike and Sharon subsequently divorce during the plan year; Sharon loses eligibility for coverage under the plan, while the child is still eligible for coverage under the plan. Mike now wishes to cancel his previous election and elect no health coverage. The divorce between Mike and Sharon constitutes a Change in Status. An election to cancel coverage for Sharon is 2022/12/06 City Council Post Agenda Page 472 of 1285 36 consistent with this Change in Status. However, an election to cancel coverage for Mike and/or the child is not consistent with this Change in Status. In contrast, an election to change to employee-plus-one-dependent coverage would be consistent with this Change in Status . . For a Change in Status in which a the Particip or decrease coverage for that individual under the Plan would correspond with that Change in Status only if coverage for that individual becomes effective or is increa plan. Dependent Care Spending Account Benefits. With respect to the Dependent Care Spending Account benefit, an election change is permitted only if (1) such change or termination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under the Plan; or (2) the election change is on account of and corresponds with a Change in Status that affects the eligibility of Dependent Care Spending Account expenses for the available tax exclusion. Example: Employee Mike is married to Sharon, and they have a 12 year-old daughter. The its cafeteria plan. Mike elects to reduce his salary by $2,000 during a plan year to fund dependent care coverage for his daughter. In the middle of the plan year when the daughter turns 13 years old, however, she is no longer eligible to participate in the dependent care program. This event constitutes a Change in Status. Mi the dependent care program would be consistent with this Change in Status. Group Term Life Insurance, Disability Income, or Dismemberment Benefits (if offered under the Plan. See the list of Benefit Plan Options offered under the Plan). For group term life insurance, disability income and accidental death and dismemberment benefits only if a Participant experiences any Change in Status (as described above), an election to either increase or decrease coverage is permitted. s plan offers a cafeteria plan which funds group-term life insurance coverage (and other benefits) through salary reduction. Before the plan year Mike elects $10,000 of group-term life insurance. Mike and Sharon subsequently divorce during the plan year. The divorce constitutes a Change in Status. An election by Mike either to increase or to decrease his group-term life insurance coverage would each be consistent with this Change in Status. 2. Special Enrollment Rights. special enrollment rights under a Benefit Plan Option that is a group health plan, an election change to correspond with the special enrollment right is permitted. Thus, for example, if an otherwise eligible Dependents because of outside medical coverage and eligibility for such coverage is subsequently lost due to certain reasons (e.g., due to legal separation, divorce, death, termination of 2022/12/06 City Council Post Agenda Page 473 of 1285 37 employment, reduction in hours, or exhaustion of a coverage continuation period), the Employee may be able to elect medical coverage under the Plan for the Employee and his or her eligible Dependents who lost such coverage. Furthermore, if an otherwise eligible Employee gains a new Dependent as a result of marriage, birth, adoption, or placement for adoption, the Employee may also be able to enroll a request for enrollment is made within the Change of Election Period. An election change that corresponds with a special enrollment must be prospective, unless the special enrollment is attributable to the birth, adoption, or placement for adoption of a child, which may be retroactive up to 30 days. Please refer to the group health plan summary description for an explanation of special enrollment rights. Effective April 1, 2009, if an otherwise eligible Employee (1) loses coverage under a Medicaid Plan Program (SCHIP) under Title XXI of the Social Security Act; or (3) becomes eligible for group health plan premium assistance under Medicaid or SCHIP, the Employee is entitled to special enrollment rights under a Benefit Plan Option that is a group health plan, and an election change to correspond with the special enrollment right is permitted. Thus, for example, if an otherwise eligible Employee because of medical coverage under Medicaid or SCHIP and eligibility for such coverage is subsequently lost, the Employee may be able to elect medical coverage under a Benefit Option for the Employee and his or her eligible Dependents who lost such coverage. Furthermore, if an otherwise eligible Employee and/or Dependent gains eligibility for group health plan premium assistance from Dependent, provided that a request for enrollment is made within the 60 days from the date of the loss of other coverage or eligibility for premium assistance. Please refer to the group health plan summary description for an explanation of special enrollment rights. 3. Certain Judgments, Decrees and Orders. If a judgment, decree or order from a divorce, separation, annulment or custody change requires a Dependent child (including a foster child who is your tax Dependent) to be covered under this Plan, an election change to provide coverage for the Dependent child identified in the order is permissible. If the order requires that another individual (such as your former Spouse) cover the Dependent child, and such coverage is actually provided, you may change your election to revoke coverage for the Dependent child. 4. coverage. 5. Change in Cost. If the cost of a Benefit Plan Option significantly increases, a Participant may choose either to make an increase in contributions, revoke the election and receive coverage under another Benefit Plan Option that provides similar coverage, or drop coverage altogether if no similar coverage exists. If the cost of a Benefit Plan Option significantly decreases, a Participant who elected to participate in another Benefit Plan Option may revoke the election and elect to receive coverage provided under the Benefit Plan Option that decreased in cost. In addition, otherwise eligible Entitlement to Medicare or Medicaid. dicare 2022/12/06 City Council Post Agenda Page 474 of 1285 38 Employees who elected not to participate in the Plan may elect to participate in the Benefit Plan Option that decreased in cost. For insignificant increases or decreases in the cost of Benefit Plan Options, however, Pretax Contributions will automatically be adjusted to reflect the minor change in cost. The Plan Administrator will have final authority to determine whether the requirements of this section are met. (Please note that none of the above "Change in Cost" exceptions are applicable to a Health Care Spending Account.) Example: E insurance coverage. If the cost of this option significantly increases during a period of coverage, the Employee may make a corresponding increase in his payments or may instead revoke his election and elect coverage under an HMO option. 6. Change in Coverage. If coverage under a Benefit Plan Option is significantly curtailed, a Participant may elect to revoke his or her election and elect coverage under another Benefit Plan Option that provides similar coverage. If the significant curtailment amounts to a complete loss of coverage, a Participant may also drop coverage if no other similar coverage is available. Further, if the Plan adds or significantly improves a benefit option during the Plan Year, a Participant may revoke his or her election and elect to receive, on a prospective basis, coverage provided by the newly added or significantly improved option, so long as the newly added or significantly improved option provides similar coverage. Also, a Participant may make an election change that is on account of and corresponds with a change made under another employer plan (including a plan of the Employer or another employer), so long as: (a) the other employer plan permits its participants to make an election change permitted under the applicable Treasury regulations; or (b) the Plan Year for this Plan is different from the Plan Year of the other employer plan. Finally, a Participant may change his or her election to add individual(s) loses coverage under any group health coverage sponsored by a governmental or educational institution. The Plan Administrator will have final discretion to determine whether the requirements of this section are met. (Please note that none of the above "Change in Coverage" exceptions are applicable to the Health Care Spending Account.) The following is a chart reflecting the election changes that may be made under the Plan with respect to each Benefit Plan Option. In addition, election changes that are permitted under this Plan are subject to any limitations imposed by the Benefit Plan Options. If an election change is permitted by this Plan but not by the Benefit Plan Option, no election change under this Plan is permitted. 2022/12/06 City Council Post Agenda Page 475 of 1285 39 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage I. Change in Status 1. Gain Spouse (marriage) Employee may enroll or increase election for newly eligible Spouse and Dependent children (Note: Under - interpretation, new and preexisting Dependents may be enrolled); coverage option (e.g., HMO to PPO) change may be made; Employee may revoke or decrease Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase election for newly eligible Spouse or Dependents, or likely decrease election if Employee or Dependents become an eligible Dependent under plan (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase to accommodate newly eligible Dependents or decrease or cease coverage if new Spouse is not employed or makes a DCSA coverage election under Employee may enroll, increase, decrease, or cease coverage even when eligibility is not impacted. only when such coverage becomes effective or is increased under the S Also, see HIPAA special enrollment rule below. 2. Lose Spouse (divorce, legal Employee may revoke election only for Same as previous column (Note: Employee may decrease election Employee may enroll or increase to Employee may enroll, increase, separation, annulment, death of Spouse) (See loss of Dependent eligibility Spouse; coverage option (e.g., HMO to PPO) change may be made; Employee may HIPAA special enrollment rights likely do not apply). for former Spouse who loses eligibility (Note: HIPAA special accommodate newly eligible Dependents (e.g., due to death of spouse) or decrease or decrease, or cease coverage even when eligibility is not impacted. below for discussion of Dependent eligibility loss following divorce, elect coverage for self or Dependents who lose eligibility under enrollment rights likely do not apply). Employee may enroll or cease coverage if eligibility is lost (e.g., because Dependent now resides with ex- separation, etc.) individual loses increase election Spouse). eligibility as a result where coverage of the divorce, legal separation, annulment, health plan. or death. (Note: - any Dependents may be enrolled so long as at least one Dependent has lost coverage plan.) 2022/12/06 City Council Post Agenda Page 476 of 1285 40 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage 1. Gain Dependent (birth, adoption) Employee may enroll or increase coverage for newly-eligible Dependent (and any other Dependents who were not previously covered under IRS - coverage option (e.g., HMO to PPO) change may be made; Employee may revoke or decrease Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase to accommodate newly eligible Dependents (and any other Dependents who were not previously covered under IRS - Employee may enroll, increase, decrease, or cease coverage even when eligibility is not impacted. if Employee becomes eligible under see HIPAA special enrollment rule below. 2. Lose Dependent Employee may drop Same as previous Employee may Employee may Employee may (death) coverage only for the column. decrease or cease decrease election for enroll, increase, Dependent who loses election for Dependent who loses decrease, or cease eligibility; coverage Dependent who eligibility. coverage even when option (e.g., HMO to loses eligibility. eligibility is not PPO) change may be impacted. made. C. Change in Employment Status of Employee, Spouse, or Dependent That Affects Eligibility 1. Commencement of Employment by Employee, Spouse, or Dependent (or Other Change in Employment Status) That Triggers Eligibility a. Commencement Provided eligibility Same as previous Same as previous Same as previous Employee may of Employment by Employee or was gained for this coverage, Employee column. column. column. enroll, increase, decrease, or cease Other Change in Employment may add coverage for Employee, Spouse or coverage even when eligibility is not Status (e.g., PT to FT, hourly to salaried, etc.) Dependents and coverage option (e.g., HMO to PPO) change impacted. Triggering Eligibility Under Component Plan may be made. 2022/12/06 City Council Post Agenda Page 477 of 1285 40 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage b. Commencement of Employment by Spouse or Dependent or Other Employment Event Triggering Eligibility Under Plan Employee may revoke or decrease election as if Employee, Spouse or Dependent is added coverage; coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Employee may apparently decrease or cease HCSA election if gains eligibility for health coverage Employee may make or increase election to reflect new eligibility (e.g., if Spouse previously did not work). Employee may revoke election as to if Dependent is added Employee may enroll, increase, decrease or cease coverage even when eligibility is not impacted. 2. Termination of Employment by Employee, Spouse, or Dependent (or Other Change in Employment-Status) That Causes Loss of Eligibility a. Termination of Employee may revoke or decrease election for Employee, Spouse or Dependents who lose eligibility under the plan. In addition, other previously eligible Dependents may also be enrolled - rule. Coverage option (HMO to PPO) change may be made. Same as previous Same as previous Employee may revoke Employee may column. column. or decrease election to enroll, increase, Employment or Other Change in reflect loss of eligibility. decrease or cease coverage even when Employment Status (e.g., unpaid leave, FT eligibility is not affected. to PT, strike, salaried to hourly, etc.) Resulting in a Loss of Eligibility i. Termination Prior elections at Same as previous Same as previous Same as previous Same as previous and Rehire termination are column. column. column. column. Within 30 Days reinstated unless another event has occurred that allows a change (as an alternative, Employer may prohibit participation until next plan year). ii. Termination and Rehire After 30 Days Employee may make new elections. Same as previous column. Same as previous column. Same as previous column. Same as previous column. b. Termination of Employee may enroll or increase election for Employee, Spouse or Dependents who lose eligibility under addition, other previously eligible Dependents may also be enrolled under - Same as previous Employee may Employee may enroll Employee may column (Note: HIPAA special enroll or increase HCSA election if or increase if Spouse or Dependent loses enroll, increase, decrease or cease Employment (or other change in employment status resulting in a loss of eligibility under enrollment rights likely do not apply). Spouse or Dependent loses eligibility for health coverage (Note: HIPAA special enrollment rights eligibility for DCSA. Employee may decrease or cease DCSA election if employment renders even when eligibility is not affected. plan) likely do not Dependents ineligible. apply). 2022/12/06 City Council Post Agenda Page 478 of 1285 41 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage Coverage option (e.g., HMO to PPO) change may be made; See HIPAA special enrollment rule below. D. 1. Event by Which Dependent Satisfies Eligibility Requirements Under Employee may enroll or increase election for affected Dependent. In addition, Employee may apparently add previously eligible (but not enrolled) Dependents under - coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Employee may increase election or enroll only if Dependent gains Employee may increase election or enroll to take into account expenses of Employee may enroll, increase, decrease or cease even when eligibility eligibility under affected Dependent. is not affected. (attaining a specified age, becoming single, becoming a student, etc.) HCSA. 2. Event by Which Dependent Ceases to Satisfy Eligibility Requirements Under Employee may decrease or revoke election only for affected Dependent. Same as previous column. Employee may decrease election to take into account ineligibility of Employee may decrease or drop election to take into account expenses of Employee may enroll, increase, decrease or cease coverage even when Coverage option (e.g., expenses of affected Dependent. eligibility is not (attaining a specified age, getting married, ceasing to be a student, etc.) HMO to PPO) change may be made. affected Dependent, but only if eligibility is lost. affected. E. Change in Place of Residence of Employee, Spouse, or Dependent 1. Move Triggers Eligibility Employee may enroll or increase election for newly eligible Employee, Spouse, or Dependent. Also, other previously eligible Dependents may be re-enrolled - rule; coverage option (e.g., HMO to PPO) change may be made. Same as previous column. No change allowed, even if underlying health coverage change occurs. N/A. Dependent care eligibility is not generally affected by place of residence (but see change in coverage below). Employee may increase or decrease eligibility is not affected. 2022/12/06 City Council Post Agenda Page 479 of 1285 42 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage 2. Move Causes Loss of Eligibility (e.g., Employee or Dependent moves outside HMO service area) Employee may revoke election or make new election if the change in residence affects eligibility for coverage option. Same as previous column. No change allowed, even if underlying health coverage change occurs. N/A. Dependent care eligibility is not generally affected by place of residence (but see change in coverage below). Employee may enroll, increase, decrease or cease even when eligibility is not affected. II. Cost Changes With Automatic Increase/Decrease in Elective Contributions (including Employer-motivated changes and changes in Employee contribution rates) Plan may automatically increase or decrease (on a reasonable and consistent basis) Same as previous column. No change permitted. Application is unclear. Presumably, plan may automatically increase or decrease (on a reasonable and consistent basis) Same as Major Medical column. elective contributions under the plan, so long as the terms of the plan require Employees to make such corresponding changes. elective contributions under the plan, so long as the terms of the plan require Employees to make such corresponding changes. III. Significant Cost Changes Significant Cost Same as previous No change Same as Major Same as Major Increase: Affected column. permitted. Medical column for Medical column. Employee may significant cost increase election increase, except no correspondingly OR change can be made revoke election and when the cost change elect coverage under is imposed by a another benefit plan Dependent care option providing provider who is a similar coverage. If relative of the no option providing Employee. similar coverage is available, Employee may revoke election. Significant Cost Decrease: Employees may elect coverage (even if had not participated before) with decreased cost, and may drop election for similar coverage 2022/12/06 City Council Post Agenda Page 480 of 1285 43 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage option. Though unclear, it appears that tag-along concepts may apply. IV. Significant Coverage Curtailment (With or Without Loss of Coverage) Without Loss of Same as previous No change Election change may Same as Major Coverage: Affected column. permitted. apparently be made Medical column. participant may whenever there is a revoke election for change in provider or curtailed coverage and a change in hours of make new prospective Dependent care. election for coverage under another benefit plan option which provides similar coverage. With Loss of Coverage: Affected participant may revoke election for curtailed coverage and make new prospective election for coverage under another benefit plan option which provides similar coverage OR drop coverage if no similar benefit plan option is available. V. Addition or Significant Improvement of Benefit Plan Option Eligible employees Same as previous No change Eligible employees Same as previous (whether currently column. permitted. (whether currently column. participating or not) participating or not) may revoke their may revoke their existing election and existing election and elect the newly added elect the newly added (or newly improved) (or newly improved) option. option. Though unclear, it appears that tag-along concepts may apply. 2022/12/06 City Council Post Agenda Page 481 of 1285 44 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage (In order for election changes to be permitted under this exception, the election change must be on account of and correspond with the change in coverage must permit elections specified under the applicable regulations and an election must actually be made under suc Employee may decrease or revoke election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding increased coverage under other Same as previous column. No change permitted. Employee may decrease or revoke election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding increased coverage under other Same as previous column. Employee may enroll or increase election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding decreased coverage under other plan. Same as previous column. No change permitted. Employee may increase election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding decreased coverage under other Same as previous column. C. Open Enrollment Under Plan of Other Employer Corresponding changes can be made plan. Corresponding changes can be made under No change permitted. Corresponding changes can be made plan. Corresponding changes can be made under plan. 2022/12/06 City Council Post Agenda Page 482 of 1285 45 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage VII. FMLA Leave (Employees can fund this coverage by (1) pre-paying their contribution obligations on a pre-tax basis (so long as the leave does not straddle two plan years); (2) making contributions on a month-by-month basis (pre-tax if they are receiving salary continuation payments); or (3) catching up on their contributions upon returning from the leave.) Employee can make Same as previous Same as previous Employee may revoke Same as previous same elections as column. column. election and make column. employee on non- another election as FMLA leave. In provided under addition, an employer FMLA. must allow an Employee on unpaid FMLA leave either to revoke coverage or to continue coverage but allow Employee to discontinue payment of his or her share of the contribution during the leave (the Employer may recover the contributions when the Employee returns to work). FMLA also allows an Employer to require that Employees on paid FMLA leave continue coverage if Employees on non- FMLA paid leave are required to continue coverage. Employee may make Same as previous Same as previous Employee may make Same as previous a new election if column. column. Note that, a new election if column. coverage terminated upon return, an coverage terminated while on FMLA leave. Employee whose while on FMLA leave. In addition, an coverage has In addition, an Employer may require lapsed has the right Employer may require an Employee to be to resume coverage an Employee to be reinstated in his or her at prior coverage reinstated in his or her 2022/12/06 City Council Post Agenda Page 483 of 1285 46 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage election upon return from leave if Employees who return from a non-FMLA paid leave are required to be reinstated in their elections. level (and make up unpaid premiums) or at a level reduced prorate for the missed contributions. election upon return from leave if Employees who return from a non-FMLA leave are required to be reinstated in their elections. IX. HIPAA Special Enrollment Rights (See related exception for addition of new Dependents) A. Special Enrollment for Loss of Other Health Coverage Employee may elect coverage for Employee, Spouse, or Dependent who has lost other coverage (COBRA coverage exhausted or terminated, no longer eligible for non- COBRA coverage or Employer contributions for non- COBRA coverage terminated, etc.) Though unclear, it appears that tag-along concepts may apply. No change permitted, unless plan is subject to HIPAA. No change permitted, unless HCSA is subject to HIPAA. No change permitted. No change permitted. B. Special Enrollment for Acquisition of New Dependent by Birth, Marriage, Adoption, or Placement for Adoption . retroactive to date of birth, adoption, e to date of birth, adoption, or placement for adoption. For marriage, coverage is effective prospectively.) Employee may elect coverage for Employee, Spouse, or Dependent. Example provides that election of coverage may also extend to previously eligible (but not yet enrolled) Dependents. No change permitted, unless plan is subject to HIPAA. No change permitted, unless HCSA is subject to HIPAA. No change permitted. No change permitted. Insurance under Title XXI of the Social Security Act, or eligibility for group health plan premium assistance. rth, adoption, or placement for adoption; Employee ma or placement for adoption.) 2022/12/06 City Council Post Agenda Page 484 of 1285 47 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage Employee may elect coverage for Employee, or Dependent. Unclear, but appears election of coverage may also extend to previously eligible (but not yet enrolled) Dependents. No change permitted, unless plan is subject to HIPAA. No change permitted, unless plan is subject to HIPAA. No change permitted. No change permitted. X. COBRA Events Employee may increase pre-tax contributions under coverage if COBRA event (or similar state law continuation coverage event) occurs with respect to the Employee, Spouse, or Dependents with respect to which the COBRA qualifying event occurred (such as a loss of eligibility for regular coverage due to loss of Dependent status or a reduction in hours, etc.) and if applicable, the individual still qualifies as a tax Dependent of Employee. Same as previous column. No change permitted. No change permitted. No change permitted. XI. Judgment, Decree, or Order Employee may change election to provide coverage for the child. Though unclear, it appears that tag-along concepts may apply. Same as previous column. Same as previous column. No change permitted. No change permitted. B. Order That Requires Spouse, Former Spouse, or Other Individual to Provide Coverage for the Child Employee may change election to cancel coverage for the child. Same as previous column. Same as previous column. No change permitted. No change permitted. 2022/12/06 City Council Post Agenda Page 485 of 1285 48 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage XII. Medicare or Medicaid or Medicaid. (Other than coverage solely for pediatric vaccines) Employee may elect Unlikely that Employee may No change permitted. No change to cancel or reduce Employee can elect apparently decrease permitted. coverage for to drop dental or or revoke election Employee, Spouse, or vision coverage; or increase election Dependent, as presumably, if HCSA is dropped applicable. Employee must due to retain coverage. Medicare/Medicaid and prior Employer coverage was more comprehensive. B. Employee, Spouse, or Dependent Loses Eligibility for Medicare or Medicaid. (Other than coverage solely for pediatric vaccines) Employee may elect Unlikely that Employee may No change permitted. No change to commence or Employee can elect apparently increase permitted. increase coverage for to add dental or or decrease or Employee, Spouse, or vision coverage; revoke election Dependent, as presumably, where Employer applicable. Employee cannot. plan elected due to Though unclear, it loss of eligibility appears that tag-along for concepts may apply. Medicare/Medicaid is more comprehensive than Medicare/Medicaid . 2022/12/06 City Council Post Agenda Page 486 of 1285 �v� -.-t..J!i.J.,SL..e���� CflYOF CHUlA VISTA EXHIBITB VOLUNTARY PLAN HARTFORD PLAN DOCUMENT Established on January 1, 2018 and Restated on January 1, 2023 Human Resources Department City of Chula Vista 2022/12/06 City Council Post Agenda Page 487 of 1285 2022/12/06 City Council Post Agenda Page 488 of 1285 2022/12/06 City Council Post Agenda Page 489 of 1285 2022/12/06 City Council Post Agenda Page 490 of 1285 2022/12/06 City Council Post Agenda Page 491 of 1285 2022/12/06 City Council Post Agenda Page 492 of 1285 2022/12/06 City Council Post Agenda Page 493 of 1285 2022/12/06 City Council Post Agenda Page 494 of 1285 2022/12/06 City Council Post Agenda Page 495 of 1285 2022/12/06 City Council Post Agenda Page 496 of 1285 2022/12/06 City Council Post Agenda Page 497 of 1285 2022/12/06 City Council Post Agenda Page 498 of 1285 2022/12/06 City Council Post Agenda Page 499 of 1285 2022/12/06 City Council Post Agenda Page 500 of 1285 2022/12/06 City Council Post Agenda Page 501 of 1285 2022/12/06 City Council Post Agenda Page 502 of 1285 2022/12/06 City Council Post Agenda Page 503 of 1285 2022/12/06 City Council Post Agenda Page 504 of 1285 2022/12/06 City Council Post Agenda Page 505 of 1285 2022/12/06 City Council Post Agenda Page 506 of 1285 2022/12/06 City Council Post Agenda Page 507 of 1285 2022/12/06 City Council Post Agenda Page 508 of 1285 2022/12/06 City Council Post Agenda Page 509 of 1285 2022/12/06 City Council Post Agenda Page 510 of 1285 2022/12/06 City Council Post Agenda Page 511 of 1285 2022/12/06 City Council Post Agenda Page 512 of 1285 2022/12/06 City Council Post Agenda Page 513 of 1285 2022/12/06 City Council Post Agenda Page 514 of 1285 2022/12/06 City Council Post Agenda Page 515 of 1285 2022/12/06 City Council Post Agenda Page 516 of 1285 OlYOF CHUlA VISTA EXHIBITC EMPLOYEE ASSISTANCE PROGRAM HEALTH AND HUMAN RESOURCE CENTER, INC. (dba AETNA RESOURCES FOR LIVING) PLAN DOCUMENT Established on November 1, 2019 and Restated on January 1, 2023 Human Resources Department City of Chula Vista 2022/12/06 City Council Post Agenda Page 517 of 1285 2022/12/06 City Council Post Agenda Page 518 of 1285 EAP Services Agreement 1 HEALTH AND HUMAN RESOURCE CENTER, INC. (dba AETNA RESOURCES FOR LIVING) EMPLOYEE ASSISTANCE PROGRAM (EAP) SERVICES AGREEMENT This Employee Assistance Program (EAP) Services Agreement ("Agreement") is made and entered into by and between Health and Human Resource Center, Inc., doing business as Aetna Resources For Living ("Plan"), and the organization identified as Group on the Cover Sheet of this Agreement ("Group"). RECITALS A. Plan operates a specialized health care service plan licensed under the Knox-Keene Health Care Service Plan Act of 1975, as amended (the "Act"), and the regulations promulgated thereunder (the "Regulations"). B. Plan will provide and arrange for the provision of Benefits to Group employees and certain persons associated with Group employees, as Members, in accordance with the terms, conditions, Limitations and Exclusions of this Agreement, as such terms are defined below. C. Group will pay Periodic Fees to Plan for the provision of Benefits by Plan to Group employees and certain persons associated with Group employees, as Members. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the promises and covenants contained herein, Plan and Group agree as follows: I. DEFINITIONS The following terms shall have the following meanings: A. "Act" The Knox-Keene Health Care Service Plan Act of 1975, as amended (California Health and Safety Code Sections 1340 et seq.). B. "Benefits" The coverages to which Members are entitled under this Agreement, and the services to be provided to Group hereunder, which are set forth in Exhibit A to this Agreement. C. "Director" Director of the California Department of Managed Health Care. D. "EAP Provider" A licensed assessment and short-term counseling professional employed by, or under contract with Plan to provide Benefits to Members. E. “Exclusion” Any provision of this Agreement whereby coverage for Benefits is entirely eliminated. F. "Evidence of Coverage" or “Combined Evidence of Coverage and Disclosure Form” The document issued to an employee of Group which summarizes the essential terms of this Agreement. 2022/12/06 City Council Post Agenda Page 519 of 1285 EAP Services Agreement 2 G. "Group" The organization identified as such on the Cover Sheet of this Agreement. H. "Limitation" Any provision of this Agreement which restricts Benefits, other than an Exclusion. I. "Member" An eligible employee of Group, the eligible employee’s children under the age of 26, persons covered under the eligible employee’s health benefit plan, persons residing with the eligible employee, including domestic partners. J. "Periodic Fees" The monthly amounts due and payable to Plan from Group for providing Benefits to Members. K. "Plan" Health and Human Resource Center, Inc., doing business as Aetna Resources For Living. L. "Regulations" Those regulations promulgated and officially adopted under the Act. M. "Service Area" Those areas in which Plan is licensed to operate. II. CHOICE OF PROVIDERS Benefits must be obtained from an EAP Provider through Plan. A Member may obtain Benefits by contacting Plan at 1-800-342-8111. Upon contact, Plan will determine the Member's eligibility for Benefits and arrange for Benefits. III. BENEFITS Subject to all of the terms, conditions, Limitations and Exclusions of this Agreement, Members are entitled to receive Benefits as follows: A. Obtaining Benefits. Unless otherwise specifically stated to the contrary, the services described herein are Benefits only if, and to the extent, that they are authorized and directed by Plan and performed by an EAP Provider. B Non-EAP Providers. In the event Plan fails to pay a non-EAP Provider, the Member will be liable to such non-EAP Provider for the cost of services provided to the Member. C. Benefits. Benefits may be changed in accordance with Section XIII.A hereof. IV. LIMITATIONS AND EXCLUSIONS The rights of Members and the obligations of Plan hereunder are subject to the following Limitations and Exclusions: A. Limitation. In the event of any major disaster or epidemic, Plan shall provide Benefits to Members to the extent practical, according to its best judgment, within the limitations of such facilities and personnel as are then available. Plan shall have no liability to Members for any delay in providing or failure to provide Benefits under such conditions. 2022/12/06 City Council Post Agenda Page 520 of 1285 EAP Services Agreement 3 B. Exclusion. Court ordered treatment or therapy, or any treatment or therapy ordered as a condition of parole, probation or custody or visitation evaluations, is entirely excluded from Benefits. V. PERIODIC FEES AND MEMBER CHARGES A. Periodic Fees. Group shall remit to Plan, by the date specified on the Cover Sheet of this Agreement, the number of employees entitled to receive Benefits as of the effective date of coverage for initial Members also set forth on the Cover Sheet, together with the applicable Periodic Fees set forth on Exhibit B of this Agreement for each such employee. Thereafter, on or before the first day of each month of the term of this Agreement, Group shall provide Plan with the number of employees entitled to receive Benefits during such month, and Plan shall invoice Group for Periodic Fees for such employees. Group shall remit such Periodic Fees to Plan within thirty (30) days of receipt of Plan’s invoice therefore for Members entitled to receive Benefits during the month to which the invoice applies. In the event Group fails to timely provide Plan with the number of employees entitled to Benefits during a particular month, Plan may bill Group for Periodic Fees based on the most recent employee count provided by Group and adjust subsequent invoices to reflect any discrepancies accordingly. The Periodic Fees set forth on Exhibit B shall remain in effect for the term of this Agreement, unless changed in accordance with Section XIII.A hereof. B. Other Charges. Plan shall invoice Group for additional services or benefits provided under this Agreement. Group shall remit payment to Plan within thirty (30) days of receipt of each such invoice. C. Member Charges. Members will not be required to make co-payments to EAP Providers for Benefits. However, a Member is responsible for paying for the services of EAP Providers and others to whom the Member is referred, when the services do not constitute Benefits. VI. PROVIDER COMPENSATION A. Plan compensates EAP Providers through an agreement by which they are paid a fixed amount of money based on hours worked, number of Members seen, or number of sessions provided. Providers are compensated within thirty (30) days after a claim is received. B. Plan does not distribute financial bonuses or use any other incentive program to compensate its EAP Providers other than the methods of compensation defined above. VII. EFFECTIVE DATE OF BENEFITS A. Initial Members. All employees of Group as of the effective date of this Agreement provided for on the Cover Sheet hereof, and all persons entitled to be Members through such employees shall be entitled to receive Benefits as of 12:01 a.m. on such effective date. B. Subsequent Members. Any employee who becomes eligible after the effective date of this Agreement and all persons entitled to be Members through the employee, shall be entitled to Benefits, effective immediately. Group shall notify Plan of newly eligible employees and members. 2022/12/06 City Council Post Agenda Page 521 of 1285 EAP Services Agreement 4 VIII. TERM AND TERMINATION A. Term. The Initial Term of this Agreement for the provision of Benefits to Members hereunder is set forth on the Cover Sheet of this Agreement. Thereafter, this Agreement shall be automatically renewed for successive twelve (12) month terms (“Renewal Terms”), subject to the termination provisions contained herein. B. Termination of Individual Member. 1. Loss of Eligibility. If an employee ceases to meet the eligibility requirements of Group, as determined by Group’s personnel and benefit policies, then coverage for Benefits under this Agreement for such employee, and all other Members covered for Benefits through the employee, terminates automatically at midnight on the last day of the month in which the employee ceases to meet the eligibility requirements of Group. Group shall notify Plan monthly of the employees ceasing to meet Group’s eligibility requirements. Plan shall not charge an employee who ceases to meet Group’s eligibility requirements, or Members covered for Benefits through such employee, for Benefits rendered prior to Group’s notice to Plan of the employee’s loss of eligibility. 2. Right to Review. A Member who alleges that his or her rights hereunder were terminated or not renewed because of the Member's health status or requirements for Benefits, may request a review of the termination by the Director pursuant to Section 1365(b) of the California Health and Safety Code. C. Termination of Group. 1. Termination of this Agreement. This Agreement may be terminated by Group, with or without cause, by giving Plan at least thirty-one (31) days advance written notice stating when, after the date of such notice, termination shall become effective. This Agreement may also be terminated by Plan for nonpayment, as provided in Section VIII.C.2 and VIII.C.3. 2. Nonpayment. If Group fails to pay any amount due Plan within thirty (30) days after Plan's notice to Group of, and bill for the amount due, then Plan may terminate the rights of the Members involved, effective upon Plan's issuance of notification of cancellation to Group. Such rights may be reinstated only by payment of the amounts due and in accordance with Section VIII.C.3. Plan shall continue to provide Benefits to Members until expiration of the applicable reinstatement period and shall not charge Members for services rendered during such period. Thereafter, Plan shall not be liable for Benefits to Members. 3. Reinstatement. Receipt by Plan of the proper Periodic Fees within fifteen (15) days of Plan's issuance of the notice of cancellation to Group for non-payment of Periodic Fees shall reinstate the Members as though there never was a cancellation. If such payment is received after said fifteen (15) day period, Plan, at its option, may either refund to Group the amounts paid and consider this Agreement terminated, or issue to Group, within twenty (20) days of the receipt of such payment, a new agreement accompanied by written notice stating clearly those respects in which the new agreement differs from this Agreement in Benefits or other terms. 2022/12/06 City Council Post Agenda Page 522 of 1285 EAP Services Agreement 5 D. Extension of Benefits upon Termination 1. Termination of Provider Contract. Upon termination of a contract with an EAP Provider, Plan shall be liable for Benefits rendered by such EAP Provider to Members who retain eligibility under this Agreement, or by operation of law, under the care of such EAP Provider at the time of such termination, until the Benefits being rendered to such Members are completed, or until Plan makes reasonable provision for the assumption of such Benefits by another EAP Provider. 2. Group Continuation Benefits. Federal or state law requires Group to continue to make health care benefits available to certain Members who lose eligibility for Benefits under this Agreement. To assist Group in complying with such laws, Plan, in its sole discretion, may agree to continue to make Benefits available to such persons. Under such circumstances, Group shall be solely responsible for complying with all applicable laws governing such continuation coverage, and for notifying eligible persons of the availability, terms, conditions and duration of, and of all changes in, such coverage. Group agrees to indemnify, save and hold harmless Plan from any and all liability in any way arising out of Group's health care benefit continuation obligations under federal or state law, and Group's notification obligations provided for above. IX. COMPLAINT AND GRIEVANCE PROCEDURE Members are entitled to present complaints and grievances involving Benefits, Plan and EAP Providers to Plan, and Plan is obliged to seek to resolve such complaints and grievances. Plan has established a procedure for processing and resolving Member complaints and grievances. A copy of this procedure, and the form to be used to file a complaint or grievance, are available from Plan and from all EAP Providers and EAP Provider locations. A grievance is a written or oral expression of dissatisfaction regarding Plan and/or an EAP Provider, including quality of care concerns, and includes a complaint, dispute, request for reconsideration or appeal made by a Member or the Member’s representative. A complaint is the same as a grievance. There is no discrimination by Plan against a Member for filing a grievance. Members are entitled to present complaints and grievances. Plan is obliged to seek to resolve such complaints and grievances in a timely fashion. Members may file a grievance up to 365 calendar days following an incident or action that is the subject of the member’s dissatisfaction. Plan has established a procedure for processing and resolving Member complaints and grievances. Should a Member desire to register a complaint or grievance with Plan concerning Benefits, he/she can either call Plan at the toll-free telephone number 1-800-342-8111 to report the complaint or grievance, or to request a copy of Plan’s Complaint Form, or write directly to Plan at 10260 Meanley Drive, San Diego, CA 92131. The telephone call or letter should be addressed to the Director, Clinical Quality Improvement. Plan will acknowledge each complaint and grievance within five (5) days of receipt. The Director, Clinical Quality Improvement, will receive and investigate all Member complaints and grievances. The Director, Clinical Quality Improvement, will respond to the Member stating the disposition and the rationale within thirty (30) days of receipt of the grievance. If the grievance is not resolved to the Member’s satisfaction, a second level of review may be requested within ten (10) days of notification of such disposition. Any such request will be reviewed by the Medical Director and responded to within seventy-two (72) hours of receipt. 2022/12/06 City Council Post Agenda Page 523 of 1285 EAP Services Agreement 6 If the complaint or grievance involves a delay, modification, or denial of service related to a clinically emergent or urgent situation, the review will be expedited and a response provided in writing to the Member within three (3) days from receipt of the complaint or grievance. There is no requirement that the Member participate in Plan’s grievance process before requesting a review by the California Department of Managed Care (“Department”) in any case determined by the Department to be a case involving an imminent and serious threat to the health of the patient, including but not limited to severe pain, the potential loss of life, limb, or major bodily function, or in any other case where the Department determines that an earlier review is warranted. The criteria for determining emergent situations are whether the Member is assessed to be at imminent risk to seriously harm himself or another person, or is so impaired in judgment as to destroy property or be unable to care for his own basic needs. The criteria for determining urgent situations are whether the Member is assessed to be significantly distressed, and is experiencing a reduced level of functioning due to more than a moderate impairment resulting in an inability to function in key family/work roles. A Member, or the agent acting on behalf of the Member, may also request voluntary mediation with Plan prior to exercising the right to submit a grievance to the Department. The use of mediation services will not preclude the Member’s right to submit a grievance to the Department upon completion of the mediation. In order to initiate mediation, the Member, or the agent acting on behalf of the Member, and Plan will voluntarily agree to mediation. Expenses for the mediation will be borne equally by the parties. The Department will have no administrative or enforcement responsibilities in connection with the voluntary mediation process. Mediations will take place in San Diego, California unless otherwise determined by the parties. Pursuant to Section 1365(b) of the Act, any Member who alleges his enrollment has been canceled or not renewed because of his health status or requirement for services may request review by the Department. The California Department of Managed Health Care is responsible for regulating health care service plans. If a member has a grievance against the health plan, the member should first telephone the health plan at (1-800-342-8111) and use the health plan’s grievance process before contacting the department. Utilizing this grievance procedure does not prohibit any potential legal rights or remedies that may be available to the member. If a member needs help with a grievance involving an emergency, a grievance that has not been satisfactorily resolved by the health plan, or a grievance that has remained unresolved for more than 30 days, the member may call the department for assistance. The member may also be eligible for an Independent Medical Review (IMR). If the member is eligible for IMR, the IMR process will provide an impartial review of medical decisions made by a health plan related to the medical necessity of a proposed service or treatment, coverage decisions for treatments that are experimental or investigational in nature, and payment disputes for emergency or urgent medical services. The department also has a toll-free telephone number (1-888-HMO-2219) and a TDD line (1-877-688-9891) for the hearing and speech impaired. The department’s Internet website http://www.hmohelp.ca.gov has complaint forms, IMR application forms and instructions online. Plan’s grievance process and the department’s complaint review process are in addition to any other dispute resolution procedures that may be available to the member, and the member’s failure to use these processes does not preclude the member’s use of any other remedy provided by law. 2022/12/06 City Council Post Agenda Page 524 of 1285 EAP Services Agreement 7 X. RECORDS Plan agrees to maintain, in the State of California, such records and to provide such information to the Director as may be necessary for compliance by Plan with the provisions of the Act and the Regulations. Plan further agrees that such obligations are not terminated upon termination of this Agreement, whether by rescission or otherwise, and that such records shall be retained by Plan for at least seven (7) years. Plan agrees to permit the Director access, at all reasonable times upon demand, to such records and information. XI. ARBITRATION If any dispute or controversy shall arise between the parties with respect to the making, construction, terms, application or interpretation of this Agreement, or the rights of either party, or with respect to any transaction contemplated by this Agreement, either party may refer the dispute or controversy to the American Arbitration Association for resolution. The arbitration shall be an adversary hearing and each party shall be entitled to call and cross-examine witnesses under oath and to introduce oral and documentary evidence. The arbitration shall be held within thirty (30) days of the appointment of the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the award may be entered in any court having jurisdiction and shall be fully binding on the parties. The arbitration shall take place in San Diego, California, unless some other location is mutually agreed upon by the parties, and shall be governed by the rules of the American Arbitration Association, except as may otherwise be expressly provided herein. The expenses of the arbitrator shall be shared equally by the parties. The prevailing party in the arbitration or in any legal action concerning the arbitration or the judgment on the arbitration award, shall be entitled to recover its costs and reasonable attorney's fees from the other party. XII. HIPAA COMPLIANCE Each party acknowledges that the use and disclosure of individually identifiable health information is limited by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any current and future regulations promulgated thereunder including without limitation the federal privacy regulations contained in 45 CFR Parts 160 and 164, the federal security standards contained in 45 CFR Part 160, 162 and 164 and the federal standards for electronic transactions contained in 45 CFR Parts 160 and 162, all collectively referred to herein as the HIPAA Requirements. Each party agrees to comply with the HIPAA Requirements to the extent applicable to such party and further agrees that it shall not use or further disclose Protected Health Information (as defined under the HIPAA Requirements) other than as permitted by the HIPAA Requirements. The parties further agree to execute such other agreements and understandings as may be necessary or required to satisfy all HIPAA Requirements applicable to this Agreement and the transactions contemplated hereby. XIII. MISCELLANEOUS A. Change of Periodic Fees and/or Benefits. Plan may change Periodic Fees and/or Benefits hereunder, provided Plan notifies Group, in writing, of the change in Periodic Fees and/or Benefits at least sixty (60) days prior to the renewal effective date of this Agreement. The written notice to Group of the 2022/12/06 City Council Post Agenda Page 525 of 1285 EAP Services Agreement 8 change in Periodic Fees and/or Benefits shall be consistent with the requirements in Sections 1374.21 and 1374.22 of the California Health and Safety Code. B. Member Consent. By this Agreement, Group makes Benefits available to Members. However, this Agreement shall be subject to amendment, modification or termination, in accordance with the provisions hereof, or by mutual agreement between Plan and Group, without the consent or concurrence of Members. By electing Benefits pursuant to this Agreement, or accepting Benefits hereunder, all Members legally capable of contracting, and the legal representatives of all Members incapable of contracting, agree to all terms, conditions and provisions hereof. C. Entitlement to Benefits. To be entitled to receive Benefits under this Agreement, a person must be a Member on whose behalf Periodic Fees have been paid. Any person receiving Benefits to which he or she is not then entitled pursuant to the provisions of this Agreement shall be responsible for payment therefore. D. Notice of Certain Events. Plan shall give Group written notice within a reasonable time of any termination or breach of contract by, or inability to perform of an EAP Provider, or any person with whom Plan has a contract to provide Benefits hereunder, if Group can be materially and adversely affected thereby. E. Liability of Plan. In the event Plan fails to pay EAP Providers for Benefits provided to Members, Members shall not be liable to EAP Providers for any sums owed by Plan. F. Member's Liability to Non-Plan Providers. Except with respect to Benefits rendered in an emergency, in the event Plan fails to pay non-EAP Providers, Members may be liable to such non-EAP Providers for the cost of services rendered. G. Plan Referrals to Members. When EAP Providers refer Members for further treatment, EAP Providers, to the best of their ability, will inform Members of the insurance deductibles and co-payments that Members will be liable for as a result of the referral. Members will be informed they are fully liable for all costs of treatment subsequent to the Benefits provided herein. H. Plan's Policies. Plan may adopt reasonable policies, procedures, rules and interpretations to promote orderly and efficient administration of this Agreement. I. Entire Agreement. This Agreement, including its Exhibits, constitutes the entire understanding between the parties with respect to the subject matter hereof and, as of the effective date hereof, supersedes all other agreements between the parties with respect to such subject matter. If any part of this Agreement is deemed unenforceable, the remaining parts shall remain in full force and effect. J. Amendments. No agent or other person, except an authorized representative of Plan, has authority to waive any condition or restriction of this Agreement, to extend the time for making a payment, or to bind Plan by making any promise or representation or by giving or receiving any information. No change in this Agreement shall be valid unless evidenced by an endorsement to it signed by the aforesaid representative, or by an amendment to it signed by Group and such representative of Plan. The above notwithstanding, this Agreement shall be deemed automatically amended to comply with the provisions of the Act and the Regulations. 2022/12/06 City Council Post Agenda Page 526 of 1285 EAP Services Agreement 9 K. Notices. Any notice under this Agreement may be given, addressed to the applicable party at the address provided on the Cover Sheet, or to such other address as may be provided by giving notice pursuant to this Section. Notices given by United States mail, postage prepaid, return receipt requested shall be deemed given three (3) days after deposit in the mail. Notices given by next day or overnight delivery or in person shall be deemed given upon delivery. L. Notices to Members. Group agrees to disseminate all notices regarding material matters with respect to this Agreement and Plan to Members within ten (10) days after the receipt of notice of such matters from Plan. In the event that any such notice from Plan involves the cancellation or termination of, or decision not to renew this Agreement, Group shall provide notice of such to Members promptly and shall provide Plan with written evidence of such notification. M. Discrimination. Plan may not refuse to enter into any contract, or cancel or decline to renew or reinstate any contract, nor may Plan modify the terms of a contract because of the race, color, national origin, ancestry, religion, sex, marital status, sexual orientation, handicap or age of any contracting party, or person reasonably expected to benefit from such contract. N. Headings. The headings of the Articles and Sections of this Agreement are for information purposes only and shall not limit or otherwise restrict the meaning of any provision of this Agreement. O. Interpretations and Governing Law. 1. Plan is subject to the requirements of the Act and the Regulations, and any provision required to be in this Agreement by either of the above shall bind Plan whether or not set forth herein. 2. This Agreement shall be governed by and construed in accordance with the laws of the State of California. P. Limitation on Liability. Group acknowledges that the information and advice provided to Members by legal and financial persons to whom Members are referred under this Agreement (“Referees”) are not, expressly or impliedly, endorsed, recommended or approved by Plan. The relationship between Plan and a Referee is that of independent third party entities. Plan, its agents and affiliates are not agents or affiliates of any Referee. Referees maintain a Referee-client relationship with Members, and Referees are solely responsible to Members for any and all services that they may provide to Members. Plan makes no warranties, expressed or implied, of any kind with respect to the services provided by a Referee. Plan shall not be liable for the negligence or wrongful acts or omissions of Referees. 2022/12/06 City Council Post Agenda Page 527 of 1285 EAP Services Agreement 10 EXHIBIT A DESCRIPTION OF SERVICES EMPLOYEE ASSISTANCE PROGRAM SERVICES Subject to the terms and conditions of this Services Agreement, the EAP Services selected by Group and provided by Plan are reflected in this EXHIBIT A: DESCRIPTION OF SERVICES and SERVICE AND FEE SCHEDULE. Additional EAP Services may be provided at Group’s request under the terms of this Services Agreement. All Services described in this Services Agreement are available within the United States only. International EAP Services are only available if specifically described and priced separately. 1. UNLIMITED TELEPHONIC ASSESSMENT AND REFERRAL: Unlimited telephonic access to the EAP call center staff, available 24 hours per day, 7 days per week, 365 days per year for purposes of assessing member needs and referring to appropriate EAP Services. 2. COUNSELING SESSIONS WITH EAP NETWORK PROVIDERS AND CONTRACTED TELEVIDEO PROVIDERS: Counseling sessions can be provided face-to-face, telephonically, or via televideo (when appropriate). Face-to-face or telephonic sessions are provided by an EAP Network Provider. Televideo sessions are provided by one of our specialty telepsychiatry vendors. Each member is entitled, on a contract year, up to the allowed number of counseling sessions authorized as set forth herein under Exhibit B. All counseling sessions require prior authorization. The member must contact Plan to receive referrals and authorizations for all counseling sessions whether face-to-face, telephonic, or televideo. Marital and/or family sessions are considered one incident for the couple or family, and sessions are not authorized individually for each attendee. Face-to-face, telephonic, and televideo counseling sessions count toward the number of counseling sessions authorized. 3. EAP PROVIDER NETWORK: A nationwide network of licensed behavioral health professionals, who meet all Plan credentialing standards, and who are contracted by Plan, as independent contractors, to provide counseling to Members. EAP Network Providers include, but are not limited to: social workers, licensed professional counselors, marriage and family therapists, master’s level psychiatric nurses and psychologists. 4. TRAINING AND EDUCATION: The term “Training and Education” refers to training, provided by Plan, or a Plan Contracted educator to the Group, concerning general behavioral health and work/life issues. This includes Employee Orientation Meetings and Supervisor Orientation Trainings. This training may be provided in different ways, i.e. in-person, telephonically, or web- based (webinars). Additional fees apply to webinars with over 50 participants (participants are defined as unique phone lines calling into the webinar). Department of Transportation (DOT) services are excluded from standard Training and Education services. For specialized DOT training, see separate definition under Drug Free Workplace Services. Mental Health First Aid trainings are excluded from standard Training and Education services. For specialized Mental Health First Aid training, see separate definition under Mental Health First Aid. 5. MANAGEMENT SERVICES: MANAGEMENT CONSULTATION: A telephonic resource for managers, supervisors, and human resources professionals to assist in identifying and resolving workplace issues and 2022/12/06 City Council Post Agenda Page 528 of 1285 EAP Services Agreement 11 promoting a productive workforce. Issues may include but are not limited to employee personal and family issues, behavioral health concerns, workplace conflict, workplace crisis and other disruptions, substance abuse, threats of violence and employee performance concerns. This includes the provisions of guidance to the Group in making voluntary referrals for employees to the EAP. EAP will coordinate with specialty providers as needed (SAP, DOT, FFD). MANDATORY REFERRALS: Case management to assist Group and employees in addressing significant workplace performance issues. Mandatory referrals are used to monitor compliance with the EAP Behavioral Health Professional’s recommendations, wherein the EAP, with appropriate executed release of information forms, confirms the employee’s participation in and compliance with the Program. DRUG FREE WORKPLACE SERVICES: Suite of services to assist Group in managing workplace related employee substance misuse and/or disclosure of substance abuse in the workplace. Services for general employer industries include Plan EAP case management of mandatory referrals related to workplace impacted substance abuse, as well as management consultation services as described above. Services for transportation related industries, such as employers who are regulated by DOT, FMCSA, FAA, FRA, FTA, PHMSA, etc., include substance abuse case management by a Substance Abuse Professional (SAP) for Department of Transportation regulation compliance. Additional service for transportation regulated employees includes DOT training to meet Drug-Free Workplace regulations regarding drug and alcohol awareness available through American Substance Abuse Professionals (ASAP) or comparable SAP provider. A variety of training formats are available, including on-site, on-line or video. FITNESS FOR DUTY (FFD) CONSULTATION AND COORDINATION: A Fitness for Duty Evaluation is a forensic evaluation completed by a specially trained psychologist, psychiatrist, outside the EAP, for the purpose of evaluating an employee’s ability to safely perform the functions of their job, assess organizational and behavioral risk, and provide a report recommending steps needed to be taken to minimize Group risk in returning the employee to work. Fitness for Duty Evaluations are outside the scope of EAP, and as such the EAP does not conduct Fitness for Duty Evaluations. Upon specific request, the EAP may assist Group with locating companies or providers external to the EAP who are capable of performing FFD Evaluations. At all times the Group is responsible for working directly with the identified FFD provider as well as directly making payment arrangements with that provider for the FFD Evaluation. All decisions, regarding returning to work, retaining or dismissing employees remain with the Group. SUBSTANCE ABUSE PROFESSIONAL (SAP) CONSULTATION AND CONTACT INFORMATION: Upon request of Group, for drug and alcohol cases that fall under the Department of Transportation (DOT) guidelines, Plan shall provide initial and ongoing management consultation on DOT issues. Plan will further provide contact information of local providers in our specialized network of qualified Substance Abuse Professionals. Group is responsible for choosing and working directly with the SAP, as well as performing Follow- up, Compliance and Aftercare attendance monitoring. Group is responsible for payment of the SAP and determines whether the employee or employer pays SAP fees as well as recommended treatment costs. 2022/12/06 City Council Post Agenda Page 529 of 1285 EAP Services Agreement 12 MENTAL HEALTH FIRST AID: An educational program offered to Groups to help managers and employees recognize and respond to mental health issues in the workplace. The curriculum includes an overview of mental health and provides education about Anxiety, Depression, Suicide, Trauma, Psychosis, and Substance Use Disorders, along with videos, interactive exercises and practice scenarios. Courses must be taught onsite. The eight hour course provides all participants with Mental Health First Aid Certification for three years. A four-hour option is available for a general overview of the topic. The four-hour class does NOT provide participants with a Mental Health First Aid Certification. Courses are limited to 30 participants per course. 6. CRITICAL INCIDENT SUPPORT (Crisis Support/Management Services/Critical Incident Stress De-Briefing (CISD) Services): An array of services offered by the EAP that helps an organization to prepare for, prevent, or respond to traumatic events. Acts of war are excluded from on-site CISD Services. ON-SITE STANDARD CRITICAL INCIDENT SUPPORT: On-site attendance response time in greater than two hours for hourly onsite crisis support and Critical Incident Stress De- Briefing (CISD) Services at Group sites to help an organization prepare for, prevent, or respond to traumatic events. ON-SITE IMMEDIATE CRITICAL INCIDENT SUPPORT: On-site attendance response time in less than two hours for hourly onsite crisis support and Critical Incident Stress De- Briefing (CISD) Services at Group sites to help an organization prepare for, prevent, or respond to traumatic events. 7. REDUCTION IN FORCE: The process by which a work organization reduces its work force by eliminating jobs, such as closing subsidiaries or departments. 8. COMMUNICATION AND PROMOTIONAL MATERIALS: Information provided to Employees and management about EAP Services, including, in part, how EAP Services can be accessed for consultation and assistance. The communications and promotional resources may include template e-mails, letters, flyers, wallet cards, and posters for Employees and management. Plan will provide reasonable quantities of printed materials in support of implementation and/or on an annual basis at Group’s request at no cost. Reasonable quantities are defined as up to 120% of the number of eligible Employees for items such as flyers or brochures; a quantity up to 5% of the number of eligible Employees for items such as posters; and a quantity of up to 20% of anticipated attendees at health fairs for other promotional items. Requests exceeding these quantities may incur an additional fee. 9. MANAGEMENT REPORTS: A specific collection of data and narrative information designed to inform Group about the overall utilization of the program. Group may receive reports on an electronic basis. If for any two consecutive reporting periods there is less than 1% utilization, reporting frequency will default to annual reporting. 10. INTAKE MODEL: STANDARD MODEL: Initial intake calls answered by a care service associate /customer service representative. 2022/12/06 City Council Post Agenda Page 530 of 1285 EAP Services Agreement 13 11. EAP EXCLUSIONS:The following services are outside the scope of the EAP: Counseling services beyond the allowed number of sessions covered by the EAP benefit. Court ordered treatment or therapy, or any treatment or therapy ordered as a condition of parole, probation, custody, or visitation evaluations, or paid for by Workers’ Compensation. Formal psychological evaluations which normally involve psychological testing and result in a written report. Diagnostic testing and/or treatment. Visits with psychiatrist, including medication management. Prescription medications. Services for remedial education. Inpatient treatment of any kind, residential treatment, partial hospitalizations, intensive outpatient treatment. Ongoing counseling for a chronic diagnosis that requires long term care. Biofeedback. Hypnotherapy. Aversion therapy. Examination and diagnostic services required to meet employment, licensing, insurance coverage, travel needs. Services with a non-contracted EAP Provider. Fitness for duty evaluations. Legal representation in court, preparation of legal documents, or advice in the areas of taxes, patents, or immigration, except as otherwise described in this document. Investment advice (nor does Plan loan money or pay bills). 2022/12/06 City Council Post Agenda Page 531 of 1285 EAP Services Agreement 14 WORK/LIFE PROGRAM SERVICES 1. UNLIMITED TELEPHONIC ACCESS: Unlimited telephonic access to the call center staff, available 24 hours per day, 7 days per week, 365 days per year. 2. CAREGIVING SERVICES: Services that include consultation, information, education and referral services in connection with, in part, adoption, child care, parenting, temporary back-up care, summer care, special needs, high-risk adolescents, academic services, education loans, grandparents as parent, adult care, elder care, and disaster resources. 3. PERSONAL SERVICES: Free educational materials, personalized referrals, and interactive web tools to assist with: Health & Wellness--Children’s health; women’s health; men’s health; seniors’ health; weight loss and nutrition; fitness and exercise programs; general health; safety; stress management; information on diseases and conditions; and more. Daily Life--Home improvement; pet care; consumer information; automotive services; relocation; travel; time management; cleaning services; and more. 4. LEGAL, FINANCIAL, and IDENTITY THEFT SERVICES: Services provided through the EAP that include: LEGAL SERVICES: ½ hour Initial Consultation with selected participating attorney on an unlimited number of new Legal Topics (each plan year). Certain topic areas are excluded, including employment law. Also excluded are matters that, in the attorney’s opinion, lack merit. Court costs, filing fees and fines are the responsibility of the member. If members choose to continue with the participating attorney and hire that attorney on their own, they will receive 25% off of the fees for services beyond the initial consultation (excluding flat legal fees, contingency fees, and plan mediator services). Mediation Services – Each member is entitled to one (1) initial thirty minute office or telephone consultation per separate legal matter at no cost with a participating mediator. In the event that the member wishes to retain a participating mediator after the initial consultation, they will be provided with a preferred rate reduction of 25% from the mediator’s normal hourly rate. Typical matters may include divorce and child custody, contractual and consumer disputes, real estate and landlord tenant, car accidents and insurance disputes. Simple Will Preparation: Members receive resources to complete one Simple Will. All initial consultation (and discounted consultations) must be for legal matters related to the Employee and eligible household members. FINANCIAL SERVICES: 2022/12/06 City Council Post Agenda Page 532 of 1285 EAP Services Agreement 15 ½ hour Initial Consultation with the selected participating financial counselor on an unlimited number of new Financial Counseling Topics each plan year. Financial counseling topics include Budgeting, Credit, Debt, Retirement, College Planning, Buying vs. Leasing, Mortgages/Refinancing, Financial Planning, Tax Questions, Tax Preparation, IRS Matters, Tax Levies and Garnishments, Consumer Credit Counseling, and Community Services. A discount of 25% off the tax preparation services. Individual Employees may have the option to purchase additional services for a monthly nominal fee. IDENTITY THEFT SERVICES: 1-hour telephonic fraud resolution consultation for Identity Theft. Coaching and direction on prevention and restoring credit for victims of Identity Theft. Free Identity Theft Emergency Response Kit for victims of Identity Theft. Individual Employees may have the option to purchase additional services for a monthly nominal fee. 5. MEMBER WEBSITE: CORE MEMBER WEBSITE: Access to customizable member website for free webinars, online work/life searches, concierge database, discount program, thousands of articles, videos, and tools on work/life and behavioral health topics. 2022/12/06 City Council Post Agenda Page 533 of 1285 EAP Services Agreement 16 DOMESTIC EAP GROUP SERVICE AND FEE SCHEDULE Group hereby elects to receive the Services designated below. The below Service Fees shall be in effect for the Initial Term of Agreement as specified on the Cover Sheet of this Agreement, and, thereafter, if this Services Agreement is renewed for any additional successive Term(s), such Service Fees may be revised for each such successive Term. CRITICAL INCIDENT SUPPORT/CRITICAL INCIDENT STRESS DE-BRIEFING (CISD) SERVICES: STANDARD CISD SERVICES (On-site attendance response time in greater than two (2) hours.) Unlimited Standard CISD Services: Unlimited Standard CISD sessions are included, limited to 10 hours per incident. Issues concerning downsizing, mergers, acquisition activities (i.e., Reductions in Force, or RIFs), catastrophic natural disasters, and terrorism, or services beyond the 10 hours per incident limitation, are subject to the hourly rate of $250.00 per hour plus travel and preparation expenses reimbursed at a flat rate of $150.00 per hour. Immediate CISD Services are subject to the fees described below. Cancellation: Whenever possible, Group agrees to provide Plan with 24 hours advance notice of cancellation of any requested Workplace Crisis Response Services. Failure to provide Plan with 24 hours advance notice of cancellation of services which are excluded from the provision of Unlimited Standard CISD Service as described above, i.e., beyond the 10 hours per incident limitation, Immediate CISD Services, downsizing, mergers, acquisition activities (i.e., Reductions in Force, or RIF’s), catastrophic natural disasters, and terrorism which are subject to the hourly fee-for-service rate will result in a charge of $375.00 per incident. IMMEDIATE CISD SERVICES (On-site attendance response time in two (2) hours or less.) Fee-For-Service: $350.00 per hour plus travel and preparation expenses reimbursed at a flat rate of $150.00 per hour. Cancellation: Services which are provided on a fee-for-service basis and which are subject to the hourly rate will result in a charge of $375.00 per incident. CISD hours used, whether fee-for-service and/or within a bank of Standard CISD hours included, are calculated based upon the combined total number of hours all clinicians are on-site. If Group requests a specific crisis counselor, or a counselor with specific qualities, including but not limited to specialized certifications, experience, or language, Group will be billed the applicable hourly rate “door-to-door” which will include the specialist’s travel time. This is in lieu of the flat preparation time and travel fee. If Group requests on-site crisis response services in a location which is further than 50 miles from a town with a population of at least 25,000 people, Group will be billed the applicable hourly rate “door-to-door” which will include the specialist’s travel time. This is in lieu of the flat preparation time and travel fee. 2022/12/06 City Council Post Agenda Page 534 of 1285 EAP Services Agreement 17 If Group requests on-site support services in response to a large scale disaster area affecting the transportation infrastructure of that area, and/or the availability of local providers, necessitating the assistance of providers from outside the affected areas, Group will be billed the current hourly rate plus $50 per hour for each on-site hour. In addition, Group will be billed $200 per travel hour from the command center to the intervention site. This is in lieu of the flat preparation time and travel fee. Any other Group requested services wherein the crisis counselor incurs non-standard travel (e.g. having to fly to accompany employees affected by a crisis) will be billed at the exact travel costs in addition to the hourly fees. REDUCTION IN FORCE (RIF) SERVICES: Fee-For-Service: $250.00 per hour plus travel and preparation expenses reimbursed at a flat rate of $150.00 per hour. Cancellation: Group agrees to provide Plan with 24 hours advance notice of cancellation of any requested RIF service. Failure to provide Plan with 24 hours advance notice of cancellation will result in a charge of $375.00 per incident. TRAINING AND EDUCATION SERVICES: Bank of Training and Education Hours: Included is a bank of six (6) hours of Training and Education. Training and Education services may be on-site, or for web-based seminars up to 50 participants. For webinars with more than 50 participants, an additional charge of $25.00 applies for each additional 25 participants up to a maximum of 200 participants. Additional Training and Education sessions are $250.00 per hour for the total amount of time that the educator is on-site, plus travel and preparation expenses reimbursed at a flat rate of $150.00 per hour. If training is not scheduled consecutively, or multiple topics are scheduled, additional travel and preparation costs may apply, or additional hours may be deducted from the bank. These capitated hours will be used for the total amount of time that the educator is on-site. Sessions less than one (1) hour in duration will count as one (1) hour of Training and Education. If Group requests a specific educator, or an educator with specific qualities, including but not limited to specialized certifications, experiences or language, Group will be billed any additional incurred fees beyond those listed above, or have hours deducted from bank. In addition, if Group cannot accommodate the schedule/availability of a local Plan contracted educator, requiring that the services of an educator 50 miles away or greater from the Group location is necessary, then Group will be billed any additional incurred fees beyond those listed above, or have hours deducted from bank. Cancellation: Group agrees to provide Plan with at least six (6) business days advance notice of cancellation of a previously scheduled Training and Education Service. Failure to provide Plan with at least six (6) business days advance notice of cancellation of previously scheduled services which are included in the Bank of Training and Education Hours will result in the deduction of a number of hours from the Bank equal to the number of hours cancelled. When 2022/12/06 City Council Post Agenda Page 535 of 1285 EAP Services Agreement 18 the bank of hours has been exhausted, fee-for-service cancellation fee of $375.00 per cancelled hour of service applies. DRUG-FREE WORKPLACE SERVICES: DEPARTMENT OF TRANSPORTATION (DOT) TRAINING TO MEET DRUG-FREE WORKPLACE REGULATIONS REGARDING DRUG AND ALCOHOL AWARENESS: SUPERVISOR TRAINING: Alcohol and Drug-Free Workplace Training to meet Drug-Free Workplace regulations regarding drug and alcohol use. Fee-For-Service: $800.00 per two-hour DOT Supervisor Training. Additional fees may be added on to the base rate for DOT training. These fees will be assessed on a case-by-case basis and are dependent upon travel expenses and for classes that exceed 50 participants. EMPLOYEE TRAINING: Alcohol and Drug-Free Workplace Awareness (Note: this training does not meet Drug-Free Workplace regulations regarding drug and alcohol use.) Fee-For-Service: $400.00 per one-hour DOT Employee Training. Additional fees may be added on to the base rate for DOT training. These fees will be assessed on a case-by-case basis and are dependent upon travel expenses and for classes that exceed 50 participants. SUBSTANCE ABUSE CASE MANAGEMENT: Case Management of Substance Abuse Professional (SAP)/DOT cases included at no cost to Group. MENTAL HEALTH FIRST AID: Fee-For-Service: $9,200.00 per eight-hour course. $5,700.00 per four-hour course. $1,500.00 per one-hour webinar. Above fees include instructor fees, travel, and customization. Cancellation: Group agrees to provide Plan with at least thirty (30) days advance notice of cancellation of a scheduled Mental Health First Aid course. If Group cancels for any reason within 30 days from the scheduled training date, Group will be responsible for cancellation fees as follows: 50% of the total fee if cancelled within 15-30 days prior to the scheduled date of training. 100% of the total fee if cancelled within 0-14 days prior to the scheduled date of training. 2022/12/06 City Council Post Agenda Page 536 of 1285 EAP Services Agreement 19 EXHIBIT B Periodic Fees $2.25 Per Employee Per Month. This rate includes the following services, more fully documented in Exhibit A and the Agreement: Service Rate Eight-session Employee Assistance Program and Telephonic WorkLife services $ 2.25 per employee per month Additional services not specifically covered by this contract will be billed at then current rates. 2022/12/06 City Council Post Agenda Page 537 of 1285 i Evidence of Coverage EMPLOYEE ASSISTANCE PROGRAM COMBINED EVIDENCE OF COVERAGE AND DISCLOSURE FORM TABLE OF CONTENTS I. DEFINITIONS .............................................................................................................................................. 2 II. HOW TO OBTAIN BENEFITS................................................................................................................... 3 III. EMERGENCY SERVICES .......................................................................................................................... 3 IV. CRISIS INTERVENTION ........................................................................................................................... 4 V. PREPAYMENT OF FEES ........................................................................................................................... 4 VI. CHOICE OF EAP PROVIDERS ................................................................................................................. 4 VII. FACILITIES .................................................................................................................................................. 4 VIII. LIABILITY OF PLAN / MEMBERS .......................................................................................................... 5 A. LIABILITY OF PLAN ................................................................................................................................... 5 B. LIABILITY OF MEMBERS ........................................................................................................................... 5 C. MEMBER LIABILITY TO NON-EAPPROVIDERS ......................................................................................... 5 IX. PROVIDER COMPENSATION .................................................................................................................. 5 X. SECOND OPINION POLICY ..................................................................................................................... 5 XI. ELIGIBILITY/ENROLLMENT/EFFECTIVE DATE OF COVERAGE ............................................... 6 XII. TERMINATION OF BENEFITS ................................................................................................................ 6 A. CANCELLATION OF GROUP CONTRACT FOR NONPAYMENT OF PREMIUMS ................................................ 6 B. REINSTATEMENT OF THE CONTRACT AFTER CANCELLATION .................................................................... 6 C. MEMBER TERMINATION FOR NON-ELIGIBILITY ........................................................................................ 7 D. TERMINATION FOR GOOD CAUSE .............................................................................................................. 7 XIII. CONTINUITY OF CARE ............................................................................................................................ 8 A. NEW MEMBERS ......................................................................................................................................... 8 1) Eligibility .......................................................................................................................................... 8 2) Access ................................................................................................................................................ 8 B. TERMINATED EAPPROVIDERS ................................................................................................................. 9 2022/12/06 City Council Post Agenda Page 538 of 1285 ii Evidence of Coverage XIV. CONTINUATION OF GROUP COVERAGE ........................................................................................... 9 A. COBRACONTINUATION OF COVERAGE ................................................................................................... 9 B. CAL-COBRACONTINUATION OF COVERAGE ......................................................................................... 10 1) Eligibility for Cal-COBRA Continuation Coverage ........................................................................ 10 2) Notification of Qualifying Events .................................................................................................... 10 3) Cal-COBRA Enrollment and Premium Information ....................................................................... 11 4) Termination of Cal-COBRA Continuation Coverage ..................................................................... 11 XV. COMPLAINT AND GRIEVANCE PROCEDURE ................................................................................. 12 XVI. MISCELLANEOUS .................................................................................................................................... 14 A. CONFIDENTIALITY POLICY ...................................................................................................................... 14 B. MEMBER CONSENT ................................................................................................................................. 14 C. PLAN’S POLICIES..................................................................................................................................... 14 D. PLAN’S PUBLIC POLICY COMMITTEE ...................................................................................................... 14 E. TERM AND RENEWAL PROVISIONS .......................................................................................................... 14 F. IMPORTANT INFORMATION ABOUT ORGAN AND TISSUE DONATIONS ..................................................... 15 SCHEDULE OF BENEFITS, LIMITATIONS, AND EXCLUSIONS ................................................................. 16 A. BENEFITS ................................................................................................................................................ 16 B. LIMITATIONS ........................................................................................................................................... 16 C. EXCLUSIONS ........................................................................................................................................... 16 COMPARISON OF BENEFITS .............................................................................................................................. 18 2022/12/06 City Council Post Agenda Page 539 of 1285 1 Evidence of Coverage HEALTH AND HUMAN RESOURCE CENTER (dba AETNA RESOURCES FOR LIVING) 10260 Meanley Drive San Diego, CA 92131 1-800-342-8111 EMPLOYEE ASSISTANCE PROGRAM COMBINED EVIDENCE OF COVERAGE AND DISCLOSURE FORM The Employee Assistance Program (EAP) is being offered by your employer to provide you with confidential assistance from licensed mental health professionals. These professionals can help with problems affecting your life at work as well as at home. Such problems include marital issues, family relationships, depression and anxiety, alcohol and drug issues, and/or problems within the workplace. The EAP counselors will conduct a thorough assessment of your problem and together with you will decide on an action plan that will either resolve the issue within the EAP sessions or will refer you to appropriate providers and/or community resources that have been reviewed by the EAP. Your involvement with the EAP counselor will be at no cost to you. This Combined Evidence of Coverage and Disclosure Form constitutes only a summary of the health plan. The EAP Services Agreement must be consulted to determine the exact terms and conditions of coverage. A copy of the agreement will be furnished on request and is available from your employer. This Combined Evidence of Coverage and Disclosure Form discloses the terms and conditions of coverage. It also provides you with important information on how to obtain Benefits and the circumstances under which Benefits will be provided to you. PLEASE READ IT CAREFULLY.Individuals with special health care needs should read carefully those sections that apply to them. Keep this publication in a safe place where you can easily refer to it when you are in need of Benefits. Contact Plan at 1-800-342-8111 to receive additional information about Benefits. Enclosed as Exhibit B is Plan’s matrix of covered services. EAP Plans - IMPORTANT: Can you read this document? If not, we can have somebody help you read it. You may also be able to get this document written in your language. For free help, please call right away at 1-877-287-0117. Planes EAP - IMPORTANTE:¿Puede leer esta documento? En caso de no poder leerla, le brindamos nuestra ayuda. También puede obtener esta documento escrita en su idioma. Para obtener ayuda gratuita, por favor llame de inmediato al 1-877-287-0117. 2022/12/06 City Council Post Agenda Page 540 of 1285 2 Evidence of Coverage I. DEFINITIONS The following terms have the following meanings for purposes of this Combined Evidence of Coverage and Disclosure Form. A. "Act" means the Knox-Keene Health Care Service Plan Act of 1975, as amended (California Health and Safety Code, Sections 1340 et seq.). B. "Benefits" means the services to which Members are entitled under an EAP Services Agreement, and which are described in Exhibit A to this Combined Evidence of Coverage and Disclosure Form. C. "EAP Provider" means the licensed assessment and short-term counseling mental health professionals employed by, or under contract with, Plan to provide Benefits to Members. D. "EAP Services Agreement" means the Employee Assistance Program (EAP) Services Agreement between Plan and Group, which establishes the terms and conditions governing the provision of Benefits to Members by Plan. E. “Exclusion” means any provision of an EAP Services Agreement whereby coverage for Benefits is entirely eliminated, and which is set forth in Exhibit A to this Combined Evidence of Coverage and Disclosure Form. F. "Plan" means Health and Human Resource Center, Inc., doing business as Aetna Resources For Living. G. "Group" means the company that has entered into an EAP Services Agreement with Plan for Plan to provide Benefits to Members. H. "Limitation" means any provision of an EAP Services Agreement, other than an Exclusion, which restricts Benefits, and which is set forth in Exhibit A to this Combined Evidence of Coverage and Disclosure Form. I. “Enrollee” means any eligible employee of Group who (1) resides in California and (2) may be covered under the Act. J. "Member" means an Enrollee covered by Group, as defined above, the Enrollee’s children under the age of 26, persons covered under the Enrollee’s health benefit plan, and persons residing with the Enrollee, including domestic partners of the same or opposite sex. K. “Emergency Services” means medically necessary transport using the 911 system or medical screening, examination and evaluation by a physician to determine if an emergency medical condition or psychiatric emergency medical condition exists. 2022/12/06 City Council Post Agenda Page 541 of 1285 3 Evidence of Coverage L. “Crisis Intervention” means assessment and problem solving in situations which you feel require immediate attention. Crisis intervention is available 24 hours per day, 7 days a week by telephone, and face to face by appointment. To access, call 1-800-342-8111. M. “Emergency Medical Condition” means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected by the Member to result in any of the following: Placing the Member’s health in serious jeopardy; Serious impairment to bodily functions; or Serious dysfunction of any bodily organ or part. II. HOW TO OBTAIN BENEFITS Unless otherwise provided herein, you are entitled to Benefits from an EAP Provider. You must obtain Benefits by calling 1-800-342-8111. Upon contact, Plan will determine your eligibility for Benefits and arrange for Benefits. All Benefits must be provided by Plan or by an EAP Provider referred to by Plan. Local and toll-free telephone numbers are available to access Benefits. Appointments with EAP Providers are readily available and, depending on your desire for a particular time and location, most appointments are offered within forty-eight (48) hours of contact. Plan does not directly provide specialty services beyond assessment, brief counseling and/or referral. Plan’s role in the referral process is to function as an advocate for you to obtain necessary and appropriate levels of care; usually under your group health plan. Your EAP Provider will assist you in securing potential referral resources. During or after business hours, any Member may access a licensed mental health professional for a telephone assessment. The telephone assessor may provide crisis intervention over the telephone, arrange a same-day appointment with an EAP Provider in your area, or assist you in obtaining more intensive, acute care services. III. EMERGENCY SERVICES Emergency services are medically necessary ambulance and ambulance transport services provided through the 911 emergency response system and medical screening, examination, and evaluation by a physician, or other personnel, to the extent provided by law, to determine if an Emergency Medical Condition or psychiatric emergency medical condition exists; and, if it does, the care, treatment, and/or surgery by a physician necessary to relieve or eliminate the Emergency Medical Condition or psychiatric emergency medical condition within the capabilities of the facility. 2022/12/06 City Council Post Agenda Page 542 of 1285 4 Evidence of Coverage What To Do When You Require Emergency Services If you believe that you need Emergency Services, you should call 911 or go to the nearest emergency medical facility for treatment. Plan does not cover emergency medical services. It is appropriate for you to use the 911 emergency response system, or alternative emergency system in your area, for assistance in an emergency situation described above when ambulance transport services are required and you reasonably believe that your condition is immediate and serious and requires emergency ambulance transport services to transport you to an appropriate facility. IV. CRISIS INTERVENTION If you need crisis intervention or problem solving, call Plan at 1-800-342-8111. Plan provides crisis intervention both during and after business hours at this number. A member who is currently outside Plan’s service area and requires this service can call 1-800-342- 8111. Members can obtain care if they are temporarily outside of Plan’s service area. Members can also be scheduled for an appointment on an urgent basis following assessment by a licensed clinician over the telephone. V. PREPAYMENT OF FEES The Member does not pay co-payments, deductibles, or fees for Plan. All fees are paid by Group. VI. CHOICE OF EAP PROVIDERS PLEASE READ THE FOLLOWING INFORMATION SO YOU WILL KNOW FROM WHOM OR WHAT GROUP OF PROVIDERS BENEFITS MAY BE OBTAINED: You will be referred to an EAP Provider in accordance with your clinical, appointment time, and location needs. You should call Plan at 1-800-342-8111 to determine the names and locations of EAP Providers. EAP contracted providers include licensed psychologists, licensed clinical social workers, and licensed marriage and family therapists. Psychiatrists are not provided through the EAP. Members are given names of contracted providers in their area with knowledge in the problem area that is indicated. You may also request a list of providers, and this will be provided for the geographic area, customized by specialty, if you prefer. VII. FACILITIES The location of Providers is obtained by calling Plan at 1-800-342-8111. If you prefer, a customized list of providers will be provided upon request. This is arranged by zip code in the area specialty that you request. 2022/12/06 City Council Post Agenda Page 543 of 1285 5 Evidence of Coverage VIII. LIABILITY OF PLAN / MEMBERS A. Liability of Plan In the event Plan fails to pay EAP Providers for Benefits provided to you, you shall not be liable to EAP Providers for any sums owed by Plan. B. Liability of Members It is not contemplated that Members would make payment to Plan providers for benefits. If this has occurred, the Member may contact Plan at 1-800-342-8111 to be reimbursed. There is no restriction on assignment of sums payable to the Member by the health plan. C. Member Liability to Non-EAP Providers You may be liable to non-EAP Providers for the cost of services rendered when such services are not authorized or referred by Plan. IX. PROVIDER COMPENSATION Members may request information about Plan’s EAP Provider reimbursement policies and procedures by contacting Plan’s Manager, Provider Relations, at 1-800-342-8111 or the Member's EAP Provider. X. SECOND OPINION POLICY You may request a second opinion regarding both treatment recommended by the treating EAP Provider and treatment desired by you. Plan will authorize second opinions where the second opinion is consistent with professionally recognized standards of practice. The second opinion request will not result in a change in what is and is not a Benefit as described in the EAP Services Agreement and this Combined Evidence of Coverage and Disclosure Form. Plan may deny coverage for second opinion requests for services not listed as Benefits in the EAP Services Agreement and this Combined Evidence of Coverage and Disclosure Form. If Plan denies such a request, you will bear the financial responsibility for any self- directed second opinion. There will be no cost to you if the second opinion is received from an EAP Provider under contract with Plan. If you request a second opinion from a provider not under contract with Plan, you must provide an explanation as to why an EAP Provider cannot render such an opinion. Plan’s Medical Director shall review the request to determine whether there is an EAP Provider qualified to render a second opinion. Requests for second opinions may be made by contacting the Director, Clinical Quality Improvement at (1-800-342-8111) or in writing to 10260 Meanley Drive, San Diego, CA 92131. All requests for second opinions shall be processed and approved or denied by Plan within five (5) business days of receipt. Requests related to urgent care or crisis intervention shall be processed and approved or denied within forty-eight (48) hours of receipt. 2022/12/06 City Council Post Agenda Page 544 of 1285 6 Evidence of Coverage XI. ELIGIBILITY/ENROLLMENT/EFFECTIVE DATE OF COVERAGE All Enrollees identified by Group prior to the effective date of the EAP Services Agreement and all persons covered under the identified Enrollee’s health benefit plan or residing with the identified Enrollee shall be entitled to Benefits as of such effective date. Group shall be responsible for notifying Plan of any Enrollee who becomes newly eligible after the effective date of the EAP Services Agreement. Plan shall rely upon the determination by Group as to which Enrollees are eligible for Benefits under the EAP Services Agreement. Any disputes or inquiries regarding eligibility, including rights regarding renewal, reinstatement and the like, shall be referred by Plan to Group, which shall then advise Plan of its determination with respect to the matter. XII. TERMINATION OF BENEFITS Usually, your enrollment in the plan terminates when Group or Enrollee is no longer eligible for coverage under the employer’s EAP plan. In most instances, Group determines the date in which coverage will terminate. Coverage can be terminated, however, because of other circumstances as well, which are described below. A. Cancellation of Group Contract for Nonpayment of Premiums Continuing coverage under this EAP Plan is subject to the terms and conditions of Group’s EAP Services Agreement with Plan. If the EAP Services Agreement is cancelled because Group failed to pay the required premiums when due, then coverage for you and all your dependents will end 15 days after Group mails you the Notice Confirming Termination of Coverage. Plan will mail your Group a notice at least 30 days before any cancellation of coverage. This Prospective Notice of Cancellation will provide information to your Group regarding the consequences of your Group’s failure to pay the premiums due within 15 days of the date the notice was mailed. If payment is not received from Group within 15 days of the date the Prospective Notice of Cancellation is mailed, Plan will mail Group a Notice Confirming Termination of Coverage, which Group will then forward to you. This notice will provide you with the following information: 1) That Group’s EAP Services Agreement has been cancelled for non-payment of premiums; 2) The specific date and time when Group coverage ends, which will be no sooner than 15 days after the Notice Confirming Termination of Coverage is mailed to you. B. Reinstatement of the Contract after Cancellation If Group’s EAP Services Agreement is cancelled for Group’s nonpayment of premiums, then Plan will permit reinstatement of Group’s Agreement if Group pays the amounts 2022/12/06 City Council Post Agenda Page 545 of 1285 7 Evidence of Coverage owed within 15 days of the date of the Notice Confirming Termination is mailed to Group. C. Member Termination for Non-Eligibility In addition to terminating the EAP Services Agreement, Plan may terminate a Member’s coverage for any of the following reasons: Member no longer meets eligibility requirements established by Group and/or Plan; Member lives or works outside Plan’s service area and does not work inside Plan’s service area (except for a child who is covered as a dependent). Ending Coverage – Special Circumstances for Enrolled Family Members. Enrolled Family Members terminate on the same date of termination as Group. If there is a divorce, the spouse loses eligibility at the end of the month in which a final judgment or decree of dissolution of marriage is entered. Dependent children lose their eligibility when they reach the limiting age of 26 and do not qualify for extended coverage as a disabled dependent. D. Termination for Good Cause Plan has the right to terminate your coverage under this EAP Plan in the following situation: Fraud or Misrepresentation. Your coverage may be terminated if you knowingly provide false information (or misrepresent a meaningful fact) on your enrollment form or fraudulently or deceptively use services or facilities of Plan and/or Plan’s participating Providers (or knowingly allow another person to do the same). Termination is effective immediately on the date Plan mails the Notice of Termination, unless Plan has specified a later date in that notice. If coverage is terminated for the above reason, you forfeit all rights to enroll in the COBRA Plan. Under no circumstances will a Member be terminated due to health status or the need for EAP Services. Any Member who believes his or her enrollment has been terminated due to the Member’s health status or requirements for EAP Services may request a review of the termination by the California Department of Managed Health Care. For more information, contact our Customer Service Department. NOTE: If the EAP Services Agreement is terminated by Plan, reinstatement with Plan is subject to all terms and conditions of the EAP Services Agreement between Plan and the employer. 2022/12/06 City Council Post Agenda Page 546 of 1285 8 Evidence of Coverage XIII. CONTINUITY OF CARE A. New Members 1) Eligibility Any newly covered Member with an acute, serious, chronic, or other mental health condition who has been receiving services from a licensed mental health provider who is not on Plan’s panel is eligible for continuation of care. This does not include the services of psychiatrists, as the EAP benefit does not include psychiatric care. If you are newly covered under the EAP, you will be offered the option of continued care with your non-plan provider through the EAP. The Manager of Provider Relations or the Director of Clinical Services will review all requests for continued care with a non-plan provider. Consideration will be given to the potential clinical effect that a change of provider would have on your treatment for the condition. Notification of the referral acceptance is by telephone and a referral confirmation to the provider. If the provider declines to provide services, you will be notified in writing. 2) Access You may access the services of the provider by calling Plan and indicating to the intake person that you have an ongoing client-patient relationship with the Provider. You then should ask the Provider to call and provide information to Provider Relations to be added to the panel for you. The non-plan provider must agree to continue until one of the following occurs: a. The episode of care is completed. b. Your benefit is exhausted, in which case you will be transitioned to other ongoing care. c. A reasonable transition period is determined on a case-by-case basis, during which time you would continue to see the non-plan provider. The decision as to how long this time will be takes into consideration the severity of your condition and the amount of time reasonably necessary to effect a safe transfer. This will be determined on a case-by-case basis with input from you and the therapist as to when it is safe to transition you to another provider, or into the full service health plan. The Medical Director will be consulted on these decisions. The following conditions must be met to receive continuing care services from a licensed mental health provider who is not on Plan’s panel: a. Plan must authorize the continuing care. b. Requested treatment must be a covered benefit under Group’s EAP Services Agreement with Plan. c. The non-plan provider must agree in writing to the same contractual terms as a plan provider, which includes payment rates. 2022/12/06 City Council Post Agenda Page 547 of 1285 9 Evidence of Coverage d. Member must be new to Plan. B. Terminated EAP Providers Should Plan terminate an EAP Provider for reasons other than a disciplinary cause, fraud, or other criminal activity, you may be able to continue receiving Benefits from the terminated provider following the termination, if the provider agrees in writing to continue to provide Benefits under the terms and conditions of his/her agreement with Plan. To inquire about continued care, you should contact the Member Services Department. XIV. CONTINUATION OF GROUP COVERAGE A. COBRA Continuation of Coverage If Group is subject to the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, as amended, you may be entitled to continuation of Group coverage under that act (COBRA Coverage). You may qualify for COBRA Coverage if you lose Group coverage due to the occurrence of certain qualifying events. Such events include, but are not limited to: Termination or separation from employment for reasons other than gross misconduct. Reduction of work hours. Death of the Participant. Termination of eligibility of a spouse due to divorce or legal separation. Termination of eligibility of a dependent child. Covered dependent if Member becomes eligible for Medicare COBRA Coverage extends up to thirty-six (36) months, depending upon your qualifying event. COBRA Coverage may be terminated on the occurrence of certain events, including you becoming eligible for coverage under Medicare. In addition, COBRA Coverage is not available to certain Members, including those Members who have certain other coverage at the time of the qualifying event. You may obtain complete information on COBRA qualifying events, COBRA Coverage termination circumstances, and ineligibility for COBRA Coverage from Group. Group is responsible for providing you with notice of your right to receive COBRA Coverage. You must provide Group, or Group’s COBRA administrator, with a written request for COBRA Coverage within sixty (60) days of eligibility for such coverage or receipt of notice of the qualifying event. Qualified Members must make payment of Periodic Fees within forty-five (45) days of such written request. Members whose continuation of coverage under COBRA will expire may be eligible for continuation of coverage under Cal-COBRA. 2022/12/06 City Council Post Agenda Page 548 of 1285 10 Evidence of Coverage B. Cal-COBRA Continuation of Coverage 1) Eligibility for Cal-COBRA Continuation Coverage If Group is subject to the California Continuing Benefits Replacement Act (Cal- COBRA), Members may be entitled to continuation of Group coverage under that act (Cal-COBRA Coverage). Group is subject to Cal-COBRA continuation coverage if it: a) employs 2 – 19 employees on at least 50% of its working days during the preceding calendar year; or if the employer was not in business during any part of the previous year and employed 2 – 19 eligible employees on at least 50% of its working days during the previous calendar quarter; b) is not subject to the federal Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (COBRA). If your employer is subject to Cal-COBRA, you and your dependents may qualify for Cal-COBRA if you would lose coverage due to one of the following Qualifying Events: Termination of employment or reduction in work hours for reasons other than gross misconduct. Death of Enrollee. Termination of eligibility of a spouse due to divorce or legal separation. Termination of eligibility of a dependent child. Covered dependent if Member is entitled to Medicare. Member whose COBRA coverage will expire. Cal-COBRA Coverage extends for up to thirty-six (36) months from the Qualifying Event unless earlier terminated by the occurrence of certain events. Group is responsible for providing you with notice of your right to receive Cal- COBRA Coverage. You must provide Group, or Group’s COBRA administrator, with a written request for Cal-COBRA Coverage within sixty (60) days of eligibility for such coverage or receipt of notice of the Qualifying Event. Qualified Members must make payment of Periodic Fees within forty-five (45) days of such written request. 2) Notification of Qualifying Events It is the responsibility of the Member to notify Group of the occurrence of any of the Qualifying Events noted below within sixty (60) days: Subscriber’s death. Spouse ceases to be eligible due to divorce or legal separation. Loss of dependent status by a Dependent enrolled in the group benefit plan. With respect to a covered Dependent only, the Subscriber’s entitlement to Medicare. 2022/12/06 City Council Post Agenda Page 549 of 1285 11 Evidence of Coverage Group must notify Plan within thirty (30) days of a termination of employment or reduction in work hours, which would result in ending coverage under the Member’s group benefit plan. Failure to notify Plan within sixty (60) days of the occurrence of a Qualifying Event will disqualify the Member from receiving continuation coverage. Notifications of a Qualifying Event are generally made to Group, or Group’s COBRA administrator. 3) Cal-COBRA Enrollment and Premium Information Within fourteen (14) days of receiving notification of a Qualifying Event, Group, or Group’s COBRA administrator, will send enrollment and premium information, including a Cal-COBRA Election Form. You must return the completed Cal-COBRA Election Form within the required time period. The Cal-COBRA Election Form must be received within sixty (60) days of the latest of these occurrences: The date coverage under the plan was terminated or will terminate due to a Qualifying Event; or The date you were sent the Cal-COBRA enrollment and premium information. Your Cal-COBRA premium payment must be received within forty-five 45 days of the date that your Cal-COBRA Election Form was received. Failure to send the correct premium amount within forty-five (45) days will disqualify you from continuation coverage under Cal-COBRA. The first premium payment equals the amount of all premiums due from the first month following the Qualifying Event through the current month. After the initial payment, Cal-COBRA premiums are due on the first day of each month. The Cal-COBRA premium is generally 110% of the premium charged to Group for employees. Your enrollment in Cal-COBRA will not occur until both your Cal-COBRA Election Form and your first Cal COBRA premium payment have been received. 4) Termination of Cal-COBRA Continuation Coverage Usually, a Member’s Cal-COBRA continuation coverage will last up to thirty-six (36) months. The continuation coverage shall end automatically if the individual becomes eligible for Medicare or becomes covered under any group health plan not maintained by the employer or any other health plan, regardless of whether that coverage is less valuable. Member’s Cal-COBRA continuation coverage may terminate early if: Member moves out of Plan’s service area; Member does not pay the required premium within fifteen (15) days of it being due; Member commits fraud or deception in using Plan’s services; Member obtains other group coverage. If the group benefit plan is terminated prior to the date that a Member’s Cal-COBRA continuation coverage would expire, Member’s coverage with Plan will expire. Member has the opportunity to continue coverage under any group benefit plan purchased by Group. If Group purchases a new plan, that plan will send Member premium information and enrollment forms. Member may continue coverage for the remainder of the Cal-COBRA continuation period. It is important for Member to 2022/12/06 City Council Post Agenda Page 550 of 1285 12 Evidence of Coverage keep Plan and Group updated if there are any changes of address. Cal-COBRA continuation coverage will terminate if Member fails to enroll and pay premiums to the new group benefit plan within thirty (30) days after receiving notification of the termination of Plan’s group benefit plan. If Group changes its EAP benefit to another plan, Member’s coverage with Plan will expire, and Member will be given the opportunity to continue coverage with the new plan. The new plan is required to provide coverage for the balance of the Cal- COBRA continuation coverage period. XV. COMPLAINT AND GRIEVANCE PROCEDURE A grievance is a written or oral expression of dissatisfaction regarding Plan and/or an EAP Provider, including quality of care concerns, and includes a complaint, dispute, request for reconsideration, or appeal made by you or your representative. A complaint is the same as a grievance. You are entitled to present complaints and grievances within one year of the occurrence. Plan is obliged to seek to resolve such complaints and grievances in a timely fashion. Plan has established a procedure for processing and resolving your complaints and grievances. Should you desire to register a complaint or grievance with Plan concerning Benefits, you can either call Plan at the toll-free telephone number 1-800-342-8111, or access Plan’s website at www.resourcesforliving.com to either download the complaint form or to fill it out online. To request a copy of Plan’s complaint form, write directly to Plan at 10260 Meanley Drive, San Diego, CA 92131. The telephone call or letter should be addressed to the Director, Clinical Quality Improvement. Plan will acknowledge each complaint and grievance within five (5) days of receipt. The Director, Clinical Quality Improvement will receive and investigate all Member complaints and grievances. The Director, Clinical Quality Improvement will respond to you stating the disposition and the rationale within thirty (30) days of receipt of the grievance. If the grievance is not resolved to your satisfaction, a second level of review may be requested within ten (10) days of notification of such disposition. Any such request will be reviewed by the Medical Director and responded to within seventy-two (72) hours of receipt. Linguistic and cultural needs will be addressed by translation of grievance forms and procedures into languages other than English. Using TTY lines and varying the means by which an Enrollee may submit a grievance, including verbally to Plan’s staff (bi-lingual capability), on website (Spanish and English), verbally by provider (multi-language capability), or interpreter. This allows Enrollees to submit grievances in a linguistically appropriate manner. When an Enrollee is seen with the aid of an interpreter, the interpreter or counselor reading this statement will explain the information that is normally provided in a written format. If you have a complaint or grievance about the services you have received, or will receive in the future, you may notify your counselor (or interpreter), who will supply them with a 2022/12/06 City Council Post Agenda Page 551 of 1285 13 Evidence of Coverage grievance form and a description of the process. If you wish to submit the grievance through your counselor or interpreter, you may do so. Visually impaired clients may phone the Director of Quality Improvement directly at 1-800- 342-8111. The Director, Quality Improvement, will describe the grievance procedure and take the grievance information. In this case, the appropriate letters would be sent, and the client contacted by telephone so that the letter can be read. Hearing impaired clients may file a grievance using the telephone number 858-712-1080 to contact Plan. If the complaint or grievance involves a delay, modification, or denial of service related to a clinically emergent or urgent situation, the review will be expedited and a response provided in writing to you within three (3) days from receipt of the complaint or grievance. There is no requirement that you participate in Plan’s grievance process before requesting a review by the California Department of Managed Care (Department) in the case of an urgent or emergent grievance. The criteria for determining emergent situations are whether you are assessed to be at imminent risk to seriously harm yourself or another person, or are so impaired in judgment as to destroy property or be unable to care for your own basic needs. The criteria for determining urgent situations are whether you are assessed to be significantly distressed, and are in any medical danger due to the level of the problem, or are experiencing a reduced level of functioning due to more than a moderate impairment resulting in an inability to function in key family/work roles. You, or the agent acting on your behalf, may also request voluntary mediation with Plan prior to exercising the right to submit a grievance to the Department. The use of mediation services will not preclude your right to submit a grievance to the Department upon completion of the mediation. In order to initiate mediation, you, or the agent acting on your behalf, and Plan will voluntarily agree to mediation. Expenses for the mediation will be borne equally by the parties. The Department will have no administrative or enforcement responsibilities in connection with the voluntary mediation process. Mediations will take place in San Diego, California unless otherwise determined by the parties. Pursuant to Section 1365(b) of the Act, any Member who alleges his enrollment has been canceled or not renewed because of his health status or requirement for services may request review by the Department. The California Department of Managed Health Care is responsible for regulating health care service plans. If you have a grievance against your health plan, you should first telephone your health plan at (1-800-342-8111) and use your health plan’s grievance process before contacting the department. Utilizing this grievance procedure does not prohibit any potential legal rights or remedies that may be available to you. If you need help with a grievance involving an emergency, a grievance that has not been satisfactorily resolved by your plan, or a grievance that has remained unresolved for more than 30 days, you may call the department for assistance. You may also be eligible for an Independent Medical Review (IMR). If you are eligible for IMR, the IMR process will provide an impartial review of medical decisions made by a health plan related to the medical necessity of a proposed service or treatment, coverage decisions for treatments that are experimental or investigational in nature and 2022/12/06 City Council Post Agenda Page 552 of 1285 14 Evidence of Coverage payment disputes for emergency or urgent medical services. The department also has a toll- free telephone number (1-888-HMO-2219) and a TDD line (1-877-688-9891) for the hearing and speech impaired. The department’s Internet website http://www.hmohelp.ca.gov has complaint forms, IMR application forms and instructions online. Plan’s grievance process and the Department’s complaint review process are in addition to any other dispute resolution procedures that may be available to you, and your failure to use these processes does not preclude your use of any other remedy provided by law. XVI. MISCELLANEOUS A. Confidentiality Policy A STATEMENT DESCRIBING PLAN’S POLICIES AND PROCEDURES FOR PRESERVING THE CONFIDENTIALITY OF MEDICAL RECORDS IS AVAILABLE AND WILL BE FURNISHED TO A MEMBER UPON REQUEST. B. Member Consent Under the EAP Services Agreement, Group makes Benefits which are consistent with professionally recognized standards of practice, available to Members. The EAP Services Agreement is subject to amendment, modification or termination, in accordance with the provisions thereof, or by mutual agreement between Plan and Group, without the consent or concurrence of Members. By accepting Benefits hereunder, all Members legally capable of contracting, and the legal representatives of all Members incapable of contracting, agree to all terms, conditions and provisions of the EAP Services Agreement. C. Plan’s Policies Plan may adopt reasonable policies, procedures, rules and interpretations to promote orderly and efficient administration of the EAP Services Agreement. D. Plan’s Public Policy Committee Plan has established a Public Policy Committee that includes, among others, Members of Groups that have contracted with Plan for Benefits. This committee meets quarterly and Plan’s Board of Directors reviews the reports and recommendations of the committee. Any Member desiring more information about this committee should contact Plan at 1- 800-342-8111. E. Term and Renewal Provisions The initial term of the EAP Services Agreement is thirty-eight (38) months. Thereafter the agreement is automatically renewed for successive twelve (12) month periods, subject to the termination provisions contained therein. 2022/12/06 City Council Post Agenda Page 553 of 1285 15 Evidence of Coverage F. Important Information about Organ and Tissue Donations Organ and tissue transplants have helped thousands of people with a variety of problems. The need for donated organs, corneas, skin, bone and tissue continues to grow beyond the supply. Organ and tissue donation provides you with an opportunity to help others. Almost anyone can become a donor. There is no age limit. If you have questions or concerns you may wish to discuss them with your doctor, your family, or your clergy. Resources for Information: For information and donor card call 1-800-355-SHARE. Request donor information from the Department of Motor Vehicles. On the Internet, contact All About Transplantation and Donation (www.transweb.org). Department of Health and Human Services, contact http://www.organdonor.gov. Share your decision with family. If you decide to become a donor: Sign the donor card in the presence of family members. Have your family sign as witnesses and pledge to carry out your wishes. 2022/12/06 City Council Post Agenda Page 554 of 1285 16 Evidence of Coverage EXHIBIT A SCHEDULE OF BENEFITS, LIMITATIONS, AND EXCLUSIONS I Employee Assistance Program A. Benefits 1) Individual, couple, or family assessment and brief counseling for personal, marital, family, relationship, work-related, and alcohol or substance abuse problems. Brief counseling is provided when, in the judgment of the EAP provider, the issues meet community standards of practice for brief counseling within eight (8) private counseling sessions per separate incident. A “session” is defined as either an in- person or telephone consultation with the Member, of approximately one hour in duration. Sessions are used to identify or work on resolving the issues or conditions that the Member is experiencing. A new incident for the same Member would involve different issues or conditions. Benefits will be consistent with professionally recognized standards of practice. A separate incident involves a single underlying issue or condition, regardless of the number of same or different events involving the issue or condition. Plan shall make the clinical determination as to what constitutes a separate incident. 2) Referrals are offered to Members whose problem cannot be resolved within the scope of the eight (8) sessions per separate incident. The EAP Provider works with the Member to identify resources of an appropriate type and level of care beyond the benefit. 3) Referrals to other resources are offered to Members if the type of care is outside of the scope of practice of this benefit. 4) 24-hour crisis hotline, 7 days/week. 5) Referrals for legal consultation. 6) Referrals for financial counseling. 7) Identity theft consultation. B. Limitations 1) The Benefits provided to Members by Plan are limited in nature as described in sections 1-7 above. 2) Plan will make a good faith effort to provide or arrange for the provision of Benefits to Members, in the event of certain circumstances, such as major disaster, epidemic, riot or civil insurrection. C. Exclusions 1) Inpatient treatment of any kind, or outpatient treatment for any medically treated illness. 2022/12/06 City Council Post Agenda Page 555 of 1285 17 Evidence of Coverage 2) Psychiatrist services. 3) Prescription drugs. 4) Counseling services beyond the number of sessions covered by the benefit. 5) Services by counselors who are not Participating Providers. 6) Court ordered treatment or therapy, or any treatment or therapy ordered as a condition of parole, probation, custody, or visitation evaluations, or paid for by Workers’ Compensation. 7) Formal psychological evaluations which normally involve psychological testing and result in a written report. 8) Fitness for duty evaluations which are used to evaluate whether an employee is safely able to perform his or her duties. This typically includes psychological testing and a written report. 9) Investment advice (nor does Plan loan money or pay bills). 10) Legal representation in court, preparation of legal documents, or advice in the areas of taxes, patents, or immigration. II. Telephonic WorkLife Program Services A. Benefits Our exclusive, phone-based program designed to assist members with a full range of WorkLife issues. Members are connected with WorkLife specialists who can assist them with child and elder care issues, temporary care, special needs, disaster relief, personal and convenience services, and many other needs. B. Limited Liability Plan makes no warranties, expressed or implied, with respect to any information, service or product provided by a WorkLife referral or on-line assessment provided to Members (“Referees”) and all such warranties are expressly disclaimed by Plan and waived by Group. Referrals to “Referees” do not imply an endorsement, recommendation, or approval by Plan of the particular information, service, or product provided to the Referee. While Plan makes every effort to make appropriate referrals for Members, Plan does not guarantee the accuracy of the information, or the quality or appropriateness of the services or products provided to the Referee. The decision about any information, products, or services to a Referee must be made by the Members themselves or Group, as applicable. 2022/12/06 City Council Post Agenda Page 556 of 1285 18 Evidence of Coverage EXHIBIT B COMPARISON OF BENEFITS The Employee Assistance Program (EAP) is being offered by your employer to provide you with confidential assistance from licensed mental health professionals. These professionals can help with problems affecting your life at work as well as at home. Such problems include marital issues, family relationships, depression and anxiety, alcohol and drug issues, and/or problems within the workplace. THIS MATRIX IS INTENDED TO BE USED TO HELP YOU COMPARE COVERAGE BENEFITS AND IS A SUMMARY ONLY. THE COMBINED EVIDENCE OF COVERAGE AND DISCLOSURE FORM AND THE EAP SERVICES AGREEMENT SHOULD BE CONSULTED FOR A DETAILED DESCRIPTION OF BENEFITS, LIMITATIONS ANDEXCLUSIONS. A. Deductible Not applicable B. Lifetime Maximum Not applicable C. Professional Services The EAP provides: Psychosocial Assessment Treatment Referrals and Resources for Psychosocial Problems 24-hour Crisis Telephone Access Eight (8) Counseling Sessions Per Incident Legal Referrals Financial Counseling Referrals Identity Theft Consultation D. Outpatient Services Please see Item C: Professional Services E. Hospitalization Services None F. Emergency Health Coverage Please see Item C: Professional Services G. Ambulance Services None H. Prescription Drug Coverage None I. Durable Medical Services None J. Mental Health Services Please see Item C: Professional Services K Chemical Dependency Services Please see Item C: Professional Services L. Home Health Services None M. Other None Members pay no co-payment. Coverage is limited to: a) eligible employees; b) the eligible employee’s children under the age of 26; c) persons covered under the eligible employee’s health benefit plan; d) persons residing with the eligible employee, including domestic partners of the same or opposite sex. 2022/12/06 City Council Post Agenda Page 557 of 1285 MEMO Department of Engineering & Capital Projects File: DRN0219 DATE: November 2, 2022 TO: The Honorable Mayor and City Council VIA: Maria Kachadoorian, City Manager Kelly Broughton, Deputy City Manager FROM: William S. Valle, Director of Engineering & Capital Projects SUBJECT: Final Report of Expenditures for the Emergency Storm Drain Repairs at 855 Energy Way (DRN0219) This report will serve as the final report of expenditures and summary of work completed for the emergency City storm drain repair work at 855 Energy Way. Background On December 31, 2019, a sink hole was discovered at a recycled aggregate processing and storage facility operated by Pavement Recycling Systems Inc. at 855 Energy Way. Research revealed that the sinkhole was within a City of Chula Vista drainage easement and centered on an access riser on a 66 inch diameter Corrugated Metal Pipe (CMP) owned by the City of Chula Vista. As repair work on the sinkhole progressed, it was discovered that the pipe segment downstream of the sinkhole and under Energy Way was severely deteriorated and in immediate need of replacement. The repair to the sinkhole and replacement of the downstream pipe were done as emergency change orders to ongoing City CIP projects (CIP numbers DRN0211, and DRN0205 & DRN0212). The repair work to the sinkhole and replacement of the downstream pipe segment was completed in Mid-2021. Upon completion of the above referenced repair work, the condition the pipe upstream was investigated (Pipe segment from Manhole 9152 to Manhole 9143 as shown in Figure 1 Below). Initial attempts to video the pipe by City crews were unsuccessful because the condition of the pipe had deteriorated to the point where standard sewer video equipment could not access more than a few feet into the pipe. On September 13, 2021, Red Zone Robotics was hired to video the pipe using specialty equipment. The review of the video showed the pipe condition to be in urgent need of repair. The invert of the pipe was completely eroded away, and the underlying earth was exposed. The City Engineering & Capital Projects Department assessed the pipe and prepared a bid package based on the Centrifugally Cast Concrete Pipe (CCCP) repair method. The CCCP repair method was selected because of the unique project conditions. CCCP allows for making repairs without the expense and disruption of deep excavation (the pipe is up to 35 feet deep). When cured, the CCCP lining acts as a new fully structural stand-alone pipe that does not rely on 2022/12/06 City Council Post Agenda Page 558 of 1285 the old pipe for strength. Furthermore, the City has used this method successfully on recent projects. The scope of work consisted of the installation of two replacement storm drain manholes and rehabilitation of approximately 710 feet of 66-inch diameter CMP pipe. Figure 1 – Repaired Pipe Segment On December 3, 2021, staff solicited bids from three qualified contractors with experience performing this type of storm drain rehabilitation work in accordance with the provisions in the City’s Municipal Code Section 2.56.100, Emergency Purchases. Bids were received January 13, 2022. The bid results were: 1) National Plant Services, Inc.: $863,427.20 2) Sancon Technologies Inc.: $991,830.00 3) Spinello Infrastructure West, Inc.: $2,145,500.00 A notification memo was sent to the City Manager on March 4, 2022, regarding the emergency storm drain repairs at 855 Energy Way. The low bidder was found to be responsive and responsible. A construction contract was executed with National Plant Services, Inc. for $863,427.20 on April 12, 2022. Work began on April 27, 2022, and was completed on schedule, August 10, 2022. 2022/12/06 City Council Post Agenda Page 559 of 1285 FISCAL IMPACT: CIP project DRN0219, CMP Rehab Outside the Right of Way Phase III – Measure P, was established to repair storm drain failures outside the right of way. The final project expenses are summarized in the table below. DRN0219 Final Report of Expenditures A. Construction Contract (including base contract and change orders) $872,500.20 B. Materials Testing (RMA) $8,452.00 C. Specialty Pipe Video (Red Zone Robotics) $28,000.00 D. Staff Time (Construction Management, Inspection Engineering, design, survey) $ 101,247.42 E. Miscellaneous Expenses (software) $1,000.00 TOTAL $1,011,199.62 cc: Matt Little, Director of Public Works Nicola Kavanagh, Principal Civil Engineer Francisco Rivera, Principal Civil Engineer Jose Gomez, Principal Civil Engineer Beth Gentry, Senior Civil Engineer Jonathan Salsman, Senior Civil Engineer Robert Beamon, Administration Services Manager Attachments: March 4, 2022, Memo to City Manager titled “Emergency Storm Drain Repairs at 855 Energy Way” 2022/12/06 City Council Post Agenda Page 560 of 1285 File: CIP #DRN0219 DATE: March 4, 2022 TO: Maria Kachadoorian, City Manager VIA: Kelly Broughton , Deputy City Manager FROM: William Valle, Director of Engineering & Capital Projects/City Engineer Nicola Kavanagh, Principal Civil Engineer SUBJECT: Emergency Storm Drain Repairs at 855 Energy Way On December 31, 2019, a sink hole was discovered at a recycled aggregate processing and storage facility operated by Pavement Recycling Systems Inc. at 855 Energy Way. Research revealed that the sinkhole was within a City of Chula Vista drainage easement and centered on an access riser on a 66 inch diameter Corrugated Metal Pipe (CMP) owned by the City of Chula Vista. As repair work on the sinkhole progressed, it was discovered that the pipe segment downstream of the sinkhole and under Energy Way was severely deteriorated and in immediate need of replacement. The repair to the sinkhole and replacement of the downstream pipe were done as emergency change orders to ongoing City CIP projects (CIP numbers DRN0211, and DRN0205 & DRN0212). The repair work to the sinkhole and replacement of the downstream pipe segment were completed in Mid-2021. Upon completion of the above referenced repair work, the condition the pipe upstream was investigated (Pipe segment from Manhole 9152 to Manhole 9143 as shown in Figure 1 Below). Initial attempts to video the pipe by City crews were unsuccessful because the condition of the pipe had deteriorated to the point where standard sewer video equipment could not access more than a few feet into the pipe. On September 13, 2021, Red Zone Robotics was hired to video the pipe using specialty equipment. The review of the video showed the pipe condition to be in urgent need of repair. The invert of the pipe was completely eroded, and the underlying earth was exposed. The City Engineering Department assessed the pipe and prepared a bid package based on the Centrifugally Cast Concrete Pipe (CCCP) repair method. The CCCP method was selected for multiple reasons including:  CCCP allows for making repairs without the expense and disruption of deep excavation (the pipe is up to 35 feet deep).  When cured, the CCCP lining acts as a new fully structural stand-alone pipe that does not rely on the old pipe for strength.  The City has used this method successfully on recent projects. The scope of work consists of the installation of two replacement storm drain manholes and rehabilitation of approximately 710 feet of 66-inch diameter CMP pipe. 2022/12/06 City Council Post Agenda Page 561 of 1285 March 4, 2022 Page 2 of 3 DRN0219 Figure 1 - Pipe segment to be repaired On December 3, 2021, staff solicited bids from three qualified contractors with experience performing this type of storm drain rehabilitation work in accordance with the provisions in the City’s Municipal Code Section 2.56.100, Emergency Purchases. With your concurrence, staff will award the contract to the lowest responsible, responsive bidder. FISCAL IMPACT: CIP project DRN0219, CMP Rehab Outside the Right of Way Phase III – Measure P was established to repair storm drain failures outside the right of way. This project is expected to use approximately $1,130,000.00 from this project, as shown in the table below. PRELIMINARY ESTIMATE OF FUNDS REQUIRED FOR CONSTRUCTION A. Construction Contract $900,000.00 B. Engineering Construction Management and Inspection $60,000 C. Engineering Advanced Planning, Survey and Design $60,000 D. Public Works $10,000 E. Contingency $100,000 TOTAL PRELIMINARY ESTIMATE $1,130,000.00 2022/12/06 City Council Post Agenda Page 562 of 1285 March 4, 2022 Page 3 of 3 DRN0219 The estimate above may change based on the conditions encountered. Staff will return to the City Council with an agenda item to report the final emergency repair cost and to appropriate funds, as necessary. cc: Matt Little, Director of Public Works Francisco Rivera, Principal Civil Engineer Jose Gomez, Principal Civil Engineer Beth Gentry, Senior Civil Engineer Jonathan Salsman, Senior Civil Engineer Robert Beamon, Administration Services Manager 2022/12/06 City Council Post Agenda Page 563 of 1285 RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO COUNCIL POLICY NUMBER 111-02 ON PRESENTATIONS TO CITY COUNCIL WHEREAS, Council Policy 111-02 was first adopted in 1973 to establish a process for council presentations; and WHEREAS, in an effort to update City Council policies to reflect current practices, Council Policy 111-02 has been amended to define items under “Special Orders of the Day” and establish a process by which these items are added to City Council Meeting agendas; and WHEREAS, the amendments to Council Policy 111-02 assist the City Manager and City Clerk in City Council Meeting agenda planning and preparation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the amendment to Council Policy 111-02 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. Presented by Approved as to form by Maria V. Kachadoorian Glen R. Googins City Manager City Attorney 2022/12/06 City Council Post Agenda Page 564 of 1285 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PRESENTATIONS TO COUNCIL- Special Orders of the Day POLICY NUMBER EFFECTIVE DATE PAGE 111-02 12-XX-2022 1 OF 1 ADOPTED BY: Minute Action DATED: 10-09-73 AMENDED BY: Resolution No. 2022-XX BACKGROUND The City Council frequently receives noted the numerous presentations being made at City Council Meetings under “Special Orders of the Day.” It is current practice for the Mayor and City Manager to review and approve requests for placement of items under “Special Orders of the Day.” “Special Orders of the Day” are brief ceremonial items, such as the issuance of a proclamation to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. PURPOSE To establish a formal process for placement of items by City Council members under “Special Orders of the Day” that ensures efficient scheduling and distribution of items on City Council Meeting agendas.The Council concurred that many of these presentations should be made at a Council Conference. POLICY Any rRequests by City Council members for items to be placed under “Special Orders of the Day” at an upcoming City Council Meeting must be made in writing to the Mayor by no later than 5:00 p.m. on the day falling six days prior to the requested Council Meeting (e.g., the Wednesday preceding an upcoming Tuesday Council Meeting). Transmission of a request by email will satisfy this requirement. To be considered, requests should include a brief description of the item, the identity of any presenters, an estimate of the duration of any presentation and any timing requirements. Any such request will be subject to first be approved approval by the MayorCity Council. Approved items will be scheduled and added to the agenda in consultation with the City Manager and as soon as practical in light of the business demands of upcoming agendas and any identified timing requirements. In addition to the Mayor’s authority, the City Manager also may place items under “Special Orders of the Day” as deemed appropriate. 2022/12/06 City Council Post Agenda Page 565 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Fee Update: Amend City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule Report Number: 22-0318 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 resolutions amending the City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule. SUMMARY On December 7, 2021, City Council approved agreements with seven companies to provide vehicle tow and impound services for City-initiated tows. Per agreement provisions, the tow license fee and tow/storage rates are subject to review and revision each year. The Police Department is requesting Council approval to update these fees for calendar year 2023. 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 CEQ A. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/12/06 City Council Post Agenda Page 566 of 1285 P a g e | 2 DISCUSSION RESOLUTION A: CITY-INITIATED TOW LICENSE FEE UPDATE California Vehicle Code Section 12110 authorizes the City to assess a Tow License Fee (TLF) in connection with an award of a franchise to tow companies for City-initiated tows “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.” The TLF relates to staff recovery costs for requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The computation of the City’s TLF is detailed below: (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,440 0.53 $132.74 $101,307 Community Service Officer 1,151 0.53 $68.59 $41,842 Sr Parking Enforcement Officer 607 0.53 $73.11 $23,520 Police Dispatcher 3,198 0.08 $88.07 $22,532 TOTAL $189,201 1 2-year average of calendar years 2020 and 2021 is 3,198 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department The proposed Tow License Fee for 2023 is $189,201. This amount is $37,024 higher than the 2022 TLF of $152,177. The amount is higher because of increases in police-initiated tows, along with increased fully burdened hourly rates. The TLF is apportioned equally among the City’s seven (7) contracted providers for tow services and is billed in quarterly installments. The City re-calculates and revises the TLF every year using the same methodology. RESOLUTION B: CITY-INITIATED TOW AND STORAGE RATE UPDATE The chart below provides a complete schedule of all charges and fees that the City’s tow contractors are authorized to collect from consumers for City-initiated tow and impound services. Service 2022 Current Rates 2023 Proposed Rates Difference Basic Tow $235.00 $264.00 $29.00 Medium Tow $272.00 $299.00 $27.00 Heavy Tow $323.00 $346.00 $23.00 Mileage None None None Dolly Charge None None None 2022/12/06 City Council Post Agenda Page 567 of 1285 P a g e | 3 Service 2022 Current Rates 2023 Proposed Rates Difference Labor per hour (if exceeding one hour of service) $65.00 $65.00 $0.00 Basic Storage Rate (per 24-hour period) $62.00 $67.00 $5.00 Medium Storage Rate (per 24-hour period) $71.00 $74.00 $3.00 Heavy Storage Rate (per 24-hour period) $76.00 $82.00 $6.00 Evening Release (after 5:00pm & Holidays) $65.00 $65.00 $0.00 This rate schedule is identical to the California Highway Patrol Southern San Diego Region tow rates. The CHP manages one of the largest government entity-initiated tow program in the state, and its rates are viewed as representative and reliable benchmarks. As shown above, there are cost increases proposed to the City’s 2023 tow and storage rates. After consulting with the CHP representative who provided their most recent tow and storage rates, he commented that the increases were a result of higher fuel costs. If approved, the proposed TLF and tow and impound fees will be effective January 1, 2023. Each contracted tow company must post in plain view to the public the City-Initiated Tow and Storage Rates at their place of business. 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 Resolution A would result in an updated Tow License Fee of $189,201, which is equally apportioned to the City’s tow contractors, effective January 1, 2023. The estimated Tow License Fee is already included in the Police Department’s FY 2023 adopted budget, so no further appropriations are required at this time. Approval of Resolution B would result in updated fees paid by consumers to the tow contractors for City- initiated tow and impound services. There is no fiscal impact to the City for these fees. ONGOING FISCAL IMPACT The Tow License Fee will be re-calculated every year during the term of the tow contract. The Police Department will coordinate with the Finance Department to budget the appropriate Tow License Fee in each respective fiscal year. 2022/12/06 City Council Post Agenda Page 568 of 1285 P a g e | 4 ATTACHMENTS None. Staff Contact: Jonathan Alegre, Police Department 2022/12/06 City Council Post Agenda Page 569 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW LICENSE FEE WHEREAS, on December 7, 2021, City Council approved agreements with seven companies to provide tow and impound services for City-initiated tows; and WHEREAS, per agreement provisions, the Tow License Fee is subject to review and revision each year; and WHEREAS, the Police Department is requesting Council approval to update this fee for 2023; and WHEREAS, California Vehicle Code Section 12110 authorizes the City to assess a Tow License Fee to tow companies “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program”; and WHEREAS, the Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene; and WHEREAS, the computation of the City’s Tow License Fee is detailed below, and the annual amount effective January 1, 2023 will be apportioned equally among the City’s contracted tow service providers for payment to City; and (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,440 0.53 $132.74 $101,307 Community Service Officer 1,151 0.53 $68.59 $41,842 Sr Parking Enforcement Officer 607 0.53 $73.11 $23,520 Police Dispatcher 3,198 0.08 $88.07 $22,532 TOTAL $189,201 1 2-year average of calendar years 2020 and 2021 is 3,198 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 2022/12/06 City Council Post Agenda Page 570 of 1285 WHEREAS, the City intends to re-calculate and revise the City-initiated Tow License Fee every year using the same methodology. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the City-initiated Tow License Fee to $189,201, beginning January 1, 2023, to be apportioned equally among the City’s current contracted tow service providers. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Chief of Police City Attorney 2022/12/06 City Council Post Agenda Page 571 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW AND STORAGE RATE SCHEDULE WHEREAS, on December 7, 2021, City Council approved agreements with seven companies to provide tow and impound services for City-initiated tows; and WHEREAS, per agreement provisions, the City-Initiated Tow and Storage Schedule is subject to review and revision each year; and WHEREAS, the Police Department is requesting City Council approval to update this rate schedule for 2023; and WHEREAS, the Police Department recommends amending the City-initiated tow and storage rates, based on the most recent California Highway Patrol Southern San Diego Region tow rates; and WHEREAS, the chart below shows the proposed schedule of all charges and fees that the tow companies will be authorized to collect from consumers for tow and impound services rendered on behalf of the City; and Chula Vista City-Initiated Tow and Storage Rates (effective January 1, 2023) Service Rate Basic Tow $264.00 Medium Tow $299.00 Heavy Tow $346.00 Mileage None Dolly Charge None Labor Rate per hour (if exceeding one hour of service) $65.00 Basic Storage Rate (per 24-hour period) $67.00 Medium Storage Rate (per 24-hour period) $74.00 Heavy Storage Rate (per 24-hour period) $82.00 Evening Release (after 5:00 pm & Holidays) $65.00 2022/12/06 City Council Post Agenda Page 572 of 1285 WHEREAS, the tow and storage rate schedule for 2023 is identical to the Southern San Diego Region tow rates set by the California Highway Patrol (“CHP”), which manages one of the largest government entity-initiated tow program in the state, and its rates are viewed as representative and reliable benchmarks; and WHEREAS, the City intends to revise the City-initiated tow and storage rates every year, based on the CHP rates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the City-initiated tow and storage rate schedule to reflect the rates set forth above, effective January 1, 2023. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Chief of Police City Attorney 2022/12/06 City Council Post Agenda Page 573 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Project Amendment and Agreement: Amend the Capital Improvement Program Project for the SR-125 Interchange Improvements at Main Street and Otay Valley Road and Approve an Agreement with Caltrans to Initiate the Project Report/ Environmental Document Phase Report Number: 22-0313 Location: State Route 125 at (future) Main Street and (future) Otay Valley Road Department: Development Services & Engineering and Capital Projects 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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA. Recommended Action Adopt a resolution amending the project description for Capital Improvement Program Project for interchange improvements at SR-125 and (future) Main Street and (future) Otay Valley Road (STM0409) and approve a cooperative agreement with Caltrans to begin work on the environmental phase. SUMMARY Over the last two years, the City has been working with a developer, HomeFed Corporation, their consultant team, and Caltrans on the preliminary engineering for the work necessary to obtain geometric consensus with Caltrans on future interchanges along SR-125 at Main Steet-Hunte Parkway and at Otay Valley Road. These two interchanges are identified in the City's Eastern Transportation Development Impact Fee (“ETDIF”) Program as facilities 67 & 68. The project description includes a local street overcrossing at two future SR-125 interchanges. Preliminary engineering, design, and construction of the improvements will be phased and coordinated with Caltrans and San Diego Association of Governments (“SANDAG”). This action continues previous work on the Project Initiation Document phase and approves a Cooperative (“COOP”) Agreement between the City and Caltrans to begin work on the environmental phase of the project. The City will act as the Local Agency CEQA Lead for the Project Report/Environmental Document (PR/ED) phase prior to the preparation of the final plans & specifications for construction of the improvements. Caltrans is the 2022/12/06 City Council Post Agenda Page 574 of 1285 P a g e | 2 Responsible Agency for CEQA and the Lead Agency for the National Environmental Policy Act (NEPA). Reimbursement of eligible ETDIF expenses for the initial phase to the developer is also being recommended. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with CEQA and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Work has commenced on two planned ETDIF facilities across the SR-125 corridor between the Otay Ranch areas of Village 8 East and Village 9. The two local streets that will cross the SR-125 toll road corridor at Main Street-Hunte Parkway and at Otay Valley Road are needed to provide convenient access locally and regionally. The roadways and interchange improvements are shown in the 2005 Chula Vista General Plan (Attachment 1). Route 125 has been part of the regional freeway system since 1959 and in 1984, SANDAG added Route 125 to the 20-year Regional Transportation Plan (RTP), as part of the County’s future freeway system based on population and employment projections. The toll road, on State (Caltrans) property, opened to the public early morning on Monday November 19, 2007. SANDAG acquired the franchise out of bankruptcy on December 21, 2011. Developer Work on Initial Phase Per a Highway Improvement Agreement between the developer, HomeFed Corporation, and Caltrans, technical studies in this area have begun to determine the final geometric design and necessary improvements needed in this area located south of the existing Birch Road interchange and the Bob Pletcher Way undercrossing. Recently, the project team consisting of the developer, their consultant team (TYLIN), Caltrans, and the City have completed the first technical document needed in the Project Initiation Document phase, the “Project Study Report – Project Development Support” (PSR-PDS). This document (Attachment 2) is dated November 2, 2022 and provides an analysis of four design alternatives considered (Alternative A through D), plus one no-build alterative for this area (Alternative E). Three alternatives provide an interchange at Main Street while only two alternatives provide an interchange at Otay Valley Road. Alternatives A, B, and C provide interchanges at Main Street. While Alternative C removes the interchange at Otay Valley Road, it still provides for the local street overcrossing. Due to the shorter interchange spacing of less than 1-mile between the two proposed interchanges, Alternative B proposes for consideration a one- way roadway frontage road couplet configuration paralleling each side of the SR-125 corridor. The other two alternatives being considered (Alternative A & Alternative C) have the more typical loop ramp and direct ramp geometry with variations between each of them. Finally, Alternative D is called the “Minimum Build Alternative” since it provides no new SR-125 interchanges but does provide for the two local roadway 2022/12/06 City Council Post Agenda Page 575 of 1285 P a g e | 3 crossings across the SR-125 corridor. Since no new SR-125 access is provided with Alternative D, the closest interchange would be the existing interchange at Birch Road. Need for Environmental Document A growing use of the local street circulation system requires regional access for longer trips and the nearby interchange at Birch Road will not accommodate planned development traffic. Lack of sufficient access to convenient regional facility access points creates additional congestion on local streets includi ng longer out of direction travel to other parallel north/south freeways like Interstate-805 which in turn when congested, cascades to Interstate-5, the last north/south freeway corridor in the South Bay. Thus, vehicle miles travelled (“VMT”) are increased for all motorists impacted by the unbalanced freeway network. Therefore, in continuing work on this project, it is necessary to continue environmental work done in this area for the initial approvals of SR-125, Otay Ranch Village 8 East, and Otay Ranch Village 9 and evaluate the proposed interchanges in conformance with the General Plan. The proposed resolution would authorize the City to be the Local Agency CEQA Lead in the environmental document phase, continue to work with the developer, and approve a Cooperative Agreement with Caltrans. Since the project could also be funded with Federal funds, Caltrans will be the Lead Agency for NEPA compliance. Reimbursement to HomeFed Corporation with ETDIF Credits for the eligible work completed to date on the initial Project Study Report- Project Development Support document phase is also being recommended by staff. The Final Environmental Impact Report/Statement for SR-125 dated January 2000 contemplated three future interchanges and a freeway-to-freeway connector at SR-905 to be approved and built by others at some future point in time after the initial opening phase. Of those three planned interchanges mentioned, Birch Road has since been constructed while Main Street (formerly Rock Mountain Road and extension of Hunte Parkway) and Otay Valley Road were not constructed. It is the purpose of the environmental work to be done with this CIP, to be able to construct the last two planned interchanges in Chula Vista, consistent with the Chula Vista Circulation Element of the General Plan. Previous work in Otay Ranch showed that when the land use traffic analysis was evaluated with only two local access interchanges (Birch Road plus Main Street), it resulted in unacceptable traffic congestion in the area. Consequently, including the Birch Road access, these three local access interchanges have been part of the study area to accommodate regional trip service generated by the Otay Ranch. Construction Phasing of Ultimate Project When State Route 125 opened on November 19, 2007, the land south of Birch Road was undeveloped. Consequently, there was no need to construct the local street crossings and interchanges at Main Street and at Otay Valley Road. Due to continued development growth in southeastern Chula Vista, available roadway capacity is slowly being lost at Olympic Parkway near Interstate-805. As development continues along the southerly portion of Otay Ranch for Villages 4, 8 West, 8 East, 9, 10, and the University Innovation District, additional roadway capacity must be provided. Regional transportation facilities require a longer lead time than local transportation facilities. Since development is incremental, the studies will also allow for the determination of construction phasing of the each of the two local street overcrossings and interchanges to be established. One highly likely possibility is that only the northerly overcrossing and interchange at Main Street may be completed initially unless development has progressed to the point that the southerly overcrossing (Otay Valley Road) and interchange is imminently needed. Construction and financing phasing is still to be determined and the timeline for these improvements could be as listed below. 2022/12/06 City Council Post Agenda Page 576 of 1285 P a g e | 4 The tentative schedule for the overcrossing(s) and interchange(s) is as follows: • Project Initiation Document via Project Study Report September 2020 to November 2022. • Project Report/Environmental Document December 2022 through September 2023. • Design Phase and Construction Documents. September 2023 through July 2025. • Construction Phase Fall 2025 through December 2028. • Main Street Overcrossing and Interchange: Open to Public FY 2028/2029. • Otay Valley Road Overcrossing and Interchange: To Be Determined with studies. Developer Request for ETDIF Credits Pursuant to the Chula Vista Municipal Code (“CVMC”), HomeFed Corporation has submitted two letters to the City Manager dated June 29, 2022, and July 30, 2020, requesting that the City of Chula Vista be the lead on the Environmental Document Phase and authorization to begin work on two ETDIF facilities and receive Transportation Development Impact Fee credits for two interchanges at State Route 125 at the Main Street and at the Otay Valley Road Overcrossings (Attachment 3), respectively. Since the initial phase of work is completed, tonight’s action is to continue work on these two ETDIF facilities with City, not the developer nor Caltrans, being the lead for the environmental phase. Due to the need to expedite improvements and manage regional workload, Caltrans cannot accept this amount of work and be the lead agency for two interchanges and meet timeline expectations from the developer and the City of Chula Vista. The second option is to have the developer as the lead, but that creates additional expense to pay for the Caltrans review time as the developer works with Caltrans and the City through this phase of work because they are not a public agency. The estimated cost for the Caltrans review is in the range of $1 million to $2 million. The third and preferred option is to have the City as the lead agency and then City staff works with the developer, developer’s consultant team, and with Caltrans. Since the Caltrans process already exists for their review of local agency work through a Cooperative Agreement and their Local Development Intergovernmental Review (LD-IGR) Program, their work is at no expense to the City nor to the ETDIF. Thus, the existing Caltrans review process that City would use is not available to the developer and provides the most expeditious schedule for this CIP and cost-effective option. The LD-IGR has deliberative goals to enhance safety to the traveling public and freight movement, provide equitable service, support smart growth, location efficient infill, and sustain-able multimodal strategies in quality of life, health, and economic prosperity for anyone who uses and benefits from the State Highway System (SHS) and related facilities. Costs for City staff are included in the CIP budget (STM0409) while the developer would fund the consultant team’s expenses and seek ETDIF credit at the conclusion of project phase milestones. HomeFed Corporation concurs with the third approach, with the City as the lead on the environmental phase. The Cooperative (COOP) Agreement allows City staff and Caltrans to work on the environmental phase with the duties identified for each. The developer will continue to work with City staff based on agreements with the City. Note that the COOP (Attachment 4) is in substantially final form but will be revised as necessary between 2022/12/06 City Council Post Agenda Page 577 of 1285 P a g e | 5 legal counsel from the City and Caltrans. Therefore, tonight’s action allows the City Attorney to make any necessary changes as needed to be able to enter into the COOP Agreement. Process for Granting ETDIF Credits The ETDIF ordinance sets forth a procedure for issuance of fee credits to developers for the design and construction of ETDIF facilities (CVMC 3.54.150). The developer is required to comply with the procedural requirements set forth in the ETDIF ordinance to receive ETDIF credit. HomeFed has requested and staff has concurred that credits may be granted upon completion of each phase of the project instead of the construction completion. The first two phases are: 1. Project Initiation Document via Project Study Report (Approximately $365,000) 2. Project Report/Environmental Document (Approximately $1.8m) Fee Credits will be granted based on actual costs as substantiated by HomeFed Corporation and approved by the Director of Development Services. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers 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 [Insert appropriate Legislative Body name] member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT This CIP is included in the eastern Transportation Development Impact Fee (TDIF) Program as future interchanges at SR-125/Main Street-Hunte Parkway and at SR-125/Otay Valley Road. The cost for these two interchanges is included in the TDIF program. The action tonight will authorize work to begin on the next phase of work which is the environmental document phase. There are sufficient funds in the CIP budget for staff costs. No additional appropriation is requested at this time. ONGOING FISCAL IMPACT The cost for the two future interchanges at SR-125/Main Street-Hunte Parkway and at SR-125/Otay Valley Road are included in the TDIF program. Future appropriations will be approved as part of the City’s annual CIP Program. ATTACHMENTS 1. 2005 Chula Vista General Plan “Vision 2020” Circulation Plan – East. Figure 5.13.E 2. PSR-PDS document dated November 2, 2022 3. HomeFed Corporation Letters dated June 29, 2022, and July 30, 2020 4. Caltrans Cooperative Agreement (draft) 2022/12/06 City Council Post Agenda Page 578 of 1285 P a g e | 6 Staff Contact: Francisco X. Rivera - Principal Civil Engineer, Engineering & Capital Projects Kimberly Elliott - Facilities Finance Manager, Development Services Department William S. Valle - Director of Engineering & Capital Projects 2022/12/06 City Council Post Agenda Page 579 of 1285 RESOLUTION NO. 2022-_____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE PROJECT DESCRIPTION FOR CAPITAL IMPROVEMENT PROGRAM PROJECT FOR INTERCHANGE IMPROVEMENTS AT SR-125 AND MAIN STREET AND OTAY VALLEY ROAD (STM0409) AND APPROVING A COOPERATIVE AGREEMENT WITH CALTRANS TO BEGIN WORK ON THE ENVIRONMENTAL PHASE WHEREAS, over the last two years, the City has been working with a developer, HomeFed Corporation, their consultant team, and Caltrans on the preliminary engineering for the work necessary to obtain geometric consensus with Caltrans on future interchanges along SR- 125 at Main Steet-Hunte Parkway and at Otay Valley Road; and WHEREAS, due to continued development growth in southeastern Chula Vista, available roadway capacity is slowly being lost at Olympic Parkway near Interstate-805 as development continues along the southerly portion of Otay Ranch for Villages 4, 8 West, 8 East, 9, 10 & and the University Innovation District necessitating additional roadway capacity; and WHEREAS, regional transportation facilities require a longer lead time than local transportation facilities and coordination, not only with the adjacent land owners but with regional agencies such as Caltrans and SANDAG; and WHEREAS, Preliminary Engineering & Planning level work has commenced on two Eastern Transportation Development Impact Fee (ETDIF) facilities across the SR-125 corridor between the Otay Ranch areas of Village 8 East and Village 9; and WHEREAS, the two local streets that will cross the SR-125 toll road corridor at Main Street-Hunte Parkway and at Otay Valley Road are needed to provide convenient access locally and regionally; and WHEREAS, the roadways and interchange improvements are shown in the 2005 Chula Vista General Plan and are included in the Eastern Transportation Development Impact Fee Program; and WHEREAS, in September 2022 Caltrans approved the Project Initiation Document for the planned SR-125 interchange improvements; and WHEREAS, the City of Chula Vista will act as the Local Agency California Environmental Quality Act (CEQA) Lead for the Project Report/Environmental Document, Caltrans is the Responsible Agency for CEQA and the Lead Agency for the National Environmental Policy Act (NEPA), and the developer will administer the consultant contract in cooperation with the City; and 2022/12/06 City Council Post Agenda Page 580 of 1285 Resolution No. 2022-_____ Page 2 WHEREAS, Caltrans, the developer and the City wish to memorialize their participation in a Cooperative Agreement (COOP) to carry out the purposes set forth above; and WHEREAS, the developer will receive credits from the ETDIF Program for all eligible expenses incurred, in accordance with procedural requirements of the ETDIF Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it: 1. Approves amending the project description for Capital Improvement Program Project STM0409 to include the environmental review phase for interchange improvements at SR-125 and (future) Main Street and (future) Otay Valley Road. 2. Approves the Cooperative Agreement between the City Caltrans to begin work on the environmental phase for future interchange improvements at SR-125 and (Future) Main Street and (Future) Otay Valley Road, in the form presented, with such modifications as may be required or approved by the City Attorney, authorizes the City Manager or designee to execute the same, and directs that a copy shall be kept on file with the City Clerk. Presented by Approved as to form by ___________________________ ___________________________ William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney 2022/12/06 City Council Post Agenda Page 581 of 1285 SUBJECT AREA Attachment 1 2022/12/06 City Council Post Agenda Page 582 of 1285 Attachment 2 2022/12/06 City Council Post Agenda Page 583 of 1285 2022/12/06 City Council Post Agenda Page 584 of 1285 2022/12/06 City Council Post Agenda Page 585 of 1285 2022/12/06 City Council Post Agenda Page 586 of 1285 2022/12/06 City Council Post Agenda Page 587 of 1285 2022/12/06 City Council Post Agenda Page 588 of 1285 2022/12/06 City Council Post Agenda Page 589 of 1285 2022/12/06 City Council Post Agenda Page 590 of 1285 2022/12/06 City Council Post Agenda Page 591 of 1285 2022/12/06 City Council Post Agenda Page 592 of 1285 2022/12/06 City Council Post Agenda Page 593 of 1285 2022/12/06 City Council Post Agenda Page 594 of 1285 2022/12/06 City Council Post Agenda Page 595 of 1285 2022/12/06 City Council Post Agenda Page 596 of 1285 2022/12/06 City Council Post Agenda Page 597 of 1285 2022/12/06 City Council Post Agenda Page 598 of 1285 2022/12/06 City Council Post Agenda Page 599 of 1285 2022/12/06 City Council Post Agenda Page 600 of 1285 2022/12/06 City Council Post Agenda Page 601 of 1285 2022/12/06 City Council Post Agenda Page 602 of 1285 2022/12/06 City Council Post Agenda Page 603 of 1285 2022/12/06 City Council Post Agenda Page 604 of 1285 2022/12/06 City Council Post Agenda Page 605 of 1285 2022/12/06 City Council Post Agenda Page 606 of 1285 2022/12/06 City Council Post Agenda Page 607 of 1285 2022/12/06 City Council Post Agenda Page 608 of 1285 2022/12/06 City Council Post Agenda Page 609 of 1285 2022/12/06 City Council Post Agenda Page 610 of 1285 2022/12/06 City Council Post Agenda Page 611 of 1285 2022/12/06 City Council Post Agenda Page 612 of 1285 2022/12/06 City Council Post Agenda Page 613 of 1285 2022/12/06 City Council Post Agenda Page 614 of 1285 2022/12/06 City Council Post Agenda Page 615 of 1285 2022/12/06 City Council Post Agenda Page 616 of 1285 2022/12/06 City Council Post Agenda Page 617 of 1285 2022/12/06 City Council Post Agenda Page 618 of 1285 2022/12/06 City Council Post Agenda Page 619 of 1285 2022/12/06 City Council Post Agenda Page 620 of 1285 2022/12/06 City Council Post Agenda Page 621 of 1285 Attachment 3 2022/12/06 City Council Post Agenda Page 622 of 1285 2022/12/06 City Council Post Agenda Page 623 of 1285 2022/12/06 City Council Post Agenda Page 624 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 1 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) EA 43122-1121000025 11-SD-125-PM0.0/2.3 COOPERATIVE AGREEMENT COVER SHEET THE FOLLOWING IS AN EXAMPLE OF A POTENTIAL AGREEMENT FOR INFORMATION PURPOSES ONLY FOR A LOCAL AGENCY TO ACT AS THE CEQA LEAD FOR PR/ED PHASE Work Description Homefed Corporation (“Homefed”), in cooperation with the California Department of Transportation (“Caltrans”) and he City of Chula Vista (“City”), has initiated a Project Study Report-Project Development Support (PSR-PDS) to evaluate alternatives that provide new local street connections, increase capacity, improve mobility, and relieve congestion on State Route 125 (SR-125) between the Otay River and Birch Road to accommodate anticipated increased traffic demand due to new development expansion in the eastern Otay Ranch area of Chula Vista. The City of Chula Vista will act as the Local Agency CEQA Lead for the PR/ED Phase. Contact Information CALTRANS Brooke Filak, Project Manager 4050 Taylor Street San Diego, CA 92110 Office Phone: (858) 688-1592 Email: brooke.filak@dot.ca.gov CITY OF CHULA VISTA William S. Valle, Project Manager 276 Fourth Avenue Chula Vista, CA 91910 Office Phone: (619) 409-5976 Email: wvalle@chulavistaca.gov 2022/12/06 City Council Post Agenda Page 625 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 2 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Table of Contents COOPERATIVE AGREEMENT ......................................................................................................... 4 RECITALS ........................................................................................................................................... 4 RESPONSIBILITIES ........................................................................................................................... 6 Sponsorship ...................................................................................................................................... 6 Implementing Agency ...................................................................................................................... 6 Funding ............................................................................................................................................ 7 CALTRANS’ Quality Management ................................................................................................ 7 CEQA/NEPA Lead Agency ............................................................................................................. 8 Environmental Permits, Approvals and Agreements ....................................................................... 9 Project Approval and Environmental Document (PA&ED) ............................................................9 California Environmental Quality Act (CEQA)........................................................................ 10 National Environmental Policy Act (NEPA) ............................................................................ 11 Schedule ......................................................................................................................................... 13 Additional Provisions ..................................................................................................................... 14 Standards ................................................................................................................................... 14 Noncompliant Work .................................................................................................................. 14 Qualifications ............................................................................................................................ 14 Consultant Selection .................................................................................................................. 14 Encroachment Permits............................................................................................................... 15 Protected Resources .................................................................................................................. 15 Disclosures ................................................................................................................................ 15 Hazardous Materials .................................................................................................................. 16 Claims........................................................................................................................................ 17 Accounting and Audits .............................................................................................................. 17 Interruption of Work ................................................................................................................. 19 Penalties, Judgements and Settlements ..................................................................................... 19 Project Files ............................................................................................................................... 19 GENERAL CONDITIONS ................................................................................................................ 19 Venue ............................................................................................................................................. 20 Exemptions..................................................................................................................................... 20 Indemnification .............................................................................................................................. 20 Non-parties ..................................................................................................................................... 21 2022/12/06 City Council Post Agenda Page 626 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 3 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Ambiguity and Performance .......................................................................................................... 21 Defaults .......................................................................................................................................... 21 Dispute Resolution ......................................................................................................................... 21 Prevailing Wage ............................................................................................................................. 22 SIGNATURES .................................................................................................................................... 24 FUNDING SUMMARY No. 01 ........................................................................................................... 1 FUNDING TABLE .......................................................................................................................... 1 SPENDING SUMMARY ................................................................................................................ 2 Funding ............................................................................................................................................ 1 Invoicing and Payment ..................................................................................................................... 2 Project Approval and Environmental Document (PA&ED) ....................................................... 3 CLOSURE STATEMENT.................................................................................................................... 2 2022/12/06 City Council Post Agenda Page 627 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 4 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) COOPERATIVE AGREEMENT Agreement.pda.ca.010.oca.2013-05-04 This AGREEMENT, executed on and effective from , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: Agmt - City.pda.ca.020a.oca.2013-05-14 City of Chula Vista, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES. RECITALS Recital Authorization - PDA.pda.rec.010b.leg.2016-10-01 1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130. Recital Project.pda.rec.020b.oca.2015-02-18 2. For the purpose of this AGREEMENT, Homefed has initiated a Project Study Report-Project Development Support (PSR-PDS) to evaluate alternatives that provide new local street connections, increase capacity, improve mobility, and relieve congestion on State Route 125 (SR-125) between the Otay River and Birch Road to accommodate anticipated increased traffic demand due to new development expansion in the eastern Otay Ranch area of Chula Vista and the City of Chula Vista will act as the Local Agency CEQA Lead for the PR/ED Phase which will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Design Engineering Evaluation Report, or Project Report). Recital Work.pda.rec.030.oca.2016-10-01 3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK: • PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED) Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process. 2022/12/06 City Council Post Agenda Page 628 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 5 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) NOTE: CITY may only be designated CEQA lead agency with written approval of the District Director. It is the District's responsibility to obtain this approval before execution of any agreement Recital Agreement.pda.rec.040.oca.2016-10-01 4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments. This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT. PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT. If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT. Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT. PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations. Recital No Completed and Concurrent Work.pda.pda.rec.060b.oca.2014-04-01 5. No PROJECT deliverables have been completed prior to this AGREEMENT. Recital Defined Terms.pda.rec.070.oca.2015-03-05 6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms. Recital Agreement Term s.pda.rec.080.leg.2014-04-01 7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT. 2022/12/06 City Council Post Agenda Page 629 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 6 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) RESPONSIBILITIES Sponsorship Sponsorship.pda.sponsor.001.oca.2015-12-05 8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT. PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System. Sponsorship – Single Sponsor.pda.sponsor.010a.oca.2015-02-23 9. CITY is the SPONSOR for the WORK in this AGREEMENT. Implementing Agency Implementing Agency.pda.imp.010.oca.2016-10-01 10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. Implementing PA&ED.pda.imp.010-3.oca.2016-10-01 • CITY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY. PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection). Keep this line to prevent the preceding list from breaking across pages. Implementing - Quality Management Plan.pda.imp.020.oca.2019-07-29 11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY for. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval. Implementing - Personnel Availability.pda.imp.030.oca.2016-10-01 12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements. 2022/12/06 City Council Post Agenda Page 630 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 7 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Funding Funding Summary.pda.funding.020a.oca.2016-10-01 13. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT. PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT. Funding - Spending Limits.pda.funding.040.oca.2016-10-01 14. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT. Funding - Proportionate Expenditure of Funds.pda.funding.050.oca.2017-02-16 15. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. Funding - Proportionate Savings.pda.funding.060.oca.2014-09-26 16. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. Funding - Agreement Costs.pda.funding.070a.oca.2016-10-01 17. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT. CALTRANS’ Quality Management Quality Management.pda.qm.010.oca.2019-07-09 18. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way. Quality Management - IQA.pda.qm.020.oca.2019-07-09 19. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK. 2022/12/06 City Council Post Agenda Page 631 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 8 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA. Quality Management – Owner Operator Approvals.pda.qm.030.oca.2016-10-01 20. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT. Quality Management - EDQC.pda.qm.040.env;oca.2016-10-01 21. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation. CALTRANS quality control and quality assurance procedures for all environmental documents are described in the NEPA Assignments memorandums, available at https://dot.ca.gov/- /media/dot-media/programs/environmental-analysis/documents/ser/nepa-recordretention- policy-final-ally.pdf. This also includes the independent judgement analysis and determination under CEQA that the environmental documentation meets CEQA requirements. Quality Management – Work Products.pda.qm.050.con;oca.2016-10-01 22. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work. 23. CITY, including any employee, agent, consultant or sub-consultant retained by the CITY, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the “Final Caltrans Environmental Records Retention Policy”, available at https://dot.ca.gov/- /media/dot-media/programs/environmental-analysis/documents/nepa-recordretention-policy- final-a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS’ written request. CEQA/NEPA Lead Agency CEQA Lead Agency.pda.env_lead.010.env.2014-04-01 24. CITY is the CEQA Lead Agency for the PROJECT. CEQA Responsible Agency.pda.env_lead.020.env.2015-03-25 25. CALTRANS is a CEQA Responsible Agency for the PROJECT. Nepa Lead Agency.pda.env_lead.030.env.2014-04-01 26. CALTRANS is the NEPA Lead Agency for the PROJECT. 2022/12/06 City Council Post Agenda Page 632 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 9 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Environmental Permits, Approvals and Agreements Permit & Env Compliance.pda.ep.010.env.2016-10-01 27. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTY’s responsibilities in this AGREEMENT. Permit Work.pda.ep.020.2014-09-26 28. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT. Project Permits.pda.ep.030b.2016-10-01 29. It is expected that the PROJECT will not require environmental permits/approvals. Project Approval and Environmental Document (PA&ED) PA&ED Implementing Agency Work.pda.paed.010.oca.2016-10-01 30. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT. PA&ED non-Implementing Work.pda.paed.020.oca.2016-10-01 31. CALTRANS will be responsible for completing the following PA&ED activities: CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT Funded Cost 100.10.10.xx Quality Management No 165.15.15.xx Essential Fish Habitat Consultation Yes 165.15.15.xx Section 7 Consultation Yes 165.25.25 Approval to Circulate Resolution Yes 180.10.05.45 Section 7 Consultation Yes 180.15.05 Record of Decision (NEPA) Yes 2022/12/06 City Council Post Agenda Page 633 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 10 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) PA&ED Qualified Personnel and Environmental Documentation.pda.paed.040.env.2016-10-01 32. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance. PA&ED Notification to CEQA& NEPA Lead.pda.paed.045.env.2016-10-01 33. CITY will provide written notice of the initiation of environmental studies to the NEPA Lead Agency prior to completing any other PA&ED phase work. California Environmental Quality Act (CEQA) CEQA Lead Agency Determines Document Type.pda.paed.060.2016-10-01 34. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements. CEQA Document Standards.pda.paed.070.env.2016-10-01 35. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process. CEQA Caltrans Review as Responsible Agency.pda.paed.080.env.2015-03-25 36. CALTRANS is a CEQA Responsible Agency for the PROJECT and is responsible for review, comment, and concurrence on all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability. CEQA Lead Review of Documentation.pda.paed.090.env.2016-10-01 37. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability. CEQA Caltrans Review of Document Changes.pda.paed.100.env.2016-10-01 38. If the CEQA Lead Agency makes any changes to the CEQA documentation, the CEQA Lead Agency will allow CALTRANS to review, comment, and concur on those changes prior to the CEQA Lead Agency’s approval at appropriate stages of development prior to public availability. CEQA Caltrans Public Notice Review When Not Lead.pda.paed.120b.env.2014-04-01 39. If the CEQA Lead Agency makes any changes to CEQA-related public notices, then the CEQA Lead Agency will allow CALTRANS to review, comment, and concur on those changes prior to publication and circulation. 2022/12/06 City Council Post Agenda Page 634 of 1285 Agreement 11-11-XXYY Project No. XXXXXXXXX 11 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) CEQA Lead Meeting Attendance.pda.paed.150.env.2016-10-01 40. The CEQA Lead Agency will attend all CEQA-related public meetings. CEQA Public Meetings Held By Non Lead Agency.pda.paed.160.env.2016-10-01 41. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process. That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date. The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities. National Environmental Policy Act (NEPA) NEPA Lead - Caltrans.pda.paed.170a.env.2014-07-28 42. Pursuant to Chapter 3 of Title 23, United States Code, Sections 326 and 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements. CALTRANS, as the NEPA Lead Agency for PROJECT, is responsible for the review, comment, and approval of all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability. When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat. When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act. 2022/12/06 City Council Post Agenda Page 635 of 1285 12 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX NEPA Documentation Standards.pda.paed.180a.env.2016-10-01 43. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Guidebook (available at http://environment.fhwa.dot.gov/index.asp) and the CALTRANS Standard Environmental Reference. NEPA Review – Caltrans Is Lead.pda.paed.190b.env.2016-10-01 44. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS’ review, comment, and approval prior to public availability. NEPA Public Notices – Caltrans is Lead and not Preparing.pda.paed.200b.env.2014-04-01 45. CITY will prepare, publicize, and circulate all NEPA-related public notices, except Federal Register notices. CITY will submit all notices to CALTRANS for CALTRANS’ review, comment, and approval prior to publication and circulation. CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register. NEPA Lead Meeting Attendance.pda.paed.210.env.2016-10-01 46. The NEPA Lead Agency will attend all NEPA-related public meetings. NEPA Public Meeting Mtls – Caltrans is Lead.pda.paed.230a.env.2014-04-01 47. CITY will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS’ review, comment, and approval at least ten (10) working days prior to the public meeting date. NEPA Public Meetings Held By Non Lead Agency.pda.paed.240.env.2016-10-01 48. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process. That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date. The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities. 2022/12/06 City Council Post Agenda Page 636 of 1285 13 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX NEPA FSTIP Inclusion.pda.paed.250.env.2016-10-01 49. CITY will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of the environmental document. Schedule Schedule.pda.sch.010.oca.2016-10-01 50. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. Schedule Progress Report - Periodic.pda.sch.020a.oca.2016-10-01 51. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written quarterly progress reports during the completion of the WORK. 2022/12/06 City Council Post Agenda Page 637 of 1285 14 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX Additional Provisions Standards AP Laws, Regulations, and Standards.pda.ap.010.leg.2016-10-01 52. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the: • CADD User’s Manual • CALTRANS policies and directives • Plans Preparation Manual • Project Development Procedures Manual (PDPM) • Workplan Standards Guide • Standard Environmental Reference • Highway Design Manual Noncompliant Work AP Noncompliant Work.pda.ap.020.oca;con;mets.2016-10-01 53. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System. Qualifications AP Qualified Personnel.pda.ap.030.oca.2016-10-01 54. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them. Consultant Selection AP Consultant Selection.pda.ap.040.oca; con.2016-10-01 55. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK. 2022/12/06 City Council Post Agenda Page 638 of 1285 15 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX Encroachment Permits AP Encroachment Permits - Caltrans.pda.ap.050.ep.2018-02-13 56. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail. AP Encroachment Permits - Implementing Agency.pda.ap.070.oca.2016-10-01 57. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK. Protected Resources AP Protected Resources.pda.ap.080.env.2016-10-01 58. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection. Disclosures AP Confidentiality.pda.ap.090.leg.2016-10-01 59. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES. PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law. AP Public Records Requests.pda.ap.100.leg.2019-07-09 60. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records. 2022/12/06 City Council Post Agenda Page 639 of 1285 16 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX Hazardous Materials AP HM Definition.pda.ap.130.ee.2016-10-01 61. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not. HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT. The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively. AP HM Notification of Partners.pda.ap.110b.ee.2016-10-01 62. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES. AP HM-1 Within the SHS.pda.ap.140.ee.2016-10-01 63. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule. CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT. AP HM-1 for City-County.pda.ap.150a.ee.2016-10-01 64. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule. CITY will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT. AP HM-2.pda.ap.160.ee.2016-10-01 65. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits. 2022/12/06 City Council Post Agenda Page 640 of 1285 17 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS. AP HM and RW Acquisition.pda.ap.170a.ee.2014-04-01 66. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition. Claims AP Settlement of Claims.pda.ap.180b.leg.2016-10-01 67. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY. AP Claims Conference.pda.ap.190.leg.2016-10-01 68. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim. AP Federal Cost Principles.pda.ap.200.acc, aud.2016-10-26 69. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT. Accounting and Audits AP GAAP.pda.ap.210.acc, aud.2014-03-05 70. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings. 2022/12/06 City Council Post Agenda Page 641 of 1285 18 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX AP Document Availability And Retention.pda.ap.220.acc, aud.2016-10-01 71. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT. PARTIES will retain all WORK-related records for three (3) years after the final voucher. PARTIES will require that any consultants hired to participate in the WORK will comply with this Article. AP Right to Audit - Parties.pda.ap.230a.acc; aud.2016-10-01 72. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit. The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt. Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT. AP Annual Audits.pda.ap.240.aud.2016-10-01 73. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200. AP A&E Consultant costs.pda.ap.250.aud.2016-10-01 74. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10. 2022/12/06 City Council Post Agenda Page 642 of 1285 19 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX Interruption of Work AP Safe And Operable Right of Way.pda.ap.270.oca.2014-04-01 75. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right- of-way in a safe and operable condition acceptable to CALTRANS. AP Work Stoppage.pda.ap.270.env.2016-10-01 76. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes. Penalties, Judgements and Settlements AP Legal Judgements.pda.ap.280.leg.2016-10-01 77. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs. AP Environmental Legal Challenges.pda.ap.290.env;leg.2016-10-01 78. The cost of legal challenges to the environmental process or documentation are considered WORK costs. AP Fines, Interest, and Penalties.pda.ap.300a.leg.2016-10-01 79. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT. Project Files AP Project History File.pda.ap.310.oca.2016-10-01 80. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format. GENERAL CONDITIONS GC Enforcement.pda.gc.010.leg.2020-07-29 81. All portions of this AGREEMENT, including the Recitals Section, are enforceable. 2022/12/06 City Council Post Agenda Page 643 of 1285 20 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX Venue GC Jurisdiction.pda.gc.010.leg.2016-10-01 82. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located. Exemptions GC Appropriations for Caltrans Obligations.pda.gc.020.leg.2016-10-01 83. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC). Indemnification GC Indemnity.pda.gc.030.leg.2016-10-01 84. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT. GC Indemnity.pda.gc.030.leg.2016-10-01 85. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 2022/12/06 City Council Post Agenda Page 644 of 1285 21 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX Non-parties GC No Creation of Third Party Rights.pda.gc.040.leg.2016-10-01 86. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law. GC Obligation Assignment.pda.gc.050.leg.2016-10-01 87. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT. Ambiguity and Performance GC California Civil Code 1654 Waiver.pda.gc.060.leg.2016-10-01 88. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654. A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision. GC Delays or Omissions in Excercising Rights.pda.gc.70.leg.2014-04-01 89. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. Defaults GC Default in Obligations.pda.gc.80.leg.2016-10-01 90. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution. Dispute Resolution GC Dispute Resolution.pda.gc.90.leg.2019-07-29 91. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs. 2022/12/06 City Council Post Agenda Page 645 of 1285 22 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues. Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first. PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. GC Additional Dispute Remedies.pda.gc.130.leg.2016-10-01 92. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. Prevailing Wage GC Prevailing Wages.pda.gc.120.leg.2016-10-01 93. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts. Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements. If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis- Bacon and Related Acts, 40 U.S.C. §§ 3141-3148. When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements. 2022/12/06 City Council Post Agenda Page 646 of 1285 23 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX 2022/12/06 City Council Post Agenda Page 647 of 1285 24 of 24 Project Development Agreement 2017-02-17 (Created August 29, 2022) Agreement 11-11-XXYY Project No. XXXXXXXXX SIGNATURES Signatures - Authority to Execute.pda.sig.020.leg.2016-10-01 PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically. The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION GUSTAVO DALLARDA District 11 Director Verification of funds and authority: CITY OF CHULA VISTA WILLIAM S. VALLE Director of Engineering & Capital Projects Attest: Erika O’Farrell District 11 Budget Manager Certified as to financial terms and policies: Kerry K. Bigelow City Clerk Approved as to form and procedure: Nadine Karavan HQ Accounting Supervisor _ Glen R. Googins City Attorney This is a sample for discussion purposes only 2022/12/06 City Council Post Agenda Page 648 of 1285 1 of 4 Project Development Agreement 2017-02-17 (Created August 29, 2022) AGREEMENT 11 - 11-XXYY Project No. XXXXXXXXX EA 43122-1121000025 11-SD-125-PM0.0/2.3 FUNDING SUMMARY NO. 01 FUNDING TABLE v. 1 Source Party Fund Type PA&ED Totals STATE CALTRANS SHOPP $50,000 LOCAL CITY Local $6,500,000 Totals $6,550,000 2022/12/06 City Council Post Agenda Page 649 of 1285 2 of 4 Project Development Agreement 2017-02-17 (Created August 29, 2022) FUNDING SUMMARY No. 01 AGREEMENT 11 - 11-XXYY Project No. XXXXXXXXX SPENDING SUMMARY v 2 Fund Type PA&ED Totals CALTRANS CITY SHOPP $50,000 $0 $50,000 Local $0 $6,500,000 $6,500,000 Totals $50,000 $6,500,000 $6,550,000 2022/12/06 City Council Post Agenda Page 650 of 1285 FUNDING SUMMARY No. 01 AGREEMENT 11 - 11-XXYY Project No. XXXXXXXXX 1 of 5 Project Development Agreement 2017-02-17 (Created August 29, 2022) Funding FS Insufficient Funds - Safe and Operable.pda.fs_fund.010.oca.2016-10-01 1. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. FS Insufficient Funds.pda. fs_fund.020.env.2016-10-01 2. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT. Each PARTY may request reimbursement for these costs during the amendment process. FS Indirect Costs - Caltrans.pda.fs_fund.030b.acc.2016-10-01 3. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically. In accordance with California Senate Bill 848, the Administration Rate is capped at 10 percent until January 1, 2023, for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements. 2022/12/06 City Council Post Agenda Page 651 of 1285 AGREEMENT 11 - 11-XXYY Project No. XXXXXXXXX 2 of 5 Project Development Agreement 2017-02-17 (Created August 29, 2022) FS Indirect Costs - Party.pda.fs_fund.040.acc.2016-10-01 4. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to CALTRANS’ Audits and Investigations for review and acceptance prior to CALTRANS’ reimbursement of indirect costs. FS Per Diem Rates.pda.fs.050.acc;aud.2016-10-01 5. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs. Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT. If C ITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment. 6. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC. 7. SHOPP funds can only be expended on SHOPP-eligible items and work. Invoicing and Payment Invoice And Payment.pda.inv.010.acc.2016-10-01 8. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice. 2022/12/06 City Council Post Agenda Page 652 of 1285 AGREEMENT 11 - 11-XXYY Project No. XXXXXXXXX 3 of 5 Project Development Agreement 2017-02-17 (Created August 29, 2022) Invoice and Payment - EFT.pda.inv.020.acc.2014-11-03 9. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. Invoice and Payment - Actual Cost Invoicing.pda.inv.040.acc.2016-10-01 10. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT. Invoice and Payment - Program Supplement Agreement.pda.inv.050.oca.2015-03-05 11. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM. Invoice and Payment - Unallowable Costs.pda.inv.060.acc; aud.2015-03-05 12. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds. Project Approval and Environmental Document (PA&ED) Invoicing - Actual Cost.pda.inv.070a-2.2016-10-01 13. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid. 2022/12/06 City Council Post Agenda Page 653 of 1285 FUNDING SUMMARY No. 01 AGREEMENT 11 - 11-XXYY Project No. XXXXXXXXX 1 of 2 Project Development Agreement 2017-02-17 (Created August 29, 2022) CLOSURE STATEMENT INSTRUCTIONS 1. Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT? YES / NO 2. Did CALTRANS accept and approve all final deliverables submitted by other PARTIES? YES / NO 3. Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed? YES / NO 4. If construction is involved, did the CALTRANS District Project Manager verify that all claims and third party billings (utilities, etc.) have been settled before termination of the AGREEMENT? YES / NO 5. Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents? YES / NO If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT. 2022/12/06 City Council Post Agenda Page 654 of 1285 AGREEMENT 11 - 11-XXYY Project No. XXXXXXXXX 2 of 2 Project Development Agreement 2017-02-17 (Created August 29, 2022) CLOSURE STATEMENT PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 11-11-XXYY and any amendments to the agreement. The final signature date on this document terminates agreement 11-11-XXYY except survival articles. All survival articles in agreement 11-11-XXYY will remain in effect until expired by law, terminated or modified in writing by the PARTIES’ mutual agreement, whichever occurs earlier. The people signing this agreement have the authority to do so on behalf of their public agencies. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically. The PARTIES acknowledge that executed copies of this AGREEEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CITY OF CHULA VISTA District 11 Director Date: Director of Engineering & Capital Projects Date: Certified as to all financial obligations/terms and policies District 11 Budget Manager Date: 2022/12/06 City Council Post Agenda Page 655 of 1285 2022/12/06 City Council Post Agenda Page 656 of 1285 2022/12/06 City Council Post Agenda Page 657 of 1285 2022/12/06 City Council Post Agenda Page 658 of 1285 2022/12/06 City Council Post Agenda Page 659 of 1285 4b1 iG Colnmen% C( hS'Z' 'Z'cll.QtS.(> 157 MURRAY ST. CHULA VISTA, CA 91910 I onorable Mayor and Citv Council 09 12/06/23 Contained is a brief outline of the catastrophic effects the Tenant Landlord Protection Act"" will have on Chula 'Vista renters. Two areas in wnicti this ordinance ad.N7ersely effects renters are .4 1) Forces Landlords to drastically raise rents to offset costs me-urred- with tie implementation of this ordinance. Because of some draconian clauses, many Mom & Pop Landlords will pull property off the rental market reducing the supply of rentals in our communitNt., OF OutIined Italics herein are just a few of the clauses within this Act which renders this ordinance fatally flawed, Clause 9. 65. 080 C 3 & 4 states---: Civil penalties for violations of this chap.ter ntkv be as-sess-ed at a rate, not to exceed, $5, 000 per vt6lation per day.....it Is- not required that a warning or notice to cure must first be given bef-6re an a.dnu*n- istraiiv; citationro civil penaity malt be issued Owner, shall be- guilty of a misdemeanor punishable. Ity ...irsvnment for a Period of not more than six months, or iry both aftne and inWn.sonmenl. ingThreateningLandlords, who may unk-now* 41y vi olate some obscure clause of this ordinance, with a six month prison 1 2022/12/06 City Council Post Agenda Page 660 of 1285 sentence or the confiscation of their entire life's savings does nothing io relieve the pressure placed on tenants its secure affordable housing. Such a draconian measures places extreme pressure on "Mom. & Pop" Ldlords to remove their properties from the rental market. Reducing the supply of rental units invariably results in. rent increases. The few "Mom & Pop Landlords remaining will be forced to raise rents to offset projected expense *increases, iia Warning naiveReiiardin2notnoticetocure,., Landlords they are in violation of some obscure clause of an ordinance does not prohibit city staff from seeking enforcement of the veiT few egregious offenders. If Chula Vista City, stan. s real intent was to aid tenants, they would have replaced ibis clause with.- "Upon notification, landlords have 3tI days to cure any violation tQ this ordinance. The fact that staft' took the time to insert a clause: "it S- not required that a, warning or notice tri cure nwst first die given" leads many to believe staff places a higher priority on increasing city revenue as opposed to actually assisting tenants. Clause 9.65.06t} E States if a tenant terminates his lease and moves away, "Olwners and Tenants shall provirhe City with information regarding termination of Tenancies at such time(`s) and with such detailsshalldie required byl cityv in the aftendantAdndnis-itration Regulations.. " 2 2022/12/06 City Council Post Agenda Page 661 of 1285 Tne vast majonft of Mary's andmy tenants are long term residents. In my 51 years as a Landlord. I do not remember EVER having evicted a tenant. However, if the tenant terminates the lease, moves ax-vay and does not follow prop er procedure of informing City Staff about their move., owner is subject to the previously mentionec * t tine and imprisonment. It it doubtful many tenants are even aware of their legal responsibly to report their lease termination. I don't know how to ensure. past tenants have followed proper procedure in informing city staff they have terminated their lease. 0 0Anotherdis-creiDancv in .--the -- oTdinance: The definition of the term Substantial Remodel" is deepl) rr flaxved. A landlord is 0 m violation of the lavv and sukject to a $5,000.00 fine and six months imprisonment if a remodel does not adl-iere every Point of the definition belo-vN-T-. Substantial Remodel means i proveme).iis io a Residential UnitRentalRentaliimeetngallofthefollowingcriteria: 1. Any s-ttwetural,, electtical, plumbing or mech-anical system isbeingreplacedorsubs-tantia-Ity 2. The cost of the improvements (excluding insurance prQceeds, land costs-, and arch itecturatlengineering fees) is equal to or greater than $ 40 per square foot of the Residential Rental Unit; and I A pernit is required from a governmental agency or the abatement of part, lead-based K 2022/12/06 City Council Post Agenda Page 662 of 1285 mold, or asbestos- is- required in accordance with applicable federal, State, County, or City laws and cannot die reasonably accomplished in a safe manner with the -Tenant in Place; and K 4* It * is necessary for the Residential Rental Unit to be -vacant for more than siy(60} d ys.in Cosmetic itrWxovements along,, including, but not limited to, painting, decorating, flooring replacement, counter replacement, and minor repairs-, or other work that can be performed seely without having the Residential Rental Unit vacated, do not constitute a Substantial Remodel. The Italic text above should be simply replaced with 'Any improvement which cannot Ise safely completed without tenant vacating the prenises. threM & I have recentl substantially remodeledY condominiums in Chula Vista. We transfon-ned these 1960 s outdated units into beautiful modem homes. I am 'proud to saN!; upon completion, the units were rented at $600.00 below - identical units in the sa-me complex.. If this ordinance had 1 -2 passed before we completed these prQj*ects, we woulct tiave been 0 0 prohibited b -Y law from improving these properties because the work we performed did not com-Plv with the definition of Substantial Remodel". I AMany- properties on the NNTest Side of Chula ia. alc MU and in much need of repairs. Discouraging property A improvements in this area of our C I INIT not only degrades our community but also encourages the establishment of slums. 91d 2022/12/06 City Council Post Agenda Page 663 of 1285 Mary & I have always taken pride in holding the line of rents. In October, before the adoption of this ordinance, we informed our tenants of the 2023 rent structure. Most rents remained unchanged, a few had minor increases and one tenant actually had their rent decreased, I am devastated to inform them that, upon the advice of real-estate professionals, we are adjusting rents the maximum amount allowed by law- to finance the implementation of this ordinance. However, even this huge increase in rents won't be sufficient to pay the $5,000.00 daily fines which are sure tQ follow. The added costs to our tenants will be barely be enough to pay the legal fees io challenge the fines and avoid jail, In closing,, as you can see, this ordinance has a devastating effect on renters. Hopefully a sufficient number council members will institute procedures necessatT to amend this ordinance in a way which would truly help the citizens of Chula Vista. Being a landlord, who has had wonderful relationships with individual tenants for 10., 201, and even. 30 years, I am absolutely positive this ordinance,, as written., hurts many more people than it helps. Please feel free to contact me if you feel I am wrong with my conclusions. I have done my research, Ido not expect your call. Respectfully. os*/t 9 %u n 0 2022/12/06 City Council Post Agenda Page 664 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Community Facilities District Formation: Consider Authorizing the California Municipal Financing Authority to Form CFD No. 2022-27 (Sunbow) Through the Bond Opportunities for Land Development Program, and Related Actions Report Number: 22-0295 Location: Sunbow, located south of Olympic Parkway and east of Brandywine Avenue 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 A) Conduct a public hearing pursuant to California Government Code Section 6586.5; then B) Adopt a resolution authorizing the California Municipal Financing Authority (CMFA) to initiate proceedings to form Community Facilities District (CFD) No. 2022-27 (City of Chula Vista - Sunbow) through the Bond Opportunities for Land Development (BOLD) Program pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, approving a Joint Community Facilities Agreement, and authorizing related actions; and C) Adopt a resolution approving an Acquisition Financing Agreement with CMFA relating to the above- referenced CFD. SUMMARY The BOLD Program is a program offered by the CMFA to provide its members a means to accommodate formation of CFDs and bonding within their jurisdiction. By participating in the program, CFD formation, administration and bonding is handled by CMFA and the City of Chula Vista’s (City) involvement can be minimized. The City is already a member of CMFA, having utilized CMFA for other types of bond financings in the past, including a bond financing with respect to Otay Ranch Village 8 West, which closed in early August, 2022. CMFA also recently formed CFD No. 2022-12 (City of Chula Vista – Otay Ranch Village 3, Phase II). 2022/12/06 City Council Post Agenda Page 665 of 1285 P a g e | 2 ACI Sunbow, LLC, a California limited liability company (Developer), the developer of the Sunbow development project (Sunbow) requested that the City allow CMFA to form CFD No. 2022-27 (City of Chula Vista - Sunbow) (the “Sunbow CFD”). The Sunbow CFD will be authorized to finance City public improvements and related costs to be constructed by or on behalf of the Developer, and satisfaction of certain City development impact fees. A proposed Joint Community Facilities Agreement (“JCFA”) by and between CMFA and the City (Sunbow JCFA) setting forth the administration of the Sunbow CFD is provided as Attachment 1. Tonight’s action includes conducting the public hearing as required under California Government Code Section 6586.5 to allow bonds to be issued by CMFA to finance capital improvements within the boundaries of the City. Upon conclusion of the public hearing, a resolution authorizing the formation of the Sunbow CFD through the BOLD Program and approving the Sunbow JCFA may be adopted, as reflected within Resolution A. If approved, a resolution approving the form of the Acquisition Financing Agreement by and among the City, CMFA for and on behalf of the Sunbow CFD, and the Developer (the “Acquisition Financing Agreement”), relating to the acceptance and acquisition by the City of the public improvements through financing provided by the Sunbow CFD may be adopted, as reflected within Resolution B. The Acquisition Financing Agreement is provided as Attachment 2. ENVIRONMENTAL REVIEW 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 the proposed activity consists of the creation of a governmental fiscal/funding mechanism which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The BOLD Program The Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) offers financing flexibility commonly used by cities, schools and other local agencies throughout the State of California to generate funds for the payment of public facilities, including development fees for facilities. The BOLD Program offers developers the opportunity to finance public infrastructure, as well as impact fees associated with new development through tax-exempt and/or taxable bonds payable from special taxes levied by a CFD on property within such CFD, a typical financing method for new home developments in the State of California. Sunbow Sunbow, located south of Olympic Parkway and east of Brandywine Avenue in Chula Vista, is a 136.15 gross acre site. Approximately 67.5 acres are proposed for development, including approximately 44.2 acres of residential development, a 0.9-acre community purpose facility site, 5.9 acres of public streets, and 16.5 acres of manufactured slopes, basins, wetland resources, and associated buffer areas. The remainder is proposed 2022/12/06 City Council Post Agenda Page 666 of 1285 P a g e | 3 for open space. The project consists of 718 units, including 184 high density multi-family units, and 534 medium-high density single-family units. Sunbow’s approved tentative map allows 718 residential units. The project is currently being graded, and Lennar, the builder, has bid all improvement work. The final map is moving towards approval/recordation by the end of 2022, and Lennar expects to pull first building permits in February 2023. First home closing is anticipated October 2023. The City Council has previously approved Council Policy No. 505-04 “Statement of Goals and Policies Regarding Establishment of Community Facilities Districts.” The Sunbow CFD will be formed in accordance with the Council Policy No. 505-04, with the following exceptions: (1) the prohibition on financing development impact fees; (2) the prohibition on the escalation of the maximum special tax to pay for public facilities; (3) the payment to the City of compensation equal to one percent (1%) of the total authoriz ed bonded indebtedness; (4) the requirement that an appraisal be coordinated by, done under the direction of, and addressed to the City; and (5) the requirement that all consultants including the appraiser, be selected and retained by the City. Staff supports the proposed exceptions to Council Policy No. 505-04 for the following reasons: (1) While Council Policy No. 505-04 prohibits financing of development impact fees, the financing of development impact fees is allowed under the Act. Allowing this exception provides a path for developers to finance their development impact fee obligation and allows the City to receive a substantial amount of development impact fees upon bond issuance, instead of deferring collection to individual building permits. Additionally, to the extent any portion of bonds are proposed to finance development impact fee obligations, the City may require that such bonds be issued on a taxable basis. (2) The escalation of the maximum special tax allows for the issuance of more debt than a non-escalating tax and is becoming more common in CFDs. (3) The City is not responsible for forming the district or issuing the bonds, as it would be in a traditionally formed CFD. It is therefore appropriate for the City to receive less financial consideration than it would have received if it were the issuer. CMFA will receive a one percent (1%) issuer fee and the City will receive a quarter of CMFA’s issuer fee (0.25%). (4) The appraisal is coordinated by and under the direction of CMFA instead of the City. There is sufficient City review of the appraisal and all other documents related to the formation and bond sale under this structure. Having CMFA take on this role is part of the efficiency of the BOLD program. (5) CMFA selects and retains all consultants, including the appraiser. Having CMFA take on this role is part of the efficiency of the BOLD program. Next Steps Approval of Resolution A would authorize CMFA to initiate proceedings to form the Sunbow CFD and approve the form of the Sunbow JCFA. Resolution B approves the form of the Acquisition Financing Agreement relating to the acceptance of the facilities and disbursement of moneys. 2022/12/06 City Council Post Agenda Page 667 of 1285 P a g e | 4 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 are no current year fiscal impacts to the General Fund or the Development Services Fund as a result of this action. All expenses incurred by the City in the formation of the Sunbow CFD are borne by the Developer. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or the Development Services Fund as a result of this action. The City is not liable to repay the bonds issued by CMFA or the special taxes imposed on the participating properties within any CFD formed through the BOLD Program, and the City has no contractual relationship with bond owners or the bond trustee. ATTACHMENTS 1. Joint Community Facilities Agreement 2. Acquisition Financing Agreement Staff Contact: Kimberly Elliott, Facilities Financing Manager Laura C. Black, AICP, Director of Development Services 2022/12/06 City Council Post Agenda Page 668 of 1285 60297.00064\40772108.1 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING FORMATION OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2022-27 (CITY OF CHULA VISTA – SUNBOW) THROUGH THE BOND OPPORTUNITIES FOR LAND DEVELOPMENT (BOLD) PROGRAM PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, AS AMENDED, APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND AUTHORIZING RELATED ACTIONS WHEREAS, the City of Chula Vista (“City”) is a municipal corporation and charter city duly organized and existing under and pursuant to the Constitution and the laws of the State of California (“State”) and has previously authorized the use of the California Municipal Finance Authority’s (“CMFA”) Bond Opportunities for Land Development Program (“BOLD Program”) to allow the owners of property to be developed within the City to participate in the BOLD Program subject to the approval of the City Council; and WHEREAS, the CMFA has established the BOLD Program to allow the financing of certain public facilities and/or certain development impact fees that finance public facilities (together, “Improvements”) levied by local agencies in the State through the levy of special taxes pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, ACI Sunbow, LLC, a California limited liability company (“Sunbow”), the developer of the Sunbow development project (“Project”) has requested that the City allow them to utilize the BOLD Program and to allow the CMFA to form the California Municipal Finance Authority Community Facilities District No. 2022-27 (City of Chula Vista – Sunbow) (“Sunbow CFD”) under the Act, to levy special taxes within the Sunbow CFD, and to issue bonds secured by such special taxes under the Act to finance the Improvements, provided that Sunbow voluntarily agrees to participate and consent to the levy of such special taxes and the issuance of such bonds; and WHEREAS, the City Council has previously approved Council Policy Number 505 -04 “Statement of Goals and Policies Regarding Establishment of Community Facilities Districts,” (the “City’s Goals and Policies”) and with the exception of: (1) the prohibition on financing development impact fees; (2) the prohibition on the escalation of the maximum special tax to pay for public facilities; (3) the payment to the City of compensation equal to one percent (1%) of the total authorized bonded indebtedness; (4) the requirement that an appraisal be coordinated by, done under the direction of, and addressed to the City; and (5) the requirement that all consultants including the appraiser, be selected and retained by the City, the Sunbow CFD shall be formed in accordance with the City’s Goals and Policies on file with the City Clerk and incorporated herein by this reference; and WHEREAS, the Sunbow CFD shall be authorized to finance City capital facilities and related costs (City Infrastructure) in satisfaction of certain City development impact fees (“City Fees”) authorized to be financed under the Act and certain City capital facilities to be constructed by or on behalf of Sunbow (the “Acquisition Improvements” and with the City Infrastructure and the City Fees, the “Facilities”); and 2022/12/06 City Council Post Agenda Page 669 of 1285 60297.00064\40772108.1 2 WHEREAS, the Acquisition Improvements shall be accepted and moneys shall be disbursed in accordance with an Acquisition Financing Agreement to be entered into among the CMFA, the City and Sunbow (the “Acquisition Agreement”); and WHEREAS, the City Council has determined the Sunbow CFD will provide benefit to the community at large as well as a benefit to the properties within the Sunbow CFD of the types described in the City’s Goals and Policies; and WHEREAS, the City Council has determined that the public facilities authorized to be financed by the Sunbow CFD are of the types described in the City’s Goals and Policies; and WHEREAS, under Section 53316.2 of the Act, the CMFA may form the Sunbow CFD to finance the Facilities in connection with the Project and issue bonds, the proceed s of which are used by the City for City Infrastructure, provided the CMFA and the City enter into a joint community facilities agreement; and WHEREAS, the form of a Joint Community Facilities Agreement by and between the CMFA and the City (“JCFA”) setting forth the administration of the Sunbow CFD has been presented to and considered for approval by the City Council, and with the aid of staff has reviewed and considered the JCFA, finds that it will be beneficial to residents of the City and that it is suitable for approval, subject to the conditions set forth in this Resolution; and WHEREAS, following the adoption of this Resolution, all further proceedings with respect to the formation of the Sunbow CFD and the issuance of special tax bonds and other debt for the Sunbow CFD shall be undertaken by CMFA with the exception of the Acquisition Agreement which may be approved by the City Council after the adoption of this Resolution, and prior to the issuance of special tax bonds and/or other debt for the Sunbow CFD. NOW, THEREFORE, BE IT RESOLVED by the City Council, that: SECTION 1. Recitals. Each of the above recitals is true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Goals and Policies. The formation of the Sunbow CFD is hereby authorized provided, that the Sunbow CFD will be formed in accordance with the City’s Goals and Policies with the following exceptions: (1) the prohibition on financing development impact fees; (2) the prohibition on the escalation of the maximum special tax to pay for public facilities; (3) the payment to the City of compensation equal to one percent (1%) of the total authorized bonded indebtedness ; (4) the requirement that an appraisal be coordinated by, done under the direction of, and addressed to the City; and (5) the requirement that all consultants including the appraiser, be selected and retained by the City. SECTION 3. Approval of JCFA. The form of the JCFA as presented to this City Council and on file with the City Clerk is hereby approved. The City Manager and such other official or officials of the City as may be designated in writing by this City Council (each, an “Authorized Officer” and together, the “Authorized Officers”) are each authorized to execute the JCFA for and on behalf of the City with such changes thereto as such Authorized Officer, following consultation with the City Attorney and Best Best & Krieger LLP, deem to be in the best interests of the City. 2022/12/06 City Council Post Agenda Page 670 of 1285 60297.00064\40772108.1 3 SECTION 4. Authorizations. The Authorized Officers and other officers, employees and agents of the City, are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution. All actions heretofore taken by the Authorized Officers and other officers, employees and agents of the City with respect to the CMFA and the BOLD Program and the matters described herein are hereby approved, confirmed and ratified. SECTION 5. Effective Date. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Secretary of the CMFA. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/12/06 City Council Post Agenda Page 671 of 1285 60297.00064\40772065.1 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ACQUISITION/FINANCING AGREEMENT RELATING TO CALIFORNIA MUNICIPAL FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2022-27 (CITY OF CHULA VISTA – SUNBOW) AND AUTHORIZING RELATED ACTIONS WHEREAS, the City of Chula Vista (“City”) is a municipal corporation and charter city duly organized and existing under and pursuant to the Constitution and the laws of the State of California (“State”) and has previously authorized the use of the Cali fornia Municipal Finance Authority’s (“CMFA”) Bond Opportunities for Land Development Program (“BOLD Program”) to allow the owners of property to be developed within the City to participate in the BOLD Program subject to the approval of the City Council; and WHEREAS, at the request of ACI Sunbow, LLC, a California limited liability company (“Sunbow”), the developer of the Sunbow development project (“Project”), the City Council has authorized the formation of the California Municipal Finance Authority Community Facilities District No. 2022-27 (City of Chula Vista – Sunbow) (“Sunbow CFD”) through the BOLD Program and the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, the Sunbow CFD is authorized to finance City capital facilities and related costs (“City Infrastructure”) in satisfaction of certain City development impact fees (“City Fees”) authorized to be financed under the Act and certain City capital facilities to be constructed by or on behalf of Sunbow (“Acquisition Improvements” and with the City Infrastructure and the City Fees, the “Facilities”); and WHEREAS, there has been presented to the City Council, the form of an Acquisition/Financing Agreement by and among the City, CMFA and Sunbow (the “Acquisition Agreement”) to establish the terms and conditions pursuant to which the City Fees may be reimbursed or prepaid and the Acquisition Improvements may, upon the completion of the construction thereof, be acquired by the City through financing provided by the Sunbow CFD at prices determined pursuant to and in accordance with such agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council, as follows: SECTION 1. Recitals. Each of the above recitals are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Approval of Acquisition Agreement. The form of Acquisition Agreement as presented to the City Council and on file with the City Clerk is hereby approved. The City Manager and such other official or officials of the City as may be designated in writing by this City Council (each, an “Authorized Officer” and together, the “Authorized Officers”) are each authorized to execute the Acquisition Agreement for and on behalf of the City with such changes thereto as such Authorized Officer, following consultation with the City Attorney and Best Best & Krieger LLP, deem to be in the best interests of the City. 2022/12/06 City Council Post Agenda Page 672 of 1285 2 SECTION 3. Other Actions. The Authorized Officers and other officers, employees and agents of the City, are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution. All actions heretofore taken by the Authorized Officers and other officers, employees and agents of the City with respect to CMFA, the BOLD Program and the Sunbow CFD and the matters described herein are hereby approved, confirmed and ratified. SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney 2022/12/06 City Council Post Agenda Page 673 of 1285 60297.00064\40780326.1 1 JOINT COMMUNITY FACILITIES AGREEMENT CMFA BOLD PROGRAM Joint Community Facilities Agreement Relating to: California Municipal Finance Authority CFD No. 2022-27 (City of Chula Vista – Sunbow) This Joint Community Facilities Agreement (this “Agreement”), dated as of _________ , 2022, is entered into by and between the California Municipal Finance Authority, a joint exercise of powers authority duly organized and existing under the Constitution and laws of the state of California (the “CMFA”), and the City of Chula Vista, a charter city duly organized and validly existing under the Constitution and laws of the State of California (the “City,” and together with CMFA, the “Parties”). WITNESSETH: WHEREAS, the CMFA intends to conduct, proceedings under the Mello-Roos Community Facilities Act of 1982 (California Government Code section 53311 et seq.) (the “Act”) to form the above-referenced community facilities district (the “CFD”) encompassing all or a portion of the Sunbow development project (the “Project”). The developer of the Project is ACI Sunbow, LLC, a California limited liability company (the “Developer”). The CFD shall be authorized to finance City capital facilities and related costs (“City Infrastructure”) in satisfaction of City development impact fees described in Exhibit A hereto (“City Fees”) authorized to be financed under the Act as part of its Bond Opportunities for Land Development (“BOLD”) program, which City Fees are payable with respect to all development within the Project and certain City capital facilities to be constructed by or on behalf of the Developer as described in Exhibit A hereto (“Acquisition Improvements” and with the City Infrastructure and City Fees the “Facilities”); WHEREAS, under Section 53316.2 of the Act, the CMFA may form the CFD to, among other things, finance the Facilities in connection with new development in the City and issue bonds, the proceeds of which are used by the City for the Facilities, provided the CMFA and the City enter into a joint community facilities agreement such as this Agreement; WHEREAS, the CMFA intends to utilize the proceeds of sale of special tax bonds (the “Bonds”) and special taxes of the CFD (the “Special Taxes”) to finance some or all of the Facilities; WHEREAS, the City is willing to cooperate with the CMFA in accomplishing the financing of the Facilities through the CFD, and to confer upon the CMFA full power to provide such financing in the event that proceeds of Special Taxes and/or Bonds of the CFD become available and are utilized for such purpose, in accordance with the provisions hereof and of the Acquisition Financing Agreement (the “Acquisition Agreement”), to be entered into by and among the City, the CMFA, and ACI Sunbow, LLC, a California limited liability company; WHEREAS, this Agreement is made under the authority of Section 53316.2 of the Act; and WHEREAS, in consideration for the mutual undertakings of the Parties stated herein, the Parties agree as follows: 2022/12/06 City Council Post Agenda Page 674 of 1285 60297.00064\40780326.1 2 AGREEMENT: 1. Administration of CFD and Issuance of Bonds by the CMFA. The CFD shall be established and administered in accordance with the City’s Statement of Goals and Policies Regarding Establishment of Community Facilities Districts attached hereto as Exhibit B with the exception of: (1) the prohibition on financing development impact fees; (2) the prohibition on the escalation of the maximum special tax to pay for public facilities; (3) the payment to the City of compensation equal to one percent (1%) of the total authorized bonded indebtedness of the CFD; (4) the requirement that an appraisal be coordinated by, done under the direction of, and addressed to the City; and (5) the requirement that all consultants including the appraiser, be selected and retained by the City. The CMFA shall administer the CFD, including employing and paying all consultants, annually levying the Special Taxes and paying and administering the Bonds, and complying with all state and federal requirements appertaining to the proceedings establishing the CFD and issuing and using the proceeds of the Bonds, including the requirements of the United States Internal Revenue Code of 1986, as amended (the “Code”) with respect to the tax-exempt Bonds that are issued. The City shall execute and deliver such certifications and agreements as may reasonably be required in order for bond counsel to the CMFA to conclude that interest on any tax-exempt Bonds will be excluded from gross income under the Code, if applicable. To the extent such certifications and agreements cannot be executed with respect to certain City Fees, or as otherwise provided for in Section 18(d) of the AFA, Bonds may be issued on a taxable basis. 2. Agreement to Hold Available Moneys. The CMFA shall hold or cause to be held within a separate fund (the “Project Fund”) proceeds of each issue of Bonds issued to finance City Infrastructure, as well as proceeds of Special Taxes levied by the CFD for “pay-as-you-go” funding from Special Taxes collected in excess of the amounts needed for bond debt service and administration expenses (such bond proceeds and excess amounts are referred to as “Available Moneys”). The Project Fund shall be segregated from all other funds and, except for investment purposes, shall not be commingled with any other funds. The Project Fund may include separate accounts as necessary to separately account for the proceeds of tax-exempt and taxable Bonds (the “Tax-Exempt Account” and “Taxable Account,” respectively) and to account for the proceeds of such Bonds that are to fund City Fees and Acquisition Improvements. Investment earnings on amounts in each Tax-Exempt Account shall be retained in the Tax-Exempt Account, except to the extent a portion of such earnings are used to pay rebate or yield reduction payments to the U.S. Treasury pursuant to the Code. Amounts on deposit in the Project Fund shall be disbursed in accordance with Section 3 of this Agreement and CMFA agrees to disburse, or cause to be disbursed, moneys on deposit in the Project Fund as provided herein. All City Fees funded through Available Moneys shall be deemed paid in the amount of the Bond proceeds on the date that such Bond proceeds are deposited with the City. 3. Disbursements From Project Fund. Moneys on deposit in the Project Fund shall be disbursed in accordance with the Acquisition Agreement. 4. Use of City Fees for Public Capital Improvements and Acquisition of Acquisition Improvements. City shall utilize the City Fees for City Infrastructure. City acknowledges that, subject to approval of disbursements as set forth in the Acquisition Agreement, the City Infrastructure may be financed through the CFD. The Acquisition Improvements shall be acquired by the City as set forth in the Acquisition Agreement. 2022/12/06 City Council Post Agenda Page 675 of 1285 60297.00064\40780326.1 3 5. Amendments. This Agreement may be amended by a writing signed by the Parties, including any exhibit hereto; provided, that no amendments to Section 3 shall be made without the prior written consent of the Developer. 6. Term of this Agreement. This Agreement shall be in full force and effect from this date to and including its termination by mutual written agreement of the parties hereto prior to the formation of the CFD. 7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF the Parties have caused this Agreement to be executed by their authorized representatives as of the effective date stated above. CMFA: CALIFORNIA MUNICIPAL FINANCE AUTHORITY By: Authorized Signatory CITY: CITY OF CHULA VISTA By: Name: Maria V. Kachadoorian Title: City Manager APPROVED AS TO FORM: By: Glen R. Goggins City Attorney 2022/12/06 City Council Post Agenda Page 676 of 1285 60297.00064\40780326.1 EXHIBIT A-1 EXHIBIT A DESCRIPTION OF FACILITIES Development Impact Fees: Eastern Transportation Development Impact Fee (ETDIF) Traffic Signal Fee Park Benefit Fee Poggi Sewer Basin Development Impact Fee Public Facilities Development Impact Fee (PFDIF) Sewer Capacity Charge 2022/12/06 City Council Post Agenda Page 677 of 1285 60297.00064\40780326.1 EXHIBIT B-1 EXHIBIT B CITY’S GOALS AND POLICIES [See Attached] 2022/12/06 City Council Post Agenda Page 678 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 1OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: BACKGROUND TheMello-RoosCommunity Facilities Actof1982 (the “Mello-Roos Act”) andOrdinanceNo. 2730, asamended fromtimetotimeandcodified inChapter 3.60 oftheChulaVista MunicipalCode (the CFD Ordinance”) allowsforthecreationofCommunity FacilitiesDistricts (CFDs) tofinance certain publiccapital facilities andservices, especially indeveloping areasandareasundergoing rehabilitation. Asa prerequisite toformingCFDs pursuant totheMello-RoosAct, eachlocal jurisdictionmust firstconsiderandadoptlocalgoals andpolicies asdescribed therein. TheCityfirst adopted theCityofChulaVista Statement ofGoals and Policies Regarding theEstablishment of Community FacilitiesDistricts (the “GoalsandPolicies”) onJanuary 13, 1998, via Resolution No. 18860. TheGoals andPoliciesweresubsequentlyamendedinJuly 1998, December1998, and November 2013viaResolution Nos. 19103, 19300, and2013-225, respectively. Inclusion ofthe GoalsandPolicies” intheCityCouncilPolicyManualisrecommended andareapplicable toCFDs formedundertheMello-RoosActandtheCFDOrdinance. PURPOSE Thepurpose ofthisStatement ofGoalsand PoliciesistoprovidetheCitystaff, theresidents ofthe City, andtheownersanddevelopers ofpropertylocatedwithin theCitywithguidanceinthe applicationfor, andconsideration of, theestablishment ofcommunityfacilitiesdistricts for the purpose offinancingorassistinginfinancingtheacquisition orconstructionofpublicinfrastructure ortheprovisionofauthorizedpublic services tobenefit andserveeitherexistingornew development oracombination thereof. Theunderlying principalsbehind thispolicy arethe protection ofthepublic interest, assuring fairness in theapplicationofspecialtaxesto current andfuture property owners, assuring fulldisclosure oftheexistence of anyspecial taxliens, ensuringthecreditworthinessofany community facilities districtspecial taxbonds, protectingtheCity's creditratingandfinancial positionandassuringthatapplicants forallcommunity facilitiesdistrictproceedings otherthanCity initiated proceedingspayallcostsassociated withtheformation ofany communityfacilities district. POLICY TheCityCouncil oftheCityofChula Vista (hereafter the “CityCouncil”) herebyestablishes and statesitsgoalsandpolicies concerningtheuseofChapter 2.5ofPartIofDivision 2ofTitle5ofthe Government Codeof theState ofCalifornia (hereafter the “Act”) inproviding adequate public infrastructureimprovements andpublic servicesfortheCityofChula Vista (the “City”). The following goalsand policiesshall applytoallcommunityfacilitiesdistricts hereafter formed or proposedtobeformedbytheCity. Any policyorgoal stated herein maybesupplemented oramended 2022/12/06 City Council Post Agenda Page 679 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 2OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: byresolutionoftheCityCouncil. Thescope ofthispolicyis limitedtotheproposed formationofcommunityfacilities districts forthe limited purpose offinancingorassistinginfinancingtheacquisition orconstruction ofpublic infrastructure and/ortheprovisionofauthorizedpublicservices. IntroductoryStatement TheCitywillconsider applications initiatedbyownersordevelopers ofvacant property proposed to be developed, ownersofproperty within existing developed areas, registered votersresidingin existingdeveloped areas, ortheCityitselffortheestablishment ofcommunity facilitiesdistrictsto financeauthorizedpublicimprovements ortoprovide authorizedpublicservices whichbenefit or serveexisting ornewdevelopment oracombinationthereof. Acommunityfacilitiesdistrictor an improvement area withinacommunity facilitiesdistrictproposed tobeestablished tofinance public improvements orauthorizedservices toserve newdevelopment maybereferred toas a “Development RelatedCFD.” Eachapplication for theestablishment ofa community facilities districtmustcomply withthe applicable goalsandpoliciescontainedhereinunless theCity Councilexpressly grants anexception tosuchpolicy orpolicies asthey apply toaspecific application. Finding ofPublic Interestor Benefit TheCityCouncilmayauthorize theinitiation ofproceedings toform acommunity facilitiesdistrict to finance authorized publicimprovements ortoprovideauthorized publicservices iftheCityCouncil determinesthatthepublic improvementsto befinancedor public servicesto beprovided or, inthe caseof aDevelopmentRelated CFD, theattributesof thenewdevelopment willprovide, inthe opinionoftheCityCouncil, apublic benefit tothecommunityatlargeaswellasthebenefit tobe derived bythepropertieswithin thecommunity facilities district. Examples ofpublicbenefit tothecommunity atlargemayinclude, but arenot limitedto the following: 1. Construction ofa majorpublic facilitywhichmeetsacommunity need including, but notlimitedto, amajor arterialwhichwillprovidea vitalroadway facilitytoalleviatecongestion, waterstoragefacilities whichwillremedyinadequatefireflow, andstormdrainagefacilities which areapartof thestormdrainage master plan. 2. Provision ofpublic infrastructure sooner thanwouldotherwise be requiredfora 2022/12/06 City Council Post Agenda Page 680 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 3OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: particular developmentproject. 3. Construction of publicinfrastructure toservecommercial orindustrial projects which willexpand the City'semployment and/orsalestaxbase. 4. Provisionof maintenance orotherauthorized publicservicessuchaslandscaping, lighting, stormdrain, floodcontrol oropenspacemaintenancenecessary topromote ormaintain qualityoflifeandpublic safetywithin existing ordeveloping areasoftheCity. Authorized PublicFacilities Improvementsproposed tobefinancedthroughacommunityfacilities districtmust bepublic improvementswhich willbeowned, operatedormaintained bytheCityoranotherpublicagencyor publicutility ortowhichthe Cityisauthorized to contributerevenue. Thetypes of improvements eligible tobefinanced mustserve awhole neighborhood orcommercial orindustrial areaor greater. Such improvementsinclude: 1. Streetsandhighwayssatisfying oneormoreofthefollowing criteria: A. identifiedintheCirculationElementoftheCity ascollectorsorarterials; B. nodirect access byabuttingproperties; or C. minimum daily trafficvolumeof3,500ADT. 2. Sewer lines orothersewerfacilitiesserving aminimum of500singlefamily dwellings orequivalentdwellingunitsor suchotherareaofthe community asthe CityManager, orhisorher designee, maydeterminetootherwisebe consistent withtheintentof these goalsandpoliciestobe locatedwithinauthorized streets andhighways orwithin otherpublic rights-of-wayshown on the masterplanofsewerfacilities. 3. Water mainswithaminimumdiameter of10" orother waterfacilities tobe located withinauthorized streetsandhighways orwithinother public rights-of-wayshownonthemaster plan ofwaterfacilities. 4. Drainage facilities servingaminimumof100acresor such other areaofthe community asthe CityManager, orhis orherdesignee, maydetermine tootherwisebeconsistent withtheintentofthesegoalsandpoliciesordraininganeligiblestreet. 5. Landscaping andirrigation facilities meeting oneofthe followingcriteria: A. Located within theright-of-wayofa street or highwayshown onthe 2022/12/06 City Council Post Agenda Page 681 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 4OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: Circulation Elementofthe City'sGeneral Plan; B. Locatedadjacent toanadoptedscenic route; or C. Locatedwithindedicatedopen space. 6. Reclaimedwaterfacilities serving anareawhichbenefits thearea withintheproposed communityfacilities district. 7. Dry utilitiesservinga minimum of500 single familydwelling units orequivalent dwellingunitsorsuchotherareaof thecommunity astheCityManager, orhisorherdesignee, may determineto otherwise beconsistent withthe intentofthesegoals andpolicies; provided, however, theamountofspecial taxbondproceedsallocabletosuch dryutilitiesmaynot exceedthatamount permitted underFederal taxlawandregulations toensurethetaxexempt statusofintereston the applicable special taxbonds. 8. Grading foreligiblepublic streets; provided, however, grading foraDevelopment RelatedCFDmustmeetoneofthefollowingcriteria: A. Grading withinthevertical planesoftheright-of-way; B. Slopes toCity-ownedopen spaceoropen spaceeasement areas; or C. Offsite roadwaygrading. Ifthecutandfillwithin (A) and (B) donotbalance, thecostofexcavating, haulingand compactingfillinthestreet isauthorized tobefinanced. Ifthere isexcess material in thestreetright-of-way, onlythecostofexcavating andhauling toprivate property withinthedevelopment projectiseligibletobefinanced. The determination ofbalance willbemadeonatotaleligiblestreet grading basis, notonanindividual street basis. 9. Such otherimprovements asmaybeauthorized bylaw andwhich theCityCouncil determines areconsistentwith thepoliciesherein. The CityCouncilshall havethefinaldeterminationastotheeligibility ofanyimprovement for financing, aswellastheprioritization offinancingof suchimprovements. Generally, “in-tract” (e.g., localstreetsorutilities) improvements which serveresidentialdevelopment willnotbeconsidered eligibletobefinancedthrough acommunityfacilitiesdistrict unlessrequested bytheowners or registeredvoters ofan existingresidentialdevelopment toremedyathreat, foundtoexist bytheCity Council, tothepublichealth orsafetyresultingfromanexisting deficiency inpublicimprovements to servesuchexisting development. 2022/12/06 City Council Post Agenda Page 682 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 5OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: Anypublicimprovements proposed tobefinanced throughacommunity facilitiesdistrict mustmeet alldesign andconstruction requirements andstandards asmaybeestablished by theCity. Anypublic improvement, theconstruction ofwhich iscompleted followingtheadoptionof theresolutionof formation ofacommunity facilities district, proposed tobeacquiredbytheCityfrom theowneror developer ofpropertywithinaDevelopment Related CFDmustbeconstructed asifsuch improvementshadbeen constructedunderthedirectionandsupervision, orundertheauthority of, the City. Publicimprovements proposed tobeacquired from theproceeds ofspecial taxbonds orspecial taxes shall notbeacquireduntilallimprovementsforaparticular Project (asdefined below) arecompleted andaccepted by theCityandtheCityManager, orhisorherdesignee, hascertifiedthefinalcostof suchimprovements. Forpurposes ofthisparagraph, a “Project” shallbedefinedas allimprovements withinaparticular street oreasement includingstreet improvements, sewer, drainage, utilitiesand grading andwhichare authorizedto beacquired bythecommunity facilitiesdistrict pursuant to an acquisition andfinancingagreementby andbetween theCity, acting onbehalfofitselfandthe communityfacilitiesdistrict, andthe propertyowneror developerwho isresponsibleforthe constructionofthe publicimprovements (the “'Acquisition/Financing Agreement”). Ifimprovements withinmore than one (1) Project areauthorized tobeacquired through thecommunity facilities district, thentheimprovements within eachProjectmaybe acquired separately as allimprovements withinsuchProjectarecompleted andacceptedbythe Cityand thefinalcostscertified. Each Project establishedfor anycommunity facilitiesdistrictandallimprovementsincluded withineachsuch Projectmust bedescribedintheAcquisition/Financing Agreement for suchcommunity facilities district. If theAcquisition/FinancingAgreement hasestablishedmorethan one (1) Project forany communityfacilities district, theAcquisition/FinancingAgreement mayauthorize thepartialrelease offunds topayforthe acquisitionofeachProjectwhensuch Projectiscompletedand acceptedby the City. TheCityCouncil may, initssole discretion, elect todeviatefromorwaive the foregoing policyinits considerationof theapproval ofanAcquisition/FinancingAgreementfor acommunity facilities districtto authorize thepaymentofthepurchase priceforeach discretecomponent ofaProject, i.e., anindividualimprovement withinaProject suchasasewer line withinaProject which alsoincludes street, water anddrainageimprovements. Inelecting todeviatefromorwaive theforegoing policy, theCityCouncilmaycondition thepaymentofthepurchaseprice fordiscretecomponentsastheCity Council deems necessarytoensure thefinancial integrity ofthecommunity facilities district financing. 2022/12/06 City Council Post Agenda Page 683 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 6OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: Prioritization of PublicImprovements ItisthepolicyoftheCityto givefirstpriority totheprovisionofpublic improvementsbenefitingthe Cityinany communityfacilities districtestablished by theCity. Itissecondarily thepolicyofthe City, inanycommunity facilitiesdistrict established bytheCity, toassist inthe provisionofother publicimprovements tobeowned, operated ormaintained byotherpublicagencies orpublicutilities. AuthorizedPublicServices Publicservicesproposed tobefinancedthroughacommunity facilities districtmayinclude: 1. Maintenance ofparkways, medians andopen space, including butnotlimitedto, maintenanceof walls, fences, trailsystems, pedestrian access systemsandotherfacilitieswithin such openspace, maintenance andpreservationofhabitatwithinsuchopenspace, andbiotaandother formsof monitoringof plants, wildlife, useof wildlifecorridorsandhabitatquality asapartofany suchopenspace maintenance program. 2. Maintenanceofnaturalized drainage andfloodcontrol facilities including, butnot limitedto, channels and detentionanddesiltation basins. 3. Suchotherservicesasmay be authorized by theMello-RoosAct orbyordinance of theCityadoptedpursuant tothecharter authority oftheCityandwhichtheCity Councildetermines areconsistent with thegoalsandpolicies hereinandareinthebestinterest oftheCityandthe residentsandproperty ownerswithinthecommunityfacilities district. Incidental Costs EligibleIncidentalCosts Eligible incidental costswhichmaybefinancedfromtheproceeds ofspecial taxbondsissued fora DevelopmentRelated CFDorthespecial taxlevied within a DevelopmentRelated CFDshall be limitedtothoseincidentalcosts directly related totheimprovements financed fromtheproceedsof suchspecial taxbondsorspecialtaxrevenuesandmayinclude: 1. Usual andcustomary designandengineeringcostsnotto exceedthe following percentages: A. Civilengineering - 7.5% ofthecost oftheimprovements forwhichthe engineering was performed. 2022/12/06 City Council Post Agenda Page 684 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 7OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: B. Soilsengineering - 15% of thecost oftheapplicablegrading. C. Landscape architecture - 10% ofthecostofthe applicable landscaping and irrigation. D. Surveyingandconstruction staking - 2% ofthecombinedcostofthecivil engineeringimprovements andgradingfor theapplicable streetandwet utilities. E. Utilityengineering/coordination - 3% ofthecostoftheapplicable dryutilities. 2. Construction administration and supervisionnottoexceed, inaggregate, 1.75% ofthe totalconstructioncostoftheapplicable publicimprovements. 3. Specialengineeringstudies related to "collector" or "transmission" facilities. Eligibility ofsuchstudiesmustbereviewedandapproved bytheDirectorofDevelopment Services, orhisorher designee. 4. Plancheckandinspectionfees (less anyrefunds). 5. Capacity orconnection feesrelatedsolelytothepublicimprovements beingacquired orconstructed aspermitted undertheMello-RoosAct. 6. Capitalizedinterest onanycommunity facilitiesdistrict specialtaxbondsasauthorized bytheCityCouncilpursuant tothesegoals andpolicies. 7. Costs ofacquisition ofoff-siterights-of-wayand/oreasementsincluding thefollowing: A. Appraisal costs, including titlereports. B. Costs ofpreparingacquisition plats. C. Appraised valueoractualcostofright-of-wayoreasement, whichever isless. D. Legalfeesand costrelatedtoeminent domain proceedings approvedbythe CityAttorney. 8. Reimbursement of fundsadvanced bytheapplicant topayfor (i) preformationcosts and/or (ii) costsofissuance incurredbyoronbehalfoftheCity. 9. Costsofenvironmental review, permitting andmitigation limitedtothespecificpublic improvements proposedtobefinanced through thecommunity facilities district. Unless specified otherwiseabove, the CityManager, orhisorherdesignee, shall review allincidental 2022/12/06 City Council Post Agenda Page 685 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 8OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: coststoensure thatsuch costs arecustomaryandreasonable. Ineligible IncidentalCosts Thefollowing costs arenoteligibletobefinanced from theproceedsofcommunityfacilities district specialtaxbonds: 1. Development impact fees; provided, however, the CityCouncilmay, in itssole discretion, grantcreditin anamountnottoexceedthe obligationforthe paymentofsuchfees if improvementswhich would otherwise befinancedfromthe proceeds ofsuchfeesarefinancedfrom theproceedsofcommunityfacilitiesdistrict specialtaxbondsorspecial taxes. 2. Administrative oroverheadexpenses, financial orlegal feesincurred byan applicant for theformation ofacommunity facilities district. Thislimitation doesnotapply toamounts advanced bytheapplicant totheCitypursuant totheprovisions ofthispolicy topayforpreformation costsincurred bythe City. (See “Preformation CostDeposits andReimbursements” below.) 3. Landuseplanning andsubdivision costsandenvironmental reviewcostsrelated to suchland useplanningandsubdivision. 4. PlanningStudies unlessoff-site. 5. Environmental impact reports unlessoff-site. 6. Construction loaninterest. 7. Subdivision financialanalysis. 8. Attorneys’ feesrelated totheland useentitlement or subdivision process unless off- site. 9. Onsiteright-of-wayandeasements. 10. Anycompensation payable totheCityasconsideration for theCity'sagreementto provide thefinancing mechanism forthe financing ofthe authorized improvements and eligible incidentalexpenses and toacquiretheauthorized improvements pursuanttothetermsandconditions ofanagreement withtheCityandtheproperty ownerordeveloper as appropriate. 11. Otheroverhead expensesincurredbytheapplicant. RequiredValue-To-DebtRatio Itisthepolicy oftheCity thatthevalue-to-debtratio foracommunityfacilities districtmustbeat 2022/12/06 City Council Post Agenda Page 686 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 9OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: least4:1. Thecalculated value-to-debt ratioshallreflect thefullcash valueof thepropertiessubject tothelevyofspecialtaxes, includingthevalueoftheimprovements tobefinanced fromtheproceeds of theissueorseries of specialtaxbondsfor whichthevalue-to-debtratioisbeingcomputed, comparedto theaggregate amountofthespecial taxlienproposed tobecreated plusanypriorfixed assessment liensand/or special taxliens. Therequiredvalue-to-debtratioshallbedetermined with respect toalltaxablepropertywithin thecommunity facilitiesdistrictintheaggregate andwith respecttoeachdevelopment areaforwhich nofinalsubdivision maphasbeenfiled. Acommunityfacilitiesdistrictwith avalue-to-debtratiooflessthan4:1butequaltoorgreater than 3:1maybeapproved, inthe solediscretionofthe CityCouncil, upona determination bytheCity Manager, afterconsultation withthe FinanceDirector, the bondcounsel, the underwriter andthe financial advisor, that avalue-to-debtratiooflessthan 4:1isfinancially prudent under the circumstancesoftheparticularcommunityfacilities district. Inaddition, the CityCouncil may, in its solediscretion, accept aformorforms ofcreditenhancement such asaletterofcredit, bondinsurance ortheescrow of bondproceeds to offsetadeficiencyintherequiredvalue-to-debtratioasitappliesto thetaxableproperty within the community facilitiesdistrict inthe aggregateorwithrespecttoany developmentarea. Thevalue-to-debtratio shallbedetermined basedupon thefullcashvalueoftheproperties subject to thelevyofthe special taxasshown onthead valorem assessment rolloruponan appraisalofthe properties proposedtobeassessed; provided, however, theCity Manager mayrequire that thevalue- to-debtratio bedeterminedby anappraisal if, inhisor herjudgement, theassessedvaluesofthe properties proposed tobeassessed donotreflectthecurrent fullcash value ofsuchproperties. The appraisal shall be coordinatedby, done under thedirectionof, andaddressed totheCity. The appraisal shallbeundertaken bya statecertified realestateappraiser, asdefined inBusiness and ProfessionsCodeSection 11340. Theappraisershallbeselected andretainedbytheCityortheCity's financial advisor. Thecostsassociated withthepreparation oftheappraisalreportshall bepaidbythe applicantforthecommunity facilities district and shallbesubjectto possiblereimbursement as provided forherein. Theappraisal shallbe conductedinaccordance withassumptionsand criteria established by theCity, basedupon generallyaccepted appraisalstandards orstate recommended standards forsimilar appraisalsconducted forthesamepurpose. TheCityreservestherighttorequireamarket absorption studyfor anyDevelopment RelatedCFD. In anysuchcasetheCity shallretain, attheapplicant'ssoleexpensebut subjecttoreimbursement as provided forherein, aconsultant to prepareareportto verifyorestablish theprojectedmarket absorptionfor andtheprojected salespricesof theproperties proposed tobeincluded withinthe 2022/12/06 City Council Post Agenda Page 687 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 10OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: community facilitiesdistrict. Ifamarketabsorptionstudyisconducted, theappraisershallutilize the conclusionsofthemarketabsorptionstudyin conducting theappraisal oftheproperties within the proposedcommunity facilities districtorshalljustify, tothesatisfaction oftheCityManager, why suchconclusions werenot utilized inconducting suchappraisal. CriteriaforAppraisals Definition ofAppraisal Forpurposes ofthesegoals andpolicies, anappraisal shallmeanawritten statementindependently and impartially prepared by aqualifiedappraisersettingforth anopinionofdefinedvalue ofan adequately described property asofaspecificdate, supported bythepresentation andanalysisof relevant marketinformation. ContentsoftheAppraisal Anappraisal shouldreflect nationally recognized appraisal standards, including, totheextent appropriate, theUniformStandards ofProfessional Appraisal Practice. Anappraisalmustcontain sufficient documentation, including valuation dataandtheappraiser'sanalysis ofsuchdata, tosupport theappraiser'sopinionofvalue. Ataminimum, the appraisal shall containthefollowing: 1. PurposeoftheAppraisal. This should include thereasonfortheappraisal, adefinition ofallvalues required, andthepropertyrightsbeingappraised. 2. Area, CityandNeighborhoodData. Thesedata shouldinclude suchinformationas directly affectsthe appraised property together withtheappraiser'sconclusions astosignificant trends. 3. PropertyData. Thisshould includea detailed physical description oftheproperty, its size, shape, soilconditions, topography, improvements, andotherphysical characteristicswhich affect thepropertybeingappraised. Theavailability, capacityof, andproximityto, utilities andother infrastructure should alsobediscussed. 4. TitleCondition. Thecondition oftitle totheproperty appraised should bediscussed basedupontheappraiser’sexamination ofa titlereport ofthe propertyappraised. Theappraiser should analyze anddiscuss those titleissueswhichareconcluded toimpact thevalueoftheproperty being appraised. 5. Improvement Condition. A. Theappraisershallvaluetheproperty withinthecommunity facilities district 2022/12/06 City Council Post Agenda Page 688 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 11OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: on an “as-is” basis takingintoconsiderationthevalue associatedwiththe publicimprovements tobefundedfromtheproceeds oftheissueof bondsfor whichthe appraisalis beingundertaken. Thepropertyinthecommunity facilities districtshallbevalued asifitwere freeandclearofanyspecial taxes andassessments, ifany, so thataproper comparisonofvalue-to-debtcanbe determined. Indetermininghisorherconclusion ofvalue, theappraiser may considerthe value oftheproperty inthecommunity facilities districtunder differentmarket conditions. Thismay consistofvaluing thepropertyasifit weresoldtoasingle purchaser inbulkorsoldtoseveralpurchasers inportions orpieces. B. Land parcels which have been developed withresidencesandsubsequentlysold should ataminimum indicate landparcel size, numberoflots, density, number ofplans, square footage, roomcounts, yearconstruction wasinitiated, yearof completion, andwhensaleswere initiated. C. Land parcelswithresidential product underconstruction orwithstanding inventory should bedescribedasinA. aboveandincludeasummary of the stageof development regarding thenumber ofunitscompleted, number of models, statusofunitsunder construction, finishedlotsandmass-gradedor raw lots. In addition, a commenton themarketability ofthe units (architecture, size, etc.) isappropriate. D. Landparcels whichhave beendevelopedwithincome-producing (orowner- occupied) commercial/retail, industrial, hotels, apartments, offices, etc., should bedescribedasfollows: i. Commercial-Retail - Landparcel size; basicconstruction type; typical tenantimprovements (andwhoisresponsiblefortheirconstruction); leasable area, whenconstructionwasinitiated; anddateofcompletion. ii. Industrial - Landparcel size; basic construction type, whethersingleor multi-tenant; typicaloffice build-outaspercentageof totalarea, when construction wasinitiated; anddateofcompletion. iii. Hotels – Landparcel size; basic constructiontype; numberofrooms; dining, recreation, convention space, meeting rooms, andother amenities. 2022/12/06 City Council Post Agenda Page 689 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 12OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: iv. Apartments - Land parcel size; basic construction type; numberof stories; numberofunits; unitmix; size; totalrentablearea, when construction wasinitiated; anddateofcompletion. v. Office - Land parcelsize; basic construction type; typicaltenant improvements/allowance; netrentablearea, whenconstructionwas initiated; anddateofcompletion. 6. General PlanClassification. DescribetheGeneralPlan classification ofthesubject and comparable properties. 7. Zoning. Describe the zoningforthe subject and comparable properties. Noteany discrepancybetween General Plan classification andzoning. Ifrezoning isimminent, discussfurther under Item 8below. 8. Analysis ofHighest andBestUse. Thereport shouldstate andsupport thehighest and bestusetowhichaproperty canbeputand recognizethatland isappraised asthoughvacantand available fordevelopment toitshighest andbestuse, andtheimprovements arebased ontheir actual contributiontothesite. 9. StatementofValue. Theappraiser'sopinion ofthevalueofthespecified property rights, preparedaccording toallrelevant and reliable approachestovalue consistentwithcommonly accepted professionalappraisal practices. Ifadiscountedcashflow analysisis used, itshould be supported byatleastone othervaluationmethod suchassalescomparison approachutilizingsalesof properties thatarein thesamestageofdevelopment. Ifmorethanonevaluation approach isused, the appraiser shallinclude ananalysisand reconciliation ofsuch approaches tosupport theappraiser's opinionofvalue. 10. Certification. Certification ofappraiserandpermission toreproduce andusethe appraisal report asrequired forbondissuance. Maximum Aggregate Taxesand Assessments Itisthepolicy of theCity thatthemaximum annualspecialtax installment applicable toanyparcel usedforresidential purposes (notincluding motels, hotels, campsites, orothershort-termlodging, as determinedby theCity) shallnotexceed onepercent (1%) ofthesalepriceofnewlydeveloped properties subjecttothelevyofthespecialtax (the “Newly Developed Properties”) asofthe dateof theclose ofescrowoftheinitial saleofanyresidentialdwellingunittosuch residentialhomeowner. Asa distinctand separate requirement, thetotal ofthefollowing taxes, assessments describedin4. 2022/12/06 City Council Post Agenda Page 690 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 13OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: belowandspecialtaxesappearing onthepropertytaxbill, shallnotexceed two (2%) ofsuchinitial salesprice ofNewlyDevelopedProperties: 1. Advaloremproperty taxes. 2. Voterapproved advaloremproperty taxes inexcess ofone percent (1%) of the assessed valueofthe subjectproperties. 3. Themaximumannual specialtaxesleviedbythecommunity facilitiesdistrict under consideration and anyother communityfacilities district orother publicagency excepting therefrom specialtaxes leviedbyacommunityfacilities districtformedorunderconsideration forformation for the purposeofprovidingservicessuchasopen spacemaintenance, landscape maintenanceand preservemaintenance. 4. Theannualassessment installments, including anyadministrativesurcharge, forany existingassessment district wheresuchassessment installments areutilizedtopay debtservice on bondsissued for suchassessmentdistrict. Annual assessmentinstallments for maintenanceand services shall notbeincluded inthe assessmentscalculated indetermining the aggregate tax, assessment andspecialtaxobligationforaparcel. Theapplicantfortheestablishment ofanyDevelopmentRelated CFD whichincludesresidential development subjecttotheforegoing limitationsshallberequired to enter intoanagreement withthe Cityorthecommunity facilities districtrequiringtheprepaymentbytheapplicantofthat portionof thespecial tax obligation applicable toanyparcelused for residential purposes inorder toreduce the annualmaximum special taxobligation sothatthemaximum annual specialtax installment shallnot exceed1% ofthesalespriceforsuchparcelandthetotaltaxes, assessments andspecial taxesdoes notexceed 2% ofsuchsalesprice. SpecialTaxRequirements Therateand methodofapportionment ofthespecial taxforanycommunity facilities district shall adhere to thefollowingrequirements: 1. Themaximumspecial taxshall beadequate toinclude anamount necessarytopayfor theexpenses incurredbysuchcommunity facilities district inthelevyand collection ofthespecial tax andtheadministrationofthespecial taxbondsand thecommunityfacilitiesdistrict. 2. Themaximumprojectedannual specialtaxrevenues mustequal110% oftheprojected annualgrossdebtserviceonany bondsofthecommunityfacilitiesdistrict. 2022/12/06 City Council Post Agenda Page 691 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 14OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: 3. Abackupspecial taxshallbe requiredforany DevelopmentRelated CFDto protect against changes indensity resultinginthe generationofinsufficient special tax revenues topay annualdebtserviceandadministrative expenses, unlesstheCityManager, orhisorherdesignee, basedontheadviceofthefinancialadvisor, special taxconsultant orunderwriterdetermines thata backupspecial taxisnotneeded under thespecial taxformula forsuchDevelopmentRelated CFD. TheCityCouncilmay additionally oralternativelyrequirethatasacondition ofapprovalof the downsizingofthedevelopment inaDevelopment RelatedCFDat therequest of theapplicant or the applicant'ssuccessor-in-interest, theapplicant ortheapplicant's successor-in-interest, asapplicable, may berequired toprepay suchportionofthespecial taxobligation asmay benecessaryinthe determinationoftheCity toensurethatadequate debtservicecoverage existswithrespect toany outstanding bondsorotherwiseprovidessecurityinaformandamount deemednecessary bytheCity Council toprovide forthe payment ofdebtserviceon thebonds. 4. Alldevelopedandundeveloped propertywithinanycommunity facilitiesdistrict whichisnototherwise statutorilyexemptfromthelevyof specialtaxes shallbearitsappropriate shareofthecommunityfacilities district’saggregatespecial tax obligation fromthe dateof formation ofthecommunity facilitiesdistrict consistentwith theothergoalsandpolicies setforthherein. 5. Apartialand/or totalprepayment optionshallbeincludedinanyrateandmethodof apportionment ofspecial taxestopay forpublic facilities. Noprepayment shallbepermitted ofa specialtaxlevied tofinance authorized servicesand/ormaintenance. 6. Themaximumspecialtaxtopayforpublic facilitiesshallbelevied against anyparcel used forprivateresidential purposes inthefirst fiscalyearfollowingthefiscal yearinwhich the buildingpermitfor theconstruction ofaresidentialdwelling unitonsuch parcel isissued andsuch maximumspecial taxmaynotescalateafterthefirstfiscalyearinwhichsuchspecial taxissolevied. 7. Therateandmethod ofapportionment ofaspecial taxtopayforpublic facilitiesshall specifyafiscal yearbeyond whichthespecialtaxmay notbeleviedon anyparcelusedforprivate residential purposes. Aspecialtax topayforpublicservices and/ormaintenanceshallhaveno termination dateunless established bytheCityCouncil. 8. Therateand methodofapportionmentof aspecialtax topayforpublic servicesand/or maintenanceshallinclude life-cyclereplacement costsformaintained facilities, as determined bythe CityManager, orhis orherdesignee. 9. Therate andmethodof apportionmentofaspecialtax topayforpublic servicesand/or maintenance shallauthorize annualinflationary adjustments to themaximum special tax. The 2022/12/06 City Council Post Agenda Page 692 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 15OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: authorized adjustments shall bebasedupon industry standard published indices, orsuchother dataas maybeapprovedbytheCityManager, orhisorherdesignee. Inall instances, itshallbe thepolicyof theCitytoemploythemostspecificapplicableindex. Examples includeapplying theConsumer Price IndexforUrbanWage Earners andClericalWorkers tolaborcosts andapplying the ConstructionCostIndex toassetreplacementcosts. Terms andConditionsofSpecial TaxBonds Alltermsandconditions ofanyspecial taxbonds issuedby theCityforanycommunity facilities district, including, withoutlimitation, thesizing, timing, term, interestrates, discount, redemption features, flowoffunds, investment provisions andforeclosurecovenants, shallbeestablished bythe City. Each special taxbondissue shall bestructured toadequately protect bondowners andtoavoid negatively impacting thebonding capacity orcreditworthiness oftheCity. Unlessotherwise approvedbytheCityCouncil, the followingshall serveasminimum bondrequirements: 1. Areserve fundshallbeestablished foreach bondissueto befunded outofthe bond proceeds inanamountequal to10% oftheoriginal proceeds of thebondsorsuch lesseramountas mayberequiredbyfederaltaxlaw. 2. Interest shallbecapitalized fora bond issueonlysolongasnecessarytoplacethe special taxinstallments ontheassessment roll; provided, however, interest maybecapitalizedfora termtobeestablished inthesole discretionofthe CityCouncil onacase-by-casebasis, nottoexceed anaggregate of24 months, takinginto consideration thevalue-to-debtratio, theexpected timingof initial occupancydatesfortheprivate improvementsbeingconstructed, expected absorption and buildout of theproject, theexpectedconstruction andcompletion schedule forthe public improvements tobe funded fromtheproceedsofthe bondissue inquestion, thesizeof thebondissue, thedevelopmentpro forma andthe equityposition ofthe applicantandsuchother factorsastheCity Councilmaydeemrelevant. 3. Ininstances wheremultipleseries ofbondsare tobeissued, theCityshalldetermine whatimprovements shall befinanced fromtheproceedsofeach seriesofbonds. 4. Neither thefaith, creditortaxing poweroftheCityshallbepledgedtothepayment of thebonds. The solesourceofrevenue forthepayment of thebondsshallbethespecialtaxes, capitalized interest, ifany, andmoneys ondeposit inthereserve fund establishedforsuchbonds. Discharge ofSpecial TaxObligation 2022/12/06 City Council Post Agenda Page 693 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 16OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: ItisthepolicyoftheCitythatthespecialtaxobligation related tothefinancingof theacquisitionor construction ofpublicimprovementsmaybeprepaid anddischargedin wholeorinpartat anytime. Theapplicantfor theformationofaDevelopment Related CFD mustprovide noticeandopportunity forthepurchasers ofproperty within suchcommunityfacilitiesdistricttoprepay thespecial tax obligation applicableto suchproperty atthe timeof thecloseofescrow. Theapplicant forthe formationofa DevelopmentRelatedCFDmustprepareand present aplan, satisfactoryto the CityCouncil, priortothe public hearing toconsiderthe formationofsuch community facilities districtdescribing howtheprospective purchaserwillbenotified ofthe existenceofthespecialtaxlienandtheoptions whichtheprospective purchaser hasregarding the prepaymentanddischargeofthespecialtaxobligation. Disclosureto Property PurchasersinDevelopmentRelated CFD's Theapplicantfortheformation ofaDevelopmentRelatedCFDwillberequired todemonstrate tothe satisfactionofthe CityManager (when thetermCity Managerisusedherein itshallmeanthe City Manager orhisorherdesignee) thattherewillbe fulldisclosureofthespecialtaxobligation forsuch community facilitiesdistrict andofanyandallotherspecial taxesorassessments onindividual parcelsto prospective purchasers or lessees of propertywithin suchcommunityfacilities district, including interimpurchasers, merchant builders, residential homeownersandcommercial orindustrial purchasersorlessees. Suchnoticemust includeallof thefollowing inaddition to suchotherprovisions asmay berequired bytheMello-RoosAct, theMunicipal CodeoftheCityortheapplicant maydeemnecessary: 1. Provide forfulldisclosure oftheexistenceofthespecial taxlienandany other assessment orspecial taxobligation applicable to theproperties withinthecommunity facilities district (whether imposedbythe Cityoranyotherpublicagency), including the principalamount of thespecialtaxobligation and anyotherapplicableassessment orspecial taxobligation, term ofeach oftheassessment orspecial taxliensandtheamountoftheexpectedpayments ofthespecial taxes andthemaximum authorized special tax. 2. Disclosetheoptiontoprepaythespecial taxtopay forpublicfacilitiesorallow the specialtaxtopayforpublicfacilities tobepassedthroughto thepurchaserof suchpropertyand the adjustment, ifany, inthe salespriceofthehomesorother property whichwill apply ifthe specialtax lienispassedthrough. Provide theabilityfortheprospective purchasertoelecttoexercise theoption eitherto prepaythe specialtax obligation forfacilitiesat thecloseof escrowor tohavethe special taxesincluded intheproperty taxesfortheproperty. Suchdisclosure shallbeplaced inallsales 2022/12/06 City Council Post Agenda Page 694 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 17OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: brochures, allotheron-siteadvertisingandallpurchasedocuments. 3. Specify inalldisclosure documents thename, title, telephonenumber andaddress ofa representative oftheCityasprovided totheapplicantwhomaybecontacted byanyprospective purchaserofproperty withinthecommunity facilitiesdistrictforfurtherinformation regarding the community facilities districtandthespecialtaxliens. Theapplicant mustagreetoprovideanoriginalcopy ofallapplicable disclosuredocuments tothe Citypriortoinitiatingpropertysales. Preformation Cost DepositsandReimbursements Except forthoseapplications forcommunity facilities districtswhere theCity istheapplicant, allCity and consultantcostsincurredintheevaluation ofapplications andthe proceedings toforma communityfacilities districtand issue special taxbondsthereforwill be paidbytheapplicantby advancedeposit withtheCityofmoneys sufficienttopayallsuchcosts. Each application fortheformation ofacommunityfacilities district shall beaccompanied byaninitial deposit inanamounttobedetermined bytheCityManagertobeadequate tofundtheevaluationof theapplication andundertake the proceedingstoformthe communityfacilities districtandissuethe specialtaxbonds therefor. TheCityManager may, inhisorhersolediscretion, permitanapplicant to makeperiodicdeposits tocoversuch expensesrather thana single lumpsumdeposit; provided, however, nopreformation costsshall beincurred bytheCityinexcess oftheamount thenon deposit for suchpurposes. Ifadditionalfundsare required topayrequired preformation costs, theCity Manager maymake writtendemand upontheapplicant for suchadditional fundsandtheapplicant shall depositsuchadditional fundswiththeCitywithin five (5) working daysofthe dateofreceipt of suchdemand. Upon the depletionofthefundsdepositedbyapplicant forpreformation costs, all proceedings shall besuspended untilreceipt bytheCityofsuchadditional funds astheCityManager maydemand. Thedeposits shallbeusedbytheCitytopayforcostsandexpenses incurred bythe Cityincident to theevaluationoftheapplication andtheproceedingsfortheformationofthecommunity facilities district and theissuance ofthe specialtaxbondstherefor, including, butnot limited to, legal, special taxconsultant, engineering, appraisal, market absorption, financialadvisor, administrative andstaff costsandexpenses, required notifications, printing andpublication costs. TheCityshall refund anyunexpended portion ofthe deposits upontheoccurrence ofoneofthe following events: 2022/12/06 City Council Post Agenda Page 695 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 18OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: 1. Theformation of thecommunity facilities districtortheissuanceof thespecial tax bonds; 2. Theformation of thecommunity facilities districtortheissuanceof thespecial tax bondsisdisapprovedbytheCityCouncil; 3. Theproceedingsfor theformationofthe communityfacilities districtandtheissuance ofthespecial taxbonds areabandoned atthewritten requestoftheapplicant; or 4. TheCityhasdetermined thatthespecialtaxbonds willnotbe issued andsold. Except asotherwiseprovidedherein, theapplicant shall beentitled, attheoptionoftheapplicant, to reimbursement of, orcreditagainst, specialtaxesfor allamountsdeposited withtheCitytopayfor costs incident totheevaluation oftheapplication andtheproceedingsfor theformation ofthe community facilities district andthe issuance of thespecialtaxbondsthereforupontheformationof thecommunity facilitiesdistrictandthesuccessfulissuanceandsaleofthespecialtaxbondsfor the community facilities district. Anysuch reimbursementshallbepayablesolelyfrom theproceeds of thespecial taxbonds. TheCityshallnotaccrue orpayinterest onanymoneys deposited withtheCity. Selection ofConsultants TheCityshall select andretainallconsultants necessaryforthe evaluationofany application andthe proceedings fortheformation ofacommunity facilitiesdistrict andthe issuanceofthespecial tax bonds therefor, including, butnot limited to, special taxconsultant, bondcounsel, financialadvisor, underwriter, appraiser, andmarket absorptionanalystafterconsultationwiththeapplicant. LandUseApprovals Properties proposed tobeincludedin aDevelopmentRelated CFDmusthave received such discretionary landuse approvalsas may, inthedeterminationof theCity Manager, orhisorher designee, benecessary toenable theCitytoadequately evaluate thecommunityfacilities district includingtheproperties to beincluded andtheimprovements proposedtobe financed. TheCitywill issuebonds securedbythelevyofspecial taxes within a Development RelatedCFDwhen (i) the properties included withinsuchcommunity facilities district havereceived thoseapplicable discretionary landuseapprovalswhichwould permitthe development ofsuchproperties consistent withtheassumptions utilizedinthedevelopment of therateandmethod ofapportionment ofthe specialtaxesforsuchcommunityfacilities district; (ii) applicable environmental review has been 2022/12/06 City Council Post Agenda Page 696 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 19OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: completed; and (iii) the Cityhasdetermined thattheother prerequisites toabondsale havebeen satisfied. ItisthepolicyoftheCityCouncil ingranting approval fordevelopment suchaszoning, specificplan orsubdivision approval tograntsuch approvalasapartoftheCity’songoing planningandlanduse approvalprocess. Ingrantingsuchapproval, theCity reserves suchrightsasmaybepermittedbylaw tomodify suchapprovals inthefutureastheCityCouncildetermines thepublic health, safety, welfare andinterestmayrequire. Such approval when grantedissubjectto aconditionthatthe construction ofanypartofthedevelopmentdoes not, standing alone, grantanyrightsto completethe development of theremainderofsuch development. Constructionof publicimprovementstoserve undeveloped landfinanced throughacommunityfacilities districtshall notvestanyrightstothe then existing landuseapprovalsforthepropertyassessedforsuchimprovementsor toanyparticular level, typeorintensityofdevelopment oruse. Applicants foraDevelopmentRelatedCFD mustinclude an expressacknowledgment ofthispolicy and shallexpresslywaive ontheirbehalfandonbehalfof theirsuccessors andassigns anycauseofactionatlaworinequity including, butnotlimited to, takingordamaging ofproperty, forreassessment ofpropertyordenialofanyrightprotected byUSC Section1983which mightbeapplicable to theproperties tobe assessed. ApplicationProcedureforDevelopment RelatedCFD's Anyapplication fortheestablishment ofacommunity facilitiesdistrictshall contain suchinformation andbe submittedinsuchformastheCityManagermayrequire. In additiontosuch information as theCityManager mayrequire, eachapplicationmust contain: 1. Proof ofauthorization tosubmit theapplicationonbehalf oftheowneroftheproperty forwhich theapplication is submittediftheapplicant isnottheowner ofsuchproperty. 2. Evidencesatisfactory totheCity Manager thattheapplicantrepresents orhasthe consentoftheowners ofnotlessthan67%, byarea, ofthepropertyproposed tobesubject tothelevy ofthespecial tax. 3. ForanyDevelopmentRelatedCFDproposedtofinanceimprovements tobenefitnew development, a businessplanfor thedevelopment of theproperty withinthe proposed community facilities districtandsuchadditionalfinancial informationastheCityManager maydeemnecessary toadequately reviewthefinancial feasibility ofthecommunity facilitiesdistrict. ForDevelopment RelatedCFD’sproposed tofinance improvements tobenefitnew development, the applicant must demonstratetothesatisfaction oftheCityManager theability oftheowneroftheproperty proposed tobedeveloped topaythespecialtax installmentsforthecommunity facilitiesdistrict andanyother 2022/12/06 City Council Post Agenda Page 697 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 20OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: assessments, special taxesandadvalorem taxesonsuchpropertyuntilfullbuildoutoftheproperty. ItistheintentionoftheCityCouncilthatapplicants fora community facilitiesdistrict haveanearly opportunitytohavethe application reviewedbyCity staffforcompliance with thispolicy. Inthat regard, theCityCouncilhereby directs theCityManager to createacommunityfacilities district application reviewcommitteecomposed oftheCityAttorney, Director ofPublic Works, City Engineer, Director ofDevelopmentServices, and FinanceDirector, or theirdesignees, andsuch additionalpersons astheCityManagermaydeem necessary. The committee may meetwiththe applicantforacommunity facilitiesdistrictforthepurposeofreviewinganapplication toforma communityfacilities district following thedeterminationbythe CityManager, or hisor herdesignee, thattheinformation containedintheapplication forsuchcommunity facilitiesdistrictcomplies with therequirementsofthis policy. Following thereview of suchanapplication, the committee shall prepareandsubmitareporttothe CityManager containing thefindingsandrecommendations ofthe committee regarding theapplication. Following review ofthecommitteereport, theCityManagershallplacetheapplicationontheCity Council agenda forreview. Afterreview of theapplication andconsideration of thecommittee report, theCityCouncil shalldetermine whetherornottoapprove theinitiation ofproceedings toformthe community facilitiesdistrict. Thedecisionof theCity Councilpertaining to theapplicationshallbe final. Theability ofa property owner ordeveloper toobtain financingof public improvements fromthe proceeds oftax-exemptbondsprovidessubstantialeconomicbenefits tosuch ownerordeveloper not theleastofwhich maybethefinancingof suchimprovementsat interestratessubstantially lowerthan conventional financing interestrates, if suchconventional financing isavailable, and/ortheability to obtainfinancing withoutproviding equitycompensation tothelender. Inprovidingsuch financing for aDevelopment Related CFDthe CityCouncilbelievesthattheCityisproviding valuable considerationtotheproperty ownerordeveloper andshouldbereceiveconsideration inexchange. It isthegoaloftheCityto ensurethatthe Cityand theremainder ofitsresidents, property owners and taxpayers arecompensated fortheconsideration provided totheproperty ownerordeveloperof a Development Related CFDandthatsuchcompensation should beone percent (1%) ofthe total authorizedbonded indebtedness forsuch acommunity facilities district. Priortotheissuance of specialtax bondsforanyDevelopmentRelated CFD, theapplicantshallpaytotheCitythepro rata amountofanycompensationpayable totheCityasconsideration forthe City'sagreement toprovide thefinancingmechanism forthefinancingoftheauthorizedimprovements andeligible incidental expensesandtoacquiretheauthorized improvements pursuanttothetermsand conditionsofan 2022/12/06 City Council Post Agenda Page 698 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 21OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: agreement betweentheCity andtheproperty ownerordeveloper asappropriate. Forexample, ifthe compensation payabletotheCityforsuchconsideration is $100,000foraDevelopment RelatedCFD wherethetotalauthorized bonded indebtedness is $10,000,000andtheseries ofspecial taxbonds to beinitiallyissuedis $5,000,000, thecompensationpayable totheCity prior totheissuance ofthe initialseries ofbondswillbetheprincipal amount ofthe initialbond issue ($5,000,000) divided by the totalamountoftheauthorized bonded indebtedness ($10,000,000) multiplied bythetotal compensation forsuch Development Related CFD ($100,000). Inthisexample, thecompensation payable priorto theissuanceof thefirstseriesof bondswouldbe: 5,000,000 100,000=$50,00010,000,000 Community FacilitiesDistricts forEnergy Efficiency, Water Conservation, andRenewable EnergyImprovements Introductory Statement Senate BillNo. 555 (Statutes2011, Chapter493) amended theMello-RoosActtoauthorizetheuseof community facilities districts forfinancing energyefficiency, waterconservation, and renewable energyimprovements toprivatelyorpubliclyownedreal property andbuildings. Inparticular, Senate BillNo. 555addedsection53328.1totheMello-RoosAct, thereby authorizing special taxesto beleviedonlywiththeunanimous consent ofallowners ofpropertytobe taxedby suchadistrict. Inlightofthelegislativefindingsinsection8ofSenateBill No. 555, the CityCouncil maydetermine toestablishoneormoreprograms through which theCitymayusesection 53328.1 oftheMello-Roos Act andtherelatedprovisionsaddedtotheMello-RoosAct bySenate Bill No. 555toprovide special taxfinancingforimprovements and properties thatmeet thecriteria setforthinthehearingreport prepared inconnection withtheestablishment ofanysuch program (eacha “Program”). TheCity willadminister eachProgramorcontract withathird-partytoadminister suchprogram (a “Program Administrator”). Withrespecttofinancings donethroughaProgram, the goalsandpolicies setforthinthissection, as such goalsandpoliciesmay beamendedfrom timetotime, supersede anyother goalsandpolicies adopted by theCityconcerningtheuseoftheMello-RoosAct. 1. EligibleImprovements. Aprogrammay beused tofinance orrefinance the acquisition, installation, andimprovement ofenergyefficiency, waterconservation, andrenewable 2022/12/06 City Council Post Agenda Page 699 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 22OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: energyimprovementsonrealproperty andin oronbuildings, whethertherealpropertyorbuildings areprivatelyorpubliclyowned, subject tothefollowing: A. Forprivately owned realpropertyand buildings, eachownermustconsent in advance tothefinancing, inwriting. B. Financingthrough aProgramisnot availablefortheinitialconstructionof privately-ownedresidential buildings unless thatinitialconstruction is undertaken by theintended owneror occupant. TheCityisnotestablishing anyprioritieswithrespectto thefinancingof Eligible Improvements. Priority forfinancingshallbeconsideredon acasebycasebasisasdetermined bytheCityorthe applicable ProgramAdministrator in accordance withthehearing reportprepared inconnection with therelated Program, asamended ormodifiedfromtimetotime (each a “HearingReport”). No services (asdefinedbyGovernment CodeSection 53313) willbefinanced through anyProgram. 1. NoticetoProspectiveOwners. Toensure thatprospective purchasers ofproperty subjecttoaspecial tax leviedthrougha Program arefullyinformedaboutthetax, therelated Program Administratorwillrecordanotice ofspecial-taxlienforeachparticipating property asrequiredby the Mello-Roos Act andwillprovidetheseller ofeachwithadisclosure noticethatsatisfiessection 53340.2oftheMello-RoosActandCaliforniaCivilCodesection1102.6b. 2. Financing Limits. Foreach property. the minimum fundingrequestand maximum amountfinanced shallbedeterminedinaccordance withtheHearing Report. It isnotexpectedthat theCitywillissue bondsinconnection withanyProgram. IftheCityissuesbondsinconnectionwith aProgram, theCitywill establishpoliciesconcerning thecredit quality ofsuch bonds onacaseby casebasis. 3. Underwriting RequirementsforFinancings. For eachproperty, thefinancing of EligibleImprovementsonthatpropertymust meettheeligibility requirements setforthintheHearing Report. TheHearing Reportmaybeamended or modified fromtimeto timeas specified thereinor theCityCouncil maywaiveormodifyany requirementintheHearing Report onacase bycasebasis. 4. MaximumAnnual Special Tax. Thetotalannualaggregate amount ofproperty taxes andassessmentsoneach propertythatparticipates inaProgram, including thespecial taximposed throughsuch Program maynotexceed fivepercent (5%) ofthevalue oftheproperty. Thevalue of theproperty will bederived from theassessedvalue, theappraised value, oranestimate ofvalue basedupon data supplied byareputable realestate information service. Ifappraisals areusedto determinevalueforany purpose ofaProgram, thedefinitions, standards, andassumptions tobeused 2022/12/06 City Council Post Agenda Page 700 of 1285 COUNCIL POLICY CITYOF CHULAVISTA SUBJECT: StatementofGoalsandPoliciesRegarding POLICY EFFECTIVE EstablishmentofCommunity Facilities NUMBER DATE PAGE Districts 505-04 4/9/2019 23OF23 ADOPTED BY: Resolution No. 2019-051 DATED: 4/9/2019 AMENDEDBY: insuch appraisals shallbedetermined ona casebycasebasisby theCityortherelated Program Administrator. 5. AdministrationCosts. The annualspecial taxforeachpropertythatparticipates ina Program mustbe inan amountsufficient (i) tofinanceorrefinance theEligibleImprovements for suchproperty and (ii) to paytheproperty’spro-ratashare oftheCity’sandtherelatedProgram Administrators coststoadministersuchProgram. 6. MinimumStandards; WaiverandAmendment. Thepolicies setforth inthissection reflecttheminimumstandards underwhichtheCitywillmakeuse oftheMello-Roos Act tofinance EligibleImprovements. TheCitymay, in itsdiscretion, requireadditional measures andprocedures, enhancedsecurityandhigher standards inparticular cases. The Citymay, inits discretion andtothe extentpermitted by law, waiveanyofthepoliciessetforthherein. Such waivers aregrantedonlyby actionoftheCityCouncil. Thegoals andpolicies setforthinthis section may be amended atany time and fromtime totime bythe City. 2022/12/06 City Council Post Agenda Page 701 of 1285 Document2 Include Draft Include Date Include Time #212135 v2 9096.20 ACQUISITION FINANCING AGREEMENT CALIFORNIA MUNICIPAL FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2022-27 (CITY OF CHULA VISTA – SUNBOW) THIS ACQUISITION/FINANCING AGREEMENT (the “Agreement”), dated as of _________ 1, 2022 (the “Effective Date”), is made and entered into by and between the CITY OF CHULA VISTA, a chartered municipal corporation duly organized and validly existing under the Constitution and laws of the State of California, (the “City”), the CALIFORNIA MUNICIPAL FINANCE AUTHORITY (the “Authority”), on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2022-27 (City of Chula Vista - Sunbow), a community facilities district formed and existing pursuant to the laws of the State of California (the “CFD”), and ACI SUNBOW, LLC, a California limited liability company (the “Developer”). WHEREAS, the Developer is the owner of the property depicted in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”) and the Developer, or its successor or assigns, has obtained certain land use entitlements from the City which permit the development of the Property as entitled (the “Development Project”); and WHEREAS, as a part of the development of the Development Project, the Developer, or its successors or assigns, has caused, or may cause to be constructed certain public improvements to serve the Development Project that will be owned, operated or maintained by the City, including the improvements identified in Exhibit “B” attached hereto and incorporated herein by this reference (the “Acquisition Improvements”); and WHEREAS, in connection with the development of the Development Project, certain City capital improvement fees described in Exhibit “B” hereto (the “City Fees”) are required to be paid and then used by the City to pay the costs of constructing or acquiring capital improvements to be owned, operated or maintained by the City (“City Infrastructure” and with the City Fees and Acquisition Improvements, the “Facilities”), including financing costs and program administration costs; WHEREAS, the Developer requested that the City consider and the City did consider authorizing the Authority to form the CFD under the terms and conditions of the “Mello-Roos Community Facilities Act of 1982,” as amended (Government Code Section 53311 and following) (the “Act”), for the purpose of financing the acquisition or construction of the Facilities; and WHEREAS, pursuant to its Resolution Nos. 2021-48, _____ and _____ (the “Resolutions”), the City Council authorized the City’s participation in the Authority’s program, the Authority’s formation of the CFD and the execution of this Agreement; and WHEREAS, on December 6, 2022, the governing board of the Authority adopted Resolution No. _________ (the “Resolution”) forming the CFD, under the provisions of the Act. The Authority is authorized to levy special taxes upon land within the CFD (the “Special Taxes”) in accordance with the Rate and Method of Apportionment of Special Tax approved pursuant to the Resolution, as it may be amended (the “Rate and Method”) and issue bonds (the “Bonds”) in 2022/12/06 City Council Post Agenda Page 702 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 2 one or more series to provide financing for the Facilities to be owned, operated or maintained by the City. The boundaries of the CFD are illustrated on Exhibit “A” hereto; and WHEREAS, in order to proceed in a timely way with development of the Development Project, the Developer, or its successors or assigns, may desire to construct Acquisition Improvements that will, following the completion of the construction thereof, be acquired, owned, operated and/or maintained by the City; and WHEREAS, the City, CFD and Developer agree that any Acquisition Improvements to be constructed by the Developer, or its successors or assigns, may, upon the completion of the construction thereof, be acquired by the City through financing provided by the CFD at prices determined pursuant to and in accordance with the provisions of this Agreement; and WHEREAS, the City and the Developer further agree that the Facilities shall be funded solely from (a) the proceeds of the Bonds which shall be issued by the CFD and which shall be secured by the levy of Special Taxes within the CFD and (b) Available Special Taxes (defined below) levied within the CFD; and WHEREAS, it is the intent of this Agreement that Developer, or its successors or assigns, shall be entitled pursuant to the provisions of this Agreement to be paid for each of the Acquisition Improvements constructed by or on behalf of the Developer, or its successors or assigns, at the prices as determined by the City pursuant to this Agreement upon: (a) the sale and delivery of Bonds by the CFD the proceeds of which shall be authorized and designated to make the payments to acquire such Acquisition Improvements, or the receipt of Available Special Taxes and (b) the completion of the construction of each such Acquisition Improvement; and WHEREAS, the City and CFD are willing to have the CFD finance the Facilities, subject to the requirements of the Act, City Council Policy No. 505-04 (Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts, the “Goals and Policies”) (except those provisions of the Goals and Policies that have been waived in accordance with the Resolutions and this Agreement), and this Agreement and Developer desires that the CFD so finance the Facilities. NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Plans and Specifications. All plans, specifications and bid documents for the Acquisition Improvements (the “Plans and Specifications”) and all changes in the Plans and Specifications necessitated by change orders shall be prepared by the Developer at the Developer’s initial expense, subject to City approval. The costs of acquisition of such Acquisition Improvements shall include costs of the preparation of the Plans and Specifications and all related documentation as set forth in Section 7 below. Developer shall not award contracts for construction, commence construction or cause commencement of construction of any Acquisition Improvement until the Plans and Specifications for such Acquisition Improvement have been approved by the City. 2022/12/06 City Council Post Agenda Page 703 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 3 SECTION 3. Design, Bid and Construction of Improvements. Developer covenants and agrees that each Acquisition Improvement shall be designed, bid and constructed: (a) in substantial compliance with the approved Plans and Specifications for such Acquisition Improvement; (b) in a good and workmanlike manner by well-trained adequately supervised workers; (c) in strict compliance with all governmental and quasi-governmental rules, regulations, laws, building codes and all requirements of Developer’s insurers and lenders; (d) free of any known design flaws and defects; and (e) except as provided below, in substantial compliance with the requirements of Exhibit “D” hereto which is incorporated herein by this reference. In the event of a protest by a bidder to the award of a contract for the construct ion of an Acquisition Improvement or Acquisition Improvements to the apparent low bidder, the Developer may, in its sole discretion, elect to: (a) award the contract to the apparent low bidder pursuant to the provisions of Exhibit “D” hereto if the Developer has determined that the bid of the apparent low bidder was, in fact, responsive and that the irregularity upon which the protest is based was minor in nature, i.e., the irregularity did not create an unfair competitive advantage for the apparent low bidder; (b) reject the bid of the apparent low bidder if the Developer determines that the irregularity upon which the protest is based did create an unfair competitive advantage for the apparent low bidder and the bid of the apparent low bidder was, therefore, not responsive and award the contract to the lowest responsive bidder; or (c) reject all bids and solicit new bids for the construction of the applicable Acquisition Improvement or Acquisition Improvements. Should a legal action be filed challenging the validity of the Developer’s decision regarding any such bid protest and/or the award of any contract for the construction of any Acquisition Improvement, the Developer shall, at Developer’s sole expense, defend such action and shall defend, indemnify, and hold harmless the City, its officers, directors, employees and agents and the CFD and Authority and their officers, directors, employees and agents (each, an “Indemnified Party” and collectively, the “Indemnified Parties”). SECTION 4. Inspection and Acceptance of the Acquisition Improvements. The construction activities relating to the Acquisition Improvements to be constructed by the Developer shall be subject at all reasonable times to inspection by authorized representatives of City. Once an Acquisition Improvement to be a cquired by City is substantially completed in accordance with the approved Plans and Specifications, then such Acquisition Improvement shall be eligible for payment of the Base Increment of the Purchase Price (as defined in Section 7 below) therefor. 2022/12/06 City Council Post Agenda Page 704 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 4 Prior to acceptance by the City of any Acquisition Improvement constructed by the Developer for purposes of paying the Retained Increment (as defined in Section 7 below) of the Purchase Price, the Developer shall provide to the City Engineer of the City, or his or her designee (the “City Engineer”), the documentation set forth in this Section 4 and Section 7(c)(ii) below and obtain approval of as-built drawings for the Acquisition Improvement in accordance with the process described below in this Section 4. The engineer of record for any such Acquisition Improvement (“Engineer of Record”) shall file form PW-E-106 (Request for Release of Bonds) with the City Engineer. Within 20 working days of such filing, the field inspector of the City or his or her designee (“Field Inspector”) shall issue and transmit to the Engineer of Record a letter requesting (i) as-built drawings and soils reports (when applicable) and (ii) a punchlist of work to be completed or corrections to work to be completed before such Acquisition Improvement will be eligible for payment of the Retained Increment. Within 20 working days of receipt of the Field Inspector’s letter, the Engineer of Record shall prepare redline as-built drawings and submit them, together with any necessary soils reports, to the Field Inspector and the Developer shall complete the items of work and/or corrections specified in the punchlist. Within 10 working days of the Engineer of Record’s submittal of the red lined as-built drawings, the Field Inspector shall review such drawings and provide comments. The Engineer of Record shall revise the redline as -built drawings per the Field Inspector’s comments and resubmit within 10 working days. The Field Inspector shall make his final review within 5 working days of the Engineer of Record’s resubmittal and notify the Engineer of Record to prepare mylar as-built drawings and a microfiche copy and submit both to the City Engineer or his designee and notify the Developer of any punchlist items which remain to be completed. The City and Developer shall make best efforts to perform within the time periods described above. The inability of City or Developer to perform within each time period, notwithstanding its best efforts, shall not constitute a breach of this Agreement. SECTION 5. Warranty of Acquisition Improvements Constructed by the Developer. At all times prior to the City’s acceptance of any Acquisition Improvement constructed by the Developer, the Developer shall be responsible for maintaining such Acquisition Improvement at the Developer’s expense. The Developer shall be obligated for the period of twelve (12) months immediately following the City’s acceptance of such an Acquisition Improvement to repair or replace, at Developer’s expense, any defects or failures resulting from the work of Developer, its contractors or agents. Upon the expiration of such twelve (12) month period, Developer shall assign to the City its rights in and to any warranties, guarantees or other evidence of contingent obligations of third persons with respect to such Acquisition Improvement. As a condition precedent to the payment of the Retained Increment (as defined in Section 7 below) of the Purchase Price, Developer shall post a maintenance bond in a form reasonably approved by the City, cause such a maintenance bond to be posted, or assign Developer’s rights under such a maintenance bond naming the City as beneficiary in an amount equal to fifteen percent (15%) of the Purchase Price of such Acquisition Improvement in order to secure Developer’s obligations pursuant to this Section. Upon posting of such maintenance bond, the City shall release any performance, labor and material bonds for such Acquisition Improvement. SECTION 6. Notice of Completion and Lien Releases. Upon completion of the construction of an Acquisition Improvement, Developer shall notify the City Engineer in writing of such completion and shall prepare and execute a Notice of Completion for such Acquisition Improvement in the form prescribed by Section 8182 of the California Civil Code and shall record 2022/12/06 City Council Post Agenda Page 705 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 5 such notice in the Official Records of the County of San Diego. Developer shall cause its contractors to provide unconditional lien releases for such Acquisition Improvement. Notwithstanding the foregoing, City may waive the requirement for a Notice of Completion and lien releases if City determines that as of the date of payment of the Retained Increment of the Purchase Price for an Acquisition Improvement, title to such Acquisition Improvement or portion thereof satisfies the requirements for Acceptable Title (as hereinafter defined). SECTION 7. Payment of Purchase Price. (a) Amount of Purchase Price. The amount to be paid by the CFD for the Acquisition Improvements to be constructed by and acquired from Developer (the “Purchase Price”) shall, as to each such Acquisition Improvement, (i) be determined by City in accordance with the provisions of this Section 7, (ii) equal the lesser of the cost or the value thereof, (iii) include the reasonable cost or value of eligible appurtenant public facilities, (iv) include the costs of the title insurance policy described in Section 9 (a), and (v) include all other costs of construction and incidental costs eligible under the Act and the Goals and Policies as a part of the cost of the Acquisition Improvements. The costs of each Acquisition Improvement to be included in the Purchase Price of such Acquisition Improvement shall include the following: (i) the actual hard costs for the construction of the Acquisition Improvement, including labor, materials and equipment costs; (ii) the costs of grading related to the Acquisition Improvement; (iii) the costs incurred in designing, engineering and preparing the plans and specifications for the Acquisition Improvement; (iv) the costs of environmental evaluation and mitigation of or relating to the Acquisition Improvement; (v) fees paid to governmental agencies for, and costs incurred in connection with, obtaining permits, licenses or other governmental approvals for the Acquisition Improvement; (vi) costs of construction administration and supervision up to one and three quarters percent (1.75%) of the total cost of the Acquisition Improvement; (vii) professional costs associated with the Acquisition Improvement, such as engineering, legal, accounting, inspection, construction staking, materials and testing and similar professional services, subject to the limitations established in the Goals and Policies; and (viii) costs of payment, performance and/or maintenance bonds and insurance costs directly related to the construction of the Acquisition Improvement. 2022/12/06 City Council Post Agenda Page 706 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 6 In no event shall the cost or value of the construction of the Acquisition Improvements be deemed to exceed the construction contract prices set forth in the contracts and change orders approved by City (“Approved Change Orders”) pursuant to the applicable provisions of Exhibit “D” hereto, which is incorporated herein by this reference, or otherwise authorized pursuant to this Agreement. Notwithstanding anything in this Section to the contrary, the City may elect, by written notice to the Authority and Developer, to have the audit and payment processes described in this Section 7 administered by the Authority’s third party/consultant, rather than City personnel. (b) Incremental Payment of Purchase Price of an Acquisition Improvement. The Purchase Price for any Acquisition Improvement constructed by the Developer shall be payable in not to exceed two increments: (i) the “Base Increment” which shall be an amount equal to 75% of the audited, eligible costs as reflected in the written request for payment of the Base Increment submitted by the Developer and as approved by the Director of Development Services of the City, or his or her designee (the “DSD Director”) and shall not exceed 75% of the cost estimate set forth in Exhibit “B” for such Acquisition Improvement; and (ii) the “Retained Increment” which shall be an amount not to exceed the remaining, unpaid portion of the Purchase Price for such Acquisition Improvement determined pursuant to the provisions of (a) above. (c) Requisition for Incremental Payment of Purchase Price of an Acquisition Improvement. (i) Base Increment. The Developer may submit only one (1) written request to the DSD Director for the payment of the Base Increment for an Acquisition Improvement constructed by the Developer upon the substantial completion of the constructi on of such Acquisition Improvement in accordance with the approved Plans and Specifications. The criteria for determining “substantial completion” of each such Acquisition Improvement is described in Exhibit “C” and shall mean generally that construction, or work with respect to such Acquisition Improvement has progressed to the point where it is sufficiently complete so that such Acquisition Improvement can be utilized for the purpose for which it was intended. Substantial completion of such an Acquisiti on Improvement shall also mean that all components of such Acquisition Improvement are substantially complete, e.g., in the case of Acquisition Improvement including streets, the components are described in Exhibit “C.” Each Base Increment payment request must be in the form attached hereto as Exhibit “E,” which is incorporated herein by this reference, and conform to the requirements of (f) below. The request for payment of the Base Increment for an Acquisition Improvement shall be accompanied by a copy of the following documents related to the construction of such Acquisition Improvement: (1) each construction contract and copy of bid notice for such contract, (2) each change order, (3) each invoice submitted pursuant to such construction contracts, (4) evidence of payment of each such invoice such as copies of cancelled checks or other evidence of payment satisfactory to the City Engineer, and (5) written conditional lien releases executed by each applicable contractor, subcontractor and materialman in a form satisfactory to the City Attorney of the City (the “City Attorney”) for such Acquisition Improvement. (ii) Retained Increment. The Developer may submit only one (1) written request to the DSD Director for the payment of the Retained Increment for an Acquisition Improvement 2022/12/06 City Council Post Agenda Page 707 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 7 in the form attached hereto as Exhibit “F,” which is incorporated herein by this reference, upon the submission to the City Engineer of (1) as-built drawings or other equivalent plans and specifications for such Acquisition Improvement in a form reasonably acceptable to the City, (2) evidence that the Developer has posted a maintenance bond for such Acquisition Improvement as required by Section 5 hereinabove, (3) evidence of the satisfaction of the requirements of Section 9 hereinbelow directly related to such Acquisition Improvement and (4) written unconditional lien releases from all contractors, subcontractors and materialmen satisfactory to the City Attorney for such Acquisition Improvement. For any costs not included in the Developer’s written request for payment of the Base Increment but requested for payment in the Retained Increment the request shall conform to the requirements of (f) below and also be accompanied by the following documents related to such additional costs of the construction of such Acquisition Improvement if not done so with the written request for payment of the Base Increment: (1) each construction contract, (2) each change order, (3) each invoice submitted pursuant to such construction contracts, and (4) evidence of payment of each such invoice such as copies of cancelled checks or other evidence of payment satisfactory to the DSD Director. (d) Documentation. Any payment request submitted by Developer shall be properly executed and shall include copies of all supporting documents required by subsection (c)(i) or (c)(ii), as applicable. (e) Review of Payment Request for an Acquisition Improvement. The DSD Director shall review each payment request and the supporting documentation accompanying such payment request. If the City DSD Director finds that any such payment request is incomplete, improper or otherwise not suitable for approval, the DSD Director shall inform Developer in writing within twenty (20) working days after receipt thereof, the reasons for his finding. Developer shall have the right to respond to this finding by submitting further documentation after receipt of the denial. The DSD Director shall review any further documentation received from the Developer in support of a payment request and inform Developer of his approval or denial of the payment request as supplemented in accordance with this Section within ten (10) working days after receipt of the supplemental documentation. A resubmittal of a payment request shall be deemed a new payment request for purposes of this Section. Subject to the limitations set forth herein, costs incurred under a construction contract for an Acquisition Improvement entered into pursuant to the requirements of this Agreement and Approved Change Orders shall be deemed to be reasonable and, subject to the other provisions of this Agreement, shall be included in the Purchase Price for such Acquisition Improvement. After his or her approval of each payment request, the DSD Director shall immediately forward a request to the Authority and CFD notifying the Authority and CFD of his or her approval of the payment request and requesting that such payment be made to the appropriate payee. The CFD shall process any such request of the DSD Director pursuant to the applicable procedures of the Authority and shall make or authorize such payment pursuant to such procedures and subsection (h) below. 2022/12/06 City Council Post Agenda Page 708 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 8 (f) Payment. (i) Priority of Payment of Purchase Prices for Acquisition Improvements . The City and the Developer acknowledge and agree that the Purchase Prices of all Acquisition Improvements may exceed the aggregate amount of the Bond proceeds and special taxes which will be available for the payment of the Purchase Prices. (ii) Timing of the Payment of the Purchase Price for an Acquisition Improvement. Subject to the limitations contained in (i) above and (iii) and (iv) below, the increment of the Purchase Price for each Acquisition Improvement shall be paid to Developer within thirty (30) days after the date of the DSD Director’s approval of the paym ent request for any such increment; provided, however, no Retained Increment for any Acquisition Improvement shall be paid earlier than thirty five (35) days after the recording of a Notice of Completion for such Acquisition Improvement. (iii) Source of Payment. The Purchase Price or any increment thereof for an Acquisition Improvement shall be payable to the Developer from (a) those proceeds of the sale of each series of Bonds deposited in the project fund (the “Project Fund”) established pursuant to the indenture or fiscal agent agreement for the Bonds (the “Indenture”) and (b) the Special Taxes of the CFD that have been levied directly to pay for Facilities and collected by the CFD, including prepayments allocable to Facilities (the “Available Special Taxes”). The funds deposited in the Project Fund and the Available Special Taxes shall be referred to as the “Available Amount.” The Authority agrees to levy the Special Taxes on Developed Property at 100% of the Assigned Special Tax rate pursuant to the Rate and Method until the earlier of (i) payment in full of all of the Facilities, or (ii) the issuance of the final series of Bonds, excluding Bonds issued for refunding purposes only, after which point the Authority shall levy Special Taxes to meet the Special Tax Requirement in the Rate and Method excluding Special Taxes to pay for Facilities directly (as those capitalized terms are defined in the Rate and Method). The Indenture shall also provide that all Available Special Taxes collected prior to the issuance of the final series of Bonds, excluding Bonds issued for refunding purposes only, shall be deposited in the Project Fund until all Facilities have been fully funded. (iv) Withholding of Payment. In addition to the foregoing, the City shall have the right to withhold approval of a payment request for of the Purchase Price or any increment thereof of any Acquisition Improvement if the DSD Director reasonably determines that the Developer is not then in substantial compliance with all applicable conditions and obligations imposed upon the Developer hereunder or upon the Development Project pursuant to the land use entitlements approved by the City for the Development Project, including but not limited to, payment of all applicable fees, dedication of all applicable rights-of-way or other property and construction of all applicable public improvements. The DSD Director shall provide written notice to the Developer of the decision to withhold any such approval and shall specify the reason for such decision. The notice shall specify such condition or obligation and what action will be necessary by the Developer to substantially comply with such condition or obligation. Upon the determination by the 2022/12/06 City Council Post Agenda Page 709 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 9 DSD Director that the Developer has substantially complied with the subject condition or obligation, the City shall forthwith provide any approval which has been withheld pursuant to the provisions of this paragraph. SECTION 8. Audit. The authorized representatives of City shall have the right, upon two (2) days prior written notice to Developer and during normal business hours, to review all books and records of Developer pertaining to costs and expenses incurred by Developer in construction of the Acquisition Improvements. SECTION 9. Ownership and Transfer of Acquisition Improvements. The conveyance of the Acquisition Improvements by Developer to City shall be in accordance with the following procedures: (a) Acquisition Improvements Constructed on Land not Owned by City. As a condition to the payment of the Retained Increment of the Purchase Price, Developer shall cause an irrevocable offer of dedication to be made to City or an outright grant of a fee interest or easement interest as appropriate, in the sole discretion of the City of the appropriate right, title and interest in and to the portion of the applicable property owned by the Developer related to the applicable Acquisition Improvement, including any temporary construction or access easements. Developer, whether or not it is the entity constructing the Acquisition Improvements, agrees to execute and deliver to the City the documents required to complete the transfer of Acceptable Title for property owned by the Developer upon or within which such Acquisition Improvements are to be located. For purposes of this Agreement, the term “Acceptable Title” shall mean title to the portion of the property to be conveyed free and clear of all taxes, liens, encumbrances, assessments, easements, leases, whether any such item is recorded or unrecorded, except (i) non-delinquent taxes and assessments and (ii) those non-monetary encumbrances and easements which are reasonably determined by the City not to interfere with the intended use of the portion of the property. As a further condition to the payment of the Retained Increment of the Purchase Price for any Acquisition Improvement, Developer at its sole initial cost and expense, subject to reimbursement pursuant to Section 7, shall cause to be issued a policy of title insurance for such portion of the property in an amount not to exceed the Purchase Price and in the form normally required by City in connection with the dedication of land for subdivision improvements and containing such title endorsements as may be reasonably requested by City. City’s final acceptance of the portion of the property and the Acquisition Improvements constructed thereon shall not be unreasonably withheld or delayed. SECTION 10. Grading and Subdivision Acquisition Improvement Bonds . Except as provided below, Developer shall be required to post or cause the posting of bonds or other security acceptable to the City to guarantee completion of the Acquisition Improvements in accordance with City’s standard subdivision requirements and conditions of approval of the Development Project (the “Conditions of Approval”). Labor and materials bonds shall also be required to be provided by the Developer’s contractor for all Acquisition Improvements to be constructed under this agreement. Such bonds shall name the City of Chula Vista as additional obligee and shall remain in effect until the final acceptance of the Acquisition Improvements by the City Engineer. The presence of Bond proceeds shall not relieve the Developer of requiring this obligation of the Developer’s contractor. 2022/12/06 City Council Post Agenda Page 710 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 10 Performance and labor and material bonds for specific Acquisition Improvements shall not be required or may be released if: (1) such Acquisition Improvements constitute a portion of the required subdivision improvements, (2) Bond proceeds equal to 125% of the estimated cost to construct or acquire such Acquisition Improvements are available and set aside for such purpose, and (3) the Acquisition Improvements are to be constructed or acquired entirely with the proceeds of the Bonds. Provided that conditions (1) and (2) are satisfied, if an Acquisition Improvement is to be constructed or acquired only in part with the proceeds of the Bonds, performance and labor and material bonds shall not be required for that portion of the Acquisition Improvements to be so constructed or acquired except with respect to the portion that will not be acquired or constructed with Bond proceeds. In the event that the Bond proceeds that are available and may be set aside to fund the cost to construct or acquire an Acquisition Improvement are less than 125% of the estimated cost thereof, the Developer shall be required to provide a performance and labor and material bond or other security satisfactory to the City Engineer and the City Attorney in the amount of such deficiency. City will cooperate with Developer in the termination or exoneration of any performance and labor and material bonds assuring completion of Acquisition Improvements for which bonds have been sold. The City Engineer shall be the sole judge of determining release of such bonds. SECTION 11. Indemnification by Developer. Developer shall defend, indemnify and hold harmless the City, its elected and appointed officers, agents and employees (the “Indemnified Parties”), from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys’ fees by reason of, or resulting from, or arising out of the financing (including without limitations any claims, losses, liabilities, and damages relating to the tax exempt status of any Bonds), design, engineering, solicitation of bids, award of contracts, administration of contracts and construction of the Acquisition Improvements by the Developer, its employees, agents, independent contractors and/or representatives; provided that any claims for personal injury or property damage which relate to the Improvements shall be limited to those arising out of personal injury or property damage caused by actions or omissions by Developer or Developer’s employees, agents, independent contractors or representatives which occurred during the period prior to the transfer of title to the Acquisition Improvements by City, whether or not a claim is filed prior to the date of acceptance of the Acquisition Improvements. Nothing in this Section 11 shall limit in any manner the rights of the City against any of the architects, engineers, contractors or other consultants employed by the Developer which has performed work in connection with construction or financing of the Acquisition Improvements. Notwithstanding the foregoing, Developer shall have no obligation to defend, indemnify or hold harmless the Indemnified Parties from and against any claims, liabilities, losses or damages (including court costs and attorneys’ fees) which result from or arise out of the sole negligence or willful misconduct of an Indemnified Party. Except as set forth in this Section 11, no provision of this Agreement shall in any way limit the extent of the responsibility of Developer for payment of damages resulting from the operations of the Developer, its agents, employees or contractors. SECTION 12. Obligation of City. Neither the City nor the CFD has a legal or financial obligation to construct the Acquisition Improvements. All costs incurred for actual construction of the Acquisition Improvements, including all incidentals thereto, shall be borne by Developer, and 2022/12/06 City Council Post Agenda Page 711 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 11 the obligations of the City and CFD are limited to the acquisition of the Acquisition Improvements pursuant to the provisions of this Agreement. SECTION 13. Failure by Developer to Construct Acquisition Improvements. At any time following commencement of the construction of any Acquisition Improvements by the Developer the City determines that such construction is not progressing within a reasonable time in accordance with the Conditions of Approval or the Developer fails to demonstrate a continuing ability to complete the construction of such Acquisition Improvement in accordance with the Conditions of Approval, the City may give written notice of such failure of performance to the Developer. Developer shall have sixty (60) days from the date of receipt of such notice to ei ther (i) cure such failure of performance by demonstrating to the satisfaction of the City during such cure period reasonable progress in the construction of the Acquisition Improvement and a continuing ability to complete the construction of such Acquisition Improvement in accordance with the Conditions of Approval or (ii) reasonably demonstrate that such failure of performance is due to circumstances or conditions beyond Developer’s reasonable control (“Force Majeure”) including, without limitation, the City’s actions, omissions or inaction which result in a delay of performance by Developer, labor disputes, acts of God, war, riots, insurrections, civil commotions, moratoriums, inability to obtain labor or materials or reasonable substitutes for either, fire, unusual delay in transportation, and adverse weather conditions. Should Developer fail to reasonably demonstrate such reasonable progress or such continuing ability to complete the construction of such Acquisition Improvement or Force Majeure, the obligation of the City to pay the Purchase Price for the acquisition of such Acquisition Improvement pursuant to this Agreement may be terminated by the City by providing ten (10) days written notice to the Developer. Upon termination, the City may in its sole discretion then proceed to advertise and bid the balance of the construction of such Acquisition Improvement, and there will be no further obligation on the part of the City for payment of the Purchase Price for such Acquisition Improvement due to Developer pursuant to this Agreement. In the event that the City chooses not to advertise and bid the balance of the construction of any such Acquisition Improvement following such a termination, any monies remaining in the Project Fund and set aside for the acquisition of such Acquisition Improvement shall be transferred to the redemption fund established by the Indenture and used to call outstanding Bonds. SECTION 14. Notice of Special Tax. Developer, or the successor or assigns of the Developer, shall provide written notice to all potential purchasers of lots in the form required pursuant to Government Code Section 53341.5 and/or such additional requirements as may be established by the City, so advising the potential purchaser of the fact of the CFD, with said document being executed by the potential purchaser. Such notice shall be provided to the potential purchaser a reasonable time before the potential purchaser becomes contractually committed to purchase the property so that the potential purchaser may knowingly consider the impact of the special tax in the decision to purchase the property. A copy of all such notices executed by actual purchasers shall be provided to the DSD Director. SECTION 15. Agreement Contingent. The City may, at its option, suspend the performance of its obligations under this Agreement if any legal challenge is filed relating to the validity or enforceability of this Agreement. The obligations of the City and CFD hereunder shall be reinstated upon the entry of a final judgment in any such proceedings upholding the validity and 2022/12/06 City Council Post Agenda Page 712 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 12 enforceability of the Agreement. In the event that a final judgment or other final and non - appealable resolution is entered invalidating or declaring unenforceable this Agreement, the City and CFD may, at their option, terminate this Agreement. SECTION 16. Limitation of Aggregate Taxes and Assessments. Developer agrees to include in any future agreement to sell all or any portion of the property to any person or entity for the purpose of constructing and marketing owner-occupied residential dwelling units (each, a “Merchant Builder”) provisions requiring the inclusion of the following “escrow instructions” in all sales by such Merchant Builder to residential home owners. (a) At or prior to the close of each such escrow with a residential homeowner, the escrow company shall apply a “calculation formula” previously approved by the DSD Director and deposited with the escrow company by the Merchant Builder to determine the aggregate of all annual ad valorem property taxes, all special taxes authorized to be levied to finance the construction or acquisition of public facilities and all assessment installments authorized to be levied to finance the construction or acquisition of public facilities (the “Total Annual Taxes and Assessments”) applicable to the parcel subject to such escrow (the “Applicable Parcel”). (b) If the Total Annual Taxes and Assessments exceed 2% of the sales price of the Applicable Parcel, the Escrow Company will make immediate written demand upon the Merchant Builder for deposit into the escrow of the funds necessary to partially prepay the special tax obligation for the CFD or any other community facilities district so that the Total Annual Taxes and Assessments will thereafter be equal to or less than 2% of the sales price of the Applic able Parcel. Such funds must be received by the escrow company prior to the close of escrow of the sale of the Applicable Parcel. The calculation of the prepayment amount for the CFD shall be in accordance with the method of prepayment of special tax as set forth in the rate and method of apportionment of special taxes approved by the qualified electors of the CFD or the other community facilities district for which the special taxes are being partially prepaid. Upon closing of such escrow, the amount so deposited by the Merchant Builder pursuant to this escrow instruction shall be sent by the escrow company to the Director of Finance, together with written instructions that such amount is to be used to partially prepay the special tax obligation of the Applicable Parcel for the CFD or shall be sent to the other community facilities district for which the special tax obligation has been prepaid with similar written instructions. The provisions of this Section 16 related to sales by Merchant Builders to residential homeowners shall also apply to any sale by the Developer of a parcel to a residential homeowner. In addition to any other remedy provided for by law or in equity, the City may enforce the provisions of this Section 16 by an action for specific performance or injunctive relief or both. SECTION 17. Relationship to Public Works. This Agreement is for the construction and acquisition of certain Acquisition Improvements by City and is not intended to be a public works contract. In performing its obligations under this Agreement, Developer is an independent contractor and not the agent of City. Neither City nor the Authority shall have any responsibility for payment to any contractor or supplier of Developer. Notwithstanding the foregoing, Developer may be subject to certain public contract requirements as provided in Section 3 of this Agreement. 2022/12/06 City Council Post Agenda Page 713 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 13 SECTION 18. Deposit and Use of Available Amount. (a) Project Fund Held by Authority. Prior to the issuance of the first series of Bonds, Available Special Taxes collected by the Authority (including from prepayments of Special Taxes) shall be deposited in the Project Fund established by the Authority for the CFD and may be disbursed to pay or reimburse the costs of the Facilities in accordance with this Agreement. All funds in the Project Fund shall be considered a portion of the Available Amount, and upon the issuance of the first series of Bonds for the CFD, the Project Fund shall be transferred to the trustee or fiscal agent for the Bonds (the “Trustee”) to be held in accordance with the Indenture. (b) Issuance of Bonds - Project Fund Held by Trustee. Developer, the City and the Authority agree to reasonably cooperate with one another in the completion of the financing through the issuance of the Bonds in one or more series for the CFD in ac cordance with the California Municipal Finance Authority Policies and Procedures for Community Facilities Districts (http://www.cmfa-ca.com/bold/cmfa-cfd-policies-and-procedures/). Upon the issuance of the first series of Bonds for the CFD, the Authority will cause the Trustee to establish and maintain a separate Project Fund for the purpose of holding all funds derived from each series of Bonds for the financing of the Facilities. A separate Tax Exempt Account and Taxable Account of the Project Fund may be established for each series of Bonds into which the proceeds of tax exempt Bonds and taxable Bonds, if any, shall be deposited. All earnings on amounts in a Project Fund shall remain in such Project Fund for use as provided herein and pursuant to the app licable Indenture. Money in each and every Project Fund shall be available to respond to delivery of Payment Requests for the Base Increment or Retained Increments in the form attached hereto as Exhibits “E” and “F,” respectively, with respect to Acquisition Improvements, and a Disbursement Request Form (defined below) relating to City Fees to be paid to the City, or its designee, or the Developer, or its designee, from the Available Amount pursuant to such forms. Upon completion of the Project and the funding of all Facilities, any remaining funds in each Project Fund (less any amount determined by the City as necessary to reserve for claims against the Project Fund) shall be applied by the Authority to call Bonds or to reduce Special Taxes as the Authority shall determine. (c) City Disbursement from Project Fund for City Fees. Following the Developer’s submittal of a payment request to FAI for a prepayment of City Fees pursuant to the Financed Fees Payment Request Procedures attached hereto as Exhibit “H,” moneys on deposit in the Project Fund shall be disbursed pursuant to written disbursement requests of the City, in substantially the form attached hereto as Exhibit “G” (“Disbursement Request Form (City Fees)”) and executed by the City Manager or DSD Director, or any designee of the foregoing (each, an “Authorized Officer”), which disbursements shall be used for the payment of City Fees. In the event of such a disbursement, the City shall establish a Trust Account relating to each applicable City Fee for the benefit of the Developer or the Developer’s designees. In addition, City Fees paid previously with respect to the Project shall be reimbursed to the Developer through the Developer’s submittal of a payment request pursuant to the procedures set forth in the Financed Fees Payment Request Procedures attached hereto as Exhibit “H.” The Authority and its designees, including the Trustee holding funds in the Project Fund, may conclusively rely on such requisitions for purposes of making such disbursements. All disbursements from the Project Fund to the City shall be made by wire transfer of immediately available funds or by check payable to the City’s bank account number at a bank located within 2022/12/06 City Council Post Agenda Page 714 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 14 the United States on file with the Authority as part of the BOLD program, unless another method of payment is requested in writing by the City. (d) Tax-Exempt Bonds for City Fees. City Fees may be funded with tax exempt Bonds only if the Authority first obtains (1) an opinion of the Authority’s bond counsel, addressed to the City and to the Authority, that based upon review of information relating to the City Infrastructure reasonably expected to be constructed with the proceeds of the City Fees, the Bonds may be issued on a tax exempt basis, and (2) written consent of the City, which may be withheld in the City’s sole discretion. SECTION 19. Conflict with Other Agreements. Except as specifically provided herein, nothing contained herein shall be construed as releasing Developer from any condition of development or requirement imposed by any other agreement with City. To the extent the provisions of this Agreement conflict with any provisions of such other agreement, the provisions of such other agreement shall control. SECTION 20. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. SECTION 21. Entire Agreement; Amendment. This Agreement and the agreements expressly referred to herein contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waiver, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. SECTION 22. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any party shall be deemed to have been received: (a) when personally delivered, or (b) seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, or (c) if dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of the party indicated below, provided that a receipt for delivery is provided; or (e) if transmitted electronically, upon answer back or confirmation of receipt by the recipient, addressed as follows: Authority: California Municipal Finance Authority 2111 Palomar Airport Road, Suite 320 Carlsbad, CA 92011 Attn: Edward J. Becker Email: _______________ Administrator: Francisco & Associates, Inc. Attn: Ed Espinoza 5927 Balfour Court, Suite 109 Carlsbad, CA 92008 2022/12/06 City Council Post Agenda Page 715 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 15 Email: _______________ Developer: ACI Sunbow, LLC Attn: _____________ __________________ __________________ Email: ________________ With a copy to: Lennar – San Diego Division Attn: David W. Shepherd, Director of Entitlements 16465 Via Esprillo, Suite 150 San Diego, CA 92127 Email: david.shepherd@lennar.com and to: Sandra Galle, Esq. O’Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 Email: sgalle@oneil-llp.com City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager Email: _______________ With a copy to: 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Attorney Email: _______________ Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. SECTION 23. Severability. If any provision of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. SECTION 24. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Developer may not assign its rights or obligations hereunder except upon written notice to City and the Authority within ten (10) days of 2022/12/06 City Council Post Agenda Page 716 of 1285 Doc ID Include Draft Include Date Include Time #212135 v2 9096.20 16 the date of such assignment indicating the name and address of the assignee. No other developer of property within the CFD shall have any right to receive payments with respect to any Facilities unless such right has been expressly assigned to such developer by the Developer in writing. Upon such notice and the assumption by the assignee of the rights, duties and obligations of the Developer arising under or from this Agreement, Developer shall be released by City from all future duties or obligations rising under or from this Agreement. SECTION 25. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California, Additionally, this Agreement and the construction of the Acquisition Improvements shall be subject to all City ordinances and regulations relating to the requirement of improvement agreements, land division, improvement security or other applicable development requirements. SECTION 26. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by any other party, or the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by any other party with the terms of this Agreement thereafter. SECTION 27. Singular and Plural; Gender. As used herein, the singular of any work includes the plural, and terms in the masculine gender shall include the feminine. SECTION 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. SECTION 29. Construction of Agreement. This Agreement has been reviewed by legal counsel for the City, the Authority and the Developer and shall be deemed for all purposes to have been jointly drafted by the City, the Authority and the Developer. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. SECTION 30. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. SECTION 31. Authority of Signatories. Each signatory and party hereto hereby represents and warrants to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable such party to enter into this Agreement. [SIGNATURES ON FOLLOWING PAGES] 2022/12/06 City Council Post Agenda Page 717 of 1285 #212135 v2 9096.20 S-1 Signature Page to Acquisition/Financing Agreement by and between the City of Chula Vista, California Municipal Finance Authority, Community Facilities District No. 2022-27 (City of Chula Vista - Sunbow) IN WITNESS WHEREOF, City, Authority and Developer have executed this Agreement as of the Effective Date thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms. “CITY” CITY OF CHULA VISTA MARIA V. KACHADOORIAN, CITY MANAGER CITY OF CHULA VISTA STATE OF CALIFORNIA APPROVED AS TO FORM: GLEN R. GOOGINS, CITY ATTORNEY CITY OF CHULA VISTA STATE OF CALIFORNIA 2022/12/06 City Council Post Agenda Page 718 of 1285 #212135 v2 9096.20 S-2 “DEVELOPER” ACI SUNBOW, LLC, a California limited liability company By: Ayers Land Company, Inc., a California corporation, its Manager By: Name: Keith J. Horne Its: President “AUTHORITY” CALIFORNIA MUNICIPAL FINANCE AUTHORITY, a joint powers authority By: Name: Its: Authorized Signatory 2022/12/06 City Council Post Agenda Page 719 of 1285 #212135 v2 9096.20 A-1 EXHIBIT “A” CFD BOUNDARY MAP 2022/12/06 City Council Post Agenda Page 720 of 1285 #212135 v2 9096.20 B-1 EXHIBIT “B” DESCRIPTION OF FACILITIES Development Impact Fees: Eastern Transportation Development Impact Fee (ETDIF) Traffic Signal Fee Park Benefit Fee Poggi Sewer Basin Development Impact Fee Public Facilities Development Impact Fee (PFDIF) Sewer Capacity Charge 2022/12/06 City Council Post Agenda Page 721 of 1285 #212135 v2 9096.20 B-1 EXHIBIT “C” SUBSTANTIAL COMPLETION CRITERIA FOR ACQUISITION IMPROVEMENTS General: 1. Substantial completion of an Acquisition Improvement for purposes of determining the eligibility of such Acquisition Improvement for the payment of the “Base Increment” therefore shall mean that the construction or work with respect to such Improvement, including each component of such Improvement, has progressed to the point where it is sufficiently complete so that it can be utilized for the purpose for which it was intended. Substantial completion criteria for each Acquisition Improvement or component of an Improvement is further described below. 2. Payment for the “Retained Increment” of the Purchase Price for an Acquisition Improvement shall be in accordance with Section 7, paragraph (c)(ii) and shall be made after submittal of a payment request form, as-built plans and such other documentation as is required pursuant to Section 7 paragraph (c)(ii), posting of maintenance bonds, and submittal of lien release evidence. Substantial Completion Criteria: A. Grading: Grading shall be deemed to be complete upon (1) completion of all preliminary grading work (mobilization, site clearing, remedial grading, overexcavation, installation of subdrainage systems) (2) certification of compaction by the geotechnical engineer, quantity verification by the civil engineer, and confirmation by the Field Inspector and (3) installation of all surface grading improvements (brow ditches, retaining walls, slope protection and similar improvements) and the certification thereof by the geotechnical engineer and confirmation by the Field Inspector. B. Sewer: Sewer construction shall be deemed substantially complete upon the installation, flushing, and testing of sewer main line, laterals, cleanouts, manholes, and all other appurtenances of the sewer system as shown on the approved plans and specifications therefore and in accordance with the City standard plans and specifications and the verification of such installation by the civil engineer and confirmation of such installation by the Field Inspector. C. Storm Drain: Box culverts and headwall structures shall be deemed substantially complete upon installation as shown on the approved plans and specifications therefore and in accordance with the City standard plans and specifications and verification of such installation by the civil engineer, and confirmation of such installation by the Field Inspector. D. Drainage Facilities: Drainage structures including energy dissipation devices (rip -rap, drop structures, cut-off walls, etc.), drainage diversion structures, facilities required as part of the environmental mitigation measures, and other drainage channel appurtenances including drainage pipes connecting the brow ditches to the channel, shall be deemed substantially complete for payment of the Base Increment upon the installation thereof as shown on the approved plans and specifications therefore and in accordance with City standard plans and 2022/12/06 City Council Post Agenda Page 722 of 1285 #212135 v2 9096.20 B-2 specifications and the verification of such installation by the civil engineer and confirmation of such installation by the Field Inspector. E. Dry Utility Backbone System: Dry utilities (electric, gas, telephone, CATV) shall be deemed substantially complete upon the installation of the conduits, junction boxes, payment of utility fees, and written acceptance of the facilities by the utility companies. F. Roadway Pavement and Roadway Drainage System: Roadway pavement and drainage improvements shall be deemed substantially complete upon the installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confirmation of such installation by the Field Inspector of all storm drain pipes, catch basins, drainage inlets and cleanouts for the roadway storm drain system, installation of roadway base material, concrete curb and gutter, and AC pavement including the preparation of the subgrade and base material. G. Other Street Surface Improvements: Street surface improvements including street lights, traffic signals and conduits, signal interconnect, street name signs, roadwa y signing and striping, and appurtenances shall be deemed substantially complete when installed as shown on the improvement plans and in accordance with City standard plans and specifications and upon confirmation of such installation by the Field Inspector. H. Street Landscape Irrigation and Planting: Parkway landscaping within the roadway right of way including planting, irrigation, concrete sidewalks, median maintenance strip, pedestrian ramps, channel maintenance roads and all associated subgrade and base material preparation shall be deemed substantially complete upon installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confirmation of such installation by the Field Inspector. I. Slope Landscaping: Landscape planting and irrigation improvements for the slopes outside of the roadway and channel right of way and the regional trail (DG) and fencing shall be deemed substantially complete upon installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confirmation of such installation by the Field Inspector. 2022/12/06 City Council Post Agenda Page 723 of 1285 #212135 v2 9096.20 D-1 Exhibit “D” Design, Bid, Contract and Change Order Requirements 1. General These requirements shall be applied to all Acquisition Improvements proposed to be constructed by the Developer and subsequently acquired by the City through California Municipal Finance Authority CFD No. 2022-27 (City of Chula Vista - Sunbow). Except as expressly provided otherwise in the body of this Agreement itself, any deviation from these requirements must be approved in writing in advance by the DSD Director. References to the DSD Director means the DSD Director or his or her designee. The City reserves the right to make the final determination of cost of the Acquisition Improvements to be acquired in accordance with this Agreement. 2. Design Phase A. Acquisition Improvements shall be designed in accordance with City standards and regulations. B. Bidding Documents. Two complete sets of bidding documents, including improvement plans, general provisions, and bid proposal forms have been or shall be submitted to the Development Services Department of the City for review and approval within 15 working days of submittal. Advertising for bids shall not have taken place or shall not take place until the bidding documents are approved in writing by the City. This procedure shall have been followed or shall be followed for each contract proposed to be advertised. Unless otherwise noted, the bidding documents shall conform to the following minimum requirements: 1. Unless impractical due to the nature of the Acquisition Improvement, the bid proposal shall be unit priced rather than lump sum. A.C. pavement, b ase and sub-base shall be bid on a square foot per inch thickness basis. 2. The bidding documents shall require the bidder/contractor to provide the following bonds: a. Bid Bond - 10% of the amount of the bid. b. Material and Labor Bond - 50% of the contract amount. c. Performance Bond - 100% of the contract amount. The Contractor posted or shall post performance and labor and material bonds for all improvements as part of the bid. The City shall be named as additional obligee with the right to call such bonds if needed. Such bonds shall remain in effect until 2022/12/06 City Council Post Agenda Page 724 of 1285 #212135 v2 9096.20 D-2 such time as all improvements are completed and accepted by the City Engineer. The City Engineer shall be the sole judge in determining the release of such bonds. 3. The bidding documents required or shall require the successful bidder to provide evidence of comprehensive or commercial general public liability insurance in the amount of at least $1,000,000 prior to the award of the contract. 4. The contractor is required to pay prevailing wages. Developer shall advertise the Project as requiring the payment of prevailing wage and include all provisions in the advertisement and contract documents as required by the California Department of Industrial Relations (“DIR”). 5. The bidding documents clearly stated or must clearly state the time, date, and place where bids are to be submitted and opened. 6. The bidding documents clearly stated or shall clearly state the amount of time to complete the work. The time allowed must be reasonable for the amount of work. Accelerated construction time allowances must be supplementally bid, and are not eligible for public finance unless previously approved by the City Engineer. 3. Bidding Phase A. The Notice inviting Sealed Bids was published or shall be published in the Chula Vista Star News and the San Diego Daily Transcript. The notice inviting bids stated or shall state where bidding documents are available. B. The bidding period following the advertisement of the Notice Inviting Sealed Bids was or shall be a minimum of 14 calendar days. C. Developer provided or shall provide complete sets of bidding documents to all contractors, subcontractors, or suppliers requesting them. A reasonable price may be charged for bidding documents. D. Developer kept or shall keep a log of all persons obtaining bidding documents, and their mailing address. E. Addenda were mailed or shall be mailed by first class mail to all bidding document holders and the DSD Director. If an addendum is required within five working days of the noticed bid opening date, the bid opening date shall be extended. F. Submitted bids were or shall be in sealed envelopes. G. Bids were not or shall not be accepted after the stated time for submission. H. Bid opening was or shall be conducted by the Developer at the Developer’s place of business or other site mutually acceptable to the Developer and DSD Director. 2022/12/06 City Council Post Agenda Page 725 of 1285 #212135 v2 9096.20 D-3 I. Sealed bids were or shall be opened and read aloud immediately following the submission time. A City representative was or shall be invited to attend the bid opening. J. Conditioned bids, unless the bid proposal lists them for all to bid on, were not accepted or shall not be accepted. K. The bid proposals conformed or shall conform to all state and local laws governing the listing of subcontractors and suppliers. L. The arithmetic of the two lowest bid proposals received was or shall immediately be checked for errors. M. A tabulation of all bids received was or shall be provided to the DSD Director within five working days of the bid opening. N. Award was or shall be made to the lowest responsible bidder within a reasonable period of time following approval by the DSD Director. O. A preconstruction meeting was or shall be held with the contractor prior to beginning the work. A City representative was or shall be invited to attend the meeting. P. The Notice to Proceed was or shall be issued within a reasonable period of time following the contract execution. 4. Construction Phase A. The City was or shall be provided a copy of the construction schedule. B. Developer did or shall require the contractor to conduct weekly construction status meetings to which a City representative shall be invited. C. Any additional costs incurred for the benefit of the Developer, such as accelerating the construction schedule, shall not be eligible for public financing unless previously approved by the DSD Director. D. Any additional construction costs incurred due solely to delays caused by the Developer shall not be eligible for public financing. E. All contracts and construction related records shall be available to the City as and when required for the final determination of eligible costs for the public financing. This shall include trip tickets and other confirmations of material delivered to the Improvement. 2022/12/06 City Council Post Agenda Page 726 of 1285 #212135 v2 9096.20 D-4 5. Change Orders A. All change orders shall be fully documented and be in a format consistent with the original bid items (i.e., show units, unit costs, extensions and total costs). The DSD Director, in his/her sole discretion shall determine the eligibility of each change order for inclusion in the Purchase Price for an Acquisition Improvement. B. Chula Vista Municipal Code (“CVMC”) Section 2.56.160(H)(6), provides that all or portions of the developer-performed public work ordinance may be waived where “the waiver is in the best interest of the public after consideration of factors including, without limitation, project costs, time for completion, and other relevant criteria, and (ii) appropriate safeguards are in place to protect the public interest.” Developer has requested and the City Council has approved a post-award waiver pursuant to CVMC 2.56.160(H)(6) for change orders for Acquisition Improvements entered into prior to September [28, 2021] and approved by the Field Inspector (the “Post-Award Waiver Change Orders”). The Post-Award Waiver Change Orders shall be eligible for inclusion in the Purchase Price subject to 5.A. above. C. The aggregate of all change orders for the Acquisition Improvements shall not increase the Purchase Price thereof so as to cause such Purchase Price to exceed the cost estimate for such Acquisition Improvement as set forth in Exhibit B by more than 25% without City Council approval. This modification of the requirements of CVMC Section 2.56.160(H)(3)(b) is made pursuant to CVMC Section 2.56.160(H)(5). D. Change orders that the Developer does not wish to include in the Purchase Price for an Acquisition Improvement do not require City approval, provided that they (i) result in no additional maintenance or overhead costs to the Ci ty; (ii) result in no material delay to the completion date; and (iii) result in no material modifications to the design or construction. E. Negotiated set price change orders are acceptable where most of the items of work in the change order have unit prices from the bids. Where change orders are for work that does not have unit prices for a substantial portion of the work contained within the bids, time and materials change orders are preferred. F. Failure to comply with the provisions herein may, in City’s sole discretion, result in a waiver of all claims for additional payments, bond drawdowns, or development credits to Developer in connection with such change order. 2022/12/06 City Council Post Agenda Page 727 of 1285 #212135 v2 9096.20 E-1 EXHIBIT “E” CALIFORNIA MUNICIPAL FINANCE AUTHORITY Community Facilities District No. 2022-27 (City of Chula Vista – Sunbow) Base Increment Payment Request No. ______ The undersigned (the “Developer”) hereby requests payment in the total amount of $__________ for the Base Increment for the Acquisition Improvement (as defined in the Acquisition/Financing Agreement (the “Agreement”)) by and among the City of Chula Vista (the “City”), the California Municipal Finance Authority (the “Authority”) and Developer and described in Exhibit “B” to the Agreement, all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: A. He(she) is a duly authorized representative or signatory of Developer, qualified to execute this Payment Request for payment on behalf of Developer and is knowledgeable as to the matters set forth herein. B. The Acquisition Improvement that is the subject of this Payment Request has been substantially completed in accordance with Exhibit “C” to the Agreement. C. This request for payment of the Base Increment for the Acquisition Improvement has been calculated in conformance with the terms of the Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Base Increment for which payment is requested has not been the subject of any prior payment request paid by the CFD. D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIFs) and detailed backup and cost breakdown is provided supporting each item. E. Supporting documentation (such as third-party invoices, change orders and checks) is attached with respect to each cost for which payment is requested. F. The Acquisition Improvement for which payment is requested was constructed in accordance with the requirements of the Agreement. G. Developer is in compliance with the terms and provisions of the Agreement. H. No mechanics liens or other encumbrances have attached, or to the best knowledge of Developer, after due inquiry, will attach to the Acquisition Improvement. I. A cop(ies) of the letter(s) of unconditional lien release for the Acquisition Improvement for which payment is requested is included this request. Alternatively, a copy of a letter of conditional lien release for the Acquisition Improvement for which payment is requested together with a letter from the contractor(s) stating that the y have been paid in full by the Developer for the Acquisition Improvement for which payment is requested is also included in this request. 2022/12/06 City Council Post Agenda Page 728 of 1285 #212135 v2 9096.20 E-2 I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DEVELOPER: Dated: CITY Payment Request Approved for Submission to Director of Finance Director of Development Services Dated: 2022/12/06 City Council Post Agenda Page 729 of 1285 #212135 v2 9096.20 E-3 ATTACHMENT 1 SUMMARY OF ACQUISITION IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. _____ Improvement Purchase price Base Increment Retained Increment Disbursement Requested [List here all Acquisition Improvements for which payment is requested, and attach supporting documentation] 2022/12/06 City Council Post Agenda Page 730 of 1285 #212135 v2 9096.20 F-1 EXHIBIT “F” CALIFORNIA MUNICIPAL FINANCE AUTHORITY Community Facilities District No. 2022-27 (City of Chula Vista – Sunbow) Retained Increment Payment Request No. ______ The undersigned (the “Developer”) hereby requests payment in the total amount of $__________ for the Retained Increment of the Purchase Price of an Acquisition Improvement (as defined in the Acquisition/Financing Agreement by and among the City of Chula Vista (the “City”), the California Municipal Finance Authority (the “Authority”) and Developer and described in Exhibit “B” to the Agreement), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: A. He(she) is a duly authorized representative or signatory of Developer, qualified to execute this Payment Request for payment on behalf of Developer and is knowledgeable as to the matters set forth herein. B. Developer has submitted or submits herein to the City, if applicable, as-built drawings or similar plans and specifications for the Acquisition Improvement and such drawings or plans and specifications, as applicable, are true, correct and complete. C. The Purchase Price for the Acquisition Improvement has been calculated in conformance with the terms of the Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Retained Increment for which payment is requested has not been the subject of any prior payment request paid by the CFD. D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIFs) and detailed backup and cost breakdown is provided supporting each item. E. Supporting documentation (such as third-party invoices, change orders, lien releases and checks) is attached with respect to each cost for which payment is requested. F. The Acquisition Improvement for which payment is requested was constructed in accordance with the requirements of the Agreement. G. Developer is in compliance with the terms and provisions of the Agreement. H. No mechanics liens or other encumbrances have attached, or to the best knowledge of Developer, after one inquiry, will attach to the Acquisition Improvement. 2022/12/06 City Council Post Agenda Page 731 of 1285 #212135 v2 9096.20 F-2 I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DEVELOPER: Dated: CITY Payment Request Approved for Submission to Director of Finance Director of Development Services Dated: 2022/12/06 City Council Post Agenda Page 732 of 1285 #212135 v2 9096.20 F-3 ATTACHMENT 1 SUMMARY OF ACQUISITION IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. _____ Improvement Purchase price Base Increment Retained Increment Disbursement Requested [List here all Acquisition Improvements for which payment is requested, and attach supporting documentation] 2022/12/06 City Council Post Agenda Page 733 of 1285 #212135 v2 9096.20 G-1 EXHIBIT “G” DISBURSEMENT REQUEST FORM (CITY FEES) To: California Municipal Finance Authority 2111 Palomar Airport Road, Suite 320 Carlsbad, California 92011 Attention: Travis Cooper Email: tcooper@cmfa-ca.com Tel: (760) 795-9185 Re: BOLD Program - Request for Disbursement of Bond Proceeds Community Facilities District No. 2022-27 (City of Chula Vista – Sunbow) The undersigned, a duly authorized officer of the City of Chula Vista (the “City”) hereby requests a disbursement from the [Taxable/Tax Exempt] Account of the Project Fund set forth below, and, if the disbursement is to be made from the Tax Exempt Account, certifies that the amounts of development impact fees financed thereby and listed below have been or will be spent by the City for public capital improvements as of the date indicated below or within [__] days/months thereafter Project Fund Account Amount(s) Community Facilities District No. 2022-27 $ Total: Wiring Instructions: ___________________________ The undersigned hereby additionally certifies as follows: 1. [Tax-Exempt Only] These funds have been or will be used to acquire and/or construct capital improvements, and this disbursement is not being made for the purpose of reinvestment. 2022/12/06 City Council Post Agenda Page 734 of 1285 #212135 v2 9096.20 G-2 2. [Tax-Exempt Only] None of the expenditures for which payment is requested have been reimbursed previously from other sources of funds. 3. If the total amount above is greater than the funds held by the Authority on behalf of the City in the Account identified above, the Authority is authorized to pay only that portion of the amount request equal to such held funds and to pay the remainder when sufficient additional funds are deposited in the applicable Account. 4. The amounts being disbursed pursuant to this request are being used to finance or refinance certain public infrastructure and facilities, including certain financing and administrative costs (the “City Infrastructure”). City will own, and for the entire useful life of such City Infrastructure reasonably expects to own, all of such City Infrastructure. 5. [Tax-Exempt Only] To the extent any of such City Infrastructure is sold to an entity that is not a state or local government City, City will seek the advice and approval of bond counsel to the Authority for the BOLD program prior to any such sale. City will not allow any of such City Infrastructure to be used (for example, by lease or other contract) in the trade or business of any nongovernmental persons (other than in their roles as members of the general public). All of such City Infrastructure will be used in the performance of essential governmental functions of City or another state or local government City. The average expected useful life of such City Infrastructure is at least 5 years. The representations and covenants contained in this paragraph are intended to support the conclusion that the interest paid on the bonds issued to finance the City Infrastructure is excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 (the “Code”) and are not required for disbursements to be made from the Taxable Account of the Project Fund. Dated: CITY OF CHULA VISTA Signature: Print Name: 2022/12/06 City Council Post Agenda Page 735 of 1285 #212135 v2 9096.20 H-1 EXHIBIT “H” FINANCED FEES PAYMENT REQUEST PROCEDURES Francisco & Associates, Inc., (FAI) has been retained by the California Municipal Finance Authority (CMFA) to assist with the administration of the BOLD Program bond proceeds. The following are the procedures in place for the processing of payment requests for eligible Financed Fees. 1.) The Developer shall submit all payment requests with supporting documentation directly to FAI to expedite the audit process. 2.) Once a payment request is received, FAI will conduct an initial audit to determine if the payment request package is complete. The initial review will determine if the following essential elements are included: a. Payment Request Form with completed Attachment 1 (see attached) b. Identification of fees for prepayment to the City or for reimbursement c. Invoices, receipts, worksheets or other evidence of costs d. Proof of payment 3.) If any essential element has been omitted, FAI will prepare a letter to the Developer deeming the payment request incomplete. The letter will include a list of items required to complete the package. 4.) Upon receiving a complete payment request, FAI will begin the detailed audit of the payment request, using the following procedures: a. Invoices and proofs of payment will be compared to determine if there are any discrepancies. Invoices without proof of payment will be deemed ineligible for reimbursement. Where discrepancies occur, the lowest amount will be deemed eligible for reimbursement until additional supporting documentation can be provided by the Developer. b. FAI will confirm fee amounts with City staff for fees that are to be prepaid to the City or reimbursed to the Developer. c. A detailed worksheet will be prepared detailing the amount submitted for reimbursement under each invoice, the corresponding proof of payment for that invoice, the amounts deemed eligible and ineligible for reimbursement by FAI, the amount submitted for prepayment to the City, the corresponding documentation for prepayment and comments by FAI. d. A summary of invoices and proof of payment provided by the Developer will be prepared. 5.) FAI will prepare additional information requests to the Developer as needed to facilitate the audit. 6.) FAI will prepare an audit letter for City staff review that summarizes the items above and includes FAI’s recommendation of fees that are eligible and appropriate for reimbursement to the Developer and the amount that is to be retained by the City corresponding to the prepayment of eligible fees. Such audit letter will be accompanied by all back up documentation and the detailed worksheet. 2022/12/06 City Council Post Agenda Page 736 of 1285 #212135 v2 9096.20 H-2 7.) FAI will prepare the Disbursement Request Form (City Fees) in the form attached as Exhibit “G” hereto, for review and approval of the City. 8.) Upon receipt of the approved Disbursement Request Form (City Fees), FAI will prepare the Certificate of the Authority Requesting Disbursement from the Project Fund required under the Indenture, for review and approval by CMFA. 9.) CMFA will transmit the executed Certificate above to the Trustee for disbursement of the bond proceeds to the Developer for reimbursement or to the City for prepayment. 10.) Approximate Review, Approval and Disbursement Timeline: a. FAI performs audit of payment request and provides the City with the audit letter and Disbursement Request Form for review and approval – Approximately 5 days b. City reviews and approves audit letter and supporting documentation and provides signed Disbursement Request Form – Approximately 30 days c. CMFA reviews, approves, and submits Certificate to Trustee – Approximately 5 days d. Trustee wires funds to the Developer for reimbursement or to the City for prepayment for deposit in Trust Account – Approximately 2 days 2022/12/06 City Council Post Agenda Page 737 of 1285 #212135 v2 9096.20 H-3 California Municipal Finance Authority BOLD Program CFD No. 2022-27 Payment Request Form 1. The undersigned is an authorized representative of the Developer, qualified to execute this request for payment on behalf of the Developer and knowledgeable as to the matters set forth herein. 2. The identity and amount of the City Fees are described in Attachment 1. 3. For the City Fees for which the Developer is seeking reimbursement, the Developer has submitted or submits herewith to the CMFA Administrator evidence that Cit y Fees referred to in the preceding paragraph have been paid in full, which evidence is in the form of copies of cancelled checks or such other form of proof of payment, such as bank statements. I hereby declare under penalty of perjury that the above representations and warranties are true and correct. Developer: By: Name: Title: Date: 2022/12/06 City Council Post Agenda Page 738 of 1285 #212135 v2 9096.20 H-4 ATTACHMENT 1 City Description of City Fee Description of Lots or Parcels Amount to be Reimbursed Amount to be Prepaid 2022/12/06 City Council Post Agenda Page 739 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Employee Compensation and Positions: Approve an Amended Classification Plan and Compensation Schedules; Position Counts in Departments; Amended Municipal Code Section on Unclassified Positions; Updated Conflict of Interest Code; and Budget Amendments Report Number: 22-0307 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 December 16, 2022, as required by the California Code of Regulations, Title 2, Section 570.5; (C) Approving the revised Fiscal Year 2022-23 Compensation Schedule effective December 30, 2022, as required by the California Code of Regulations, Title 2, Section 570.5; (D) Approving the revised Fiscal Year 2022-23 Compensation Schedule effective January 13, 2023, as required by the California Code of Regulations, Title 2, Section 570.5; (E) 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 (F) 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 Information Technology 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 Compen sation Schedule, Classification Plan, and departmental position counts. 2022/12/06 City Council Post Agenda Page 740 of 1285 P a g e | 2 Staff is also recommending approval of the revised Fiscal Year 2022-2023 Compensation Schedule effective: December 18, 2022, to reflect the addition and deletion of certain classifications; December 30, 2022, to reflect salary adjustments for certain unclassified positions impacted by the State’s minimum wage law; January 13, 2023, to reflect previously negotiated salary adjustments for employees represented by the Local 2180, International Association of Fire Fighters (IAFF); the Chula Vista Mid Managers/Professional Association (MM/PROF), SEIU Local 221; the Western Council of Engineers (WCE); and Unrepresented Mid Managers/Professionals. Finally, staff is recommending approval 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 The Civil Service Commission is slated to approve the new classified position titles at their meeting of December 5, 2022. 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 Administration Community Engagement Specialist 1.00 Information Technology Services GIS Specialist -2.00 2022/12/06 City Council Post Agenda Page 741 of 1285 P a g e | 3 GIS Analyst 2.00 IT Manager -1.00 Information Technology Project Manager 1.00 VoIP/Videoconferencing Specialist 1.00 Police Police Captain -1.00 Assistant Chief of Police 1.00 General Fund Total 2.00 Summary of New and Updated Classifications Position Title Employee Group Bi-Weekly E Step Assistant Chief of Police SM $8,337.45 Chief of Police EXEC $9,850,88 Fire Chief EXEC $8,994.11 Community Engagement Specialist ACE $3,239.52 GIS Analyst ACE $3,250.00 GIS Technician ACE $2,769.23 Information Technology Project Manager SM $5,534.54 Senior GIS Analyst ACE $3,574.99 VoIP/Videoconferencing Specialist ACE $3,355.62 State Minimum Wage Law In September 2013, the California Legislature enacted legislation signed by the Governor of California, which included raising the minimum wage to $15.50 per hour effective January 1, 2023, unless temporarily suspended by the Governor, based on certain determinations. To ensure compliance with the State's minimum wage law, staff is proposing the following salary steps for the following impacted classifications: Hourly Rate Position Title Job Code Bargaining Group Step A Step B Step C Step D Step E Animal Care Aide 5316 Unclassified, Hourly 16.12 16.93 17.78 18.67 19.60 Clerical Aide 0241 Unclassified, Hourly 15.50 16.28 17.09 17.94 18.84 2022/12/06 City Council Post Agenda Page 742 of 1285 P a g e | 4 Hourly Rate Position Title Job Code Bargaining Group Step A Step B Step C Step D Step E COVID Site Assistant 5757 Unclassified, Hourly 15.50 16.28 17.09 17.94 18.84 Intern, Graduate 0269 Unclassified, Hourly 17.05 17.90 18.80 19.74 20.72 Intern, Undergraduate 0267 Unclassified, Hourly 15.50 16.28 17.09 17.94 18.84 Library Aide 7181 Unclassified, Hourly 15.50 16.28 17.09 17.94 18.84 Lifeguard I 7587 Unclassified, Hourly 16.27 17.09 17.94 18.84 19.78 Lifeguard II 7585 Unclassified, Hourly 17.90 18.80 19.74 20.72 21.76 Park Ranger 7434 Unclassified, Hourly 16.12 16.93 17.78 18.67 19.60 Police Support Services Aide 5207 Unclassified, Hourly 15.50 16.28 17.09 17.94 18.84 Recreation Aide 7605 Unclassified, Hourly 15.50 16.28 17.09 17.94 18.84 Recreation Leader 7603 Unclassified, Hourly 17.83 18.72 19.65 20.63 21.67 Recreation Specialist 7601 Unclassified, Hourly 21.39 22.46 23.58 24.76 26.00 Seasonal Assistant 0231 Unclassified, Hourly 15.50 16.28 17.09 17.94 18.84 Senior Lifeguard 7589 Unclassified, Hourly 19.69 20.67 21.71 22.79 23.93 Tiny Tot Aide 7503 Unclassified, Hourly 17.83 18.72 19.65 20.63 21.67 Tiny Tot Specialist 7505 Unclassified, Hourly 21.39 22.46 23.58 24.76 26.00 These changes would be effective December 30, 2022, unless the increase to the minimum wage effective January 1, 2023, is temporarily suspended by the Governor. 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 and be approved by the governing body in accordance with the requirements of the applicable public meeting laws. The Fiscal Year 2022-2023 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting of November 8, 2022. This item ensures continued compliance with California Code of Regulations, Title 2, Section 570.5, by ensuring the City has an up-to-date, publicly approved Compensation Schedule. 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 4) 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. Resolutions Adoption of Resolution A will amend the Compensation Schedule, Classification Plan, and authorized departmental position counts to reflect the above changes. 2022/12/06 City Council Post Agenda Page 743 of 1285 P a g e | 5 Approval of Resolution B will approve the revised Fiscal Year 2022-2023 Compensation Schedule effective December 16, 2022, to reflect: (1) the position titles and salaries for Community Engagement Specialist, GIS Analyst, GIS Technician, Information Technology Project Manager, Senior GIS Analyst, and VoIP/Videoconferencing Specialist; (2) the deletion of the position titles of GIS Specialist and Senior GIS Specialist; and (3) updated salaries for Assistant Chief of Police, Chief of Police, and Fire Chief. Approval of Resolution C will approve the revised Fiscal Year 2022-2023 Compensation Schedule effective December 30, 2022, to reflect the salary range changes associated with the State’s minimum wage law. Approval of Resolution D will approve the revised Fiscal Year 2022-2023 Compensation Schedule effective January 13, 2023, to reflect: (1) previously negotiated salary adjustments for employees represented by the Local 2180, International Association of Fire Fighters (IAFF); the Chula Vista Mid Managers/Professional Association (MM/PROF), SEIU Local 221; and the Western Council of Engineers (WCE); (2) salary adjustments for these bargaining groups’ unrepresented counterparts; and (3) salary adjustments for unrepresented Mid Managers and Professionals as authorized in the Compensation Summary for Unrepresented Employees. Approval of Resolution E will make the appropriate updates to the appendix to the Conflict of Interest Code. Approval of Resolution F will amend the budget and appropriate funds in the amount of $235,420 as a result of the 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 positions not mentioned specifically in Charter Section 500(a) be adopted by ordinance. Adoption of the Ordinance will add the position title Information Technology Project Manager to Municipal Code section 2.05.010. 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 Councilmembers do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Councilmembers, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The current year fiscal impact to the General Fund is identified in the table below. Staff is requesting the proposed budgetary adjustment of $235,420 to be offset with increased Sales Tax revenues. 2022/12/06 City Council Post Agenda Page 744 of 1285 P a g e | 6 The cost for the minimum wage increase is approximately $47,365 and will be completely offset by current year savings in respective department, resulting in no net fiscal impact. ONGOING FISCAL IMPACT Ongoing salary costs will be incorporated into subsequent fiscal year budgets. The estimated fiscal impact in the General Fund and other funds is reflected in the table below: ATTACHMENTS 1. Revised Fiscal Year 2022-2023 Compensation Schedule effective December 16, 2022 2. Revised Fiscal Year 2022-2023 Compensation Schedule effective December 30, 2022 3. Revised Fiscal Year 2022-2023 Compensation Schedule effective January 13, 2023 4. Revised appendix to the Conflict of Interest Code and Resolution Staff Contact: Courtney Chase, Director of Human Resources/Risk Management 2022/12/06 City Council Post Agenda Page 745 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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 WHEREAS, 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, and the abolition of classes are properly reflected in the Classification Plan; and WHEREAS, 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, and corresponding amendments to the City's Classification Plan, Compensation Schedule, and authorized departmental position counts; and WHEREAS, a summary of the new and updated classifications and the E-Step salaries are as follows: Position Title Employee Group Bi-Weekly E Step Assistant Chief of Police SM $8,337.45 Chief of Police EXEC $9,850.88 Community Engagement Specialist ACE $3,239.52 GIS Analyst ACE $3,250.00 GIS Technician ACE $2,769.23 Information Technology Project Manager SM $5,534.54 Senior GIS Analyst ACE $3,574.99 VoIP/Videoconferencing Specialist ACE $3,355.62 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves amendments to the Compensation Schedule and Classification Plan to reflect the changes described above. 2022/12/06 City Council Post Agenda Page 746 of 1285 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the Fiscal Year 2022-2023 authorized departmental position counts: Department Position Title FTE General Fund Administration Community Engagement Specialist 1.00 Information Technology Services GIS Specialist -2.00 GIS Analyst 2.00 IT Manager -1.00 Information Technology Project Manager 1.00 VoIP/Videoconferencing Specialist 1.00 Police Police Captain -1.00 Assistant Chief of Police 1.00 General Fund Total 3.00 Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney 2022/12/06 City Council Post Agenda Page 747 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022-2023 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 16, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, 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; and WHEREAS, the Fiscal Year 2022-2023 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting of November 8, 2022; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments, approved subsequent to the date of approval, must be reflected on a revised Compensation Schedule and submitted to the City Council for approval; and WHEREAS, City staff has recommended the following position changes, necessitating amendment to the Fiscal Year 2022-2023 Compensation Schedule: (1) the addition of the position titles and salaries for Community Engagement Specialist, GIS Analyst, GIS Technician, Information Technology Project Manager, Senior GIS Analyst, and VoIP/Videoconferencing Specialist; (2) the deletion of the position titles of GIS Specialist and Senior GIS Specialist; and (3) updated salaries for Assistant Chief of Police, Chief of Police and Fire Chief. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2022-2023 Compensation Schedule effective December 16, 2022, in the form presented, a copy of which is available in the City Clerk’s Office, that reflects: (1) the addition of the position titles and salaries for Community Engagement Specialist, GIS Analyst, GIS Technician, Information Technology Project Manager, Senior GIS Analyst, and VoIP/Videoconferencing Specialist; (2) the deletion of the position titles of GIS Specialist and Senior GIS Specialist; and (3) updated salaries for Assistant Chief of Police and Chief of Police. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney 2022/12/06 City Council Post Agenda Page 748 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022-2023 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 30, 2022, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, 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; and WHEREAS, the Fiscal Year 2022-2023 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting of November 8, 2022; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments, approved subsequent to the date of approval, must be reflected on a revised Compensation Schedule and submitted to the City Council for approval; and WHEREAS, City staff has recommended salary adjustments for certain unclassified hourly positions that are impacted by the State’s minimum wage law, necessitating amendment to the Fiscal Year 2022-2023 Compensation Schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2022-2023 Compensation Schedule effective December 30, 2022, in the form presented, a copy of which is available in the City Clerk’s Office, that reflects salary adjustments for certain unclassified hourly positions that are impacted by the State’s minimum wage law, necessitating amendment to the Fiscal Year 2022-2023 Compensation Schedule. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney 2022/12/06 City Council Post Agenda Page 749 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022-2023 COMPENSATION SCHEDULE EFFECTIVE JANUARY 13, 2023, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, 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; and WHEREAS, the Fiscal Year 2022-2023 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting of November 8, 2022; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments, approved subsequent to the date of approval, must be reflected on a revised Compensation Schedule and submitted to the City Council for approval; and WHEREAS, City staff is revising the Compensation Schedule to reflect: (1) previously negotiated salary adjustments for employees represented by the Local 2180, International Association of Fire Fighters (IAFF); the Chula Vista Mid Managers/Professional Association (MM/PROF), SEIU Local 221; and the Western Council of Engineers (WCE); (2) salary adjustments for these bargaining groups’ unrepresented counterparts; and (3) salary adjustments for unrepresented Mid Managers and Professionals as authorized in the Compensation Summary for Unrepresented Employees, necessitating amendment to the Fiscal Year 2022-2023 Compensation Schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2022-2023 Compensation Schedule effective January 13, 2023, in the form presented, a copy of which is available in the City Clerk’s Office, that reflects: (1) previously negotiated salary adjustments for employees represented by the Local 2180, International Association of Fire Fighters (IAFF); the Chula Vista Mid Managers/Professional Association (MM/PROF), SEIU Local 221; and the Western Council of Engineers (WCE); (2) salary adjustments for these bargaining groups’ unrepresented counterparts; and (3) salary adjustments for unrepresented Mid Managers and Professionals as authorized in the Compensation Summary for Unrepresented Employees, necessitating amendment to the Fiscal Year 2022-2023 Compensation Schedule. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney 2022/12/06 City Council Post Agenda Page 750 of 1285 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF DESIGNATED FILERS, AND ASSOCIATED DISCLOSURE CATEGORIES WHEREAS, the Political Reform Act (California Government Code sections 87100 through 91014), requires certain officials and candidates to file Statements of Economic Interests (Form 700) and requires local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the California Code of Regulations, section 18730, and any amendments thereto that are adopted by the Fair Political Practices Commission; and WHEREAS, the ordinance requires that the City Council set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file; and WHEREAS, the Political Reform Act requires every local agency to review its Conflict of Interest Code periodically to determine if amendments are necessary; and WHEREAS, the City Attorney and the City Clerk have reviewed the Code and its appendix, consulted with Department Directors and determined that amendments to the appendix of the Code are necessary; and WHEREAS, the City Council desires that all City employees who are required to file Form 700 under the City’s Conflict of Interest Code be designated as Local Agency Officials, as defined in Government Code §53234(c)(2), thereby requiring them to participate in the ethics training mandated by AB 1234; and WHEREAS, the list of officials, candidates, and designated employees (“designated filers”) of the City of Chula Vista who are required to file periodic statements of economic interests, and the disclosure categories under which each such official, candidate, or designated employee is required to file, was presented to the City Council and is attached hereto as Exhibit 1 and made a part of this resolution. 2022/12/06 City Council Post Agenda Page 751 of 1285 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby modifies the appendix to the local Conflict of Interest Code to amend the list of designated filers and associated disclosure categories, in the form presented and as reflected in Exhibit 1 to this resolution, 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. Presented by Approved as to form by Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2022/12/06 City Council Post Agenda Page 752 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022/23 BUDGET AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff is recommending $235,420 in expense and revenue appropriations in the General Fund, resulting in no net impact to the General Fund; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amends the fiscal year 2022/23 budget and approves the following appropriations: Summary of All Fund Appropriations Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources /Risk Management City Attorney 2022/12/06 City Council Post Agenda Page 753 of 1285 ORDINANCE NO. __________ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF INFORMATION TECHNOLOGY PROJECT MANAGER WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City’s workforce; and WHEREAS, the Information Technology 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, 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 Part nership 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, FA Senior Intelligence Analyst, FA Senior Program Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, 2022/12/06 City Council Post Agenda Page 754 of 1285 Ordinance No. Page No. 2 Facilities Financing Manager, Finance Manager, Housing Manager, Human Resources Manager, Information Technology Manager, Information Technology Project 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 2022/12/06 City Council Post Agenda Page 755 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 1 of 71 3633 CONF ACCOUNTANT 0 30.30 2,423.63 1 31.81 2,544.82 2 33.40 2,672.05 3 35.07 2,805.66 4 36.82 2,945.94 3641 ACE ACCOUNTING ASSISTANT 0 22.43 1,794.22 1 23.55 1,883.93 2 24.73 1,978.15 3 25.96 2,077.03 4 27.26 2,180.88 3643 CONF ACCOUNTING TECHNICIAN 0 26.04 2,083.57 1 27.35 2,187.75 2 28.71 2,297.13 3 30.15 2,411.99 4 31.66 2,532.59 3675 ACE ACCOUNTING TECHNICIAN 0 26.04 2,083.57 1 27.35 2,187.75 2 28.71 2,297.13 3 30.15 2,411.99 4 31.66 2,532.59 3647 CONF ACCOUNTING TECHNICIAN II (T) 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 3677 ACE ACCOUNTING TECHNICIAN II (T) 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 3645 ACE ACCOUNTS PAYABLE SUPERVISOR 0 32.63 2,610.13 1 34.26 2,740.65 2 35.97 2,877.68 3 37.77 3,021.56 4 39.66 3,172.62 2022/12/06 City Council Post Agenda Page 756 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 2 of 71 0149 CONF ADMINISTRATIVE SECRETARY 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0179 ACE ADMINISTRATIVE SECRETARY 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0180 UCHR ADMINISTRATIVE SECRETARY 0 27.72 -- 1 29.10 -- 2 30.56 -- 3 32.08 -- 4 33.69 -- 0154 CONF ADMINISTRATIVE SECRETARY-MAYOR 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0215 SM ADMINISTRATIVE SERVICES MGR 0 49.72 3,977.41 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 0181 ACE ADMINISTRATIVE TECHNICIAN 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 5316 UCHR ANIMAL CARE AIDE 0 15.34 -- 1 16.10 -- 2 16.91 -- 3 17.75 -- 4 18.64 -- 2022/12/06 City Council Post Agenda Page 757 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 3 of 71 5317 ACE ANIMAL CARE FACILITY SUPV 0 32.11 2,569.11 1 33.72 2,697.57 2 35.41 2,832.44 3 37.18 2,974.07 4 39.03 3,122.77 5343 ACE ANIMAL CARE SPECIALIST 0 20.11 1,608.82 1 21.12 1,689.25 2 22.17 1,773.71 3 23.28 1,862.41 4 24.44 1,955.52 5344 UCHR ANIMAL CARE SPECIALIST 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.44 -- 5319 ACE ANIMAL CARE SUPERVISOR 0 27.93 2,234.01 1 29.32 2,345.71 2 30.79 2,463.00 3 32.33 2,586.16 4 33.94 2,715.45 5303 ACE ANIMAL CONTROL OFFICER 0 24.13 1,930.56 1 25.34 2,027.09 2 26.61 2,128.45 3 27.94 2,234.88 4 29.33 2,346.63 5305 UCHR ANIMAL CONTROL OFFICER 0 24.13 -- 1 25.34 -- 2 26.61 -- 3 27.94 -- 4 29.33 -- 5304 ACE ANIMAL CONTROL OFFICER SUPVR 0 27.75 2,220.16 1 29.14 2,331.16 2 30.60 2,447.71 3 32.13 2,570.10 4 33.73 2,698.62 2022/12/06 City Council Post Agenda Page 758 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 4 of 71 5309 ACE ANIMAL SERVICES SPECIALIST 0 21.94 1,755.07 1 23.04 1,842.82 2 24.19 1,934.96 3 25.40 2,031.72 4 26.67 2,133.29 3083 MM APPLICATIONS SUPPORT MANAGER 0 52.25 4,180.27 1 54.87 4,389.28 2 57.61 4,608.74 3 60.49 4,839.18 4 63.51 5,081.14 3088 PROF APPLICATIONS SUPPORT SPEC 0 39.78 3,182.07 1 41.76 3,341.18 2 43.85 3,508.23 3 46.05 3,683.64 4 48.35 3,867.83 7741 ACE AQUARIST 0 24.98 1,998.44 1 26.23 2,098.32 2 27.54 2,203.24 3 28.92 2,313.42 4 30.36 2,429.09 7579 ACE AQUATIC SUPERVISOR I 0 25.88 2,070.77 1 27.18 2,174.30 2 28.54 2,283.03 3 29.96 2,397.17 4 31.46 2,517.03 7577 ACE AQUATIC SUPERVISOR II 0 28.47 2,277.84 1 29.90 2,391.74 2 31.39 2,511.32 3 32.96 2,636.89 4 34.61 2,768.74 7575 ACE AQUATIC SUPERVISOR III 0 32.74 2,619.52 1 34.38 2,750.50 2 36.10 2,888.03 3 37.91 3,032.42 4 39.80 3,184.04 2022/12/06 City Council Post Agenda Page 759 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 5 of 71 5011 SM ASSISTANT CHIEF OF POLICE 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 2405 SM ASSISTANT CITY ATTORNEY 0 76.73 6,138.15 1 80.56 6,445.08 2 84.59 6,767.33 3 88.82 7,105.69 4 93.26 7,460.97 2210 SM ASSISTANT CITY CLERK 0 44.53 3,562.67 1 46.76 3,740.82 2 49.10 3,927.85 3 51.55 4,124.22 4 54.13 4,330.55 2707 EXEC ASSISTANT CITY MANAGER 0 99.27 7,941.69 1 -- -- 2 -- -- 3 -- -- 4 119.91 9,593.16 4040 SM ASSISTANT DIR OF DEVLPMNT SVCS 0 76.85 6,147.78 1 -- -- 2 85.13 6,810.23 3 89.38 7,150.74 4 93.41 7,472.68 3604 SM ASSISTANT DIR OF FINANCE 0 75.63 6,050.05 1 -- -- 2 87.50 7,000.00 3 90.00 7,200.00 4 91.30 7,304.19 6322 SM ASSISTANT DIR OF PUBLIC WORKS 0 70.33 5,626.11 1 -- -- 2 -- -- 3 83.02 6,641.98 4 84.90 6,792.35 2022/12/06 City Council Post Agenda Page 760 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 6 of 71 6015 WCE ASSISTANT ENGINEER 0 39.14 3,131.53 1 41.10 3,288.10 2 43.16 3,452.51 3 45.31 3,625.13 4 47.58 3,806.39 6289 WCE ASSISTANT LAND SURVEYOR 0 39.14 3,131.53 1 41.10 3,288.10 2 43.16 3,452.51 3 45.31 3,625.13 4 47.58 3,806.39 4749 WCE ASSISTANT PLAN CHECK ENGINEER 0 38.14 3,051.40 1 40.05 3,203.97 2 42.05 3,364.17 3 44.15 3,532.38 4 46.36 3,709.00 4439 ACE ASSISTANT PLANNER 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 3635 CONF ASSOCIATE ACCOUNTANT 0 33.32 2,665.99 1 34.99 2,799.30 2 36.74 2,939.26 3 38.58 3,086.22 4 40.51 3,240.54 6017 WCE ASSOCIATE ENGINEER 0 45.02 3,601.26 1 47.27 3,781.32 2 49.63 3,970.39 3 52.11 4,168.90 4 54.72 4,377.35 6287 WCE ASSOCIATE LAND SURVEYOR 0 45.02 3,601.26 1 47.27 3,781.32 2 49.63 3,970.39 3 52.11 4,168.90 4 54.72 4,377.35 2022/12/06 City Council Post Agenda Page 761 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 7 of 71 4747 WCE ASSOCIATE PLAN CHECK ENGINEER 0 43.86 3,509.11 1 46.06 3,684.57 2 48.36 3,868.80 3 50.78 4,062.24 4 53.32 4,265.35 4437 ACE ASSOCIATE PLANNER 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5123 ACE AUTOMATED FINGERPRINT TECH 0 22.25 1,779.83 1 23.36 1,868.82 2 24.53 1,962.27 3 25.75 2,060.38 4 27.04 2,163.40 3404 MMCF BENEFITS MANAGER 0 52.92 4,233.56 1 55.57 4,445.24 2 58.34 4,667.50 3 61.26 4,900.88 4 64.32 5,145.92 3406 UCHR BENEFITS MANAGER 0 52.92 -- 1 55.57 -- 2 58.34 -- 3 61.26 -- 4 64.32 -- 2222 SM BUDGET AND ANALYSIS MANAGER 0 58.24 4,659.03 1 61.15 4,891.98 2 64.64 5,171.52 3 67.88 5,430.11 4 70.79 5,663.08 4769 MM BUILDING INSPECTION MANAGER 0 50.43 4,034.62 1 52.95 4,236.35 2 55.60 4,448.17 3 58.38 4,670.58 4 61.30 4,904.11 2022/12/06 City Council Post Agenda Page 762 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 8 of 71 4771 ACE BUILDING INSPECTOR I 0 32.00 2,560.32 1 33.60 2,688.34 2 35.28 2,822.76 3 37.05 2,963.90 4 38.90 3,112.09 4770 UCHR BUILDING INSPECTOR I (HOURLY) 0 32.00 -- 1 33.60 -- 2 35.28 -- 3 37.05 -- 4 38.90 -- 4773 ACE BUILDING INSPECTOR II 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 4774 UCHR BUILDING INSPECTOR II (HOURLY) 0 35.20 -- 1 36.96 -- 2 38.81 -- 3 40.75 -- 4 42.79 -- 4775 ACE BUILDING INSPECTOR III 0 38.73 3,098.00 1 40.66 3,252.90 2 42.69 3,415.55 3 44.83 3,586.32 4 47.07 3,765.64 4780 SM BUILDING OFFICIAL/CODE ENF MGR 0 69.77 5,581.43 1 -- -- 2 -- -- 3 -- -- 4 84.80 6,784.28 6412 PROF BUILDING PROJECT MANAGER 0 44.40 3,552.03 1 46.62 3,729.62 2 48.95 3,916.10 3 51.40 4,111.91 4 53.97 4,317.50 2022/12/06 City Council Post Agenda Page 763 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 9 of 71 6402 MM BUILDING SERVICES MANAGER 0 53.33 4,266.78 1 56.00 4,480.11 2 58.80 4,704.11 3 61.74 4,939.32 4 64.83 5,186.29 6669 ACE BUILDING SERVICES SUPERVISOR 0 30.94 2,475.45 1 32.49 2,599.22 2 34.11 2,729.18 3 35.82 2,865.64 4 37.61 3,008.93 4505 ACE BUSINESS LICENSE REPRESENTATIV 0 22.43 1,794.22 1 23.55 1,883.93 2 24.73 1,978.15 3 25.96 2,077.03 4 27.26 2,180.88 6444 ACE CARPENTER 0 27.93 2,234.20 1 29.32 2,345.90 2 30.79 2,463.20 3 32.33 2,586.36 4 33.95 2,715.69 3669 ACE CASHIER 0 18.93 1,514.60 1 19.88 1,590.33 2 20.87 1,669.85 3 21.92 1,753.34 4 23.01 1,841.01 3053 SM CHIEF INFO SEC OFFICER 0 57.14 4,571.14 1 -- -- 2 -- -- 3 -- -- 4 69.45 5,556.25 5001 EXEC CHIEF OF POLICE 0 101.30 8,104.31 1 -- -- 2 117.11 9,368.55 3 -- -- 4 123.14 9,850.88 2022/12/06 City Council Post Agenda Page 764 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 10 of 71 2011 MMUC CHIEF OF STAFF 0 37.85 3,028.04 1 39.74 3,179.45 2 41.73 3,338.40 3 43.82 3,505.32 4 46.01 3,680.60 2729 SM CHIEF SUSTAINABILITY OFFICER 0 66.43 5,314.54 1 -- -- 2 -- -- 3 78.43 6,274.14 4 80.20 6,416.20 2400 CATY CITY ATTORNEY (ELECTED) 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 110.16 8,812.50 2435 CONF CITY ATTY INVESTIGATOR 0 32.98 2,638.19 1 34.63 2,770.10 2 36.36 2,908.60 3 38.18 3,054.03 4 40.08 3,206.74 2201 CCLK CITY CLERK 0 79.68 6,374.76 1 -- -- 2 -- -- 3 -- -- 4 96.81 7,744.82 2221 PROF CITY CLERK ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 2224 UCHR CITY CLERK ANALYST (HOURLY) 0 38.80 -- 1 40.74 -- 2 42.77 -- 3 44.91 -- 4 47.16 -- 2022/12/06 City Council Post Agenda Page 765 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 11 of 71 7007 SM CITY LIBRARIAN 0 62.25 4,979.73 1 65.36 5,228.70 2 68.63 5,490.15 3 72.06 5,764.65 4 75.66 6,052.88 2710 CMGR CITY MANAGER 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 144.23 11,538.55 5429 ACE CIVILIAN BCKGRND INVESTIGATOR 0 28.04 2,243.21 1 29.44 2,355.37 2 30.91 2,473.14 3 32.46 2,596.81 4 34.08 2,726.64 5430 UCHR CIVILIAN BCKGRND INVESTIGATOR 0 28.04 -- 1 29.44 -- 2 30.91 -- 3 32.46 -- 4 34.08 -- 5431 UCHR CIVILIAN POLICE INVESTIGATOR 0 25.79 -- 1 27.08 -- 2 28.43 -- 3 29.85 -- 4 31.35 -- 0241 UCHR CLERICAL AIDE 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 4777 ACE CODE ENFORCEMENT OFFICER I 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 2022/12/06 City Council Post Agenda Page 766 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 12 of 71 4778 UCHR CODE ENFORCEMENT OFFICER II 0 30.58 -- 1 32.11 -- 2 33.71 -- 3 35.40 -- 4 37.17 -- 4779 ACE CODE ENFORCEMENT OFFICER II 0 30.58 2,446.31 1 32.11 2,568.64 2 33.71 2,697.07 3 35.40 2,831.92 4 37.17 2,973.52 4789 ACE CODE ENFORCEMENT TECHNICIAN 0 24.17 1,933.84 1 25.38 2,030.54 2 26.65 2,132.07 3 27.98 2,238.68 4 29.38 2,350.60 3683 MM COLLECTIONS SUPERVISOR 0 37.89 3,031.00 1 39.78 3,182.56 2 41.77 3,341.67 3 43.86 3,508.77 4 46.05 3,684.21 2799 PRUC COMM/SPECL EVENTS COORD 0 41.01 3,281.09 1 43.06 3,445.15 2 45.22 3,617.41 3 47.48 3,798.28 4 49.85 3,988.20 2757 ACE COMMUNITY ENGAGEMENT SPEC 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 5141 ACE COMMUNITY SERVICES OFFICER 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 2022/12/06 City Council Post Agenda Page 767 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 13 of 71 5142 UCHR COMMUNITY SERVICES OFFICER 0 23.37 -- 1 24.54 -- 2 25.76 -- 3 27.05 -- 4 28.40 -- 6200 ACE CONSERVATION SPECIALIST I 0 25.27 2,021.74 1 26.54 2,122.84 2 27.86 2,229.00 3 29.26 2,340.42 4 30.72 2,457.45 6202 ACE CONSERVATION SPECIALIST II 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 6427 ACE CONSTRUCTION & REPAIR SUPV 0 39.53 3,162.62 1 41.51 3,320.75 2 43.58 3,486.79 3 45.76 3,661.13 4 48.05 3,844.19 2023 UCHR COUNCIL ASSISTANT 0 22.91 -- 1 24.06 -- 2 25.26 -- 3 26.52 -- 4 27.85 -- 2003 CL COUNCILPERSON 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 29.08 2,326.50 5757 UCHR COVID SITE ASST 0 15.44 -- 1 16.21 -- 2 17.02 -- 3 17.87 -- 4 18.76 -- 2022/12/06 City Council Post Agenda Page 768 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 14 of 71 5101 MM CRIME LABORATORY MANAGER 0 49.06 3,924.94 1 51.51 4,121.18 2 54.09 4,327.25 3 56.80 4,543.61 4 59.63 4,770.78 6667 ACE CUSTODIAL SUPERVISOR 0 25.66 2,052.65 1 26.94 2,155.29 2 28.29 2,263.06 3 29.70 2,376.21 4 31.19 2,495.03 6661 ACE CUSTODIAN 0 20.28 1,622.64 1 21.30 1,703.77 2 22.36 1,788.96 3 23.48 1,878.42 4 24.65 1,972.33 6662 UCHR CUSTODIAN 0 20.28 -- 1 21.30 -- 2 22.36 -- 3 23.48 -- 4 24.65 -- 7191 ACE DELIVERY DRIVER 0 19.24 1,539.28 1 20.20 1,616.25 2 21.21 1,697.07 3 22.27 1,781.92 4 23.39 1,871.02 2410 PRUC DEPUTY CITY ATTORNEY I 0 45.40 3,632.07 1 47.67 3,813.66 2 50.05 4,004.34 3 52.56 4,204.56 4 55.18 4,414.79 2408 PRUC DEPUTY CITY ATTORNEY II 0 54.48 4,358.46 1 57.20 4,576.38 2 60.07 4,805.21 3 63.07 5,045.47 4 66.22 5,297.73 2022/12/06 City Council Post Agenda Page 769 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 15 of 71 2411 SM DEPUTY CITY ATTORNEY III 0 69.07 5,525.47 1 72.52 5,801.75 2 76.15 6,091.83 3 79.96 6,396.42 4 83.95 6,716.21 2245 PRUC DEPUTY CITY CLERK I 0 28.07 2,245.97 1 29.48 2,358.26 2 30.95 2,476.18 3 32.50 2,600.00 4 34.12 2,729.98 2243 PRUC DEPUTY CITY CLERK II 0 30.88 2,470.57 1 32.43 2,594.10 2 34.05 2,723.80 3 35.75 2,860.00 4 37.54 3,002.99 2705 EXEC DEPUTY CITY MANAGER 0 103.52 8,281.38 1 -- -- 2 -- -- 3 -- -- 4 114.66 9,172.49 5505 SM DEPUTY FIRE CHIEF 0 74.26 5,940.75 1 -- -- 2 -- -- 3 -- -- 4 90.26 7,221.04 5130 MM DETENTION FACILITY MANAGER (T) 0 49.06 3,924.94 1 51.51 4,121.18 2 54.09 4,327.25 3 56.80 4,543.61 4 59.63 4,770.78 5137 ACE DETENTIONS OFFICER 0 28.04 2,243.21 1 29.44 2,355.37 2 30.91 2,473.14 3 32.46 2,596.81 4 34.08 2,726.64 2022/12/06 City Council Post Agenda Page 770 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 16 of 71 5135 ACE DETENTIONS SUPERVISOR 0 32.25 2,579.70 1 33.86 2,708.68 2 35.55 2,844.12 3 37.33 2,986.33 4 39.20 3,135.64 4718 PROF DEVELOPMENT AUTOMATION SPEC 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 4025 SM DEVELOPMENT PROJECT MGR 0 69.22 5,537.42 1 72.68 5,814.29 2 76.31 6,105.01 3 80.13 6,410.26 4 84.13 6,730.77 4547 MM DEVELOPMENT SERVICES COUNTER M 0 47.33 3,786.23 1 49.69 3,975.53 2 52.18 4,174.32 3 54.79 4,383.03 4 57.53 4,602.18 4540 UCHR DEVELOPMENT SERVICES TECH I 0 23.88 -- 1 25.07 -- 2 26.33 -- 3 27.64 -- 4 29.02 -- 4542 ACE DEVELOPMENT SERVICES TECH I 0 23.88 1,910.23 1 25.07 2,005.73 2 26.33 2,106.01 3 27.64 2,211.32 4 29.02 2,321.89 4541 ACE DEVELOPMENT SERVICES TECH II 0 26.27 2,101.24 1 27.58 2,206.30 2 28.96 2,316.62 3 30.41 2,432.46 4 31.93 2,554.07 2022/12/06 City Council Post Agenda Page 771 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 17 of 71 4544 UCHR DEVELOPMENT SERVICES TECH II 0 26.27 -- 1 27.58 -- 2 28.96 -- 3 30.41 -- 4 31.93 -- 4543 ACE DEVELOPMENT SERVICES TECH III 0 30.21 2,416.43 1 31.72 2,537.25 2 33.30 2,664.12 3 34.97 2,797.32 4 36.71 2,937.18 5245 ACE DIGITAL FORENSICS TECH I 0 25.97 2,077.96 1 27.27 2,181.86 2 28.64 2,290.96 3 30.07 2,405.51 4 31.57 2,525.78 5243 ACE DIGITAL FORENSICS TECH II 0 29.87 2,389.67 1 31.36 2,509.15 2 32.93 2,634.60 3 34.58 2,766.33 4 36.31 2,904.64 5350 EXEC DIR OF ANIMAL SERVICES 0 66.43 5,314.56 1 -- -- 2 -- -- 3 -- -- 4 80.75 6,459.88 7004 EXEC DIR OF COMMUNITY SERVICES 0 81.54 6,523.42 1 85.62 6,849.59 2 89.90 7,192.07 3 94.40 7,551.67 4 99.12 7,929.54 4039 EXEC DIR OF DEVELOPMENT SERVICES 0 85.73 6,858.33 1 98.08 7,846.30 2 -- -- 3 -- -- 4 104.22 8,337.45 2022/12/06 City Council Post Agenda Page 772 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 18 of 71 2734 EXEC DIR OF ECONOMIC DEVELOPMENT 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 6006 EXEC DIR OF ENGINEERING/CITY ENG 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 3601 EXEC DIR OF FINANCE 0 85.74 6,859.24 1 -- -- 2 -- -- 3 101.51 8,121.16 4 104.22 8,337.45 4301 EXEC DIR OF HOUSING & HOMELESS SVS 0 66.43 5,314.56 1 -- -- 2 -- -- 3 -- -- 4 80.75 6,459.88 3300 EXEC DIR OF HUMAN RESOURCES/RISK MG 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 3001 EXEC DIR OF INFO TECH SERVICES 0 81.54 6,523.42 1 -- -- 2 89.90 7,192.07 3 -- -- 4 99.12 7,929.54 6320 EXEC DIR OF PUBLIC WORKS 0 85.74 6,859.24 1 -- -- 2 -- -- 3 96.74 7,739.47 4 104.22 8,337.45 2022/12/06 City Council Post Agenda Page 773 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 19 of 71 2747 ACE ECONOMIC DEVELOPMENT SPEC I 0 30.54 2,443.06 1 32.07 2,565.22 2 33.67 2,693.48 3 35.35 2,828.15 4 37.12 2,969.56 2749 ACE ECONOMIC DEVELOPMENT SPEC II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 6438 ACE ELECTRICIAN 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 6492 ACE ELECTRONIC/EQUIPMENT INSTALLER 0 27.18 2,174.00 1 28.53 2,282.69 2 29.96 2,396.83 3 31.46 2,516.67 4 33.03 2,642.50 6475 ACE ELECTRONICS TECHNICIAN 0 32.88 2,630.53 1 34.53 2,762.06 2 36.25 2,900.17 3 38.06 3,045.17 4 39.97 3,197.42 6472 ACE ELECTRONICS TECHNICIAN SUPV 0 37.81 3,025.12 1 39.70 3,176.37 2 41.69 3,335.19 3 43.77 3,501.95 4 45.96 3,677.04 5560 SM EMERGENCY SERVICES MGR 0 49.72 3,977.42 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 2022/12/06 City Council Post Agenda Page 774 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 20 of 71 5557 PROF EMS EDUCATOR 0 43.09 3,447.52 1 45.25 3,619.89 2 47.51 3,800.90 3 49.89 3,990.94 4 52.38 4,190.48 5567 PROF EMS NURSE COORDINATOR 0 51.71 4,137.03 1 54.30 4,343.86 2 57.01 4,561.07 3 59.86 4,789.12 4 62.86 5,028.57 5657 NIAF EMT (NON-SAFETY) 0 15.60 1 16.38 2 17.20 3 18.06 4 18.96 5658 UCHR EMT (NON-SAFETY) 0 15.60 -- 1 16.38 -- 2 17.20 -- 3 18.06 -- 4 18.96 -- 6081 ACE ENGINEERING TECHNICIAN I 0 27.83 2,226.37 1 29.22 2,337.69 2 30.68 2,454.57 3 32.22 2,577.31 4 33.83 2,706.18 6071 ACE ENGINEERING TECHNICIAN II 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 6129 ACE ENVIRONMENTAL HEALTH SPEC 0 36.81 2,944.40 1 38.65 3,091.62 2 40.58 3,246.20 3 42.61 3,408.49 4 44.74 3,578.94 2022/12/06 City Council Post Agenda Page 775 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 21 of 71 6205 MM ENVIRONMENTAL SERVICES MANAGER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 6207 MM ENVIRONMENTAL SUSTNBILITY MGR 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 6505 MM EQUIPMENT MAINTENANCE MANAGER 0 40.49 3,239.46 1 42.52 3,401.43 2 44.64 3,571.51 3 46.88 3,750.09 4 49.22 3,937.59 6542 ACE EQUIPMENT MECHANIC 0 28.76 2,300.58 1 30.20 2,415.62 2 31.70 2,536.39 3 33.29 2,663.21 4 34.95 2,796.37 6544 UCHR EQUIPMENT MECHANIC 0 28.76 -- 1 30.20 -- 2 31.71 -- 3 33.29 -- 4 34.95 -- 6361 ACE EQUIPMENT OPERATOR 0 29.45 2,356.09 1 30.92 2,473.89 2 32.47 2,597.58 3 34.09 2,727.46 4 35.80 2,863.83 0187 CONF EXECUTIVE SECRETARY 0 33.54 2,682.89 1 35.21 2,817.03 2 36.97 2,957.87 3 38.82 3,105.77 4 40.76 3,261.05 2022/12/06 City Council Post Agenda Page 776 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 22 of 71 5270 CONF FA ACCOUNTING TECHNICIAN 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 5297 CONF FA ADMINSTRATIVE ANALYST I 0 31.16 2,492.93 1 32.72 2,617.60 2 34.36 2,748.45 3 36.07 2,885.88 4 37.88 3,030.17 5296 CONF FA ADMINSTRATIVE ANALYST II 0 34.28 2,742.22 1 35.99 2,879.33 2 37.79 3,023.30 3 39.68 3,174.48 4 41.66 3,333.19 5277 CONF FA ANALYST 0 23.81 1,905.01 1 25.00 2,000.26 2 26.25 2,100.28 3 27.57 2,205.29 4 28.94 2,315.56 5455 MMUC FA CYBER SECURITY PROG MGR 0 45.63 3,650.27 1 47.91 3,832.77 2 50.31 4,024.41 3 52.82 4,225.63 4 55.46 4,436.91 5465 SM FA DEPUTY DIRECTOR OF LECC 0 51.27 4,101.82 1 53.84 4,306.91 2 56.53 4,522.26 3 59.35 4,748.36 4 62.32 4,985.80 5463 SM FA DEPUTY EXECUTIVE DIRECTOR 0 56.30 4,504.17 1 -- -- 2 -- -- 3 -- -- 4 68.44 5,474.85 2022/12/06 City Council Post Agenda Page 777 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 23 of 71 5274 SM FA DIRECTOR OF SD LECC 0 66.23 5,298.14 1 -- -- 2 -- -- 3 -- -- 4 80.50 6,439.92 5286 CONF FA EXECUTIVE ASSISTANT 0 30.51 2,440.67 1 32.03 2,562.71 2 33.64 2,690.85 3 35.32 2,825.38 4 37.08 2,966.66 5461 EXEC FA EXECUTIVE DIRECTOR 0 60.19 4,815.34 1 -- -- 2 -- -- 3 -- -- 4 73.16 5,853.08 5493 MMUC FA FINANCE MANAGER 0 50.13 4,010.55 1 52.64 4,211.07 2 55.27 4,421.62 3 58.03 4,642.70 4 60.94 4,874.84 5439 PRUC FA GEOSPATIAL INTEL ANALYST 0 43.51 3,480.83 1 45.69 3,654.88 2 47.97 3,837.63 3 50.37 4,029.51 4 52.89 4,230.98 5289 CONF FA GRAPHIC DESIGNER/WEBMASTER 0 35.46 2,836.61 1 37.23 2,978.45 2 39.09 3,127.38 3 41.05 3,283.74 4 43.10 3,447.94 5453 MMUC FA INFO SYSTEMS PROGRAM MGR 0 50.76 4,060.42 1 53.29 4,263.44 2 55.96 4,476.59 3 58.76 4,700.43 4 61.69 4,935.46 2022/12/06 City Council Post Agenda Page 778 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 24 of 71 5485 CONF FA INTEL ANLYT 0 32.23 2,578.74 1 33.85 2,707.68 2 35.54 2,843.07 3 37.32 2,985.21 4 39.18 3,134.49 5491 SM FA IVDC-LECC EXEC DIRECTOR 0 57.48 4,598.46 1 60.35 4,828.39 2 63.37 5,069.80 3 66.54 5,323.30 4 69.87 5,589.46 5440 MMUC FA LECC INFO TECH MANAGER 0 46.41 3,712.89 1 48.73 3,898.53 2 51.17 4,093.47 3 53.73 4,298.13 4 56.41 4,513.04 5278 CONF FA MANAGEMENT ASSISTANT 0 29.06 2,324.46 1 30.51 2,440.67 2 32.03 2,562.72 3 33.64 2,690.86 4 35.32 2,825.39 5443 PRUC FA MICROCOMPUTER SPECIALIST 0 37.74 3,018.82 1 39.62 3,169.75 2 41.60 3,328.24 3 43.68 3,494.66 4 45.87 3,669.38 5292 PRUC FA NETWORK ADMINISTRATOR I 0 37.98 3,038.08 1 39.87 3,189.99 2 41.87 3,349.49 3 43.96 3,516.96 4 46.16 3,692.82 5294 PRUC FA NETWORK ADMINISTRATOR II 0 41.77 3,341.90 1 43.86 3,509.00 2 46.06 3,684.45 3 48.36 3,868.68 4 50.78 4,062.11 2022/12/06 City Council Post Agenda Page 779 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 25 of 71 5457 PRUC FA NETWORK ADMINISTRATOR III 0 44.00 3,519.89 1 46.20 3,695.89 2 48.51 3,880.67 3 50.93 4,074.71 4 53.48 4,278.45 5444 PRUC FA PROGRAM ANALYST 0 45.02 3,601.53 1 47.27 3,781.61 2 49.63 3,970.70 3 52.12 4,169.23 4 54.72 4,377.70 5451 CONF FA PROGRAM ASSISTANT 0 23.21 1,856.81 1 24.37 1,949.64 2 25.59 2,047.14 3 26.87 2,149.50 4 28.21 2,256.96 5452 PRUC FA PROGRAM ASSISTANT SUPV 0 32.74 2,619.42 1 34.38 2,750.39 2 36.10 2,887.91 3 37.90 3,032.31 4 39.80 3,183.91 5445 SM FA PROGRAM MANAGER 0 51.27 4,101.82 1 53.91 4,312.51 2 56.53 4,522.26 3 59.35 4,748.36 4 62.32 4,985.80 5497 MMUC FA PUBLIC-PRVT PART EXER MGR 0 47.20 3,776.15 1 49.56 3,964.95 2 52.04 4,163.19 3 54.64 4,371.36 4 57.37 4,589.93 5284 CONF FA RCFL NETWORK ENGINEER 0 37.41 2,992.56 1 39.28 3,142.18 2 41.24 3,299.30 3 43.30 3,464.26 4 45.47 3,637.47 2022/12/06 City Council Post Agenda Page 780 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 26 of 71 5495 PRUC FA SENIOR FINANCIAL ANALYST 0 35.28 2,822.32 1 37.04 2,963.43 2 38.90 3,111.62 3 40.84 3,267.19 4 42.88 3,430.55 5483 PRUC FA SENIOR INTELLIGENCE ANALYST 0 37.15 2,972.19 1 39.01 3,120.81 2 40.96 3,276.85 3 43.01 3,440.69 4 45.16 3,612.72 5454 CONF FA SENIOR PROGRAM ASSISTANT 0 27.61 2,209.13 1 28.99 2,319.58 2 30.44 2,435.57 3 31.97 2,557.35 4 33.57 2,685.22 5477 CONF FA SENIOR SECRETARY 0 23.88 1,910.12 1 25.07 2,005.63 2 26.32 2,105.90 3 27.64 2,211.21 4 29.02 2,321.76 5489 PRUC FA SUP INTEL ANALYST I 0 40.87 3,269.42 1 42.91 3,432.89 2 45.06 3,604.53 3 47.31 3,784.76 4 49.68 3,974.00 5487 PRUC FA SUP INTEL ANALYST II 0 47.00 3,759.83 1 49.35 3,947.82 2 51.82 4,145.22 3 54.41 4,352.48 4 57.13 4,570.10 4051 SM FAC FINANCE MANAGER 0 49.72 3,977.41 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 2022/12/06 City Council Post Agenda Page 781 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 27 of 71 6425 MM FACILITIES MANAGER 0 46.12 3,689.71 1 48.43 3,874.19 2 50.85 4,067.90 3 53.39 4,271.30 4 56.06 4,484.87 7471 ACE FIELD MAINTENANCE SPECIALIST 0 22.46 1,796.83 1 23.58 1,886.67 2 24.76 1,981.00 3 26.00 2,080.06 4 27.30 2,184.06 3623 SM FINANCE MGR 0 56.57 4,525.50 1 -- -- 2 -- -- 3 -- -- 4 68.76 5,500.78 3624 SM FINANCE MGR (CPA) 0 62.23 4,978.05 1 -- -- 2 69.33 5,546.16 3 -- -- 4 75.64 6,050.86 3622 UCHR FINANCE MGR CPA (HOURLY) 0 62.23 -- 1 -- -- 2 69.33 -- 3 -- -- 4 75.64 -- 6521 ACE FIRE APPARATUS MECHANIC (T) 0 34.39 2,751.50 1 36.11 2,889.07 2 37.92 3,033.53 3 39.82 3,185.21 4 41.81 3,344.47 5511 IAFF FIRE BATTALION CHIEF - A 0 40.03 4,483.11 1 42.03 4,707.28 2 44.13 4,942.65 3 46.34 5,189.78 4 48.65 5,449.26 2022/12/06 City Council Post Agenda Page 782 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 28 of 71 5513 IAFF FIRE BATTALION CHIEF - C 0 56.04 4,483.12 1 58.84 4,707.28 2 61.78 4,942.64 3 64.87 5,189.77 4 68.12 5,449.26 5583 IAFF FIRE CAPTAIN - A 0 32.32 3,619.73 1 33.93 3,800.71 2 35.63 3,990.75 3 37.41 4,190.29 4 39.28 4,399.79 5582 IAFF FIRE CAPTAIN - B 0 43.09 3,619.73 1 45.25 3,800.70 2 47.51 3,990.74 3 49.88 4,190.28 4 52.38 4,399.79 5581 IAFF FIRE CAPTAIN - C 0 45.25 3,619.73 1 47.51 3,800.70 2 49.88 3,990.74 3 52.38 4,190.28 4 55.00 4,399.79 5501 EXEC FIRE CHIEF 0 92.50 7,399.82 1 -- -- 2 109.64 8,771.27 3 -- -- 4 112.43 8,994.11 5507 MMUC FIRE DIVISION CHIEF 0 66.76 5,340.63 1 70.10 5,607.65 2 73.60 5,888.04 3 77.28 6,182.43 4 81.14 6,491.56 5603 IAFF FIRE ENGINEER - A 0 28.07 3,144.14 1 29.48 3,301.35 2 30.95 3,466.42 3 32.50 3,639.74 4 34.12 3,821.72 2022/12/06 City Council Post Agenda Page 783 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 29 of 71 5601 IAFF FIRE ENGINEER - C 0 39.30 3,144.15 1 41.27 3,301.35 2 43.33 3,466.42 3 45.50 3,639.74 4 47.77 3,821.73 5536 UCHR FIRE INSPECTOR 0 32.44 -- 1 34.06 -- 2 35.76 -- 3 37.55 -- 4 39.43 -- 5530 IAFF FIRE INSPECTOR/INVESTIGATOR I 0 32.44 2,594.95 1 34.06 2,724.70 2 35.76 2,860.94 3 37.55 3,003.99 4 39.43 3,154.19 5534 UCHR FIRE INSPECTOR/INVESTIGATOR I 0 32.44 -- 1 34.06 -- 2 35.76 -- 3 37.55 -- 4 39.43 -- 5531 IAFF FIRE INSPECTOR/INVESTIGATOR II 0 35.68 2,854.44 1 37.46 2,997.16 2 39.34 3,147.02 3 41.30 3,304.37 4 43.37 3,469.59 5532 UCHR FIRE INSPECTOR/INVESTIGATOR II 0 35.68 -- 1 37.46 -- 2 39.34 -- 3 41.30 -- 4 43.37 -- 5555 ACE FIRE INVENTORY SPECIALIST 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 2022/12/06 City Council Post Agenda Page 784 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 30 of 71 5533 UCHR FIRE PREVENTION AIDE 0 15.57 -- 1 16.34 -- 2 17.16 -- 3 18.02 -- 4 18.92 -- 5528 IAFF FIRE PREVENTION ENG/INVSTGTR 0 43.04 3,442.80 1 45.19 3,614.94 2 47.45 3,795.68 3 49.82 3,985.47 4 52.31 4,184.74 5537 ACE FIRE PREVENTION SPECIALIST 0 26.27 2,101.24 1 27.58 2,206.30 2 28.96 2,316.62 3 30.41 2,432.46 4 32.00 2,560.19 5625 ACE FIRE RECRUIT 0 24.99 1,998.81 1 26.23 2,098.75 2 27.55 2,203.69 3 28.92 2,313.87 4 30.37 2,429.57 5623 IAFF FIREFIGHTER - A 0 23.28 2,607.73 1 24.45 2,738.12 2 25.67 2,875.02 3 26.95 3,018.78 4 28.30 3,169.70 5621 IAFF FIREFIGHTER - C 0 32.60 2,607.73 1 34.23 2,738.12 2 35.94 2,875.02 3 37.73 3,018.77 4 39.62 3,169.71 5613 IAFF FIREFIGHTER/PARAMEDIC - A 0 26.78 2,998.89 1 28.11 3,148.84 2 29.52 3,306.28 3 31.00 3,471.59 4 32.55 3,645.16 2022/12/06 City Council Post Agenda Page 785 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 31 of 71 5612 IAFF FIREFIGHTER/PARAMEDIC - B 0 35.70 2,998.88 1 37.49 3,148.84 2 39.36 3,306.28 3 41.33 3,471.58 4 43.39 3,645.17 5611 IAFF FIREFIGHTER/PARAMEDIC - C 0 37.49 2,998.89 1 39.36 3,148.84 2 41.33 3,306.28 3 43.39 3,471.58 4 45.56 3,645.17 0216 PRCF FISCAL AND MANAGEMENT ANALYST 0 49.11 3,928.65 1 51.56 4,125.08 2 54.14 4,331.33 3 56.85 4,547.90 4 59.69 4,775.30 3627 MMCF FISCAL DEBT MGMT ANALYST 0 49.11 3,928.65 1 51.56 4,125.08 2 54.14 4,331.33 3 56.85 4,547.90 4 59.69 4,775.30 0169 ACE FISCAL OFFICE SPECIALIST 0 20.72 1,657.55 1 21.76 1,740.44 2 22.84 1,827.45 3 23.99 1,918.81 4 25.18 2,014.76 0170 UCHR FISCAL OFFICE SPECIALIST 0 20.72 -- 1 21.76 -- 2 22.84 -- 3 23.99 -- 4 25.18 -- 6513 ACE FLEET INVENTORY CONTROL SPEC 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 2022/12/06 City Council Post Agenda Page 786 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 32 of 71 6501 MM FLEET MANAGER 0 44.98 3,598.70 1 47.23 3,778.63 2 49.59 3,967.56 3 52.07 4,165.94 4 54.68 4,374.23 6507 ACE FLEET SUPERVISOR 0 37.00 2,960.05 1 38.85 3,108.05 2 40.79 3,263.46 3 42.83 3,426.63 4 44.97 3,597.96 5114 ACE FORENSICS SPECIALIST 0 32.86 2,628.62 1 34.50 2,760.05 2 36.23 2,898.09 3 38.04 3,042.97 4 39.94 3,195.12 6629 UCHR GARDENER (SEASONAL) 0 18.19 -- 1 19.10 -- 2 20.06 -- 3 21.06 -- 4 22.11 -- 3075 ACE GIS ANALYST 0 33.42 2,673.78 1 35.09 2,807.47 2 36.85 2,947.84 3 38.69 3,095.23 4 40.63 3,250.00 3079 MM GIS MANAGER 0 47.49 3,799.18 1 49.86 3,989.14 2 52.36 4,188.59 3 54.98 4,398.02 4 57.72 4,617.93 3077 ACE GIS TECHNICIAN 0 28.48 2,278.26 1 29.90 2,392.17 2 31.40 2,511.78 3 32.97 2,637.37 4 34.62 2,769.24 2022/12/06 City Council Post Agenda Page 787 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 33 of 71 2775 ACE GRAPHIC DESIGNER 0 29.31 2,344.98 1 30.78 2,462.22 2 32.32 2,585.33 3 33.93 2,714.61 4 35.63 2,850.32 4321 MM HOMELESS SERVICES MANAGER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 4311 MM HOUSING MANAGER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 3310 PRCF HUMAN RESOURCES ANALYST 0 36.13 2,890.23 1 37.93 3,034.74 2 39.83 3,186.48 3 41.82 3,345.80 4 43.91 3,513.09 3312 UCHR HUMAN RESOURCES ANALYST 0 36.13 -- 1 37.93 -- 2 39.83 -- 3 41.82 -- 4 43.91 -- 3331 SM HUMAN RESOURCES MANAGER 0 60.21 4,817.18 1 -- -- 2 -- -- 3 -- -- 4 73.19 5,855.08 3332 UCHR HUMAN RESOURCES MANAGER 0 60.21 -- 1 -- -- 2 -- -- 3 -- -- 4 73.19 -- 2022/12/06 City Council Post Agenda Page 788 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 34 of 71 3314 UCHR HUMAN RESOURCES TECHNICIAN 0 26.69 -- 1 28.02 -- 2 29.42 -- 3 30.89 -- 4 32.44 -- 3315 CONF HUMAN RESOURCES TECHNICIAN 0 26.69 2,135.03 1 28.02 2,241.79 2 29.42 2,353.87 3 30.89 2,471.56 4 32.44 2,595.15 6430 ACE HVAC TECHNICIAN 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 5104 SM INFO TECHNOLOGY MANAGER 0 57.88 4,630.03 1 -- -- 2 62.69 5,015.54 3 -- -- 4 69.45 5,556.25 3033 SM INFO TECHNOLOGY PROJ MANAGER 0 56.92 4,553.28 1 -- -- 2 -- -- 3 -- -- 4 69.18 5,534.54 3055 PROF INFO TECHNOLOGY SEC ANALYST 0 47.62 3,809.28 1 50.00 3,999.74 2 52.50 4,199.73 3 55.12 4,409.71 4 57.88 4,630.20 3014 PROF INFO TECHNOLOGY SPECIALIST (T) 0 37.74 3,018.83 1 39.62 3,169.76 2 41.60 3,328.25 3 43.68 3,494.67 4 45.87 3,669.40 2022/12/06 City Council Post Agenda Page 789 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 35 of 71 3017 ACE INFO TECHNOLOGY TECHNICIAN 0 28.76 2,300.58 1 30.20 2,415.62 2 31.70 2,536.39 3 33.29 2,663.21 4 34.95 2,796.37 3018 UCHR INFO TECHNOLOGY TECHNICIAN 0 28.76 -- 1 30.20 -- 2 31.71 -- 3 33.29 -- 4 34.95 -- 0269 UCHR INTERN - GRADUATE 0 16.50 -- 1 17.33 -- 2 18.19 -- 3 19.10 -- 4 20.06 -- 0267 UCHR INTERN - UNDERGRADUATE 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 4480 PROF LANDSCAPE ARCHITECT 0 41.12 3,289.42 1 43.17 3,453.89 2 45.33 3,626.59 3 47.60 3,807.91 4 49.98 3,998.31 6291 ACE LANDSCAPE INSPECTOR 0 35.20 2,816.37 1 36.96 2,957.19 2 38.81 3,105.05 3 40.75 3,260.31 4 42.79 3,423.32 4482 ACE LANDSCAPE PLANNER I 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 2022/12/06 City Council Post Agenda Page 790 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 36 of 71 4483 ACE LANDSCAPE PLANNER II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5111 ACE LATENT PRINT EXAMINER 0 37.79 3,022.93 1 39.68 3,174.09 2 41.66 3,332.78 3 43.74 3,499.43 4 45.93 3,674.38 5112 UCHR LATENT PRINT EXAMINER 0 37.79 -- 1 39.68 -- 2 41.66 -- 3 43.74 -- 4 45.93 -- 2465 MMUC LAW OFFICE MANAGER 0 37.81 3,024.65 1 39.70 3,175.89 2 41.68 3,334.68 3 43.77 3,501.43 4 45.96 3,676.50 6663 ACE LEAD CUSTODIAN 0 22.31 1,784.92 1 23.43 1,874.16 2 24.60 1,967.88 3 25.83 2,066.27 4 27.12 2,169.58 0183 CONF LEGAL ASSISTANT 0 27.99 2,239.22 1 29.39 2,351.18 2 30.86 2,468.75 3 32.40 2,592.17 4 34.02 2,721.78 7075 ACE LIBRARIAN I 0 28.21 2,256.69 1 29.62 2,369.52 2 31.10 2,488.00 3 32.66 2,612.40 4 34.29 2,743.02 2022/12/06 City Council Post Agenda Page 791 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 37 of 71 7076 UCHR LIBRARIAN I 0 28.21 -- 1 29.62 -- 2 31.10 -- 3 32.66 -- 4 34.29 -- 7073 ACE LIBRARIAN II 0 31.03 2,482.35 1 32.58 2,606.48 2 34.21 2,736.80 3 35.92 2,873.64 4 37.72 3,017.32 7074 UCHR LIBRARIAN II 0 31.03 -- 1 32.58 -- 2 34.21 -- 3 35.92 -- 4 37.72 -- 7071 ACE LIBRARIAN III 0 34.13 2,730.59 1 35.84 2,867.13 2 37.63 3,010.48 3 39.51 3,161.00 4 41.49 3,319.06 7181 UCHR LIBRARY AIDE 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 7157 ACE LIBRARY ASSISTANT 0 19.12 1,529.28 1 20.07 1,605.76 2 21.08 1,686.03 3 22.13 1,770.33 4 23.24 1,858.86 7091 ACE LIBRARY ASSOCIATE 0 24.16 1,932.84 1 25.37 2,029.48 2 26.64 2,130.96 3 27.97 2,237.51 4 29.37 2,349.40 2022/12/06 City Council Post Agenda Page 792 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 38 of 71 7092 UCHR LIBRARY ASSOCIATE 0 24.16 -- 1 25.37 -- 2 26.64 -- 3 27.97 -- 4 29.37 -- 7025 MM LIBRARY DIGITAL SERVICES MGR 0 44.70 3,576.06 1 46.94 3,754.85 2 49.28 3,942.59 3 51.75 4,139.73 4 54.33 4,346.72 7029 MM LIBRARY OPERATIONS MANAGER 0 51.43 4,114.31 1 54.00 4,320.04 2 56.70 4,536.03 3 59.54 4,762.83 4 62.51 5,000.97 7121 ACE LIBRARY TECHNICIAN 0 21.98 1,758.68 1 23.08 1,846.62 2 24.24 1,938.96 3 25.45 2,035.90 4 26.72 2,137.69 7587 UCHR LIFEGUARD I 0 16.02 -- 1 16.82 -- 2 17.66 -- 3 18.54 -- 4 19.47 -- 7585 UCHR LIFEGUARD II 0 17.61 -- 1 18.49 -- 2 19.42 -- 3 20.39 -- 4 21.41 -- 6443 ACE LOCKSMITH 0 27.93 2,234.20 1 29.32 2,345.90 2 30.79 2,463.20 3 32.33 2,586.36 4 33.95 2,715.69 2022/12/06 City Council Post Agenda Page 793 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 39 of 71 6377 ACE MAINTENANCE WORKER I 0 20.99 1,679.22 1 22.04 1,763.18 2 23.14 1,851.34 3 24.30 1,943.91 4 25.51 2,041.10 6379 UCHR MAINTENANCE WORKER I 0 20.99 -- 1 22.04 -- 2 23.14 -- 3 24.30 -- 4 25.51 -- 6373 ACE MAINTENANCE WORKER II 0 23.09 1,847.14 1 24.24 1,939.50 2 25.46 2,036.47 3 26.73 2,138.30 4 28.07 2,245.21 0228 CONF MANAGEMENT ANALYST I 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 0229 ACE MANAGEMENT ANALYST I 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 0224 CONF MANAGEMENT ANALYST II 0 34.93 2,794.12 1 36.67 2,933.83 2 38.51 3,080.50 3 40.43 3,234.53 4 42.45 3,396.25 0227 ACE MANAGEMENT ANALYST II 0 34.93 2,794.12 1 36.67 2,933.83 2 38.51 3,080.50 3 40.43 3,234.53 4 42.45 3,396.25 2022/12/06 City Council Post Agenda Page 794 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 40 of 71 2781 SM MARKETING & COMMUNICATIONS MGR 0 60.41 4,832.76 1 -- -- 2 62.11 4,969.08 3 -- -- 4 73.43 5,874.25 2001 MY MAYOR 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 72.70 5,816.25 6550 ACE MECHANIC ASSISTANT 0 22.53 1,802.27 1 23.65 1,892.38 2 24.84 1,987.00 3 26.08 2,086.35 4 27.38 2,190.66 0238 CONF MGMT ANALYST I (CM'S OFFICE) 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 5571 PROF MULTIMEDIA DESIGNER 0 33.91 2,712.63 1 35.60 2,848.26 2 37.38 2,990.68 3 39.25 3,140.21 4 41.22 3,297.22 5569 ACE MULTIMEDIA PRODUCTON SPCLST 0 28.22 2,257.24 1 29.63 2,370.10 2 31.11 2,488.61 3 32.66 2,613.04 4 34.30 2,743.69 0160 UCHR OFFICE SPECIALIST 0 19.73 -- 1 20.72 -- 2 21.76 -- 3 22.84 -- 4 23.98 -- 2022/12/06 City Council Post Agenda Page 795 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 41 of 71 0161 ACE OFFICE SPECIALIST 0 19.73 1,578.59 1 20.72 1,657.52 2 21.76 1,740.41 3 22.84 1,827.42 4 23.98 1,918.78 0162 ACE OFFICE SPECIALIST-MAYOR 0 19.73 1,578.59 1 20.72 1,657.52 2 21.76 1,740.41 3 22.84 1,827.42 4 23.98 1,918.78 6311 ACE OPEN SPACE INSPECTOR 0 35.20 2,816.37 1 36.96 2,957.19 2 38.81 3,105.05 3 40.75 3,260.31 4 42.79 3,423.32 6302 MM OPEN SPACE MANAGER 0 43.60 3,488.22 1 45.78 3,662.63 2 48.07 3,845.76 3 50.48 4,038.05 4 53.00 4,239.96 3025 MM OPERATIONS AND TELECOMM MGR 0 47.49 3,799.18 1 49.86 3,989.14 2 52.36 4,188.59 3 54.98 4,398.02 4 57.72 4,617.93 6434 ACE PAINTER 0 26.66 2,132.66 1 27.99 2,239.28 2 29.39 2,351.24 3 30.86 2,468.82 4 32.40 2,592.25 2475 CONF PARALEGAL 0 30.04 2,403.02 1 31.54 2,523.16 2 33.12 2,649.33 3 34.77 2,781.80 4 36.51 2,920.88 2022/12/06 City Council Post Agenda Page 796 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 42 of 71 2476 UCHR PARALEGAL 0 30.04 -- 1 31.54 -- 2 33.12 -- 3 34.77 -- 4 36.51 -- 5655 NIAF PARAMEDIC (NON-SAFETY) 0 18.72 1 19.66 2 20.64 3 21.67 4 22.75 5656 UCHR PARAMEDIC (NS/HRLY) 0 18.72 -- 1 19.66 -- 2 20.64 -- 3 21.67 -- 4 22.75 -- 7434 UCHR PARK RANGER 0 15.89 -- 1 16.68 -- 2 17.51 -- 3 18.39 -- 4 19.31 -- 7431 PROF PARK RANGER PROGRAM MANAGER 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 7441 ACE PARK RANGER SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 5152 UCHR PARKING ENFORCEMENT OFFICER 0 21.24 -- 1 22.30 -- 2 23.42 -- 3 24.59 -- 4 25.82 -- 2022/12/06 City Council Post Agenda Page 797 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 43 of 71 5154 ACE PARKING ENFORCEMENT OFFICER 0 21.24 1,699.41 1 22.30 1,784.38 2 23.42 1,873.60 3 24.59 1,967.27 4 25.82 2,065.64 3693 ACE PARKING METER TECHNICIAN 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 7407 SM PARKS & RECREATION ADM 0 60.46 4,837.00 1 63.49 5,078.84 2 66.66 5,332.79 3 69.99 5,599.42 4 73.49 5,879.39 6619 ACE PARKS MAINT WORKER I 0 21.02 1,681.52 1 22.07 1,765.59 2 23.17 1,853.87 3 24.33 1,946.57 4 25.55 2,043.90 6617 ACE PARKS MAINT WORKER II 0 23.12 1,849.67 1 24.28 1,942.15 2 25.49 2,039.27 3 26.77 2,141.22 4 28.10 2,248.28 6604 MM PARKS MANAGER 0 43.61 3,488.47 1 45.79 3,662.89 2 48.08 3,846.03 3 50.48 4,038.33 4 53.00 4,240.24 6605 ACE PARKS SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 2022/12/06 City Council Post Agenda Page 798 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 44 of 71 3665 CONF PAYROLL SPECIALIST 0 28.16 2,252.44 1 29.56 2,365.06 2 31.04 2,483.31 3 32.59 2,607.48 4 34.22 2,737.85 3663 CONF PAYROLL SUPERVISOR 0 33.32 2,665.99 1 34.99 2,799.30 2 36.74 2,939.26 3 38.58 3,086.22 4 40.51 3,240.54 5061 POA PEACE OFFICER 0 42.17 3,373.65 1 44.28 3,542.32 2 46.49 3,719.44 3 48.82 3,905.41 4 51.26 4,100.68 4731 MM PLAN CHECK SUPERVISOR 0 50.36 4,028.85 1 52.88 4,230.28 2 55.52 4,441.80 3 58.30 4,663.89 4 61.21 4,897.07 4753 ACE PLAN CHECK TECHNICIAN 0 30.61 2,449.02 1 32.14 2,571.47 2 33.75 2,700.04 3 35.44 2,835.05 4 37.21 2,976.80 4727 SM PLANNING MANAGER 0 63.92 5,113.63 1 -- -- 2 68.97 5,517.68 3 72.42 5,793.56 4 77.11 6,169.01 4527 ACE PLANNING TECHNICIAN 0 25.15 2,012.24 1 26.41 2,112.83 2 27.73 2,218.47 3 29.12 2,329.40 4 30.57 2,445.87 2022/12/06 City Council Post Agenda Page 799 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 45 of 71 6432 ACE PLUMBER 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 5025 SM POLICE ADMIN SVCS ADMINISTRATR 0 58.71 4,696.90 1 -- -- 2 -- -- 3 -- -- 4 71.36 5,708.92 5051 POA POLICE AGENT 0 46.44 3,714.92 1 48.76 3,900.67 2 51.20 4,095.70 3 53.76 4,300.47 4 56.44 4,515.49 5022 SM POLICE CAPTAIN 0 80.90 6,472.10 1 -- -- 2 -- -- 3 -- -- 4 98.33 7,866.56 5258 ACE POLICE COMM RELATIONS SPEC 0 26.87 2,149.75 1 28.22 2,257.24 2 29.63 2,370.10 3 31.11 2,488.61 4 32.66 2,613.04 5185 MM POLICE COMMUNICATIONS SYS MGR 0 47.77 3,821.44 1 50.16 4,012.51 2 52.66 4,213.14 3 55.30 4,423.79 4 58.06 4,644.98 5187 UCHR POLICE DISPATCH CALLTAKER 0 20.66 -- 1 21.69 -- 2 22.78 -- 3 23.92 -- 4 25.11 -- 2022/12/06 City Council Post Agenda Page 800 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 46 of 71 5180 UCHR POLICE DISPATCHER 0 29.72 -- 1 31.21 -- 2 32.77 -- 3 34.41 -- 4 36.13 -- 5181 ACE POLICE DISPATCHER 0 29.72 2,377.95 1 31.21 2,496.85 2 32.77 2,621.69 3 34.41 2,752.77 4 36.13 2,890.40 5183 ACE POLICE DISPATCHER SUPERVISOR 0 34.59 2,767.24 1 36.32 2,905.60 2 38.14 3,050.88 3 40.04 3,203.43 4 42.05 3,363.60 5179 ACE POLICE DISPATCHER TRAINEE 0 27.02 2,161.77 1 28.37 2,269.86 2 29.79 2,383.35 3 31.28 2,502.52 4 32.85 2,627.64 5191 ACE POLICE FACILITY & SUPPLY COORD 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 5031 POA POLICE LIEUTENANT 0 64.10 5,128.31 1 67.31 5,384.72 2 70.67 5,653.96 3 74.21 5,936.67 4 77.92 6,233.50 5203 ACE POLICE RECORDS & SUPPORT SUPV 0 26.60 2,127.95 1 27.93 2,234.35 2 29.33 2,346.07 3 30.79 2,463.37 4 32.33 2,586.54 2022/12/06 City Council Post Agenda Page 801 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 47 of 71 0165 ACE POLICE RECORDS SPECIALIST 0 20.11 1,609.04 1 21.12 1,689.49 2 22.17 1,773.96 3 23.28 1,862.66 4 24.45 1,955.80 0166 UCHR POLICE RECORDS SPECIALIST 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.45 -- 5071 ACE POLICE RECRUIT 0 31.93 2,554.55 1 33.53 2,682.26 2 35.20 2,816.37 3 36.96 2,957.19 4 38.81 3,105.05 5041 POA POLICE SERGEANT 0 53.42 4,273.27 1 56.09 4,486.94 2 58.89 4,711.29 3 61.84 4,946.84 4 64.93 5,194.19 5415 ACE POLICE SERVICES TECHNICIAN 0 25.33 2,026.01 1 26.59 2,127.31 2 27.92 2,233.69 3 29.32 2,345.36 4 30.78 2,462.64 5207 UCHR POLICE SUPPORT SERVICES AIDE 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 5205 MM POLICE SUPPORT SERVICES MGR 0 44.64 3,570.92 1 46.87 3,749.47 2 49.21 3,936.94 3 51.67 4,133.78 4 54.26 4,340.47 2022/12/06 City Council Post Agenda Page 802 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 48 of 71 5209 MM POLICE TECHNOLOGY MANAGER 0 47.49 3,799.18 1 49.86 3,989.14 2 52.36 4,188.59 3 54.98 4,398.02 4 57.72 4,617.93 5107 ACE POLICE TECHNOLOGY SPECIALIST 0 40.04 3,202.98 1 42.04 3,363.13 2 44.14 3,531.29 3 46.35 3,707.84 4 48.67 3,893.24 2013 PRUC POLICY AIDE 0 30.23 2,418.29 1 31.74 2,539.21 2 33.33 2,666.16 3 34.99 2,799.47 4 36.74 2,939.45 3629 MMCF PRINCIPAL ACCOUNTANT 0 44.25 3,539.84 1 46.46 3,716.83 2 48.78 3,902.67 3 51.22 4,097.80 4 53.78 4,302.69 6021 MM PRINCIPAL CIVIL ENGINEER 0 61.12 4,889.53 1 64.18 5,134.01 2 67.38 5,390.71 3 70.75 5,660.25 4 74.29 5,943.26 2724 MM PRINCIPAL ECON DEV SPECIALIST 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 4486 MM PRINCIPAL LANDSCAPE ARCHITECT 0 51.40 4,112.15 1 53.97 4,317.76 2 56.67 4,533.65 3 59.50 4,760.33 4 62.48 4,998.34 2022/12/06 City Council Post Agenda Page 803 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 49 of 71 7051 MM PRINCIPAL LIBRARIAN 0 44.70 3,576.06 1 46.94 3,754.85 2 49.28 3,942.59 3 51.75 4,139.73 4 54.33 4,346.72 0208 PROF PRINCIPAL MANAGEMENT ANALYST 0 46.77 3,741.61 1 49.11 3,928.69 2 51.56 4,125.12 3 54.14 4,331.38 4 56.85 4,547.95 0214 PRCF PRINCIPAL MANAGEMENT ANALYST 0 46.77 3,741.61 1 49.11 3,928.69 2 51.56 4,125.12 3 54.14 4,331.38 4 56.85 4,547.95 4431 MM PRINCIPAL PLANNER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 4212 PROF PRINCIPAL PROJECT COORDINATOR 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 7410 MM PRINCIPAL RECREATION MANAGER 0 44.96 3,596.56 1 47.20 3,776.38 2 49.57 3,965.20 3 52.04 4,163.46 4 54.65 4,371.64 6020 MM PRINCIPAL TRAFFIC ENGINEER 0 61.12 4,889.53 1 64.18 5,134.01 2 67.38 5,390.71 3 70.75 5,660.25 4 74.29 5,943.26 2022/12/06 City Council Post Agenda Page 804 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 50 of 71 3717 MM PROCUREMENT SERVICES ANALYST 0 44.26 3,541.02 1 46.48 3,718.07 2 48.80 3,903.97 3 51.24 4,099.17 4 53.80 4,304.13 3721 ACE PROCUREMENT SPECIALIST 0 31.12 2,489.40 1 32.67 2,613.85 2 34.31 2,744.53 3 36.02 2,881.78 4 37.82 3,025.86 3090 PROF PROGRAMMER ANALYST 0 39.86 3,188.54 1 41.85 3,347.96 2 43.94 3,515.37 3 46.14 3,691.14 4 48.45 3,875.69 4217 ACE PROJECT COORDINATOR I 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 4218 UCHR PROJECT COORDINATOR I 0 33.31 -- 1 34.98 -- 2 36.73 -- 3 38.57 -- 4 40.49 -- 4215 ACE PROJECT COORDINATOR II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5127 ACE PROPERTY & EVIDENCE SPECIALIST 0 22.25 1,779.83 1 23.36 1,868.82 2 24.53 1,962.27 3 25.75 2,060.38 4 27.04 2,163.40 2022/12/06 City Council Post Agenda Page 805 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 51 of 71 5128 UCHR PROPERTY & EVIDENCE SPECIALIST 0 22.25 -- 1 23.36 -- 2 24.53 -- 3 25.75 -- 4 27.04 -- 5121 ACE PROPERTY & EVIDENCE SUPERVISOR 0 29.42 2,353.82 1 30.89 2,471.52 2 32.44 2,595.09 3 34.06 2,724.85 4 35.76 2,861.09 2782 CONF PUBLIC INFORMATION SPECIALIST 0 31.32 2,505.96 1 32.89 2,631.28 2 34.54 2,762.82 3 36.26 2,900.97 4 38.08 3,046.02 2783 ACE PUBLIC INFORMATION SPECIALIST 0 31.32 2,505.96 1 32.89 2,631.28 2 34.54 2,762.82 3 36.26 2,900.97 4 38.08 3,046.02 5254 ACE PUBLIC SAFETY ANALYST 0 34.28 2,742.22 1 35.99 2,879.33 2 37.79 3,023.30 3 39.68 3,174.48 4 41.66 3,333.19 5256 UCHR PUBLIC SAFETY ANALYST 0 34.28 -- 1 35.99 -- 2 37.79 -- 3 39.68 -- 4 41.66 -- 6123 ACE PUBLIC WORKS INSPECTOR I 0 32.00 2,560.35 1 33.60 2,688.35 2 35.28 2,822.78 3 37.05 2,963.91 4 38.90 3,112.11 2022/12/06 City Council Post Agenda Page 806 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 52 of 71 6121 ACE PUBLIC WORKS INSPECTOR II 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 6336 MM PUBLIC WORKS MANAGER 0 45.83 3,666.11 1 48.12 3,849.41 2 50.52 4,041.88 3 53.05 4,243.98 4 55.70 4,456.18 6712 ACE PUBLIC WORKS SPECIALIST 0 25.51 2,040.85 1 26.79 2,142.88 2 28.13 2,250.02 3 29.53 2,362.52 4 31.01 2,480.67 6327 SM PUBLIC WORKS SUPERINTENDENT 0 58.78 4,702.35 1 61.72 4,937.46 2 64.80 5,184.34 3 68.04 5,443.55 4 71.45 5,715.74 6337 ACE PUBLIC WORKS SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 6392 ACE PUMP MAINTENANCE SUPERVISOR 0 34.57 2,765.93 1 36.30 2,904.24 2 38.12 3,049.44 3 40.02 3,201.91 4 42.03 3,362.01 6396 ACE PUMP MAINTENANCE TECHNICIAN 0 30.06 2,405.16 1 31.57 2,525.42 2 33.15 2,651.68 3 34.80 2,784.26 4 36.54 2,923.48 2022/12/06 City Council Post Agenda Page 807 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 53 of 71 5417 ACE RANGE MASTER 0 25.70 2,056.28 1 26.99 2,159.10 2 28.34 2,267.05 3 29.76 2,380.40 4 31.24 2,499.43 5418 UCHR RANGE MASTER 0 25.70 -- 1 26.99 -- 2 28.34 -- 3 29.76 -- 4 31.24 -- 2211 MM RECORDS MANAGER 0 35.55 2,843.62 1 37.32 2,985.81 2 39.19 3,135.09 3 41.15 3,291.86 4 43.21 3,456.44 2217 ACE RECORDS SPECIALIST 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 7605 UCHR RECREATION AIDE 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 7603 UCHR RECREATION LEADER 0 17.25 -- 1 18.11 -- 2 19.02 -- 3 19.97 -- 4 20.97 -- 7601 UCHR RECREATION SPECIALIST 0 20.70 -- 1 21.74 -- 2 22.82 -- 3 23.96 -- 4 25.16 -- 2022/12/06 City Council Post Agenda Page 808 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 54 of 71 7425 ACE RECREATION SUPERVISOR I 0 25.88 2,070.77 1 27.18 2,174.30 2 28.54 2,283.03 3 29.96 2,397.17 4 31.46 2,517.03 7426 UCHR RECREATION SUPERVISOR I 0 25.88 -- 1 27.18 -- 2 28.54 -- 3 29.96 -- 4 31.46 -- 7423 ACE RECREATION SUPERVISOR II 0 28.47 2,277.84 1 29.90 2,391.74 2 31.39 2,511.32 3 32.96 2,636.89 4 34.61 2,768.74 7422 ACE RECREATION SUPERVISOR III 0 32.74 2,619.52 1 34.38 2,750.50 2 36.10 2,888.03 3 37.91 3,032.42 4 39.80 3,184.04 2742 ACE RECYCLING SPECIALIST I 0 25.27 2,021.74 1 26.54 2,122.83 2 27.86 2,228.98 3 29.26 2,340.41 4 30.72 2,457.44 2744 ACE RECYCLING SPECIALIST II 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 5307 ACE REGISTERED VETERINARY TECH 0 24.13 1,930.56 1 25.34 2,027.09 2 26.61 2,128.45 3 27.94 2,234.88 4 29.33 2,346.63 2022/12/06 City Council Post Agenda Page 809 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 55 of 71 5312 UCHR REGISTERED VETERINARY TECH 0 24.13 -- 1 25.34 -- 2 26.61 -- 3 27.94 -- 4 29.33 -- 5081 UCHR RESERVE OFFICER 0 14.24 -- 1 14.95 -- 2 15.69 -- 3 -- -- 4 -- -- 9903 UCHR RET ANNT - HOMELESS SOL COORD 0 37.77 -- 1 39.66 -- 2 41.64 -- 3 43.72 -- 4 45.91 -- 3689 SM REVENUE MANAGER 0 56.57 4,525.50 1 59.40 4,751.77 2 62.37 4,989.36 3 65.49 5,238.83 4 68.76 5,500.78 3367 PRCF RISK MANAGEMENT SPECIALIST 0 37.72 3,017.73 1 39.61 3,168.61 2 41.59 3,327.05 3 43.67 3,493.40 4 45.85 3,668.07 0231 UCHR SEASONAL ASSISTANT 0 15.00 -- 1 15.75 -- 2 16.54 -- 3 17.36 -- 4 18.23 -- 0171 ACE SECRETARY 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 2022/12/06 City Council Post Agenda Page 810 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 56 of 71 3630 MMCF SENIOR ACCOUNTANT 0 39.86 3,188.83 1 41.85 3,348.27 2 43.95 3,515.68 3 46.14 3,691.47 4 48.45 3,876.04 3632 UCHR SENIOR ACCOUNTANT 0 39.86 -- 1 41.85 -- 2 43.95 -- 3 46.14 -- 4 48.45 -- 3651 ACE SENIOR ACCOUNTING ASSISTANT 0 25.79 2,063.34 1 27.08 2,166.50 2 28.44 2,274.84 3 29.86 2,388.60 4 31.35 2,508.02 0185 ACE SENIOR ADMIN SECRETARY 0 30.49 2,438.99 1 32.01 2,560.93 2 33.61 2,688.99 3 35.29 2,823.41 4 37.06 2,964.59 5345 ACE SENIOR ANIMAL CARE SPECIALIST 0 23.13 1,850.12 1 24.28 1,942.63 2 25.50 2,039.76 3 26.77 2,141.75 4 28.11 2,248.83 3089 PROF SENIOR APPLICATION SUPP SPEC 0 44.15 3,532.19 1 46.36 3,708.80 2 48.68 3,894.24 3 51.11 4,088.96 4 53.67 4,293.40 2403 SM SENIOR ASSISTANT CITY ATTORNEY 0 82.87 6,629.20 1 -- -- 2 -- -- 3 -- -- 4 100.72 8,057.84 2022/12/06 City Council Post Agenda Page 811 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 57 of 71 4781 ACE SENIOR BUILDING INSPECTOR 0 40.49 3,238.81 1 42.51 3,400.76 2 44.64 3,570.80 3 46.87 3,749.34 4 49.21 3,936.79 4507 ACE SENIOR BUSINESS LICENSE REP 0 25.79 2,063.34 1 27.08 2,166.50 2 28.44 2,274.84 3 29.86 2,388.60 4 31.35 2,508.02 6019 WCE SENIOR CIVIL ENGINEER 0 52.06 4,164.62 1 54.66 4,372.85 2 57.39 4,591.49 3 60.26 4,821.07 4 63.28 5,062.12 4763 ACE SENIOR CODE ENFORCEMNT OFFICER 0 38.68 3,094.59 1 40.62 3,249.31 2 42.65 3,411.79 3 44.78 3,582.36 4 47.02 3,761.49 6204 ACE SENIOR CONSERVATION SPECIALIST 0 31.97 2,557.53 1 33.57 2,685.41 2 35.25 2,819.67 3 37.01 2,960.65 4 38.86 3,108.69 2025 UCHR SENIOR COUNCIL ASSISTANT 0 28.66 -- 1 30.10 -- 2 31.60 -- 3 33.18 -- 4 34.84 -- 2027 CONF SENIOR COUNCIL ASSISTANT 0 23.80 1,903.84 1 24.99 1,999.03 2 26.24 2,098.98 3 27.55 2,203.92 4 28.93 2,314.13 2022/12/06 City Council Post Agenda Page 812 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 58 of 71 2725 PROF SENIOR ECON DEVELOPMENT SPEC 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 6442 ACE SENIOR ELECTRICIAN 0 34.38 2,750.10 1 36.10 2,887.61 2 37.90 3,031.99 3 39.79 3,183.58 4 41.78 3,342.76 6471 ACE SENIOR ELECTRONICS TECHNICIAN 0 37.81 3,025.12 1 39.70 3,176.37 2 41.69 3,335.19 3 43.77 3,501.95 4 45.96 3,677.04 6059 ACE SENIOR ENGINEERING TECHNICIAN 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 6512 ACE SENIOR EQUIPMENT MECHANIC 0 33.07 2,645.68 1 34.72 2,777.96 2 36.46 2,916.85 3 38.28 3,062.69 4 40.20 3,215.83 5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG 0 41.45 3,315.78 1 43.52 3,481.56 2 45.70 3,655.64 3 47.98 3,838.43 4 50.38 4,030.34 0175 ACE SENIOR FISCAL OFFICE SPECIALST 0 22.79 1,823.29 1 23.93 1,914.46 2 25.13 2,010.19 3 26.38 2,110.69 4 27.70 2,216.23 2022/12/06 City Council Post Agenda Page 813 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 59 of 71 0176 UCHR SENIOR FISCAL OFFICE SPECIALST 0 22.79 -- 1 23.93 -- 2 25.13 -- 3 26.38 -- 4 27.70 -- 3073 ACE SENIOR GIS ANALYST 0 36.76 2,941.15 1 38.60 3,088.21 2 40.53 3,242.62 3 42.56 3,404.75 4 44.69 3,574.99 2764 PROF SENIOR GRAPHIC DESIGNER 0 37.16 2,972.99 1 39.02 3,121.64 2 40.97 3,277.73 3 43.02 3,441.61 4 45.17 3,613.68 3308 PRCF SENIOR HR ANALYST 0 41.55 3,323.76 1 43.62 3,489.95 2 45.81 3,664.45 3 48.10 3,847.67 4 50.50 4,040.06 3313 UCHR SENIOR HR ANALYST 0 41.55 -- 1 43.62 -- 2 45.81 -- 3 48.10 -- 4 50.50 -- 3316 CONF SENIOR HR TECHNICIAN 0 30.69 2,455.28 1 32.23 2,578.05 2 33.84 2,706.96 3 35.53 2,842.30 4 37.31 2,984.42 6441 ACE SENIOR HVAC TECHNICIAN 0 34.38 2,750.10 1 36.10 2,887.61 2 37.90 3,031.99 3 39.79 3,183.58 4 41.78 3,342.76 2022/12/06 City Council Post Agenda Page 814 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 60 of 71 3012 PROF SENIOR INFO TECH SUPPORT SPEC 0 39.01 3,120.41 1 40.96 3,276.43 2 43.00 3,440.25 3 45.15 3,612.26 4 47.41 3,792.87 3031 PROF SENIOR ITS/POL SPEC II (T) 0 42.98 3,438.58 1 45.13 3,610.51 2 47.39 3,791.04 3 49.76 3,980.59 4 52.25 4,179.62 6285 WCE SENIOR LAND SURVEYOR 0 52.06 4,164.62 1 54.66 4,372.85 2 57.39 4,591.49 3 60.26 4,821.07 4 63.28 5,062.12 6295 ACE SENIOR LANDSCAPE INSPECTOR 0 40.49 3,238.83 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.81 5110 ACE SENIOR LATENT PRINT EXAMINER 0 43.45 3,476.36 1 45.63 3,650.19 2 47.91 3,832.69 3 50.30 4,024.34 4 52.82 4,225.54 2463 CONF SENIOR LEGAL ASSISTANT 0 30.79 2,463.14 1 32.33 2,586.28 2 33.95 2,715.60 3 35.64 2,851.38 4 37.42 2,993.96 7053 MM SENIOR LIBRARIAN 0 35.67 2,853.30 1 37.45 2,995.97 2 39.32 3,145.77 3 41.29 3,303.06 4 43.35 3,468.21 2022/12/06 City Council Post Agenda Page 815 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 61 of 71 7589 UCHR SENIOR LIFEGUARD 0 19.37 -- 1 20.34 -- 2 21.36 -- 3 22.43 -- 4 23.55 -- 6371 ACE SENIOR MAINTENANCE WORKER 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 0206 PROF SENIOR MANAGEMENT ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 0226 PRCF SENIOR MANAGEMENT ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 3051 PROF SENIOR NETWORK ENGINEER 0 52.43 4,194.61 1 55.05 4,404.35 2 57.81 4,624.57 3 60.70 4,855.79 4 63.73 5,098.58 0173 ACE SENIOR OFFICE SPECIALIST 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 0174 UCHR SENIOR OFFICE SPECIALIST 0 21.71 -- 1 22.79 -- 2 23.93 -- 3 25.13 -- 4 26.38 -- 2022/12/06 City Council Post Agenda Page 816 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 62 of 71 6309 ACE SENIOR OPEN SPACE INSPECTOR 0 40.49 3,238.83 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.81 7439 ACE SENIOR PARK RANGER 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 5157 ACE SENIOR PARKING ENFORCEMENT OFF 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 6615 ACE SENIOR PARKS MAINT WORKER 0 27.75 2,219.60 1 29.13 2,330.59 2 30.59 2,447.11 3 32.12 2,569.47 4 33.72 2,697.94 4746 WCE SENIOR PLAN CHECK ENGINEER 0 48.25 3,860.03 1 50.66 4,053.03 2 53.20 4,255.68 3 55.86 4,468.47 4 58.65 4,691.89 4751 ACE SENIOR PLAN CHECK TECHNICIAN 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 4432 PROF SENIOR PLANNER 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 2022/12/06 City Council Post Agenda Page 817 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 63 of 71 4434 UCHR SENIOR PLANNER 0 45.02 -- 1 47.27 -- 2 49.63 -- 3 52.11 -- 4 54.72 -- 4529 ACE SENIOR PLANNING TECHNICIAN 0 28.93 2,314.05 1 30.37 2,429.76 2 31.89 2,551.25 3 33.49 2,678.81 4 35.16 2,812.76 0135 ACE SENIOR POLICE RECORDS SPEC 0 23.13 1,850.39 1 24.29 1,942.92 2 25.50 2,040.06 3 26.78 2,142.06 4 28.11 2,249.16 0136 UCHR SENIOR POLICE RECORDS SPEC 0 23.13 -- 1 24.29 -- 2 25.50 -- 3 26.78 -- 4 28.11 -- 3728 PROF SENIOR PROCUREMENT SPECIALIST 0 35.65 2,852.12 1 37.43 2,994.73 2 39.31 3,144.46 3 41.27 3,301.69 4 43.33 3,466.77 3091 PROF SENIOR PROGRAMMER ANALYST 0 45.44 3,635.01 1 47.71 3,816.77 2 50.10 4,007.61 3 52.60 4,207.99 4 55.23 4,418.38 4214 PROF SENIOR PROJECT COORDINATOR 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 2022/12/06 City Council Post Agenda Page 818 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 64 of 71 5125 ACE SENIOR PROPRTY & EVIDENCE SPEC 0 25.59 2,046.80 1 26.86 2,149.15 2 28.21 2,256.61 3 29.62 2,369.43 4 31.10 2,487.90 5248 UCHR SENIOR PUBLIC SAFETY ANALYST 0 42.52 -- 1 44.64 -- 2 46.88 -- 3 49.22 -- 4 51.68 -- 5260 PROF SENIOR PUBLIC SAFETY ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 6101 ACE SENIOR PUBLIC WORKS INSPECTOR 0 40.49 3,238.82 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.80 6702 ACE SENIOR PUBLIC WORKS SPECIALIST 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 2215 ACE SENIOR RECORDS SPECIALIST 0 24.96 1,996.95 1 26.21 2,096.79 2 27.52 2,201.63 3 28.90 2,311.72 4 30.34 2,427.30 2746 ACE SENIOR RECYCLING SPECIALIST 0 31.97 2,557.53 1 33.57 2,685.41 2 35.25 2,819.67 3 37.01 2,960.65 4 38.86 3,108.69 2022/12/06 City Council Post Agenda Page 819 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 65 of 71 3365 PRCF SENIOR RISK MANAGEMENT SPEC 0 43.38 3,470.39 1 45.55 3,643.91 2 47.83 3,826.10 3 50.22 4,017.41 4 52.73 4,218.28 0177 ACE SENIOR SECRETARY 0 23.88 1,910.12 1 25.07 2,005.64 2 26.32 2,105.91 3 27.64 2,211.22 4 29.02 2,321.78 6573 ACE SENIOR TREE TRIMMER 0 30.52 2,441.56 1 32.05 2,563.65 2 33.65 2,691.82 3 35.33 2,826.42 4 37.10 2,967.74 2779 PROF SENIOR WEBMASTER 0 37.30 2,983.89 1 39.16 3,133.07 2 41.12 3,289.74 3 43.18 3,454.23 4 45.34 3,626.94 6169 ACE SIGNAL SYSTEMS ENGINEER I 0 36.79 2,943.50 1 38.63 3,090.66 2 40.57 3,245.20 3 42.59 3,407.47 4 44.72 3,577.83 6170 ACE SIGNAL SYSTEMS ENGINEER II 0 40.47 3,237.84 1 42.50 3,399.74 2 44.62 3,569.71 3 46.85 3,748.20 4 49.20 3,935.61 6355 ACE SIGNING AND STRIPING SUPV 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 2022/12/06 City Council Post Agenda Page 820 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 66 of 71 2751 SM SPECIAL PROJECTS MGR 0 49.72 3,977.42 1 50.98 4,078.27 2 53.53 4,282.18 3 56.20 4,496.29 4 60.43 4,834.56 3734 ACE STOREKEEPER 0 23.09 1,847.14 1 24.24 1,939.50 2 25.46 2,036.47 3 26.73 2,138.30 4 28.07 2,245.21 3732 ACE STOREKEEPER SUPERVISOR 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 6127 ACE STORMWATER COMPLNCE INSP I 0 29.87 2,389.36 1 31.36 2,508.83 2 32.93 2,634.27 3 34.57 2,765.99 4 36.30 2,904.29 6125 ACE STORMWATER COMPLNCE INSP II 0 32.85 2,628.30 1 34.50 2,759.71 2 36.22 2,897.70 3 38.03 3,042.59 4 39.93 3,194.71 6137 ACE STORMWATER ENV SPECIALIST I 0 33.46 2,676.71 1 35.13 2,810.56 2 36.89 2,951.08 3 38.73 3,098.64 4 40.67 3,253.58 6135 ACE STORMWATER ENV SPECIALIST II 0 36.81 2,944.40 1 38.65 3,091.62 2 40.58 3,246.20 3 42.61 3,408.49 4 44.74 3,578.94 2022/12/06 City Council Post Agenda Page 821 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 67 of 71 6131 MM STORMWATER PROGRAM MANAGER 0 49.68 3,974.36 1 52.16 4,173.08 2 54.77 4,381.73 3 57.51 4,600.82 4 60.39 4,830.86 5241 MM SUPRVSNG PUBLIC SAFETY ANALYST 0 48.90 3,911.68 1 51.34 4,107.27 2 53.91 4,312.63 3 56.60 4,528.26 4 59.43 4,754.67 6151 ACE SURVEY TECHNICIAN I 0 27.83 2,226.37 1 29.22 2,337.69 2 30.68 2,454.57 3 32.22 2,577.31 4 33.83 2,706.18 6141 ACE SURVEY TECHNICIAN II 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 3015 PROF SYSTEMS/DATABASE ADMINISTRATOR 0 41.51 3,320.42 1 43.58 3,486.45 2 45.76 3,660.76 3 48.05 3,843.81 4 50.45 4,035.99 3027 ACE TELECOMMUNICATIONS SPECIALIST 0 25.76 2,060.45 1 27.04 2,163.47 2 28.40 2,271.64 3 29.82 2,385.22 4 31.31 2,504.49 7503 UCHR TINY TOT AIDE 0 15.25 -- 1 16.01 -- 2 16.81 -- 3 17.65 -- 4 18.53 -- 2022/12/06 City Council Post Agenda Page 822 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 68 of 71 7505 UCHR TINY TOT SPECIALIST 0 18.30 -- 1 19.21 -- 2 20.17 -- 3 21.18 -- 4 22.24 -- 5155 UCHR TRAFFIC CONTROL ASSISTANT 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 5293 UCHR TRAFFIC OFFICER 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 6187 ACE TRAFFIC SIGNAL & LIGHT TECH I 0 29.32 2,345.97 1 30.79 2,463.27 2 32.33 2,586.43 3 33.95 2,715.75 4 35.64 2,851.54 6185 ACE TRAFFIC SIGNAL & LIGHT TECH II 0 32.26 2,580.57 1 33.87 2,709.59 2 35.56 2,845.08 3 37.34 2,987.31 4 39.21 3,136.69 6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV 0 37.10 2,967.65 1 38.95 3,116.04 2 40.90 3,271.83 3 42.94 3,435.43 4 45.09 3,607.18 5262 ACE TRAINING PROGRAM SPECIALIST 0 26.87 2,149.75 1 28.22 2,257.24 2 29.63 2,370.10 3 31.11 2,488.61 4 32.66 2,613.04 2022/12/06 City Council Post Agenda Page 823 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 69 of 71 6031 WCE TRANSPORTATION ENGR W CERT 0 52.06 4,164.62 1 54.66 4,372.85 2 57.39 4,591.49 3 60.26 4,821.07 4 63.28 5,062.12 6033 WCE TRANSPORTATION ENGR W/O CERT 0 49.58 3,966.31 1 52.06 4,164.63 2 54.66 4,372.86 3 57.39 4,591.50 4 60.26 4,821.08 6575 ACE TREE TRIMMER 0 25.43 2,034.63 1 26.70 2,136.37 2 28.04 2,243.18 3 29.44 2,355.34 4 30.91 2,473.11 6572 ACE TREE TRIMMER SUPERVISOR 0 35.10 2,807.79 1 36.85 2,948.19 2 38.70 3,095.60 3 40.63 3,250.38 4 42.66 3,412.90 5308 UCHR VETERINARIAN 0 46.77 -- 1 49.11 -- 2 51.57 -- 3 54.15 -- 4 56.85 -- 5322 UCHR VETERINARIAN (PERMITTED) 0 66.13 -- 1 69.44 -- 2 72.91 -- 3 76.56 -- 4 80.39 -- 5331 PROF VETERINARIAN (PERMITTED) 0 59.32 4,745.35 1 62.28 4,982.61 2 65.40 5,231.75 3 68.67 5,493.34 4 72.10 5,768.00 2022/12/06 City Council Post Agenda Page 824 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 70 of 71 5335 PROF VETERINARIAN I 0 42.13 3,370.27 1 44.23 3,538.79 2 46.45 3,715.73 3 48.77 3,901.51 4 51.21 4,096.59 5333 PROF VETERINARIAN II 0 48.45 3,875.81 1 50.87 4,069.59 2 53.41 4,273.08 3 56.08 4,486.73 4 58.89 4,711.07 5334 UCHR VETERINARIAN II 0 47.04 -- 1 49.39 -- 2 51.86 -- 3 54.45 -- 4 57.17 -- 5323 UCHR VETERINARY ASSISTANT 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.44 -- 5325 ACE VETERINARY ASSISTANT 0 20.11 1,608.82 1 21.12 1,689.25 2 22.17 1,773.71 3 23.28 1,862.41 4 24.44 1,955.52 3029 ACE VOIP/VIDEOCONF SPECIALIST 0 34.51 2,760.67 1 36.23 2,898.71 2 38.05 3,043.64 3 39.95 3,195.82 4 41.95 3,355.62 7131 ACE VOLUNTEER COORDINATOR 0 21.98 1,758.68 1 23.08 1,846.62 2 24.24 1,938.96 3 25.45 2,035.90 4 26.72 2,137.69 2022/12/06 City Council Post Agenda Page 825 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 16, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 71 of 71 2777 ACE WEBMASTER 0 33.09 2,647.10 1 34.74 2,779.45 2 36.48 2,918.43 3 38.30 3,064.34 4 40.22 3,217.56 Revised July 12, 2022 (Effective July 1, 2022) August 9, 2022 (Effective August 12, 2022 | FA IVDC-LECC Executive Director salary effective January 1, 2022; Mayor, City Attorney and Councilperson salaries effective July 1, 2022) October 18, 2022 (Effective October 21, 2022) November 9, 2022 (Effective November 18, 2022) December 6, 2022 (Effective December 16, 2022) 2022/12/06 City Council Post Agenda Page 826 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 1 of 71 3633 CONF ACCOUNTANT 0 30.30 2,423.63 1 31.81 2,544.82 2 33.40 2,672.05 3 35.07 2,805.66 4 36.82 2,945.94 3641 ACE ACCOUNTING ASSISTANT 0 22.43 1,794.22 1 23.55 1,883.93 2 24.73 1,978.15 3 25.96 2,077.03 4 27.26 2,180.88 3643 CONF ACCOUNTING TECHNICIAN 0 26.04 2,083.57 1 27.35 2,187.75 2 28.71 2,297.13 3 30.15 2,411.99 4 31.66 2,532.59 3675 ACE ACCOUNTING TECHNICIAN 0 26.04 2,083.57 1 27.35 2,187.75 2 28.71 2,297.13 3 30.15 2,411.99 4 31.66 2,532.59 3647 CONF ACCOUNTING TECHNICIAN II (T) 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 3677 ACE ACCOUNTING TECHNICIAN II (T) 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 3645 ACE ACCOUNTS PAYABLE SUPERVISOR 0 32.63 2,610.13 1 34.26 2,740.65 2 35.97 2,877.68 3 37.77 3,021.56 4 39.66 3,172.62 2022/12/06 City Council Post Agenda Page 827 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 2 of 71 0149 CONF ADMINISTRATIVE SECRETARY 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0179 ACE ADMINISTRATIVE SECRETARY 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0180 UCHR ADMINISTRATIVE SECRETARY 0 27.72 -- 1 29.10 -- 2 30.56 -- 3 32.08 -- 4 33.69 -- 0154 CONF ADMINISTRATIVE SECRETARY-MAYOR 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0215 SM ADMINISTRATIVE SERVICES MGR 0 49.72 3,977.41 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 0181 ACE ADMINISTRATIVE TECHNICIAN 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 5316 UCHR ANIMAL CARE AIDE 0 16.12 -- 1 16.93 -- 2 17.78 -- 3 18.67 -- 4 19.60 -- 2022/12/06 City Council Post Agenda Page 828 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 3 of 71 5317 ACE ANIMAL CARE FACILITY SUPV 0 32.11 2,569.11 1 33.72 2,697.57 2 35.41 2,832.44 3 37.18 2,974.07 4 39.03 3,122.77 5343 ACE ANIMAL CARE SPECIALIST 0 20.11 1,608.82 1 21.12 1,689.25 2 22.17 1,773.71 3 23.28 1,862.41 4 24.44 1,955.52 5344 UCHR ANIMAL CARE SPECIALIST 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.44 -- 5319 ACE ANIMAL CARE SUPERVISOR 0 27.93 2,234.01 1 29.32 2,345.71 2 30.79 2,463.00 3 32.33 2,586.16 4 33.94 2,715.45 5303 ACE ANIMAL CONTROL OFFICER 0 24.13 1,930.56 1 25.34 2,027.09 2 26.61 2,128.45 3 27.94 2,234.88 4 29.33 2,346.63 5305 UCHR ANIMAL CONTROL OFFICER 0 24.13 -- 1 25.34 -- 2 26.61 -- 3 27.94 -- 4 29.33 -- 5304 ACE ANIMAL CONTROL OFFICER SUPVR 0 27.75 2,220.16 1 29.14 2,331.16 2 30.60 2,447.71 3 32.13 2,570.10 4 33.73 2,698.62 2022/12/06 City Council Post Agenda Page 829 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 4 of 71 5309 ACE ANIMAL SERVICES SPECIALIST 0 21.94 1,755.07 1 23.04 1,842.82 2 24.19 1,934.96 3 25.40 2,031.72 4 26.67 2,133.29 3083 MM APPLICATIONS SUPPORT MANAGER 0 52.25 4,180.27 1 54.87 4,389.28 2 57.61 4,608.74 3 60.49 4,839.18 4 63.51 5,081.14 3088 PROF APPLICATIONS SUPPORT SPEC 0 39.78 3,182.07 1 41.76 3,341.18 2 43.85 3,508.23 3 46.05 3,683.64 4 48.35 3,867.83 7741 ACE AQUARIST 0 24.98 1,998.44 1 26.23 2,098.32 2 27.54 2,203.24 3 28.92 2,313.42 4 30.36 2,429.09 7579 ACE AQUATIC SUPERVISOR I 0 25.88 2,070.77 1 27.18 2,174.30 2 28.54 2,283.03 3 29.96 2,397.17 4 31.46 2,517.03 7577 ACE AQUATIC SUPERVISOR II 0 28.47 2,277.84 1 29.90 2,391.74 2 31.39 2,511.32 3 32.96 2,636.89 4 34.61 2,768.74 7575 ACE AQUATIC SUPERVISOR III 0 32.74 2,619.52 1 34.38 2,750.50 2 36.10 2,888.03 3 37.91 3,032.42 4 39.80 3,184.04 2022/12/06 City Council Post Agenda Page 830 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 5 of 71 5011 SM ASSISTANT CHIEF OF POLICE 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 2405 SM ASSISTANT CITY ATTORNEY 0 76.73 6,138.15 1 80.56 6,445.08 2 84.59 6,767.33 3 88.82 7,105.69 4 93.26 7,460.97 2210 SM ASSISTANT CITY CLERK 0 44.53 3,562.67 1 46.76 3,740.82 2 49.10 3,927.85 3 51.55 4,124.22 4 54.13 4,330.55 2707 EXEC ASSISTANT CITY MANAGER 0 99.27 7,941.69 1 -- -- 2 -- -- 3 -- -- 4 119.91 9,593.16 4040 SM ASSISTANT DIR OF DEVLPMNT SVCS 0 76.85 6,147.78 1 -- -- 2 85.13 6,810.23 3 89.38 7,150.74 4 93.41 7,472.68 3604 SM ASSISTANT DIR OF FINANCE 0 75.63 6,050.05 1 -- -- 2 87.50 7,000.00 3 90.00 7,200.00 4 91.30 7,304.19 6322 SM ASSISTANT DIR OF PUBLIC WORKS 0 70.33 5,626.11 1 -- -- 2 -- -- 3 83.02 6,641.98 4 84.90 6,792.35 2022/12/06 City Council Post Agenda Page 831 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 6 of 71 6015 WCE ASSISTANT ENGINEER 0 39.14 3,131.53 1 41.10 3,288.10 2 43.16 3,452.51 3 45.31 3,625.13 4 47.58 3,806.39 6289 WCE ASSISTANT LAND SURVEYOR 0 39.14 3,131.53 1 41.10 3,288.10 2 43.16 3,452.51 3 45.31 3,625.13 4 47.58 3,806.39 4749 WCE ASSISTANT PLAN CHECK ENGINEER 0 38.14 3,051.40 1 40.05 3,203.97 2 42.05 3,364.17 3 44.15 3,532.38 4 46.36 3,709.00 4439 ACE ASSISTANT PLANNER 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 3635 CONF ASSOCIATE ACCOUNTANT 0 33.32 2,665.99 1 34.99 2,799.30 2 36.74 2,939.26 3 38.58 3,086.22 4 40.51 3,240.54 6017 WCE ASSOCIATE ENGINEER 0 45.02 3,601.26 1 47.27 3,781.32 2 49.63 3,970.39 3 52.11 4,168.90 4 54.72 4,377.35 6287 WCE ASSOCIATE LAND SURVEYOR 0 45.02 3,601.26 1 47.27 3,781.32 2 49.63 3,970.39 3 52.11 4,168.90 4 54.72 4,377.35 2022/12/06 City Council Post Agenda Page 832 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 7 of 71 4747 WCE ASSOCIATE PLAN CHECK ENGINEER 0 43.86 3,509.11 1 46.06 3,684.57 2 48.36 3,868.80 3 50.78 4,062.24 4 53.32 4,265.35 4437 ACE ASSOCIATE PLANNER 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5123 ACE AUTOMATED FINGERPRINT TECH 0 22.25 1,779.83 1 23.36 1,868.82 2 24.53 1,962.27 3 25.75 2,060.38 4 27.04 2,163.40 3404 MMCF BENEFITS MANAGER 0 52.92 4,233.56 1 55.57 4,445.24 2 58.34 4,667.50 3 61.26 4,900.88 4 64.32 5,145.92 3406 UCHR BENEFITS MANAGER 0 52.92 -- 1 55.57 -- 2 58.34 -- 3 61.26 -- 4 64.32 -- 2222 SM BUDGET AND ANALYSIS MANAGER 0 58.24 4,659.03 1 61.15 4,891.98 2 64.64 5,171.52 3 67.88 5,430.11 4 70.79 5,663.08 4769 MM BUILDING INSPECTION MANAGER 0 50.43 4,034.62 1 52.95 4,236.35 2 55.60 4,448.17 3 58.38 4,670.58 4 61.30 4,904.11 2022/12/06 City Council Post Agenda Page 833 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 8 of 71 4771 ACE BUILDING INSPECTOR I 0 32.00 2,560.32 1 33.60 2,688.34 2 35.28 2,822.76 3 37.05 2,963.90 4 38.90 3,112.09 4770 UCHR BUILDING INSPECTOR I (HOURLY) 0 32.00 -- 1 33.60 -- 2 35.28 -- 3 37.05 -- 4 38.90 -- 4773 ACE BUILDING INSPECTOR II 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 4774 UCHR BUILDING INSPECTOR II (HOURLY) 0 35.20 -- 1 36.96 -- 2 38.81 -- 3 40.75 -- 4 42.79 -- 4775 ACE BUILDING INSPECTOR III 0 38.73 3,098.00 1 40.66 3,252.90 2 42.69 3,415.55 3 44.83 3,586.32 4 47.07 3,765.64 4780 SM BUILDING OFFICIAL/CODE ENF MGR 0 69.77 5,581.43 1 -- -- 2 -- -- 3 -- -- 4 84.80 6,784.28 6412 PROF BUILDING PROJECT MANAGER 0 44.40 3,552.03 1 46.62 3,729.62 2 48.95 3,916.10 3 51.40 4,111.91 4 53.97 4,317.50 2022/12/06 City Council Post Agenda Page 834 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 9 of 71 6402 MM BUILDING SERVICES MANAGER 0 53.33 4,266.78 1 56.00 4,480.11 2 58.80 4,704.11 3 61.74 4,939.32 4 64.83 5,186.29 6669 ACE BUILDING SERVICES SUPERVISOR 0 30.94 2,475.45 1 32.49 2,599.22 2 34.11 2,729.18 3 35.82 2,865.64 4 37.61 3,008.93 4505 ACE BUSINESS LICENSE REPRESENTATIV 0 22.43 1,794.22 1 23.55 1,883.93 2 24.73 1,978.15 3 25.96 2,077.03 4 27.26 2,180.88 6444 ACE CARPENTER 0 27.93 2,234.20 1 29.32 2,345.90 2 30.79 2,463.20 3 32.33 2,586.36 4 33.95 2,715.69 3669 ACE CASHIER 0 18.93 1,514.60 1 19.88 1,590.33 2 20.87 1,669.85 3 21.92 1,753.34 4 23.01 1,841.01 3053 SM CHIEF INFO SEC OFFICER 0 57.14 4,571.14 1 -- -- 2 -- -- 3 -- -- 4 69.45 5,556.25 5001 EXEC CHIEF OF POLICE 0 101.30 8,104.31 1 -- -- 2 117.11 9,368.55 3 -- -- 4 123.14 9,850.88 2022/12/06 City Council Post Agenda Page 835 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 10 of 71 2011 MMUC CHIEF OF STAFF 0 37.85 3,028.04 1 39.74 3,179.45 2 41.73 3,338.40 3 43.82 3,505.32 4 46.01 3,680.60 2729 SM CHIEF SUSTAINABILITY OFFICER 0 66.43 5,314.54 1 -- -- 2 -- -- 3 78.43 6,274.14 4 80.20 6,416.20 2400 CATY CITY ATTORNEY (ELECTED) 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 110.16 8,812.50 2435 CONF CITY ATTY INVESTIGATOR 0 32.98 2,638.19 1 34.63 2,770.10 2 36.36 2,908.60 3 38.18 3,054.03 4 40.08 3,206.74 2201 CCLK CITY CLERK 0 79.68 6,374.76 1 -- -- 2 -- -- 3 -- -- 4 96.81 7,744.82 2221 PROF CITY CLERK ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 2224 UCHR CITY CLERK ANALYST (HOURLY) 0 38.80 -- 1 40.74 -- 2 42.77 -- 3 44.91 -- 4 47.16 -- 2022/12/06 City Council Post Agenda Page 836 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 11 of 71 7007 SM CITY LIBRARIAN 0 62.25 4,979.73 1 65.36 5,228.70 2 68.63 5,490.15 3 72.06 5,764.65 4 75.66 6,052.88 2710 CMGR CITY MANAGER 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 144.23 11,538.55 5429 ACE CIVILIAN BCKGRND INVESTIGATOR 0 28.04 2,243.21 1 29.44 2,355.37 2 30.91 2,473.14 3 32.46 2,596.81 4 34.08 2,726.64 5430 UCHR CIVILIAN BCKGRND INVESTIGATOR 0 28.04 -- 1 29.44 -- 2 30.91 -- 3 32.46 -- 4 34.08 -- 5431 UCHR CIVILIAN POLICE INVESTIGATOR 0 25.79 -- 1 27.08 -- 2 28.43 -- 3 29.85 -- 4 31.35 -- 0241 UCHR CLERICAL AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 4777 ACE CODE ENFORCEMENT OFFICER I 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 2022/12/06 City Council Post Agenda Page 837 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 12 of 71 4778 UCHR CODE ENFORCEMENT OFFICER II 0 30.58 -- 1 32.11 -- 2 33.71 -- 3 35.40 -- 4 37.17 -- 4779 ACE CODE ENFORCEMENT OFFICER II 0 30.58 2,446.31 1 32.11 2,568.64 2 33.71 2,697.07 3 35.40 2,831.92 4 37.17 2,973.52 4789 ACE CODE ENFORCEMENT TECHNICIAN 0 24.17 1,933.84 1 25.38 2,030.54 2 26.65 2,132.07 3 27.98 2,238.68 4 29.38 2,350.60 3683 MM COLLECTIONS SUPERVISOR 0 37.89 3,031.00 1 39.78 3,182.56 2 41.77 3,341.67 3 43.86 3,508.77 4 46.05 3,684.21 2799 PRUC COMM/SPECL EVENTS COORD 0 41.01 3,281.09 1 43.06 3,445.15 2 45.22 3,617.41 3 47.48 3,798.28 4 49.85 3,988.20 2757 ACE COMMUNITY ENGAGEMENT SPEC 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 5141 ACE COMMUNITY SERVICES OFFICER 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 2022/12/06 City Council Post Agenda Page 838 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 13 of 71 5142 UCHR COMMUNITY SERVICES OFFICER 0 23.37 -- 1 24.54 -- 2 25.76 -- 3 27.05 -- 4 28.40 -- 6200 ACE CONSERVATION SPECIALIST I 0 25.27 2,021.74 1 26.54 2,122.84 2 27.86 2,229.00 3 29.26 2,340.42 4 30.72 2,457.45 6202 ACE CONSERVATION SPECIALIST II 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 6427 ACE CONSTRUCTION & REPAIR SUPV 0 39.53 3,162.62 1 41.51 3,320.75 2 43.58 3,486.79 3 45.76 3,661.13 4 48.05 3,844.19 2023 UCHR COUNCIL ASSISTANT 0 22.91 -- 1 24.06 -- 2 25.26 -- 3 26.52 -- 4 27.85 -- 2003 CL COUNCILPERSON 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 29.08 2,326.50 5757 UCHR COVID SITE ASST 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 2022/12/06 City Council Post Agenda Page 839 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 14 of 71 5101 MM CRIME LABORATORY MANAGER 0 49.06 3,924.94 1 51.51 4,121.18 2 54.09 4,327.25 3 56.80 4,543.61 4 59.63 4,770.78 6667 ACE CUSTODIAL SUPERVISOR 0 25.66 2,052.65 1 26.94 2,155.29 2 28.29 2,263.06 3 29.70 2,376.21 4 31.19 2,495.03 6661 ACE CUSTODIAN 0 20.28 1,622.64 1 21.30 1,703.77 2 22.36 1,788.96 3 23.48 1,878.42 4 24.65 1,972.33 6662 UCHR CUSTODIAN 0 20.28 -- 1 21.30 -- 2 22.36 -- 3 23.48 -- 4 24.65 -- 7191 ACE DELIVERY DRIVER 0 19.24 1,539.28 1 20.20 1,616.25 2 21.21 1,697.07 3 22.27 1,781.92 4 23.39 1,871.02 2410 PRUC DEPUTY CITY ATTORNEY I 0 45.40 3,632.07 1 47.67 3,813.66 2 50.05 4,004.34 3 52.56 4,204.56 4 55.18 4,414.79 2408 PRUC DEPUTY CITY ATTORNEY II 0 54.48 4,358.46 1 57.20 4,576.38 2 60.07 4,805.21 3 63.07 5,045.47 4 66.22 5,297.73 2022/12/06 City Council Post Agenda Page 840 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 15 of 71 2411 SM DEPUTY CITY ATTORNEY III 0 69.07 5,525.47 1 72.52 5,801.75 2 76.15 6,091.83 3 79.96 6,396.42 4 83.95 6,716.21 2245 PRUC DEPUTY CITY CLERK I 0 28.07 2,245.97 1 29.48 2,358.26 2 30.95 2,476.18 3 32.50 2,600.00 4 34.12 2,729.98 2243 PRUC DEPUTY CITY CLERK II 0 30.88 2,470.57 1 32.43 2,594.10 2 34.05 2,723.80 3 35.75 2,860.00 4 37.54 3,002.99 2705 EXEC DEPUTY CITY MANAGER 0 103.52 8,281.38 1 -- -- 2 -- -- 3 -- -- 4 114.66 9,172.49 5505 SM DEPUTY FIRE CHIEF 0 74.26 5,940.75 1 -- -- 2 -- -- 3 -- -- 4 90.26 7,221.04 5130 MM DETENTION FACILITY MANAGER (T) 0 49.06 3,924.94 1 51.51 4,121.18 2 54.09 4,327.25 3 56.80 4,543.61 4 59.63 4,770.78 5137 ACE DETENTIONS OFFICER 0 28.04 2,243.21 1 29.44 2,355.37 2 30.91 2,473.14 3 32.46 2,596.81 4 34.08 2,726.64 2022/12/06 City Council Post Agenda Page 841 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 16 of 71 5135 ACE DETENTIONS SUPERVISOR 0 32.25 2,579.70 1 33.86 2,708.68 2 35.55 2,844.12 3 37.33 2,986.33 4 39.20 3,135.64 4718 PROF DEVELOPMENT AUTOMATION SPEC 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 4025 SM DEVELOPMENT PROJECT MGR 0 69.22 5,537.42 1 72.68 5,814.29 2 76.31 6,105.01 3 80.13 6,410.26 4 84.13 6,730.77 4547 MM DEVELOPMENT SERVICES COUNTER M 0 47.33 3,786.23 1 49.69 3,975.53 2 52.18 4,174.32 3 54.79 4,383.03 4 57.53 4,602.18 4540 UCHR DEVELOPMENT SERVICES TECH I 0 23.88 -- 1 25.07 -- 2 26.33 -- 3 27.64 -- 4 29.02 -- 4542 ACE DEVELOPMENT SERVICES TECH I 0 23.88 1,910.23 1 25.07 2,005.73 2 26.33 2,106.01 3 27.64 2,211.32 4 29.02 2,321.89 4541 ACE DEVELOPMENT SERVICES TECH II 0 26.27 2,101.24 1 27.58 2,206.30 2 28.96 2,316.62 3 30.41 2,432.46 4 31.93 2,554.07 2022/12/06 City Council Post Agenda Page 842 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 17 of 71 4544 UCHR DEVELOPMENT SERVICES TECH II 0 26.27 -- 1 27.58 -- 2 28.96 -- 3 30.41 -- 4 31.93 -- 4543 ACE DEVELOPMENT SERVICES TECH III 0 30.21 2,416.43 1 31.72 2,537.25 2 33.30 2,664.12 3 34.97 2,797.32 4 36.71 2,937.18 5245 ACE DIGITAL FORENSICS TECH I 0 25.97 2,077.96 1 27.27 2,181.86 2 28.64 2,290.96 3 30.07 2,405.51 4 31.57 2,525.78 5243 ACE DIGITAL FORENSICS TECH II 0 29.87 2,389.67 1 31.36 2,509.15 2 32.93 2,634.60 3 34.58 2,766.33 4 36.31 2,904.64 5350 EXEC DIR OF ANIMAL SERVICES 0 66.43 5,314.56 1 -- -- 2 -- -- 3 -- -- 4 80.75 6,459.88 7004 EXEC DIR OF COMMUNITY SERVICES 0 81.54 6,523.42 1 85.62 6,849.59 2 89.90 7,192.07 3 94.40 7,551.67 4 99.12 7,929.54 4039 EXEC DIR OF DEVELOPMENT SERVICES 0 85.73 6,858.33 1 98.08 7,846.30 2 -- -- 3 -- -- 4 104.22 8,337.45 2022/12/06 City Council Post Agenda Page 843 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 18 of 71 2734 EXEC DIR OF ECONOMIC DEVELOPMENT 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 6006 EXEC DIR OF ENGINEERING/CITY ENG 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 3601 EXEC DIR OF FINANCE 0 85.74 6,859.24 1 -- -- 2 -- -- 3 101.51 8,121.16 4 104.22 8,337.45 4301 EXEC DIR OF HOUSING & HOMELESS SVS 0 66.43 5,314.56 1 -- -- 2 -- -- 3 -- -- 4 80.75 6,459.88 3300 EXEC DIR OF HUMAN RESOURCES/RISK MG 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 3001 EXEC DIR OF INFO TECH SERVICES 0 81.54 6,523.42 1 -- -- 2 89.90 7,192.07 3 -- -- 4 99.12 7,929.54 6320 EXEC DIR OF PUBLIC WORKS 0 85.74 6,859.24 1 -- -- 2 -- -- 3 96.74 7,739.47 4 104.22 8,337.45 2022/12/06 City Council Post Agenda Page 844 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 19 of 71 2747 ACE ECONOMIC DEVELOPMENT SPEC I 0 30.54 2,443.06 1 32.07 2,565.22 2 33.67 2,693.48 3 35.35 2,828.15 4 37.12 2,969.56 2749 ACE ECONOMIC DEVELOPMENT SPEC II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 6438 ACE ELECTRICIAN 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 6492 ACE ELECTRONIC/EQUIPMENT INSTALLER 0 27.18 2,174.00 1 28.53 2,282.69 2 29.96 2,396.83 3 31.46 2,516.67 4 33.03 2,642.50 6475 ACE ELECTRONICS TECHNICIAN 0 32.88 2,630.53 1 34.53 2,762.06 2 36.25 2,900.17 3 38.06 3,045.17 4 39.97 3,197.42 6472 ACE ELECTRONICS TECHNICIAN SUPV 0 37.81 3,025.12 1 39.70 3,176.37 2 41.69 3,335.19 3 43.77 3,501.95 4 45.96 3,677.04 5560 SM EMERGENCY SERVICES MGR 0 49.72 3,977.42 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 2022/12/06 City Council Post Agenda Page 845 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 20 of 71 5557 PROF EMS EDUCATOR 0 43.09 3,447.52 1 45.25 3,619.89 2 47.51 3,800.90 3 49.89 3,990.94 4 52.38 4,190.48 5567 PROF EMS NURSE COORDINATOR 0 51.71 4,137.03 1 54.30 4,343.86 2 57.01 4,561.07 3 59.86 4,789.12 4 62.86 5,028.57 5657 NIAF EMT (NON-SAFETY) 0 15.60 1 16.38 2 17.20 3 18.06 4 18.96 5658 UCHR EMT (NON-SAFETY) 0 15.60 -- 1 16.38 -- 2 17.20 -- 3 18.06 -- 4 18.96 -- 6081 ACE ENGINEERING TECHNICIAN I 0 27.83 2,226.37 1 29.22 2,337.69 2 30.68 2,454.57 3 32.22 2,577.31 4 33.83 2,706.18 6071 ACE ENGINEERING TECHNICIAN II 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 6129 ACE ENVIRONMENTAL HEALTH SPEC 0 36.81 2,944.40 1 38.65 3,091.62 2 40.58 3,246.20 3 42.61 3,408.49 4 44.74 3,578.94 2022/12/06 City Council Post Agenda Page 846 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 21 of 71 6205 MM ENVIRONMENTAL SERVICES MANAGER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 6207 MM ENVIRONMENTAL SUSTNBILITY MGR 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 6505 MM EQUIPMENT MAINTENANCE MANAGER 0 40.49 3,239.46 1 42.52 3,401.43 2 44.64 3,571.51 3 46.88 3,750.09 4 49.22 3,937.59 6542 ACE EQUIPMENT MECHANIC 0 28.76 2,300.58 1 30.20 2,415.62 2 31.70 2,536.39 3 33.29 2,663.21 4 34.95 2,796.37 6544 UCHR EQUIPMENT MECHANIC 0 28.76 -- 1 30.20 -- 2 31.71 -- 3 33.29 -- 4 34.95 -- 6361 ACE EQUIPMENT OPERATOR 0 29.45 2,356.09 1 30.92 2,473.89 2 32.47 2,597.58 3 34.09 2,727.46 4 35.80 2,863.83 0187 CONF EXECUTIVE SECRETARY 0 33.54 2,682.89 1 35.21 2,817.03 2 36.97 2,957.87 3 38.82 3,105.77 4 40.76 3,261.05 2022/12/06 City Council Post Agenda Page 847 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 22 of 71 5270 CONF FA ACCOUNTING TECHNICIAN 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 5297 CONF FA ADMINSTRATIVE ANALYST I 0 31.16 2,492.93 1 32.72 2,617.60 2 34.36 2,748.45 3 36.07 2,885.88 4 37.88 3,030.17 5296 CONF FA ADMINSTRATIVE ANALYST II 0 34.28 2,742.22 1 35.99 2,879.33 2 37.79 3,023.30 3 39.68 3,174.48 4 41.66 3,333.19 5277 CONF FA ANALYST 0 23.81 1,905.01 1 25.00 2,000.26 2 26.25 2,100.28 3 27.57 2,205.29 4 28.94 2,315.56 5455 MMUC FA CYBER SECURITY PROG MGR 0 45.63 3,650.27 1 47.91 3,832.77 2 50.31 4,024.41 3 52.82 4,225.63 4 55.46 4,436.91 5465 SM FA DEPUTY DIRECTOR OF LECC 0 51.27 4,101.82 1 53.84 4,306.91 2 56.53 4,522.26 3 59.35 4,748.36 4 62.32 4,985.80 5463 SM FA DEPUTY EXECUTIVE DIRECTOR 0 56.30 4,504.17 1 -- -- 2 -- -- 3 -- -- 4 68.44 5,474.85 2022/12/06 City Council Post Agenda Page 848 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 23 of 71 5274 SM FA DIRECTOR OF SD LECC 0 66.23 5,298.14 1 -- -- 2 -- -- 3 -- -- 4 80.50 6,439.92 5286 CONF FA EXECUTIVE ASSISTANT 0 30.51 2,440.67 1 32.03 2,562.71 2 33.64 2,690.85 3 35.32 2,825.38 4 37.08 2,966.66 5461 EXEC FA EXECUTIVE DIRECTOR 0 60.19 4,815.34 1 -- -- 2 -- -- 3 -- -- 4 73.16 5,853.08 5493 MMUC FA FINANCE MANAGER 0 50.13 4,010.55 1 52.64 4,211.07 2 55.27 4,421.62 3 58.03 4,642.70 4 60.94 4,874.84 5439 PRUC FA GEOSPATIAL INTEL ANALYST 0 43.51 3,480.83 1 45.69 3,654.88 2 47.97 3,837.63 3 50.37 4,029.51 4 52.89 4,230.98 5289 CONF FA GRAPHIC DESIGNER/WEBMASTER 0 35.46 2,836.61 1 37.23 2,978.45 2 39.09 3,127.38 3 41.05 3,283.74 4 43.10 3,447.94 5453 MMUC FA INFO SYSTEMS PROGRAM MGR 0 50.76 4,060.42 1 53.29 4,263.44 2 55.96 4,476.59 3 58.76 4,700.43 4 61.69 4,935.46 2022/12/06 City Council Post Agenda Page 849 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 24 of 71 5485 CONF FA INTEL ANLYT 0 32.23 2,578.74 1 33.85 2,707.68 2 35.54 2,843.07 3 37.32 2,985.21 4 39.18 3,134.49 5491 SM FA IVDC-LECC EXEC DIRECTOR 0 57.48 4,598.46 1 60.35 4,828.39 2 63.37 5,069.80 3 66.54 5,323.30 4 69.87 5,589.46 5440 MMUC FA LECC INFO TECH MANAGER 0 46.41 3,712.89 1 48.73 3,898.53 2 51.17 4,093.47 3 53.73 4,298.13 4 56.41 4,513.04 5278 CONF FA MANAGEMENT ASSISTANT 0 29.06 2,324.46 1 30.51 2,440.67 2 32.03 2,562.72 3 33.64 2,690.86 4 35.32 2,825.39 5443 PRUC FA MICROCOMPUTER SPECIALIST 0 37.74 3,018.82 1 39.62 3,169.75 2 41.60 3,328.24 3 43.68 3,494.66 4 45.87 3,669.38 5292 PRUC FA NETWORK ADMINISTRATOR I 0 37.98 3,038.08 1 39.87 3,189.99 2 41.87 3,349.49 3 43.96 3,516.96 4 46.16 3,692.82 5294 PRUC FA NETWORK ADMINISTRATOR II 0 41.77 3,341.90 1 43.86 3,509.00 2 46.06 3,684.45 3 48.36 3,868.68 4 50.78 4,062.11 2022/12/06 City Council Post Agenda Page 850 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 25 of 71 5457 PRUC FA NETWORK ADMINISTRATOR III 0 44.00 3,519.89 1 46.20 3,695.89 2 48.51 3,880.67 3 50.93 4,074.71 4 53.48 4,278.45 5444 PRUC FA PROGRAM ANALYST 0 45.02 3,601.53 1 47.27 3,781.61 2 49.63 3,970.70 3 52.12 4,169.23 4 54.72 4,377.70 5451 CONF FA PROGRAM ASSISTANT 0 23.21 1,856.81 1 24.37 1,949.64 2 25.59 2,047.14 3 26.87 2,149.50 4 28.21 2,256.96 5452 PRUC FA PROGRAM ASSISTANT SUPV 0 32.74 2,619.42 1 34.38 2,750.39 2 36.10 2,887.91 3 37.90 3,032.31 4 39.80 3,183.91 5445 SM FA PROGRAM MANAGER 0 51.27 4,101.82 1 53.91 4,312.51 2 56.53 4,522.26 3 59.35 4,748.36 4 62.32 4,985.80 5497 MMUC FA PUBLIC-PRVT PART EXER MGR 0 47.20 3,776.15 1 49.56 3,964.95 2 52.04 4,163.19 3 54.64 4,371.36 4 57.37 4,589.93 5284 CONF FA RCFL NETWORK ENGINEER 0 37.41 2,992.56 1 39.28 3,142.18 2 41.24 3,299.30 3 43.30 3,464.26 4 45.47 3,637.47 2022/12/06 City Council Post Agenda Page 851 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 26 of 71 5495 PRUC FA SENIOR FINANCIAL ANALYST 0 35.28 2,822.32 1 37.04 2,963.43 2 38.90 3,111.62 3 40.84 3,267.19 4 42.88 3,430.55 5483 PRUC FA SENIOR INTELLIGENCE ANALYST 0 37.15 2,972.19 1 39.01 3,120.81 2 40.96 3,276.85 3 43.01 3,440.69 4 45.16 3,612.72 5454 CONF FA SENIOR PROGRAM ASSISTANT 0 27.61 2,209.13 1 28.99 2,319.58 2 30.44 2,435.57 3 31.97 2,557.35 4 33.57 2,685.22 5477 CONF FA SENIOR SECRETARY 0 23.88 1,910.12 1 25.07 2,005.63 2 26.32 2,105.90 3 27.64 2,211.21 4 29.02 2,321.76 5489 PRUC FA SUP INTEL ANALYST I 0 40.87 3,269.42 1 42.91 3,432.89 2 45.06 3,604.53 3 47.31 3,784.76 4 49.68 3,974.00 5487 PRUC FA SUP INTEL ANALYST II 0 47.00 3,759.83 1 49.35 3,947.82 2 51.82 4,145.22 3 54.41 4,352.48 4 57.13 4,570.10 4051 SM FAC FINANCE MANAGER 0 49.72 3,977.41 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 2022/12/06 City Council Post Agenda Page 852 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 27 of 71 6425 MM FACILITIES MANAGER 0 46.12 3,689.71 1 48.43 3,874.19 2 50.85 4,067.90 3 53.39 4,271.30 4 56.06 4,484.87 7471 ACE FIELD MAINTENANCE SPECIALIST 0 22.46 1,796.83 1 23.58 1,886.67 2 24.76 1,981.00 3 26.00 2,080.06 4 27.30 2,184.06 3623 SM FINANCE MGR 0 56.57 4,525.50 1 -- -- 2 -- -- 3 -- -- 4 68.76 5,500.78 3624 SM FINANCE MGR (CPA) 0 62.23 4,978.05 1 -- -- 2 69.33 5,546.16 3 -- -- 4 75.64 6,050.86 3622 UCHR FINANCE MGR CPA (HOURLY) 0 62.23 -- 1 -- -- 2 69.33 -- 3 -- -- 4 75.64 -- 6521 ACE FIRE APPARATUS MECHANIC (T) 0 34.39 2,751.50 1 36.11 2,889.07 2 37.92 3,033.53 3 39.82 3,185.21 4 41.81 3,344.47 5511 IAFF FIRE BATTALION CHIEF - A 0 40.03 4,483.11 1 42.03 4,707.28 2 44.13 4,942.65 3 46.34 5,189.78 4 48.65 5,449.26 2022/12/06 City Council Post Agenda Page 853 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 28 of 71 5513 IAFF FIRE BATTALION CHIEF - C 0 56.04 4,483.12 1 58.84 4,707.28 2 61.78 4,942.64 3 64.87 5,189.77 4 68.12 5,449.26 5583 IAFF FIRE CAPTAIN - A 0 32.32 3,619.73 1 33.93 3,800.71 2 35.63 3,990.75 3 37.41 4,190.29 4 39.28 4,399.79 5582 IAFF FIRE CAPTAIN - B 0 43.09 3,619.73 1 45.25 3,800.70 2 47.51 3,990.74 3 49.88 4,190.28 4 52.38 4,399.79 5581 IAFF FIRE CAPTAIN - C 0 45.25 3,619.73 1 47.51 3,800.70 2 49.88 3,990.74 3 52.38 4,190.28 4 55.00 4,399.79 5501 EXEC FIRE CHIEF 0 92.50 7,399.82 1 -- -- 2 109.64 8,771.27 3 -- -- 4 112.43 8,994.11 5507 MMUC FIRE DIVISION CHIEF 0 66.76 5,340.63 1 70.10 5,607.65 2 73.60 5,888.04 3 77.28 6,182.43 4 81.14 6,491.56 5603 IAFF FIRE ENGINEER - A 0 28.07 3,144.14 1 29.48 3,301.35 2 30.95 3,466.42 3 32.50 3,639.74 4 34.12 3,821.72 2022/12/06 City Council Post Agenda Page 854 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 29 of 71 5601 IAFF FIRE ENGINEER - C 0 39.30 3,144.15 1 41.27 3,301.35 2 43.33 3,466.42 3 45.50 3,639.74 4 47.77 3,821.73 5536 UCHR FIRE INSPECTOR 0 32.44 -- 1 34.06 -- 2 35.76 -- 3 37.55 -- 4 39.43 -- 5530 IAFF FIRE INSPECTOR/INVESTIGATOR I 0 32.44 2,594.95 1 34.06 2,724.70 2 35.76 2,860.94 3 37.55 3,003.99 4 39.43 3,154.19 5534 UCHR FIRE INSPECTOR/INVESTIGATOR I 0 32.44 -- 1 34.06 -- 2 35.76 -- 3 37.55 -- 4 39.43 -- 5531 IAFF FIRE INSPECTOR/INVESTIGATOR II 0 35.68 2,854.44 1 37.46 2,997.16 2 39.34 3,147.02 3 41.30 3,304.37 4 43.37 3,469.59 5532 UCHR FIRE INSPECTOR/INVESTIGATOR II 0 35.68 -- 1 37.46 -- 2 39.34 -- 3 41.30 -- 4 43.37 -- 5555 ACE FIRE INVENTORY SPECIALIST 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 2022/12/06 City Council Post Agenda Page 855 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 30 of 71 5533 UCHR FIRE PREVENTION AIDE 0 15.57 -- 1 16.34 -- 2 17.16 -- 3 18.02 -- 4 18.92 -- 5528 IAFF FIRE PREVENTION ENG/INVSTGTR 0 43.04 3,442.80 1 45.19 3,614.94 2 47.45 3,795.68 3 49.82 3,985.47 4 52.31 4,184.74 5537 ACE FIRE PREVENTION SPECIALIST 0 26.27 2,101.24 1 27.58 2,206.30 2 28.96 2,316.62 3 30.41 2,432.46 4 32.00 2,560.19 5625 ACE FIRE RECRUIT 0 24.99 1,998.81 1 26.23 2,098.75 2 27.55 2,203.69 3 28.92 2,313.87 4 30.37 2,429.57 5623 IAFF FIREFIGHTER - A 0 23.28 2,607.73 1 24.45 2,738.12 2 25.67 2,875.02 3 26.95 3,018.78 4 28.30 3,169.70 5621 IAFF FIREFIGHTER - C 0 32.60 2,607.73 1 34.23 2,738.12 2 35.94 2,875.02 3 37.73 3,018.77 4 39.62 3,169.71 5613 IAFF FIREFIGHTER/PARAMEDIC - A 0 26.78 2,998.89 1 28.11 3,148.84 2 29.52 3,306.28 3 31.00 3,471.59 4 32.55 3,645.16 2022/12/06 City Council Post Agenda Page 856 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 31 of 71 5612 IAFF FIREFIGHTER/PARAMEDIC - B 0 35.70 2,998.88 1 37.49 3,148.84 2 39.36 3,306.28 3 41.33 3,471.58 4 43.39 3,645.17 5611 IAFF FIREFIGHTER/PARAMEDIC - C 0 37.49 2,998.89 1 39.36 3,148.84 2 41.33 3,306.28 3 43.39 3,471.58 4 45.56 3,645.17 0216 PRCF FISCAL AND MANAGEMENT ANALYST 0 49.11 3,928.65 1 51.56 4,125.08 2 54.14 4,331.33 3 56.85 4,547.90 4 59.69 4,775.30 3627 MMCF FISCAL DEBT MGMT ANALYST 0 49.11 3,928.65 1 51.56 4,125.08 2 54.14 4,331.33 3 56.85 4,547.90 4 59.69 4,775.30 0169 ACE FISCAL OFFICE SPECIALIST 0 20.72 1,657.55 1 21.76 1,740.44 2 22.84 1,827.45 3 23.99 1,918.81 4 25.18 2,014.76 0170 UCHR FISCAL OFFICE SPECIALIST 0 20.72 -- 1 21.76 -- 2 22.84 -- 3 23.99 -- 4 25.18 -- 6513 ACE FLEET INVENTORY CONTROL SPEC 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 2022/12/06 City Council Post Agenda Page 857 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 32 of 71 6501 MM FLEET MANAGER 0 44.98 3,598.70 1 47.23 3,778.63 2 49.59 3,967.56 3 52.07 4,165.94 4 54.68 4,374.23 6507 ACE FLEET SUPERVISOR 0 37.00 2,960.05 1 38.85 3,108.05 2 40.79 3,263.46 3 42.83 3,426.63 4 44.97 3,597.96 5114 ACE FORENSICS SPECIALIST 0 32.86 2,628.62 1 34.50 2,760.05 2 36.23 2,898.09 3 38.04 3,042.97 4 39.94 3,195.12 6629 UCHR GARDENER (SEASONAL) 0 18.19 -- 1 19.10 -- 2 20.06 -- 3 21.06 -- 4 22.11 -- 3075 ACE GIS ANALYST 0 33.42 2,673.78 1 35.09 2,807.47 2 36.85 2,947.84 3 38.69 3,095.23 4 40.63 3,250.00 3079 MM GIS MANAGER 0 47.49 3,799.18 1 49.86 3,989.14 2 52.36 4,188.59 3 54.98 4,398.02 4 57.72 4,617.93 3077 ACE GIS TECHNICIAN 0 28.48 2,278.26 1 29.90 2,392.17 2 31.40 2,511.78 3 32.97 2,637.37 4 34.62 2,769.24 2022/12/06 City Council Post Agenda Page 858 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 33 of 71 2775 ACE GRAPHIC DESIGNER 0 29.31 2,344.98 1 30.78 2,462.22 2 32.32 2,585.33 3 33.93 2,714.61 4 35.63 2,850.32 4321 MM HOMELESS SERVICES MANAGER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 4311 MM HOUSING MANAGER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 3310 PRCF HUMAN RESOURCES ANALYST 0 36.13 2,890.23 1 37.93 3,034.74 2 39.83 3,186.48 3 41.82 3,345.80 4 43.91 3,513.09 3312 UCHR HUMAN RESOURCES ANALYST 0 36.13 -- 1 37.93 -- 2 39.83 -- 3 41.82 -- 4 43.91 -- 3331 SM HUMAN RESOURCES MANAGER 0 60.21 4,817.18 1 -- -- 2 -- -- 3 -- -- 4 73.19 5,855.08 3332 UCHR HUMAN RESOURCES MANAGER 0 60.21 -- 1 -- -- 2 -- -- 3 -- -- 4 73.19 -- 2022/12/06 City Council Post Agenda Page 859 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 34 of 71 3314 UCHR HUMAN RESOURCES TECHNICIAN 0 26.69 -- 1 28.02 -- 2 29.42 -- 3 30.89 -- 4 32.44 -- 3315 CONF HUMAN RESOURCES TECHNICIAN 0 26.69 2,135.03 1 28.02 2,241.79 2 29.42 2,353.87 3 30.89 2,471.56 4 32.44 2,595.15 6430 ACE HVAC TECHNICIAN 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 5104 SM INFO TECHNOLOGY MANAGER 0 57.88 4,630.03 1 -- -- 2 62.69 5,015.54 3 -- -- 4 69.45 5,556.25 3033 SM INFO TECHNOLOGY PROJ MANAGER 0 56.92 4,553.28 1 -- -- 2 -- -- 3 -- -- 4 69.18 5,534.54 3055 PROF INFO TECHNOLOGY SEC ANALYST 0 47.62 3,809.28 1 50.00 3,999.74 2 52.50 4,199.73 3 55.12 4,409.71 4 57.88 4,630.20 3014 PROF INFO TECHNOLOGY SPECIALIST (T) 0 37.74 3,018.83 1 39.62 3,169.76 2 41.60 3,328.25 3 43.68 3,494.67 4 45.87 3,669.40 2022/12/06 City Council Post Agenda Page 860 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 35 of 71 3017 ACE INFO TECHNOLOGY TECHNICIAN 0 28.76 2,300.58 1 30.20 2,415.62 2 31.70 2,536.39 3 33.29 2,663.21 4 34.95 2,796.37 3018 UCHR INFO TECHNOLOGY TECHNICIAN 0 28.76 -- 1 30.20 -- 2 31.71 -- 3 33.29 -- 4 34.95 -- 0269 UCHR INTERN - GRADUATE 0 17.05 -- 1 17.90 -- 2 18.80 -- 3 19.74 -- 4 20.72 -- 0267 UCHR INTERN - UNDERGRADUATE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 4480 PROF LANDSCAPE ARCHITECT 0 41.12 3,289.42 1 43.17 3,453.89 2 45.33 3,626.59 3 47.60 3,807.91 4 49.98 3,998.31 6291 ACE LANDSCAPE INSPECTOR 0 35.20 2,816.37 1 36.96 2,957.19 2 38.81 3,105.05 3 40.75 3,260.31 4 42.79 3,423.32 4482 ACE LANDSCAPE PLANNER I 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 2022/12/06 City Council Post Agenda Page 861 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 36 of 71 4483 ACE LANDSCAPE PLANNER II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5111 ACE LATENT PRINT EXAMINER 0 37.79 3,022.93 1 39.68 3,174.09 2 41.66 3,332.78 3 43.74 3,499.43 4 45.93 3,674.38 5112 UCHR LATENT PRINT EXAMINER 0 37.79 -- 1 39.68 -- 2 41.66 -- 3 43.74 -- 4 45.93 -- 2465 MMUC LAW OFFICE MANAGER 0 37.81 3,024.65 1 39.70 3,175.89 2 41.68 3,334.68 3 43.77 3,501.43 4 45.96 3,676.50 6663 ACE LEAD CUSTODIAN 0 22.31 1,784.92 1 23.43 1,874.16 2 24.60 1,967.88 3 25.83 2,066.27 4 27.12 2,169.58 0183 CONF LEGAL ASSISTANT 0 27.99 2,239.22 1 29.39 2,351.18 2 30.86 2,468.75 3 32.40 2,592.17 4 34.02 2,721.78 7075 ACE LIBRARIAN I 0 28.21 2,256.69 1 29.62 2,369.52 2 31.10 2,488.00 3 32.66 2,612.40 4 34.29 2,743.02 2022/12/06 City Council Post Agenda Page 862 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 37 of 71 7076 UCHR LIBRARIAN I 0 28.21 -- 1 29.62 -- 2 31.10 -- 3 32.66 -- 4 34.29 -- 7073 ACE LIBRARIAN II 0 31.03 2,482.35 1 32.58 2,606.48 2 34.21 2,736.80 3 35.92 2,873.64 4 37.72 3,017.32 7074 UCHR LIBRARIAN II 0 31.03 -- 1 32.58 -- 2 34.21 -- 3 35.92 -- 4 37.72 -- 7071 ACE LIBRARIAN III 0 34.13 2,730.59 1 35.84 2,867.13 2 37.63 3,010.48 3 39.51 3,161.00 4 41.49 3,319.06 7181 UCHR LIBRARY AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 7157 ACE LIBRARY ASSISTANT 0 19.12 1,529.28 1 20.07 1,605.76 2 21.08 1,686.03 3 22.13 1,770.33 4 23.24 1,858.86 7091 ACE LIBRARY ASSOCIATE 0 24.16 1,932.84 1 25.37 2,029.48 2 26.64 2,130.96 3 27.97 2,237.51 4 29.37 2,349.40 2022/12/06 City Council Post Agenda Page 863 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 38 of 71 7092 UCHR LIBRARY ASSOCIATE 0 24.16 -- 1 25.37 -- 2 26.64 -- 3 27.97 -- 4 29.37 -- 7025 MM LIBRARY DIGITAL SERVICES MGR 0 44.70 3,576.06 1 46.94 3,754.85 2 49.28 3,942.59 3 51.75 4,139.73 4 54.33 4,346.72 7029 MM LIBRARY OPERATIONS MANAGER 0 51.43 4,114.31 1 54.00 4,320.04 2 56.70 4,536.03 3 59.54 4,762.83 4 62.51 5,000.97 7121 ACE LIBRARY TECHNICIAN 0 21.98 1,758.68 1 23.08 1,846.62 2 24.24 1,938.96 3 25.45 2,035.90 4 26.72 2,137.69 7587 UCHR LIFEGUARD I 0 16.27 -- 1 17.09 -- 2 17.94 -- 3 18.84 -- 4 19.78 -- 7585 UCHR LIFEGUARD II 0 17.90 -- 1 18.80 -- 2 19.74 -- 3 20.72 -- 4 21.76 -- 6443 ACE LOCKSMITH 0 27.93 2,234.20 1 29.32 2,345.90 2 30.79 2,463.20 3 32.33 2,586.36 4 33.95 2,715.69 2022/12/06 City Council Post Agenda Page 864 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 39 of 71 6377 ACE MAINTENANCE WORKER I 0 20.99 1,679.22 1 22.04 1,763.18 2 23.14 1,851.34 3 24.30 1,943.91 4 25.51 2,041.10 6379 UCHR MAINTENANCE WORKER I 0 20.99 -- 1 22.04 -- 2 23.14 -- 3 24.30 -- 4 25.51 -- 6373 ACE MAINTENANCE WORKER II 0 23.09 1,847.14 1 24.24 1,939.50 2 25.46 2,036.47 3 26.73 2,138.30 4 28.07 2,245.21 0228 CONF MANAGEMENT ANALYST I 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 0229 ACE MANAGEMENT ANALYST I 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 0224 CONF MANAGEMENT ANALYST II 0 34.93 2,794.12 1 36.67 2,933.83 2 38.51 3,080.50 3 40.43 3,234.53 4 42.45 3,396.25 0227 ACE MANAGEMENT ANALYST II 0 34.93 2,794.12 1 36.67 2,933.83 2 38.51 3,080.50 3 40.43 3,234.53 4 42.45 3,396.25 2022/12/06 City Council Post Agenda Page 865 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 40 of 71 2781 SM MARKETING & COMMUNICATIONS MGR 0 60.41 4,832.76 1 -- -- 2 62.11 4,969.08 3 -- -- 4 73.43 5,874.25 2001 MY MAYOR 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 72.70 5,816.25 6550 ACE MECHANIC ASSISTANT 0 22.53 1,802.27 1 23.65 1,892.38 2 24.84 1,987.00 3 26.08 2,086.35 4 27.38 2,190.66 0238 CONF MGMT ANALYST I (CM'S OFFICE) 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 5571 PROF MULTIMEDIA DESIGNER 0 33.91 2,712.63 1 35.60 2,848.26 2 37.38 2,990.68 3 39.25 3,140.21 4 41.22 3,297.22 5569 ACE MULTIMEDIA PRODUCTON SPCLST 0 28.22 2,257.24 1 29.63 2,370.10 2 31.11 2,488.61 3 32.66 2,613.04 4 34.30 2,743.69 0160 UCHR OFFICE SPECIALIST 0 19.73 -- 1 20.72 -- 2 21.76 -- 3 22.84 -- 4 23.98 -- 2022/12/06 City Council Post Agenda Page 866 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 41 of 71 0161 ACE OFFICE SPECIALIST 0 19.73 1,578.59 1 20.72 1,657.52 2 21.76 1,740.41 3 22.84 1,827.42 4 23.98 1,918.78 0162 ACE OFFICE SPECIALIST-MAYOR 0 19.73 1,578.59 1 20.72 1,657.52 2 21.76 1,740.41 3 22.84 1,827.42 4 23.98 1,918.78 6311 ACE OPEN SPACE INSPECTOR 0 35.20 2,816.37 1 36.96 2,957.19 2 38.81 3,105.05 3 40.75 3,260.31 4 42.79 3,423.32 6302 MM OPEN SPACE MANAGER 0 43.60 3,488.22 1 45.78 3,662.63 2 48.07 3,845.76 3 50.48 4,038.05 4 53.00 4,239.96 3025 MM OPERATIONS AND TELECOMM MGR 0 47.49 3,799.18 1 49.86 3,989.14 2 52.36 4,188.59 3 54.98 4,398.02 4 57.72 4,617.93 6434 ACE PAINTER 0 26.66 2,132.66 1 27.99 2,239.28 2 29.39 2,351.24 3 30.86 2,468.82 4 32.40 2,592.25 2475 CONF PARALEGAL 0 30.04 2,403.02 1 31.54 2,523.16 2 33.12 2,649.33 3 34.77 2,781.80 4 36.51 2,920.88 2022/12/06 City Council Post Agenda Page 867 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 42 of 71 2476 UCHR PARALEGAL 0 30.04 -- 1 31.54 -- 2 33.12 -- 3 34.77 -- 4 36.51 -- 5655 NIAF PARAMEDIC (NON-SAFETY) 0 18.72 1 19.66 2 20.64 3 21.67 4 22.75 5656 UCHR PARAMEDIC (NS/HRLY) 0 18.72 -- 1 19.66 -- 2 20.64 -- 3 21.67 -- 4 22.75 -- 7434 UCHR PARK RANGER 0 16.12 -- 1 16.93 -- 2 17.78 -- 3 18.67 -- 4 19.60 -- 7431 PROF PARK RANGER PROGRAM MANAGER 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 7441 ACE PARK RANGER SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 5152 UCHR PARKING ENFORCEMENT OFFICER 0 21.24 -- 1 22.30 -- 2 23.42 -- 3 24.59 -- 4 25.82 -- 2022/12/06 City Council Post Agenda Page 868 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 43 of 71 5154 ACE PARKING ENFORCEMENT OFFICER 0 21.24 1,699.41 1 22.30 1,784.38 2 23.42 1,873.60 3 24.59 1,967.27 4 25.82 2,065.64 3693 ACE PARKING METER TECHNICIAN 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 7407 SM PARKS & RECREATION ADM 0 60.46 4,837.00 1 63.49 5,078.84 2 66.66 5,332.79 3 69.99 5,599.42 4 73.49 5,879.39 6619 ACE PARKS MAINT WORKER I 0 21.02 1,681.52 1 22.07 1,765.59 2 23.17 1,853.87 3 24.33 1,946.57 4 25.55 2,043.90 6617 ACE PARKS MAINT WORKER II 0 23.12 1,849.67 1 24.28 1,942.15 2 25.49 2,039.27 3 26.77 2,141.22 4 28.10 2,248.28 6604 MM PARKS MANAGER 0 43.61 3,488.47 1 45.79 3,662.89 2 48.08 3,846.03 3 50.48 4,038.33 4 53.00 4,240.24 6605 ACE PARKS SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 2022/12/06 City Council Post Agenda Page 869 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 44 of 71 3665 CONF PAYROLL SPECIALIST 0 28.16 2,252.44 1 29.56 2,365.06 2 31.04 2,483.31 3 32.59 2,607.48 4 34.22 2,737.85 3663 CONF PAYROLL SUPERVISOR 0 33.32 2,665.99 1 34.99 2,799.30 2 36.74 2,939.26 3 38.58 3,086.22 4 40.51 3,240.54 5061 POA PEACE OFFICER 0 42.17 3,373.65 1 44.28 3,542.32 2 46.49 3,719.44 3 48.82 3,905.41 4 51.26 4,100.68 4731 MM PLAN CHECK SUPERVISOR 0 50.36 4,028.85 1 52.88 4,230.28 2 55.52 4,441.80 3 58.30 4,663.89 4 61.21 4,897.07 4753 ACE PLAN CHECK TECHNICIAN 0 30.61 2,449.02 1 32.14 2,571.47 2 33.75 2,700.04 3 35.44 2,835.05 4 37.21 2,976.80 4727 SM PLANNING MANAGER 0 63.92 5,113.63 1 -- -- 2 68.97 5,517.68 3 72.42 5,793.56 4 77.11 6,169.01 4527 ACE PLANNING TECHNICIAN 0 25.15 2,012.24 1 26.41 2,112.83 2 27.73 2,218.47 3 29.12 2,329.40 4 30.57 2,445.87 2022/12/06 City Council Post Agenda Page 870 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 45 of 71 6432 ACE PLUMBER 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 5025 SM POLICE ADMIN SVCS ADMINISTRATR 0 58.71 4,696.90 1 -- -- 2 -- -- 3 -- -- 4 71.36 5,708.92 5051 POA POLICE AGENT 0 46.44 3,714.92 1 48.76 3,900.67 2 51.20 4,095.70 3 53.76 4,300.47 4 56.44 4,515.49 5022 SM POLICE CAPTAIN 0 80.90 6,472.10 1 -- -- 2 -- -- 3 -- -- 4 98.33 7,866.56 5258 ACE POLICE COMM RELATIONS SPEC 0 26.87 2,149.75 1 28.22 2,257.24 2 29.63 2,370.10 3 31.11 2,488.61 4 32.66 2,613.04 5185 MM POLICE COMMUNICATIONS SYS MGR 0 47.77 3,821.44 1 50.16 4,012.51 2 52.66 4,213.14 3 55.30 4,423.79 4 58.06 4,644.98 5187 UCHR POLICE DISPATCH CALLTAKER 0 20.66 -- 1 21.69 -- 2 22.78 -- 3 23.92 -- 4 25.11 -- 2022/12/06 City Council Post Agenda Page 871 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 46 of 71 5180 UCHR POLICE DISPATCHER 0 29.72 -- 1 31.21 -- 2 32.77 -- 3 34.41 -- 4 36.13 -- 5181 ACE POLICE DISPATCHER 0 29.72 2,377.95 1 31.21 2,496.85 2 32.77 2,621.69 3 34.41 2,752.77 4 36.13 2,890.40 5183 ACE POLICE DISPATCHER SUPERVISOR 0 34.59 2,767.24 1 36.32 2,905.60 2 38.14 3,050.88 3 40.04 3,203.43 4 42.05 3,363.60 5179 ACE POLICE DISPATCHER TRAINEE 0 27.02 2,161.77 1 28.37 2,269.86 2 29.79 2,383.35 3 31.28 2,502.52 4 32.85 2,627.64 5191 ACE POLICE FACILITY & SUPPLY COORD 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 5031 POA POLICE LIEUTENANT 0 64.10 5,128.31 1 67.31 5,384.72 2 70.67 5,653.96 3 74.21 5,936.67 4 77.92 6,233.50 5203 ACE POLICE RECORDS & SUPPORT SUPV 0 26.60 2,127.95 1 27.93 2,234.35 2 29.33 2,346.07 3 30.79 2,463.37 4 32.33 2,586.54 2022/12/06 City Council Post Agenda Page 872 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 47 of 71 0165 ACE POLICE RECORDS SPECIALIST 0 20.11 1,609.04 1 21.12 1,689.49 2 22.17 1,773.96 3 23.28 1,862.66 4 24.45 1,955.80 0166 UCHR POLICE RECORDS SPECIALIST 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.45 -- 5071 ACE POLICE RECRUIT 0 31.93 2,554.55 1 33.53 2,682.26 2 35.20 2,816.37 3 36.96 2,957.19 4 38.81 3,105.05 5041 POA POLICE SERGEANT 0 53.42 4,273.27 1 56.09 4,486.94 2 58.89 4,711.29 3 61.84 4,946.84 4 64.93 5,194.19 5415 ACE POLICE SERVICES TECHNICIAN 0 25.33 2,026.01 1 26.59 2,127.31 2 27.92 2,233.69 3 29.32 2,345.36 4 30.78 2,462.64 5207 UCHR POLICE SUPPORT SERVICES AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 5205 MM POLICE SUPPORT SERVICES MGR 0 44.64 3,570.92 1 46.87 3,749.47 2 49.21 3,936.94 3 51.67 4,133.78 4 54.26 4,340.47 2022/12/06 City Council Post Agenda Page 873 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 48 of 71 5209 MM POLICE TECHNOLOGY MANAGER 0 47.49 3,799.18 1 49.86 3,989.14 2 52.36 4,188.59 3 54.98 4,398.02 4 57.72 4,617.93 5107 ACE POLICE TECHNOLOGY SPECIALIST 0 40.04 3,202.98 1 42.04 3,363.13 2 44.14 3,531.29 3 46.35 3,707.84 4 48.67 3,893.24 2013 PRUC POLICY AIDE 0 30.23 2,418.29 1 31.74 2,539.21 2 33.33 2,666.16 3 34.99 2,799.47 4 36.74 2,939.45 3629 MMCF PRINCIPAL ACCOUNTANT 0 44.25 3,539.84 1 46.46 3,716.83 2 48.78 3,902.67 3 51.22 4,097.80 4 53.78 4,302.69 6021 MM PRINCIPAL CIVIL ENGINEER 0 61.12 4,889.53 1 64.18 5,134.01 2 67.38 5,390.71 3 70.75 5,660.25 4 74.29 5,943.26 2724 MM PRINCIPAL ECON DEV SPECIALIST 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 4486 MM PRINCIPAL LANDSCAPE ARCHITECT 0 51.40 4,112.15 1 53.97 4,317.76 2 56.67 4,533.65 3 59.50 4,760.33 4 62.48 4,998.34 2022/12/06 City Council Post Agenda Page 874 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 49 of 71 7051 MM PRINCIPAL LIBRARIAN 0 44.70 3,576.06 1 46.94 3,754.85 2 49.28 3,942.59 3 51.75 4,139.73 4 54.33 4,346.72 0208 PROF PRINCIPAL MANAGEMENT ANALYST 0 46.77 3,741.61 1 49.11 3,928.69 2 51.56 4,125.12 3 54.14 4,331.38 4 56.85 4,547.95 0214 PRCF PRINCIPAL MANAGEMENT ANALYST 0 46.77 3,741.61 1 49.11 3,928.69 2 51.56 4,125.12 3 54.14 4,331.38 4 56.85 4,547.95 4431 MM PRINCIPAL PLANNER 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 4212 PROF PRINCIPAL PROJECT COORDINATOR 0 53.33 4,266.32 1 56.00 4,479.63 2 58.80 4,703.61 3 61.73 4,938.79 4 64.82 5,185.73 7410 MM PRINCIPAL RECREATION MANAGER 0 44.96 3,596.56 1 47.20 3,776.38 2 49.57 3,965.20 3 52.04 4,163.46 4 54.65 4,371.64 6020 MM PRINCIPAL TRAFFIC ENGINEER 0 61.12 4,889.53 1 64.18 5,134.01 2 67.38 5,390.71 3 70.75 5,660.25 4 74.29 5,943.26 2022/12/06 City Council Post Agenda Page 875 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 50 of 71 3717 MM PROCUREMENT SERVICES ANALYST 0 44.26 3,541.02 1 46.48 3,718.07 2 48.80 3,903.97 3 51.24 4,099.17 4 53.80 4,304.13 3721 ACE PROCUREMENT SPECIALIST 0 31.12 2,489.40 1 32.67 2,613.85 2 34.31 2,744.53 3 36.02 2,881.78 4 37.82 3,025.86 3090 PROF PROGRAMMER ANALYST 0 39.86 3,188.54 1 41.85 3,347.96 2 43.94 3,515.37 3 46.14 3,691.14 4 48.45 3,875.69 4217 ACE PROJECT COORDINATOR I 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 4218 UCHR PROJECT COORDINATOR I 0 33.31 -- 1 34.98 -- 2 36.73 -- 3 38.57 -- 4 40.49 -- 4215 ACE PROJECT COORDINATOR II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5127 ACE PROPERTY & EVIDENCE SPECIALIST 0 22.25 1,779.83 1 23.36 1,868.82 2 24.53 1,962.27 3 25.75 2,060.38 4 27.04 2,163.40 2022/12/06 City Council Post Agenda Page 876 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 51 of 71 5128 UCHR PROPERTY & EVIDENCE SPECIALIST 0 22.25 -- 1 23.36 -- 2 24.53 -- 3 25.75 -- 4 27.04 -- 5121 ACE PROPERTY & EVIDENCE SUPERVISOR 0 29.42 2,353.82 1 30.89 2,471.52 2 32.44 2,595.09 3 34.06 2,724.85 4 35.76 2,861.09 2782 CONF PUBLIC INFORMATION SPECIALIST 0 31.32 2,505.96 1 32.89 2,631.28 2 34.54 2,762.82 3 36.26 2,900.97 4 38.08 3,046.02 2783 ACE PUBLIC INFORMATION SPECIALIST 0 31.32 2,505.96 1 32.89 2,631.28 2 34.54 2,762.82 3 36.26 2,900.97 4 38.08 3,046.02 5254 ACE PUBLIC SAFETY ANALYST 0 34.28 2,742.22 1 35.99 2,879.33 2 37.79 3,023.30 3 39.68 3,174.48 4 41.66 3,333.19 5256 UCHR PUBLIC SAFETY ANALYST 0 34.28 -- 1 35.99 -- 2 37.79 -- 3 39.68 -- 4 41.66 -- 6123 ACE PUBLIC WORKS INSPECTOR I 0 32.00 2,560.35 1 33.60 2,688.35 2 35.28 2,822.78 3 37.05 2,963.91 4 38.90 3,112.11 2022/12/06 City Council Post Agenda Page 877 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 52 of 71 6121 ACE PUBLIC WORKS INSPECTOR II 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 6336 MM PUBLIC WORKS MANAGER 0 45.83 3,666.11 1 48.12 3,849.41 2 50.52 4,041.88 3 53.05 4,243.98 4 55.70 4,456.18 6712 ACE PUBLIC WORKS SPECIALIST 0 25.51 2,040.85 1 26.79 2,142.88 2 28.13 2,250.02 3 29.53 2,362.52 4 31.01 2,480.67 6327 SM PUBLIC WORKS SUPERINTENDENT 0 58.78 4,702.35 1 61.72 4,937.46 2 64.80 5,184.34 3 68.04 5,443.55 4 71.45 5,715.74 6337 ACE PUBLIC WORKS SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 6392 ACE PUMP MAINTENANCE SUPERVISOR 0 34.57 2,765.93 1 36.30 2,904.24 2 38.12 3,049.44 3 40.02 3,201.91 4 42.03 3,362.01 6396 ACE PUMP MAINTENANCE TECHNICIAN 0 30.06 2,405.16 1 31.57 2,525.42 2 33.15 2,651.68 3 34.80 2,784.26 4 36.54 2,923.48 2022/12/06 City Council Post Agenda Page 878 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 53 of 71 5417 ACE RANGE MASTER 0 25.70 2,056.28 1 26.99 2,159.10 2 28.34 2,267.05 3 29.76 2,380.40 4 31.24 2,499.43 5418 UCHR RANGE MASTER 0 25.70 -- 1 26.99 -- 2 28.34 -- 3 29.76 -- 4 31.24 -- 2211 MM RECORDS MANAGER 0 35.55 2,843.62 1 37.32 2,985.81 2 39.19 3,135.09 3 41.15 3,291.86 4 43.21 3,456.44 2217 ACE RECORDS SPECIALIST 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 7605 UCHR RECREATION AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 7603 UCHR RECREATION LEADER 0 17.83 -- 1 18.72 -- 2 19.65 -- 3 20.63 -- 4 21.67 -- 7601 UCHR RECREATION SPECIALIST 0 21.39 -- 1 22.46 -- 2 23.58 -- 3 24.76 -- 4 26.00 -- 2022/12/06 City Council Post Agenda Page 879 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 54 of 71 7425 ACE RECREATION SUPERVISOR I 0 25.88 2,070.77 1 27.18 2,174.30 2 28.54 2,283.03 3 29.96 2,397.17 4 31.46 2,517.03 7426 UCHR RECREATION SUPERVISOR I 0 25.88 -- 1 27.18 -- 2 28.54 -- 3 29.96 -- 4 31.46 -- 7423 ACE RECREATION SUPERVISOR II 0 28.47 2,277.84 1 29.90 2,391.74 2 31.39 2,511.32 3 32.96 2,636.89 4 34.61 2,768.74 7422 ACE RECREATION SUPERVISOR III 0 32.74 2,619.52 1 34.38 2,750.50 2 36.10 2,888.03 3 37.91 3,032.42 4 39.80 3,184.04 2742 ACE RECYCLING SPECIALIST I 0 25.27 2,021.74 1 26.54 2,122.83 2 27.86 2,228.98 3 29.26 2,340.41 4 30.72 2,457.44 2744 ACE RECYCLING SPECIALIST II 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 5307 ACE REGISTERED VETERINARY TECH 0 24.13 1,930.56 1 25.34 2,027.09 2 26.61 2,128.45 3 27.94 2,234.88 4 29.33 2,346.63 2022/12/06 City Council Post Agenda Page 880 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 55 of 71 5312 UCHR REGISTERED VETERINARY TECH 0 24.13 -- 1 25.34 -- 2 26.61 -- 3 27.94 -- 4 29.33 -- 5081 UCHR RESERVE OFFICER 0 14.24 -- 1 14.95 -- 2 15.69 -- 3 -- -- 4 -- -- 9903 UCHR RET ANNT - HOMELESS SOL COORD 0 37.77 -- 1 39.66 -- 2 41.64 -- 3 43.72 -- 4 45.91 -- 3689 SM REVENUE MANAGER 0 56.57 4,525.50 1 59.40 4,751.77 2 62.37 4,989.36 3 65.49 5,238.83 4 68.76 5,500.78 3367 PRCF RISK MANAGEMENT SPECIALIST 0 37.72 3,017.73 1 39.61 3,168.61 2 41.59 3,327.05 3 43.67 3,493.40 4 45.85 3,668.07 0231 UCHR SEASONAL ASSISTANT 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 0171 ACE SECRETARY 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 2022/12/06 City Council Post Agenda Page 881 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 56 of 71 3630 MMCF SENIOR ACCOUNTANT 0 39.86 3,188.83 1 41.85 3,348.27 2 43.95 3,515.68 3 46.14 3,691.47 4 48.45 3,876.04 3632 UCHR SENIOR ACCOUNTANT 0 39.86 -- 1 41.85 -- 2 43.95 -- 3 46.14 -- 4 48.45 -- 3651 ACE SENIOR ACCOUNTING ASSISTANT 0 25.79 2,063.34 1 27.08 2,166.50 2 28.44 2,274.84 3 29.86 2,388.60 4 31.35 2,508.02 0185 ACE SENIOR ADMIN SECRETARY 0 30.49 2,438.99 1 32.01 2,560.93 2 33.61 2,688.99 3 35.29 2,823.41 4 37.06 2,964.59 5345 ACE SENIOR ANIMAL CARE SPECIALIST 0 23.13 1,850.12 1 24.28 1,942.63 2 25.50 2,039.76 3 26.77 2,141.75 4 28.11 2,248.83 3089 PROF SENIOR APPLICATION SUPP SPEC 0 44.15 3,532.19 1 46.36 3,708.80 2 48.68 3,894.24 3 51.11 4,088.96 4 53.67 4,293.40 2403 SM SENIOR ASSISTANT CITY ATTORNEY 0 82.87 6,629.20 1 -- -- 2 -- -- 3 -- -- 4 100.72 8,057.84 2022/12/06 City Council Post Agenda Page 882 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 57 of 71 4781 ACE SENIOR BUILDING INSPECTOR 0 40.49 3,238.81 1 42.51 3,400.76 2 44.64 3,570.80 3 46.87 3,749.34 4 49.21 3,936.79 4507 ACE SENIOR BUSINESS LICENSE REP 0 25.79 2,063.34 1 27.08 2,166.50 2 28.44 2,274.84 3 29.86 2,388.60 4 31.35 2,508.02 6019 WCE SENIOR CIVIL ENGINEER 0 52.06 4,164.62 1 54.66 4,372.85 2 57.39 4,591.49 3 60.26 4,821.07 4 63.28 5,062.12 4763 ACE SENIOR CODE ENFORCEMNT OFFICER 0 38.68 3,094.59 1 40.62 3,249.31 2 42.65 3,411.79 3 44.78 3,582.36 4 47.02 3,761.49 6204 ACE SENIOR CONSERVATION SPECIALIST 0 31.97 2,557.53 1 33.57 2,685.41 2 35.25 2,819.67 3 37.01 2,960.65 4 38.86 3,108.69 2025 UCHR SENIOR COUNCIL ASSISTANT 0 28.66 -- 1 30.10 -- 2 31.60 -- 3 33.18 -- 4 34.84 -- 2027 CONF SENIOR COUNCIL ASSISTANT 0 23.80 1,903.84 1 24.99 1,999.03 2 26.24 2,098.98 3 27.55 2,203.92 4 28.93 2,314.13 2022/12/06 City Council Post Agenda Page 883 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 58 of 71 2725 PROF SENIOR ECON DEVELOPMENT SPEC 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 6442 ACE SENIOR ELECTRICIAN 0 34.38 2,750.10 1 36.10 2,887.61 2 37.90 3,031.99 3 39.79 3,183.58 4 41.78 3,342.76 6471 ACE SENIOR ELECTRONICS TECHNICIAN 0 37.81 3,025.12 1 39.70 3,176.37 2 41.69 3,335.19 3 43.77 3,501.95 4 45.96 3,677.04 6059 ACE SENIOR ENGINEERING TECHNICIAN 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 6512 ACE SENIOR EQUIPMENT MECHANIC 0 33.07 2,645.68 1 34.72 2,777.96 2 36.46 2,916.85 3 38.28 3,062.69 4 40.20 3,215.83 5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG 0 41.45 3,315.78 1 43.52 3,481.56 2 45.70 3,655.64 3 47.98 3,838.43 4 50.38 4,030.34 0175 ACE SENIOR FISCAL OFFICE SPECIALST 0 22.79 1,823.29 1 23.93 1,914.46 2 25.13 2,010.19 3 26.38 2,110.69 4 27.70 2,216.23 2022/12/06 City Council Post Agenda Page 884 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 59 of 71 0176 UCHR SENIOR FISCAL OFFICE SPECIALST 0 22.79 -- 1 23.93 -- 2 25.13 -- 3 26.38 -- 4 27.70 -- 3073 ACE SENIOR GIS ANALYST 0 36.76 2,941.15 1 38.60 3,088.21 2 40.53 3,242.62 3 42.56 3,404.75 4 44.69 3,574.99 2764 PROF SENIOR GRAPHIC DESIGNER 0 37.16 2,972.99 1 39.02 3,121.64 2 40.97 3,277.73 3 43.02 3,441.61 4 45.17 3,613.68 3308 PRCF SENIOR HR ANALYST 0 41.55 3,323.76 1 43.62 3,489.95 2 45.81 3,664.45 3 48.10 3,847.67 4 50.50 4,040.06 3313 UCHR SENIOR HR ANALYST 0 41.55 -- 1 43.62 -- 2 45.81 -- 3 48.10 -- 4 50.50 -- 3316 CONF SENIOR HR TECHNICIAN 0 30.69 2,455.28 1 32.23 2,578.05 2 33.84 2,706.96 3 35.53 2,842.30 4 37.31 2,984.42 6441 ACE SENIOR HVAC TECHNICIAN 0 34.38 2,750.10 1 36.10 2,887.61 2 37.90 3,031.99 3 39.79 3,183.58 4 41.78 3,342.76 2022/12/06 City Council Post Agenda Page 885 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 60 of 71 3012 PROF SENIOR INFO TECH SUPPORT SPEC 0 39.01 3,120.41 1 40.96 3,276.43 2 43.00 3,440.25 3 45.15 3,612.26 4 47.41 3,792.87 3031 PROF SENIOR ITS/POL SPEC II (T) 0 42.98 3,438.58 1 45.13 3,610.51 2 47.39 3,791.04 3 49.76 3,980.59 4 52.25 4,179.62 6285 WCE SENIOR LAND SURVEYOR 0 52.06 4,164.62 1 54.66 4,372.85 2 57.39 4,591.49 3 60.26 4,821.07 4 63.28 5,062.12 6295 ACE SENIOR LANDSCAPE INSPECTOR 0 40.49 3,238.83 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.81 5110 ACE SENIOR LATENT PRINT EXAMINER 0 43.45 3,476.36 1 45.63 3,650.19 2 47.91 3,832.69 3 50.30 4,024.34 4 52.82 4,225.54 2463 CONF SENIOR LEGAL ASSISTANT 0 30.79 2,463.14 1 32.33 2,586.28 2 33.95 2,715.60 3 35.64 2,851.38 4 37.42 2,993.96 7053 MM SENIOR LIBRARIAN 0 35.67 2,853.30 1 37.45 2,995.97 2 39.32 3,145.77 3 41.29 3,303.06 4 43.35 3,468.21 2022/12/06 City Council Post Agenda Page 886 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 61 of 71 7589 UCHR SENIOR LIFEGUARD 0 19.69 -- 1 20.67 -- 2 21.71 -- 3 22.79 -- 4 23.93 -- 6371 ACE SENIOR MAINTENANCE WORKER 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 0206 PROF SENIOR MANAGEMENT ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 0226 PRCF SENIOR MANAGEMENT ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 3051 PROF SENIOR NETWORK ENGINEER 0 52.43 4,194.61 1 55.05 4,404.35 2 57.81 4,624.57 3 60.70 4,855.79 4 63.73 5,098.58 0173 ACE SENIOR OFFICE SPECIALIST 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 0174 UCHR SENIOR OFFICE SPECIALIST 0 21.71 -- 1 22.79 -- 2 23.93 -- 3 25.13 -- 4 26.38 -- 2022/12/06 City Council Post Agenda Page 887 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 62 of 71 6309 ACE SENIOR OPEN SPACE INSPECTOR 0 40.49 3,238.83 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.81 7439 ACE SENIOR PARK RANGER 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 5157 ACE SENIOR PARKING ENFORCEMENT OFF 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 6615 ACE SENIOR PARKS MAINT WORKER 0 27.75 2,219.60 1 29.13 2,330.59 2 30.59 2,447.11 3 32.12 2,569.47 4 33.72 2,697.94 4746 WCE SENIOR PLAN CHECK ENGINEER 0 48.25 3,860.03 1 50.66 4,053.03 2 53.20 4,255.68 3 55.86 4,468.47 4 58.65 4,691.89 4751 ACE SENIOR PLAN CHECK TECHNICIAN 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 4432 PROF SENIOR PLANNER 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 2022/12/06 City Council Post Agenda Page 888 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 63 of 71 4434 UCHR SENIOR PLANNER 0 45.02 -- 1 47.27 -- 2 49.63 -- 3 52.11 -- 4 54.72 -- 4529 ACE SENIOR PLANNING TECHNICIAN 0 28.93 2,314.05 1 30.37 2,429.76 2 31.89 2,551.25 3 33.49 2,678.81 4 35.16 2,812.76 0135 ACE SENIOR POLICE RECORDS SPEC 0 23.13 1,850.39 1 24.29 1,942.92 2 25.50 2,040.06 3 26.78 2,142.06 4 28.11 2,249.16 0136 UCHR SENIOR POLICE RECORDS SPEC 0 23.13 -- 1 24.29 -- 2 25.50 -- 3 26.78 -- 4 28.11 -- 3728 PROF SENIOR PROCUREMENT SPECIALIST 0 35.65 2,852.12 1 37.43 2,994.73 2 39.31 3,144.46 3 41.27 3,301.69 4 43.33 3,466.77 3091 PROF SENIOR PROGRAMMER ANALYST 0 45.44 3,635.01 1 47.71 3,816.77 2 50.10 4,007.61 3 52.60 4,207.99 4 55.23 4,418.38 4214 PROF SENIOR PROJECT COORDINATOR 0 45.02 3,601.25 1 47.27 3,781.31 2 49.63 3,970.38 3 52.11 4,168.90 4 54.72 4,377.34 2022/12/06 City Council Post Agenda Page 889 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 64 of 71 5125 ACE SENIOR PROPRTY & EVIDENCE SPEC 0 25.59 2,046.80 1 26.86 2,149.15 2 28.21 2,256.61 3 29.62 2,369.43 4 31.10 2,487.90 5248 UCHR SENIOR PUBLIC SAFETY ANALYST 0 42.52 -- 1 44.64 -- 2 46.88 -- 3 49.22 -- 4 51.68 -- 5260 PROF SENIOR PUBLIC SAFETY ANALYST 0 42.52 3,401.46 1 44.64 3,571.54 2 46.88 3,750.11 3 49.22 3,937.62 4 51.68 4,134.50 6101 ACE SENIOR PUBLIC WORKS INSPECTOR 0 40.49 3,238.82 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.80 6702 ACE SENIOR PUBLIC WORKS SPECIALIST 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 2215 ACE SENIOR RECORDS SPECIALIST 0 24.96 1,996.95 1 26.21 2,096.79 2 27.52 2,201.63 3 28.90 2,311.72 4 30.34 2,427.30 2746 ACE SENIOR RECYCLING SPECIALIST 0 31.97 2,557.53 1 33.57 2,685.41 2 35.25 2,819.67 3 37.01 2,960.65 4 38.86 3,108.69 2022/12/06 City Council Post Agenda Page 890 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 65 of 71 3365 PRCF SENIOR RISK MANAGEMENT SPEC 0 43.38 3,470.39 1 45.55 3,643.91 2 47.83 3,826.10 3 50.22 4,017.41 4 52.73 4,218.28 0177 ACE SENIOR SECRETARY 0 23.88 1,910.12 1 25.07 2,005.64 2 26.32 2,105.91 3 27.64 2,211.22 4 29.02 2,321.78 6573 ACE SENIOR TREE TRIMMER 0 30.52 2,441.56 1 32.05 2,563.65 2 33.65 2,691.82 3 35.33 2,826.42 4 37.10 2,967.74 2779 PROF SENIOR WEBMASTER 0 37.30 2,983.89 1 39.16 3,133.07 2 41.12 3,289.74 3 43.18 3,454.23 4 45.34 3,626.94 6169 ACE SIGNAL SYSTEMS ENGINEER I 0 36.79 2,943.50 1 38.63 3,090.66 2 40.57 3,245.20 3 42.59 3,407.47 4 44.72 3,577.83 6170 ACE SIGNAL SYSTEMS ENGINEER II 0 40.47 3,237.84 1 42.50 3,399.74 2 44.62 3,569.71 3 46.85 3,748.20 4 49.20 3,935.61 6355 ACE SIGNING AND STRIPING SUPV 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 2022/12/06 City Council Post Agenda Page 891 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 66 of 71 2751 SM SPECIAL PROJECTS MGR 0 49.72 3,977.42 1 50.98 4,078.27 2 53.53 4,282.18 3 56.20 4,496.29 4 60.43 4,834.56 3734 ACE STOREKEEPER 0 23.09 1,847.14 1 24.24 1,939.50 2 25.46 2,036.47 3 26.73 2,138.30 4 28.07 2,245.21 3732 ACE STOREKEEPER SUPERVISOR 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 6127 ACE STORMWATER COMPLNCE INSP I 0 29.87 2,389.36 1 31.36 2,508.83 2 32.93 2,634.27 3 34.57 2,765.99 4 36.30 2,904.29 6125 ACE STORMWATER COMPLNCE INSP II 0 32.85 2,628.30 1 34.50 2,759.71 2 36.22 2,897.70 3 38.03 3,042.59 4 39.93 3,194.71 6137 ACE STORMWATER ENV SPECIALIST I 0 33.46 2,676.71 1 35.13 2,810.56 2 36.89 2,951.08 3 38.73 3,098.64 4 40.67 3,253.58 6135 ACE STORMWATER ENV SPECIALIST II 0 36.81 2,944.40 1 38.65 3,091.62 2 40.58 3,246.20 3 42.61 3,408.49 4 44.74 3,578.94 2022/12/06 City Council Post Agenda Page 892 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 67 of 71 6131 MM STORMWATER PROGRAM MANAGER 0 49.68 3,974.36 1 52.16 4,173.08 2 54.77 4,381.73 3 57.51 4,600.82 4 60.39 4,830.86 5241 MM SUPRVSNG PUBLIC SAFETY ANALYST 0 48.90 3,911.68 1 51.34 4,107.27 2 53.91 4,312.63 3 56.60 4,528.26 4 59.43 4,754.67 6151 ACE SURVEY TECHNICIAN I 0 27.83 2,226.37 1 29.22 2,337.69 2 30.68 2,454.57 3 32.22 2,577.31 4 33.83 2,706.18 6141 ACE SURVEY TECHNICIAN II 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 3015 PROF SYSTEMS/DATABASE ADMINISTRATOR 0 41.51 3,320.42 1 43.58 3,486.45 2 45.76 3,660.76 3 48.05 3,843.81 4 50.45 4,035.99 3027 ACE TELECOMMUNICATIONS SPECIALIST 0 25.76 2,060.45 1 27.04 2,163.47 2 28.40 2,271.64 3 29.82 2,385.22 4 31.31 2,504.49 7503 UCHR TINY TOT AIDE 0 17.83 -- 1 18.72 -- 2 19.65 -- 3 20.63 -- 4 21.67 -- 2022/12/06 City Council Post Agenda Page 893 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 68 of 71 7505 UCHR TINY TOT SPECIALIST 0 21.39 -- 1 22.46 -- 2 23.58 -- 3 24.76 -- 4 26.00 -- 5155 UCHR TRAFFIC CONTROL ASSISTANT 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 5293 UCHR TRAFFIC OFFICER 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 6187 ACE TRAFFIC SIGNAL & LIGHT TECH I 0 29.32 2,345.97 1 30.79 2,463.27 2 32.33 2,586.43 3 33.95 2,715.75 4 35.64 2,851.54 6185 ACE TRAFFIC SIGNAL & LIGHT TECH II 0 32.26 2,580.57 1 33.87 2,709.59 2 35.56 2,845.08 3 37.34 2,987.31 4 39.21 3,136.69 6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV 0 37.10 2,967.65 1 38.95 3,116.04 2 40.90 3,271.83 3 42.94 3,435.43 4 45.09 3,607.18 5262 ACE TRAINING PROGRAM SPECIALIST 0 26.87 2,149.75 1 28.22 2,257.24 2 29.63 2,370.10 3 31.11 2,488.61 4 32.66 2,613.04 2022/12/06 City Council Post Agenda Page 894 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 69 of 71 6031 WCE TRANSPORTATION ENGR W CERT 0 52.06 4,164.62 1 54.66 4,372.85 2 57.39 4,591.49 3 60.26 4,821.07 4 63.28 5,062.12 6033 WCE TRANSPORTATION ENGR W/O CERT 0 49.58 3,966.31 1 52.06 4,164.63 2 54.66 4,372.86 3 57.39 4,591.50 4 60.26 4,821.08 6575 ACE TREE TRIMMER 0 25.43 2,034.63 1 26.70 2,136.37 2 28.04 2,243.18 3 29.44 2,355.34 4 30.91 2,473.11 6572 ACE TREE TRIMMER SUPERVISOR 0 35.10 2,807.79 1 36.85 2,948.19 2 38.70 3,095.60 3 40.63 3,250.38 4 42.66 3,412.90 5308 UCHR VETERINARIAN 0 46.77 -- 1 49.11 -- 2 51.57 -- 3 54.15 -- 4 56.85 -- 5322 UCHR VETERINARIAN (PERMITTED) 0 66.13 -- 1 69.44 -- 2 72.91 -- 3 76.56 -- 4 80.39 -- 5331 PROF VETERINARIAN (PERMITTED) 0 59.32 4,745.35 1 62.28 4,982.61 2 65.40 5,231.75 3 68.67 5,493.34 4 72.10 5,768.00 2022/12/06 City Council Post Agenda Page 895 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 70 of 71 5335 PROF VETERINARIAN I 0 42.13 3,370.27 1 44.23 3,538.79 2 46.45 3,715.73 3 48.77 3,901.51 4 51.21 4,096.59 5333 PROF VETERINARIAN II 0 48.45 3,875.81 1 50.87 4,069.59 2 53.41 4,273.08 3 56.08 4,486.73 4 58.89 4,711.07 5334 UCHR VETERINARIAN II 0 47.04 -- 1 49.39 -- 2 51.86 -- 3 54.45 -- 4 57.17 -- 5323 UCHR VETERINARY ASSISTANT 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.44 -- 5325 ACE VETERINARY ASSISTANT 0 20.11 1,608.82 1 21.12 1,689.25 2 22.17 1,773.71 3 23.28 1,862.41 4 24.44 1,955.52 3029 ACE VOIP/VIDEOCONF SPECIALIST 0 34.51 2,760.67 1 36.23 2,898.71 2 38.05 3,043.64 3 39.95 3,195.82 4 41.95 3,355.62 7131 ACE VOLUNTEER COORDINATOR 0 21.98 1,758.68 1 23.08 1,846.62 2 24.24 1,938.96 3 25.45 2,035.90 4 26.72 2,137.69 2022/12/06 City Council Post Agenda Page 896 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective December 30, 2022 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 71 of 71 2777 ACE WEBMASTER 0 33.09 2,647.10 1 34.74 2,779.45 2 36.48 2,918.43 3 38.30 3,064.34 4 40.22 3,217.56 Revised July 12, 2022 (Effective July 1, 2022) August 9, 2022 (Effective August 12, 2022 | FA IVDC-LECC Executive Director salary effective January 1, 2022; Mayor, City Attorney and Councilperson salaries effective July 1, 2022) October 18, 2022 (Effective October 21, 2022) November 9, 2022 (Effective November 18, 2022) December 6, 2022 (Effective December 16, 2022) December 6, 2022 (Effective December 30, 2022) 2022/12/06 City Council Post Agenda Page 897 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 1 of 71 3633 CONF ACCOUNTANT 0 30.30 2,423.63 1 31.81 2,544.82 2 33.40 2,672.05 3 35.07 2,805.66 4 36.82 2,945.94 3641 ACE ACCOUNTING ASSISTANT 0 22.43 1,794.22 1 23.55 1,883.93 2 24.73 1,978.15 3 25.96 2,077.03 4 27.26 2,180.88 3643 CONF ACCOUNTING TECHNICIAN 0 26.04 2,083.57 1 27.35 2,187.75 2 28.71 2,297.13 3 30.15 2,411.99 4 31.66 2,532.59 3675 ACE ACCOUNTING TECHNICIAN 0 26.04 2,083.57 1 27.35 2,187.75 2 28.71 2,297.13 3 30.15 2,411.99 4 31.66 2,532.59 3647 CONF ACCOUNTING TECHNICIAN II (T) 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 3677 ACE ACCOUNTING TECHNICIAN II (T) 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 3645 ACE ACCOUNTS PAYABLE SUPERVISOR 0 32.63 2,610.13 1 34.26 2,740.65 2 35.97 2,877.68 3 37.77 3,021.56 4 39.66 3,172.62 2022/12/06 City Council Post Agenda Page 898 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 2 of 71 0149 CONF ADMINISTRATIVE SECRETARY 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0179 ACE ADMINISTRATIVE SECRETARY 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0180 UCHR ADMINISTRATIVE SECRETARY 0 27.72 -- 1 29.10 -- 2 30.56 -- 3 32.08 -- 4 33.69 -- 0154 CONF ADMINISTRATIVE SECRETARY-MAYOR 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0215 SM ADMINISTRATIVE SERVICES MGR 0 49.72 3,977.41 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 0181 ACE ADMINISTRATIVE TECHNICIAN 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 5316 UCHR ANIMAL CARE AIDE 0 16.12 -- 1 16.93 -- 2 17.78 -- 3 18.67 -- 4 19.60 -- 2022/12/06 City Council Post Agenda Page 899 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 3 of 71 5317 ACE ANIMAL CARE FACILITY SUPV 0 32.11 2,569.11 1 33.72 2,697.57 2 35.41 2,832.44 3 37.18 2,974.07 4 39.03 3,122.77 5343 ACE ANIMAL CARE SPECIALIST 0 20.11 1,608.82 1 21.12 1,689.25 2 22.17 1,773.71 3 23.28 1,862.41 4 24.44 1,955.52 5344 UCHR ANIMAL CARE SPECIALIST 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.44 -- 5319 ACE ANIMAL CARE SUPERVISOR 0 27.93 2,234.01 1 29.32 2,345.71 2 30.79 2,463.00 3 32.33 2,586.16 4 33.94 2,715.45 5303 ACE ANIMAL CONTROL OFFICER 0 24.13 1,930.56 1 25.34 2,027.09 2 26.61 2,128.45 3 27.94 2,234.88 4 29.33 2,346.63 5305 UCHR ANIMAL CONTROL OFFICER 0 24.13 -- 1 25.34 -- 2 26.61 -- 3 27.94 -- 4 29.33 -- 5304 ACE ANIMAL CONTROL OFFICER SUPVR 0 27.75 2,220.16 1 29.14 2,331.16 2 30.60 2,447.71 3 32.13 2,570.10 4 33.73 2,698.62 2022/12/06 City Council Post Agenda Page 900 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 4 of 71 5309 ACE ANIMAL SERVICES SPECIALIST 0 21.94 1,755.07 1 23.04 1,842.82 2 24.19 1,934.96 3 25.40 2,031.72 4 26.67 2,133.29 3083 MM APPLICATIONS SUPPORT MANAGER 0 53.30 4,263.88 1 55.96 4,477.07 2 58.76 4,700.91 3 61.70 4,935.96 4 64.78 5,182.76 3088 PROF APPLICATIONS SUPPORT SPEC 0 40.57 3,245.71 1 42.60 3,408.00 2 44.73 3,578.39 3 46.97 3,757.31 4 49.31 3,945.19 7741 ACE AQUARIST 0 24.98 1,998.44 1 26.23 2,098.32 2 27.54 2,203.24 3 28.92 2,313.42 4 30.36 2,429.09 7579 ACE AQUATIC SUPERVISOR I 0 25.88 2,070.77 1 27.18 2,174.30 2 28.54 2,283.03 3 29.96 2,397.17 4 31.46 2,517.03 7577 ACE AQUATIC SUPERVISOR II 0 28.47 2,277.84 1 29.90 2,391.74 2 31.39 2,511.32 3 32.96 2,636.89 4 34.61 2,768.74 7575 ACE AQUATIC SUPERVISOR III 0 32.74 2,619.52 1 34.38 2,750.50 2 36.10 2,888.03 3 37.91 3,032.42 4 39.80 3,184.04 2022/12/06 City Council Post Agenda Page 901 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 5 of 71 5011 SM ASSISTANT CHIEF OF POLICE 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 2405 SM ASSISTANT CITY ATTORNEY 0 76.73 6,138.15 1 80.56 6,445.08 2 84.59 6,767.33 3 88.82 7,105.69 4 93.26 7,460.97 2210 SM ASSISTANT CITY CLERK 0 44.53 3,562.67 1 46.76 3,740.82 2 49.10 3,927.85 3 51.55 4,124.22 4 54.13 4,330.55 2707 EXEC ASSISTANT CITY MANAGER 0 99.27 7,941.69 1 -- -- 2 -- -- 3 -- -- 4 119.91 9,593.16 4040 SM ASSISTANT DIR OF DEVLPMNT SVCS 0 76.85 6,147.78 1 -- -- 2 85.13 6,810.23 3 89.38 7,150.74 4 93.41 7,472.68 3604 SM ASSISTANT DIR OF FINANCE 0 75.63 6,050.05 1 -- -- 2 87.50 7,000.00 3 90.00 7,200.00 4 91.30 7,304.19 6322 SM ASSISTANT DIR OF PUBLIC WORKS 0 70.33 5,626.11 1 -- -- 2 -- -- 3 83.02 6,641.98 4 84.90 6,792.35 2022/12/06 City Council Post Agenda Page 902 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 6 of 71 6015 WCE ASSISTANT ENGINEER 0 39.93 3,194.16 1 41.92 3,353.86 2 44.02 3,521.56 3 46.22 3,697.63 4 48.53 3,882.52 6289 WCE ASSISTANT LAND SURVEYOR 0 39.93 3,194.16 1 41.92 3,353.86 2 44.02 3,521.56 3 46.22 3,697.63 4 48.53 3,882.52 4749 WCE ASSISTANT PLAN CHECK ENGINEER 0 38.91 3,112.43 1 40.85 3,268.05 2 42.89 3,431.45 3 45.04 3,603.03 4 47.29 3,783.18 4439 ACE ASSISTANT PLANNER 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 3635 CONF ASSOCIATE ACCOUNTANT 0 33.32 2,665.99 1 34.99 2,799.30 2 36.74 2,939.26 3 38.58 3,086.22 4 40.51 3,240.54 6017 WCE ASSOCIATE ENGINEER 0 45.92 3,673.29 1 48.21 3,856.95 2 50.62 4,049.80 3 53.15 4,252.28 4 55.81 4,464.90 6287 WCE ASSOCIATE LAND SURVEYOR 0 45.92 3,673.29 1 48.21 3,856.95 2 50.62 4,049.80 3 53.15 4,252.28 4 55.81 4,464.90 2022/12/06 City Council Post Agenda Page 903 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 7 of 71 4747 WCE ASSOCIATE PLAN CHECK ENGINEER 0 44.74 3,579.29 1 46.98 3,758.26 2 49.33 3,946.18 3 51.79 4,143.48 4 54.38 4,350.66 4437 ACE ASSOCIATE PLANNER 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5123 ACE AUTOMATED FINGERPRINT TECH 0 22.25 1,779.83 1 23.36 1,868.82 2 24.53 1,962.27 3 25.75 2,060.38 4 27.04 2,163.40 3404 MMCF BENEFITS MANAGER 0 53.98 4,318.23 1 56.68 4,534.14 2 59.51 4,760.85 3 62.49 4,998.90 4 65.61 5,248.84 3406 UCHR BENEFITS MANAGER 0 53.98 -- 1 56.68 -- 2 59.51 -- 3 62.49 -- 4 65.61 -- 2222 SM BUDGET AND ANALYSIS MANAGER 0 58.24 4,659.03 1 61.15 4,891.98 2 64.64 5,171.52 3 67.88 5,430.11 4 70.79 5,663.08 4769 MM BUILDING INSPECTION MANAGER 0 51.44 4,115.31 1 54.01 4,321.08 2 56.71 4,537.13 3 59.55 4,763.99 4 62.53 5,002.19 2022/12/06 City Council Post Agenda Page 904 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 8 of 71 4771 ACE BUILDING INSPECTOR I 0 32.00 2,560.32 1 33.60 2,688.34 2 35.28 2,822.76 3 37.05 2,963.90 4 38.90 3,112.09 4770 UCHR BUILDING INSPECTOR I (HOURLY) 0 32.00 -- 1 33.60 -- 2 35.28 -- 3 37.05 -- 4 38.90 -- 4773 ACE BUILDING INSPECTOR II 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 4774 UCHR BUILDING INSPECTOR II (HOURLY) 0 35.20 -- 1 36.96 -- 2 38.81 -- 3 40.75 -- 4 42.79 -- 4775 ACE BUILDING INSPECTOR III 0 38.73 3,098.00 1 40.66 3,252.90 2 42.69 3,415.55 3 44.83 3,586.32 4 47.07 3,765.64 4780 SM BUILDING OFFICIAL/CODE ENF MGR 0 69.77 5,581.43 1 -- -- 2 -- -- 3 -- -- 4 84.80 6,784.28 6412 PROF BUILDING PROJECT MANAGER 0 45.29 3,623.07 1 47.55 3,804.21 2 49.93 3,994.42 3 52.43 4,194.15 4 55.05 4,403.85 2022/12/06 City Council Post Agenda Page 905 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 9 of 71 6402 MM BUILDING SERVICES MANAGER 0 54.40 4,352.12 1 57.12 4,569.71 2 59.98 4,798.19 3 62.98 5,038.11 4 66.13 5,290.02 6669 ACE BUILDING SERVICES SUPERVISOR 0 30.94 2,475.45 1 32.49 2,599.22 2 34.11 2,729.18 3 35.82 2,865.64 4 37.61 3,008.93 4505 ACE BUSINESS LICENSE REPRESENTATIV 0 22.43 1,794.22 1 23.55 1,883.93 2 24.73 1,978.15 3 25.96 2,077.03 4 27.26 2,180.88 6444 ACE CARPENTER 0 27.93 2,234.20 1 29.32 2,345.90 2 30.79 2,463.20 3 32.33 2,586.36 4 33.95 2,715.69 3669 ACE CASHIER 0 18.93 1,514.60 1 19.88 1,590.33 2 20.87 1,669.85 3 21.92 1,753.34 4 23.01 1,841.01 3053 SM CHIEF INFO SEC OFFICER 0 57.14 4,571.14 1 -- -- 2 -- -- 3 -- -- 4 69.45 5,556.25 5001 EXEC CHIEF OF POLICE 0 101.30 8,104.31 1 -- -- 2 117.11 9,368.55 3 -- -- 4 123.14 9,850.88 2022/12/06 City Council Post Agenda Page 906 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 10 of 71 2011 MMUC CHIEF OF STAFF 0 38.61 3,088.60 1 40.54 3,243.04 2 42.56 3,405.17 3 44.69 3,575.43 4 46.93 3,754.21 2729 SM CHIEF SUSTAINABILITY OFFICER 0 66.43 5,314.54 1 -- -- 2 -- -- 3 78.43 6,274.14 4 80.20 6,416.20 2400 CATY CITY ATTORNEY (ELECTED) 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 110.16 8,812.50 2435 CONF CITY ATTY INVESTIGATOR 0 32.98 2,638.19 1 34.63 2,770.10 2 36.36 2,908.60 3 38.18 3,054.03 4 40.08 3,206.74 2201 CCLK CITY CLERK 0 79.68 6,374.76 1 -- -- 2 -- -- 3 -- -- 4 96.81 7,744.82 2221 PROF CITY CLERK ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 2224 UCHR CITY CLERK ANALYST (HOURLY) 0 43.37 -- 1 45.54 -- 2 47.81 -- 3 50.20 -- 4 52.71 -- 2022/12/06 City Council Post Agenda Page 907 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 11 of 71 7007 SM CITY LIBRARIAN 0 62.25 4,979.73 1 65.36 5,228.70 2 68.63 5,490.15 3 72.06 5,764.65 4 75.66 6,052.88 2710 CMGR CITY MANAGER 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 144.23 11,538.55 5429 ACE CIVILIAN BCKGRND INVESTIGATOR 0 28.04 2,243.21 1 29.44 2,355.37 2 30.91 2,473.14 3 32.46 2,596.81 4 34.08 2,726.64 5430 UCHR CIVILIAN BCKGRND INVESTIGATOR 0 28.04 -- 1 29.44 -- 2 30.91 -- 3 32.46 -- 4 34.08 -- 5431 UCHR CIVILIAN POLICE INVESTIGATOR 0 25.79 -- 1 27.08 -- 2 28.43 -- 3 29.85 -- 4 31.35 -- 0241 UCHR CLERICAL AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 4777 ACE CODE ENFORCEMENT OFFICER I 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 2022/12/06 City Council Post Agenda Page 908 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 12 of 71 4778 UCHR CODE ENFORCEMENT OFFICER II 0 30.58 -- 1 32.11 -- 2 33.71 -- 3 35.40 -- 4 37.17 -- 4779 ACE CODE ENFORCEMENT OFFICER II 0 30.58 2,446.31 1 32.11 2,568.64 2 33.71 2,697.07 3 35.40 2,831.92 4 37.17 2,973.52 4789 ACE CODE ENFORCEMENT TECHNICIAN 0 24.17 1,933.84 1 25.38 2,030.54 2 26.65 2,132.07 3 27.98 2,238.68 4 29.38 2,350.60 3683 MM COLLECTIONS SUPERVISOR 0 38.65 3,091.62 1 40.58 3,246.21 2 42.61 3,408.50 3 44.74 3,578.95 4 46.97 3,757.89 2799 PRUC COMM/SPECL EVENTS COORD 0 41.83 3,346.71 1 43.93 3,514.05 2 46.12 3,689.76 3 48.43 3,874.25 4 50.85 4,067.96 2757 ACE COMMUNITY ENGAGEMENT SPEC 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 5141 ACE COMMUNITY SERVICES OFFICER 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 2022/12/06 City Council Post Agenda Page 909 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 13 of 71 5142 UCHR COMMUNITY SERVICES OFFICER 0 23.37 -- 1 24.54 -- 2 25.76 -- 3 27.05 -- 4 28.40 -- 6200 ACE CONSERVATION SPECIALIST I 0 25.27 2,021.74 1 26.54 2,122.84 2 27.86 2,229.00 3 29.26 2,340.42 4 30.72 2,457.45 6202 ACE CONSERVATION SPECIALIST II 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 6427 ACE CONSTRUCTION & REPAIR SUPV 0 39.53 3,162.62 1 41.51 3,320.75 2 43.58 3,486.79 3 45.76 3,661.13 4 48.05 3,844.19 2023 UCHR COUNCIL ASSISTANT 0 22.91 -- 1 24.06 -- 2 25.26 -- 3 26.52 -- 4 27.85 -- 2003 CL COUNCILPERSON 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 29.08 2,326.50 5757 UCHR COVID SITE ASST 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 2022/12/06 City Council Post Agenda Page 910 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 14 of 71 5101 MM CRIME LABORATORY MANAGER 0 50.04 4,003.44 1 52.55 4,203.60 2 55.17 4,413.80 3 57.93 4,634.48 4 60.83 4,866.20 6667 ACE CUSTODIAL SUPERVISOR 0 25.66 2,052.65 1 26.94 2,155.29 2 28.29 2,263.06 3 29.70 2,376.21 4 31.19 2,495.03 6661 ACE CUSTODIAN 0 20.28 1,622.64 1 21.30 1,703.77 2 22.36 1,788.96 3 23.48 1,878.42 4 24.65 1,972.33 6662 UCHR CUSTODIAN 0 20.28 -- 1 21.30 -- 2 22.36 -- 3 23.48 -- 4 24.65 -- 7191 ACE DELIVERY DRIVER 0 19.24 1,539.28 1 20.20 1,616.25 2 21.21 1,697.07 3 22.27 1,781.92 4 23.39 1,871.02 2410 PRUC DEPUTY CITY ATTORNEY I 0 46.31 3,704.71 1 48.62 3,889.93 2 51.06 4,084.43 3 53.61 4,288.65 4 56.29 4,503.09 2408 PRUC DEPUTY CITY ATTORNEY II 0 55.57 4,445.63 1 58.35 4,667.91 2 61.27 4,901.31 3 64.33 5,146.38 4 67.55 5,403.68 2022/12/06 City Council Post Agenda Page 911 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 15 of 71 2411 SM DEPUTY CITY ATTORNEY III 0 69.07 5,525.47 1 72.52 5,801.75 2 76.15 6,091.83 3 79.96 6,396.42 4 83.95 6,716.21 2245 PRUC DEPUTY CITY CLERK I 0 28.64 2,290.89 1 30.07 2,405.43 2 31.57 2,525.70 3 33.15 2,652.00 4 34.81 2,784.58 2243 PRUC DEPUTY CITY CLERK II 0 31.50 2,519.98 1 33.07 2,645.98 2 34.73 2,778.28 3 36.47 2,917.20 4 38.29 3,063.05 2705 EXEC DEPUTY CITY MANAGER 0 103.52 8,281.38 1 -- -- 2 -- -- 3 -- -- 4 114.66 9,172.49 5505 SM DEPUTY FIRE CHIEF 0 74.26 5,940.75 1 -- -- 2 -- -- 3 -- -- 4 90.26 7,221.04 5130 MM DETENTION FACILITY MANAGER (T) 0 50.04 4,003.44 1 52.55 4,203.60 2 55.17 4,413.80 3 57.93 4,634.48 4 60.83 4,866.20 5137 ACE DETENTIONS OFFICER 0 28.04 2,243.21 1 29.44 2,355.37 2 30.91 2,473.14 3 32.46 2,596.81 4 34.08 2,726.64 2022/12/06 City Council Post Agenda Page 912 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 16 of 71 5135 ACE DETENTIONS SUPERVISOR 0 32.25 2,579.70 1 33.86 2,708.68 2 35.55 2,844.12 3 37.33 2,986.33 4 39.20 3,135.64 4718 PROF DEVELOPMENT AUTOMATION SPEC 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 4025 SM DEVELOPMENT PROJECT MGR 0 69.22 5,537.42 1 72.68 5,814.29 2 76.31 6,105.01 3 80.13 6,410.26 4 84.13 6,730.77 4547 MM DEVELOPMENT SERVICES COUNTER M 0 48.27 3,861.95 1 50.69 4,055.04 2 53.22 4,257.81 3 55.88 4,470.69 4 58.68 4,694.22 4540 UCHR DEVELOPMENT SERVICES TECH I 0 23.88 -- 1 25.07 -- 2 26.33 -- 3 27.64 -- 4 29.02 -- 4542 ACE DEVELOPMENT SERVICES TECH I 0 23.88 1,910.23 1 25.07 2,005.73 2 26.33 2,106.01 3 27.64 2,211.32 4 29.02 2,321.89 4541 ACE DEVELOPMENT SERVICES TECH II 0 26.27 2,101.24 1 27.58 2,206.30 2 28.96 2,316.62 3 30.41 2,432.46 4 31.93 2,554.07 2022/12/06 City Council Post Agenda Page 913 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 17 of 71 4544 UCHR DEVELOPMENT SERVICES TECH II 0 26.27 -- 1 27.58 -- 2 28.96 -- 3 30.41 -- 4 31.93 -- 4543 ACE DEVELOPMENT SERVICES TECH III 0 30.21 2,416.43 1 31.72 2,537.25 2 33.30 2,664.12 3 34.97 2,797.32 4 36.71 2,937.18 5245 ACE DIGITAL FORENSICS TECH I 0 25.97 2,077.96 1 27.27 2,181.86 2 28.64 2,290.96 3 30.07 2,405.51 4 31.57 2,525.78 5243 ACE DIGITAL FORENSICS TECH II 0 29.87 2,389.67 1 31.36 2,509.15 2 32.93 2,634.60 3 34.58 2,766.33 4 36.31 2,904.64 5350 EXEC DIR OF ANIMAL SERVICES 0 66.43 5,314.56 1 -- -- 2 -- -- 3 -- -- 4 80.75 6,459.88 7004 EXEC DIR OF COMMUNITY SERVICES 0 81.54 6,523.42 1 85.62 6,849.59 2 89.90 7,192.07 3 94.40 7,551.67 4 99.12 7,929.54 4039 EXEC DIR OF DEVELOPMENT SERVICES 0 85.73 6,858.33 1 98.08 7,846.30 2 -- -- 3 -- -- 4 104.22 8,337.45 2022/12/06 City Council Post Agenda Page 914 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 18 of 71 2734 EXEC DIR OF ECONOMIC DEVELOPMENT 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 6006 EXEC DIR OF ENGINEERING/CITY ENG 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 3601 EXEC DIR OF FINANCE 0 85.74 6,859.24 1 -- -- 2 -- -- 3 101.51 8,121.16 4 104.22 8,337.45 4301 EXEC DIR OF HOUSING & HOMELESS SVS 0 66.43 5,314.56 1 -- -- 2 -- -- 3 -- -- 4 80.75 6,459.88 3300 EXEC DIR OF HUMAN RESOURCES/RISK MG 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 3001 EXEC DIR OF INFO TECH SERVICES 0 81.54 6,523.42 1 -- -- 2 89.90 7,192.07 3 -- -- 4 99.12 7,929.54 6320 EXEC DIR OF PUBLIC WORKS 0 85.74 6,859.24 1 -- -- 2 -- -- 3 96.74 7,739.47 4 104.22 8,337.45 2022/12/06 City Council Post Agenda Page 915 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 19 of 71 2747 ACE ECONOMIC DEVELOPMENT SPEC I 0 30.54 2,443.06 1 32.07 2,565.22 2 33.67 2,693.48 3 35.35 2,828.15 4 37.12 2,969.56 2749 ACE ECONOMIC DEVELOPMENT SPEC II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 6438 ACE ELECTRICIAN 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 6492 ACE ELECTRONIC/EQUIPMENT INSTALLER 0 27.18 2,174.00 1 28.53 2,282.69 2 29.96 2,396.83 3 31.46 2,516.67 4 33.03 2,642.50 6475 ACE ELECTRONICS TECHNICIAN 0 32.88 2,630.53 1 34.53 2,762.06 2 36.25 2,900.17 3 38.06 3,045.17 4 39.97 3,197.42 6472 ACE ELECTRONICS TECHNICIAN SUPV 0 37.81 3,025.12 1 39.70 3,176.37 2 41.69 3,335.19 3 43.77 3,501.95 4 45.96 3,677.04 5560 SM EMERGENCY SERVICES MGR 0 49.72 3,977.42 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 2022/12/06 City Council Post Agenda Page 916 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 20 of 71 5557 PROF EMS EDUCATOR 0 43.96 3,516.47 1 46.15 3,692.29 2 48.46 3,876.92 3 50.88 4,070.76 4 53.43 4,274.29 5567 PROF EMS NURSE COORDINATOR 0 52.75 4,219.77 1 55.38 4,430.74 2 58.15 4,652.29 3 61.06 4,884.90 4 64.11 5,129.14 5657 NIAF EMT (NON-SAFETY) 0 15.60 1 16.38 2 17.20 3 18.06 4 18.96 5658 UCHR EMT (NON-SAFETY) 0 15.60 -- 1 16.38 -- 2 17.20 -- 3 18.06 -- 4 18.96 -- 6081 ACE ENGINEERING TECHNICIAN I 0 27.83 2,226.37 1 29.22 2,337.69 2 30.68 2,454.57 3 32.22 2,577.31 4 33.83 2,706.18 6071 ACE ENGINEERING TECHNICIAN II 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 6129 ACE ENVIRONMENTAL HEALTH SPEC 0 36.81 2,944.40 1 38.65 3,091.62 2 40.58 3,246.20 3 42.61 3,408.49 4 44.74 3,578.94 2022/12/06 City Council Post Agenda Page 917 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 21 of 71 6205 MM ENVIRONMENTAL SERVICES MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 6207 MM ENVIRONMENTAL SUSTNBILITY MGR 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 6505 MM EQUIPMENT MAINTENANCE MANAGER 0 41.30 3,304.25 1 43.37 3,469.46 2 45.54 3,642.94 3 47.81 3,825.09 4 50.20 4,016.34 6542 ACE EQUIPMENT MECHANIC 0 28.76 2,300.58 1 30.20 2,415.62 2 31.70 2,536.39 3 33.29 2,663.21 4 34.95 2,796.37 6544 UCHR EQUIPMENT MECHANIC 0 28.76 -- 1 30.20 -- 2 31.71 -- 3 33.29 -- 4 34.95 -- 6361 ACE EQUIPMENT OPERATOR 0 29.45 2,356.09 1 30.92 2,473.89 2 32.47 2,597.58 3 34.09 2,727.46 4 35.80 2,863.83 0187 CONF EXECUTIVE SECRETARY 0 33.54 2,682.89 1 35.21 2,817.03 2 36.97 2,957.87 3 38.82 3,105.77 4 40.76 3,261.05 2022/12/06 City Council Post Agenda Page 918 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 22 of 71 5270 CONF FA ACCOUNTING TECHNICIAN 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 5297 CONF FA ADMINSTRATIVE ANALYST I 0 31.16 2,492.93 1 32.72 2,617.60 2 34.36 2,748.45 3 36.07 2,885.88 4 37.88 3,030.17 5296 CONF FA ADMINSTRATIVE ANALYST II 0 34.28 2,742.22 1 35.99 2,879.33 2 37.79 3,023.30 3 39.68 3,174.48 4 41.66 3,333.19 5277 CONF FA ANALYST 0 23.81 1,905.01 1 25.00 2,000.26 2 26.25 2,100.28 3 27.57 2,205.29 4 28.94 2,315.56 5455 MMUC FA CYBER SECURITY PROG MGR 0 46.54 3,723.28 1 48.87 3,909.43 2 51.31 4,104.90 3 53.88 4,310.14 4 56.57 4,525.65 5465 SM FA DEPUTY DIRECTOR OF LECC 0 51.27 4,101.82 1 53.84 4,306.91 2 56.53 4,522.26 3 59.35 4,748.36 4 62.32 4,985.80 5463 SM FA DEPUTY EXECUTIVE DIRECTOR 0 56.30 4,504.17 1 -- -- 2 -- -- 3 -- -- 4 68.44 5,474.85 2022/12/06 City Council Post Agenda Page 919 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 23 of 71 5274 SM FA DIRECTOR OF SD LECC 0 66.23 5,298.14 1 -- -- 2 -- -- 3 -- -- 4 80.50 6,439.92 5286 CONF FA EXECUTIVE ASSISTANT 0 30.51 2,440.67 1 32.03 2,562.71 2 33.64 2,690.85 3 35.32 2,825.38 4 37.08 2,966.66 5461 EXEC FA EXECUTIVE DIRECTOR 0 60.19 4,815.34 1 -- -- 2 -- -- 3 -- -- 4 73.16 5,853.08 5493 MMUC FA FINANCE MANAGER 0 51.13 4,090.76 1 53.69 4,295.29 2 56.38 4,510.05 3 59.19 4,735.55 4 62.15 4,972.34 5439 PRUC FA GEOSPATIAL INTEL ANALYST 0 44.38 3,550.45 1 46.60 3,727.98 2 48.93 3,914.38 3 51.38 4,110.10 4 53.95 4,315.60 5289 CONF FA GRAPHIC DESIGNER/WEBMASTER 0 35.46 2,836.61 1 37.23 2,978.45 2 39.09 3,127.38 3 41.05 3,283.74 4 43.10 3,447.94 5453 MMUC FA INFO SYSTEMS PROGRAM MGR 0 51.77 4,141.63 1 54.36 4,348.71 2 57.08 4,566.12 3 59.93 4,794.44 4 62.93 5,034.17 2022/12/06 City Council Post Agenda Page 920 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 24 of 71 5485 CONF FA INTEL ANLYT 0 32.23 2,578.74 1 33.85 2,707.68 2 35.54 2,843.07 3 37.32 2,985.21 4 39.18 3,134.49 5491 SM FA IVDC-LECC EXEC DIRECTOR 0 57.48 4,598.46 1 60.35 4,828.39 2 63.37 5,069.80 3 66.54 5,323.30 4 69.87 5,589.46 5440 MMUC FA LECC INFO TECH MANAGER 0 47.34 3,787.15 1 49.71 3,976.50 2 52.19 4,175.34 3 54.80 4,384.09 4 57.54 4,603.30 5278 CONF FA MANAGEMENT ASSISTANT 0 29.06 2,324.46 1 30.51 2,440.67 2 32.03 2,562.72 3 33.64 2,690.86 4 35.32 2,825.39 5443 PRUC FA MICROCOMPUTER SPECIALIST 0 38.49 3,079.20 1 40.41 3,233.15 2 42.44 3,394.80 3 44.56 3,564.55 4 46.78 3,742.77 5292 PRUC FA NETWORK ADMINISTRATOR I 0 38.74 3,098.84 1 40.67 3,253.79 2 42.71 3,416.48 3 44.84 3,587.30 4 47.08 3,766.68 5294 PRUC FA NETWORK ADMINISTRATOR II 0 42.61 3,408.74 1 44.74 3,579.18 2 46.98 3,758.14 3 49.33 3,946.05 4 51.79 4,143.35 2022/12/06 City Council Post Agenda Page 921 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 25 of 71 5457 PRUC FA NETWORK ADMINISTRATOR III 0 44.88 3,590.29 1 47.12 3,769.81 2 49.48 3,958.28 3 51.95 4,156.20 4 54.55 4,364.02 5444 PRUC FA PROGRAM ANALYST 0 45.92 3,673.56 1 48.22 3,857.24 2 50.63 4,050.11 3 53.16 4,252.61 4 55.82 4,465.25 5451 CONF FA PROGRAM ASSISTANT 0 23.21 1,856.81 1 24.37 1,949.64 2 25.59 2,047.14 3 26.87 2,149.50 4 28.21 2,256.96 5452 PRUC FA PROGRAM ASSISTANT SUPV 0 33.40 2,671.81 1 35.07 2,805.40 2 36.82 2,945.67 3 38.66 3,092.96 4 40.59 3,247.59 5445 SM FA PROGRAM MANAGER 0 51.27 4,101.82 1 53.91 4,312.51 2 56.53 4,522.26 3 59.35 4,748.36 4 62.32 4,985.80 5497 MMUC FA PUBLIC-PRVT PART EXER MGR 0 48.15 3,851.67 1 50.55 4,044.25 2 53.08 4,246.45 3 55.73 4,458.79 4 58.52 4,681.73 5284 CONF FA RCFL NETWORK ENGINEER 0 37.41 2,992.56 1 39.28 3,142.18 2 41.24 3,299.30 3 43.30 3,464.26 4 45.47 3,637.47 2022/12/06 City Council Post Agenda Page 922 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 26 of 71 5495 PRUC FA SENIOR FINANCIAL ANALYST 0 35.98 2,878.77 1 37.78 3,022.70 2 39.67 3,173.85 3 41.66 3,332.53 4 43.74 3,499.16 5483 PRUC FA SENIOR INTELLIGENCE ANALYST 0 37.90 3,031.63 1 39.79 3,183.23 2 41.78 3,342.39 3 43.87 3,509.50 4 46.06 3,684.97 5454 CONF FA SENIOR PROGRAM ASSISTANT 0 27.61 2,209.13 1 28.99 2,319.58 2 30.44 2,435.57 3 31.97 2,557.35 4 33.57 2,685.22 5477 CONF FA SENIOR SECRETARY 0 23.88 1,910.12 1 25.07 2,005.63 2 26.32 2,105.90 3 27.64 2,211.21 4 29.02 2,321.76 5489 PRUC FA SUP INTEL ANALYST I 0 41.69 3,334.81 1 43.77 3,501.55 2 45.96 3,676.62 3 48.26 3,860.46 4 50.67 4,053.48 5487 PRUC FA SUP INTEL ANALYST II 0 47.94 3,835.03 1 50.33 4,026.78 2 52.85 4,228.12 3 55.49 4,439.53 4 58.27 4,661.50 4051 SM FAC FINANCE MANAGER 0 49.72 3,977.41 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 2022/12/06 City Council Post Agenda Page 923 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 27 of 71 6425 MM FACILITIES MANAGER 0 47.04 3,763.50 1 49.40 3,951.67 2 51.87 4,149.26 3 54.46 4,356.73 4 57.18 4,574.57 7471 ACE FIELD MAINTENANCE SPECIALIST 0 22.46 1,796.83 1 23.58 1,886.67 2 24.76 1,981.00 3 26.00 2,080.06 4 27.30 2,184.06 3623 SM FINANCE MGR 0 56.57 4,525.50 1 -- -- 2 -- -- 3 -- -- 4 68.76 5,500.78 3624 SM FINANCE MGR (CPA) 0 62.23 4,978.05 1 -- -- 2 69.33 5,546.16 3 -- -- 4 75.64 6,050.86 3622 UCHR FINANCE MGR CPA (HOURLY) 0 62.23 -- 1 -- -- 2 69.33 -- 3 -- -- 4 75.64 -- 6521 ACE FIRE APPARATUS MECHANIC (T) 0 34.39 2,751.50 1 36.11 2,889.07 2 37.92 3,033.53 3 39.82 3,185.21 4 41.81 3,344.47 5511 IAFF FIRE BATTALION CHIEF - A 0 41.63 4,662.44 1 43.71 4,895.58 2 45.90 5,140.35 3 48.19 5,397.37 4 50.60 5,667.23 2022/12/06 City Council Post Agenda Page 924 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 28 of 71 5513 IAFF FIRE BATTALION CHIEF - C 0 58.28 4,662.44 1 61.19 4,895.57 2 64.25 5,140.35 3 67.47 5,397.36 4 70.84 5,667.23 5583 IAFF FIRE CAPTAIN - A 0 33.61 3,764.52 1 35.29 3,952.74 2 37.06 4,150.38 3 38.91 4,357.90 4 40.86 4,575.78 5582 IAFF FIRE CAPTAIN - B 0 44.82 3,764.52 1 47.06 3,952.73 2 49.41 4,150.37 3 51.88 4,357.89 4 54.47 4,575.78 5581 IAFF FIRE CAPTAIN - C 0 47.06 3,764.52 1 49.41 3,952.73 2 51.88 4,150.37 3 54.47 4,357.89 4 57.20 4,575.78 5501 EXEC FIRE CHIEF 0 92.50 7,399.82 1 -- -- 2 109.64 8,771.27 3 -- -- 4 112.43 8,994.11 5507 MMUC FIRE DIVISION CHIEF 0 66.76 5,340.63 1 70.10 5,607.65 2 73.60 5,888.04 3 77.28 6,182.43 4 81.14 6,491.56 5603 IAFF FIRE ENGINEER - A 0 29.20 3,269.91 1 30.66 3,433.40 2 32.19 3,605.08 3 33.80 3,785.33 4 35.49 3,974.59 2022/12/06 City Council Post Agenda Page 925 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 29 of 71 5601 IAFF FIRE ENGINEER - C 0 40.87 3,269.92 1 42.92 3,433.40 2 45.06 3,605.08 3 47.32 3,785.33 4 49.68 3,974.60 5536 UCHR FIRE INSPECTOR 0 33.73 -- 1 35.42 -- 2 37.19 -- 3 39.05 -- 4 41.00 -- 5530 IAFF FIRE INSPECTOR/INVESTIGATOR I 0 33.73 2,698.75 1 35.42 2,833.69 2 37.19 2,975.38 3 39.05 3,124.15 4 41.00 3,280.36 5534 UCHR FIRE INSPECTOR/INVESTIGATOR I 0 33.73 -- 1 35.42 -- 2 37.19 -- 3 39.05 -- 4 41.00 -- 5531 IAFF FIRE INSPECTOR/INVESTIGATOR II 0 37.11 2,968.62 1 38.96 3,117.05 2 40.91 3,272.90 3 42.96 3,436.54 4 45.10 3,608.37 5532 UCHR FIRE INSPECTOR/INVESTIGATOR II 0 37.11 -- 1 38.96 -- 2 40.91 -- 3 42.96 -- 4 45.10 -- 5555 ACE FIRE INVENTORY SPECIALIST 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 2022/12/06 City Council Post Agenda Page 926 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 30 of 71 5533 UCHR FIRE PREVENTION AIDE 0 15.57 -- 1 16.34 -- 2 17.16 -- 3 18.02 -- 4 18.92 -- 5528 IAFF FIRE PREVENTION ENG/INVSTGTR 0 44.76 3,580.51 1 46.99 3,759.54 2 49.34 3,947.51 3 51.81 4,144.89 4 54.40 4,352.13 5537 ACE FIRE PREVENTION SPECIALIST 0 26.27 2,101.24 1 27.58 2,206.30 2 28.96 2,316.62 3 30.41 2,432.46 4 32.00 2,560.19 5625 ACE FIRE RECRUIT 0 24.99 1,998.81 1 26.23 2,098.75 2 27.55 2,203.69 3 28.92 2,313.87 4 30.37 2,429.57 5623 IAFF FIREFIGHTER - A 0 24.21 2,712.04 1 25.43 2,847.64 2 26.70 2,990.02 3 28.03 3,139.53 4 29.43 3,296.48 5621 IAFF FIREFIGHTER - C 0 33.90 2,712.04 1 35.60 2,847.64 2 37.38 2,990.02 3 39.24 3,139.52 4 41.21 3,296.50 5613 IAFF FIREFIGHTER/PARAMEDIC - A 0 27.85 3,118.84 1 29.24 3,274.79 2 30.70 3,438.53 3 32.24 3,610.45 4 33.85 3,790.96 2022/12/06 City Council Post Agenda Page 927 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 31 of 71 5612 IAFF FIREFIGHTER/PARAMEDIC - B 0 37.13 3,118.84 1 38.99 3,274.79 2 40.93 3,438.53 3 42.98 3,610.44 4 45.13 3,790.98 5611 IAFF FIREFIGHTER/PARAMEDIC - C 0 38.99 3,118.85 1 40.93 3,274.79 2 42.98 3,438.53 3 45.13 3,610.44 4 47.39 3,790.98 0216 PRCF FISCAL AND MANAGEMENT ANALYST 0 50.09 4,007.22 1 52.59 4,207.58 2 55.22 4,417.96 3 57.99 4,638.86 4 60.89 4,870.81 3627 MMCF FISCAL DEBT MGMT ANALYST 0 50.09 4,007.22 1 52.59 4,207.58 2 55.22 4,417.96 3 57.99 4,638.86 4 60.89 4,870.81 0169 ACE FISCAL OFFICE SPECIALIST 0 20.72 1,657.55 1 21.76 1,740.44 2 22.84 1,827.45 3 23.99 1,918.81 4 25.18 2,014.76 0170 UCHR FISCAL OFFICE SPECIALIST 0 20.72 -- 1 21.76 -- 2 22.84 -- 3 23.99 -- 4 25.18 -- 6513 ACE FLEET INVENTORY CONTROL SPEC 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 2022/12/06 City Council Post Agenda Page 928 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 32 of 71 6501 MM FLEET MANAGER 0 45.88 3,670.67 1 48.18 3,854.20 2 50.59 4,046.91 3 53.12 4,249.26 4 55.77 4,461.71 6507 ACE FLEET SUPERVISOR 0 37.00 2,960.05 1 38.85 3,108.05 2 40.79 3,263.46 3 42.83 3,426.63 4 44.97 3,597.96 5114 ACE FORENSICS SPECIALIST 0 32.86 2,628.62 1 34.50 2,760.05 2 36.23 2,898.09 3 38.04 3,042.97 4 39.94 3,195.12 6629 UCHR GARDENER (SEASONAL) 0 18.19 -- 1 19.10 -- 2 20.06 -- 3 21.06 -- 4 22.11 -- 3075 ACE GIS ANALYST 0 33.42 2,673.78 1 35.09 2,807.47 2 36.85 2,947.84 3 38.69 3,095.23 4 40.63 3,250.00 3079 MM GIS MANAGER 0 48.44 3,875.16 1 50.86 4,068.92 2 53.40 4,272.36 3 56.07 4,485.98 4 58.88 4,710.29 3077 ACE GIS TECHNICIAN 0 28.48 2,278.26 1 29.90 2,392.17 2 31.40 2,511.78 3 32.97 2,637.37 4 34.62 2,769.24 2022/12/06 City Council Post Agenda Page 929 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 33 of 71 2775 ACE GRAPHIC DESIGNER 0 29.31 2,344.98 1 30.78 2,462.22 2 32.32 2,585.33 3 33.93 2,714.61 4 35.63 2,850.32 4321 MM HOMELESS SERVICES MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 4311 MM HOUSING MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 3310 PRCF HUMAN RESOURCES ANALYST 0 36.85 2,948.03 1 38.69 3,095.43 2 40.63 3,250.21 3 42.66 3,412.72 4 44.79 3,583.35 3312 UCHR HUMAN RESOURCES ANALYST 0 36.85 -- 1 38.69 -- 2 40.63 -- 3 42.66 -- 4 44.79 -- 3331 SM HUMAN RESOURCES MANAGER 0 60.21 4,817.18 1 -- -- 2 -- -- 3 -- -- 4 73.19 5,855.08 3332 UCHR HUMAN RESOURCES MANAGER 0 60.21 -- 1 -- -- 2 -- -- 3 -- -- 4 73.19 -- 2022/12/06 City Council Post Agenda Page 930 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 34 of 71 3314 UCHR HUMAN RESOURCES TECHNICIAN 0 26.69 -- 1 28.02 -- 2 29.42 -- 3 30.89 -- 4 32.44 -- 3315 CONF HUMAN RESOURCES TECHNICIAN 0 26.69 2,135.03 1 28.02 2,241.79 2 29.42 2,353.87 3 30.89 2,471.56 4 32.44 2,595.15 6430 ACE HVAC TECHNICIAN 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 5104 SM INFO TECHNOLOGY MANAGER 0 57.88 4,630.03 1 -- -- 2 62.69 5,015.54 3 -- -- 4 69.45 5,556.25 3033 SM INFO TECHNOLOGY PROJ MANAGER 0 56.92 4,553.28 1 -- -- 2 -- -- 3 -- -- 4 69.18 5,534.54 3055 PROF INFO TECHNOLOGY SEC ANALYST 0 48.57 3,885.47 1 51.00 4,079.73 2 53.55 4,283.72 3 56.22 4,497.90 4 59.04 4,722.80 3014 PROF INFO TECHNOLOGY SPECIALIST (T) 0 38.49 3,079.21 1 40.41 3,233.16 2 42.44 3,394.82 3 44.56 3,564.56 4 46.78 3,742.79 2022/12/06 City Council Post Agenda Page 931 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 35 of 71 3017 ACE INFO TECHNOLOGY TECHNICIAN 0 28.76 2,300.58 1 30.20 2,415.62 2 31.70 2,536.39 3 33.29 2,663.21 4 34.95 2,796.37 3018 UCHR INFO TECHNOLOGY TECHNICIAN 0 28.76 -- 1 30.20 -- 2 31.71 -- 3 33.29 -- 4 34.95 -- 0269 UCHR INTERN - GRADUATE 0 17.05 -- 1 17.90 -- 2 18.80 -- 3 19.74 -- 4 20.72 -- 0267 UCHR INTERN - UNDERGRADUATE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 4480 PROF LANDSCAPE ARCHITECT 0 41.94 3,355.21 1 44.04 3,522.97 2 46.24 3,699.12 3 48.55 3,884.07 4 50.98 4,078.28 6291 ACE LANDSCAPE INSPECTOR 0 35.20 2,816.37 1 36.96 2,957.19 2 38.81 3,105.05 3 40.75 3,260.31 4 42.79 3,423.32 4482 ACE LANDSCAPE PLANNER I 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 2022/12/06 City Council Post Agenda Page 932 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 36 of 71 4483 ACE LANDSCAPE PLANNER II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5111 ACE LATENT PRINT EXAMINER 0 37.79 3,022.93 1 39.68 3,174.09 2 41.66 3,332.78 3 43.74 3,499.43 4 45.93 3,674.38 5112 UCHR LATENT PRINT EXAMINER 0 37.79 -- 1 39.68 -- 2 41.66 -- 3 43.74 -- 4 45.93 -- 2465 MMUC LAW OFFICE MANAGER 0 38.56 3,085.14 1 40.49 3,239.41 2 42.52 3,401.37 3 44.64 3,571.46 4 46.88 3,750.03 6663 ACE LEAD CUSTODIAN 0 22.31 1,784.92 1 23.43 1,874.16 2 24.60 1,967.88 3 25.83 2,066.27 4 27.12 2,169.58 0183 CONF LEGAL ASSISTANT 0 27.99 2,239.22 1 29.39 2,351.18 2 30.86 2,468.75 3 32.40 2,592.17 4 34.02 2,721.78 7075 ACE LIBRARIAN I 0 28.21 2,256.69 1 29.62 2,369.52 2 31.10 2,488.00 3 32.66 2,612.40 4 34.29 2,743.02 2022/12/06 City Council Post Agenda Page 933 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 37 of 71 7076 UCHR LIBRARIAN I 0 28.21 -- 1 29.62 -- 2 31.10 -- 3 32.66 -- 4 34.29 -- 7073 ACE LIBRARIAN II 0 31.03 2,482.35 1 32.58 2,606.48 2 34.21 2,736.80 3 35.92 2,873.64 4 37.72 3,017.32 7074 UCHR LIBRARIAN II 0 31.03 -- 1 32.58 -- 2 34.21 -- 3 35.92 -- 4 37.72 -- 7071 ACE LIBRARIAN III 0 34.13 2,730.59 1 35.84 2,867.13 2 37.63 3,010.48 3 39.51 3,161.00 4 41.49 3,319.06 7181 UCHR LIBRARY AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 7157 ACE LIBRARY ASSISTANT 0 19.12 1,529.28 1 20.07 1,605.76 2 21.08 1,686.03 3 22.13 1,770.33 4 23.24 1,858.86 7091 ACE LIBRARY ASSOCIATE 0 24.16 1,932.84 1 25.37 2,029.48 2 26.64 2,130.96 3 27.97 2,237.51 4 29.37 2,349.40 2022/12/06 City Council Post Agenda Page 934 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 38 of 71 7092 UCHR LIBRARY ASSOCIATE 0 24.16 -- 1 25.37 -- 2 26.64 -- 3 27.97 -- 4 29.37 -- 7025 MM LIBRARY DIGITAL SERVICES MGR 0 45.59 3,647.58 1 47.87 3,829.95 2 50.27 4,021.44 3 52.78 4,222.52 4 55.42 4,433.65 7029 MM LIBRARY OPERATIONS MANAGER 0 52.46 4,196.60 1 55.08 4,406.44 2 57.83 4,626.75 3 60.73 4,858.09 4 63.76 5,100.99 7121 ACE LIBRARY TECHNICIAN 0 21.98 1,758.68 1 23.08 1,846.62 2 24.24 1,938.96 3 25.45 2,035.90 4 26.72 2,137.69 7587 UCHR LIFEGUARD I 0 16.27 -- 1 17.09 -- 2 17.94 -- 3 18.84 -- 4 19.78 -- 7585 UCHR LIFEGUARD II 0 17.90 -- 1 18.80 -- 2 19.74 -- 3 20.72 -- 4 21.76 -- 6443 ACE LOCKSMITH 0 27.93 2,234.20 1 29.32 2,345.90 2 30.79 2,463.20 3 32.33 2,586.36 4 33.95 2,715.69 2022/12/06 City Council Post Agenda Page 935 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 39 of 71 6377 ACE MAINTENANCE WORKER I 0 20.99 1,679.22 1 22.04 1,763.18 2 23.14 1,851.34 3 24.30 1,943.91 4 25.51 2,041.10 6379 UCHR MAINTENANCE WORKER I 0 20.99 -- 1 22.04 -- 2 23.14 -- 3 24.30 -- 4 25.51 -- 6373 ACE MAINTENANCE WORKER II 0 23.09 1,847.14 1 24.24 1,939.50 2 25.46 2,036.47 3 26.73 2,138.30 4 28.07 2,245.21 0228 CONF MANAGEMENT ANALYST I 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 0229 ACE MANAGEMENT ANALYST I 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 0224 CONF MANAGEMENT ANALYST II 0 34.93 2,794.12 1 36.67 2,933.83 2 38.51 3,080.50 3 40.43 3,234.53 4 42.45 3,396.25 0227 ACE MANAGEMENT ANALYST II 0 34.93 2,794.12 1 36.67 2,933.83 2 38.51 3,080.50 3 40.43 3,234.53 4 42.45 3,396.25 2022/12/06 City Council Post Agenda Page 936 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 40 of 71 2781 SM MARKETING & COMMUNICATIONS MGR 0 60.41 4,832.76 1 -- -- 2 62.11 4,969.08 3 -- -- 4 73.43 5,874.25 2001 MY MAYOR 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 72.70 5,816.25 6550 ACE MECHANIC ASSISTANT 0 22.53 1,802.27 1 23.65 1,892.38 2 24.84 1,987.00 3 26.08 2,086.35 4 27.38 2,190.66 0238 CONF MGMT ANALYST I (CM'S OFFICE) 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 5571 PROF MULTIMEDIA DESIGNER 0 34.59 2,766.88 1 36.32 2,905.23 2 38.13 3,050.49 3 40.04 3,203.01 4 42.04 3,363.16 5569 ACE MULTIMEDIA PRODUCTON SPCLST 0 28.22 2,257.24 1 29.63 2,370.10 2 31.11 2,488.61 3 32.66 2,613.04 4 34.30 2,743.69 0160 UCHR OFFICE SPECIALIST 0 19.73 -- 1 20.72 -- 2 21.76 -- 3 22.84 -- 4 23.98 -- 2022/12/06 City Council Post Agenda Page 937 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 41 of 71 0161 ACE OFFICE SPECIALIST 0 19.73 1,578.59 1 20.72 1,657.52 2 21.76 1,740.41 3 22.84 1,827.42 4 23.98 1,918.78 0162 ACE OFFICE SPECIALIST-MAYOR 0 19.73 1,578.59 1 20.72 1,657.52 2 21.76 1,740.41 3 22.84 1,827.42 4 23.98 1,918.78 6311 ACE OPEN SPACE INSPECTOR 0 35.20 2,816.37 1 36.96 2,957.19 2 38.81 3,105.05 3 40.75 3,260.31 4 42.79 3,423.32 6302 MM OPEN SPACE MANAGER 0 44.47 3,557.98 1 46.70 3,735.88 2 49.03 3,922.68 3 51.49 4,118.81 4 54.06 4,324.76 3025 MM OPERATIONS AND TELECOMM MGR 0 48.44 3,875.16 1 50.86 4,068.92 2 53.40 4,272.36 3 56.07 4,485.98 4 58.88 4,710.29 6434 ACE PAINTER 0 26.66 2,132.66 1 27.99 2,239.28 2 29.39 2,351.24 3 30.86 2,468.82 4 32.40 2,592.25 2475 CONF PARALEGAL 0 30.04 2,403.02 1 31.54 2,523.16 2 33.12 2,649.33 3 34.77 2,781.80 4 36.51 2,920.88 2022/12/06 City Council Post Agenda Page 938 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 42 of 71 2476 UCHR PARALEGAL 0 30.04 -- 1 31.54 -- 2 33.12 -- 3 34.77 -- 4 36.51 -- 5655 NIAF PARAMEDIC (NON-SAFETY) 0 18.72 1 19.66 2 20.64 3 21.67 4 22.75 5656 UCHR PARAMEDIC (NS/HRLY) 0 18.72 -- 1 19.66 -- 2 20.64 -- 3 21.67 -- 4 22.75 -- 7434 UCHR PARK RANGER 0 16.12 -- 1 16.93 -- 2 17.78 -- 3 18.67 -- 4 19.60 -- 7431 PROF PARK RANGER PROGRAM MANAGER 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 7441 ACE PARK RANGER SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 5152 UCHR PARKING ENFORCEMENT OFFICER 0 21.24 -- 1 22.30 -- 2 23.42 -- 3 24.59 -- 4 25.82 -- 2022/12/06 City Council Post Agenda Page 939 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 43 of 71 5154 ACE PARKING ENFORCEMENT OFFICER 0 21.24 1,699.41 1 22.30 1,784.38 2 23.42 1,873.60 3 24.59 1,967.27 4 25.82 2,065.64 3693 ACE PARKING METER TECHNICIAN 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 7407 SM PARKS & RECREATION ADM 0 60.46 4,837.00 1 63.49 5,078.84 2 66.66 5,332.79 3 69.99 5,599.42 4 73.49 5,879.39 6619 ACE PARKS MAINT WORKER I 0 21.02 1,681.52 1 22.07 1,765.59 2 23.17 1,853.87 3 24.33 1,946.57 4 25.55 2,043.90 6617 ACE PARKS MAINT WORKER II 0 23.12 1,849.67 1 24.28 1,942.15 2 25.49 2,039.27 3 26.77 2,141.22 4 28.10 2,248.28 6604 MM PARKS MANAGER 0 44.48 3,558.24 1 46.70 3,736.15 2 49.04 3,922.95 3 51.49 4,119.10 4 54.06 4,325.04 6605 ACE PARKS SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 2022/12/06 City Council Post Agenda Page 940 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 44 of 71 3665 CONF PAYROLL SPECIALIST 0 28.16 2,252.44 1 29.56 2,365.06 2 31.04 2,483.31 3 32.59 2,607.48 4 34.22 2,737.85 3663 CONF PAYROLL SUPERVISOR 0 33.32 2,665.99 1 34.99 2,799.30 2 36.74 2,939.26 3 38.58 3,086.22 4 40.51 3,240.54 5061 POA PEACE OFFICER 0 42.17 3,373.65 1 44.28 3,542.32 2 46.49 3,719.44 3 48.82 3,905.41 4 51.26 4,100.68 4731 MM PLAN CHECK SUPERVISOR 0 51.37 4,109.43 1 53.94 4,314.89 2 56.63 4,530.64 3 59.46 4,757.17 4 62.44 4,995.01 4753 ACE PLAN CHECK TECHNICIAN 0 30.61 2,449.02 1 32.14 2,571.47 2 33.75 2,700.04 3 35.44 2,835.05 4 37.21 2,976.80 4727 SM PLANNING MANAGER 0 63.92 5,113.63 1 -- -- 2 68.97 5,517.68 3 72.42 5,793.56 4 77.11 6,169.01 4527 ACE PLANNING TECHNICIAN 0 25.15 2,012.24 1 26.41 2,112.83 2 27.73 2,218.47 3 29.12 2,329.40 4 30.57 2,445.87 2022/12/06 City Council Post Agenda Page 941 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 45 of 71 6432 ACE PLUMBER 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 5025 SM POLICE ADMIN SVCS ADMINISTRATR 0 58.71 4,696.90 1 -- -- 2 -- -- 3 -- -- 4 71.36 5,708.92 5051 POA POLICE AGENT 0 46.44 3,714.92 1 48.76 3,900.67 2 51.20 4,095.70 3 53.76 4,300.47 4 56.44 4,515.49 5022 SM POLICE CAPTAIN 0 80.90 6,472.10 1 -- -- 2 -- -- 3 -- -- 4 98.33 7,866.56 5258 ACE POLICE COMM RELATIONS SPEC 0 26.87 2,149.75 1 28.22 2,257.24 2 29.63 2,370.10 3 31.11 2,488.61 4 32.66 2,613.04 5185 MM POLICE COMMUNICATIONS SYS MGR 0 48.72 3,897.87 1 51.16 4,092.76 2 53.72 4,297.40 3 56.40 4,512.27 4 59.22 4,737.88 5187 UCHR POLICE DISPATCH CALLTAKER 0 20.66 -- 1 21.69 -- 2 22.78 -- 3 23.92 -- 4 25.11 -- 2022/12/06 City Council Post Agenda Page 942 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 46 of 71 5180 UCHR POLICE DISPATCHER 0 29.72 -- 1 31.21 -- 2 32.77 -- 3 34.41 -- 4 36.13 -- 5181 ACE POLICE DISPATCHER 0 29.72 2,377.95 1 31.21 2,496.85 2 32.77 2,621.69 3 34.41 2,752.77 4 36.13 2,890.40 5183 ACE POLICE DISPATCHER SUPERVISOR 0 34.59 2,767.24 1 36.32 2,905.60 2 38.14 3,050.88 3 40.04 3,203.43 4 42.05 3,363.60 5179 ACE POLICE DISPATCHER TRAINEE 0 27.02 2,161.77 1 28.37 2,269.86 2 29.79 2,383.35 3 31.28 2,502.52 4 32.85 2,627.64 5191 ACE POLICE FACILITY & SUPPLY COORD 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 5031 POA POLICE LIEUTENANT 0 64.10 5,128.31 1 67.31 5,384.72 2 70.67 5,653.96 3 74.21 5,936.67 4 77.92 6,233.50 5203 ACE POLICE RECORDS & SUPPORT SUPV 0 26.60 2,127.95 1 27.93 2,234.35 2 29.33 2,346.07 3 30.79 2,463.37 4 32.33 2,586.54 2022/12/06 City Council Post Agenda Page 943 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 47 of 71 0165 ACE POLICE RECORDS SPECIALIST 0 20.11 1,609.04 1 21.12 1,689.49 2 22.17 1,773.96 3 23.28 1,862.66 4 24.45 1,955.80 0166 UCHR POLICE RECORDS SPECIALIST 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.45 -- 5071 ACE POLICE RECRUIT 0 31.93 2,554.55 1 33.53 2,682.26 2 35.20 2,816.37 3 36.96 2,957.19 4 38.81 3,105.05 5041 POA POLICE SERGEANT 0 53.42 4,273.27 1 56.09 4,486.94 2 58.89 4,711.29 3 61.84 4,946.84 4 64.93 5,194.19 5415 ACE POLICE SERVICES TECHNICIAN 0 25.33 2,026.01 1 26.59 2,127.31 2 27.92 2,233.69 3 29.32 2,345.36 4 30.78 2,462.64 5207 UCHR POLICE SUPPORT SERVICES AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 5205 MM POLICE SUPPORT SERVICES MGR 0 45.53 3,642.34 1 47.81 3,824.46 2 50.20 4,015.68 3 52.71 4,216.46 4 55.34 4,427.28 2022/12/06 City Council Post Agenda Page 944 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 48 of 71 5209 MM POLICE TECHNOLOGY MANAGER 0 48.44 3,875.16 1 50.86 4,068.92 2 53.40 4,272.36 3 56.07 4,485.98 4 58.88 4,710.29 5107 ACE POLICE TECHNOLOGY SPECIALIST 0 40.04 3,202.98 1 42.04 3,363.13 2 44.14 3,531.29 3 46.35 3,707.84 4 48.67 3,893.24 2013 PRUC POLICY AIDE 0 30.83 2,466.66 1 32.37 2,589.99 2 33.99 2,719.48 3 35.69 2,855.46 4 37.48 2,998.24 3629 MMCF PRINCIPAL ACCOUNTANT 0 45.13 3,610.64 1 47.39 3,791.17 2 49.76 3,980.72 3 52.25 4,179.76 4 54.86 4,388.74 6021 MM PRINCIPAL CIVIL ENGINEER 0 62.34 4,987.32 1 65.46 5,236.69 2 68.73 5,498.52 3 72.17 5,773.46 4 75.78 6,062.13 2724 MM PRINCIPAL ECON DEV SPECIALIST 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 4486 MM PRINCIPAL LANDSCAPE ARCHITECT 0 52.43 4,194.39 1 55.05 4,404.12 2 57.80 4,624.32 3 60.69 4,855.54 4 63.73 5,098.31 2022/12/06 City Council Post Agenda Page 945 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 49 of 71 7051 MM PRINCIPAL LIBRARIAN 0 45.59 3,647.58 1 47.87 3,829.95 2 50.27 4,021.44 3 52.78 4,222.52 4 55.42 4,433.65 0208 PROF PRINCIPAL MANAGEMENT ANALYST 0 47.71 3,816.44 1 50.09 4,007.26 2 52.60 4,207.62 3 55.23 4,418.01 4 57.99 4,638.91 0214 PRCF PRINCIPAL MANAGEMENT ANALYST 0 47.71 3,816.44 1 50.09 4,007.26 2 52.60 4,207.62 3 55.23 4,418.01 4 57.99 4,638.91 4431 MM PRINCIPAL PLANNER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 4212 PROF PRINCIPAL PROJECT COORDINATOR 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 7410 MM PRINCIPAL RECREATION MANAGER 0 45.86 3,668.49 1 48.15 3,851.91 2 50.56 4,044.50 3 53.08 4,246.73 4 55.74 4,459.07 6020 MM PRINCIPAL TRAFFIC ENGINEER 0 62.34 4,987.32 1 65.46 5,236.69 2 68.73 5,498.52 3 72.17 5,773.46 4 75.78 6,062.13 2022/12/06 City Council Post Agenda Page 946 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 50 of 71 3717 MM PROCUREMENT SERVICES ANALYST 0 45.15 3,611.84 1 47.41 3,792.43 2 49.78 3,982.05 3 52.26 4,181.15 4 54.88 4,390.21 3721 ACE PROCUREMENT SPECIALIST 0 31.12 2,489.40 1 32.67 2,613.85 2 34.31 2,744.53 3 36.02 2,881.78 4 37.82 3,025.86 3090 PROF PROGRAMMER ANALYST 0 40.65 3,252.31 1 42.69 3,414.92 2 44.82 3,585.68 3 47.06 3,764.96 4 49.42 3,953.20 4217 ACE PROJECT COORDINATOR I 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 4218 UCHR PROJECT COORDINATOR I 0 33.31 -- 1 34.98 -- 2 36.73 -- 3 38.57 -- 4 40.49 -- 4215 ACE PROJECT COORDINATOR II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5127 ACE PROPERTY & EVIDENCE SPECIALIST 0 22.25 1,779.83 1 23.36 1,868.82 2 24.53 1,962.27 3 25.75 2,060.38 4 27.04 2,163.40 2022/12/06 City Council Post Agenda Page 947 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 51 of 71 5128 UCHR PROPERTY & EVIDENCE SPECIALIST 0 22.25 -- 1 23.36 -- 2 24.53 -- 3 25.75 -- 4 27.04 -- 5121 ACE PROPERTY & EVIDENCE SUPERVISOR 0 29.42 2,353.82 1 30.89 2,471.52 2 32.44 2,595.09 3 34.06 2,724.85 4 35.76 2,861.09 2782 CONF PUBLIC INFORMATION SPECIALIST 0 31.32 2,505.96 1 32.89 2,631.28 2 34.54 2,762.82 3 36.26 2,900.97 4 38.08 3,046.02 2783 ACE PUBLIC INFORMATION SPECIALIST 0 31.32 2,505.96 1 32.89 2,631.28 2 34.54 2,762.82 3 36.26 2,900.97 4 38.08 3,046.02 5254 ACE PUBLIC SAFETY ANALYST 0 34.28 2,742.22 1 35.99 2,879.33 2 37.79 3,023.30 3 39.68 3,174.48 4 41.66 3,333.19 5256 UCHR PUBLIC SAFETY ANALYST 0 34.28 -- 1 35.99 -- 2 37.79 -- 3 39.68 -- 4 41.66 -- 6123 ACE PUBLIC WORKS INSPECTOR I 0 32.00 2,560.35 1 33.60 2,688.35 2 35.28 2,822.78 3 37.05 2,963.91 4 38.90 3,112.11 2022/12/06 City Council Post Agenda Page 948 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 52 of 71 6121 ACE PUBLIC WORKS INSPECTOR II 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 6336 MM PUBLIC WORKS MANAGER 0 46.74 3,739.43 1 49.08 3,926.40 2 51.53 4,122.72 3 54.11 4,328.86 4 56.82 4,545.30 6712 ACE PUBLIC WORKS SPECIALIST 0 25.51 2,040.85 1 26.79 2,142.88 2 28.13 2,250.02 3 29.53 2,362.52 4 31.01 2,480.67 6327 SM PUBLIC WORKS SUPERINTENDENT 0 58.78 4,702.35 1 61.72 4,937.46 2 64.80 5,184.34 3 68.04 5,443.55 4 71.45 5,715.74 6337 ACE PUBLIC WORKS SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 6392 ACE PUMP MAINTENANCE SUPERVISOR 0 34.57 2,765.93 1 36.30 2,904.24 2 38.12 3,049.44 3 40.02 3,201.91 4 42.03 3,362.01 6396 ACE PUMP MAINTENANCE TECHNICIAN 0 30.06 2,405.16 1 31.57 2,525.42 2 33.15 2,651.68 3 34.80 2,784.26 4 36.54 2,923.48 2022/12/06 City Council Post Agenda Page 949 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 53 of 71 5417 ACE RANGE MASTER 0 25.70 2,056.28 1 26.99 2,159.10 2 28.34 2,267.05 3 29.76 2,380.40 4 31.24 2,499.43 5418 UCHR RANGE MASTER 0 25.70 -- 1 26.99 -- 2 28.34 -- 3 29.76 -- 4 31.24 -- 2211 MM RECORDS MANAGER 0 36.26 2,900.49 1 38.07 3,045.53 2 39.97 3,197.79 3 41.97 3,357.70 4 44.07 3,525.57 2217 ACE RECORDS SPECIALIST 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 7605 UCHR RECREATION AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 7603 UCHR RECREATION LEADER 0 17.83 -- 1 18.72 -- 2 19.65 -- 3 20.63 -- 4 21.67 -- 7601 UCHR RECREATION SPECIALIST 0 21.39 -- 1 22.46 -- 2 23.58 -- 3 24.76 -- 4 26.00 -- 2022/12/06 City Council Post Agenda Page 950 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 54 of 71 7425 ACE RECREATION SUPERVISOR I 0 25.88 2,070.77 1 27.18 2,174.30 2 28.54 2,283.03 3 29.96 2,397.17 4 31.46 2,517.03 7426 UCHR RECREATION SUPERVISOR I 0 25.88 -- 1 27.18 -- 2 28.54 -- 3 29.96 -- 4 31.46 -- 7423 ACE RECREATION SUPERVISOR II 0 28.47 2,277.84 1 29.90 2,391.74 2 31.39 2,511.32 3 32.96 2,636.89 4 34.61 2,768.74 7422 ACE RECREATION SUPERVISOR III 0 32.74 2,619.52 1 34.38 2,750.50 2 36.10 2,888.03 3 37.91 3,032.42 4 39.80 3,184.04 2742 ACE RECYCLING SPECIALIST I 0 25.27 2,021.74 1 26.54 2,122.83 2 27.86 2,228.98 3 29.26 2,340.41 4 30.72 2,457.44 2744 ACE RECYCLING SPECIALIST II 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 5307 ACE REGISTERED VETERINARY TECH 0 24.13 1,930.56 1 25.34 2,027.09 2 26.61 2,128.45 3 27.94 2,234.88 4 29.33 2,346.63 2022/12/06 City Council Post Agenda Page 951 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 55 of 71 5312 UCHR REGISTERED VETERINARY TECH 0 24.13 -- 1 25.34 -- 2 26.61 -- 3 27.94 -- 4 29.33 -- 5081 UCHR RESERVE OFFICER 0 14.24 -- 1 14.95 -- 2 15.69 -- 3 -- -- 4 -- -- 9903 UCHR RET ANNT - HOMELESS SOL COORD 0 37.77 -- 1 39.66 -- 2 41.64 -- 3 43.72 -- 4 45.91 -- 3689 SM REVENUE MANAGER 0 56.57 4,525.50 1 59.40 4,751.77 2 62.37 4,989.36 3 65.49 5,238.83 4 68.76 5,500.78 3367 PRCF RISK MANAGEMENT SPECIALIST 0 38.48 3,078.08 1 40.40 3,231.98 2 42.42 3,393.59 3 44.54 3,563.27 4 46.77 3,741.43 0231 UCHR SEASONAL ASSISTANT 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 0171 ACE SECRETARY 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 2022/12/06 City Council Post Agenda Page 952 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 56 of 71 3630 MMCF SENIOR ACCOUNTANT 0 40.66 3,252.61 1 42.69 3,415.24 2 44.82 3,585.99 3 47.07 3,765.30 4 49.42 3,953.56 3632 UCHR SENIOR ACCOUNTANT 0 40.66 -- 1 42.69 -- 2 44.82 -- 3 47.07 -- 4 49.42 -- 3651 ACE SENIOR ACCOUNTING ASSISTANT 0 25.79 2,063.34 1 27.08 2,166.50 2 28.44 2,274.84 3 29.86 2,388.60 4 31.35 2,508.02 0185 ACE SENIOR ADMIN SECRETARY 0 30.49 2,438.99 1 32.01 2,560.93 2 33.61 2,688.99 3 35.29 2,823.41 4 37.06 2,964.59 5345 ACE SENIOR ANIMAL CARE SPECIALIST 0 23.13 1,850.12 1 24.28 1,942.63 2 25.50 2,039.76 3 26.77 2,141.75 4 28.11 2,248.83 3089 PROF SENIOR APPLICATION SUPP SPEC 0 45.04 3,602.83 1 47.29 3,782.98 2 49.65 3,972.12 3 52.13 4,170.74 4 54.74 4,379.27 2403 SM SENIOR ASSISTANT CITY ATTORNEY 0 82.87 6,629.20 1 -- -- 2 -- -- 3 -- -- 4 100.72 8,057.84 2022/12/06 City Council Post Agenda Page 953 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 57 of 71 4781 ACE SENIOR BUILDING INSPECTOR 0 40.49 3,238.81 1 42.51 3,400.76 2 44.64 3,570.80 3 46.87 3,749.34 4 49.21 3,936.79 4507 ACE SENIOR BUSINESS LICENSE REP 0 25.79 2,063.34 1 27.08 2,166.50 2 28.44 2,274.84 3 29.86 2,388.60 4 31.35 2,508.02 6019 WCE SENIOR CIVIL ENGINEER 0 53.10 4,247.91 1 55.75 4,460.31 2 58.54 4,683.32 3 61.47 4,917.49 4 64.54 5,163.36 4763 ACE SENIOR CODE ENFORCEMNT OFFICER 0 38.68 3,094.59 1 40.62 3,249.31 2 42.65 3,411.79 3 44.78 3,582.36 4 47.02 3,761.49 6204 ACE SENIOR CONSERVATION SPECIALIST 0 31.97 2,557.53 1 33.57 2,685.41 2 35.25 2,819.67 3 37.01 2,960.65 4 38.86 3,108.69 2025 UCHR SENIOR COUNCIL ASSISTANT 0 28.66 -- 1 30.10 -- 2 31.60 -- 3 33.18 -- 4 34.84 -- 2027 CONF SENIOR COUNCIL ASSISTANT 0 23.80 1,903.84 1 24.99 1,999.03 2 26.24 2,098.98 3 27.55 2,203.92 4 28.93 2,314.13 2022/12/06 City Council Post Agenda Page 954 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 58 of 71 2725 PROF SENIOR ECON DEVELOPMENT SPEC 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 6442 ACE SENIOR ELECTRICIAN 0 34.38 2,750.10 1 36.10 2,887.61 2 37.90 3,031.99 3 39.79 3,183.58 4 41.78 3,342.76 6471 ACE SENIOR ELECTRONICS TECHNICIAN 0 37.81 3,025.12 1 39.70 3,176.37 2 41.69 3,335.19 3 43.77 3,501.95 4 45.96 3,677.04 6059 ACE SENIOR ENGINEERING TECHNICIAN 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 6512 ACE SENIOR EQUIPMENT MECHANIC 0 33.07 2,645.68 1 34.72 2,777.96 2 36.46 2,916.85 3 38.28 3,062.69 4 40.20 3,215.83 5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG 0 43.11 3,448.41 1 45.26 3,620.82 2 47.52 3,801.87 3 49.90 3,991.97 4 52.39 4,191.55 0175 ACE SENIOR FISCAL OFFICE SPECIALST 0 22.79 1,823.29 1 23.93 1,914.46 2 25.13 2,010.19 3 26.38 2,110.69 4 27.70 2,216.23 2022/12/06 City Council Post Agenda Page 955 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 59 of 71 0176 UCHR SENIOR FISCAL OFFICE SPECIALST 0 22.79 -- 1 23.93 -- 2 25.13 -- 3 26.38 -- 4 27.70 -- 3073 ACE SENIOR GIS ANALYST 0 36.76 2,941.15 1 38.60 3,088.21 2 40.53 3,242.62 3 42.56 3,404.75 4 44.69 3,574.99 2764 PROF SENIOR GRAPHIC DESIGNER 0 37.91 3,032.45 1 39.80 3,184.07 2 41.79 3,343.28 3 43.88 3,510.44 4 46.07 3,685.95 3308 PRCF SENIOR HR ANALYST 0 42.38 3,390.24 1 44.50 3,559.75 2 46.72 3,737.74 3 49.06 3,924.62 4 51.51 4,120.86 3313 UCHR SENIOR HR ANALYST 0 42.38 -- 1 44.50 -- 2 46.72 -- 3 49.06 -- 4 51.51 -- 3316 CONF SENIOR HR TECHNICIAN 0 30.69 2,455.28 1 32.23 2,578.05 2 33.84 2,706.96 3 35.53 2,842.30 4 37.31 2,984.42 6441 ACE SENIOR HVAC TECHNICIAN 0 34.38 2,750.10 1 36.10 2,887.61 2 37.90 3,031.99 3 39.79 3,183.58 4 41.78 3,342.76 2022/12/06 City Council Post Agenda Page 956 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 60 of 71 3012 PROF SENIOR INFO TECH SUPPORT SPEC 0 39.79 3,182.82 1 41.77 3,341.96 2 43.86 3,509.06 3 46.06 3,684.51 4 48.36 3,868.73 3031 PROF SENIOR ITS/POL SPEC II (T) 0 43.84 3,507.35 1 46.03 3,682.72 2 48.34 3,866.86 3 50.75 4,060.20 4 53.29 4,263.21 6285 WCE SENIOR LAND SURVEYOR 0 53.10 4,247.91 1 55.75 4,460.31 2 58.54 4,683.32 3 61.47 4,917.49 4 64.54 5,163.36 6295 ACE SENIOR LANDSCAPE INSPECTOR 0 40.49 3,238.83 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.81 5110 ACE SENIOR LATENT PRINT EXAMINER 0 43.45 3,476.36 1 45.63 3,650.19 2 47.91 3,832.69 3 50.30 4,024.34 4 52.82 4,225.54 2463 CONF SENIOR LEGAL ASSISTANT 0 30.79 2,463.14 1 32.33 2,586.28 2 33.95 2,715.60 3 35.64 2,851.38 4 37.42 2,993.96 7053 MM SENIOR LIBRARIAN 0 36.38 2,910.37 1 38.20 3,055.89 2 40.11 3,208.69 3 42.11 3,369.12 4 44.22 3,537.57 2022/12/06 City Council Post Agenda Page 957 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 61 of 71 7589 UCHR SENIOR LIFEGUARD 0 19.69 -- 1 20.67 -- 2 21.71 -- 3 22.79 -- 4 23.93 -- 6371 ACE SENIOR MAINTENANCE WORKER 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 0206 PROF SENIOR MANAGEMENT ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 0226 PRCF SENIOR MANAGEMENT ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 3051 PROF SENIOR NETWORK ENGINEER 0 53.48 4,278.50 1 56.16 4,492.44 2 58.96 4,717.06 3 61.91 4,952.91 4 65.01 5,200.55 0173 ACE SENIOR OFFICE SPECIALIST 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 0174 UCHR SENIOR OFFICE SPECIALIST 0 21.71 -- 1 22.79 -- 2 23.93 -- 3 25.13 -- 4 26.38 -- 2022/12/06 City Council Post Agenda Page 958 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 62 of 71 6309 ACE SENIOR OPEN SPACE INSPECTOR 0 40.49 3,238.83 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.81 7439 ACE SENIOR PARK RANGER 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 5157 ACE SENIOR PARKING ENFORCEMENT OFF 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 6615 ACE SENIOR PARKS MAINT WORKER 0 27.75 2,219.60 1 29.13 2,330.59 2 30.59 2,447.11 3 32.12 2,569.47 4 33.72 2,697.94 4746 WCE SENIOR PLAN CHECK ENGINEER 0 49.22 3,937.23 1 51.68 4,134.09 2 54.26 4,340.79 3 56.97 4,557.84 4 59.82 4,785.73 4751 ACE SENIOR PLAN CHECK TECHNICIAN 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 4432 PROF SENIOR PLANNER 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 2022/12/06 City Council Post Agenda Page 959 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 63 of 71 4434 UCHR SENIOR PLANNER 0 45.92 -- 1 48.21 -- 2 50.62 -- 3 53.15 -- 4 55.81 -- 4529 ACE SENIOR PLANNING TECHNICIAN 0 28.93 2,314.05 1 30.37 2,429.76 2 31.89 2,551.25 3 33.49 2,678.81 4 35.16 2,812.76 0135 ACE SENIOR POLICE RECORDS SPEC 0 23.13 1,850.39 1 24.29 1,942.92 2 25.50 2,040.06 3 26.78 2,142.06 4 28.11 2,249.16 0136 UCHR SENIOR POLICE RECORDS SPEC 0 23.13 -- 1 24.29 -- 2 25.50 -- 3 26.78 -- 4 28.11 -- 3728 PROF SENIOR PROCUREMENT SPECIALIST 0 36.36 2,909.16 1 38.18 3,054.62 2 40.09 3,207.35 3 42.10 3,367.72 4 44.20 3,536.11 3091 PROF SENIOR PROGRAMMER ANALYST 0 46.35 3,707.71 1 48.66 3,893.11 2 51.10 4,087.76 3 53.65 4,292.15 4 56.33 4,506.75 4214 PROF SENIOR PROJECT COORDINATOR 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 2022/12/06 City Council Post Agenda Page 960 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 64 of 71 5125 ACE SENIOR PROPRTY & EVIDENCE SPEC 0 25.59 2,046.80 1 26.86 2,149.15 2 28.21 2,256.61 3 29.62 2,369.43 4 31.10 2,487.90 5248 UCHR SENIOR PUBLIC SAFETY ANALYST 0 43.37 -- 1 45.54 -- 2 47.81 -- 3 50.20 -- 4 52.71 -- 5260 PROF SENIOR PUBLIC SAFETY ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 6101 ACE SENIOR PUBLIC WORKS INSPECTOR 0 40.49 3,238.82 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.80 6702 ACE SENIOR PUBLIC WORKS SPECIALIST 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 2215 ACE SENIOR RECORDS SPECIALIST 0 24.96 1,996.95 1 26.21 2,096.79 2 27.52 2,201.63 3 28.90 2,311.72 4 30.34 2,427.30 2746 ACE SENIOR RECYCLING SPECIALIST 0 31.97 2,557.53 1 33.57 2,685.41 2 35.25 2,819.67 3 37.01 2,960.65 4 38.86 3,108.69 2022/12/06 City Council Post Agenda Page 961 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 65 of 71 3365 PRCF SENIOR RISK MANAGEMENT SPEC 0 44.25 3,539.80 1 46.46 3,716.79 2 48.78 3,902.62 3 51.22 4,097.76 4 53.78 4,302.65 0177 ACE SENIOR SECRETARY 0 23.88 1,910.12 1 25.07 2,005.64 2 26.32 2,105.91 3 27.64 2,211.22 4 29.02 2,321.78 6573 ACE SENIOR TREE TRIMMER 0 30.52 2,441.56 1 32.05 2,563.65 2 33.65 2,691.82 3 35.33 2,826.42 4 37.10 2,967.74 2779 PROF SENIOR WEBMASTER 0 38.04 3,043.57 1 39.95 3,195.73 2 41.94 3,355.53 3 44.04 3,523.31 4 46.24 3,699.48 6169 ACE SIGNAL SYSTEMS ENGINEER I 0 36.79 2,943.50 1 38.63 3,090.66 2 40.57 3,245.20 3 42.59 3,407.47 4 44.72 3,577.83 6170 ACE SIGNAL SYSTEMS ENGINEER II 0 40.47 3,237.84 1 42.50 3,399.74 2 44.62 3,569.71 3 46.85 3,748.20 4 49.20 3,935.61 6355 ACE SIGNING AND STRIPING SUPV 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 2022/12/06 City Council Post Agenda Page 962 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 66 of 71 2751 SM SPECIAL PROJECTS MGR 0 49.72 3,977.42 1 50.98 4,078.27 2 53.53 4,282.18 3 56.20 4,496.29 4 60.43 4,834.56 3734 ACE STOREKEEPER 0 23.09 1,847.14 1 24.24 1,939.50 2 25.46 2,036.47 3 26.73 2,138.30 4 28.07 2,245.21 3732 ACE STOREKEEPER SUPERVISOR 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 6127 ACE STORMWATER COMPLNCE INSP I 0 29.87 2,389.36 1 31.36 2,508.83 2 32.93 2,634.27 3 34.57 2,765.99 4 36.30 2,904.29 6125 ACE STORMWATER COMPLNCE INSP II 0 32.85 2,628.30 1 34.50 2,759.71 2 36.22 2,897.70 3 38.03 3,042.59 4 39.93 3,194.71 6137 ACE STORMWATER ENV SPECIALIST I 0 33.46 2,676.71 1 35.13 2,810.56 2 36.89 2,951.08 3 38.73 3,098.64 4 40.67 3,253.58 6135 ACE STORMWATER ENV SPECIALIST II 0 36.81 2,944.40 1 38.65 3,091.62 2 40.58 3,246.20 3 42.61 3,408.49 4 44.74 3,578.94 2022/12/06 City Council Post Agenda Page 963 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 67 of 71 6131 MM STORMWATER PROGRAM MANAGER 0 50.67 4,053.85 1 53.21 4,256.54 2 55.87 4,469.36 3 58.66 4,692.84 4 61.59 4,927.48 5241 MM SUPRVSNG PUBLIC SAFETY ANALYST 0 49.87 3,989.91 1 52.37 4,189.42 2 54.99 4,398.88 3 57.74 4,618.83 4 60.62 4,849.76 6151 ACE SURVEY TECHNICIAN I 0 27.83 2,226.37 1 29.22 2,337.69 2 30.68 2,454.57 3 32.22 2,577.31 4 33.83 2,706.18 6141 ACE SURVEY TECHNICIAN II 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 3015 PROF SYSTEMS/DATABASE ADMINISTRATOR 0 42.34 3,386.83 1 44.45 3,556.18 2 46.67 3,733.98 3 49.01 3,920.69 4 51.46 4,116.71 3027 ACE TELECOMMUNICATIONS SPECIALIST 0 25.76 2,060.45 1 27.04 2,163.47 2 28.40 2,271.64 3 29.82 2,385.22 4 31.31 2,504.49 7503 UCHR TINY TOT AIDE 0 17.83 -- 1 18.72 -- 2 19.65 -- 3 20.63 -- 4 21.67 -- 2022/12/06 City Council Post Agenda Page 964 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 68 of 71 7505 UCHR TINY TOT SPECIALIST 0 21.39 -- 1 22.46 -- 2 23.58 -- 3 24.76 -- 4 26.00 -- 5155 UCHR TRAFFIC CONTROL ASSISTANT 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 5293 UCHR TRAFFIC OFFICER 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 6187 ACE TRAFFIC SIGNAL & LIGHT TECH I 0 29.32 2,345.97 1 30.79 2,463.27 2 32.33 2,586.43 3 33.95 2,715.75 4 35.64 2,851.54 6185 ACE TRAFFIC SIGNAL & LIGHT TECH II 0 32.26 2,580.57 1 33.87 2,709.59 2 35.56 2,845.08 3 37.34 2,987.31 4 39.21 3,136.69 6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV 0 37.10 2,967.65 1 38.95 3,116.04 2 40.90 3,271.83 3 42.94 3,435.43 4 45.09 3,607.18 5262 ACE TRAINING PROGRAM SPECIALIST 0 26.87 2,149.75 1 28.22 2,257.24 2 29.63 2,370.10 3 31.11 2,488.61 4 32.66 2,613.04 2022/12/06 City Council Post Agenda Page 965 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 69 of 71 6031 WCE TRANSPORTATION ENGR W CERT 0 53.10 4,247.91 1 55.75 4,460.31 2 58.54 4,683.32 3 61.47 4,917.49 4 64.54 5,163.36 6033 WCE TRANSPORTATION ENGR W/O CERT 0 50.57 4,045.64 1 53.10 4,247.92 2 55.75 4,460.32 3 58.54 4,683.33 4 61.47 4,917.50 6575 ACE TREE TRIMMER 0 25.43 2,034.63 1 26.70 2,136.37 2 28.04 2,243.18 3 29.44 2,355.34 4 30.91 2,473.11 6572 ACE TREE TRIMMER SUPERVISOR 0 35.10 2,807.79 1 36.85 2,948.19 2 38.70 3,095.60 3 40.63 3,250.38 4 42.66 3,412.90 5308 UCHR VETERINARIAN 0 46.77 -- 1 49.11 -- 2 51.57 -- 3 54.15 -- 4 56.85 -- 5322 UCHR VETERINARIAN (PERMITTED) 0 66.13 -- 1 69.44 -- 2 72.91 -- 3 76.56 -- 4 80.39 -- 5331 PROF VETERINARIAN (PERMITTED) 0 60.50 4,840.26 1 63.53 5,082.26 2 66.70 5,336.39 3 70.04 5,603.21 4 73.54 5,883.36 2022/12/06 City Council Post Agenda Page 966 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 70 of 71 5335 PROF VETERINARIAN I 0 42.97 3,437.68 1 45.12 3,609.57 2 47.38 3,790.04 3 49.74 3,979.54 4 52.23 4,178.52 5333 PROF VETERINARIAN II 0 49.42 3,953.33 1 51.89 4,150.98 2 54.48 4,358.54 3 57.21 4,576.46 4 60.07 4,805.29 5334 UCHR VETERINARIAN II 0 49.42 -- 1 51.89 -- 2 54.48 -- 3 57.21 -- 4 60.07 -- 5323 UCHR VETERINARY ASSISTANT 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.44 -- 5325 ACE VETERINARY ASSISTANT 0 20.11 1,608.82 1 21.12 1,689.25 2 22.17 1,773.71 3 23.28 1,862.41 4 24.44 1,955.52 3029 ACE VOIP/VIDEOCONF SPECIALIST 0 34.51 2,760.67 1 36.23 2,898.71 2 38.05 3,043.64 3 39.95 3,195.82 4 41.95 3,355.62 7131 ACE VOLUNTEER COORDINATOR 0 21.98 1,758.68 1 23.08 1,846.62 2 24.24 1,938.96 3 25.45 2,035.90 4 26.72 2,137.69 2022/12/06 City Council Post Agenda Page 967 of 1285 Fiscal Year 2022-2023 Compensation Schedule Effective January 13, 2023 Job BU Description Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation Approved and Adopted: Resolution No. Page 71 of 71 2777 ACE WEBMASTER 0 33.09 2,647.10 1 34.74 2,779.45 2 36.48 2,918.43 3 38.30 3,064.34 4 40.22 3,217.56 Revised July 12, 2022 (Effective July 1, 2022) August 9, 2022 (Effective August 12, 2022 | FA IVDC-LECC Executive Director salary effective January 1, 2022; Mayor, City Attorney and Councilperson salaries effective July 1, 2022) October 18, 2022 (Effective October 21, 2022) November 9, 2022 (Effective November 18, 2022) December 6, 2022 (Effective December 16, 2022) December 6, 2022 (Effective December 30, 2022) December 6, 2022 (Effective January 13, 2023) 2022/12/06 City Council Post Agenda Page 968 of 1285 Conflict of Interest Code – Designated Positions Adopted by City Council on 12/06/2022, Resolution No. 2022-XXX EXHIBIT A OFFICIALS REQUIRED TO FILE PURSUANT TO GOVERNMENT CODE §§ 87200, et seq. The following officials shall file periodic statements disclosing certain economic interests (commonly referred to as “700 Forms”) with the Fair Political Practices Commission, as required by California Government Code §§87200 – 87210: Mayor City Councilmember City Manager City Attorney Director of Finance/City Treasurer Planning Commission Member Candidate for Elective Office In addition, each official falling within any of the above -listed categories, except “Candidates for Elective Office,” is required to comply with the ethics training requirements of California Government Code §§53234, et seq. DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Each City employee whose position title is listed below shall file a 700 Form under the designated disclosure category (as set forth in Chula Vista Municipal Code §2.02.030) and is required to comply with the ethics training requirements of California Government Code §§53234, et seq. Where “Full Disclosure” is indicated, it implies that the disclosure categories are 1, 2, 5, and 7. Position Title ................................................................................................ Disclosure Category Administrative Services Manager ..........................................................................................1, 2, 5 Animal Care Facility Manager ............................................................................................1, 3, 6,7 Assistant Chief of Police .......................................................................................... Full Disclosure Assistant City Attorney Series Senior Assistant City Attorney .................................................................... Full Disclosure Assistant City Attorney ................................................................................ Full Disclosure Assistant City Clerk ...............................................................................................................1, 2, 6 Assistant City Manager ............................................................................................ Full Disclosure Assistant Director of Development Services .....................................................................1, 2, 6, 7 2022/12/06 City Council Post Agenda Page 969 of 1285 Conflict of Interest Code – Designated Positions Adopted by City Council on 12/06/2022, Resolution No. 2022-XXX Position Title ................................................................................................ Disclosure Category Assistant Director of Engineering ..........................................................................................1, 2, 5 Assistant Director of Finance ................................................................................... Full Disclosure Assistant Director of Human Resources ................................................................................1, 3, 5 Assistant Director of Public Works .......................................................................................1, 2, 5 Assistant Director of Recreation ........................................................................................1, 2, 6, 7 Benefits Manager ...........................................................................................................................5 Budget & Analysis Manager .................................................................................... Full Disclosure Building Inspection Manager .........................................................................................................3 Building Inspector Series Senior Building Inspector ..............................................................................................3, 4 Building Inspector (all levels)............................................................................................3 Building Official/Code Enforcement Manager ..........................................................................1, 2 Building Project Manager ......................................................................................................3, 4, 5 Building Services Manager ....................................................................................................1, 2, 5 Building Services Supervisor .........................................................................................................6 Chief of Police ......................................................................................................... Full Disclosure Chief of Staff ............................................................................................................ Full Disclosure Chief Sustainability Officer ...............................................................................................1, 2, 6, 7 City Attorney Investigator ....................................................................................... Full Disclosure City Clerk ...............................................................................................................................1, 2, 6 City Clerk Analyst (excluding hourly) ..........................................................................................6 City Librarian .........................................................................................................................2, 6, 7 Civil Engineer Series Principal Civil Engineer .............................................................................................3, 4, 5 Senior Civil Engineer .................................................................................................3, 4, 5 Associate Civil Engineer ....................................................................................................3 Code Enforcement Series Senior Code Enforcement Officer ..................................................................................3, 4 Code Enforcement Officer (all levels) ...............................................................................3 Collections Supervisor ...................................................................................................................3 Communication/Special Events Coordinator .............................................................................5, 7 2022/12/06 City Council Post Agenda Page 970 of 1285 Conflict of Interest Code – Designated Positions Adopted by City Council on 12/06/2022, Resolution No. 2022-XXX Community Engagement Specialist ...........................................................................................5, 6 Constituent Services Manager ................................................................................. Full Disclosure Construction & Repair Supervisor .................................................................................................6 Council Assistant Series Senior Council Assistant .............................................................................. Full Disclosure Council Assistant ......................................................................................... Full Disclosure Deputy City Attorney (all levels)............................................................................. Full Disclosure Deputy City Manager ............................................................................................... Full Disclosure Deputy Fire Chief...................................................................................................................1, 2, 6 Development Automation Specialist .....................................................................................3, 4, 5 Development Project Manager ...........................................................................................1, 2, 6, 7 Development Services Counter Manager ..................................................................................3, 4 Director of Animal Services ..............................................................................................1, 3, 6, 7 Director of Deve lopment Services .....................................................................................1, 2, 6, 7 Director of Community Services ............................................................................. Full Disclosure Director of Economic Development ..................................................................................1, 2, 6, 7 Director of Engineering/City Engineer ..............................................................................1, 2, 6, 7 Director of Housing & Homeless Services .............................................................. Full Disclosure Director of Human Resources/Risk Management .................................................................1, 3, 5 Director of Information Technology Services ...............................................................................6 Director of Public Works .......................................................................................................1, 2, 5 Economic Development Specialist Series Principal Economic Development Specialist .............................................................1, 2, 7 Senior Economic Development Specialist .................................................................1, 2, 7 Emergency Services Manager ........................................................................................................5 Engineer Series Associate Engineer .........................................................................................................3, 4 Assistant Engineer ..........................................................................................................3, 4 Fire Inventory Specialist ................................................................................................................6 Environmental Services Manager ..........................................................................................3, 6, 7 Environmental Sustainability Manager ..................................................................................3, 6, 7 Facilities Financ ing Manager .............................................................................................1, 2, 6, 7 2022/12/06 City Council Post Agenda Page 971 of 1285 Conflict of Interest Code – Designated Positions Adopted by City Council on 12/06/2022, Resolution No. 2022-XXX Facilities Manager ..........................................................................................................................5 Finance Manager (including with CPA) .................................................................. Full Disclosure Fire Battalion Chief (all designations) ...........................................................................................6 Fire Captain (C only; excluding when assigned to the academy )..................................................6 Fire Chief ...............................................................................................................................1, 2, 6 Fire Division Chief.................................................................................................................1, 2, 6 Fire Inspector/Investigator Series Senior Fire Inspector/Investigator ..................................................................................3, 4 Fire Inspector/Investigator (all levels) ...........................................................................3, 4 Fire Prevention Engineer/Investigator .......................................................................................3, 4 Fire Prevention Aide ......................................................................................................................3 Fire Prevention Specialist ..........................................................................................................3, 4 Fiscal and Management Analyst ....................................................................................................5 Fiscal Debt Management Analyst ..................................................................................................5 Fleet Inventory Control Specialist .................................................................................................5 Fleet Manager ................................................................................................................................5 Fleet Supervisor .............................................................................................................................5 Homeless Solutions Manager ............................................................................................1, 2, 6, 7 Housing Manager ...............................................................................................................1, 2, 6, 7 Human Resources Manager .......................................................................................................5, 7 Information Technology Manager .................................................................................................6 Information Technology Project Manager .....................................................................................6 Land Surveyor Series Associate Land Surveyor ...............................................................................................3, 4 Senior Land Surveyor ....................................................................................................4, 5 Landscape Architect Series Principal Landscape Architect .......................................................................................1, 2 Senior Landscape Inspector ...........................................................................................3, 4 Landscape Architect .......................................................................................................3, 4 Landscape Planner (all levels) ...................................................................................................3, 4 Law Office Manager ......................................................................................................................6 2022/12/06 City Council Post Agenda Page 972 of 1285 Conflict of Interest Code – Designated Positions Adopted by City Council on 12/06/2022, Resolution No. 2022-XXX Librarian Series Principal Librarian .........................................................................................................6, 7 Senior Librarian .............................................................................................................6, 7 Librarian III (excluding hourly) .........................................................................................6 Library Digital Services Manager ..................................................................................................6 Management Analyst Series Principal Management Analyst (when assigned to Housing & Public Works ) .........3, 5, 7 Principal Management Analyst (all assignments unless otherwise noted) ....................3, 5 Senior Management Analyst ..........................................................................................5, 7 Senior Management Analyst (when assigned to Finance and Parks & Recreation) ..........5 Management Analyst (all levels, assigned to Finance , Fire, Development Services, & Police) ................................................................................................................................5 Management Analyst (all levels, all assignments unless otherwise noted) .......................6 Marketing and Communications Manager .................................................................................3, 5 Open Space Inspector Series Senior Open Space Inspector .........................................................................................3, 5 Open Space Inspector .....................................................................................................3, 5 Open Space Manager .................................................................................................................3, 5 Park Ranger Program Manager .................................................................................................3, 5 Park Ranger Series Senior Park Ranger ............................................................................................................3 Park Ranger (excluding hourly) ........................................................................................3 Park Ranger Supervisor .................................................................................................................3 Parks and Recreation Administrator ........................................................................ Full Disclosure Parks Manager ........................................................................................................................3, 4, 5 Plan Check Engineer Series Senior Plan Check Engineer ..........................................................................................3, 4 Assistant Plan Check Engineer ......................................................................................1, 2 Associate Plan Check Engineer .....................................................................................1, 2 Plan Check Supervisor ...............................................................................................................1, 2 Planner Series Principal Planner ............................................................................................................1, 2 2022/12/06 City Council Post Agenda Page 973 of 1285 Conflict of Interest Code – Designated Positions Adopted by City Council on 12/06/2022, Resolution No. 2022-XXX Senior Planner ................................................................................................................1, 2 Assistant Planner ............................................................................................................3, 4 Associate Planner ...........................................................................................................3, 4 Planning Manager ......................................................................................................................1, 2 Police Administrative Services Administrator ......................................................... Full Disclosure Police Captain .......................................................................................................... Full Disclosure Police Facility and Supply Coordinator .........................................................................................6 Police Technology Manager ......................................................................................................3, 6 Policy Aide ............................................................................................................... Full Disclosure Principal Accountant ......................................................................................................................5 Principal Recreation Manager ........................................................................................................6 Principal Traffic Engineer ......................................................................................................3, 4, 5 Procurement Services Analyst ................................................................................. Full Disclosure Procurement Specialist Series Senior Procurement Specialist ..................................................................... Full Disclosure Procurement Specialist .......................................................................................................5 Project Coordinator Series Principal Project Coordinator .....................................................................................1, 2, 7 Senior Project Coordinator .........................................................................................1, 2, 7 Project Coordinator (all levels) ......................................................................................2, 7 Public Works Inspector Series Senior Pub lic Works Inspector ..................................................................................3, 4, 5 Public Works Inspector (all levels) ............................................................................3, 4, 5 Public Works Manager ...........................................................................................................1, 2, 5 Public Works Superintendent ................................................................................................1, 2, 5 Public Works Supervisor .......................................................................................................1, 2, 5 Purchasing Agent ..................................................................................................... Full Disclosure Revenue Manager .................................................................................................... Full Disclosure Risk Management Specialist Series Senior Risk Management Specialist ..............................................................................1, 2 Risk Management Specialist ..........................................................................................1, 2 Risk Manager .............................................................................................................................1, 2 2022/12/06 City Council Post Agenda Page 974 of 1285 Conflict of Interest Code – Designated Positions Adopted by City Council on 12/06/2022, Resolution No. 2022-XXX Senior Electronics Technician .......................................................................................................5 Senior Graphic Designer ................................................................................................................5 Senior Land Surveyor ................................................................................................................4, 5 Senior Public Works Inspector ..............................................................................................3, 4, 5 Senior Risk Management Specialist ..........................................................................................1, 2 Smart Technology Officer .........................................................................................................3, 6 Special Events Manager ........................................................................................... Full Disclosure Stormwater Compliance Inspector II .............................................................................................3 Stormwater Environmental Specialist (all levels)..........................................................................3 Stormwater Program Manager ...............................................................................................3, 4, 5 Supervising Public Safety Analyst .............................................................................................3, 6 Traffic S ignal & Lighting Supervisor ....................................................................................3, 4, 5 Transportation Engineer (w ith Cert. and without Cert.) ........................................................3, 4, 5 Veterinarian (Permitted, all levels, except hourly) ........................................................................6 Boards and Commissions Member: Board of Appeals and Advisors Member .......................................................................2, 5 Board of Ethics Member ................................................................................................1, 2 Civil Service Commission Member ...................................................................................3 Charter Review Commission Member .......................................................................1, 2, 5 Red istricting Commission Member ...........................................................................1, 2, 5 Growth Management Oversight Commission Member .................................................2, 4 Historic Preservation Commission Member ..................................................................1, 2 Mobilehome Rent Review Commission Member ..........................................................1, 2 Consultants/Newly Created Positions* .................................................................... Full Disclosure Hearing Officers ....................................................................................................... Full Disclosure *Consultants and individuals in newly created positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The City may determine, in writing, that a particular consultant or individual in a newly created position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The determination for consultants shall be included in the contract by which the consultant is hired by the City. The determination for newly created positions shall be documented on an FPPC Form 804. The City’s determinatio ns are public record. 2022/12/06 City Council Post Agenda Page 975 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE University-Innovation District: Approve Purchase/Sale and Project Development Agreements and Appropriate Funds for the Cinematic Arts Academic Center & Library Development for San Diego State University's Television, Film and New Media Production Studios Report Number: 22-0317 Location: Lot 7 of Millenia, 1775 Millenia Avenue Department: Economic Development Environmental Notice: The Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Recommended Action Adopt resolutions: A) Approving a Purchase and Sale Agreement with LMC-Millenia Investment Company, LP to acquire 7.06 acres of undeveloped land on Lot 7 of Millenia located at 1775 Millenia Avenue (APN 643- 060-57-00); B) Approving a Project Development Agreement with LMC-Millenia Investment Company, LP to construct a 168,000 square foot Cinematic Arts Academic Center & Library, a 6,100 square foot amenity building, related site work and improvements; and C) Approving amendments to the Capital Improvement Budget, authorizing interfund loans, and appropriating funds for the project. (4/5 Vote Required) SUMMARY In recent years, City staff began pursuing the opportunity to expand the University-Innovation District into the nearby Millenia Sectional Planning Area (“SPA”) as a creative solution to jumpstart the University with significantly reduced capital outlay. In 2022, a confluence of needs and the legislative appropriation of $30 million in State funding created a major opportunity to establish the first phase of the University. This provides the City with the opportunity to construct two buildings on the Think Campus, located on Lot 7 in Millenia, that would serve as the City’s first new library since 1995 and meet the minimum 60,000 square foot need for library space; provide 50,000 square feet for an academic partner, San Diego State University, to relocate their Television, Film and New Media Production Studios to Chula Vista; provide 58,000 square feet of Class “A” office space in warm shell condition for an industry user to lease, thereby generating revenue and providing jobs in Eastern Chula Vista; and provide a 6,100 square foot amenity building for tenant 2022/12/06 City Council Post Agenda Page 976 of 1285 P a g e | 2 attraction. This action provides a variety of implementing agreements to advance the City’s Cinematic Arts Academic Center and Library to make this vision a reality. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Therefore, no further CEQA review or documentation is necessary. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista maintains a longstanding vision of establishing a university on 383 acres of City- owned and entitled land in the Otay Ranch. Over the years, the City has taken numerous actions to make this vision a reality. With the land and entitlements both secured, after decades of planning, the City is well - positioned to work toward physical development of the University-Innovation District (“UID”). However, there is still significant work to prepare the site for phased development, including horizontal infrastructure and graded pads by HomeFed, LLC as the proposed Master Developer. In recent years, staff began pursuing the opportunity to expand the UID into the nearby Millenia SPA as a creative solution to jumpstart the University with significantly reduced capital outlay. In 2022, a confluence of needs created a major opportunity. The alignment of the desire to establish the first phase of the University within the built environment of Millenia to reduce risk and cost per acre combined with two key needs for: 1) a new destination library consistent with the Library Strategic Facilities Plan, and 2) the vertical development of a Millenia Office building to attract qualified tenants for the remaining 1.8 million square feet of Class “A” office space. These needs presented the opportunity to construct one building on the Think Campus, located on Lot 7 in Millenia, that would serve as the City’s first new library since 1995 and meet the minimum 60,000 square foot need for library space, provide 50,000 square feet for an academic partner to launch the first phase of the University, provide 58,000 square feet of Class “A” office space in warm shell condition for an industry user to lease, and provide a 6,100 square foot amenity building for tenant attraction. Library Need: Growing Demand The 2011 Chula Vista Public Library Strategic Facilities Plan concluded that a new destination library should be located convenient to the South Bay Expressway (“SR-125”), preferably to the east, to best serve residents of this underserved area. In addition to sufficient capacity for the library building and parking, characteristics of a successful library site include a high-profile location along a well-traveled route, close to other community amenities, such as shopping or recreation, and accessible by public transit. A requirement was placed on Lot 7 that required to developer to provide a location for a new library. A new library has not been constructed in Chula Vista since 1995 and the demand for library use continues to grow. 2022/12/06 City Council Post Agenda Page 977 of 1285 P a g e | 3 The Library Department currently leases 5,000 square feet of space in the Otay Ranch Town Center, approximately half a mile from the Millenia site. Despite this space constraint, the Otay Ranch Branch has the second highest circulation of all library branches and Library staff has worked to provide innovative and interactive services within the confines of their minimal space. With the opening of a new city-owned library in Eastern Chula Vista, the Otay Ranch Branch location will be phased out. The vision for the new library includes state-of-the-art technology, inclusive spaces such as a Children’s Room, Intergenerational Space, Teen Rooms, and Adult Spaces. Due to the demand for space in Eastern Chula Vista, meeting rooms and coworking spaces are also contemplated along with multipurpose gathering spaces. The new Library will have modern reading and working nooks, shorter shelving, digital circulation options, and modern multipurpose rooms. The Library will be located adjacent to a new park in Millenia so there will be connectivity between the Library and Park site for a seamless connection to nature. Industry Need: Economic Development Job Creation Opportunity Since 2016, Chesnut Properties has worked to market the larger opportunity of Millenia Office, a three- property campus on Lots 1,7 and 19 in Millenia. Millenia Office promotes an impressive vision of stunning, world-class buildings to promote the advancement of higher education, life sciences and technology in South County. Despite numerous conversations with prospective tenants and the developer investing millions of dollars in costs to promote the marketability of the sites, including completing entitlements and technical documents, completing 100% construction documents, pulling permits, subterranean site preparation for parking garage(s), several online marketing and branding campaigns, a national proposal for the Amazon HQ2 location, and the establishment of an on-site marketing trailer, a tenant has not been secured. The toll on SR-125 has also been an obstacle for businesses considering locating in Eastern Chula Vista. At present, the City currently has 96.5% leased of 3.3 million square feet of office inventory and has very few Class “A” caliber office buildings within city limits. Since 2012, vacancy rates in the Chula Vista office market have consistently decreased year over year from 16% at their peak in 2012 to 3.5% at present. Further, office vacancy rates remained steady throughout the COVID-19 pandemic, a metric that demonstrates the strength and demand for Chula Vista office space. Academic Need: Launching Phase 1 of Chula Vista’s University-Innovation District California’s current system of higher education will not fully meet the educational needs of an increasingly diverse student population or the evolving economic needs of the State of California. The State faces an education deficit of more than one million bachelor’s degree holders by 2030 and a gap of 1.5 million skilled workers by 2025. To address this shortfall, California needs to graduate 2.4 million more bachelor’s degree holders than they are currently on track to produce. Each California State University (“CSU”) campus has more students than their permanent capacity and there are at least 80,000, and growing, students than what the 23 CSU campuses can accommodate. Most of the CSU campuses have attempted to accommodate the increase in demand by adding temporary capacity and imposing campus or program impaction criteria. These actions only increase the competitiveness of enrollment and do not address the increasing demand constraints. Just as there is a growing population of high school graduates throughout California, Chula Vista is faced with an even greater challenge. In San Diego County, public universities are only located in the central and northern parts of the County although more than one third of the County population lives south of San Diego 2022/12/06 City Council Post Agenda Page 978 of 1285 P a g e | 4 State University, which perpetuates issues of access and equity. Chula Vista is the only city in California with a population greater than 200,000 residents that does not have a nonprofit or state university within its city limits. In addition, the South Bay region has approximately 500,000 residents and is still without a public or private non-profit university. It is critical to provide viable, equitable and accessible pathways to higher education which requires the elimination of barriers to access of public universities and successful degree completion. College students in the South Bay are increasingly place-bound, working full-time, and are balancing a number of other responsibilities while taking classes. Their education choices are determined by what is nearby, regardless of how much college knowledge they may have about alternative options. Locally, as the nearest four-year institution, San Diego State University (“SDSU”) has worked within their vision of expanding access to higher education across the region with their Imperial Valley Campus, the Mission Valley West expansion, their partnership with Southwestern College for their Microsite which offers three degree completion programs and now the relocation of their Television, Film and New Media (“TFM”) Program to the City’s University-Innovation District as a step towards realizing their vision of becoming the premier film school in the nation. The City has continued to work diligently towards turning the larger vision for a University-Innovation District on 383 acres of City-owned land into a reality and is working to address and remove impediments to make additional progress. This same evening, staff is proposing an action recommending approval of an Exclusive Negotiating Agreement with HomeFed, LLC to serve as the Master Developer of the UID site. This would develop the 383 acres in compliance with the UID SPA with a phased approach of approximately 50- 100 acres at a time, preparing horizontal infrastructure and graded pads for development for university and innovation/industry users. To continue on this track, from the time the proposed MDA is completed and approved by Council, staff estimates it would be at least an additional 4-5 years of work to have graded pads ready for users. In early 2022, as a creative solution to reduce the cost, time and risk associated with starting the UID, staff proposed creating a Cinematic Arts Academic Center & Library. This building, located just half a mile from the UID, would satisfy the need for a new library in Millenia, expand the footprint of the UID and serve as an incubator for both the University and Millenia Office. The vision won the support of the State and in the May revised State Budget, Senator Atkins secured $5 million for land acquisition and entitlement costs for this project. In the August revised budget, Assemblymember Alvarez submitted budget trailer bill language to allocate $25 million in state funding to the City of Chula Vista to construct the Cinematic Arts Academic Center & Library. The $30 million in total funds are being provided to the City through a California State Library Targeted State Grant Program and applications have been submitted. The State funding agreement will be brought back for City Council approval in 2023. These critical funds were the impetus needed to make this project a reality and staff is tremendously grateful for the support of this project received from the State. Millenia Lot 7: Cinematic Arts Academic Center & Library The City has the opportunity to jumpstart the University on Lot 7 of Millenia, a 7.06-acre parcel which would expand the footprint of the 383-acre UID located just a half-mile walking distance to the south. Lot 7 is planned and entitled for four buildings: one 6,100 square foot amenity building, one 150,000 square foot Class “A” building, one 168,000 square foot Class “A” building, and one parking structure. The 168,000 square foot building which fronts Millenia Avenue will be the site of the new Cinematic Arts Academic Center & 2022/12/06 City Council Post Agenda Page 979 of 1285 P a g e | 5 Library and the future home of San Diego State University’s Television, Film and New Media Production Studios. The building will have 110,000 square feet of cinematic arts library space with 60,000 square feet for the state-of-the-art library and 50,000 square feet for SDSU as an academic user. The remaining 58,000 square feet in the building will be available to be leased to industry partners or a qualified life science, higher education or technology tenant as an economic development attraction effort and as a revenue generating use to help offset the operations and maintenance costs associated with owning, operating and maintaining a Class “A” building of this scale and quality. The four-story building is designed to LEED and WELL standards and boasts ocean views to the west and mountain views to the east, showcasing the very best vistas of Chula Vista. The building will be the crown jewel of Millenia and will anchor the surrounding civic uses of the new Fire Station 10 and several community parks. In addition to constructing the 168,000 square foot building as the Cinematic Arts Academic Center & Library, staff recommends also constructing the 6,100 square foot amenity building also planned for Lot 7. In consultation with CBRE Group, the shifting office landscape is such that amenity-rich buildings are a necessity to attract qualified tenants to Class “A” office space. The 6,100 square foot building would also be owned and operated by the City. It is contemplated the space could be a fine dining restaurant with outdoor seating and gathering spaces overlooking a beautifully landscaped courtyard. The restaurant could accommodate culinary arts students as an opportunity to gain hands-on experience working for a reputable restaurant. The culinary arts concept would complement the cinematic arts use also on site. The addition of this building contributes to the sense of completeness on the site rather than building a standalone structure for the 168,000 square foot Cinematic Arts Academic Center & Library. The last remaining entitled building on Lot 7 is the 150,000 square foot building located directly east of the 168,000 square foot building. While staff is not planning to construct it as part of this project, the opportunity exists for a qualified office user or University partner to fund its development and represents a future expansion opportunity for the Think Campus. The building’s 40,000 square foot pad is certified and 100% construction drawings are completed. In summary, the overall immediate vision for Lot 7 is: - To construct a 168,000 square foot Class “A” office building owned and operated by the City of Chula Vista with: o 60,000 square feet planned for the first new library since 1995; o 50,000 square feet planned for SDSU’s Television, Film and New Media Production Studios; o 58,000 square feet planned for talent attraction of a qualified industry user to pay market rate rent; - To construct a 6,100 square foot amenity building; and - To construct parking, walkways, supporting sitework and landscaping to connect the site to the adjacent community park. Chesnut Properties: Uniquely Qualified Chesnut Properties is the current owner of Lot 7 and the passionate visionary of the Millenia Office vision for the Think, Invent and Discover Campuses. Mr. Lee Chesnut, Principal and Owner of Chesnut Properties, has successfully acquired, repositioned and built numerous properties totaling over 1,250,000 square feet representing complex high-performance life-science buildings, large-scale corporate buildings, landmark 2022/12/06 City Council Post Agenda Page 980 of 1285 P a g e | 6 above Class “A” buildings and industry leading sustainable projects. Today, Chesnut Properties is strategically positioned to bring to Chula Vista its passionate approach to delivering complex and impactful real estate projects, with projects under way in several communities that represent over 60 acres of land and entitlements totaling over 3,000,000 square feet. The company utilizes multiple relationship and financial structures in order to execute this scale of development including private pursuits, long-term ground leases, customized structured debt strategies, and public-private-partnerships. As outlined in the attached Statement of Qualifications, Chesnut Properties has demonstrated they are uniquely qualified to perform a developer-performed public work per Chula Vista Municipal Code (“CVMC”) Section 2.56.160 (H)(5). Purchase and Sale Agreement To plan for the critically needed library space in Millenia, a library obligation for Lot 7 was included in the Millenia Development Agreement between McMillian Otay Ranch LLC and the City, entered into on October 27, 2009 (Document 2009-0595116). On February 22, 2011 (Document 2011-0098720), McMillin assigned its rights and transferred its obligations to SLF IV/McMillin Millenia JV, LLC, otherwise known as the seller. This assignment imposed the obligation on the principal master developer to provide a library in the Eastern Urban Center (“EUC”), now known as Millenia. The library obligation allowed the City to consider both ownership and leasehold interests for the library. Per the options outlined within the Millenia Development Agreement, staff recommends it is the most prudent option for the City to buy the land and building rather than to lease a portion of it and be limited in the utilization as strictly for library use. This enables the City to bring in SDSU to launch phase 1 of the University and lease 58,000 gross square feet to a revenue-generating industry user(s) while maintaining ultimate control of the building’s use and programming and offsetting the City’s operations and maintenance costs with lease revenue. Within the Purchase and Sale Agreement (“PSA”) as Exhibit 7, the City accepts and assumes the duties of the principal master developer with regard to meeting the library obligation on Lot 7. Staff recommends entering into the attached PSA with LMC-Millenia Investment Company, L.P. As outlined within the agreement, the City is purchasing the 7.06-acre parcel and all plans and improvement drawings. Chesnut Properties, the owner and developer, will complete all improvements to the City’s specifications and provide a turnkey building to the City upon close of escrow, which will follow construction completion. The City will take possession of its first Class “A” office building and new library once construction is completed, the Notice of Completion is issued and escrow has closed. In July 2022, as part of due diligence, the City solicited competitive bids to have an appraisal performed on the site. The appraised value was determined to be $11,000,000 for the 7.06-acre site which calculates to $35.77/square foot. The independent appraiser found the property to be within their determined reasonable range of $34 to $36/square foot. The purchase price of the land, entitlements, construction documents, site work, parking and construc tion of the 168,000 square foot building for the Cinematic Arts Academic Center & Library and the supporting 6,100 square foot amenity building total $96.4 million. This includes reimbursement to the developer of accrued soft costs and payment to the developer of a negotiated 4% Developer Fee and a 3.5% Construction Supervision Fee as outlined within the attached PSA. The project cost break down is outlined within the below table. 2022/12/06 City Council Post Agenda Page 981 of 1285 P a g e | 7 Cinematic Arts Library and Site Work Land $11,000,000 Soft Costs (Sum of predevelopment and soft costs for Building 2 and Amenity Building) $3,145,203 Subtotal $14,145,203 Warm Shell $38,000,000 Site Work* $3,878,547 Tenant Improvements (110,000 square feet) $13,750,000 Parking Structure (651 space 3-level structure) $14,000,000 Subtotal $69,628,547 Development & Management Fee** (7.5% of improvement costs) $5,222,141 $88,995,891 Amenity Building and Site Work Amenity Building Warm Shell $6,000,000 TIs and Site Work* (6,100 square feet and surrounding improvements) $900,000 Subtotal $6,900,000 Development & Management Fee ** (7.5% of improvement costs) $517,500 Subtotal $7,417,500 Total Budget*** $96,413,391 *Site work costs are defined as the improvements to be constructed on the land outside of the buildings, including parking areas, driveways, sidewalks and landscaping. The final parking layout of either surface parking and/or a parking garage will be deci ded following the receipt of qualified bids to ensure the City stays within budget. **Improvement costs are defined as the collective building costs, the tenant improvement costs and the site work costs. ***Total budget is an approximation and subject to change based upon project variables. The following due diligence documents, as outlined in Exhibit 2 of the PSA, have been received and reviewed by the City and an outside consultant. - 100% construction documents - Architectural drawings - Civil drawings - Electrical plans - Landscape plans - Mechanical plans - Pad certifications - Plumbing plans - Structural plans - Title report(s) Flow of Funds Within PSA Following approval of the PSA, $0.5 million of project funds will be deposited into escrow, and later released to the Developer after review of title and execution of the agreements, which will be applied towards the $11 million land purchase price. On February 1, 2023, $5.5 million will be deposited into escrow to be applied 2022/12/06 City Council Post Agenda Page 982 of 1285 P a g e | 8 towards land acquisition costs and these funds will be released by March 1, 2023 following the completion of the due diligence period. On or before October 31, 2023, $3.1 million in soft costs will be released to the Developer following City’s approval of the GMP contract. The remaining $5.5 million in land acquisition costs will be delivered at close of escrow on or before July 1, 2025. Close of escrow will not occur until all conditions of the PSA are met, construction is completed with a Notice of Completion recorded and City acceptance of the building and all site work. Project Development Agreement The Project Development Agreement (“PDA”), Schedule 12 within the PSA Exhibits, is the execution and implementation document for the PSA and resulting development of the building. The PDA includes the terms for which the contractor will construct the improvements under a GMP contract. The Developer will solicit bids to select a qualified contractor following the release of contingencies. A contract will be awarded to the best qualified subcontractor through a subcontract award from the pre - qualified list of the following highly experienced prime contractors. The Developer will solicit competitive bids for the prime contract for the development and construction of the project improvements from the following qualified prime contractors: - C2 Building Group - Clark Construction Group - DPR Construction - McCarthy Executive team qualifications and biographies are included as attachments for each firm. The City will enter into an Improvements Contract which will include the City’s approval of the prime contractor, the Guaranteed Maximum Price (“GMP”) for the building’s cost and site work costs and the construction schedule. There will be a competitive bidding process to select the qualified contractor for this developer- performed public works project per CVMC Section 2.56.160 (H)(5) and all subcontracts for project improvements will be competitively bid as well per CVMC 2.56.160(H)(2)(c). The PDA also outlines the project schedule. Vertical development is anticipated to begin no later than November 1, 2023 with construction completed by July 1, 2025. On December 2, 2022, the City received updated cost estimates from the developer provided by a reputable general contracting firm and that cost estimate serves as the City’s estimate for line item costs. The City will provide monthly reimbursement payments to the developer with a ten percent retention of each invoice. The ten percent retention will be released upon close of escrow. Flow of Funds Within PDA To vest the building permits for the 168,000 square foot building, the amenity building and the parking structure prior to their expiration on February 28, 2023, wet and/or dry utilities must be installed and inspected prior to that date. The City will fund up to $500,000 to complete this early work which will be reimbursed based on contract and construction costs. Construction costs will begin being incurred on or before November 1, 2023 and will be reimbursed with a ten percent retention. San Diego State University’s Expansion to Chula Vista Over the last decade and beyond, staff has met with numerous universities to discuss the opportunities Chula Vista has to offer within the UID. Conversations with SDSU began in fall 2019 surrounding how could the City 2022/12/06 City Council Post Agenda Page 983 of 1285 P a g e | 9 best meet their needs for a strategic program relocation or expansion. At the end of 2019, City staff pitched the relocation of SDSU's TFM program to SDSU and received favorable interest and support from university staff. In January 2020, the City hosted SDSU on a bus tour from SDSU to Chula Vista through Millenia, the University Property and Elite Athlete Training Center to demonstrate the many shovel-ready opportunities and the City’s willingness to be a supportive partner in establishing an SDSU presence in Chula Vista. In March 2020, the COVID-19 pandemic hit and caused staff to pause efforts out of respect for impacted institutions and to focus on business assistance and recovery efforts. In September 2021, the City and SDSU reconvened to discuss moving forward on the relocation of school of TFM to Chula Vista and consensus amongst the parties was for negotiations to resume over the course of established weekly meetings. In September 2022, $30M in State funding was secured which solidified the path to be able to move forward with SDSU so that the City could provide a turnkey facility for the TFM program. The City is working through the grant application and approval process to secure these funds via grant agreements with the State Library and applications have been submitted. Execution of the grant agreements is a pre-closing condition within the PSA, required to be completed on or before March 1, 2023. On September 2, 2022, the City and The Board of Trustees of the California State University (“CSU”), acting on behalf of SDSU, executed a Memorandum of Understanding (“MOU”). The MOU established the basic terms and a framework for discussions between SDSU and the City for the development and operation of the SDSU TFM Studios as part of the City’s larger Cinematic Arts Academic Center and Library. The parties are actively working towards a lease agreement, which is a condition within the PSA required to be completed on or before October 31, 2023 following the execution of the GMP Prime Contract. However, the City retains the right to waive this condition should a lease agreement with SDSU not be executed. The TFM Program is proposed to include a robust offering of media arts programs that could include but not be limited to animation, independent film making, writing for screen and television, movie and television production, lighting and set design, sound production, virtual reality, video game design, photography, videography, entertainment media and business management including finance and marketing. Within these approximately 15 upper-division and graduate courses, there will be approximately 14 instructional faculty and approximately 300 students utilizing the Cinematic Arts Academic Center and Library each semester. With the implementation of this project, for the first time in the City’s history, a Chula Vista student can attend kindergarten through 12th grade and graduate from a university, if enrolled in SDSU’s Television, Film and New Media Program, without having to leave city limits. As the parties embark on this partnership, it is th e City’s hope and intent to foster conversations with SDSU to consider establishing additional programs in the future within Chula Vista, whether that be in Millenia or on the 383-acre UID site, to meet the demand of South Bay students and provide equitable access to higher education. Millenia Lot 1: Economic Development Uses Along with the acquisition of Lot 7, staff has an agreement to acquire 8.83 acres on Lot 1 of Millenia (APN 643-066-09-00) located directly west of Lot 7 and directly south of the Ayres Hotel. The Master Developer of Millenia, S L F IV-MILLENIA LLC, currently owns the site. This is an attractive and advantageous opportunity for the City to acquire Lot 1 for $1 for economic development purposes to attract a qualified user. The City has structured the draft Development Agreement (“DA”) Amendment such that the owner will 2022/12/06 City Council Post Agenda Page 984 of 1285 P a g e | 10 hold the property for the City for a period of 60 months and at the direction of the City, transfer it directly to the City or a user of the City’s choice. As the City continues to work with SANDAG and State legislators to pay down the debt on the SR-125, removal of the toll will make this an even more attractive opportunity for a future user. The site is entitled for up to 1.7 million square feet of Class “A” office space and its highest and best use would be as a site for a higher education, life sciences or a technology user. In a July 2022 appraisal, Lot 1 was valued at $10,000,000 for the 8.83-acre site. However, as mentioned above, the Development Agreement Amendment will not require the City to pay the appraised value. Considering the City is obtaining the property for $1, the acquisition of the two properties totaling 15.89 acres at the price of $11,000,001 calculates to an average of $15.89/square foot which presents an unbeatable, unparalleled opportunity for the City to strategically guide the economic development of Eastern Chula Vista. An amendment to the DA will be presented at the December 14, 2022 Planning Commission meeting per Government Code Sections 65867, 65867.5 and 65868 with their recommendation later presented to the City Council for final action. Unfortunately, the timing did not align to bring forward this action for consideration with the Lot 7 agreements, but staff does consider it an important part of this overall transaction. It is anticipated that this action will be presented to the City Council no later than the end of January 2023. 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.). CURRENT-YEAR FISCAL IMPACT The total project cost for the Cinematic Arts Academic Center & Library, including the amenity building and all site work, is approximately $96 million. The City is funding $66 million in project costs and is awaiting $30 million in funding from the California State Library Targeted State Grant Program. While the City has submitted both grant applications and is continuing to work through the process with the State on the grant agreements, letters of intent to award the funds for the $25 million grant and $5 million grant awards are attached. The grant agreement and an action to accept the funds will be brought back to the City Council in 2023 once staff has the agreements. The project’s estimated $96 million cost has been allocated to various funding sources based on the physical programming of the facilities, as shown in the table below. These allocations are preliminary and subject to change as final lease terms are negotiated and the facility is constructed. Should final allocations vary from those presented below, fund contributions, including interfund loan repayments will be adjusted accordingly. 2022/12/06 City Council Post Agenda Page 985 of 1285 P a g e | 11 Cinematic Arts Library and Site Work Amenity Building and Site Work Total Public Facilities Development Impact Fee (PFDIF) – Library Component $ 31,780,433 $ 0 $ 31,780,433 Developer Contributions 27,215,458 7,417,500 34,632,958 State Library Grant Funds 30,000,000 0 30,000,000 Total $ 88,995,891 $ 7,417,500 $ 96,413,391 Of the $31.8 million to be contributed by the PFDIF, $22.9 million will be appropriated from the available balance of the PFDIF Fund (Fund 560). The remaining $8.9 million will require an interfund loan from the Trunk Sewer Capital Reserve (Fund 413). Of the Developer Contributions totaling $34.6 million, $3.0 million will be appropriated from the Developer Contributions – Economic Development Fund (Fund 263) and $1.5 million will be appropriated from the Developer Contributions – Public Benefit Fund (Fund 264). The remaining $30.1 million will require an interfund loan from the Trunk Sewer Capital Reserve (Fund 413). Fund appropriations by fund are summarized in the table below. Fund Fund Balance Loan Total PFDIF - Library $ 22,900,000 $ 8,880,433 $ 31,780,433 Developer Contribution - Economic Development 3,000,000 8,000,000 11,000,000 Developer Contribution - Public Benefit 1,500,000 22,132,958 23,632,958 Trunk Sewer Capital Reserve Fund - Interfund Loan 39,013,391 (39,013,391) 0 State Grants Fund 30,000,000 0 30,000,000 Total $ 96,413,391 0 $ 96,413,391 The PFDIF Fund, Developer Contributions – Economic Development Fund, and Developer Contributions – Public Benefit Fund are all projected to have sufficient funds on hand within 10 years to repay the proposed interfund loans from the Trunk Sewer Capital Reserve Fund. Should funds become available sooner, the interfund loan would be retired earlier. Interfund loan monies will be advanced on a quarterly basis from the Trunk Sewer Capital Reserve in order to minimize borrowing costs. Staff has analyzed the Trunk Sewer Capital Reserve Fund’s assets and planned expenditures and determined that authorizing the proposed interfund loans totaling approximately $39.1 million will not impact service delivery or planned capital projects. The Trunk Sewer Capital Reserve Fund will earn interest on monies loaned based on the City’s pooled interest rate, ensuring no City fund is penalized or profits from participating in an interfund loan. ONGOING FISCAL IMPACT Annual operations and maintenance costs of the 168,000 square foot building are estimated to be $2 million. Staff anticipates that the revenue generated from the successful leasing of the available 58,000 square foot space at $3.20/foot NNN will eventually be able the offset the operation and maintenance costs for the building. As the opening of the Cinematic Arts Academic Center & Library in Q 3 2025 nears, staff will propose any additional FTEs needed in either Library or Information Technology Services staffing as part of the FY25 budget process. 2022/12/06 City Council Post Agenda Page 986 of 1285 P a g e | 12 ATTACHMENTS 1) Purchase and Sale Agreement By and Between LMC-Millenia Investment Company, L.P. and City of Chula Vista 2) Project Development Agreement By and Between LMC-Millenia Investment Company, L.P. and City of Chula Vista 3) California State Library – Letter of Intent to Award $25M in State Funding 4) California State Library – Letter of Intent to Award $5M in State Funding 5) Chesnut Properties Executive Leadership Team Qualifications 6) C2 Building Group Qualifications 7) Clark Construction Group Qualifications 8) DPR Construction Qualifications 9) McCarthy Qualifications Staff Contacts: Miranda Evans, Special Projects Manager Eric Crockett, Deputy City Manager 2022/12/06 City Council Post Agenda Page 987 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND LMC-MILLENIA INVESTMENT COMPANY, L.P. FOR THE CONSTRUCTION OF THE CINEMATIC ARTS ACADEMIC CENTER AND LIBRARY WHEREAS, to plan for the critically needed library space in Millenia, a library obligation for Lot 7 in Millenia was included in the Millenia Development Agreement, dated October 27, 2009, between the City of Chula Vista (“City”) McMillian Otay Ranch LLC (“McMillan”); and WHEREAS, the 2011 Chula Vista Public Library Strategic Facilities Plan concluded that a new destination library should be located convenient to the South Bay Expressway (“SR 125”), preferably to the east, to best serve residents and such a site should provide sufficient capacity for the library building and parking, a high-profile location along a well-traveled route, close to other community amenities, such as shopping or recreation, and accessible by public transit; and WHEREAS, on February 22, 2011, McMillin assigned its rights and transferred its obligations to SLF IV/McMillin Millenia JV, LLC, and this assignment imposed the obligation on the principal master developer to provide a library in the Eastern Urban Center (“EUC”) known as Millenia; and WHEREAS, the library obligation allowed the City to consider both ownership and leasehold interests for the library; and WHEREAS, in recent years the City began pursuing the opportunity to expand the University-Innovation District (“UID”) into the nearby Eastern Urban Center Sectional Planning Area (“SPA”), now known as Millenia, as a creative solution to jumpstart the University with significantly reduced risk and capital outlay; and WHEREAS, the alignment of the desire to establish the first phase of the UID within the built environment of Millenia will reduce risk and development cost per acre combined with the need to establish a new destination library in compliance with the 2011 Library Strategic Facilities Plan presented an opportunity to include both uses into one building as the City’s Cinematic Arts Academic Center and Library; and WHEREAS, Lot 7 of Millenia located at 1775 Millenia Avenue (Assessor Parcel No. 643-060-57) is an unimproved, 7.06-acre raw piece of land with entitlements (the “Property”); and WHEREAS, Developer is the owner of the Property which is presently undeveloped and Developer has caused the preparation of certain Building Plans and Specifications for the development of a multi-story Class A office building on the Land, and related improvements, 2022/12/06 City Council Post Agenda Page 988 of 1285 Resolution No. Page 2 and obtained the following building permits from the City for development of: a 168,000 sf class “A” office building (Chula Vista Building Permit No. B17-0654), a 6,100 amenity building (Chula Vista Building Permit No. B17-0656), and a parking structure (Chula Vista Building Permit No. B17-0657); and WHEREAS, City staff has determined that the Property could serve as a location for the City’s first new library since 1995 and meet the minimum 60,000 square foot need for library space, provide 50,000 square feet for an academic partner to launch the first phase of the University, provide 58,000 square feet of Class “A” office space in warm shell condition for an industry user to lease, and provide a 6,100 square foot amenity building for tenant attraction (“Project”); and WHEREAS, City and Developer are proposing to enter into a Purchase and Sale Agreement (“PSA”) and for the City’s acquisition of the Property for purposes of implementing the Project; and WHEREAS, the PSA provides that the City will also concurrently engage the Developer to develop and construct the Project as provided in the PSA and the Project Development Agreement (“PDA”); and WHEREAS, in July 2022, as part of due diligence, the City solicited competitive bids to have an appraisal performed on the Property and the appraised value was determined to be $11,000,000 which the independent appraiser determined to be within reasonable fair market value; and WHEREAS, City has agreed to purchase the Property from Developer for $11,000,000.00 subject to the conditions set forth in the PSA and Developer has agreed to sell the Property to City subject to those conditions; and WHEREAS, the PSA provides that the City will reimburse Developer for already incurred predevelopment and soft costs for the Project in the amount of $3,145,203.00 subject to the conditions in the PSA; and WHEREAS, Exhibit 7 of the PSA provides that the City will accept and assume the duties of the principal master developer with regard to meeting the library obligation on Lot 7. WHEREAS, staff recommends approval of the Purchase and Sale Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves Purchase and Sale Agreement by and between the City of Chula Vista and LMC- Millenia Investment Company, L.P., a California limited partnership, in the form presented, with such modifications as may be required or approved by the City Attorney, authorizes and directs the Mayor to execute same, and directs that a copy of the executed agreement shall be kept on file in the office of the City Clerk. Presented by 2022/12/06 City Council Post Agenda Page 989 of 1285 Resolution No. _________ Page 3 Eric Crockett Deputy City Manager Approved as to form by Glen R. Googins City Attorney 2022/12/06 City Council Post Agenda Page 990 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PROJECT DEVELOPMENT AGREEMENT BETWEEN THE CITY AND LMC-MILLENIA INVESTMENT COMPANY, L.P. FOR THE CONSTRUCTION OF THE CINEMATIC ARTS ACADEMIC CENTER AND LIBRARY BUILDING WHEREAS, on December 6, 2022, the City Council of the City of Chula Vista (“City”) approved a purchase and sale agreement (“PSA”) between the City and LMC-Millenia Investment Company, L.P. (“Developer”) for the acquisition of an approximately 7.06-acre lot located directly east of Millenia Avenue, West of Montage Avenue and immediately south of Fire Station 10 , commonly known as Lot 7 (the “Land”); and WHEREAS, Developer has caused the preparation of certain building plans and specifications for the development of a multi-story Class A office building on the Land along with related improvements (collectively, the “Project”), and has obtained building permits from the City for development of the Project; and WHEREAS, Developer has experience developing multi-story Class A office projects like the Project and has identified four experienced prime contractors that have expressed interest in submitting competitive bids to develop and construct the Project; and WHEREAS, City desires to engage Developer to develop and construct the Project in conjunction with City’s acquisition of the Land from Developer under the terms of the PSA and the Project Development Agreement that is the subject of this resolution; and WHEREAS, under the terms of the PSA and Project Development Agreement, the Developer will deliver to the City a “Turn Key” project consisting of a 168,000 square foot Class A office building and related improvements, 60,000 square feet of which will be for a new library with inclusive and intergenerational spaces, and subject to the terms of a pending agreement between City and San Diego State University (SDSU), 50,000 square feet will be built and programmed for a cinematic arts educational center supporting television and film production, a separate approximately 6,000 square foot amenity building, site work, and associated parking on Lot 7 (“Project Improvements”); and WHEREAS, the Project Development Agreement provides the terms and conditions for the scope of the development and construction of the Project Improvements, the construction schedule, the procurement requirements for the prime contractor and subcontractors, the design and construction standards, warranties, Developer’s insurance requirements, and Developer’s obligations to indemnify and defend the City; and WHEREAS, CVMC Section 2.56.160(H) (Developer-Performed Public Works) regulates the procurement of developer-performed public works within the City; and 2022/12/06 City Council Post Agenda Page 991 of 1285 WHEREAS, CVMC Section 2.56.160(H)(6) provides that all or portions of the developer performed public work ordinance may be waived where "the waiver is in the best interest of the public after consideration of factor including, without limitation, project costs, time for completion, and other relevant criteria, and (ii) appropriate safeguards are in place to protect the public interest"; and WHEREAS, CVMC section 2.56.160(H)(5) provides that City Council’s approval of an agreement that clarifies and establishes procedures for a developer-performed public work constitutes the City Council’s determination and findings that such procedures satisfy all applicable requirements of CVMC section 2.56.160; and WHEREAS, CVMC section 2.56.160(H)(5) provides that, in City’s sole discretion, City may require a developer to enter into an agreement prior to commencement of a developer- performed public work to implement the developer-performed public work in accordance with the terms of CVMC section 2.56.160(H) or in accordance with other obligations or restrictions applicable to the developer-performed public work, and such agreement may: (a) clarify or modify the application of or waiver of requirements of CVMC section 2.56.160(H) and/or (b) clarify, establish, or modify the procedures to be undertaken by developer for a developer-performed public work; and WHEREAS, CVMC Section 2.56.160(H)(1)(a) provides that a Developer may award a contract for a developer-performed public work by competitive bid or solicitation in compliance with all applicable requirements of CVMC Section 2.56.160; and WHEREAS, Developer has requested the option to award the prime contract and subcontracts for the Project to "best qualified contractors" to ensure that the Project is constructed in a timely manner by contactor teams that are best qualified to perform the work; and WHEREAS, as provided in Exhibit G of the Project Development Agreement, Developer intends to solicit competitive bids for the prime contract from its pre-qualified shortlist after consideration of, without limitation, each bidders demonstrated competence, qualifications, ability to achieve timely completion, capacity, skill, compliance with bid documents, costs, and other relevant criteria; and WHEREAS, Developer has represented to City staff that soliciting a prime contractor from its pre-qualified shortlist will provide for a streamlined and successful approach that will result in time and cost efficiencies, and avoid logistical coordination issues that would otherwise hinder and impede the overall schedule for the construction of the Project Improvements; and WHEREAS, staff is satisfied with Developer’s assessment that Developer’s proposed solicitation process to select a prime contractor from its pre-qualified shortlist of highly experienced and qualified contractors to develop and construct the Project Improvements will enhance the implementation, quality, and timeliness of the delivery of the Project Improvements; and 2022/12/06 City Council Post Agenda Page 992 of 1285 Resolution No. Page 3 WHEREAS, in accordance with CVMC Section 2.56.160(H)(2)(c), Developer has agreed to solicit competitive bids for all subcontracts for the Project Improvements; and WHEREAS, in accordance with CVMC Section 2.56.160(H)(2)(d), Developer has agreed to award all subcontracts to the lowest responsive and responsible bidder or the bidder that is determined to be the "best qualified contractor," subject to City approval, after evaluating, without limitation, each bidder's demonstrated competence, qualifications, ability to achieve timely completion, capacity, skill, compliance with bid documents, costs, and other relevant criteria; and WHEREAS, as shown on Exhibit G of the PDA, Developer has presented City staff with an outline of its process for selecting "best qualified" subcontractors based upon a variety of factors including: past relevant similar project experience, customer feedback from those projects, current backlog, available trades personnel resources, proposed supervisory/management personnel, financial capability, design capabilities, schedule management plan, quality management plan, and pricing; and WHEREAS, the subcontractor selection process outlined by Developer does not include the solicitation of sealed bids; and WHEREAS, staff is satisfied that Developer's proposed subcontractor solicitation process meets the intent of the City's competitive bidding requirements and will result in the selection of lowest responsive and responsible subcontractors or "best qualified" subcontractors consistent with City’s interests in high quality and timely construction per City requirements and the terms and conditions of the PSA and PDA; and WHEREAS, final prime contractor and subcontractor bids for the Project Improvements will not be solicited or awarded until after the approval of this resolution; and WHEREAS, as the prime contract and subcontracts for the Project Improvements have not been solicited or awarded, staff recommends authorizing the City Manager , or designee, to make findings and to waive the competitive bid requirements for the solicitation and award of the prime contract and subcontracts if such waivers are appropriate and meet the waiver requirements per the CVMC; and WHEREAS, as the prime contract and subcontracts for the Project Improvements have not yet been awarded, staff recommends authorizing the City Manager, or designee, to approve the prime contract award and subcontract awards for the Project; and WHEREAS, as the prime contract and subcontracts for the Project Improvements have not yet been awarded, staff recommends authorizing the City Manager, or designee, to make findings and approve the award of the prime contract and subcontracts for the Project to "best qualified contractors" in accordance with CVMC Section 2.56.160(H)(2)(d), and to make findings and waive those requirements if such waivers are appropriate and meet the waiver requirements per the CVMC; and 2022/12/06 City Council Post Agenda Page 993 of 1285 WHEREAS, CVMC Section 2.56. l 60(H)(2)(d) states that "if a developer awards a prime contract or subcontract to a bidder other than the lowest responsive and responsible bidder for an item or unit of work, then all payments, reimbursements, and credits against developer impact fees or other developer fees or obligations ("development credits") shall not exceed the amount of the lowest responsive bidder for that item or unit of work. This not-to-exceed limitation may be waived where: (i) The amount of the bid does not exceed the engineer's estimate or other approved estimate for the developer-performed public work by more than 10 percent; and (ii) City approves the waiver in accordance with subsection (H)(6) of this section."; and WHEREAS, Developer may request a waiver of the not-to-exceed limitation pursuant to 2.56. l 60(H)(2)(d) prior to award of the prime contract or subcontracts; and WHEREAS, as the prime contract and subcontracts have not yet been awarded, staff recommends authorizing the City Manager, or designee, to make findings and waive the not-to- exceed limitation found in CVMC Section 2.56.160(H)(2)(D) if such waivers are appropriate and meet the waiver requirements per the CVMC. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. The City Council approves the Project Development Agreement between the City and LMC-Millenia Investment Company, L.P. to, in the form presented, with such modifications as may be required or approved by the City Attorney, authorizes and directs the Mayor or designee to execute same, and directs a copy of the executed agreement to be kept on file in the Office of the City Clerk. 2. The City Council delegates authority to the City Manager, or designee, to oversee and implement the prime contractor and subcontractor solicitation and award processes for the Project, including without limitation the following: a. Per CVMC Section 2.56.160(H)(2)(c), the authority to make determinations regarding competitive bid requirements for the prime contract and subcontracts for the Project. b. Pursuant to CMVC Section 2.56.160(H)(6), the authority to make findings and approve waivers of the competitive bid requirements for the prime contract and subcontracts for the Project if such waivers meet CVMC requirements. c. Pursuant to CVMC Section 2.56.160(H)(2)(d), the authority to make findings and approve the award of the prime contract and subcontracts for the Project, including awards to "best qualified contractors". d. Pursuant to CMVC Section 2.56.160(H)(6), the authority to make findings and approve waivers for award of the prime contract and subcontracts for the Project if such waivers meet CVMC requirements. e. Pursuant to CVMC Section 2.56.160(H)(2)(d)(i-ii), to make findings and waive the not-to-exceed limitation for award of the prime contract and subcontracts for the Project if such waivers meet CVMC requirements. 3. Where necessary or appropriate for purposes of implementing this action, the City Council delegates its authority to the City Manager, or designee, to waive requirements 2022/12/06 City Council Post Agenda Page 994 of 1285 Resolution No. Page 5 and make findings as required by CVMC Section 2.56.160(H) in furtherance of the development and construction of the Project Improvements. Presented by Approved as to form by Eric C. Crockett Glen R. Googins Deputy City Manager City Attorney 2022/12/06 City Council Post Agenda Page 995 of 1285 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT PROGRAM BUDGET, APPROPRIATING $96.4 MILLION FOR PROJECT (GGV0267); AND AUTHORIZING INTERFUND LOANS NOT TO EXCEED $39.1 MILLION FROM THE TRUNK SEWER CAPITAL RESERVE FUND TO THE PUBLIC FACILITY DEVELOPMENT IMPACT FEE FUND, THE DEVELOPER CONTRIBUTIONS – ECONOMIC DEVELOPMENT FUND, AND THE DEVELOPER CONTRIBUTIONS – PUBLIC BENEFIT FUND; AND APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE REQUIRED) WHEREAS, the City has worked over the years to establish a university on 383 acres of city-owned and entitled land in Otay Ranch; and WHEREAS, the City has the land and entitlements both secured, after decades of planning, the City is finally well-positioned to work toward physical development of the University- Innovation District; and WHEREAS, the City will enter into a revised Memorandum of Understanding with San Diego State University (“SDSU”) for 50,000 square feet within the facility for SDSU’s Television, Film and New Media Production Studios Project; and WHEREAS, the development of a new destination library in compliance with the Library Strategic Facilities Plan, that would serve as the City’s first new library since 1995 and meet the minimum 60,000 square foot need for library space, provide 50,000 square feet for an academic partner to launch the first phase of the University, provide 58,000 square feet of Class “A” office space in warm shell condition for an industry user to lease, and provide a 6,100 square foot amenity building for tenant attraction; and WHEREAS, the vertical development of a Millenia Office building to attract qualified tenants for the remaining 1.8 million square feet of Class “A” office space; and WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, on May 24, 2022, City Council approved the adoption of the Fiscal Year 2022-2023 Capital Improvement Program (CIP) budget; and WHEREAS, Staff recommends amendments to the budget for the Fiscal Year 2022-2023 Capital Improvement Program budget for a new capital proje cts titled Cinematic Arts Academic & Library (GGV0267); and 2022/12/06 City Council Post Agenda Page 996 of 1285 WHEREAS, there is a net impact to the various funds as identified in the table below and staff is requesting to amend the Capital Improvement Budget by $96,413,391; and WHEREAS, Council approval of interfund loans from the Trunk Sewer Capital Reserve Fund to the Public Facility Development Impact Fee (PFDIF) Fund, the Developer Contributions – Economic Development Fund, and the Developer Contributions – Public Benefit Fund, in the not to exceed loan amounts of $8.9 million, $22.2 million, and $8.0 million, respectively, is necessary for cash flow purposes; and WHEREAS, City Council Policy No. 220-06 authorizes the establishment of interfund loans for cash flow management purposes; and WHEREAS, the proposed interfund loans are anticipated to be repaid in full within ten years; and WHEREAS, interfund loan amounts will be advanced on a quarterly basis in order to minimize borrowing costs; and WHEREAS, any and all loaned amounts will be repaid with interest at a rate equal to the City’s pooled investment rate of return, currently approximately 1.8%; and WHEREAS, as a result of the projected timing for repayment of the loans, and the applied interest rate, the Trunk Sewer Capital Reserve will not be adversely impacted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amends the Capital Improvement Program budget for Project GGV0267 and approves the following appropriations: Fund Amount Public Facilities Development Impact Fee – Library Component $ 31,780,433 Developer Contributions Fund – Economic Development $ 11,000,000 Developer Contributions Fund – Public Benefit $ 23,632,958 State Grants Fund $ 30,000,000 Total $ 96,413,391 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, does hereby authorize and direct the City Manager to finalize and execute interfund loan from the Trunk Sewer Capital Reserve Fund Balance to the PFDIF Fund, the Developer Contributions – Economic Development Fund, and the Developer Contributions – Public Benefit Fund for the funding of the Cinematic Arts Academic and Library Development Project, in the not to exceed loan amounts of $8.9 million, $22.2 million, and $8.0 million, respectively, with interest accruing at the City’s pooled investment rate, and repayment at the earliest practical date from the sources and revenues described above. 2022/12/06 City Council Post Agenda Page 997 of 1285 Resolution No. Page 3 Presented by Approved as to form by Eric Crockett Glen R. Googins Deputy City Manager City Attorney 2022/12/06 City Council Post Agenda Page 998 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 PURCHASE AND SALE AGREEMENT LMC-Millenia Investment Company, L.P., a California limited partnership (Seller) and City of Chula Vista (Buyer) 2022/12/06 City Council Post Agenda Page 999 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 i Table of Contents Section 1—Definitions.................................................................................................................... 1 Section 2—Sale and Purchase of Property ................................................................................... 65 Section 3—Payment of Purchase Price......................................................................................... 65 Section 4—Escrow.......................................................................................................................... 7 Section 5—Pre-Closing Conditions Precedent ............................................................................... 9 Section 6—The Closing ............................................................................................................ 1211 Section 7—Closing Costs, Prorations ........................................................................................... 13 Section 8—Representations, Warranties, and Covenants ............................................................. 14 Section 9—Possession .................................................................................................................. 19 Section 10—Buyer’s Option re Early Closing.............................................................................. 19 Section 11—Breach and Remedies. .............................................................................................. 20 Section 12—Condemnation .......................................................................................................... 21 Section 13—Casualty.................................................................................................................... 21 Section 14—Miscellaneous Provisions..................................................................................... 2221 2022/12/06 City Council Post Agenda Page 1000 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 1 Purchase and Sale Agreement This Purchase and Sale Agreement ("this Agreement"), dated December __, 2022, ("Effective Date"), is executed by LMC-Millenia Investment Company, L.P., a California limited partnership ("Seller"), and City of Chula Vista ("Buyer"). Seller and Buyer hereby agree as follows: Section 1—Definitions. The following terms shall have the following definitions in this Agreement: Acceptance. As defined in the Project Development Agreement. Accrued Soft Costs. The costs incurred by Seller prior to the Effective Date for design, engineering, entitlement, permit processing, and related costs pertaining to the Improvements, the amount of which is $3,145,203.00. Seller and Buyer confirm the amount of the Accrued Soft Costs is an agreed amount to be paid that is not subject to adjustment. Amenity Building. The single-story building having a total area of approximately 5,850 square feet to be constructed on the Land, as more particularly described in the Buildings Plans and Specifications. Buildings. The Library Building and the Amenity Building. The Buildings shall be delivered in “warm shell” condition, as provided in the Buildings Plans and Specifications. Building Costs. The allowed costs incurred by Seller to construct the Buildings pursuant to the terms of the Project Development Agreement. Buildings Plans and Specifications. The plans and specifications for construction of the Buildings prepared by Gensler pursuant to the Design Contract that have been submitted to and approved by the City of Chula Vista under permit application numbers B-17-0654 (Library Building) and B17-0656 (Amenity Building). The Buildings Plans and Specifications do not include the plans and specifications for the Tenant Improvements or the Parking Structure. Building Permits. The permits to be issued by the City of Chula Vista to allow lawful commencement, prosecution, and completion of construction of the Buildings and the Six Level Structure (as defined in the Project Development Agreement). Business Day(s). Any day other than a Saturday, Sunday, or legal holiday recognized in California. Closing. The time and date when the Deed conveying fee title to the Real Property is recorded in the San Diego County Recorder's Office and the payments and deliveries required by the terms of this Agreement are made. 2022/12/06 City Council Post Agenda Page 1001 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 2 Closing Date. The date on which the Closing occurs. Construction Schedule. The schedule for completion of the Improvements to be developed pursuant to the Project Development Agreement, as such schedule may be amended during the course of construction of the Improvements. Completion. As defined in the Project Development Agreement. Construction Supervision Fee. As defined in the Project Development Agreement. Contractor. The general contractor to be selected by Seller and approved by Buyer pursuant to the Project Development Agreement to complete the Improvements. Deed. The grant deed to be used to convey title to the Real Property to Buyer. Such deed shall be in the form and content of Exhibit 3 attached hereto. Design Contract. The contact dated December 13, 2016, between Seller, as owner, and M. Arthur Gensler Jr. & Associates, Inc., a California corporation dba Gensler (“Gensler”), as architect, pertaining to the preparation of plans and specifications for the construction of the Buildings on the Real Property and all amendments to such contract. Development Agreement. That certain Development Agreement between City of Chula Vista and McMillin Otay Ranch, LLC recorded October 27, 2009 as Document No. 2009- 0595116 of Official Records of the San Diego County Recorder, as assigned from McMillin Otay Ranch, LLC to SLF IV – Millenia, LLC, a Delaware limited liability company, pursuant to that certain Assignment of Development Agreement; Memorandum of Assignment of Parks Agreement; and Confirmations Regarding Parks Agreement recorded February 22, 2011 as Document No. 2011-0098720 of Official Records of the San Diego County Recorder, as such Development Agreement may have been or may be amended from time to time. Developer Fee. As defined in the Project Development Agreement. Due Diligence Documents. The documents listed in Exhibit 2 attached hereto. Due Diligence Period. The period commencing on the Effective Date and continuing through March 1, 2023. Early Work. As defined in the Project Development Agreement. Effective Date. The date specified above. Escrow Holder. First American Title Insurance Company. Improvements. Collectively the Buildings, the Tenant Improvements, the Parking Structure, and the Site Work. 2022/12/06 City Council Post Agenda Page 1002 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 3 Improvements Plans and Specifications. Collectively the Buildings Plans and Specifications, the Tenant Improvements Plans and Specifications, the Parking Structure Plans and Specifications, and the Site Work Plans and Specifications. Intangible Property. All intangible property to the extent owned or held by Seller in connection with the ownership and development of the Real Property, including, without limitation, all plans, permits, entitlements, guaranties, and warranties. Job Close Out Deliveries. The documents and tangible items required to be delivered by Seller to Buyer as a condition of Acceptance. Land. That certain fee simple parcel of land located in Chula Vista, California, more particularly described in Exhibit 1 attached hereto. Library Obligation. Seller’s obligation to construct a library, which obligation (1) is described in Section 4.3.1 and Exhibit D of the Development Agreement and (2) was assumed by Seller pursuant to that certain Agreement Regarding Consent to Partial Assignment and Transfer of Development Agreement recorded February 16, 2016, as Document No. 2016- 0064898 of Official Records of San Diego County, California. Library Building. The multi-story library building having a total area of approximately 169,000 square feet to be constructed on the Land, as more particularly described in the Buildings Plans and Specifications. Option and Right of First Refusal. The option and right of first refusal in favor of SLF IV – Millenia, LLC, a Delaware limited liability company (“SLF IV”), a memorandum of which was recorded February 16, 2016, as Document No. 2016-0064897 of Official Records of San Diego County, California (“the Memorandum of Option and Right of First Refusal”). Parking Structure. As defined in the Project Development Agreement. Parking Structure Costs. As defined in the Project Development Agreement. Parking Structure Plans and Specifications. As defined in the Project Development Agreement. Personal Property. All equipment, appliances, tools, machinery, supplies, building materials and other personal property of every kind and character owned by Seller and attached to, appurtenant to, located in or used in connection with the operation of the Improvements. Prime Contract. The contract between Seller and Contractor by which Contractor will act as the general contractor to construct the Improvements, which contract shall be a guaranteed maximum price form of contract and otherwise subject to the terms and conditions described in the Project Development Agreement. 2022/12/06 City Council Post Agenda Page 1003 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 4 Project. As defined in the Project Development Agreement. Project Development Agreement. The Project Development Agreement between Seller and Buyer for the development and construction of the Improvements to be entered into concurrently herewith in form and content as Exhibit 11 attached hereto. Permitted Encumbrances. The encumbrances to title to the Real Property, as approved by Buyer and as provided below; however, the Permitted Encumbrances shall not include any deeds of trust, mortgages, judgment liens, mechanic's liens, income tax liens, or other similar liens securing monetary obligations (excluding nondelinquent real property taxes and assessments), all of which shall be paid and/or otherwise discharged by Seller prior to or concurrently with the Closing. Property. The Real Property, the Personal Property, and the Intangible Property. Property Expenses. All costs and expenses of any nature incurred or payable, or arising in connection with, the ownership, management, maintenance, construction, repair, replacement, restoration, or operation of the Project site or the Project, including, without limitation, any amounts paid for: (i) the cost of supplying any utilities, the cost of operating, maintaining, repairing, renovating and managing any utility systems, mechanical systems, communications systems, sanitary and storm drainage systems, and the cost of supplies and equipment and maintenance and service contracts in connection therewith; (ii) the cost of licenses, certificates, permits and inspections; (iii) the cost of any insurance carried or required to be carried by Developer pursuant to this Agreement with respect to the Project site or the Project; (iv) the cost of landscaping, supplies, tools, equipment and materials, and all fees, charges and other costs incurred in connection with the management, operation, repair and maintenance of the Project site or the Project; (v) payments under any easement, license, permit, operating agreement, declaration, or covenant or instrument pertaining to the Project site that exist as of the Effective Date or that are created or consented to by Developer; (vi) the cost of any improvements, capital repairs, capital alterations, or capital equipment, required by Laws or otherwise required under this Agreement; and (vii) real property taxes and installments of assessments payable prior to the Closing; however Property Expenses shall not include (1) Developer’s general overhead, (2) any Property Expenses incurred prior to January 1, 2023, or (3) any costs or expenses that are otherwise paid by Buyer or to be reimbursed by Buyer under any other provision of this Agreement or the Project Development Agreement. Purchase Price. The sum of the following: Reimbursable Project Costs $76,268,188 Developer Fee* $3,300,000 Construction Supervision Fee* $2,700,000 TOTAL ESTIMATED REIMBURSABLE PROJECT COSTS* $82,268,188 2022/12/06 City Council Post Agenda Page 1004 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 5 Land Acquisition Costs $11,000,000 Previously Incurred Soft Costs $3,145,203 Estimate Total $96,413,391 *The amounts shown above for Reimbursable Project Costs, Developer Fee, and Construction Supervision Fee are estimates and are subject to adjustment pursuant to the Project Development Agreement. Real Property. The Land and the Improvements. Reimbursable Project Costs. As defined in the Project Development Agreement. Site Work. As defined in the Project Development Agreement. Site Work Costs. The allowed costs incurred by Seller to construct the Site Work, as provided in the Project Development Agreement. Site Work Plans and Specifications. As defined in the Project Development Agreement. Target Closing Date. Ten Business Days following the satisfaction of the conditions to Acceptance, as provided in the Project Development Agreement. Tenant Improvements. The improvements to the interior of the Buildings in excess of the “warm shell” specifications for the Buildings described in the Buildings Plans and Specifications. Tenant Improvements Costs. The allowed costs incurred by Seller to construct the Tenant Improvements, as provided in the Project Development Agreement. Tenant Improvements Plans and Specifications. The plans and specifications for the Tenant Improvements to be developed pursuant to the Project Development Agreement. Title Company. First American Title Insurance Company. Title Policy. The Title Policy shall be a California Land Title Association ("CLTA") owner's standard coverage policy of title insurance; however, subject to Buyer's (1) payment of the additional premium and (2) compliance with all of Title Company's additional requirements, including obtaining an ALTA survey at Buyer's cost, Buyer may elect that the Title Policy shall be an ALTA owner's extended coverage policy of title insurance. 2022/12/06 City Council Post Agenda Page 1005 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 6 Section 2—Sale and Purchase of Property. Seller hereby agrees to sell the Property to Buyer and Buyer hereby agrees to purchase the Property from Seller at the price and on the terms, covenants, and conditions set forth in this Agreement. Section 3—Payment of Purchase Price. Bu yer shall pay to Seller the Purchase Price as follows: 3.1 Initial Deposit. As used herein, “the Initial Deposit” means the sum of $9,145,203.00, which shall be delivered by Buyer to Escrow Holder and released by Escrow Holder to Seller, as follows: 3.1.1 First Release. Within two Business Days following satisfaction or Buyer’s waiver of the pre-Closing condition precedent in Section 5.1.1 (Title Documents), Buyer shall deposit with Escrow Holder $500,000.00 of the Initial Deposit (“the First Release”). Within two Business Days following Escrow Holder’s receipt of (1) the First Release, (2) Seller’s wire transfer instructions, and (3) such escrow instructions signed by Seller and Buyer as Escrow Holder may reasonably require to release the First Release, Escrow Holder shall release to Seller First Release. The First Release shall (1) constitute independent consideration for Seller’s execution of this Agreement and allowing Buyer to disapprove or approve Buyer’s pre-Closing conditions in Section 5.1 in Buyer’s sole and unfettered discretion, (2) not be refundable to Buyer for any reason other than Seller’s breach of this Agreement, and (3) be applicable to the Purchase Price together with the balance of the Initial Deposit. Notwithstanding the foregoing, if the Land is encumbered by a deed of trust as of the Effective Date, then, as a further condition to Escrow Holder’s release to Seller of the First Release, Escrow Holder must be in possession of (1) a demand for payment from the beneficiary of such deed of trust, (2) a request for full reconveyance of such deed of trust from the beneficiary of such deed of trust, (3) an instruction from Buyer that allows Escrow Holder to pay such beneficiary’s demand for payment from the First Release, and (4) if the amount owed to such beneficiary exceeds the amount of the First Release, immediately available funds from Seller in an amount to pay the balance owed to such beneficiary in excess of the First Release and an instruction from Seller to use such funds to pay the remaining balance of the demand. 3.1.2 Second Release. Within two Business Days following (1) Escrow Holder’s confirmation of recording of the Memorandum of Agreement (defined below) and the Performance Deed of Trust (defined below) and (2) satisfaction or Buyer’s waiver of the pre- Closing conditions precedent for Buyer’s benefit in Section 5.1 below, Buyer shall deposit with Escrow Holder $5,500,000.00 of the Initial Deposit (“the Second Release”). Within two Business Days following Escrow Holder’s receipt of (1) the Second Release, (2) Seller’s wire transfer instructions, and (3) such escrow instructions signed by Seller and Buyer as Escrow Holder may reasonabl y require to release the Second Release, Escrow Holder shall release to Seller the Second Release. The Second Release shall be (1) applicable to the Purchase Price together with the First Release and balance of the Initial Deposit and (2) refundable if this Agreement is terminated under Section 5.4 or because of Seller’s breach. 3.1.3 Third Release. Within two Business Days following the date (1) Buyer has approved and Seller has executed the Prime Contract, as provided in the Project 2022/12/06 City Council Post Agenda Page 1006 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 7 Development Agreement, (2) Seller (and/or Prime Contractor) has obtained the insurance policies, payment bond(s), and performance bond(s), all in forms satisfactory to the City, required under the Project Development Agreement, and (3) Seller has delivered to Escrow Holder conditional assignments of the Prime Contract and all other assignment agreements required by this Agreement or the Project Development Agreement, all in forms satisfactory to the City, Buyer shall deposit with Escrow Holder the $3,145,203.00 balance of the Initial Deposit (“the Third Release”). Within two Business Days following Escrow Holder’s receipt of (1) the Third Release, (2) Seller’s wire transfer instructions, and (3) such escrow instructions signed by Seller and Buyer as Escrow Holder may reasonably require to release the Third Release, Escrow Holder shall release to Seller the balance the Third Release. The Third Release shall be (1) applicable to the Purchase Price together with the First Release and Second Release and (2) refundable if this Agreement terminated under Section 5.4 or because of Seller’s breach. 3.2 Project Development Agreement Payments. At such times that payments are due under the Project Development Agreement to Seller or Contractor, subject to any retention provisions, Buyer shall pay such amounts. The amounts paid by Buyer to Seller or Contractor under this section shall be credited to the Purchase Price. 3.3 Balance of Purchase Price. The balance of the Purchase Price shall be paid in immediately available certified funds at the Closing. Section 4—Escrow. Escrow Holder shall act as escrow under this Agreement. An executed copy of this Agreement shall be delivered to Escrow Holder by both parties within two Business Days following the date both parties sign this Agreement, and the parties hereby instruct Escrow Holder to act in accordance with the terms of this Agreement. Buyer and Seller shall execute such further escrow instructions as may be required by Escrow Holder to consummate the transactions contemplated by this Agreement, but in the event of any conflict between the provisions of such escrow instructions and this Agreement, the provisions of this Agreement shall control. 4.1 Buyer's Deliveries. In addition to the Initial Deposit, Buyer shall make the following deliveries to Escrow Holder: 4.1.1 Closing Payment and Costs. No later than 10:00 a.m. on the Target Closing Date, Buyer shall deliver to Escrow Holder immediately available funds in an amount equal to the sum of (1) the unpaid balance of the Purchase Price and (2) Buyer's costs, fees and prorations. 4.1.2 Buyer’s Closing Documents. No later than 3:00 p.m. of the last regular Business Day before the Target Closing Date, Bu yer shall deliver to Escrow Holder (1) an agreement (“the Library Assumption Agreement”) in form and content as Exhibit 8 attached hereto by which Buyer assumes the Library Obligation signed by Buyer’s duly authorized representative before a notary public and (2) such documents, if any, required by Title Company to release the Memorandum of Agreement and the Performance Deed of Trust. 4.2 Seller's Deliveries. Seller shall make the following deliveries: 2022/12/06 City Council Post Agenda Page 1007 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 8 4.2.1 Closing Deliveries to Escrow. No later than 3:00 p.m. of the last regular Business Day before the Target Closing Date, Seller shall deliver to Escrow Holder: 4.2.1.1 The Seller's Grant Deed. The Deed conveying the Real Property to Buyer, signed by Seller before a notary public, together with such additional documents as Title Company requires to issue the Title Policy, including, if applicable an owner's affidavit and a gap indemnity agreement. 4.2.1.2 General Assignment. A General Assignment in substantially the form and of content as Exhibit 4 signed by Seller. 4.2.1.3 Bill of Sale. A Bill of Sale in form and of content as Exhibit 5 signed by Seller. 4.2.1.4 Discharge of Encumbrances, Seller's Charges. If the funds deposited with Escrow Holder by Buyer are insufficient to (1) discharge all encumbrances other than the Permitted Encumbrances and (2) pay the charges to Seller's prorations, fees and costs, Seller shall deliver to Escrow Holder sufficient funds and instruments to discharge and pay such encumbrances and charges. 4.2.1.5 Affidavit of Non-Foreign Status. Declarations bearing Seller's signature pursuant to (1) Internal Revenue Code section 1445, confirming that Seller is not a foreign person and (2) California Revenue and Taxation Code section 18662, confirming whether this transaction is subject to California at-source withholding. The declaration under Internal Revenue Code section 1445 shall be substantially in form and of content as Exhibit 6 attached hereto. If this transaction is subject to withholding under Internal Revenue Code section 1445, California Revenue and Taxation Code section 18662, or other applicable law requiring at-source withholding with respect to the Purchase Price payable to Seller, Seller authorizes Escrow Holder to comply with such laws and withhold from Seller the portion of the Purchase Price required to be withheld to comply with such laws. If the cash proceeds otherwise payable to Seller at the Closing are insufficient to satisfy the amount required to be withheld, then, on or before 3:00 p.m. on the Business Day preceding the Target Closing Date, Seller shall deposit with Escrow Holder immediately available funds in an amount such that, with the other cash funds payable to Seller at the Closing, Escrow Holder shall have sufficient funds to satisfy the withholding requirement. 4.2.1.6 Reconfirmation of Representations. A written statement signed by Seller that confirms that, during the period from the Effective Date to the Closing Date, nothing has occurred (and Seller has not become aware of an y facts) that, to Seller's actual knowledge, causes any of the Seller's representations and warranties contained in this Agreement to be materially untrue and that, to Seller's actual knowledge, all of the representations and warranties contained in this Agreement remain true and are reconfirmed as of the Closing Date; however, Seller's written statement may except any occurrences or facts as to which Seller has, prior to the Closing, delivered to Buyer written notice and, as provided below, Buyer has, 2022/12/06 City Council Post Agenda Page 1008 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 9 nevertheless, elected to proceed with the Closing. The written statement shall be substantially in form and content as Exhibit 7 attached hereto. 4.2.1.7 Library Assumption Agreement. A counterpart of the Library Assumption Agreement signed by Seller’s duly authorized representative. 4.2.2 Additional Deliveries. 4.2.2.1 Due Diligence Documents. Within two Business Days following the Effective Date, Seller shall deliver to Buyer or Buyer's agent the Due Diligence Documents. Such delivery may be accomplished by online access to one or more digital folders that contain copies of the Due Diligence Documents. Bu yer reserves the right to require production of original versions of Due Diligence documents where reasonably available. 4.2.2.2 Memorandum of Agreement. Within three Business Days following (1) satisfaction or Buyer’s waiver of the pre-Closing conditions precedent in Section 5.1 below and (2) satisfaction of the pre-Closing condition precedent in Section 5.3 below, Seller shall deliver to Escrow Holder (i) a Memorandum of Agreement in form and content as Exhibit 9 attached hereto (“the Memorandum of Agreement”) signed by Seller’s duly authorized representative before a notary public and (ii) instructions to Escrow Holder to record the Memorandum of Agreement. 4.2.2.3 Performance Deed of Trust. Within three Business Days following (1) satisfaction or Buyer’s waiver of the pre-Closing conditions precedent in Section 5.1 below and (2) satisfaction of the pre-Closing condition precedent in Section 5.3 below, Seller shall deliver to Escrow Holder (i) a Deed of Trust in form and content as Exhibit 10 attached hereto (“the Performance Deed of Trust”) signed by Seller’s duly authorized representative before a notary public and (ii) instructions to Escrow Holder to record the Performance Deed of Trust. Section 5—Pre-Closing Conditions Precedent. 5.1 Buyer’s Conditions Precedent. Buyer's obligations under this Agreement (including the obligation to deliver to Escrow Holder the Purchase Price) are subject to each of the following conditions precedent for Buyer’s benefit: 5.1.1 Title Documents. On or before the Title Review Date, Buyer shall have reviewed and approved a preliminary report issued by the Title Company pertaining to the Real Property with a copy of all instruments described in the preliminary report evidencing exceptions to title thereto (the preliminary report and copies of exceptions are referred to herein as the "Title Report"). As used herein, the term "Title Review Date" shall mean December 13, 2022. If, on or prior to the Title Review Date, Buyer delivers to Seller written notice of Buyer's disapproval of any of the encumbrances disclosed by the Title Report, then, within five Business Days following Seller's receipt of such notice, Seller shall provide to Buyer written notice of whether Seller shall eliminate such disapproved encumbrance(s) prior to or concurrently with the Closing. If Seller's responding notice states that all encumbrances disapproved by Buyer shall be 2022/12/06 City Council Post Agenda Page 1009 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 10 eliminated prior to or concurrently with the Closing, then (1) the condition under this paragraph shall be deemed satisfied and waived and (2) Seller shall, as a condition to the Closing, cause the disapproved encumbrance(s) to be eliminated. If Seller's responding notice states that one or more of the disapproved encumbrances shall not be eliminated prior to or concurrently with the Closing, then, for a period of ten Business Days following Buyer's receipt of Seller's responding notice, Bu yer may elect to (1) waive the disapproval of the encumbrance(s) and accept the encumbrance(s) as part of the Permitted Encumbrances or (2) terminate this Agreement as provided in Section 5.4 below. The exceptions to the Title Report approved by Buyer shall constitute "Permitted Encumbrances" for all purposes of this Agreement. If Title Company subsequently issues a supplement to the Title Report, Buyer shall have until the later of the Title Review Date or ten Business Days following Buyer's receipt of the supplement to review and approve or disapprove the matter disclosed in the supplement. If the matter disclosed in the supplement is not timely approved, then either party may terminate this Agreement, as provided in Section 5.4 below. If the matter disclosed in the supplement is timely disapproved, then it shall be subject to the same procedure described above for an item disclosed in the Title Report as to which Bu yer has delivered timely written notice of disapproval; however, Buyer shall not be obligated to disapprove any matter disclosed in a supplement that is a lien or other monetary encumbrance. 5.1.2 Buyer's Feasibility. On or before expiration of the Due Diligence Period, Buyer shall have reviewed and approved Buyer's feasibility analysis of Buyer's proposed purchase and development of the Property, including Buyer's review and approval of the Due Diligence Documents, the physical condition of the Property, feasibility of Buyer's proposed development, and existing permits and approvals. From and after the Effective Date, Buyer and its agents, employees, and contractors shall be afforded reasonable access to the Property during normal business hours upon reasonable notice to Seller for the purpose of making such investigations as Buyer deems prudent with respect to the physical condition of the Property. Buyer shall indemnify and hold harmless Seller and the Property from all claims, liens, losses, damages, fines, and liabilities (including court costs and attorney's fees) arising from Buyer's entry upon the Property; however, Buyer shall not be obligated to indemnify Seller for the negligence or willful misconduct of Seller and/or Seller’s agents, employees, or contractors. 5.1.3 Waiver of Option. On or before expiration of the Due Diligence Period, Escrow Holder shall have received (1) a written agreement signed by SLF IV’s duly authorized representative before a notary public by which SLF IV agrees to rescind any and all rights SLF IV may have to purchase the Real Property pursuant to the Option and Right of First Refusal and (2) such other documents as Title Company may require to issue the Title Policy without the Memorandum of Option and Right of First Refusal as an exception to coverage. 5.1.4 Confirmation of State Funding Availability. On or before expiration of the Due Diligence Period, Buyer shall have entered into contracts with the State of California on terms acceptable to Buyer in its sole discretion, providing for no less than $30,000,000.00 in funding that can used, in a timely manner, for Buyer’s acquisition and development of the Library Building, or Buyer’s payments towards other cost components of the Purchase Price. 2022/12/06 City Council Post Agenda Page 1010 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 11 5.1.5 Lease Agreement with SDSU. On or before expiration of the Due Diligence Period, Buyer shall have entered into a lease agreement with San Diego State University (“SDSU”) for SDSU’s occupancy of at least 50,000 gross square feet of the Library Building on substantially the terms set forth in that certain Memorandum of Understanding [SDSU Film and TV Production Studios Project Chula Vista] between Buyer and SDSU, dated effective September 2, 2022. 5.1.6 Early Work. Developer shall perform complete the Early Work in a manner that allows the City of Chula Vista, in its regulatory capacity (not as Bu yer under this Agreement) to have inspected and approved the Early Work on or before February 28, 2023. 5.2 Satisfaction/Waiver. Buyer may unilaterally disapprove or waive any pre-Closing condition described in Section 5.1 above in Buyer's sole and unfettered discretion. Satisfaction or waiver of a pre-Closing condition shall be effective only if the satisfaction or waiver is (1) in writing and (2) delivered to Seller. 5.3 Seller’s Condition Precedent--Waiver of Option. Seller’s obligations under this Agreement are subject to the condition precedent for Seller’s benefit that, on or before January 31, 2023, Escrow Holder shall have received (1) a written agreement signed by SLF IV’s duly authorized representative before a notary public by which SLF IV agrees to rescind any and all rights SLF IV may have to purchase the Real Property pursuant to the Option and Right of First Refusal and (2) such other documents as Title Company may require to issue the Title Policy without the Memorandum of Option and Right of First Refusal as an exception to coverage. 5.4 Termination of this Agreement. In the event any of the pre-Closing conditions precedent described in Sections 5.1 and 5.3 above is not timely satisfied or waived within the time periods provided above, either party may terminate this Agreement by delivering to the other party a notice of termination; however, if Seller delivers to Buyer a notice of termination with respect to one or more of the conditions precedent in Section 5.1 above, then Seller's notice of termination shall not be effective if, within 20 Business Days following Seller's delivery to Buyer of the notice of termination, Buyer delivers to Seller Buyer's written waiver of the condition(s) that, as of the date of delivery of Seller's notice of termination, had not previously been timely satisfied or waived. If this Agreement is terminated as provided in the preceding sentence, then (1) all costs incurred by Escrow Holder shall be borne by the party responsible for such costs as provided herein, (2) if the Memorandum of Agreement has been recorded, Buyer shall cause to be recorded a release of the Memorandum of Agreement, (3) if the Performance Deed of Trust has been recorded, Buyer shall cause to be recorded a release of the Performance Deed of Trust, (4) Seller shall retain the First Release, (5) if Escrow Holder has delivered to Seller the Second Release, then Seller shall refund to Buyer the Second Release, (6) Escrow Holder shall refund to Buyer the remaining balance, if any, of the Initial Deposit held by Escrow Holder (including the amount designated for the Second Release if Escrow Holder did not deliver to Seller the Second Release), (7) Buyer shall reimburse Seller for the costs incurred by Seller to perform the Early Work, and (8) thereafter, no party shall have any further rights or obligations under this Agreement other than Buyer's indemnity obligation in Section 5.1.2 above. 2022/12/06 City Council Post Agenda Page 1011 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 12 Section 6—The Closing. The parties further agree: 6.1 Conditions to Closing. Escrow Holder shall accomplish the Closing on the Target Closing Date by (1) filing for record the Deed (and such other documents as may be necessary to procure the Title Policy) and (2) delivering funds and documents to the parties when all of the following conditions have been satisfied: 6.1.1 Deliveries. All funds and documents required to be delivered to Escrow Holder have been delivered to Escrow Holder. 6.1.2 Pre-Closing Conditions. All of the conditions precedent set forth in Section 5.1 and Section 5.3 have been, or upon Closing shall be, satisfied or waived in the manner specified in said sections. 6.1.3 Owner’s Title Policy. Escrow Holder can procure from Title Company the Title Policy with liability in the amount of the Purchase Price, insuring that fee title to the Real Property vests in Buyer subject only to: 6.1.3.1 General and special real estate taxes and assessments that are, as of the Closing, not delinquent. 6.1.3.2 Supplemental taxes, if any, pursuant to California Revenue and Taxation Code section 75, et seq., that are assessed and pertain to the period of time after the Closing. 6.1.3.3 The Permitted Encumbrances. 6.1.3.4 All encumbrances voluntarily imposed by Buyer, including the Library Assumption Agreement. 6.1.4 Acceptance of Improvements. Provided Buyer has not delivered an Early Closing Notice (defined below), Acceptance shall have occurred, as provided under the terms of the Project Development Agreement. 6.1.5 Performance. Seller and Buyer shall have performed any and all other material obligations to be performed prior to the Closing by Seller and Buyer, respectively, under the terms of this Agreement. 6.2 Delayed Closing. If the Closing has not occurred prior to the Target Closing Date, then a party not in breach may deliver to the other party written notice ("a Termination Notice") to terminate this Agreement. If (1) a party delivers a Termination Notice and (2) the Closing does not occur within ten Business Days following delivery of the Termination Notice, then the following shall apply: 2022/12/06 City Council Post Agenda Page 1012 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 13 6.2.1 If the Closing fails to occur as a consequence of a material breach by the party receiving the Termination Notice, then this Agreement shall terminate, and the non- breaching party shall have the remedies in Section 11 below. 6.2.2 If the Closing fails to occur as a consequence of a failure of a condition precedent and neither party is in default, then this Agreement shall terminate; however, the party receiving the Termination Notice may postpone termination of this Agreement for ten additional Business Days if such receiving party delivers to the sending party a written notice (“a Postponement Notice”) electing to postpone termination of this Agreement. A Postponement Notice must be delivered by the receiving party to the sending party withing ten Business Days following the receiving party's receipt of the Termination Notice. If the conditions to Closing are satisfied within such additional ten Business Days, then the Closing shall occur. If the conditions to Closing are not satisfied within such additional ten Business Days, then this Agreement shall terminate. If this Agreement terminated under this section, then (1) Buyer shall deliver to Seller such documents as may be required to release the Memorandum of Agreement and Performance Deed of Trust, (2) Buyer shall pay all Reimbursable Project Costs accrued through the termination date, and (3) if amount of the Second Release exceeds the total Reimbursable Project Costs incurred prior to the termination date, then Seller shall refund to Buyer the amount of such excess. 6.2.3 Notwithstanding the foregoing, if (1) Seller delivers to Buyer a Termination Notice or (2) Bu yer could deliver to Seller a Termination Notice, but elects not to do so, then (i) Buyer may waive any of Closing conditions in Section 6.1 and complete the Closing and (ii) if a party is in breach of such party's obligations under this Agreement, then the other party shall retain all remedies and the consequences of such breach shall be resolved after the Closing. Section 7—Closing Costs, Prorations. Expenses in connection with the transactions contemplated by this Agreement shall be paid as follows: 7.1 Seller's Costs. Seller shall pay for the following: 7.1.1 Customary seller's recording and filing fees. 7.1.2 The documentary transfer tax, if any, due on the conveyance and sale of the Property to Buyer. 7.1.3 The portion of the cost of the Title Policy attributable to a CLTA owner's standard coverage policy of title insurance without endorsements. 7.1.4 The cost to obtain a natural hazards disclosure report (e.g., flood plain, earthquake, etc.) from a reputable company selected by Seller. 7.1.5 One-half of Escrow Holder's fees. 7.2 Bu yer's Costs. Buyer shall pay for the following: 2022/12/06 City Council Post Agenda Page 1013 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 14 7.2.1 Customary buyer's recording and filing fees. 7.2.2 The portion of the cost of the Title Policy in excess of the cost to be paid by Seller, as provided above. 7.2.3 One-half of Escrow Holder's fees. 7.3 Prorations. All non-delinquent real property taxes and other items of expense pertaining to the Property shall be prorated between Seller and Buyer as of the Closing Date. 7.3.1 Time of Prorations. Prorations shall be made as of 12:01 a.m. on the Closing Date, with Buyer to be charged for all expenses for such day. All prorations shall be final, except as otherwise provided herein. 7.3.2 Unknown Amounts. If the amount of any prorated item is not known at Closing, the parties agree that such item shall be (1) prorated at Closing upon the basis of the best information available and (2) adjusted when the actual amount of such item is known, with appropriate charges and credits to be made. If subsequent to the Closing any adjustment pursuant to this section is required, then either party hereto entitled to payment shall invoice the other party for such amount as may be owing, and such amount shall be paid within 10 days following receipt of the invoice. The provisions of this section shall survive the Closing. 7.3.4 Dispute re Purchase Price. If as of the Target Closing Date the exact amount of the Reimbursable Project Costs cannot be determined with certainty because of a dispute or otherwise, then (1) the Closing shall not be delayed, (2) Buyer may withhold from the Closing deposit of the balance of the Purchase Price an amount reasonably estimated to be the uncertain or disputed amount, and (3) Seller and Buyer shall resolve the uncertainty or dispute after the Closing. 7.3.5 Property Expenses. Pending the Closing Date, Seller shall pay Property Expenses and Buyer shall reimburse Seller for Property Expenses within 30 days following Buyer’s receipt from Seller of an invoice therefor along with such evidence reasonably required by Buyer of the nature and amount of the Property Expenses for which Seller seeks to be reimbursed. Buyer’s reimbursement of Property Expense shall not be applicable to the Purchase Price. Section 8—Representations, Warranties, and Covenants. Buyer and Seller further agree as follows: 8.1 Disclaimer of Warranties. Except as provided in this Agreement, or in the Project Development Agreement, Buyer acknowledges and agrees that Seller has not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present, or future, of, as to, concerning, or with respect to the Property. 2022/12/06 City Council Post Agenda Page 1014 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 15 8.2 Seller's Representations and Warranties. Seller hereby represents and warrants to Buyer as of the Effective Date: 8.2.1 Authority and Organization. Seller has all requisite power and authority to execute this Agreement and consummate the transactions contemplated by this Agreement. Seller is a limited partnership duly organized, validly existing, and in good standing under the laws of California, is duly authorized to do business in and in good standing in California, and has all requisite power and authority to own the property that Seller now owns. 8.2.2 Litigation. To the best of Seller's knowledge, after reasonable inquiry, no actions, suits or proceedings are pending or threatened against or affecting Seller or the Property in any court at law or in equity or before or by any governmental department, commission, board, bureau, agency or instrumentality, an adverse decision in which might materially affect the Property or Seller's ability to perform Seller's obligations under this Agreement. 8.2.3 No Violation of Restrictions. Seller has not received written notice of any violation of any zoning or subdivision ordinances or regulations, building codes, regulations, restrictive covenants or other restrictions to which the Property is subject. 8.2.4 Rights of Others. Other than the Option and Right of First Refusal, no person or entity has any option or right of first refusal that is still effective to acquire all or any portion of the Property. 8.2.5 Payment of Cost for Labor and Materials. All sums payable by Seller by reason of any labor or materials heretofore furnished with respect to the Property have been, or, subject to Buyer’s payment of the Purchase Price, prior to Closing shall be, paid; however, if a dispute exists in connection with such sums so payable that results in a recorded lien against the Property, Seller shall record a lien release bond under Civil Code section 8424 with respect to any recorded claim of lien encumbering the Property and, upon recording such bond, Seller’s representation in this section shall be deemed to be accurate. 8.2.6 Creditors. Seller has not (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Seller's creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Seller's assets, (iv) suffered attachment or other judicial seizure of all, or substantially all, of Seller's assets, or (v) admitted in writing Seller's inability to pay Seller's debts as they become due. 8.2.7 Seller Not a Foreign Person. Seller is not a foreign person within the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1954, as amended, and Seller shall furnish to Buyer, prior to Closing, an affidavit confirming the same. 8.2.8 Due Diligence Documents. To the best of Seller's actual knowledge, the Due Diligence Documents delivered by Seller to Buyer are complete copies of the originals of 2022/12/06 City Council Post Agenda Page 1015 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 16 such documents. Further, such documents contain no material misstatements or omissions of fact known by Seller with respect to the Property to the best of Seller’s actual knowledge. 8.2.9 Hazardous Materials. To the best of Seller's actual knowledge except as disclosed in the Due Diligence Documents, there are and have not been any Hazardous Materials on, under or about the Property in violation of any federal, state, or local law, ordinance or regulation promulgated thereunder relating to Hazardous Materials, including soil and groundwater conditions. As used herein, the term "Hazardous Materials" shall mean (a) "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste," as defined in Chapter 6.5 of Division 20 (Section 25100, et seq.) of the California Health and Safety Code, as amended, or any successor statute, (b) "hazardous substance," as defined in the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601, et seq.), as amended, or any successor statute, (c) "hazardous material," as defined in the Hazardous Materials Transportation Act (49 U.S.C. section 1801, et seq.), as amended, or any successor statute, (d) "hazardous waste," "solid waste," "sludge," "used oil," "recycled oil," "lubricating oil," and "re-refined oil," as defined in the Resource Conservation and Recovery Act of 1976 (42 U.S.C. section 6901, et seq.), as amended, or any successor statute, (e) "hazardous substance," as defined in the Carpenter-Presley-Tanner Hazardous Substance Account Act, Chapter 6.8 of Division 20 (Section 25300, et seq.) of the California Health and Safety Code, as amended, or any successor statute, (f) "hazardous substance," as defined in Chapter 6.7 of Division 20 (Section 25280, et seq.) of the California Health and Safety Code, as amended, or any successor statute, (g) "hazardous material," "hazardous substance," or "hazardous waste," as defined in Chapter 6.95 of Division 20 (Section 25501, et seq.) of the California Health and Safety Code, as amended, or any successor statute, (h) "hazardous substance," as defined in Clean Water Act (33 U.S.C. section 1251, et seq.), as amended, or any successor statute, (i) asbestos or products containing asbestos or (j) any substances, materials or wastes listed in (1) the United States Department of Transportation Hazardous Materials Table (49 C.F.R. section 172.101), as amended, (2) the Environmental Protection Agency List (40 C.F.R. Part 302), as amended, or (3) the list published in Title 26 of the California Administrative Code, as amended. 8.2.10 Physical Condition of the Property. To the best of Seller's actual knowledge, except as disclosed in the Due Diligence Documents, Seller represents that there are no material defects in the physical condition of the Land that would prevent or inhibit the development of the Land with the Improvements. 8.3 Survival of Covenants, Representations and Warranties; Seller's Knowledge. 8.3.1 Survival. All of the covenants, representations and warranties of Seller set forth in Section 8.2 shall survive the Closing and the delivery of the Deed; however, if, after the Closing, Buyer discovers a breach of any representation or warranty in Section 8.2, then any action by Buyer for breach of such representation or warranty under Section 8.2 must be commenced within two (2) years after the Closing. 8.3.2 Pre-Closing Remedies. If either party discovers (1) any material misrepresentation of Seller or any material breach of Seller's representations or warranties 2022/12/06 City Council Post Agenda Page 1016 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 17 hereunder or (2) a change in circumstances occurs that causes one or more of Seller's representations above to be materially untrue, then, the party making such discovery shall promptly provide to the other party notice of such discovery. If after the Effective Date and prior to the Closing Buyer discovers (by notice from Seller or otherwise) (1) any material misrepresentation of Seller or any material breach of Seller's representations or warranties hereunder or (2) a change in circumstances occurs that causes one or more of Seller's representations above to be materially untrue, then the following shall apply: 8.3.2.1 Termination for Misrepresentation. If Buyer discovers a material misrepresentation or material breach of Seller's representations or warranties (i.e., not a change of circumstances), by receipt of a notice from Seller, or otherwise, then for a period of 45 days following Buyer's discovery of the material misrepresentation, Buyer shall have the right to terminate this Agreement by delivering to Seller written notice of Buyer's election to terminate, and, if Buyer elects to terminate this Agreement, then, subject to the waiver of consequential damages below, Buyer shall have all rights and remedies arising out of such misrepresentation. Bu yer's failure to deliver written notice to terminate or, in the alternative, some other form of resolution while reserving Buyer’s right to terminate, prior to the expiration of such 45-day period shall be deemed to be Buyer's election not to terminate this Agreement. If, notwithstanding Buyer's discovery of a misrepresentation by Seller, Buyer elects to not to terminate this Agreement, unless the parties otherwise agree in writing, such election shall, upon the Closing, constitute a waiver by Buyer of any and all claims relating to such misrepresentation. 8.3.2.2 Change of Circumstances. If (1) after the Effective Date a change of circumstances occurs that causes one of Seller’s representation to become materially untrue and (2) such change of circumstances does not arise out of Seller’s negligence, willful misconduct, or breach of this Agreement, then this Agreement shall remain in full effect and the parties’ obligations shall remain unchanged (i.e., Buyer shall not have a right to terminate this Agreement or adjustment to the Purchase Price following such change of circumstances). If (1) after the Effective Date a change of circumstances occurs that causes one of Seller’s representation to become materially untrue and (2) such change of circumstances arises out of Seller’s negligence, willful misconduct, or breach of this Agreement, then Buyer shall have the same rights under Section 8.3.2.1 as if such change of circumstances were a material misrepresentation by Seller. 8.3.3 Seller's Knowledge. For purposes of this Agreement, the terms "to the best of Seller's actual knowledge" and similar terms or phrases shall mean the actual, present knowledge of Lee M. Chesnut, Susan Guerra, and Mary Kay Jordan (each a "Seller's Knowledge Party") following investigation of files in Seller's possession or control, but shall not include any duty of additional investigation. Seller represents and warrants that Seller's Knowledge Parties are the representatives on behalf of Seller who have the best involvement and responsibility for the Property so as to have such knowledge. Notwithstanding the foregoing, in no event is any personal liability to be asserted against or in any manner assumed by a Seller's Knowledge Party, who is acting solely as Seller's representative. 2022/12/06 City Council Post Agenda Page 1017 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 18 8.4 Seller's Pre-Closing Covenants. Seller hereby covenants and agrees with Buyer that, pending the Closing or termination of this Agreement: 8.4.1 No Granting of Interest in Property. Except as may be reasonably required to complete the Improvements (e.g., utility easements) and subject to Buyer’s prior written consent, which consent shall not be unreasonably withheld, Seller shall not grant to or purport to create any interest in the Property to any third party or any entity holding title to the Property. Notwithstanding the foregoing, without Buyer’s prior written consent, which consent may be withheld in Buyer’s sole and unfettered discretion, Seller shall not encumber the Property with any mortgage, deed of trust, or other lien to secure any loan(s) made to Seller. 8.4.2 Notice of Assessment/Violation. Promptly after Seller becomes aware thereof, Seller shall notify Buyer in writing of (1) any levy or threatened levy of any pre-Closing governmental assessment affecting the Property and/or (2) any alleged violation of any law, regulation, ordinance, order or other requirement of any governmental authority (including but not limited to the City) affecting any of the Property. 8.4.3 Access to Books and Records. Upon reasonable notice, Buyer shall be afforded access during normal business hours to all books and records in Seller's custody or control that relate to the Property, including any and all documents related to construction of the Improvements. Notwithstanding the foregoing, Seller shall not be obligated to give Buyer access to Seller's tax returns, Seller's internal appraisals of value of the Property, if any, or documents that pertain to Seller's internal management of Seller's corporate, partnership or limited liability company affairs. 8.4.4 Project Development Agreement; Completion of the Improvements. Seller shall (1) perform Seller’s obligations under the Project Development Agreement and (2) following (i) issuance of the Building Permit and (ii) release to Seller of the Initial Deposit, use commercially reasonable efforts to cause Contractor to complete the Improvements in accordance with the Improvements Plans and Specifications and within the time periods specified in the Construction Schedule. 8.4.5 Insurance and Bonds. Commencing on the date Contractor commences construction of the Improvements, Seller shall maintain in force (and cause Contractor to maintain in force) the policies of insurance and bonds described in the Project Development Agreement. 8.5 Buyer’s Pre-Closing Covenants. Buyer hereby covenants and agrees with Seller that, pending the Closing or termination of this Agreement, Buyer shall (1) perform Buyer’s obligations under the Project Development Agreement and (2) use commercially reasonable efforts to timely respond to Seller’s and Contractor’s requests for information and approvals related to the Improvements. 8.6 Mutual Indemnity. 2022/12/06 City Council Post Agenda Page 1018 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 19 8.6.1 Seller’s Indemnity. Seller shall defend, indemnify and hold harmless Buyer and Buyer’s Parties from and against any and all claims, losses, liabilities, fines, penalties and damages (including reasonable attorney's fees and other costs of defense) arising out of or relating to (1) Seller's ownership of the Property prior to the Closing Date or (2) Seller’s breach of Seller’s obligations under this Agreement; however, nothing contained in this section shall be construed to limit or otherwise affect (1) Seller’s warranty obligations under the Project Development Agreement or (2) Seller’s express representations contained in this Agreement that survive the Closing. As used herein, “Buyer’s Parties” means Buyer’s elected and appointed officers and officials, agents, employees, and representatives. 8.6.2 Buyer’s Indemnity. Buyer shall defend, indemnify and hold harmless Seller and Seller’s Parties from and against any and all claims, losses, liabilities, fines, penalties and damages (including reasonable attorney's fees and other costs of defense) arising out of or relating to (1) Buyer's ownership of the Property after the Closing Date or (2) Buyer’s breach of Buyer’s obligations under this Agreement; however, nothing contained in this section shall be construed to limit or otherwise affect (1) Seller’s warranty obligations under the Project Development Agreement or (2) Seller’s express representations contained in this Agreement that survive the Closing. As used herein, “Seller’s Parties” means Buyer’s agents, employees, partners, managers, and officers. Section 9—Possession. Subject to the rights of parties having the benefit of any Permitted Encumbrances that create possessory interests, if any, Seller shall deliver possession of the Property as required under the Project Development Agreement; however, Buyer's authorized representatives shall have reasonable access to the Property for the purposes of (1) satisfaction of any conditions precedent to the Closing contained herein and (2) Buyer's becoming familiar with the physical condition of the Property and inspecting the Improvements during construction thereof. Section 10—Buyer’s Option re Early Closing. Buyer shall have the option, at any time and without cause, to complete the Closing prior to the Target Closing Date. To exercise such option, Buyer shall deliver to Seller a written notice (an “Early Closing Notice") that states (1) Buyer elects to complete the Closing prior to the Target Closing Date and (2) the date on which Buyer wants to complete the Closing, which date shall be not less than three weeks following the date Seller received the Early Closing Notice and not more than six weeks following the date Seller received the Early Closing Notice. If Buyer delivers an Early Closing Notice, then the following shall apply: 10.1 Target Closing Date. The Target Closing Date shall be the date specified by Buyer in the Early Closing Notice. 10.2 Assignment of Contracts; Continued Performance. On the Closing Date, Seller shall assign to Buyer and Buyer shall assume Seller’s rights and obligations under the Prime Contract, the Design Contract, and all other contracts executed by Seller relating to the Improvements to the extent that all obligations under such contracts have not been fully performed as of the Closing Date (the Prime Contract, the Design Contract, and such other contracts are herein collectively referred to as “the Executory Contracts”). Without limiting 2022/12/06 City Council Post Agenda Page 1019 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 20 the generality of the foregoing, Buyer shall assume Seller’s rights and obligations under the Executory Contracts to pay all amounts that (1) are accrued, but unpaid, as of the Closing Date and (2) accrue on and after the Closing Date. Pending the Closing Date, Seller shall continue to perform Seller’s obligations under the Executory Contracts and this Agreement. Buyer shall indemnify and hold harmless Seller from all obligations that arise under the Executory Contracts on and after the Closing Date and Seller shall defend, indemnify, and hold harmless Buyer from all obligations that were required to be performed by Seller or liabilities that arose as a result of Seller’s negligence or willful misconduct prior to the Closing Date. On the Closing Date, Seller shall also (1) assign to Buyer all rights Seller may have under the performance bond described in the Project Development Agreement and (2) deliver to Buyer a written list and description of all claims, in any, that may then be pending or threatened in connection with construction of the Improvements. 10.3 Purchase Price. To calculate the Purchase Price, the amounts related to the Buildings Cost, Tenant Improvements Cost (if any), Parking Structure Cost, and Site Work Cost components shall be the amounts paid by Buyer under the terms of the Project Development Agreement with respect to such components prior to the Closing Date. 10.4 Delivery of Documents. On the Closing Date (or as soon as practicable thereafter), Seller shall deliver to Buyer all documents in Seller’s possession related to construction of the Improvements. To the extent practicable, Seller shall deliver to Buyer the Job Close-Out Deliveries for Improvements completed up to the Closing Date; however, Seller shall not be obligated to deliver any Job Close-Out Deliveries that are not due or otherwise available as of the revised Target Closing Date (e.g., Seller shall not be obligated to deliver to Buyer a lien release from Contractor for the final payment or Improvements not yet constructed and paid for under the terms of the Project Development Agreement). 10.5 Developer/Construction Supervision Fees. On the Closing Date, Buyer shall pay to Seller the amount, if any, of accrued, but unpaid, Construction Supervision Fee and Developer Fee under the Project Development Agreement, however, if such amount cannot be accurately calculated as of the Closing Date, then such amount shall be estimated as of the Closing Date and a reconciliation shall be completed promptly following the Closing Date. Seller shall not be entitled to any Construction Supervision Fee or Developer Fee with respect to the cost to complete the Improvements that accrues after the Closing Date. 10.6 Effect of Exercise of Option on Buyer’s Remedies for Seller’s Breach. If Seller breaches Seller's obligations under this Agreement, Buyer may exercise Buyer’s option under this section without impairing Buyer’s remedies against Seller arising out of such breach. Section 11—Breach and Remedies. 11.1 Breach. A party shall be in breach under this Agreement if (1) such party is in breach of such party’s obligations under the Project Development Agreement or (2) such party fails to perform such party's obligations under this Agreement and such failure continues for ten Business Days following such party’s receipt from the other party of written notice of such failure; however, if such failure cannot reasonably be cured within such ten Business Day 2022/12/06 City Council Post Agenda Page 1020 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 21 period, such party shall not be in breach if such party commences to cure within such ten Business Day period and thereafter diligently proceeds to cure such failure. 11.2 Seller’s Remedies. If Buyer is in breach of Buyer’s obligations under the Project Development Agreement, then Seller shall have Seller’s remedies provided in the Project Development Agreement. If Buyer is in breach of Bu yer’s obligations under this Agreement, then, subject to the waiver below, Seller shall have all rights and remedies allowed under applicable law. 11.3 Buyer’s Remedies. If Seller is in breach of Seller’s obligations under the Project Development Agreement, then Buyer shall have Buyer’s remedies provided in the Project Development Agreement. If Seller is in breach of Seller’s obligations under this Agreement, then, subject to the waiver below, Buyer shall have all rights and remedies allowed under applicable law, including specific performance and/or foreclosure of the Performance Deed of Trust. 11.4 Waiver. Notwithstanding anything in this Agreement to the contrary, in no event shall either party be entitled to recover from the other party any punitive, consequential, or speculative damages. Section 12—Condemnation. In the event of commencement of a condemnation proceeding relating to the Property, Buyer may terminate this Agreement if Buyer reasonably determines that such condemnation will adversely affect Buyer's intended use of, or access to, the Property. Buyer's option to terminate this Agreement as a consequence of such condemnation must be exercised by Buyer's delivery to Seller of written notice within 120 days following the date Buyer first receives notice of the condemnation. If Buyer timely terminates this Agreement as a consequence of such condemnation, Buyer and Seller may each assert all claims against the condemning authority arising out of such condemnation. If Buyer does not terminate this Agreement, Buyer and Seller shall complete the Closing in accordance with this Agreement, all rights to condemnation proceeds otherwise payable to Seller on account of such condemnation shall be assigned to Buyer at Closing, and, pending Closing, Seller shall not settle such matters with the condemnor without Buyer's consent; however, if such condemnation impairs Seller’s performance of Seller’s obligations under the Project Development Agreement, such condemnation shall be a Force Majeure Event (as defined in the Project Development Agreement). Section 13—Casualty. If (1) prior to the Closing Date the Improvements are damaged by fire or other casualty and (2) Buyer does not elect to deliver an Early Closing Notice, then (i) this Agreement shall remain in effect (i.e., neither party shall have the right to terminate this Agreement as a consequence of such casualty), (ii) an equitable adjustment shall be made to the Reimbursable Project Costs and Construction Schedule, as provided in the Project Development Agreement following a Force Majeure Event (as defined in the Project Development Agreement), and (iii) all insurance proceeds payable as a consequence of the casualty shall be applied to the cost to repair, restore, and complete the Improvements. If (1) prior to the Closing Date the 2022/12/06 City Council Post Agenda Page 1021 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 22 Improvements are damaged by fire or other casualty and (2) Buyer elects to deliver an Early Closing Notice, then (i) the Closing shall occur on the amended Target Closing Date specified in the Early Closing Notice and (ii) pending the Closing Date, Buyer shall have the right to (a) direct continuation of the work to complete the Improvements, including repair of the damage caused by the casualty, (b) direct that work to complete the Improvements be suspended, (c) negotiate with the insurance carrier(s) that issued the casualty insurance policy(ies), and (d) direct the use of all insurance proceeds payable with respect to the casualty. Section 14—Miscellaneous Provisions. 14.1 Time Is of the Essence. Time is hereby expressly declared to be of the essence of this Agreement. 14.2 No Waiver. Any failure to insist upon strict performance of any of the terms and provisions of this Agreement shall not constitute or be deemed to be a waiver of any such term or provision or constitute an amendment or waiver of any such term or provision by course of performance, and each party, notwithstanding any failure to insist upon strict performance, shall have the right thereafter to insist upon the strict performance of any and all of the terms and provisions of this Agreement. 14.3 Survival of Terms. Except as provided herein, all of the agreements, representations, warranties and obligations of the parties set forth in this Agreement shall survive the Closing and the conveyance of the Property to Buyer and shall continue thereafter to be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and permitted assigns. 14.4 Brokerage. Seller and Buyer represent that no brokers are involved in the transaction described in this Agreement and that no brokerage commissions or finder's fees are or shall be payable hereunder. If any claim is made by any third party for the payment of any commission or fee, then the party whose acts gave rise (or are alleged to have given rise) to such claim shall indemnify, defend and save harmless the other party for the full amount of such claim and all other claims, demands, actions, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) filed against or incurred by such other party as a result of such claim. 14.5 California Law/Venue. This Agreement shall be governed by and construed under the laws of California. Any action commenced to enforce or interpret this Agreement shall be filed in San Diego County only. 14.6 Attorneys' Fees. If an action is commenced by either party to enforce or interpret this Agreement, then the prevailing party shall be entitled to recover from the other party reasonable attorney's fees in addition to any other relief that may be awarded in such action. 14.7 Interpretation of Contract. The parties acknowledge that both parties have caused this Agreement to be reviewed and approved by legal counsel of their own choice. 2022/12/06 City Council Post Agenda Page 1022 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 23 14.8 No Other Agreements. This Agreement, along with the agreements referenced herein and attached hereto, are the sole agreements between the parties related to the subject matter hereof. Any and all prior oral or written representations, correspondence, letters of intent and agreements are merged into and superseded by this Agreement and shall be of no force or effect. Any modifications of this Agreement must be in writing and signed by the parties hereto. 14.9 Tax-Deferred Exchange. Seller may desire to effect a tax-deferred exchange under Internal Revenue Code section 1031 in connection with the sale or purchase of the Property. In connection therewith, Buyer agrees to execute such documents as are reasonably necessary or appropriate and to otherwise cooperate with the other to effectuate such exchange, provided Buyer and Buyer’s representatives shall have a reasonable opportunity to review such documents prior to Closing and Seller shall bear any and all escrow or other costs arising directly or indirectly from such exchange transaction. Seller hereby indemnifies and holds free and harmless Buyer from any liability (including the tax ramification to the party effecting the exchange) arising by reason of performing the acts required hereby to effectuate such exchange, except insofar as any such liability is attributable to Buyer’s failure party to perform as required hereunder. Buyer shall not be required to take title to or otherwise assume any liability with respect to the property to be exchanged with the Property. 14.10 Partial Invalidity. If any provision hereof is held invalid or not enforceable to its fullest extent, such provision shall be enforced to the extent permitted by law, and the validity of the remaining provisions hereof shall not be affected thereby. 14.11 Nominee/Assignee of Buyer. Buyer shall have the right to assign all of Buyer's right, title, and interest under this Agreement to any entity or entities, whereupon such assignee or assignees shall succeed to all of Bu yer's rights and obligations hereunder; however, Seller shall not be required to bear any additional cost and expense or incur any additional liability or obligation or otherwise suffer any adverse effect as a consequence of such assignment in excess of the costs, expenses, liabilities, obligations and other effects that would have been applicable if the Property were acquired by Buyer. Such assignment shall not relieve Buyer of any obligations under this Agreement. To accommodate timely and efficient execution and preparation of the documents to be delivered at the Closing, Buyer shall deliver to Seller and Escrow Holder, at least five Business Days prior to the Target Closing Date, the name and signature block for the assignee. 14.12 Exhibits. All exhibits, if any, to this Agreement are incorporated herein by reference. 14.13 Notices. All notices, requests, demands or documents that are required or permitted to be given or served hereunder shall be in writing and delivered by (1) personal delivery, (2) Federal Express (or other similar overnight delivery service furnishing proof of delivery), (3) registered or certified mail, postage prepaid, or (4) email, addressed as follows: 2022/12/06 City Council Post Agenda Page 1023 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 24 To Seller at: Lee M. Chesnut 1155 Camino Del Mar, PMB 525 Del Mar, California 92014 Telephone: 858-523-0694 Email: Lee@chesnutproperties.com With Copy to: F. Sigmund Luther, Esq. 5333 Mission Center Road, Suite 360 San Diego, California 92108 Telephone: 619-239-0755 Email: sig.luther@gmail.com To Buyer at: Attn: City Manager City of Chula Vista 276 Fourth Avenue, Building A Chula Vista, CA 91910 Telephone: (619) 691-5031 Email: mkachadoorian@chulavistaca.gov With Copy to: City Attorney City of Chula Vista 276 Fourth Avenue, Building A Chula Vista, CA 91910 Emails:ggoogins@chulavistaca.gov cityattorney@chulavistaca.gov Such addresses may be changed from time to time by the addressee by serving notice as heretofore provided. Service of such notice or demand shall be deemed complete on the date of actual delivery as shown by the addressee's registry or certification receipt or at the expiration of the third day after the date of mailing (whether or not actually received by the addressee), whichever is earlier in time. Notices delivered by email shall be deemed to have been given at the time of transmission; however, notices sent after 5:00 p.m., Pacific Time, shall be deemed received on the next following Business Day. 14.14 Headings of Sections. The headings of sections and subsections herein are inserted only for convenience and reference and shall in no way define, limit or describe the scope or intent of any provision of this Agreement. 14.15 Date of Performance. If the date of performance of any obligation or the expiration of any time period provided herein falls on a day other than a Business Day, then such obligation shall be due and owing and such time period shall expire on the first Business Day thereafter. Except as may otherwise be set forth herein, any performance provided for herein shall be timely made if completed not later than 5:00 p.m. on the day of performance. If a provision of this Agreement specifies a time of day by which an act shall be performed, such 2022/12/06 City Council Post Agenda Page 1024 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 25 time of day shall be determined by reference to Pacific Standard Time or Pacific Daylight Time, as may then be applicable. 14.16 Counterparts; Electronic Signatures. This Agreement may be executed in any number of identical counterparts, any or all of which may contain the signatures of fewer than all of the parties, and all of which shall be construed together as but a single instrument. Signatures to this Agreement accomplished electronically (e.g., Docusign) and/or transmitted by electronic transmission (e.g., fax or email) shall be valid and effective to bind the parties so signing and/or transmitting. 14.17 Conflict. If a conflict exists between the terms of this Agreement and the terms of the Project Development Agreement, then the terms of the Project Development Agreement shall prevail. Signature Page Follows 2022/12/06 City Council Post Agenda Page 1025 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V11 26 Signature Page to Purchase and Sale Agreement Seller: LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager Buyer: City of Chula Vista By Mary Casillas Salas, Mayor Approved as to Form: Glen R. Googins, City Attorney Schedule of Exhibits Exhibit 1 Legal Description Exhibit 2 List of Due Diligence Documents Exhibit 3 Grant Deed Exhibit 4 General Assignment Exhibit 5 Bill of Sale Exhibit 6 Declaration under Internal Revenue Code section 1445 Exhibit 7 Reconfirmation of Representations Exhibit 8 Library Assumption Agreement Exhibit 9 Memorandum of Agreement Exhibit 10 Performance Deed of Trust Exhibit 11 Project Development Agreement 2022/12/06 City Council Post Agenda Page 1026 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 1 Page 1 of 1 Exhibit 1 Legal Description Real property in the City of Chula Vista, County of San Diego, State of California, described as follows: LOT 7 OF CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER), IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16081, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2015. APN: 643-060-57-00 2022/12/06 City Council Post Agenda Page 1027 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 2 Page 1 of 1 Exhibit 2 List of Due Diligence Documents The Due Diligence Documents consist of the documents that can be accessed by the following link as of the Effective Date: https://www.dropbox.com/sh/b95jrmxfion7f9a/AABETnSoZOH18MFmEvnft_HPa?dl=0 2022/12/06 City Council Post Agenda Page 1028 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 3 Page 1 of 3 Exhibit 3 Grant Deed RECORDING REQUESTED BY: WHEN RECORDED RETURN AND MAIL TAX STATEMENTS TO: Assessor's Parcel No. 643-060-57-00 Title Order No. _____________ The undersigned declares: Documentary Transfer Tax is $__________ Computed on full value of property conveyed, or Computed on full value less value of liens or encumbrances remaining at time of sale. Unincorporated area X City of Chula Vista Grant Deed For valuable consideration, the receipt of which is hereby acknowledged, LMC-Millenia Investment Company, L.P., a California limited partnership, hereby grants to City of Chula Vista all of that certain real property located in Chula Vista, San Diego County, California, and legally described in Exhibit A, attached hereto and incorporated herein by this reference. Dated: _________, 20__ LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager 2022/12/06 City Council Post Agenda Page 1029 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 3 Page 2 of 3 Exhibit A Legal Description of the Property Real property in the City of Chula Vista, County of San Diego, State of California, described as follows: LOT 7 OF CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER), IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16081, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2015. APN: 643-060-57-00 2022/12/06 City Council Post Agenda Page 1030 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 3 Page 3 of 3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 20__, before me, , a notary public, personally appeared Lee M. Chesnut, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entit y upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 2022/12/06 City Council Post Agenda Page 1031 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 4 Page 1 of 1 Exhibit 4 General Assignment This General Assignment ("Assignment") dated __________, 20__, is executed by LMC-Millenia Investment Company, L.P., a California limited partnership ("Assignor"), in favor of City of Chula Vista ("Assignee"). Assignor is the owner of that certain land legally described as: LOT 7 OF CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER), IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16081, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2015. (APN: 643-060-57-00) Such land has been improved with buildings and other improvements (collectively “the Real Property”). The Real Property is concurrently being conveyed by Assignor to Assignee pursuant to a grant deed . For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, assigns, transfers, conveys and delivers to Assignee, without warranty, all of Assignor's right, title, interest, benefits and privileges, if any, in and to the following: 1. All governmental entitlements, permissions, environmental clearances, rights, licenses and permits that relate to all or any of the Real Property. 2. All general intangibles relating to the development or use of the Real Property, including all guaranties and warranties related to improvements constructed on the Real Property. LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager 2022/12/06 City Council Post Agenda Page 1032 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 5 Page 1 of 1 Exhibit 5 Bill of Sale This Bill of Sale dated __________, is executed by LMC-Millenia Investment Company, L.P., a California limited partnership("Seller"), in favor of City of Chula Vista ("Buyer"). A. Seller and Buyer entered into that certain Purchase and Sale Agreement dated as of __________ ("the Purchase Agreement"), respecting the sale of the real property that includes the land legally described as follows: LOT 7 OF CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER), IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16081, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2015. (APN: 643-060-57-00) B. Under the Purchase Agreement, Seller is obligated to transfer to Buyer any and all of Seller's right, title and interest in and to all equipment, appliances, tools, machinery, supplies, building materials and other personal property of every kind and character owned by Seller and attached to, appurtenant to, located in or used in connection with the operation of the Improvements (as defined in the Purchase Agreement), if any (collectively, "the Personal Property"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller does hereby absolutely and unconditionally give, grant, bargain, sell, transfer, set over, assign, convey, release, confirm and deliver to Buyer, without warranty express or implied, all of the Personal Property. LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager 2022/12/06 City Council Post Agenda Page 1033 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 6 Page 1 of 1 Exhibit 6 Declaration under Internal Revenue Code Section 1445 The undersigned hereby declares: 1. LMC-Millenia Investment Company, L.P. is a limited partnership organized and in good standing under the laws of California. 2. The taxpayer identification number for LMC-Millenia Investment Company, L.P. is 81-0762246. 3. LMC-Millenia Investment Company, L.P. is not a foreign person, as defined in Internal Revenue Code of the United States. 4. LMC-Millenia Investment Company, L.P. is not a disregarded entity as defined in Section 1.1445-2(b)(2)(iii) of the Internal Revenue Code of the United States. 5. The office address of LMC-Millenia Investment Company, L.P. is 1155 Camino Del Mar, PMB 525, Del Mar, California 92014. I declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed ____________, 20__, at San Diego, California. LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager 2022/12/06 City Council Post Agenda Page 1034 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 7 Page 1 of 1 Exhibit 7 Reconfirmation of Representations This Reconfirmation, dated _____________, 20__, is executed by LMC-Millenia Investment Company, L.P., a California limited partnership ("Seller"), for the benefit of City of Chula Vista ("Buyer"). Pursuant to that certain Purchase and Sale Agreement ("the Purchase Agreement") between Buyer and Seller dated _________, 2022, Seller hereby confirms that during the period from the Effective Date to the Closing Date, nothing has occurred and Seller has not become aware of any facts that, to Seller's actual knowledge, cause any of the Seller's representations and warranties contained in the Purchase Agreement to be materially untrue, and, to Seller's actual knowledge, all of the representations and warranties contained in the Purchase Agreement remain true and are reconfirmed as of the Closing Date except __________. Defined (capitalized) terms used in this Reconfirmation shall have the same meanings as defined in the Purchase Agreement. LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Le e M. Chesnut, Manager 2022/12/06 City Council Post Agenda Page 1035 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 8 Page 1 of 4 Exhibit 8 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: LMC-Millenia Investment Company, L.P. 1155 Camino Del Mar, PMB 525 Del Mar, California 92014 Order No.: _____________________________________________________________________________ Agreement Regarding Assumption of Obligation to Construct Library This Agreement, dated __________, 20__, is executed by City of Chula Vista ("City"), and LMC-Millenia Investment Company, L.P., a California limited partnership ("LMC"), with reference to the following facts: A. McMILLIN OTAY RANCH, LLC, a Delaware limited liability company (“McMillin”) and City entered into the “Development Agreement by and between the City of Chula Vista and McMillin Otay Ranch LLC,” recorded October 27, 2009 as Document No. 2009-0595116 of Official Records of the San Diego County Recorder (the “Development Agreement”). The Development Agreement relates to what was then called the “EUC” project and is now known as “Millenia.” B. By an assignment, memorandum and confirmations recorded February 22, 2011 as Document No. 2011-0098720 of Official Records of the San Diego County Recorder, McMillin assigned its rights and transferred its obligations under the Development Agreement to SLF IV/McMILLIN MILLENIA JV, LLC, a Delaware limited liability company (“SLFMM”). SLFMM changed its name to SLF IV – Millenia, LLC (“SLF IV”) by amendments filed in Delaware on March 4, 2015, and in California on March 9, 2015. C. Section 4.3.1 and Exhibit D of the Development Agreement impose certain obligations on Principal Master Developer relating to a library in EUC (the “Library Obligations”). D. By that certain Agreement Regarding Consent to Partial Assignment and Transfer of Development Agreement recorded February 16, 2016, as Document No. 2016-0064898 of Official Records of San Diego County, California, LMC assumed the Library Obligations. E. LMC wishes to sell to a City the real property described in Exhibit A attached hereto (“Lot 7”), which property is subject to the Library Obligations. 2022/12/06 City Council Post Agenda Page 1036 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 8 Page 2 of 4 F. Section 10.2.2 of the Development Agreement allows, on certain conditions, the assignment of rights and interests and the transfer or delegation of “some or all” of the obligations of “Master Developer” thereunder to another “Master Developer.” This Agreement is intended to accomplish that assignment and transfer/delegation as to Lot 7 and the Library Obligations. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Assumption. City hereby accepts all of Principal Master Developer’s rights and assumes all of SLF IV’s duties pursuant to the Development Agreement as (and only as) those rights and duties relate to LMC’s obligations with respect to Lot 7 and the Library Obligations. City shall fulfill the role of the “Master Developer” under the Development Agreement with regard to Lot 7 and the Library Obligations. 2. Release. City hereby releases LMC from all of LMC’s duties pursuant to the Development Agreement as (and only as) those duties relate to Lot 7 and the Library Obligations. 3. Status. Solely as to Lot 7, City is hereby designated the “Master Developer” under the Development Agreement. 4. Interpretation. Except as separately defined herein, all defined terms used in this Consent shall have the same meanings as in the Development Agreement. This Consent effectuates the Development Agreement and thus does not constitute, and shall not be deemed to constitute, an amendment thereto. Signature Page Follows 2022/12/06 City Council Post Agenda Page 1037 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 8 Page 3 of 4 Signature Page to Agreement Regarding Assumption of Obligation to Construct Library LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager City of Chula Vista By Print Name: Title: Schedule of Exhibits Exhibit A—Legal Description 2022/12/06 City Council Post Agenda Page 1038 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 8 Page 4 of 4 Exhibit A Legal Description of the Property Real property in the City of Chula Vista, County of San Diego, State of California, described as follows: LOT 7 OF CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER), IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16081, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2015. APN: 643-060-57-00 2022/12/06 City Council Post Agenda Page 1039 of 1285 Chesnut\Millenia Lo t 7 Sale 2022\Purchase Agreement V10 Exhibit 9 Exhibit 9 RECORDING REQUESTED BY: Chicago Title Company WHEN RECORDED RETURN TO: City Attorney City of Chula Vista 276 Fourth Avenue, Building A Chula Vista, CA 91910 Assessor's Parcel No. APN: 643-060-57-00 Title Order No.__________________ The undersigned declares: Documentary Transfer Tax is $0.00—This document is recorded solely to impart constructive notice; no transfer is made by the recording of this document. X Computed on full value of property conveyed, or Computed on full value less value of liens or encumbrances remaining at time of sale. Unincorporated area X City of Chula Vista Memorandum of Agreement By recording this Memorandum, LMC-Millenia Investment Company, L.P., a California limited partnership (“Seller”), being the owner of the real property (“the Property”) in the City of Chula Vista, County of San Diego, State of California, legally described in Exhibit A attached hereto, provides constructive notice that Seller and City of Chula Vista (“Buyer”), have entered into a written agreement pursuant to the terms and subject to the conditions thereof Seller agrees to sell and Buyer agrees to buy the Property. Dated: _____________, 2023 LMC-Millenia Investment Company, L.P. a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager 2022/12/06 City Council Post Agenda Page 1040 of 1285 Chesnut\Millenia Lo t 7 Sale 2022\Purchase Agreement V10 Exhibit 9 Exhibit A Legal Description of the Property LOT 7 OF CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER), IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16081, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2015. (APN: 643-060-57-00) 2022/12/06 City Council Post Agenda Page 1041 of 1285 Chesnut\Millenia Lo t 7 Sale 2022\Purchase Agreement V10 Exhibit 9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 20__, before me, , a notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 2022/12/06 City Council Post Agenda Page 1042 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 10 Page 1 of 7 Exhibit 10 Performance Deed of Trust RECORDING REQUESTED BY: Chicago Title Compan y WHEN RECORDED RETURN TO: City Attorney City of Chula Vista 276 Fourth Avenue, Building A Chula Vista, CA 91910 Assessor's Parcel No. APN: 643-060-57-00 Title Order No.__________________ _____________________________________________________________________________ Deed of Trust This Deed of Trust is made __________, 2023, by LMC-Millenia Investment Company, L.P., a California limited partnership, herein called TRUSTOR, whose address is 1155 Camino Del Mar, PMB 525, Del Mar, California 92014, Chicago Title Company, herein called TRUSTEE, and City of Chula Vista, herein called BENEFICIARY. Witnesseth that Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property ("the Property") in the City of Chula Vista, County of San Diego, State of California, legally described in Exhibit A attached hereto. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by Paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor herein contained. 2. Performance of Trustor’s obligations that certain Purchase and Sale Agreement dated ________________, 2022 (“the Purchase Agreement”), between Trustor, as Seller, and Beneficiary, as Buyer, by which, among other things, Seller agreed to sell and Buyer agreed to buy the Property. To Protect the Security of This Deed of Trust, Trustor Agrees: 2022/12/06 City Council Post Agenda Page 1043 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 10 Page 2 of 7 (1) To keep the Property in good condition and repair, and to pay when due all claims for labor performed and materials furnished therefor, to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon, not to commit or permit waste thereof, not to commit, suffer or permit any act upon the Property in violation of law. (2) To provide maintain and deliver to Beneficiary the bonds and insurance policies required to be delivered under the Purchase Agreement. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee and to pay all costs and expenses including cost of evidence of title and attorney's fees in a reasonable sum in any such action or proceeding in which Beneficiary or Trustee may appear and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay at least ten days before delinquency all taxes and assessments affecting the Property, including assessments on appurtenant water stock, when due, all encumbrances, charges and liens, with interest, on the Property or any part thereof, which appear to be prior or superior hereto, all costs, fees and expenses of this Trust. If Trustor fails to make any payment or do any act as herein provided, then Beneficiary, without the obligation to do so, without notice to or demand upon Trustor, and without releasing Trustor from any obligation hereof, may make such payment or do such act in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary is authorized to enter upon the Property for such purposes, to appear in and defend any action or proceeding purporting to affect the securit y hereof or the rights or powers of Beneficiar y, to pay, purchase, contest or compromise any encumbrance, charge or lien that in Beneficiary's judgment appears to be prior or superior hereto, and, in exercising any such powers, to pay necessary expenses, employ counsel and pay reasonable fees incurred by Beneficiary. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. (6) That any proceeds of casualty insurance or award of damages in connection with any condemnation for public use of or injury to the Property or any part thereof shall be used and applied as provided in the Purchase Agreement. (7) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive Beneficiary's rights either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (8) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed for endorsement and without affecting the personal liability of any person for payment of the indebtedness secured 2022/12/06 City Council Post Agenda Page 1044 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 10 Page 3 of 7 hereby, Trustee may reconvey any part of the Property, consent to the making of any map or plot thereof, join in granting any easement thereon, or join in any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of Beneficiary stating that all obligations secured hereby have been fully performed and upon surrender of this Deed to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "The person or persons legally entitled thereto." (10) That Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of the Property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of an y agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of the Property or any part thereof, in Beneficiary's own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (11) That upon default by Trustor in the performance of any obligation secured hereby, Beneficiary may cause Trustee to exercise the power of sale contained herein by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold the Property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the terms hereof, 2022/12/06 City Council Post Agenda Page 1045 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 10 Page 4 of 7 not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof, all other sums then secured hereby, and the remainder, if any, to the person or persons legally entitled thereto. (12) Beneficiary may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. Whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. (15) If at any time without Beneficiary's written consent, which consent may be withheld in Beneficiary's sole discretion without a standard of reasonableness, (1) the Property, any part of the Property, or any undivided interest in the Property (i) is sold, transferred or otherwise conveyed by Trustor either voluntarily or by operation of law or (ii) becomes the subject of a contract or a grant of option for the sale, transfer or conveyance thereof (other than the Purchase Agreement) or (2) the Property is or becomes the subject of a lease creating a leasehold interest in all of the Property without the lessee under such lease taking physical possession of the Property, then Beneficiary will have the option to declare, without giving notice or making a demand of any kind, that the entire indebtedness secured by this Deed of Trust is immediately due. (16) The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustor's address hereinbefore set forth. (17) If a conflict exists between the provisions of this Deed of Trust and the provisions of the Purchase Agreement, the provisions of the Purchase Agreement shall prevail. Signature Page Follows 2022/12/06 City Council Post Agenda Page 1046 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 10 Page 5 of 7 Signature Page to Deed of Trust LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager Schedule of Exhibits Exhibit A—Legal Description 2022/12/06 City Council Post Agenda Page 1047 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 10 Page 6 of 7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2023, before me, , a notary public, personally appeared Lee M. Chesnut, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 2022/12/06 City Council Post Agenda Page 1048 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 10 Page 7 of 7 Exhibit A—Legal Description Real property in the City of Chula Vista, County of San Diego, State of California, described as follows: LOT 7 OF CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER), IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16081, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2015. APN: 643-060-57-00 2022/12/06 City Council Post Agenda Page 1049 of 1285 Chesnut\Millenia Lot 7 Sale 2022\Purchase Agreement V10 Exhibit 11 Exhibit 11 Project Development Agreement 2022/12/06 City Council Post Agenda Page 1050 of 1285 PROJECT DEVELOPMENT AGREEMENT by and between THE CITY OF CHULA VISTA, a California charter city and municipal corporation, and LMC-Millenia Investment Company, L.P. a California limited partnership Dated as of December 6, 2022 2022/12/06 City Council Post Agenda Page 1051 of 1285 TABLE OF CONTENTS Page i ARTICLE I DEFINITIONS 1.1. Definitions ................................................................................................................................... ARTICLE II TERM 2.1. Term of Agreement ..................................................................................................................... ARTICLE III PROJECT 3.1. Scope of Project ........................................................................................................................... 3.2. Project Costs ................................................................................................................................ 3.3 Cost Increases .............................................................................................................................. 3.4 Cost Reporting ............................................................................................................................ ARTICLE IV CONSTRUCTION OF THE PROJECT 4.1. Commencement and Completion of the Project .......................................................................... 4.2. Project Schedule .......................................................................................................................... 4.3. Unavoidable Delay ...................................................................................................................... 4.4. Liquidated Damages ................................................................................................................... ARTICLE V PROCUREMENT REQUIREMENTS 5.1. Award of Sole-Sole Source Prime Contract ................................................................................ 5.2. Subcontractor Bid and Award Process ........................................................................................ 5.3. Bid Opening and Award .............................................................................................................. ARTICLE VI DESIGN AND CONSTRUCTION STANDARDS 6.1. Standard of Care .......................................................................................................................... 6.2. Compliance with Laws ................................................................................................................ 6.3. Compliance with Design and Construction Standards ................................................................ 6.4. City Approval Not a Waiver ........................................................................................................ 6.5 Site Safety; Security ................................................................................................................... 6.6. Public Right-of-Way .................................................................................................................. 6.7 Traffic Control ............................................................................................................................ 6.8 Maintenance ............................................................................................................................... 6.9 Construction Cooperation ........................................................................................................... ARTICLE VII PAYMENT OF PROJECT COSTS 7.1. Progress Payments ....................................................................................................................... 2022/12/06 City Council Post Agenda Page 1052 of 1285 TABLE OF CONTENTS (continued) Page ii 7.2. Final Payment .............................................................................................................................. ARTICLE VIII ACCEPTANCE OF IMPROVEMENTS 8.1. Acceptance of Project Improvements .......................................................................................... ARTICLE IX WARRANTIES 9.1. Enforcement of Warranties .......................................................................................................... 9.2. Term of Warranties...................................................................................................................... 9.3. Additional Warranties ................................................................................................................. ARTICLE X DEFECTIVE WORK 10.1. Correction, Removal, or Replacement ........................................................................................ 10.2. Extension of Warranty ................................................................................................................. 10.3. Right of City to Correct ............................................................................................................... 10.4. No Limitation on Other Remedies .............................................................................................. 10.5. Survival ....................................................................................................................................... ARTICLE XI SECURITY FOR CONSTRUCTION 11.1. Bonds ........................................................................................................................................... 11.2. Insolvency or Bankruptcy ............................................................................................................ 11.3. Calling a Bond ............................................................................................................................. 11.4. Bond Reimbursement .................................................................................................................. ARTICLE XII INDEMNITY AND DUTY TO DEFEND 12.1. General Indemnity ....................................................................................................................... 12.2. Damage to Other Properties ........................................................................................................ 12.3. Hazardous Materials Indemnity .................................................................................................. 12.4. Illegal Discharge to Storm Drains ............................................................................................... 12.5. Costs of Defense and Award ....................................................................................................... 12.6. Insurance Proceeds ...................................................................................................................... 12.7. Declarations ................................................................................................................................. 12.8. Survival ....................................................................................................................................... ARTICLE XIII INSURANCE REQUIREMENTS 13.1. Insurance Requirements .............................................................................................................. 13.2. Forms and Amounts of Coverage ................................................................................................ 13.3. General Requirements ................................................................................................................. 13.4. Waiver of Subrogation ................................................................................................................ 13.5. Survival ....................................................................................................................................... 2022/12/06 City Council Post Agenda Page 1053 of 1285 TABLE OF CONTENTS (continued) Page iii ARTICLE XIV RECORDS AND AUDITS 14.1. Retention of Project Records ....................................................................................................... 14.2. Audit of Records.......................................................................................................................... 15.3. Survival ....................................................................................................................................... ARTICLE XV TITLE TO ALTERATIONS AND IMPROVEMENTS 15.1. Title to Project ............................................................................................................................. 15.2. Survival ....................................................................................................................................... ARTICLE XVI LIENS 16.1. No Right to Bind Cityt ................................................................................................................ 16.2. Notice of Non-Responsibility ...................................................................................................... 16.3. Mechanics’ Liens......................................................................................................................... 16.4. City’s Right to Pay ...................................................................................................................... ARTICLE XVII TAXES 17.1. Tax Claims .................................................................................................................................. ARTICLE XVIII EVENTS OF DEFAULT AND REMEDIES 18.1. Developer Events of Default ....................................................................................................... 18.2. Remedies for Events of Developer Default ................................................................................. 18.3. City Events of Default ................................................................................................................. 18.4. Remedies for Events of City Default ........................................................................................... ARTICLE XIX MISCELLANEOUS PROVISIONS 19.1. Notices ......................................................................................................................................... 19.2. Captions ....................................................................................................................................... 19.3. Time of Essence .......................................................................................................................... 19.4. Partial Invalidity .......................................................................................................................... 19.5. Entire Agreement......................................................................................................................... 19.6. Joint and Several.......................................................................................................................... 19.7. Developer's Authority Attorneys’ Fees ....................................................................................... 19.8. Dispute Resolution ...................................................................................................................... 19.9. Governing Law ............................................................................................................................ 19.11. Modification ................................................................................................................................ 19.12. Counterparts ................................................................................................................................ 2022/12/06 City Council Post Agenda Page 1054 of 1285 TABLE OF CONTENTS (continued) Page iv 19.13. Drafting Presumption; Review Standard ..................................................................................... 19.14. Administrative Claims ................................................................................................................. 19.15. Non-liability of City Officials and Employees ............................................................................ 19.16. Further Assurances ...................................................................................................................... 2022/12/06 City Council Post Agenda Page 1055 of 1285 TABLE OF CONTENTS (continued) Page v LIST OF EXHIBITS EXHIBIT A LEGAL DESCRIPTION OF THE LAND ............................................................... EXHIBIT B DEPICTION OF THE LAND .................................................................................. EXHIBIT C PRELIMINARY ESTIMATE OF REIMBURSABLE PROJECT COSTS ............. EXHIBIT D PROCEDURES TO COMPLETE TENANT IMPROVEMENT PLANS AND SPECIFICATIONS, PARKING STRUCTURE PLANS AND SPECIFICATIONS, AND SITE WORK PLANS AND SPECIFICATIONS .................................................................................................. EXHIBIT E CONSTRUCTION REQUIREMENTS .................................................................... EXHIBIT F APPROVED PROJECT PLANS, DRAWINGS, AND SPECIFICATIONS .................................................................................................................................. EXHIBIT G APPROVED SUBCONTRACTOR BID AND AWARD PROCESS ..................... EXHIBIT H FORM: PAYMENT REQUEST ............................................................................... EXHIBIT I FORM: BEST QUALIFIED CONTRACTOR SUBCONTRACT AWARD APPROVAL ............................................................................................. 2022/12/06 City Council Post Agenda Page 1056 of 1285 9 PROJECT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LMC-MILLENIA INVESTMENT COMPANY, L.P. This PROJECT DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of December 6, 2022 (“the Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and LMC-Millenia Investment Company, L.P., a California limited partnership (the “Developer”) (collectively, the “Parties” and, individually, a “Party”), with reference to the following Recitals: RECITALS A. Developer is the owner of the Land (defined below), which is presently undeveloped. B. Developer has caused the preparation of certain Building Plans and Specifications (defined below) for the development of a multi-story Class A office building on the Land, and related improvements (the “Project”), and obtained building permits from the City for development thereof. C. Concurrently herewith, City and Developer are entering into that certain Purchase and Sale Agreement for City’s acquisition of the Land and the completed Project from Developer on the terms set forth therein. D. Developer has experience developing multi-story Class A office projects like the Project and has identified four (4) experienced prime contractors that have expressed interest in building the Project. E. On the terms set forth herein, City desires to engage Developer to develop the Project on the Land and possible additional related improvements (defined below, collectively, as the “Improvements”), with such development to occur in coordination with City’s acquisition of the Land and the completed Improvements from Developer under the terms of the Purchase Agreement. F. On the terms set forth herein, Developer (1) desires to cause the development and delivery of the Improvements to the City; and (2) acknowledges and agrees to comply with City’s procurement and project implementation requirements applicable to “Developer Performed Public Works” as more particularly described in Chula Vista Municipal Code Section 2.56.160(H) and herein. AGREEMENT NOW THEREFORE, in consideration of the above Recitals, the covenants , terms, and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the City and the Developer agree as follows: ARTICLE I DEFINITIONS The following terms shall have the following definitions in this Agreement: 2022/12/06 City Council Post Agenda Page 1057 of 1285 2 1.1. Acceptance. Duly authorized written notice provided by City to Developer that City has accepted an Improvement or the Improvements after Developer has performed and completed an Improvement or the Improvements in strict accordance with this Agreement and applicable law. 1.2. Amenity Building. The single-story building having a total area of approximately 5,850 square feet to be constructed on the Land, as more particularly described in the Buildings Plans and Specifications. 1.3. Architect. The entity of M. Arthur Gensler Jr.&. & Associates, Inc., a California corporation dba Gensler (“Gensler”), as architect, that prepared the Buildings Plans and Specifications under separate contract with the Developer. 1.4. Architect’s Certificate. A certification from Architect in the form of the Certificate of Architect attached as Exhibit 1 to the Payment Request. 1.5. Buildings. The Library Building and the Amenity Building. The Buildings shall be delivered in “warm shell” condition, as provided in the Buildings Plans and Specifications. 1.6. Building Costs. The City-approved costs incurred by Developer to construct the Buildings. 1.7. Buildings Plans and Specifications. The plans and specifications for construction of the Buildings prepared by Gensler pursuant to the Design Contract that have been submitted to and approved by the City of Chula Vista under permit application numbers B17-0654 (Library Building), B17-0656 (Amenity Building), and B17-0657 (Six Level Parking Structure), subject to any modifications as may be required by City, at City’s cost, in connection with any agreement reached with San Diego State University for modifications to the Library Building. The Buildings Plans and Specifications (1) do not include the plans and specifications for the Tenant Improvements and (2) each includes a portion of the existing design for the Site Work, which design will be subject to revision, as provided in Exhibit D. 1.8. Business Day(s). Any day other than a Saturday, Sunday, or legal holiday recognized in California. 1.9. City Delay. Any actual delay in achieving Substantial Completion of the Improvements caused by (1) City’s failure to act within the time periods required herein, excluding any delays caused by Developer’s failure to act or comply with its obligations hereunder and any Force Majeure Delay; (2) gross negligence or intentional misconduct by City materially affecting the performance of the work required to construct the Improvements, (3) changes requested by City to the scope of work for the Improvements after the commencement of construction thereof, other than change orders agreed upon by the Parties, or (4) City’s failure to timely pay when due all undisputed amounts owed by City to Developer. 1.10. City Parties. The City of Chula Vista and its elected and appointed offi cers, elected and appointed officers, agents, employees, and representatives. 1.11. Closing. As defined in the Purchase and Sale Agreement. 2022/12/06 City Council Post Agenda Page 1058 of 1285 3 1.12. Construction Supervision Fee. An amount equal to 3.5 percent of Hard Construction Costs payable by City to Developer under the terms hereof. 1.13. Commencement Date. The date, which shall be no later than November 1, 2023, in which Developer commences construction activities for the Project. 1.14. Complete and Completion. With respect to the Buildings, means that the Developer has obtained and delivered to City a certificate of occupancy or other evidence of issuance of final inspection approval for the Buildings from the City. With respect to the Site Work, means that the Developer has obtained and delivered to City evidence of issuance of final inspection approval for the Site Work from the City. With respect to the Tenant Improvements, that the Developer has obtained and delivered to City a certificate of occupancy or other evidence of issuance of final in spection approval for the Tenant Improvements. With respect to the Parking Structure, means that the Developer has obtained and delivered to City evidence of issuance of final inspection approval for the Parking Structure from the City. 1.15. Completion Date. The date, which shall be no later than July 1, 2025 in which Developer is required to complete the Project, which date shall be subject to adjustment for City Delay, Force Majeure Delay, and/or agreement of the Parties. 1.16. Cost Increase Event. An event, to the extent that such event is not caused by the active or passive negligence or willful misconduct of Developer or a Developer Party, and to the extent such event actually increases the budgeted costs for the development, design, construction, maintenance, or permitting of the Improvements, or a portion thereof, including the following: i. changes to the Project required by City or other governmental entity that are not the results of actions or omission of Developer or a Developer Party; ii. unforeseen Project site conditions; and iii. changes requested by City. 1.17. Defective Work. Any work, material, or equipment that does not conform to the Improvement Plans and Specifications or applicable Laws. 1.18. Design Contract. The contact dated December 13, 2016, between Developer, as owner, and M. Arthur Gensler Jr.&. & Associates, Inc., a California corporation dba Gensler (“Gensler”), as architect, pertaining to the preparation of the Building Plans and Specifications for the construction of the Buildings and all amendments to such contract. 1.19. Design and Construction Standards. The edition of the Design and Construction Standards adopted by the City for public works projects that is in effect when the Improvement Plans and Specifications are approved by the City. 1.20. Developer Fee. An amount equal to four percent of the Reimbursable Project Costs excluding Property Costs payable by City to Developer under the terms hereof. 1.21. Developer Parties. Developer, and the agents, employees, representatives, contractors, subcontractors, suppliers, materialmen, workmen, licensees, concessionaires, affiliates and successors and assigns of Developer. 2022/12/06 City Council Post Agenda Page 1059 of 1285 4 1.22. Early Work. The wet and/or dry utility work to be constructed on the Land as part of the Improvements, the scope of work for which is described in Exhibit D. 1.23. Escrow. First American Title Insurance Company. 1.24. Green Book. The publication entitled "Standard Specifications for Public Works Construction", 2021 edition, written and promulgated by Public Works Standards, Inc. 1.25. Guaranteed Maximum Price. The sum of the Library Building GMP, Amenity Building GMP, Tenant Improvement GMP, Parking Structure GMP, and Site Work GMP. 1.26. Hard Construction Costs. The City-approved Reimbursable Project Costs actually incurred by Developer for construction of the Improvements pursuant to the Prime Contract. 1.27. Hazardous Material. Any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, including, without limitation, asbestos and oil and petroleum products, which is a “Hazardous Material” or “Hazardous Substance” within the meaning of any applicable Law (including, but not limited to, hazardous substances as defined by Cal. Health & Safety Code § 25316 and anything that may result in contamination or pollution as defined by Cal. Water Code § 13050), and at any concentration that is subject to regulation under any Law relating to such Hazardous Material or Hazardous Substance. Notwithstanding any exclusion from the definition of hazardous substance or hazardous material in any applicable Law, Hazardous Material as defined herein includes any hydrocarbons, petroleum, petroleum products or waste and any other chemical, substance or waste, that is regulated by, or may form the basis of liability under, any federal, state, or local environmental laws. 1.28. Improvement. Individually the Library Building, the Amenity Building, the Tenant Improvements, the Parking Structure, and the Site Work. 1.29. Improvement Plans and Specifications. Collectively the Buildings Plans and Specifications, the Tenant Improvements Plans and Specifications, Parking Structure Plans and Specifications, and the Site Work Plans and Specifications. 1.30. Land. That certain fee simple parcel of land located in Chula Vista, California, more particularly described in Exhibit A and depicted in Exhibit B attached hereto. 1.31. Laws. All Federal, State, and local laws and regulations applicable to the Improvements, the Project, or the Land. 1.32. Library Building. The multi-story, multi-use office building having a total area of approximately 169,000 square feet to be constructed on the Land, as more particularly described in the Buildings Plans and Specifications. 1.33. Parking Structure. The parking structure, if any, to be constructed on the Land as part of the Improvements, which the design of which parking structure is described in Exhibit D. 1.34. Parking Structure Costs. The City-approved costs incurred by Developer to (1) modify the Six Level Structure Plans and (2) construct the Parking Structure. 2022/12/06 City Council Post Agenda Page 1060 of 1285 5 1.35. Parking Structure Plans and Specifications. Either the Six Level Structure Plans (as defined in Exhibit D or the Revised Parking Plans approved by City, as applicable. 1.36. Payment Request. A request from Developer to City requesting payment for Reimbursable Project Costs, in the form of the Payment attached as Exhibit H. 1.37. Prime Contract. The contract between Developer and Prime Contractor approved by City pertaining to construction of the Improvements other than the Tenant Improvements. 1.38. Prime Contractor. A party under contract with the Developer approved by City to perform the construction of the Project. 1.39. Project. Collectively the development, design, construction, maintenance, and permitting of the Improvements. 1.40. Purchase and Sale Agreement. That certain Purchase and Sale Agreement, dated December 6, 2022, between Developer, as Seller, and City, as Buyer, and by which Developer agrees to sell to City and City agrees to buy the Land and Improvements. 1.41. Reimbursable Project Costs. The City-approved direct Hard Construction Costs (excluding overhead costs) and Soft Costs (excluding overhead costs) incurred with respect to the development, design, construction, maintenance, and permitting of the Improvements that are reimbursable pursuant to the terms of this Agreement. Reimbursable Project Costs shall not include any overhead costs, the Construction Supervision Fee, Developer Fee, or any costs incurred prior to January 1, 2023. Reimbursable Project Costs shall include (1) reasonable fees charged by Architect in connection with certifying Payment Requests and (2) costs for required insurance and bonds. 1.42. Site Work. The improvements to be constructed on the Land outside of the Buildings and the Parking Structure, including driveways, sidewalks, and landscaping. 1.43. Site Work Costs. The City-approved costs incurred by Developer to (1) modify the existing plans pertaining to the Site Work and (2) construct the Site Work. 1.44. Site Work Plans and Specifications. The plans and specifications for the Site Work described in the Buildings Plans and Specifications and Six Level Structure Plans to be further developed pursuant to Exhibit D. 1.45. Soft Costs. Costs for the development of the Improvements that do not constitute Hard Construction Costs including engineering services (i.e., civil, dry utilities, Geotech/soils, staking/survey, structural, traffic, wet utilities), architectural design services (i.e., building(s), land planning/design, landscape architecture, payment request certificate) and entitlement and permitting fees (i.e, utility deposits and reimbursables.) 1.46. Substantial Completion. The phase of construction of the Improvements at which the Improvements have been completed in accordance with the Improvements Plans and Specifications, subject only to punch list items that do not materially impair City’s further improvement work or intended use of the Improvements. 1.47. Subcontractors. A party or parties under any subcontract with the Prime Contractor to perform work or provide supplies for the Improvements. 2022/12/06 City Council Post Agenda Page 1061 of 1285 6 1.48. Tenant Improvements. The improvements to the interior of the Buildings in excess of the “warm shell” specifications for the Buildings described in the Buildings Plans and Specifications. 1.49. Tenant Improvements Costs. The City-approved costs incurred by Developer to design and construct the Tenant Improvements. 1.50. Tenant Improvements Plans and Specifications. The plans and specifications for the Tenant Improvements to be developed pursuant to Exhibit D. ARTICLE II TERM 2.1. Term of Agreement. This Agreement shall become effective on the Effective Date, and the term of this Agreement (the “Term”) shall extend until Acceptance of the Project by City. The preceding sentence is not intended to and should not be interpreted to extinguish any of Developer’s obligations under this Agreement that expressly survive the expiration or termination of this Agreement. ARTICLE III PROJECT 3.1. Scope of Project. Developer shall furnish, or cause to be furnished, all services, equipment, tools, apparatus, facilities, incidentals, materials, labor, and skill necessary to develop, design, construct, maintain, and permit the Improvements in strict accordance with the Improvement Plans and Specifications, this Agreement, and applicable law. 3.2. Establishment of Guaranteed Maximum Prices (GMPs) for Project Improvements. 3.2.1. Preliminary Cost Estimate. Attached hereto as Exhibit C is a preliminary estimate of the Reimbursable Project Costs. Such preliminary estimate (1) is intended only to provide the Parties with a rough estimate of the Reimbursable Project Costs, (2) is not binding on either Party, and (3) has no effect on the determination of the Guaranteed Maximum Price . The actual Guaranteed Maximum Price for the Reimbursable Project Costs shall be established as provided herein. 3.2.2. Early Work. Promptly following the Effective Date, Developer shall solicit informal bids from Subcontractors to perform and Complete the Early Work. Upon City’s approval of bids and contract documents for the selected Subcontractor for construction of the Early Work, Developer shall execute a contract with the selected Subcontractor and cause the Early Work to be performed and Completed. The Early Work shall not be subject to the procurement requirements in Article V of this Agreement. Developer shall be compensated for performance of the Early Work in the same manner as provided in Article VII of this Agreement. 3.2.3. Library and Amenity Buildings. Promptly following selection of the Prime Contractor, Developer shall cause Prime Contractor to solicit bids from Subcontractors to perform the work described in the Buildings Plans and Specifications. Upon City’s approval of the Subcontractors’ bids for construction of the Buildings, Developer and Prime Contractor shall establish a guaranteed maximum price for the Buildings Cost (which for the Library Building is herein referred to as “the Library Building GMP” and for the Amenity Building “the Amenity Building GMP”), which 2022/12/06 City Council Post Agenda Page 1062 of 1285 7 guaranteed maximum price shall be subject to reasonable allowances for matters included in the scope of the work that cannot be established with certainty at that time. 3.2.4. Parking Structure. Promptly following City’s approval of the Parking Structure Plans and Specifications, Developer shall cause Prime Contractor to solicit bids from Subcontractors to perform the work described in the Parking Structure Plans and Specifications. Upon City’s approval of the Subcontractors’ bids for construction of the Parking Structure, Developer and Prime Contractor shall establish a guaranteed maximum price for the Parking Structure Cost, which guaranteed maximum price shall be subject to reasonable allowances for matters included in the scope of the work that cannot be established with certainty at that time. 3.2.5. Tenant Improvements. Promptly following execution of the TI Improvement Contract (as defined in Exhibit D), Developer shall cause Prime Contractor to solicit bids from Subcontractors to perform the work described in the Tenant Improvement Plans and Specifications. Upon City’s approval of the Subcontractors’ bids for construction of the Tenant Improvements, Developer and Prime Contractor shall establish a guaranteed maximum price for the Tenant Improvements Cost (“the Tenant Improvements GMP”) , which guaranteed maximum price shall be subject to reasonable allowances for matters included in the scope of the work that cannot be established with certainty at that time. 3.2.6. Site Work Cost. Promptly following City’s approval of the Site Work Plans and Specifications, Developer shall cause Prime Contracto r to solicit bids from Subcontractors to perform the work described in the Site Work Plans and Specifications. Upon City’s approval of the Subcontractors’ bids for construction of the Site Work, Developer and Prime Contractor shall establish a guaranteed maximum price for the Site Work Cost (“the Site Work GMP”), which guaranteed maximum price shall be subject to reasonable allowances for matters included in the scope of the work that cannot be established with certainty at that time. 3.2.7. GMP. As used herein, “GMP” shall mean the portion of the Guaranteed Maximum Price established for a portion of the Improvements, as such portion of the Guaranteed Maximum Price may be adjusted under the terms of this Agreement during the course of the Project. 3.3. Provision for GMP Increases. After the GMP has been established for a portion of the Improvements, the Reimbursable Project Costs for such Improvements shall not exceed such GMP unless such GMP has been increased, as provided herein. If Developer determines that the amount to be incurred or expended for the development, design, construction, maintenance, or permitting of an Improvement will exceed any respective GMP amount, Developer shall promptly notify the City in writing of the nature and amount of such increase (“Cost Increase Notice”). The Cost Increase Notice shall include: (a) the facts and circumstances related to the cost increase; (b) an itemized estimate of the cost increase; (c) a list of recommended changes to the Improvement or Project (e.g., deductive changes) which Developer believes could cause the cost to be at or below the current GMP, if any; (d) whether such increase constitutes a Cost Increase Event; and (e) a request that such additional costs be added to the applicable GMP. Developer shall not request and shall not be entitled to costs increases that result from Developer’s or Developer Parties’ negligence or willful misconduct. In response to a Cost Increase Notice the City, in its reasonable discretion, with written notice to Developer may either: (i) approve a cost increase in the applicable GMP, or (ii) direct that, if reasonable, Developer further value engineer, delete, or replace a component or subcomponents of an Improvement so that said Improvement can be constructed for the then current GMP amount. If there is a Cost Increase Event and City approves the cost increase as provided in this Section 3.3, the applicable GMP amount(s) shall 2022/12/06 City Council Post Agenda Page 1063 of 1285 8 be increased accordingly. Any cost increase approved in accordance with this Section 3.3 shall include a proportional increase in the penal sums of the payment bond for the Project. Developer shall be solely responsible for all losses, costs, and liabilities of any kind incurred by Developer, the Prime Contractor, and any Subcontractor engaged in the performance of the Project, and any party supplying material or equipment for the Project, that result in the Project costs in excess of the applicable GMP that are incurred without the prior written approval of the City as provided in this Section 3.3. City shall bear the risk of increases to the Guaranteed Maximum Price to the extent caused solely by City Delay, City Event of Default, or Force Majeure Events. Any approved Cost Increase Event for City Delay shall not include any additional overhead costs. 3.4. Cost Reporting. Developer shall, during the Term and, with respect to each record, for a period of three (3) years after the date such record is created, maintain customary records of Reimbursable Project Costs that are incurred by Developer in connection with the Project. Such records shall include, but are not limited to, a general ledger, vendor invoices, c ancelled checks, agreements with third-party contractors, and contractor progress payment billings. Developer shall furnish to City an itemized statement of the Reimbursable Project Costs incurred and paid by Developer in connection with the Project, as applicable, within thirty (30) days after Developer receives City’s request therefor. The statement shall be sworn to and signed by Developer as fairly representing the Reimbursable Project Costs incurred and paid by Developer. Should Developer perform any construction with its own personnel, Developer shall maintain the following records with respect to the actual work performed by its own personnel: a payroll journal, copies of cancelled payroll checks, and timecards or other payroll documents which show dates worked, hours worked, and pay rates. Books and records herein required shall be maintained and made available either at the Project site or at such other location in San Diego County, California as is reasonably acceptable to City. City shall have the right with 48 hours’ advanced notice and at reasonable times to examine and audit said books and records without restriction for the purpose of determining the accuracy thereof. ARTICLE IV PROJECT TIMELINES 4.1. Commencement and Completion of the Project. 4.1.1.1. Developer shall commence construction of the Project by no later than the Commencement Date and diligently prosecute the construction of the Project to Completion by the Completion Date. Developer acknowledges and agrees that, with the possible exception of anticipated cessation after the first inspection of Early Work, the cessation of construction of the Project for more than thirty (30) consecutive days, unless caused by a properly noticed and outstanding City Delay, a City Event of Default, or a Force Majeure Event (defined below), shall be deemed a failure by Developer to diligently prosecute the construction of the Project to Completion and shall constitute an Event of Default under this Agreement without further notice or cure right by Developer. 4.1.1.2. After the initial approval by the City, any c hanges to any of the Improvement Plans and Specifications must be approved by the City, in writing, in City’s sole and absolute discretion, and, once approved, shall be considered a part of the “Buildings Plans and Specifications”, “Parking Structure Plans and Specifications”, “Tenant Improvement Plans and Specifications”, and “Site Work Plans and Specifications”, respectively, for purposes of this Agreement. 2022/12/06 City Council Post Agenda Page 1064 of 1285 9 4.1.1.3. In constructing the Project, Developer shall comply with all construction requirements set forth in Exhibit E attached hereto and all Laws. 4.2. Project Schedule and Schedule Updates. 4.2.1. Planned Completion Date. The Project schedule shall indicate an anticipated completion date following the Commencement Date that is not later than the Completion Date (the “Planned Completion Date”). The Planned Completion Date may be extended in the event of a City Delay, a City Event of Default causing a delay, or a Force Majeure Delay, or other excusable delay expressly provided hereunder, provided that Developer duly requests a time extension for its performance as result of such delay in accordance with this Agreement. 4.2.2. Critical Path Method Schedules. Developer shall require that its Prime Contractor maintain a detailed, computer-generated, logic-driven, precedence style critical path method (“CPM”) schedule that is prepared with Primavera or other software and that includes all work related to the Project. Developer shall submit to City all schedules that Developer receives from its Prime Contractor in a format acceptable to the City. 4.2.3. Schedule Updates. Developer shall provide City with regular schedule updates, not less than monthly, which shall include: actual start dates; planned completion dates; and remaining duration of activities in progress. Developer shall promptly notify the City of any changes to the schedule. 4.3. Unavoidable Delay. Each of the Developer and City shall be entitled to an extension of the date of the performance of any obligation required of such Party under this Agreement upon the occurrence of a Force Majeure Event as and to the extent set forth in this section. (a) Definitions. The term “Force Majeure Event” means the occurrence of any of the following events, individually or in any combination, to the extent that (x) such event is beyond the reasonable control of the Developer or City, as applicable, that is asserting that a Force Majeure Event has occurred (the “Force Majeure Party”) and (y) such event prevents or impairs such Force Majeure Party from the timely performance of its obligations under this Agreement including acts of terrorists, war (whether declared or not) or national conflicts; strikes, lockouts, labor disputes, boycotts or work stoppages not caused by, or limited to work performed for, Developer; unusual and adverse extreme weather conditions; governmental restrictions, regulations, or controls adopted after the date of this Agreement that are applicable area-wide, not Project-specific (e.g. restrictions on construction hours); delays by utility companies in bringing utility service to the Project due to no fault of Developer or Prime Contractor; delays in obtaining or inability to obtain labor, materials or reasonable substitutes, beyond time periods typical for the area (despite exercising commercially reasonable efforts to obtain); damage to the Building caused by fire or other casualty such as earthquakes . The term “Force Majeure Delay” means delay in completion of the Improvements caused by a Force Majeure Event. (b) Calculation of Delay. Actual delays resulting from the occurrence of one or more Force Majeure Events occurring concurrently shall be calculated concurrently and not consecutively. (c) Exclusions. For purposes of this section, a Force Majeure Event shall not include adverse general economic or market conditions not caused by any of the events described in Section 4.3(a) above. 2022/12/06 City Council Post Agenda Page 1065 of 1285 10 (d) Notice and Acceptance Requirement. After the Force Majeure Party learns of any Force Majeure Event, the Force Majeure Party shall notify the other party in writing within ten (10) calendar days after the Force Majeure Party learns of, and in no event later than thirty (30) days after commencement of, a Force Majeure Event; however, a Force Majeure Party’s failure timely to provide such notice shall reduce the period of Force Majeure Delay and shall not preclude the Force Majeure Party from asserting whatever remedies may arise from the Force Majeure Event (e.g., if the Force Majeure Party delivered such notice 15 days after the Force Majeure Party learned of the Force Majeure Event, then the period of allowed delay attributable to the Force Majeure Event would be reduced by five days). Such notice (the “Initial Force Majeure Notice”) must be made in good faith and describe the Force Majeure Event creating delay, why such delay is occurring, the estimated expected duration of such delay, and the commercially reasonable efforts that the Force Majeure Party is taking to minimize the period of delay. Commencing on the date that is thirty (30) days after the date of the Initial Force Majeure Notice and for so long as the Force Majeure Event continues, the Force Majeure Party shall provide the other party with weekly written updates on the estimated expected duration of such delay and the efforts that the Force Majeure Party is taking to minimize the period of delay. Within thirty (30) days after the Force Majeure Event, the Force Majeure Par ty shall notify the other party in writing that the Force Majeure Event has ceased to exist and of the number of days by which Force Majeure Event has delayed the Project (the “Force Majeure Notice”). Within thirty (30) days after receipt of a Force Majeure Notice, the other party shall provide notice to the Force Majeure Party (the “Force Majeure Response”) that either (a) requires additional information to make a determination regarding the Force Majeure Party’s assertion of the existence of a Force Maje ure Event or the duration of the delay caused by the Force Majeure Event, (b) approves the Force Majeure Notice, or (c) denies some or all of the Force Majeure Notice. If the responding party denies some or all of the Force Majeure Notice, the parties will meet and confer in good faith within ten (10) days after the delivery of the Force Majeure Response to attempt to reach a mutually acceptable modification to the Force Majeure Notice that will result in approval of the Force Majeure Notice (“Meet & Confer Period”). If the Parties do not agree on a modification to the Force Majeure Notice during the Meet & Confer Period, the Force Majeure Party may elect to withdraw the Force Majeure Notice and if the Force Majeure Party does not withdraw the Force Majeure Notice, then the dispute shall be resolved by a court of competent jurisdiction. 4.4. Liquidated Damages. Developer’s failure to complete the Project by the Completion Date will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Project plus additional days duly authorized and approved in writing by the City, Developer shall pay City, or have withheld monies due it, an amount of $5,000 per day. Execution of this Agreement shall constitute agreement by City and Developer that the liquidated damage amount specified in the table above is the minimum value of the costs and actual damage caused by the failure of Developer to complete the Project within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Developer if such delay occurs. ARTICLE V PROCUREMENT REQUIREMENTS 5.1. Award of Sole-Sole Source Prime Contract. Pursuant to the findings of the Chula Vista City Council found in City Council Resolution ___________________, the Developer may award the prime contract to Prime Contractor for the construction of the Project subject to the terms and conditions of City Council Resolution ___________________, this Agreement, and applicable Laws. 2022/12/06 City Council Post Agenda Page 1066 of 1285 11 5.2. Subcontractor Bid and Award Process for the Project. Developer shall award subcontracts in strict compliance with the Chula Vista Municipal Code (CVMC) section 2.56.160(H),City Council Resolution No. ___________________, as further delineated in the bid and award process that is attached as Exhibit G, and in accordance with the terms of this Article V. 5.2.1. Best Qualified Contractor Subcontract Award. If applicable, Developer shall provide notice of its intention to award a subcontract to a “best qualified contractor” to City for City’s consideration. If approved by City, in City’s sole discretion, City shall evidence its approval of the Developer’s proposed best qualified subcontract award by delivering a signed Best Qualified Contractor Subcontract Award Approval in the form set forth in Exhibit I. 5.3. Bid Opening and Award. Developer shall provide the City with a copy of the tabulation of competitive bid results with respect to each contract and subcontract it intends to award for the Project. Developer shall provide the City with copies of all executed contracts awarded for the Project and Developer shall certify in writing to the City that such contracts were awarded in accordance with the process described in CVMC 2.56.160(H) and this Agreement. ARTICLE VI DESIGN AND CONSTRUCTION STANDARDS 6.1. Standard of Care. Developer will furnish efficient business administra tion and supervision and manage the implementation of the Project in an expeditious and economical manner consistent with City’s interests. Developer shall cause the Prime Contractor and all Subcontractors to construct the Improvements in a skillful and workmanlike manner and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer shall cause all professional consultants to perform their services in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the services in the same discipline in the State of California. 6.2. Compliance with Laws. 6.2.1. Developer’s Compliance with Laws. Developer and Developer Parties shall, in all activities on or in connection with the Land, the Project, or the Improvements, and in all uses thereof, including without limitation access to or presence on the Land, and construction of the Improvements, abide by and comply with, and cause all Developer Parties to abide by and comply with, all Laws. City shall not have any obligation or responsibilit y to cause Developer or Developer Parties to comply with Laws applicable to the Land, the Project, or the Improvements, or any use thereby by Developer or the Developer Parties. 6.2.2. Prevailing Wage. Developer acknowledges and agrees that: 6.2.2.1. Any construction, alteration, demolition, installation, or repair work, in each case for the Project, required or performed under this Agreement constitutes “public work” under California Prevailing Wage Law, including Labor Code §§ 1720 through 1861, et seq. (“PWL”), and obligates Developer to cause such work to be performed as “public work,” including, but not limited to, the payment of applicable prevailing wages to all persons subject to the PWL. 2022/12/06 City Council Post Agenda Page 1067 of 1285 12 6.2.2.2. Developer shall cause all persons performing “public work” for the Project under this Agreement to comply with all applicable provisions of the PWL and other applicable wage Laws. 6.2.2.3. Developer’s violations of the PWL shall constitute a breach under this Agreement. 6.2.2.4. City hereby notifies Developer, and Developer hereby acknowledges, that the PWL includes, without limitation, Labor Code § 1771.1(b) that provides that the following requirements described in Labor Code § 1771.1(a) shall be included in all bid invitations and “public work” contracts: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of § 4104 of the Public Contract Code, or engage in the performance of any contract for “public work,” as defined in this chapter, unless it is currently registered and qualified to perform “public work” pursuant to Section 1725.5. It is not a violation of this Section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform “public work” pursuant to Section 1725.5 at the time the contract is awarded.” 6.2.2.5. Developer acknowledges that its obligations under the PWL with respect to the Project include, without limitation, ensuring that: a. pursuant to Labor Code § 1771.1(b), a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform “public work” pursuant to § 1725.5; b. pursuant to Labor Code § 1771.4(a)(1), the call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”); c. pursuant to Labor Code § 1771.4(a)(2), it posts or requires the Prime Contractor to post job site notices, as prescribed by regulation; and d. pursuant to Labor Code § 1773.3(a)(1), it provides notice to the DIR of any “public works” contract subject to the requirements of the PWL, within thirty (30) days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work. Pursuant to Labor Code § 1773.3(a)(2), the notice shall be transmitted electronically in a format specified by the DIR and shall include the name and registration number issued by the DIR pursuant to §1725.5 of the contractor, the name and registration number issued by the DIR pursuant to §1725.5 of any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, job site location, and any additional information that the DIR specifies that aids in the administration and enforcement of the PWL. PWC-100 is the name of the form currently used by the DIR for providing the notice, but Developer shall determine and use whatever form the DIR requires. 6.2.2.6. The City shall not be responsible for Developer’s failure to comply with any applicable provisions of the PWL. 6.3. Compliance with Design and Construction Standards; Chula Vista Building Code . 2022/12/06 City Council Post Agenda Page 1068 of 1285 13 6.3.1. Developer shall comply, and require compliance by the Prime Contractor, Subcontractors, employees, and agents, or other Developer Parties, with the applicable Design and Construction Standards, in connection with the Project. 6.3.2. Developer shall comply, and require compliance by any of its Prime Contractor, Subcontractors, employees, and agents, or other Developer Parties, with the applicable provisions of the Chula Vista Building Code in connection with the Project. 6.4. City Approval Not a Waiver of Obligations. Where approval by the City is required under this Agreement, it is understood to be general approval only and does not relieve Developer of responsibility for complying with all applicable Laws or other requirements of this Agreement. 6.5. Site Safety, Security. Developer shall be responsible for safety and security of all persons, materials, equipment, and property on, under and about the Land and any Improvements from the Effective Date until Closing by the City. 6.5.1. Environment. In the construction and development of the Improvements, Developer shall comply with all environmental laws and regulations, including the Clean Air Act of 1970, the Clean Water Act, Executive Order number 11738, and the Stormwater Management and Discharge Control Ordinance No. 0-17988 and any and all Best Management Practice (“BMP”) guidelines and pollution elimination requirements as may be established by an enforcement official. Developer shall prepare and incorporate into the drawings and specifications a Stormwater Pollution Prevention Plan (“SWPPP”) to be implemented by Developer during Project construction and, until Acceptance. Where applicable, the SWPPP shall comply with both the California Regional Water Quality Control Board Statewide General Construction Storm Water permit and National Pollution Discharge Elimination System permit requirements and shall be in conformance with the City of Chula Vista BMP Design Manual and CVMC Chapter 14.20 (Storm Water Management and Discharge Control). 6.5.2. Access to Project Site. During construction, the City shall have the right, but not the obligation, to enter upon and inspect the portions of the Land where the construction of the Improvements is ongoing, during normal business hours and upon a two (2) Business Days’ prior notice to Developer (except for or in connection with inspections undertaken by City in its regulatory capacity and except in the case of an emergency in which case no prior notice shall be required ). Nothing herein shall limit the City’s right to enter the Land at any time to exercise its police powers. 6.6. Public Right-of-Way. All work, including materials testing, special testing, and surveying to be conducted in the public right-of-way shall be coordinated with the City. Developer agrees to follow all Laws and regulations, and all written and publicly available standards and regulations of the City, as applicable, while working in the public right-of-way, including, but not limited to, utilizing proper traffic control and obtaining necessary permits. 6.7. Traffic Control. In connection with the Project, Developer shall be responsible for traffic management, including traffic control implementation, maintenance, and preparing detailed traffic control plans to be submitted to the City for approval. 6.8. Maintenance. Developer shall maintain and be responsible for each portion of the Land and the Improvements from the Effective Date until Closing, including ongoing erosion prevention measures. All costs incurred by Developer in maintaining the Land and Improvements are included in 2022/12/06 City Council Post Agenda Page 1069 of 1285 14 allowed Reimbursable Project Costs and, if a GMP has been established for such costs, subject to such GMP. 6.9. Construction Cooperation. 6.9.1. Within thirty (30) days after the Effective Date, the Parties shall schedule a meeting at the site regarding the construction and development of the Improvements. Developer and City shall cause executive and project level personnel of Developer and City to attend such meeting. 6.9.2. At 8:00 AM on the fifth (5th) Business Day of each month at the site, (or such other time and place as the Parties may reasonably agree), Developer and City shall cause appropriate representatives of Developer and City to attend a meeting regarding the construction and development of the Improvements and other matters related thereto. Other meetings relating to the Project shall be held at times and at such frequency as reasonably requested by the Developer or City. ARTICLE VII PAYMENT OF PROJECT COSTS 7.1. Progress Payments. In consideration for Developer’s satisfactory performance under this Agreement, and conditioned upon timely and properly submitted Payment Requests to City, the City agrees to make progress payments to the Developer in accordance with the provisions of this Section 7.1. The amount of each progress payment shall be computed as follows: 7.1.1. The amount of each progress payment shall include: 7.1.1.1. The Reimbursable Project Costs actually incurred by Developer and for which Developer has made payment since the prior Payment Request; 7.1.1.2. the Developer’s Fee calculated based upon the Reimbursable Project Costs then owed; 7.1.1.3. Developer’s Construction Management Fees calculated based upon the Hard Construction Costs 7.1.2. The amount of each progress payment shall then be reduced by, without duplication: a. Ten percent (10%) retention of the amount of Reimbursable Project Costs submitted by Developer for reimbursement; b. The amount by which the Architect, pursuant to the Architect’s Certificate that is attached to such Payment Request, reduces the amount to be paid with respect to such Payment Request. The Architect may reduce such amount to the extent the work performed by Developer for which payment is requested has not been substantially performed in accordance with Buildings Plans and Specifications, Tenant Improvement Plans and Specifications, Parking Structure Plans and Specifications, and Site Work Plans and Specifications. 2022/12/06 City Council Post Agenda Page 1070 of 1285 15 Prerequisites to Progress Payment. 7.1.2.2. Payment Request. Prior to City’s making any payments to Developer, Developer shall provide the City with a Payment Request. Each Payment Request shall be on the form attached hereto as Exhibit H, or other form as agreed to by the Parties. The City shall not have an obligation to make payment to Developer unless and until Developer provides a completed Payment Request, together with all of the items described therein (including the Architect’s Certificate), and such Payment Request is approved by the City as provided in Section 7.1.3below. 7.1.2.3. Inspection. In connection with any City review of a Payment Request, or otherwise, City shall have the right to inspect the Improvements as provided in section 2- 11 of the Greenbook. Developer shall ensure that all persons and entities providing work or services for the Project cooperate with City and comply with City’s inspection rights under this Section. 7.1.2.4. City Approval. The City will review each Payment Request and the supporting documentation. If the City Manager or designee finds in his/her reasonable discretion that any Payment Request is incomplete or contains material errors or misstatements, then the City shall inform Developer in writing within fifteen (15) Business Days after Developer provides the Payment Request to City of the reasons for City’s finding(s). Developer shall have the right to respond to the finding(s) by submitting further documentation or information after receipt of the City’s finding(s). The City shall review any further documentation received from Developer in support of the Payment Request and inform Developer of City’s approval or denial of Payment Request, or portions thereof, within ten (10) Business Days after Developer provides such further documentation to City. If the City determines that the Payment Request is still incomplete or contains material errors or misstatements, but that sufficient and complete information exists with respect to a portion of the Payment Request, then the City shall approve Payment Request with respect to such portion of the Payment Request. 7.1.3. Time of Payment. If the City approves all or a portion of a Payment Request, then the City shall cause payment to be made to Developer within thirty (30) days after such approval. 7.1.4. Additional Costs. Provided that City has timely and fully paid all uncontested amounts owed under this Agreement, any costs that may accrue, such as interest on late payments to the Prime Contractor, Subcontractors, suppliers, or consultants as a result of the Developer’s failure to make a payment to such parties shall not be the obligation of the City and such additional costs shall be the obligation of the Developer and not eligible for reimbursement. 7.2. Final Payment. In consideration for Developer’s Completion of the Project, and subject to City’s Acceptance of the Project in accordance with Article VIII, City agrees to make a final payment to Escrow which shall include all withheld retention amounts and any other balances due by no later than thirty-five (35) days after Acceptance; however, if City elects to exercise City’s option under the Purchase and Sale Agreement to complete the Closing prior to the Target Closing Date (as such terms are defined in the Purchase and Sale Agreement), such final payment shall be delivered through Escrow on the date specified by City in the Early Closing Notice (as such term is defined in the Purchase and Sale Agreement). 2022/12/06 City Council Post Agenda Page 1071 of 1285 16 ARTICLE VIII ACCEPTANCE OF IMPROVEMENTS 8.1. Acceptance of Project Improvements. Subject to Developer’s Completion of the Improvements in strict accordance with the Improvement Plans and Specifications, in compliance with this Agreement and all Laws, and Developer’s satisfaction of all Conditions of Acceptance set forth in Section 8.1.1, the City will agree to Accept the Improvements. Provided that City’s Acceptance of a portion of the Improvements does not interfere with construction of the remainder of the Improvements, then City may, in City’s sole discretion, Accept one or more portions of the Improvements prior to Completion. 8.1.1. Conditions of Acceptance. Prior to Acceptance of the Improvements, or any portion thereof, Developer shall: 8.1.1.1. Complete all punch-list items from the City’s inspection of the Improvements. 8.1.1.2. Record a Notice of Completion (NOC) that is approved by the City with the County Recorder of San Diego County at least thirty-five (35) days prior to Acceptance of such portion of the Improvements. 8.1.1.3. Submit to the City the following with respect to such portion of Improvements: a. Record drawings or “as-builts” in the form of final as-built CAD files; and b. As-built drawings that show all differences between the Improvement Plans and Specifications as drawn and the work as actually installed. The as -built drawings will also show any work added to the Improvements that was not shown on the Improvement Plans and Specifications. Mechanical and electrical as -built drawings shall indicate the routing of all piping, duct work, and power and control wiring. c. One set of final as-graded soils reports; d. Completed City Form 5519 Certification; e. Completed City Form 5522 Statement of Substantial Conformance; f. Operations and maintenance manuals; and g. All written guaranties and warranties furnished or required to be furnished by Prime Contractor, Subcontractors, or materials suppliers related to the Improvements. 8.1.1.4. Submit to City documentation and information reasonably necessary for City to provide the following items to Developer with respect to the Improvements or a portion thereof: 2022/12/06 City Council Post Agenda Page 1072 of 1285 17 a. Approval from City’s Land Surveyor, as applicable, confirming survey monuments are set and verified (as applicable); and b. Written approval from City’s NPDES section, as applicable, confirming stormwater requirements have been satisfied. 8.1.2. Acceptance Notice and Confirmation of Acceptance. When Developer reasonably determines that the conditions for Acceptance of any component of the Improvements have been satisfied, Developer will provide written notice thereof to City (an “Acceptance Notice”). The City shall either confirm its Acceptance of such component of the Improvements or set forth the reasons for denying its Acceptance within ten (10) Business Days after City’s receipt of such Acceptance Notice. If the City denies Acceptance, then Developer shall take such steps as may be reasonably necessary to address the City’s reasons for denying its Acceptance and submit a new Acceptance Notice to City and the foregoing process shall continue on an iterative basis (and City shall have ten (10) Business Days to respond to each Acceptance Notice) until the City has confirmed that Acceptance of such component has occurred. Acceptance of any Improvement or the Improvements shall not limit any of Developer’s obligations under this Agreement, including those in Article XI (Defective Work), and Acceptance does create any obligation upon any City to repair or correct any defects in any Improvement or the Improvements. For the avoidance of doubt, notwithstanding an Acceptance of any Improvement by the City, Developer acknowledges and agrees that Developer is responsible for the maintenance of all Improvements until Closing. 8.1.3. Effect of City’s Early Closing Option. If City delivers to Developer an Early Closing Notice (as defined in the Purchase and Sale Agr eement), the conditions of Acceptance described above shall be modified to include only those conditions that can reasonably be satisfied as the revised Closing Date specified by City in the Early Closing Notice. ARTICLE IX WARRANTIES 9.1. Enforcement of Warranties. Upon Acceptance of each applicable component of the Improvements, Developer shall assign any manufacturer’s warranties to the City accepting ownership of such applicable component of the Improvements. Until such warranties are assigned to the City, Developer shall enforce for the City’s benefit all warranties provided in any contract with respect to such Improvements and any other explicit warranties with respect to such Improvements. 9.1.1. Materials and Workmanship. In addition to all other warranties provided by law or this Agreement, Developer shall require its Prime Contractor and Subcontractor(s) to warrant all work on the Project against Defective Work for a period of three (3) following the date of Completion (the “Warranty Period”). 9.1.2. New Materials and Equipment. Developer shall require its Prime Contractor and Subcontractor(s) to warrant and guarantee to City that all materials and equipment incorporated into the Improvements are new unless otherwise specified and approved by City. 9.1.3. Documentation. Developer shall furnish, or cause its Prime Contractor to furnish, City with all warranty and guarantee documents with respect to the Improvements prior to Acceptance. 2022/12/06 City Council Post Agenda Page 1073 of 1285 18 9.2. Additional Warranties. In addition to the warranties set forth in this Article, following Acceptance, Developer or its Prime Contractor shall assign to City any and all other manufacturer’s or installer’s warranties for equipment or materials not manufactured by the Prime Contractor provided as part of the work related to the Project. Developer shall furnish, or cause its Prime Contractor to furnish, the City with all warranty and guarantee documents with respect to the Improvements prior to Acceptance. ARTICLE X DEFECTIVE WORK 10.1. Correction, Removal, or Replacement. If the City (1) determines any Improvement contains Defective Work and (2) within the Warranty Period provides written notice thereof to the Developer, the Developer’s Prime Contractor, or applicable Subcontractor, Developer shall promptly correct, repair, or remove and replace, or cause the correction, repair, or removal and replacement of, the Defective Work. 10.2. Extension of Warranty. When Defective Work, or damage therefrom, has been corrected, repaired, removed and replaced, as applicable, during the initial Warranty Period, the Warranty Period for such Defective Work will be extended for an additional time period equal to the period commencing on the date City delivered to Developer notice of the Defective Work and endin g on the date of the satisfactory completion of the correction, repair, or replacement and removal, as applicable. 10.3. Right of City to Correct. In the event of the Developer’s failure to comply with the requirements of Section 10.1 within thirty (30) days after Developer receives notice of Defective Work from the City, or in the event of an emergency or immediate threat to public safety, Developer shall as promptly as practicable correct, repair, or remove and replace the Defective Work. If Developer does not do so, the City may, in its sole and absolute discretion, correct, repair, or remove and replace the Defective Work. In such circumstances, the costs payable to the Developer shall be reduced by the actual cost incurred by the City to correct, remove, or replace the Defective Work, or, if all amounts owed to Developer have been paid, Developer shall be liable to reimburse City for any and all costs incurred to correct, repair, or remove and replace Defective Work. 10.4. No Limitation on Other Remedies. Exercise of the remedies for Defective Work pursuant to this Article X shall not limit the remedies the City may pursue under this Agreement or at law or equity. 10.5. Survival. This Article X shall survive the earlier termination or expiration of this Agreement. ARTICLE XI SECURITY FOR CONSTRUCTION 11.1. Performance Bond. Developer shall provide a performance bond (or bonds) on a form acceptable to the City for the construction of the Improvements. The performance bond (or bonds) shall name City as co-obligee. The aggregate amount of such bond(s) will be no less than the amount payable from Developer to the Prime Contractor for the Improvements then under contract. Developer shall cause the City to be named as a co-obligee of such performance bond(s). 2022/12/06 City Council Post Agenda Page 1074 of 1285 19 11.2. Payment Bond. Developer shall provide a payment bond (or bonds) on a form acceptable to City for the construction of the Improvements and the aggregate amount of such bond(s) will be no less than the amount payable from Developer to the Prime Contractor for the Improvements then under contract. 11.3. Admitted Sureties. All bonds required by this Agreement must be issued by a surety authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, and maintain an underwriting limitation sufficient to issue bonds in the amount required by this Agreement. 11.4. Delivery and Maintenance. Within five Business Days following establishment of the Library Building GMP, Developer shall deliver the payment bond(s) and performance bond(s) to the City. With respect to any portion of the Improvements under contract, Developer shall ensure that (a) the payment bond is maintained though the period of time required by California Civil Code Section 9558 and (b) the performance bond is maintained for at lea st three (3) years following Acceptance of such portion of the Improvements. The cost for such bonds are included in the allowed Reimbursable Project Costs as Hard Construction Costs. 11.5. Increases to Penal Sums. If the estimated amount payable to a Prime Contractor for the Project is increased, the Developer shall advise such Prime Contractor and the surety of the increased amount and the payment bond and performance bond shall be increased accordingly. 11.6. Notice and Opportunity to Cure. The payment bond(s) and performance bond(s) shall include provisions that the surety will not be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Developer and Prime Contractor or on the part of any obligee named in such bond, without prior written notice to the City and sufficient opportunity to cure. 11.7. Insolvency or Bankruptcy. If the surety on any of the above -mentioned bonds pertaining to Project is declared bankrupt becomes insolvent (as defined in Insurance Code Section 985), or its right to do business is terminated in the State of California, Developer shall, within fifteen (15) Business Days after Developer’s actual knowledge or receipt of notice from the City, substitute or require the substitution of another bond and surety, reasonably acceptable to the City, on the same terms and conditions as provided above. 11.8. Calling a Bond. Developer acknowledges and agrees that if Developer’s construction of the Project has not been performed in accordance with this Agreement or if the Developer has failed to cure any Defective Work as required by this Agreement, the City may use the performance bond referenced herein to complete the Project. This remedy is not a limitation on remedies of the City, as applicable and is in addition to any other remedy that the City may have at law or in equity. 11.9. Survival. Developer’s obligations under this Article shall survive the expiration and/or termination of this Agreement. ARTICLE XII INDEMNITY AND DUTY TO DEFEND 12.1. General Indemnity. To the maximum extent allowed by law, Developer shall defend, indemnify, protect, and hold harmless the City and the City Parties, at Developer’s sole cost and 2022/12/06 City Council Post Agenda Page 1075 of 1285 20 expense and with counsel approved by City, from any and all claims (including claims under negligence and strict liability), demands, liability, losses, causes of actions and suits of any kind, administrative or judicial proceedings, orders, judgments, and all related costs arising directly or indirectly out of (i) the performance, or lack of performance, by Developer of any of its obligations under this Agreement, (ii) the construction of the Improvements or any portion or component thereof, (iii) any breach by Developer of its obligations under this Agreement, (iv) any accident, injury, or damage whatsoever caused to any person or the property of any Person on or near the Land; (v) the use, occupancy, possession, or operation of the Land, or (vi) any acts or omissions of any Developer Party in any way related to this Agreement, except for claims or litigation arising through (1) the sole negligence or willful misconduct of City, or (2) City’s breach of its obligations under this Agreement or the Purchase and Sale Agreement. The foregoing indemnity obligations of Developer are in addition to, and not in limitation of, any other indemnity obligations of Developer contained in this Agreement or any other agreement between City and Developer. 12.2. Damage to Other Properties. The indemnification and agreement to hold harmless set forth in Section 12.1 shall extend to damages, including without limitation monetary claims based on allegations of takings or inverse condemnation, resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of, and to the extent of and proportion caused by, the negligence by Developer, its officials, officers, the Prime Contractor, Subcontractor(s), agents, or employees in the construction of the Improvements. 12.3. Hazardous Materials Indemnity. 12.3.1. Developer hereby assumes for itself and shall defend, indemnify, protect, and hold harmless the City and the City Parties from any and all claims, demands, liability, losses, causes of actions and suits of any kind, administrative or judicial proceedings, orders (judicial or administrative), judgments, and all related costs (whether or not based upon personal injury, negligence, strict liability, property damage, or contamination of, or adverse effects upon, the environment, waters or natural resources, including any loss of or damage to any City’s real or personal property), resulting from, any Hazardous Materials activity on, about or under the Land by Developer or any Developer Party, or any breach by Developer of its obligations under this Section 1 2.3, at Developer’s sole cost and expense and with counsel and experts selected by City. Developer’s obligations under this section include, without limitation, any environmental cleanup, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remedial, removal, or restoration work required by this Agreement or any federal, state or local government agency because of Hazardous Materials present in the air, soil or ground water above, on, or under the Land. City shall have a direct right of action against Developer even if no third party has asserted a claim . The indemnification and environmental cleanup requirements under this section include but are not necessarily limited to: 12.3.1.1. Losses attributable to diminution in the value of the Land or the Improvements; 12.3.1.2. Losses of rental or other income from the Land or the Improvements; 12.3.1.3. Loss or restriction of use of rentable space(s) in the Land or the Improvements; 2022/12/06 City Council Post Agenda Page 1076 of 1285 21 12.3.1.4. Adverse effect on the marketing of any space(s) in the Land or Improvements; and 12.3.1.5. All other liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions of any kind and administrative or judicial proceedings, orders, or judgments), damages (including consequential and punitive damages), and costs (including reasonable attorney, consultant, and expert fees and expenses). Notwithstanding the foregoing, nothing in this Section 12.3 shall be construed to apply to any Hazardous Materials that were (1) present on the Land prior the date Developer became the owner of the Land and (2) disclosed to City in the Due Diligence Docume nts (as governed by the terms of the Purchase and Sale Agreement). 12.4. Illegal Discharge to Storm Drains. Developer shall defend, indemnify, protect, and hold harmless City and City Parties from and against all claims asserted, or liability established for damages or injuries to any person or property resulting from a discharge to public storm drains in violation of applicable laws to the extent arising out of the construction of the Improvements (an “Illegal Discharge”) caused by any action or failure of Developer or any Developer Party to take reasonable measures to prevent an Illegal Discharge or any Illegal Discharge by any such persons or entities. Developer shall also be responsible for payment of any fines or penalties assessed against the City for an Illegal Discharge. 12.5. Costs of Defense and Award. Developer shall immediately accept all tenders and defend, at Developer’s own cost, expense, and risk, any and all claims, demands, suits, actions, or other legal or administrative proceedings that may be brought or instituted against the City or any City Party are covered by the defense obligation in this Article. Developer acknowledges and agrees that its obligation to accept tender and defend City and all City Parties is absolute and not subject to any limitations in this Agreement, or elsewhere. Developer shall pay and satisfy any judgement, award, or decree that may be rendered against City or any City Party for any and all related legal expense and costs incurred by any of them. 12.6. Insurance Proceeds. Developer’s obligation to defend, indemnify, protect, or hold harmless shall not be restricted to insurance proceeds, if any, it receives. 12.7. Declarations. Developer’s obligations under this Article shall not be limited by any prior or subsequent declaration by Developer. 12.8. Survival. Developer’s obligations under this Article shall survive the expiration and/or termination of this Agreement. ARTICLE XIII INSURANCE REQUIREMENTS 13.1. Insurance Requirements. Developer shall procure and maintain for the duration of the Agreement, and for five (5) years post occupancy of each Improvement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Project by Developer or any Developer Party. All insurance required to be maintained by Developer or Prime Contractor under this Article XIII and be included in Reimbursable Project Costs as Hard Construction Costs. 2022/12/06 City Council Post Agenda Page 1077 of 1285 22 13.2. Forms and Amounts of Coverage. The policies for said insurance shall, as a minimum, provide the following: 13.2.1. Commercial General Liability. “Occurrence” form Commercial General Liability covering the Project site or the Project, operations and contractual liability assumed by Developer in this Agreement in the amount indicated in Section 13.2.1.1 below. Developer’s defense and indemnification obligations under this Agreement shall in no event be limited by the terms or qualifications to the contractual liability coverage under such insurance. 13.2.1.1. Commercial General Liability Policy Amount: Not less than Five Million Dollars ($5,000,000) per occurrence limit for bodily injury and property damage. The general aggregate limit shall be not less than Ten Million Dollars ($). All such limits may be satisfied by limits set forth in primary policies and excess policies. 13.2.2. Builder’s Risk Property Coverage. Builder’s risk completed value form insurance covering the perils insured under the ISO special causes of loss form, including collapse, water damage and transit, covering the total value of work performed and equipment, supplies and materials furnished (with an appropriate limit for soft costs in the case of construction) and covering the full insurable value (exclusive of the cost of noninsurable items) of all equipment, supplies and materials at any off-site storage location used with respect to the Project or in transit. Specific limits of insurance for flood shall be determined at the joint discretion of Developer and City. Earthquake limits shall, at a minimum, cover ______________ year maximum probable loss or such other limits as are agreed to by Developer and City. City shall be named as an additional insured under any builder’s risk policy procured by the Developer pursuant to this Agreement. 13.2.3. Worker’s Compensation. Workers’ compensation insurance covering all persons employed by Developer at the Project site and the Project and with respect to whom death or bodily injury claims could be asserted against Developer, City, a City Party, the Project site, the Project, with statutorily required limits, and employer’s liability insurance with minimum limits of not less than the California State statutory minimum of One Million Dollars ($1,000,000) for each accident/employee/disease. Workers’ compensation insurance shall include a waiver of subrogation endorsement. 13.2.4. Automobile Liability. If Developer owns or leases vehicles, business automobile liability insurance covering liability arising out of vehicles used on or about the Project site or the Project by Developer or its employees insuring against liability for bodily injury, death , and property damage in an amount not less than One Million Dollars ($1,000,000) each accident limit and Two Million Dollars ($2,000,000) combined single limit. 13.2.5. Contractor’s Pollution Liability Coverage. Developer shall obtain or cause to be obtained Contractor’s Pollution Liability, Pollution Legal Liab ility and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed or the potential release of any Hazardous Material, with limits of Five Million Dollars ($5,000,000)per claim or occurrence and Ten Million Dollars ($10,000,000) aggregate per policy period of one year or the limits maintained by or available to the contractor, whichever is higher. The City shall also be named as additional insureds on any such policy. 2022/12/06 City Council Post Agenda Page 1078 of 1285 23 13.3. General Requirements. 13.3.1. Certificates and Other Requirements. Developer shall provide the City with insurance certificates, in the form customary in the insurance industry, issued by the insurer evidencing the existence of the necessary insurance policies and certified endorsements effecting coverage required by this Article (“Certificates”). The Certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind insurance on its behalf. Notwithstanding the foregoing, Developer shall request copies of each insurance policy required under this Article and make available to the City for inspection at the Project site any insurance policy it receives. 13.3.2. Additional Insureds and Other Requirements. All liability insurance policies shall name, or be endorsed to name the City and all City Parties as additional insureds and protect the City and City Parties against any legal costs in defending claims. All liability policies shall provide cross-liability coverage. If Developer receives notice of any cancellation, modification such that the requirements of this Agreement are no longer satisfied, suspension or voiding of an insurance policy required under this Article from the applicable insurance carrie r, then Developer shall provide to the City written notice thereof within five (5) Business Days after receipt of such notice. To the extent the policy is blanket endorsed or is specifically endorsed to provide the same, all insurance policies shall also provide that the subject policy shall not be cancelled without thirty (30) days’ prior written notice to the City. All insurance policies shall be endorsed to state that Developer’s insurance is primary and not excess or contributory to any insurance issued in the name of the City. Further, all insurance companies must have an S&P or AM Best rating of not less than “A-”. 13.3.3. Deductibles. Any deductibles or self-insured retentions must be declared to the Developer and the City and be consistent with customary deductibles and self-insured retentions, as applicable; provided, however, if the deductible or self-insured retention is in excess of One Million Dollars ($1,000,000), Developer shall provide the City with reasonably satisfactory evidence of its ability to meet the deductible or self-insured retention. 13.3.4. No Limit on Liability. The procuring of such required policies of insurance shall not be construed to limit Developer’s liability hereunder, nor to fulfill the indemnification provisions and requirements of this Agreement. 13.3.5. Compliance with Insurance Requirements. Developer agrees not to keep on the Project site or permit to be kept, used, or sold thereon, anything prohibited by any fire or other insurance policy covering the Project site. Developer shall, at its sole expense, comply with all reasonable requirements for maintaining fire and other insurance coverage on the Project site and represents to City that Developer will confirm that it is in compliance with such requirements at all times. 13.4. Waiver of Subrogation. Developer hereby releases City from any and all liability or responsibility to Developer or anyone claiming through or under Developer by way of subrogation or otherwise for any loss or damage to the Project site or Project improvements, or any of Developer’s personal property or business caused by or arising from a fire or any other event that is covered by the insurance required to be carried pursuant to this Agreement or is actually carried, even if such fire or other event shall have been caused by the fault or negligence of City. 13.5. Survival. Developer’s obligations under this Article shall survive the expiration and/or termination of this Agreement. 2022/12/06 City Council Post Agenda Page 1079 of 1285 24 ARTICLE XIV RECORDS AND AUDITS 14.1. Retention of Project Records. Developer shall use commercially reasonable efforts to maintain the Project Records (defined below) for a period of not less than five (5) years after the date such record is created. Developer shall make available to the City any of the Project Records upon request of City. “Project Records” means the following documents and materials, but only if such documents and materials are related to the Project: contract documents, plans and specifications, inspection reports, invoices related to Reimbursable Project Costs, and documents that evidence payment of Reimbursable Project Costs or the basis for such payments. “Project Records” also means such other documents that (a) are reasonably necessary to evaluate (i) whether the Project has been or is being constructed in accordance with the requirements of this Agreement; (ii) whether the certifications that have been made in any Payment Request are true and correct; (iii) the existence of any Force Majeure Event that Developer asserts exists and the duration of any delay in connection therewith; or (vi) the amount of Reimbursable Project Costs that have been incurred. 14.2. Audit of Records. At any time during normal business hours, with 48 hours’ advanced notice and as often as the City reasonably deem necessary, Developer shall make available, or shall cause its Prime Contractor or any Subcontractor to make available, to City for examination at the Project site or at such other location in San Diego County, California as is reasonably acceptable to the City all Project Records. Developer, the Prime Contractor, and Subcontractors will permit City to make audits of the Project Records. If any Project Records are not made available at the Project site or at such other location in San Diego County, California as is reasonably acceptable to City, then Developer shall pay all the travel related costs of City to audit such Project Records at the location where the records are maintained. Such costs will not be Reimbursable Project Costs. 14.2.1. Costs. Developer and Developer’s agents shall allow City to audit and examine the Project Records and any and all accounting procedures and practices that City reasonably determines are necessary to discover and verify all costs of whatever nature, which are c laimed to have been incurred, anticipated to be incurred, or for which a claim for additional compensation or for extra work have been submitted under this Agreement. 14.3. Survival. Developer’s obligations under this Article shall survive the expiration and/or termination of this Agreement. ARTICLE XV TITLE TO ALTERATIONS AND IMPROVEMENTS 15.1. Title to Project. The improvements constituting the Improvements which may be installed, constructed, or placed in, on, over, or under the Land, from time to time by Developer in accordance with this Agreement shall remain Developer’s property until Acceptance. Upon Closing under the Purchase and Sale Agreement, the Improvements shall be owned by City. 15.2. Survival. The terms of this Article XV shall survive the expiration or earlier termination of this Agreement. 2022/12/06 City Council Post Agenda Page 1080 of 1285 25 ARTICLE XVI LIENS 16.1. No Right to Bind City. Neither Developer nor any Developer Party shall have any power or authority to do any act or thing, or to make any contract or agreement which shall bind City. City shall have no responsibility to Developer, Developer Party, or other person who performs, causes to perform, engages in or participates in any construction of the Project, any portion of the Project, or any other work on the Project site at the request of Developer, Developer Party, or other persons. Subject to City’s timely and fully paying all uncontested amounts due under this Agreement, City shall not be required to take any action to satisfy any such contract or agreement or to remove or satisfy any lien resulting therefrom. 16.2. Notice of Non-Responsibility. Developer shall give written notice to all contractors, subcontractors, and materialmen of City’s non-responsibility in connection with any construction of the Project, any portion of the Project, or any other work on the Project site. 16.3. Mechanics’ Liens. Developer shall pay or cause to be paid all costs for work, labor, services, or materials supplied to or performed on the Land that might result in any mechanics’ lien or similar lien. If Developer receives notice that any mechanics’ lien or any similar lien is recorded against the Land and City has timely and fully paid all uncontested amounts owed under this Agreement, then Developer shall cause such lien to be released and removed of record within t hirty (30) days after Developer receives notice of the recordation of the mechanics’ lien or similar lien. Developer shall indemnify, defend, release and save City free and harmless from and against any and all claims of lien of laborers or materialmen or others for work performed or caused to be performed or for materials or supplies furnished for the Improvements or at the Land. 16.4. Contest of Lien. If Developer in good faith wishes to contest the amount or validity of any lien (other than any lien with respect to taxes), then Developer shall have the right to do so; provided that (a) Developer shall first provide City with at least ten (10) Business Days’ written notice prior to any such contest, (b) Developer shall first record a surety bond sufficient to release such lien; and (c) Developer shall cause the following conditions to remain satisfied during such contest: 16.4.1. such contest shall not place the fee estate of the Land in material danger of being forfeited or lost; 16.4.2. such contest shall be without cost, liability, or expense to City; 16.4.3. Developer shall prosecute such contest with reasonable diligence and in good faith; and 16.4.4. no Event of Default shall exist under this Agreement at the time of or during such contest. 16.5. City’s Right to Pay. If (1) City has fully and timely paid all uncontested amounts owed under this Agreement, (2) Developer shall be in default in paying any charge for which a lien claim has been filed, and (3) Developer has not contested such lien in accordance with Section 16.4, then City may, but shall not be so obliged to, pay said lien claim and any costs incurred in connection therewith, and the amount so paid, together with reasonable attorneys’ fees incurred in connection therewith, shall be immediately due and owing from Developer to City, and Developer shall pay the 2022/12/06 City Council Post Agenda Page 1081 of 1285 26 same to City, together with interest on the full amount thereof at the default rate from the date of City’s payments until paid. ARTICLE XVII TAXES 17.1. Tax Claims. Each Party agrees to (A) promptly notify the other Parties of any audit, examination, or other proceeding with respect to any tax, tax return (including any schedule attached thereto), or information reporting related to the Project (collectively, the “Tax Claims”, and individually, a “Tax Claim”) and (B) reasonably cooperate with the other Parties in connection with any Tax Claim. In the event that any Tax Claim is asserted against City, Developer agrees to indemnify and defend City, at Developer’s sole cost and expense, and hold City harmless from any and all expenses and related costs arising in connection with such Tax Claim. ARTICLE XVIII EVENTS OF DEFAULT AND REMEDIES 18.1. Events of Default. The occurrence of any one or more of the following events shall constitute an event of default by Developer hereunder (each, an “Event of Default”): 18.1.1. Failure to Pay. Failure by Developer to pay, when due, any payment, or charge that Developer is required to pay, where such failure continues for a period of ten (10) days after written notice thereof from City. 18.1.2. Failure to Perform. Failure by Developer to perform any express or implied covenants or conditions in this Agreement, where such failure continues for thirty (30) days after written notice thereof from City; provided that, if the nature of such failure is such that t he same cannot reasonably be cured within such thirty (30) day period, and Developer diligently commences such cure within such thirty (30) day period and thereafter diligently proceeds to rectify and cure such failure, then such failure shall not constitute an Event of Default; and provided, further, that if such failure is due to a Force Majeure Event, then such failure shall not constitute an Event of Default for so long as the Force Majeure Event exists. 18.1.3. Bankruptcy Event. The occurrence of a bankruptcy event. For purposes of this Agreement, a “bankruptcy event” shall mean any person liable for Developer’s obligations under this Agreement of any of the following: (a) appointment of a receiver or custodian for any property of such person, or the institution of a foreclosure or attachment action upon any property of such person; (b) filing by such person of a voluntary petition under the provisions of the Bankruptcy Code; or (c) an involuntary petition under the provisions of the Bankruptcy Code shall be filed and (i) Developer shall have consented to such involuntary petition or failed to contest in a timely and appropriate manner or (ii) such involuntary petition continues undismissed for a period of 60 days or an order for relief shall have been entered; or (d) such person making or consenting to an assignment for the benefit of creditors or a composition of creditors. 18.1.4. Breach of a Representation or Warranty. 18.1.4.1. Any representation or warranty by Developer under this Agreement or the Exhibits attached hereto, including any representation or warranty made in any payment request or certification provided or delivered by Developer pursuant to this Agreement, is not true, correct , or 2022/12/06 City Council Post Agenda Page 1082 of 1285 27 complete in any material respect and Developer does not cure such deficiency within ten (10) Business Days after it actually knows about such deficiency, or within ten (10) Business Days after Developer receives written notice thereof; provided that, if the nature of such breach is such that the same cannot reasonably be cured within such ten (10) Business Day period, and Developer diligently commences such cure within such ten (10) Business Day period and thereafter diligently proceeds to cure such breach, then such failure shall not constitute an Event of Default. 18.1.4.2. Specified Defaults. The occurrence of any event expressly stated to constitute an Event of Default under this Agreement. 18.2. Remedies for Events of Default. Upon any Event of Default, the City may, in addition to all other rights and remedies afforded to City hereunder or by law or in equity, take any one or more of the following actions: 18.2.1.1. Termination of Agreement. Terminate this Agreement by giving Developer written notice. Failure by the City to enforce one or more of the remedies herein provided upon an Event of Default shall not be deemed or construed to constitute a waiver of such Event of Default. 18.2.2. Perform Acts on Behalf of Developer. Perform any act that Developer is obligated to perform under this Agreement in Developer’s name and on Developer’s behalf, without being liable for any claim for damages therefor, and Developer shall reimburse City on demand for any expenses which City may incur in effecting compliance with Developer’s obligation s under this Agreement (including, but not limited to, collection costs and legal expenses), plus interest thereon at the default rate. 18.2.3. Assignment of Plans and Other Matters. Require Developer to, in which case Developer shall, (i) at Developer’s sole cost and expense, assign and transfer to City all of Developer’s right, title and interest in and to all plans, drawings, specifications, permits, approvals, warranties, entitlements, and other similar property and instruments relating to the development of the Improvements on the Land, free and clear of liens and claims by third parties, in connection with and (ii) execute and deliver to City, within five (5) Business Days of t he City’s request, in a form provided by and acceptable to the City, an instrument confirming the assignment and transfer of such property and interests to City and, within such five (5) Business Day period, to deliver the originals of such plans, drawings, specifications, permits, approvals, warranties, entitlements, and other similar property and instruments relating to the Improvements or the Land to City. Developer agrees to reasonably cooperate with City at no cost or expense to City in seeking any co nsent from the preparer of any plans, drawings, specifications, permits, approvals, warranties, entitlements, and other similar property and instruments relating to the Land or the Improvements, which may be required for the City to rely on such plans, drawings, specifications, permits, approvals, warranties, entitlements, and other similar property and instruments relating to the Land or the Improvements. 18.2.4. Early Closing Option. If City elects to terminate this Agreement or exercise any remedy following an Event of Default that materially impairs Developer’s ability to perform Developer’s obligations under this Agreement, then City must concurrently deliver an Early Closing Notice that specifies a revised Closing Date not later than 45 days after Developer’s receipt of the Early Closing Notice. 2022/12/06 City Council Post Agenda Page 1083 of 1285 28 18.3. City Events of Default. The occurrence of any one or more of the following events shall constitute an event of default by City hereunder (each, an “City Event of Default”): 18.3.1. Failure to Pay. Failure by City to pay, when due, any payment, or charge that City is required to pay hereunder, that is not subject to a good faith dispute where such failure continues for a period of ten (10) days after written notice thereof from Developer. 18.3.2. Failure to Perform. Failure by City to perform any express or implied covenants or conditions in this Agreement, where such failure continues for thirty (30) days after written notice thereof from Developer; provided that, if the nature of such failure is such that the same cannot reasonably be cured within such thirty (30) day period, and City diligently commences such cure within such thirty (30) day period and thereafter diligently proceeds to rectify and cure such failure, then such failure shall not constitute an Event of Defa ult. 18.4. City Events of Default. Upon any City Event of Default, the Developer may take any one or more of the following actions: 18.4.1. Adjustment to Schedule. To the extent that a City Event of Default has caused a delay in Developer’s ability to complete the Improvements by the Completion Date, Developer may receive an extension of time to achieve Completion or achieve any milestone date affected by the Event of Default. 18.4.2. Adjustment to GMP. To the extent that a City Event of Default has caused an increase in the costs of the Improvements, Developer may receive a proportionate increase the GMP amount for any component of the Improvements affected by the City Event of Default. 18.4.3. Compel Early Closing. If City has failed to cure a material City Event of Default within the time periods provided hereunder for such cure, then, within 60 days following the expiration of the applicable cure period (i) Developer may deliver to City written notice (a “Developer Early Closing Notice”) that, if City does not cure the City Event of Default within ten days following City’s receipt of such Developer Early Closing Notice, City will be deemed to have delivered an Early Closing Notice (as such term is defined in the Purchase and Sale Agreement) and (ii) if City fails to cure the City Event of Default within ten days following City’s receipt of Developer’s Early Closing Notice, then (a) City shall be deemed to have delivered an Early Closing Notice and (b) date for completing the early Closing shall be 90 days after City’s receipt of the Developer’s Early Closing Notice. ARTICLE XIX MISCELLANEOUS PROVISIONS 19.1. Notices. All notices and demands given pursuant to this Agreement shall be written. They shall be deemed served (i) immediately, upon personal delivery; (ii) the next Business Day, if sent prepaid by recognized overnight service such as FedEx for delivery the next Business Day; or (iii) three (3) Business Days after deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid. Each Party to this Agreement shall be provided with a copy of each notice given to any other Party under this Agreement. 2022/12/06 City Council Post Agenda Page 1084 of 1285 29 Until notice of a change of address is properly given, notice shall be given at the following addresses: To the City: City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Attention: City Manager With a copy to: City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Attention: City Attorney To Developer: LMC-Millenia Investment Company, L.P. Attn: Lee M. Chesnut 1155 Camino Del Mar, PMB 525 Del Mar, California 92014 With copy to: F. Sigmund Luther, Esq. 5333 Mission Center Road, Suite 360 San Diego, California 92108 The Parties may designate different addresses to which subsequent notices, certificates , or other communications will be sent. 19.2. Captions. Captions in this Agreement are inserted for convenience of reference. They do not define, describe, or limit any term of this Agreement. 19.3. Time of Essence. Time is of the essence with respect to this Agreement and each of its provisions. 19.4. Partial Invalidity. If any term, provision, covenant or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision, covenant or condition to persons or circumstances other than those with respect to which it is invalid or unenforceable, shall not be affected thereby, and each and every other term, provision, covenant or condition of this Agreement shall be valid an d enforceable to the fullest extent possible permitted by Law. 19.5. Entire Agreement. It is understood and acknowledged that there are no oral agreements between the Parties affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties with respect to the subject matter hereof, except for the Purchase and Sale Agreement. 19.6. Joint and Several. If there is more than one person constituting Developer (i) the obligations imposed upon such persons or entities under this Agreement shall be joint and several and (ii) the act or signature of, or notice from or to, any one or more of them with respect to this Agreement shall be binding upon each and all of such persons and entities with the same force and effect as if each and all of them had so acted or signed, or given or received such notice. 2022/12/06 City Council Post Agenda Page 1085 of 1285 30 19.7. Developer’s Authority. Developer hereby represents and warrants as of the Effective Date that Developer is a duly formed and existing entity qualified to do business in the state in which the Project site is located and that Developer has full right and authority to execute and deliver this Agreement and that each person signing on behalf of Developer is authorized to do so. 19.8. Dispute Resolution. 19.8.1. Notice. Developer and City shall endeavor to reasonably inform the other party of any disputes arising under or related to this Agreement (“Dispute”). 19.8.2. Initiation of Dispute Resolution. Developer or City may initiate the dispute resolution process by providing notice and making a written demand to the other Party to initiate formal dispute resolution (“Demand”). Upon noticing a Demand, Developer and City shall engage in good faith in executive-level negotiations to attempt to resolve the Dispute. Developer and City may mutually agree to mediation of the Demand in lieu of or in addition to negotiation of a Dispute. The reasonable costs of mediation will be shared evenly between Developer and City. 19.9. Attorneys’ Fees. Should any suit or action be commenced to enforce, protect, or establish any right or remedy of any of the terms and conditions hereof, the prevailing party shall be entitled to have and recover from the non-prevailing party reasonable attorneys’ fees and costs of suit, including, without limitation, any and all costs incurred in enforcing, perfecting and executing such judgment. 19.10. Governing Law. Venue for any legal proceeding shall be in San Diego County, California. This Agreement shall be construed and enforced in accordance with the Laws of the State of California. 19.11. Modification. This Agreement may not be amended, modified, terminated, or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the Parties hereto, their successors or assigns. 19.12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. 19.13. Drafting Presumption; Review Standard. The parties acknowledge that this Agreement has been agreed to by each of the Parties, that each of the Parties have consulted with attorneys with respect to the terms of this Agreement and that no presumption shall be created agains t the drafting Party. Any deletion of language from this Agreement prior to its execution by the Parties shall not be construed to raise any presumption, canon of construction or implication, including, without limitation, any implication that the parties intended thereby to state the converse of the deleted language. Unless otherwise specified in this Agreement, any approval or consent to be given by City, or the City Council, may be given or withheld in City’s, or the City Council’s, sole and absolute discretion. 19.14. Administrative Claims. If required by applicable Laws, 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 the City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the CVMC, as same may from time to time be amended (the provisions of which are 2022/12/06 City Council Post Agenda Page 1086 of 1285 31 incorporated by this reference as if fully set forth herein), and such policies and procedures used by the City in the implementation of same. 19.15. Non-liability of City Officials and Employees. No officer, director, member, official, employee, consultant, or member of the governing board of City shall be personally liable to Developer in the event of any default or breach by City, or for any amount which may become due to Developer, or on any obligations under the terms of this Agreement. 19.16. Further Assurances. From time to time upon the request of a Party, the other Part y shall, at the requesting Party’s expense, promptly execu te, acknowledge and deliver such further documentation and do such other acts and things as the requesting Party may reasonably request in order to effect fully the purposes of this Agreement in such a manner that is consistent with and does not contradict, modify, or amend this Agreement. [End of page. Signature page follows this page.] 2022/12/06 City Council Post Agenda Page 1087 of 1285 IN WITNESS WHEREOF, this Agreement is executed as of the day and year first set forth above. CITY DEVELOPER CITY OF CHULA VISTA, a California charter city and municipal corporation By: Mary Casillas Salas, Mayor LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager ATTEST: By: Kerry Bigelow, City Clerk APPROVED AS TO FORM: By: Glen R. Googins, City Attorney 2022/12/06 City Council Post Agenda Page 1088 of 1285 Exhibit A Legal Description of the Land Real property in the City of Chula Vista, County of San Diego, State of California, described as follows: LOT 7 OF CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER), IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16081, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 2015. APN: 643-060-57-00 2022/12/06 City Council Post Agenda Page 1089 of 1285 Exhibit B Depiction of the Land 2022/12/06 City Council Post Agenda Page 1090 of 1285 Exhibit C Preliminary Estimate of Project Costs Early Work Estimated Costs: Payable as reimbursement of actual cost NTE $500,000 $500,000 Library Building Estimated Costs: (warm shell) $38,000,000 Library Building Tenant Improvements Estimated Costs: TIs on 110,000 sf $13,750,000 Site Work Estimated Costs: Estimate of proportionate share of site work surrounding Library and Amenity buildings $4,794,438 Parking Structure Estimated Costs $14,000,000 Amenity Building Estimated Costs: $6,000,000 Developer Fee and Construction Supervision Fee $5,223,750 TOTAL ESTIMATED REIMBURSABLE PROJECT COSTS $82,252,297 Other Costs (land acquisition costs under PSA) $11,000,000 Previously incurred Soft Costs (payable under PSA) $3,145,203 Estimate Total $96,413,391 2022/12/06 City Council Post Agenda Page 1091 of 1285 2022/12/06 City Council Post Agenda Page 1092 of 1285 Exhbit D Page 1 of Exhibit D Procedures to Complete Tenant Improvement Plans and Specifications, Parking Structure Plans and Specifications, and Site Work Plans and Specifications 1. Tenant Improvements. 1.1 Space Plan and Preliminary Specifications. After execution of the Prime Contract, but no later than one (1) week following execution of the Prime Contract, the Developer shall engage an architect approved by City (“TI Architect”) to prepare a schematic space plan ("the TI Space Plan") pertaining to the design of the Tenant Improvements and preliminary specifications pertaining to the Tenant Improvements ("the TI Preliminary Specifications"). When the initial draft of the TI Space Plan and the TI Preliminary Specifications have been prepared, Developer shall submit the initial draft of the TI Space Plan and the TI Preliminary Specifications to City for City’s review and approval, which approval may be given or withheld in City’s sole discretion. If City disapproves the TI Space Plan and the TI Preliminary Specifications, then (1) City shall provide written comments for proposed changes to The TI Space Plan and the TI Preliminary Specifications and (2) City and Developer shall cooperate to provide the required information to TI Architect to allow TI Architect to revise the proposed The TI Space Plan and the TI Preliminary Specifications to incorporate all changes requested by City; however, if City has not approved the TI Space Plan and the TI Preliminary Specifications by January 15, 2024, then a City Delay shall exist. 1.2 Working Drawings. After City has approved the TI Space Plan and the TI Preliminary Specifications, Developer shall cause TI Architect to prepare working plans and specifications (collectively, "the Working Drawings") that (i) define the scope of work, hereinafter referred to as "Developer’s TI Work," (ii) shall be based upon the TI Space Plan and TI Preliminary Specifications, and (iii) shall be sufficiently detailed to apply for a building permit and to solicit subcontractors and material suppliers to prepare and submit fixed bids. Following preparation of the Working Drawings, Developer shall (1) deliver to City a copy of the Working Drawings for City's approval and (2) deliver to Prime Contractor a copy of the Working Drawings for Prime Contractor to solicit bids from subcontractors. If City has an objection to the Working Drawings, then (1) City shall specify the objection in a writing delivered to Developer and (2) Developer shall cause TI Architect to revise and resubmit to City the Working Drawings until City approves the Working Drawings; however, if City has not approved the Working Drawings by May 1, 2024 then a City Delay shall exist; provided that a City delay shall not exist if the failure to timely approve the Working Drawings is caused by delays by Developer, a Developer Party, or the TI Architect. 1.3 TI Improvement Contract. After City approves the Working Drawings, Developer shall, pursuant to a written contract ("the TI Improvement Contract"), engage the services of Prime Contractor to construct and install Developer’s TI Work in an expeditious, diligent and workmanlike manner. The general form of the TI Improvement Contract shall be substantially similar to the American Institute of Architects form cost plus a fee contract with a guaranteed maximum price. The Subcontractors to perform the work under the TI Improvement Contract shall be selected as provided in Exhibit G of this Agreement. 1.4 Change Orders. If during the course of performing the Developer’s TI Work any changes are proposed to the scope of the work as described in the approved Working Drawings (excluding change proposed by City), such changes shall be submitted to City for City’s approval, which shall not be 2022/12/06 City Council Post Agenda Page 1093 of 1285 Exhbit D Page 2 of 4 unreasonably withheld, conditioned or delayed if such changes are reasonably required for the good and workmanlike completion of the Developer’s TI Work. City may, at any time(s) request changes to the scope of the work described in the approved Working Drawings, provided that incorporation of such change into the scope of Developer’s TI Work shall be conditioned upon City’s acknowledgement of (1) a reasonably estimated period of City Delay related to such change, if any, and (2) an appropriate adjustment to the Tenant Improvement GMP. 1.5 City’s Election Not to Proceed with Developer’s TI Work. Notwithstanding the foregoing, City may, at any time in advance of Developer’s execution of the TI Improvement Contract and in City’s sole and absolute discretion, elect not to proceed with the Developer’s TI Work, in which case (1) City shall reimburse Developer for all costs incurred and substantiated by Developer in connection with the preparation of the TI Space Plan, the TI Preliminary Specifications, and the Working Drawings and (2) without Developer’s prior written approval, which approval shall not be unreasonably withheld or delayed, City shall not cause any of the Developer’s TI Work to be commenced and performed until after the Closing Date (as such term is defined in the Purchase and Sale Agreement). 2. Parking Structure. 2.1 Parking Design Alternatives. Parking for users of the Library Building is contemplated take the form of one of the following: 2.1.1 Six level structure (three levels below grade, one level at grade, and two levels above grade) having a capacity of approximately 1,300 spaces “the Six Level Structure”). The plans for the Six Level Structure (“the Six Level Structure Plans”) are permit ready and do not require any modification to the Six Level Structure Plans to construct the Parking Structure. 2.1.2 Four level structure (three levels below grade and one level at grade) having a capacity of approximately 800 spaces (“the Four Level Structure”). No plans for the Four Level Structure currently exist, but if City elects to proceed with the Four Level Structure, the Six Level Structure Plans will be modified to eliminate the two levels of above grade parking. 2.1.3 Three level structure (two levels below grade and one level at grade) having a capacity of approximately 600 spaces (“the Three Level Structure”). No plans for the Three Level Structure currently exist, but if City elects to proceed with the Three Level Structure, the Six Level Structure Plans will be modified to eliminate the two levels of above grade parking and one level of below grade parking. 2.1.4 One level surface parking (no structure). No plans currently exist for surface parking only. City acknowledges that if City elects to proceed with surface parking only and not construct a parking structure, then the parking on the land will not be sufficient to comply with the minimum parking requirements under applicable building codes and additional parking off site would be required. 2.2 Parking Design Selection. On or before the date that is 12 months following the Effective Date, City shall advise Developer in writing of which of the four parking alternatives City wants to be constructed. If City selects an alternative other than the Six Level Structure, then Developer shall engage Architect to revise the Six Level Structure Plans to incorporate the changes required to construct the alternative selected by City (such revised plans are herein referred to as “the Revised Parking Plans.”) When the initial draft of the Revised Parking Plans have been prepared, Developer shall submit the initial 2022/12/06 City Council Post Agenda Page 1094 of 1285 Exhbit D Page 3 of 4 draft of the Revised Parking Plans to City for City’s review and approval, which approval may be given or withheld in City’s reasonable discretion. If City reasonably disapproves the Revised Parking Plans, then (1) City shall provide written comments for proposed changes to the Revised Parking Plans and (2) City and Developer shall cooperate to provide the required information to Architect to allow Architect to revise the proposed the Revised Parking Plans to incorporate all changes reasonably requested by City; however, if City has not approved the Revised Parking Plans by January 15, 2024, then a City Delay shall exist; provided that a City delay shall not exist if the failure to timely approve the Revised Parking Plans is caused by delays by Developer, a Developer Party, or the Architect 2.3 Construction. As used herein, “the Parking Plans and Specifications” shall mean either the Six Level Structure Plans or the Revised Parking Plans approved by City, as applicable. After City selects the Six Level Structure Plans or approves the Revised Parking Plans, Developer shall, pursuant to a written change order (“the Parking Change Order”) to the Prime Contract engage the services of Prime Contractor to construct the improvements described in the Parking Plans and Specifications in an expeditious, diligent and workmanlike manner. The Subcontractors to perform the work under the Parking Change Order shall be selected as provided in Exhibit G of this Agreement. 3. Site Work. 3.1 Existing Site Work Plans and Specifications. At the time this Agreement is executed, plans for the Site Work (“the Existing Site Work Plans and Specifications”) have been prepared, but need to be modified in the following respects because the Existing Site Work Plans and Specifications were prepared in contemplation of two multi-story office buildings being constructed on the Land: 3.1.1 The bridge and exterior access stairs shown on the Existing Site Work Plans and Specifications will not be constructed. 3.1.2 The existing building pad on which the additional office building was proposed to be constructed on the Land shall improved with a sprinkler system and planted with hydro- seed. 3.1.3 The landscaping and related amenities in area around the perimeter of the existing building pad on which the additional office building was proposed to be constructed need to be modified to be compatible with a project in which such additional building is not being built. 3.2 Revised Site Work Plans and Specifications. Developer shall engage Architect to revise the Existing Site Work Plans and Specifications to incorporate the changes required to address the changes described above (such revised plans are herein referred to as “the Revised Site Work Plans and Specifications”). When the initial draft of the Revised Parking Plans have been prepared, Developer shall submit the initial draft of the Revised Site Work Plans and Specifications to City for City’s review and approval, which approval may be given or withheld in City’s reasonable discretion. If City reasonably disapproves the Revised Site Work Plans and Specifications, then (1) City shall provide written comments for proposed changes to the Revised Site Work Plans and Specifications and (2) City and Developer shall cooperate to provide the required information to Architect to allow Architect to revise the proposed the Revised Site Work Plans and Specifications to incorporate all changes reasonably requested by City; however, if City has not approved the Revised Site Work Plans and Specifications by January 15, 2024, then a City Delay shall exist; provided that a City delay shall not exist if the failure to timely approve the 2022/12/06 City Council Post Agenda Page 1095 of 1285 Exhbit D Page 4 of 4 Revised Site Work Plans and Specifications is caused by delays by Developer, a Developer Party, or the TI Architect. 3.3 Construction. As used herein, “the Site Work Plans and Specifications” shall mean the Revised Site Work Plans and Specifications approved by City. Developer shall, pursuant to a written change order (“the Site Work Change Order”) to the Prime Contract engage the services of Prime Contractor to construct the improvements described in the Site Work Plans and Specifications in an expeditious, diligent and workmanlike manner. The Subcontractors to perform the work under the Site Work Change Order shall be selected as provided in Exhibit G of this Agreement. 4. Early Work. The wet and/or dry utility work to be constructed on the Land as part of the Improvements as more particularly in the Subcontract procured and executed in accordance with Section 3.2.2 of the Agreement, which is anticipated to include trenching and installation of a potable water line(s)and/or communications infrastructure from the building pad(s) to the anticipated location of the water meter(s) in a manner to allow inspection by the City’s building department for Building Permit Nos. (B17-0654 (Library Building), B17-0656 (Amenity Building), and B17-0657 (Six Level Parking Structure) by no later than February 28, 2023. 5. City’s Approvals. City’s approvals described above shall be made in City’s capacity as a party to this Agreement and no approval by City under this Agreement shall be construed as City’s approval of the Working Drawings in City’s regulatory capacity as a governmental agency that reviews and approves applications for building permits and inspects works of improvement for compliance with Laws. 6. Performance of Exhibit D Work. For the avoidance of doubt, Developer’s performance of any work pursuant to this Exhibit D shall be subject to all terms, conditions, performance standards, performance specifications, and other requirements of the Agreement. 2022/12/06 City Council Post Agenda Page 1096 of 1285 Exhibit E Construction Requirements 1. Contractors. City shall have the right to approve the contractors and subcontractors for the Project, in its reasonable discretion. All contractors and subcontractors performing any Project must be licensed in the State of California. 2. Architects and Engineers. All architects and engineers must have an active license to practice in the State of California. 3. Construction Barricades. Developer shall install a construction barricade around the area of Project, and erect such other protective measures as may be reasonably required by City. 4. Dust and Trash Control. Developer shall take commercially reasonable steps to minimize dust resulting from work in furtherance of the Project, and shall promptly dispose of all trash generated from the work in furtherance of the Project. 5. Performance Bond and Payment Bond. Article ___ of the Agreement shall govern requirements relating to Performance and Payment Bonds for the Project. 6. Construction Schedule. The Agreement governs provisions relating to the schedule for the Project. 7. Copy of Record Set of Plans and Certificate of Completion. Following the conclusion of the Project, Developer shall deliver to City (i) a set of “as-built drawings” and (ii) a copy of the certificate of completion issued by the applicable government agency, if any such certificate of completion must be issued. 8. Conflict. In the event of conflict between the terms of these Construction Requirements and terms of the Agreement, the terms of the Agreement shall control. 2022/12/06 City Council Post Agenda Page 1097 of 1285 Exhibit F Project Plans and Specifications B17-0654 (Library Building) B17-0656 (Amenity Building) B17-0657 (Six Level Parking Structure) 2022/12/06 City Council Post Agenda Page 1098 of 1285 Exhibit G Approved Prime and Subcontractor Bid and Award Process I. PRIME CONTRACTOR Developer has selected as the prime contractor for the construction of the Project ___________________________________________________ (“Prime Contractor”). The Prime Contractor was selected by Developer from a pre-qualified list after a competitive solicitation process to determine the “best qualified contractor” after considering, without limitation, each bidders demonstrated competence, qualifications, ability to achieve timely completion, capacity, skill, compliance with bid documents, costs, and other relevant criteria , ”. The process for solicitation and award to the Prime Contractor was approved by the City of Chula Vista City Council on December 6, 2022 pursuant to City Council Resolution No. _________________________________________. II. SUBCONTRACTORS A brief description of the process to be followed for the selection of subcontractors follows: Initial Invitation to Propose  Describe either: (i) targeted proposal process or (ii) open public bid process. RFQ stage  Identified potential subcontractors (minimum of five for each package) are invited to submit qualifications data. This includes information regarding past relevant / similar project experience, customer feedback from those projects, current backlog, available trades personnel resources, proposed supervisory / management personnel, financial capability, and design capabilities (for design-build subcontracts). RFP stage  Where practical, Prime Contractor will obtain a minimum of three bids/competitive proposals from all subcontractors and from suppliers of materials or equipment directly to Prime Contractor and Prime Contractor will deliver such bids to Developer.  Subcontractors deemed qualified are invited to submit detailed proposals including – o Qualitative factors  Supervisory personnel commitments and organization chart  Schedule management plan  Quality management plan  Plan for providing adequate qualified trades personnel  Pre-construction / design phase services approach and staffing o Quantitative factors  Pricing for the detailed subcontract package scope of work description as provided by Prime Contractor. This includes further breakdown as directed by Prime Contractor to allow for detailed pricing evaluation.  Estimated trades work-hours  Schedule detail and projected trades crew size graphs  Proposed rates for labor, equipment, insurance etc. (for use in future change order negotiations, or for billing purposes in the case of cost-plus/GMP subcontracts) 2022/12/06 City Council Post Agenda Page 1099 of 1285 o Contract terms – Subcontractors are required to identify any exceptions to the subcontract documents and project manual provided by Prime Contractor, as well as any clarifications or exceptions to the scope of work definition provided.  Proposals are evaluated jointly by Prime Contractor and Developer. In general, quantitative factors are given the most weight, but significant differences in evaluation of qualitative factors could overcome a difference in pricing. Prime Contractor and Developer may also consider other factors such as the maintenance of labor peace.  The highest rated proposers (typically target three each) are invited for in-depth interviews. Interview & BAFO stage  In-depth interviews are conducted with the short-listed subcontractors. The interviews are focused on proposed supervisory personnel qualifications, the subcontractors’ project plan, and insuring there is a complete understanding of the required scope and schedule for the subject package as well as regulatory requirements (i.e. prevailing wage etc.).  Following interviews, subcontractors are provided with a list of Prime Contractor and Developer comments or questions to be addressed, feedback on any proposed exceptions to the contract documents, and are invited to provide a “best and final offer” price proposal. Final selection & award process  Prime Contractor and Developer jointly review updated, final proposals, and make tentative selection for award based on their determination of the overall value for the Project.  Selected subcontractor is informed of their status, and any additional conditions for award by Prime Contractor, in consultation with Developer.  After confirmation of the selected subcontractor’s acceptance of any additional conditions, unsuccessful subcontractors are notified and provided a debrief regarding evaluation of their proposal.  No subcontract will be awarded if either Prime Contractor (in its reasonable determination) or Developer objects thereto.  Prime Contractor will provide to Developer, prior to commencement of the work and updated as changes may occur, a listing of all subcontractors and suppliers who Prime Contractor has retained to complete the work.  From time to time after any subcontracts have been awarded, Developer will deliver a notice to the City with a list of such subcontracts and a confirmation that the subcontractors have been selected in accordance with the procedure set forth in this Exhibit. 2022/12/06 City Council Post Agenda Page 1100 of 1285 Exhibit H Form of Developer’s Payment Request [_______], 202[_] City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Attention: City Manager Re: Payment Request No. [___] under Project Development Agreement (the “Agreement”), dated as of December 6, 2022, by and between the City of Chula Vista, a chartered municipal corporation (“City”) and LMC-Millenia Investment Company, L.P., a California limited partnership (“Developer”). Payment Request of $[_________] Requested Payment Date: [_________], 20[__] Dear City: The Developer submits this Payment Request No. [___] (this “Payment Request”) pursuant to Section 9.1.2 of the Agreement with respect to the Project. Capitalized terms used herein without definition shall have the meanings assigned in the Agreement. In connection with the requested payment, the Developer hereby represents, warrants , and certifies as of the date hereof as follows: (a) Schedule 1 accurately reflects for each line item in the (i) the cu rrent budget amount, (ii) amounts previously funded by City, (iii) the Requested Payment Amount, (iv) hard costs incurred, including retainage, and (v) retainage withheld. (b) Schedule 2 accurately lists, for the Requested Payment Amount, each person or entity to whom any Reimbursable Project Costs have been paid (or are entitled to payment) and for each line item in such schedule and for each such person, the following: (i) the name of the payee paid, (ii) the invoice date, invoice number, and amount that Developer has paid to such person or entity, (iii) a description of the purpose of such payment, specifying the line item relating to each such payment . Further, that the amounts listed in Schedule 2 do not include any non-Project Costs or excluded costs under the Agreement. The information set forth in Schedule 2 as noted above is true, correct, and complete in all material respects. (c) The Developer has delivered or caused to be delivered to City: (i) copies of true and complete invoices that have bee n tendered for all Reimbursable Project Costs pursuant to this Payment Request; and 2022/12/06 City Council Post Agenda Page 1101 of 1285 (ii) statutory lien/stop payment notice conditional waivers and releases associated with all work performed, or supplies provided, for the Project; and (iii) copies of all approved increased costs executed prior to the date of this Payment Request. (d) To Developer’s actual knowledge, the construction performed for the Project as of the date hereof has been performed substantially in accordance in all material respects with the Improvement Plans and Specifications with respect to the Project, or to the extent any such construction has not been performed substantially in accordance in all material respects with the Improvement Plans and Specifications, the amount to be disbursed under this payment request has been reduced by $[_____] pursuant to the Architect’s Certificate (as defined below) to reflect the reasonably estimated cost of causing such construction to be performed substantially in accordance in all material respects with the Improvement Plans and Specifications with respect to the Project. (e) To the actual knowledge of Developer (after enquiring with Developer’s Prime Contractor), no work or component of work has been rejected or disapproved by an inspector or other authorized representative of City. (f) The amount of the Payment Request reflects a reduction of $[_____], being the amount for which the Developer does not intend to pay any Prime Contractor or any Subcontractor. (g) The Project Budget presently in effect is dated [__________] and has not been amended and includes all amendments through Project Budget Amendment No. [___]]. Said budget (i) is based on reasonable assumptions as to all legal and factual matters material to the esti mates set forth therein, (ii) has been prepared in good faith and with due care, (iii) accurately sets forth, for each line item in the Project Budget, the total costs anticipated to be incurred to achieve Completion, and (iv) fairly represents in all material respects the Developer’s reasonable expectation as to the matters covered thereby as of its date. (h) The Developer is informed and believes, and on that basis represents, that the remaining Product Budget is sufficient to fully fund and Complete the Project. (i) As of the date hereof, no Event of Default exists. Attached to this Payment Request as Exhibit 1 is a certificate from the Architect (the “Architect’s Certificate”). [SIGNATURE PAGE FOLLOWS] 2022/12/06 City Council Post Agenda Page 1102 of 1285 IN WITNESS WHEREOF, the undersigned has executed this Payment Request as of this [___] day of [_________], 202[_]. DEVELOPER LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager 2022/12/06 City Council Post Agenda Page 1103 of 1285 Schedule 1 to Developer’s Payment Request Schedule 2 to Developer’s Payment Request 2022/12/06 City Council Post Agenda Page 1104 of 1285 EXHIBIT 1 Certificate of Architect [_______], 20[__] City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Attention: City Manager LMC-Millenia Investment Company, L.P., Re: Payment Request No. [___] under Project Development Agreement (the “Agreement”), dated as of _______________, 2022, by and between the City of Chula Vista, a chartered municipal corporation (“City”) and LMC-Millenia Investment Company, L.P., a California limited partnership (“Developer”) Payment Request of $[_________] Requested Payment Date: [_________], 20[__] Dear City: Capitalized terms used herein without definition shall have the meanings assigned to them in the Agreement. [  ] (the “Architect”) hereby certifies as follows: (a) The Architect has reviewed the above referenced Payment Request No. [___] (the “Payment Request”) and the Agreement, to the extent necessary to understand the defined terms contained herein and in the Payment Request that are incorporated by reference from the Agreement and to provide the certification contained herein. (b) The Architect hereby certifies and confirms that, pursuant to the observation of the work as required by the [describe Architect Agreement] and in accordance with applicable professional standards, the construction performed for the Project as of the date hereof has been performed substantially in accordance in all material respects with the Project, or to the extent any such construction has not been performed substantially in accordance in all material respects with Improvement Plans and Specifications, the amount to be disbursed under this payment request has been reduced by $[_____] to reflect the reasonably estimated cost of causing such construction to be performed substantially in accordance in all material respects with Improvement Plans and Specifications. The foregoing certification is subject to an evaluation of the Project for conformance with the Project upon Completion, to results of subsequent tests and inspections, and to correction of minor deviations from the Improvement Plans and Specifications, prior to Completion. This certificate is not a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and 2022/12/06 City Council Post Agenda Page 1105 of 1285 material suppliers, or (4) made examination to ascertain how or for what purpose the Developer has used money previously paid on account of the Project. (c) Any representations or certifications by the Architect herein shall mean an expression of the Architect’s professional opinion to the best of its information, knowledge , and belief, and does not constitute a warranty or guarantee by the Architect. The City is entitled to rely on the foregoing representations, warranties, and certifications in authorizing and making the disbursement requested in the Payment Request. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Architect as of this [___] day of [_________], 202[__]. [  ] By: _____________________________________ Name: Title: 2022/12/06 City Council Post Agenda Page 1106 of 1285 Exhibit I Best Qualified Contractor Subcontract Award Approval Request Request No. Reference is made to that certain Project Development Agreement (the “Agreement”), dated as of [ ● ], 2022, by and between the City of Chula Vista, a chartered municipal corporation (“City”) and LMC- Millenia Investment Company, L.P., a California limited partnership (“Developer”). Capitalized terms used herein without definition shall have the meanings assigned in the Agreement. The Developer hereby provides notice of intent to award a subcontract to [insert] as a “best qualified” contractor (as described in Chula Vista Municipal Code section 2.56.160(H)). A draft of such subcontract is attached as Exhibit 1 hereto. In connection with this Best Qualified Contractor Subcontract Award Approval Request, the undersigned hereby certifies, represents , and warrants to the City, in each case, solely in his or her capacity as [insert title] of Developer and not in his or her individual capacity, as follows: A. He (she) is a duly authorized representative or signatory of Developer, qualified to execute this Subcontract Award Approval Request on behalf of Developer and is knowledgeable as to the matters set forth herein. B. The proposed subcontractor is as follows: a. [Corporate Name] b. [dba] c. [Mailing Address] d. [Contact Phone Number] e. [Contact Email] f. [California Contractor License Number] g. [City of Chula Vista Business License Number] C. The proposed subcontract includes the following scope of work: [insert scope] D. The proposed subcontract is in the amount of $ . E. The Developer or its Prime Contractor conducted a qualification process that considered, among other things, any or all of the following: past relevant/similar project experience, construction experience and capability, labor relations, customer feedback from those projects, curren t backlog, available trades personnel resources, proposed supervisory/management personnel, financial capability, and design capabilities (for design-build subcontracts). F. The Developer or its Prime Contractor considered, among other things, any or all o f the following: qualitative factors (i.e. personnel, schedule management, construction experience and capability, labor relations, experience, expertise and business practices and policies that increase the likelihood that the Project will be completed without disruption, and quality management) and quantitative factors (i.e. price, schedule details, and rate for labor, equipment, and insurance). 2022/12/06 City Council Post Agenda Page 1107 of 1285 G. The Developer conducted a pre-selection in-depth interview with potential “best qualified” subcontractors. H. The Developer determined that the proposed subcontractor provided the best value for the Project. I. The proposed subcontract has been awarded in accordance with the Agreement. I hereby declare, solely in my capacity set forth below and not in my indi vidual capacity, that the above representations are true and correct. DEVELOPER: LMC-Millenia Investment Company, L.P., a California limited partnership By LMC-Millenia GP, LLC a Delaware limited liability company By Lee M. Chesnut, Manager Dated: By the City’s execution of this Best Qualified Contractor Subcontract Award Approval Request, and in reliance upon the Developer’s representations and certifications set forth in the above request for approval of Best Qualified Contractor Subcontract Award, the City hereby approves such award. APPROVED: CITY: By: [Name], [Title] Dated: 2022/12/06 City Council Post Agenda Page 1108 of 1285 Library – Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov November 30, 2022 Eric Crockett, Deputy City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91945 Dear Mr. Crockett: I am pleased to confirm that the State of California has designated “$25,000,000 to the City of Chula Vista for the Cinematic Arts Library” in AB 179 (SEC 207. Section 19.56, Chapter 249, Statutes of 2022). The grant award and dispersal of the funds for this project is contingent upon the California State Library receiving those funds. For the City of Chula Vista to be eligible to receive the funds listed in AB 179 the State Library must approve your application and receive a signed Grant Agreement and Certification of Compliance. Applications can be submitted though the State Library’s grant management system: https://webportalapp.com/sp/csl_targeted_grant Once the funds have been released to the State Library for dispersal, and upon all conditions being met, you will receive an award packet that will include the official award letter, grant agreement and compliance certification documents, and a payment claim form. The award packet will be delivered via DocuSign. To confirm, the grant award and dispersal of the funds for this project is contingent upon the California State Library receiving those funds. If you have any questions, please contact Grant Analyst, Wendy Amireh, at wendy.amireh@library.ca.gov. On behalf of the California State Library, we look forward to working with you! Respectfully yours, Greg Lucas California State Librarian cc: Wendy Amireh Natalie Cole Lynne Oliva Lena Pham Reed Strege Rebecca Wendt Greg Lucas Digitally signed by Greg Lucas Date: 2022.11.22 16:11:35 -08'00' 2022/12/06 City Council Post Agenda Page 1109 of 1285 Targeted State Grant Program 2022-2023 Page 2 State Library Fiscal Office 2022/12/06 City Council Post Agenda Page 1110 of 1285 Library – Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov November 30, 2022 Eric Crockett, Deputy City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91945 Dear Mr. Crockett: I am pleased to confirm that the State of California has designated “$5,000,000 to the City of Chula Vista for the land and entitlement costs for new library” in AB 179 (SEC 207. Section 19.56, Chapter 249, Statutes of 2022). The grant award and dispersal of the funds for this project is contingent upon the California State Library receiving those funds. For the City of Chula Vista to be eligible to receive the funds listed in AB 179 the State Library must approve your application and receive a signed Grant Agreement and Certification of Compliance. Applications can be submitted though the State Library’s grant management system: https://webportalapp.com/sp/csl_targeted_grant Additionally, we must receive and approve the following items related to the purchase of 1775 Millenia Avenue, Lot 7, Chula Vista, CA 91915. • Preliminary Title Report • Listing of Additional Funding Sources • Vesting Document • CEQA (if applicable) • Phase I/II Environmental Report • Condition of Property Statement • Seismic Safety Assessment • Water/Mineral Rights (if applicable) • Legal Description • Location/Plot Map • Assessor’s Parcel Map • Appraisal • Property Acquisition Agreement with all exhibits/attachments • Other Contracts/Agreements (examples: use restriction or lease agreements) • Aviation Restrictions (if within 2 miles of an airport) • Certificate of Acceptance • Site Selection/Property Acquisition Summary • Escrow Instructions 2022/12/06 City Council Post Agenda Page 1111 of 1285 Targeted State Grant Program 2022-2023 Page 2 A Deed/Notice of Unrecorded Grant Agreement and Title Insurance are required after receiving your award. Once the funds have been released to the State Library for dispersal, and upon all conditions being met, you will receive an award packet that will include the official award letter, grant agreement and compliance certification documents, and a payment claim form. The award packet will be delivered via DocuSign. To confirm, the grant award and dispersal of the funds for this project is contingent upon the California State Library receiving those funds. If you have any questions, please contact Grant Analyst, Wendy Amireh, at wendy.amireh@library.ca.gov. On behalf of the California State Library, we look forward to working with you! Respectfully yours, Greg Lucas California State Librarian cc: Wendy Amireh Natalie Cole Lynne Oliva Lena Pham Reed Strege Rebecca Wendt State Library Fiscal Office Greg Lucas Digitally signed by Greg Lucas Date: 2022.11.22 16:11:08 -08'00' 2022/12/06 City Council Post Agenda Page 1112 of 1285 Chesnut Properties – Executive Team Since 1990, Chesnut Properties has had a passion for building great places and positioning ourselves for long-term ownership. We strive to be authentic and excellent in all we do; with the goal of building lasting relationships with our current and future tenants and our growing list of “A-list” professionals that support our pursuits. Today, we are delivering powerful, large-scale solutions to the markets of Southern California and Arizona to meet the needs of leading companies who place high demands on their workplace. Lee Chesnut – Founder/CEO Lee has always been passionate about building things. From working construction in his early years, to a career in real estate, to building a loving family, he is always seeking to better the world around him by his work. As Principal and Founder of Chesnut Properties, Lee’s passionate and intuitive vision for the projects he pursues has helped him achieve the success he has today. In his free time, Lee bounces between his home in Rancho Santa Fe and Lake Tahoe paddle boarding, boating, and spending time with his four children and ten grandchildren. Susan Guerra - Chief Operations Officer Susan Guerra is the Chief Operations Officer for Chesnut Properties. Ms. Guerra has been a commercial real estate professional for over 30 years. Ms. Guerra oversees all areas of operations within the Chesnut Properties diverse portfolio. This is inclusive of property management, tenant liaison, construction and vendor oversight, budgeting, property acquisition and disposition. 2022/12/06 City Council Post Agenda Page 1113 of 1285 Mary Kay Jordan - Chief Financial Officer Mary Kay Jordan has over 30 years of accounting experience in various industries. For the past 19 years, she has overseen all financial aspects of the Chesnut Properties portfolio. As Chief Financial Officer she has been responsible for putting in place key financing for new acquisitions, construction, land purchases and refinancing. Please visit our website to learn more about Chesnut Properties: https://www.chesnutproperties.com/ 2022/12/06 City Council Post Agenda Page 1114 of 1285 Lee M. Chesnut | Founder/CEO/Principal Lee M. Chesnut, a resident of Rancho Santa Fe, CA, began his commercial real estate career with John Burnham and Company in 1986. Within a few years, he was presented with the opportunity to head the regional management and marketing efforts with Reynolds and Shidler (A Shidler Group entity). These early years of experience helped shape Lee’s perspective on creative approach to real estate challenges and opportunities. With the RTC Meltdown wreaking havoc in commercial real estate in 1990, Lee realized that the financial disaster was likely to create unique opportunities for those who are willing to take risk. It was in this climate that Lee formed Chesnut Properties. Two years later Lee executed on his first distressed asset purchase and which began a feverish pace of acquiring underperforming/vacant properties and quickly repositioning into stabilized profitable investments. Over the past thirty years, Mr. Chesnut has successfully acquired, repositioned and/or built numerous properties totaling over 1,250,000 square feet representing complex high-performance life-science buildings, large-scale corporate buildings, landmark above Class “A” buildings and industry leading sustainable projects. Today, Chesnut Properties is strategically positioned to bring to various communities its passionate approach to delivering complex and impactful real estate projects; with projects under way that represent over 60 acres of land and entitlements that total over 3,000,000 square feet. The Company utilizes multiple relationship and financial structures in order to execute this scale of development including: Private pursuits, Long-Term Ground Leases, Customized Structured Debt strategies, and P3 relationships (Public/Private/Partnerships). 2022/12/06 City Council Post Agenda Page 1115 of 1285 Susan Guerra | Chief Operations Officer Susan Guerra is the Chief Operations Officer for Chesnut Properties, LLC a diversified Real Estate Development firm specializing in acquisition, development, construction and management of real estate. Ms. Guerra has been a commercial real estate professional for over 25 years. Susan oversees all areas of operations within the Chesnut Properties diverse portfolio. She is the executive oversight since inception of the new campus project “Millenia Office”, located in Eastern Chula Vista. Millenia Office is bringing a whole new market to Chula Vista. It is comprised of Class-A, LEED v4 Platinum, WELL Building Gold campuses entitled THINK (Higher Education use), DISCOVER (Health, Bio, Life Sciences use), INVENT (Technology). Once completed Millenia Office will be delivered at over 1.2 Million square feet of high caliber, state of the art, world class facilities. Construction commences 1st quarter of 2023 with delivery of first campus July 2025. Susan also manages the Class “A” 265,000 square foot state of the art, LEED certified office and research facility located in Tempe, Arizona. This project is designed to be environmentally sensitive and incorporates sustainable resources along with the ability to be virtually managed by both building management and global tenants. Commencing construction in 1st quarter 2023, Susan will oversee the construction and management of the new 386,000 square foot iPark Manufacturing & Distribution facility. This state of the art net-zero project will the first of its kind in San Diego East County and is situated in County Owned Airport property. From ground lease negotiations to approvals from the County Board of Supervisors, the FAA and City municipalities this project is setting goals for sustainability in the County of San Diego. During her career she has worked on notable projects such as the historical rehabilitation of the Old Mission Brewery in San Diego. This major undertaking required community support through Proposition N, a historic façade easement, participation from the Metropolitan Transit Department for trolley accessibility and station placement, along with the coordination of acceptance on the State and Federal Historic registers. Mission Brewery Plaza is a mixed-use project that prided itself on restoring its historical past with the added dimension of expansion with complimentary new construction. Ms. Guerra has successfully capitalized on her construction and property management background in her career managing over two million square feet of office, industrial, biotech, and R&D facilities both for private entities and the University of California San Diego where she handled portfolio management, off-campus leasing along with providing the University with construction management of their tenant improvement projects. Her knowledge of the private and academic industries compliments the Chesnut Properties focus on life science oriented, education and high-tech projects. Ms. Guerra is devoted and passionate about the fight to end Alzheimer’s and currently sits on the Board of Directors of the Alzheimer’s San Diego. Additionally, since she is committed to learn, support and promote the communities she works in she is on the South County YMCA Board, the Southwestern College Foundation Board, and a member of the East County Economic Development Council. 2022/12/06 City Council Post Agenda Page 1116 of 1285 12.1.2022C2 Building Group Qualifications License: 996486 2022/12/06 City Council Post Agenda Page 1117 of 1285 Local, Trusted, Technical Builder. C2 BUILDING GROUP .02 2022/12/06 City Council Post Agenda Page 1118 of 1285 4 5 15 25 27 29 30 Intro Cover Letter Experience Team Revenue References Insurance Conclusion TABLE OF CONTENTS C2 BUILDING GROUP .03 2022/12/06 City Council Post Agenda Page 1119 of 1285 JOSH CHESNUT JEFF COLE Introduction C2 Building Group was formed in 2014 with a desire to build a great team working for great people doing what we love as builders. Josh and Jeff worked at DPR Constuction for 10 years and have extensive experience on large ground up projects. Our team hopes to be selected to work on this project as we are confident we can exceed expectations on the delivery of the project and within the project goals. We are headquartered in Solana Beach, Ca and are focused on staying a local San Diego technical builder. We look forward to the opportunity to work with your team on delivering this exciting project. Key Data: Year of Establishment: 2014 HQ: Solana Beach, Ca Professional & Admin: 27 FTE Operations & Field - 36 FTE Payment Terms - 30 to 45 days Gratefully, INTRODUCTION C2 BUILDING GROUP .04 2022/12/06 City Council Post Agenda Page 1120 of 1285 .05 AnaptysBio TI PROJECT SIZE: 39,336 SF DURATION: 28 WEEKS CUSTOMER: ANAPTYSBIO PROJECT COMPLETED APRIL 2021 OWNER CONTACT: BRIAN BRADY ARCHITECT: MCFARLANE The AnaptysBio TI project features a second floor build out over an existing and operating lab tenant on the first floor. This buildout was finished only 14 weeks after the permit was issued and the team worked closely with the tenant during the project to ensure all the goals were met. The project was succesfully completed in April 2021. This project demostrated C2 Building Group’s ability to deliver high end finishes and meet the technical requirements of AnaptysBio. The project was divided into 2/3 lab and 1/3 office at Bioscience Properties’ campus at 10770 Waterridge. The scope included various new lab spaces with DI, compressed air, vacuum, N2, O2, and CO2 equipment and piping as well as a cold room and all new mechanical and electrical equipment including emergency power. EXPERIENCE C2 BUILDING GROUP 2022/12/06 City Council Post Agenda Page 1121 of 1285 Crown Bioscience TI This lab and vivarium project consisted of design-build construction of a 30,000 SF space to meet the custom requirements for Crown Bioscience. The scope included entirely new mechanical systems to meet specialized pressurization and isolation requirements, new electrical systems including a tie-in to a back-up generator and all new plumbing systems such as compressed air, CO2, and O2. This project was designed, permitted, and built on time and on budget. PROJECT VALUE: $5.4 MILLION CUSTOMER: CROWNBIO PROJECT COMPLETED FEBRUARY 2019 OWNER CONTACT: JAYANT THATTE, CROWN BIO ARCHITECT: FPBA EXPERIENCE C2 BUILDING GROUP .06 2022/12/06 City Council Post Agenda Page 1122 of 1285 .07 The Yard Repositioning Project PROJECT SIZE: 45,000 SF DURATION: 20 WEEKS CUSTOMER: LOCALE OWNER CONTACT: BRIAN BRADY ARCHITECT: RIOS AND WARE MALCOMB The Yard project is a great example of a cost effective repositioning project. C2 worked with Hollywood designer Rios Clemente Hale to achieve the design trends and rendering images with a practical budget. The project features painted tenant entries, painted stripes on the tilt up panels, and new landscaping and a steel and wood trellis in the courtyard area. This project demostrated C2 Building Group’s ability to deliver high end design goals with a practical budget and in a tight timeline. EXPERIENCE C2 BUILDING GROUP 2022/12/06 City Council Post Agenda Page 1123 of 1285 .08 Space Craft 2051 PAR PROJECT SIZE: 122,336 SF CUSTOMER: STEELWAVE PROJECT COMPLETED APRIL 2020 This project was over $8M and is a great example of a repositioning project. The project included a new open lobby entry featuring new heavy raw steel, new curtainwall glazing entrance, elevator screen, landscaping on the entire site, and a new outdoor amenity space. The project was succesfully completed in April 2020. EXPERIENCE C2 BUILDING GROUP 2022/12/06 City Council Post Agenda Page 1124 of 1285 .09 SOVA Science District PROJECT SIZE: 14 BUILDINGS DURATION: 28 WEEKS CUSTOMER: LONGFELLOW PROJECT COMPLETED AUGUST 2020 ARCHITECT: DGA C2 Building Group is very proud of the work we delivered at the SOVA Science District. Our team worked closely with DGA to provide a cost-effective, practical solution to achieve the yellow facade panels on the renderings. The project included facade upgrade, a new fitness center, coffee shop, and outdoor amenity space. EXPERIENCE C2 BUILDING GROUP 2022/12/06 City Council Post Agenda Page 1125 of 1285 .10 TriLink TI PROJECT SIZE: 14,300 SF DURATION: 12 WEEKS CUSTOMER: TRILINK PROJECT COMPLETED FEBRUARY 2021 OWNER CONTACT: BRIAN BRADY ARCHITECT: MCFARLANE The TriLink Office Expansion project consisted of a 14,300 SF TI for the TriLink executive team. The timeline was expedited to support the company’s expansion due to being tied to the development of the COVID-19 vaccine. This project was a great example of what a team can accomplish with a common goal. The project was succesfully completed in February 2021. This project demostrated C2 Building Group’s ability to manage an accelerated schedule in the current market. C2 was able to drive procurement and provide solutions to support an expedited schedule and move-in process without compromising quality or the high expectations of the team. EXPERIENCE C2 BUILDING GROUP 2022/12/06 City Council Post Agenda Page 1126 of 1285 Nautilus III Lab TI This project consisted of a 25,000 SF buildout of a new lab space for Fate Therapeutics in the Nautilus campus in Torrey Pines. This space features half lab and half office including custom lab benches, fume hoods, tissue culture rooms, and open creative office space with custom wood ceilings and high end architectural woodwork. PROJECT VALUE: $6.2 MILLION CUSTOMER: ALEXANDRIA REAL ESTATE PROJECT COMPLETED DECEMBER 2019 ARCHITECT: GENSLER EXPERIENCE C2 BUILDING GROUP .11 2022/12/06 City Council Post Agenda Page 1127 of 1285 .12 Abbott Rapid Diagnostics PROJECT SIZE: 46,000 SF PROJECT VALUE: $5.2 WEEKS CUSTOMER: ABBOTT PROJECT COMPLETED APRIL 2019 OWNER CONTACT: MIKE LAND, ABBOTT ARCHITECT: FPBA The Abbott Rapid Diagnostics project consisted of a 46,000SF tenant improvement buildout comprised of 1/4 office, 3/4 lab in Carlsbad. The office and lab portions of the project were phased, requiring coordination with FPBA and the City to allow for early occupancy of the office. The project was succesfully completed in April 2019. This project demostrated C2 Building Group’s ability to manage and buildout a dense lab space for a tenant with demanding and sophisticated requirements and commissioning/validation processes. The scope included various new lab spaces for multiple functions, each with their own mechanical and plumbing requirements such as humidification, pressurization and gas services. C2 provided all new mechanical, plumbing and electrical equipment and all other finishes while working closely with Abbott throughout to ensure their needs were met. EXPERIENCE C2 BUILDING GROUP 2022/12/06 City Council Post Agenda Page 1128 of 1285 .13 EXPERIENCE C2 BUILDING GROUP Past clients. Current friends. 2022/12/06 City Council Post Agenda Page 1129 of 1285 .14 2022/12/06 City Council Post Agenda Page 1130 of 1285 2022/12/06 City Council Post Agenda Page 1131 of 1285 Josh Chesnut, LEED AP Josh Chesnut was born and raised in San Diego, Ca and began his career working with DPR Construction. He is passionate about delivering project results and exceeding client’s expectations. He and Jeff Cole founded C2 Building Group with the drive to create a company to service clients from a hands on relationship driven approach. He leads a company of talented individuals that share in his vision of breaking the mold of how projects are delivered. C2 Building Group specializes in projects in the Life Science, Hospitality and Creative Office Markets. B.A., Managerial and Organizational Communications, Point Loma Nazarene University USGBC LEED® Accredited Professional BD+C PRECONSTRUCTION MANAGER/PRINCIPAL| 18 YEARS INDUSTRY EDUCATION RELEVANT EXPERIENCE CERTIFICATIONS PROJECT STAFFING C2 BUILDING GROUP DermTech TI San Diego, CA Project Value: $17.0M Project Size: 90,255 SF Shire Regenerative Medicine, Inc. FKA Advanced BioHealing San Diego, CA Project Value: $94,000,000 Ground-up Biotech Scripps Health | Scripps Radiation Therapy Center San Diego, CA Project Value: $21,000,000 Project Size: 45,000 SF Oberlin Owner, llc | The Yard Shell/Core Renovations San Diego, CA Project Value: $3,200,000 Project Size: 50,000 SF La Jolla Institute La Jolla, CA Project Value: $33,981,000 Project Size: 144,000 SF Anka Property Group | Alta - 6th & Market San Diego, CA Project Value: $49,000,000 Project Size: 213,000 SF .16 Abbott Rapid Diagnostics Carlsbad, CA Project Value: Non-disclosed Lab & Office TI for Abbott Faraday Project Size: 45,675 SF UCSD Sulpizio Cardiovascular Center San Diego, CA Project Value: $147,000,000 Project Size: 128,000 SF Project Size: 45,675 SF 2022/12/06 City Council Post Agenda Page 1132 of 1285 Jeff Cole Jeff Cole was born and raised in Santa Barbara, Ca. He attended Point Loma Nazarene University and acquired a degree in History. After graduation he began his career in construction and joined DPR Construction. He is a talented leader on projects and has a drive for operations. He has formed lasting relationships in the San Diego market and has extensive experience in the Life Science market sector. He has led C2 Building Group in preconstruction, estimating, and operations since founding C2. B.A., History, Point Loma Nazarene University OWNER- PRECON/OPERATIONS | 18 YEARS INDUSTRY EDUCATION RELEVANT EXPERIENCE PROJECT STAFFING C2 BUILDING GROUP Alexandria Real Estate | Illumina B4 Shell San Diego, CA Project Value: $20,067,000 Project Size: 127,373 SF Qualcomm BLDG AX San Diego, CA Project Value: $4,482,457 Project Size: 50,000 SF Project Executive Anaptys Bio Lab TI San Diego, CA Project Value: Non-Disclosed Project Size: 45,000 SF BMR | Isis Pharmaceuticals Carlsbad, CA Project Value: $49,100,000 Project Size: 175,000 SF Abbott Vascular Temecula Temecula, CA Project Value: $94,626,000 Project Size: 165,000 SF .17 Project Executive on Space Craft Carlsbad 2051 Palomar Airport Rd Repositioning Project 208,904 SF Project for Steelwave Project Executive TriLink Lab TI San Diego, CA Project Value: Non-Disclosed Project Size: 20,000 SF Project Executive Argen Projects San Diego, CA Project Value: Non-Disclosed Project Size: 40,000 SF 2022/12/06 City Council Post Agenda Page 1133 of 1285 Matthew Horak Matthew Horak was born in South Africa. He attended Point Loma Nazarene University and acquired a degree in Computer Science. After graduation he began his career in construction and joined RQ Construction then moved to DPR Construction after several years. Matthew has been on numerous high profile projects in San Diego and has a special focus for driving process improvement and efficiencies. He joined C2 in 2021 and has been instrumental in project leadership and process improvement. B.S., Computer Science, Point Loma Nazarene University SR. PROJECT MANAGER | 14 YEARS INDUSTRY EDUCATION RELEVANT EXPERIENCE PROJECT STAFFING C2 BUILDING GROUP Alexandria Real Estate | Celgene Core/Shell & TI San Diego, CA Project Value: $24,867,000 Project Size: 60,373 SF COBHAM (CAES) Buildings 1-7 - Lab & Manufacturing San Diego, CA Project Value: $28,000,000 Project Size: 100,000 SF USD School of Nursing San Diego, CA Project Value: $17M Project Size: 45,000 SF Alexandria Real Estate | Campus Point TI for Lily San Diego, CA Project Value: $100,100,000 Project Size: 350,000 SF Shire Regenerative Medicine, Inc. FKA Advanced BioHealing San Diego, CA Project Value: $94,000,000 Ground-up Biotech .18 Pacira - Phased Building San Diego, Ca $15M 50,000 SF Abbott Laboratories TI San Diego, CA Project Value: Non-Disclosed Project Size: 12,000 SF Ansun TI - Lab TI San Diego, CA Project Value: $6M Project Size: 20,000 SF 2022/12/06 City Council Post Agenda Page 1134 of 1285 Nick Gowen Nick is a passionate project manager that brings a technical skill level and commitment that adds value to the projects he works on. He is driven to do great things for C2 Building Group and their clients. He is a great leader and works well with teams of people. He has extensive experience in projects of this type and size and consistently exceeds the expectations of the project team. PROJECT MANAGER 10 YEARS INDUSTRY RELEVANT EXPERIENCE PROJECT STAFFING C2 BUILDING GROUP .19 Oregon State University B.S. in Construction Engineering Management EDUCATION 2012—2016 Project Engineer, Fortis Nike, Oregan State, Kaiser projects • Project Engineer • Managed field correspondence, RFIs, submittals, procurement for multiple large projects • Project Budget Control for $55M project 2016—Present C2 Building Group Project Executive Torrey Reserve PX, Longfellow 14 building portfolio project reposition, Fitness Center, 2051 PAR $8M Reposition, Alexandria Real Estate Lab projects (Fate Therapeutics), One Del Mar, Argen Manufacturing, SOVA Lab TIs 2022/12/06 City Council Post Agenda Page 1135 of 1285 Karla Bokhoven Karla brings nearly two decades experience to the team and provides very detailed and thoughtful estimates. She is a meticulous and organized person and brings her knowledge and skills forward in a humble and considerate way. She is deeply committed to the project success and delivers the highest quality work every time. Karla has strong connections with the subcontractor community and consistently exceeds expetations. ESTIMATOR RELEVANT EXPERIENCE PROJECT STAFFING C2 BUILDING GROUP .20 2007—2013 Project Manager, DPR Construction • Preconstruction buyout and procurement - MEP Coordination - Project Manager for multiple large scale projects (Healthcare and Life Science Ground-up projects) 2019-Present C2 Building Group Estimator Longfellow SOVA Spec Suite Estimator - 11545, 11750, 11772, 11585, etc. Abbott Mesa Rim - Lab and GMP Space for Abbott Labs - $2.5M DermTech Lab TI - Estimator for Lab & Office TI - $17.0M Warner Bros Office TI - Estimator for Office TI - $1.5M 2004—2007 Project Engineer, Reno Contracting • Procurement, constructability review, design/field liaison. - Cost control and review with owners. - Ground up construction project support Iowa State Universitdy B.S. in Civil Engineering 2022/12/06 City Council Post Agenda Page 1136 of 1285 Eli Anderson Eli brings his experience as a lead foreman for Bergelectric to the C2 team and has been very successful leading complex and technical projects. He is driven to always exceed expectations and has a drive to deliver on each challenge. He is especially skilled at working with craft to drive quality, efficiency, and schedule. SUPERINTENDENT | 10 YEARS EXPERIENCE RELEVANT EXPERIENCE PROJECT STAFFING C2 BUILDING GROUP .21 2012—2017 Lead Foreman, Bergelectric Licensed Electrical Journeyman & Inside Wireman • Foreman on several OSHPD projects for Bergelectric 2017—Present C2 Building Group Superintendent Ferring Pharmaceuticals $10.0M TI, 11545 LF Lab TIs at SOVA, IDS Real Estate TI, State St Commons Ground Up Repositioning, Fairbanks Ranch Country Club, Crown Bioscience Vivarium 2022/12/06 City Council Post Agenda Page 1137 of 1285 Greg Van Pelt Greg brings over two decades of experience in the construction industry. He recently finished the Warner Brothers TI in Carlsbad with LPA and the DermTech Lab and Office TI that is over 90,000 SF. Greg is a meticulous planner and has the highest expectations for quality. He brings to the project team his background of performing hands on work which equips him for holding the subcontractors accountable on schedule and quality. Greg is a team player and a great fit for supervising this important, technical project. SUPERINTENDENT | 20 YEARS INDUSTRY RELEVANT EXPERIENCE PROJECT STAFFING C2 BUILDING GROUP Superintendent TORREY RESERVE CONVERSION $38.0 MILLION 120,000 SF DERMTECH LAB & OFFICE TI $17.0M - 90,255 SF WARNER BROS GAMES CARLSBAD OFFICE - 16K SF COMPLETED SPRING 2021 Redevelopment Project - $8.6M 2051 Palomar Airport Rd $8.3M Project Superintendent Supervised the development and construction of a 22 home new neighborhood. Superintendent Warner Brothers and Pacific Sotheby’s TI 18,000 SF Office TI in newly construction shell by C2 .22 2022/12/06 City Council Post Agenda Page 1138 of 1285 Jay Miller Jay is an uplifting and positive person. He is a great builder and has the technical knowledge to manage complex projects. He understands how to support a project to maintain consistent flow in the field. He is a hands on team player and is driven to exceed the expectations and demands of the project team. ASSISTANT PROJECT MANAGER RELEVANT EXPERIENCE PROJECT STAFFING C2 BUILDING GROUP .23 2015—2020 Superintendent, davisREED Inc. • Project List - Godfrey Hotel Hollywood - Contract Value: $60 Million - Owner: Godfrey Hotel - Size: 220-unit luxury hotel Present C2 Building Group Project Manager Torrey Reserve Conversion - Contract Value: $38.0 Million - Owner: Longfellow - Size: 120,255 SF Mesa Rim Life Science Conversion Project - Contract Value: $4.0 Million - Owner: Create Capital - Size: 19,532 SF DermTech TI - Contract Value: $17.0 Million 2007-2015 Project Manager, Adam Corolla Construction • Lead over 10 employees from design through completion • Acted as owner/builder agent for inspection and permitting processes • Managed subcontractors and field crews Pacific Coast University School of Law, JD University of Saint Francis, BA Licensed General Contractor #1006548 OSHA 30 Certified CERTIFICATIONSEDUCATION 2022/12/06 City Council Post Agenda Page 1139 of 1285 C2 Gross Revenue 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Company Revenue Growth Revenue Goal Actual Revenue 2017 Goal: 12M 2017 Actual: 10.5M 2019 Goal: 25M 2019 Actual: 18M 2020 Goal: 30M 2020 Actual: 29.5M 2021 Goal: 45M 2021 Actual: 33M 2022 Goal: 45M 2022 To Date: 62M 2023 Goal $60M 2024 Goal $68M 2025 Goal $75M 2015 Goal: 3.5M 2015 Actual:3.6M 2016 Goal: 13M 2016 Actual: 7.7M 2018 Goal: 18M 2018 Actual: 21.4M .24 2022/12/06 City Council Post Agenda Page 1140 of 1285 .25 2022/12/06 City Council Post Agenda Page 1141 of 1285 .26 REFERENCES C2 BUILDING GROUP References & Testimonials Andy Darragh Mobile: (619) 850-0767 adarragh@fpbarch.comPRINCIPAL ARCHITECT, FPBA Tiffany English Mobile: (510) 816-0921 DIRECTOR OF ARCHITECTURE, QUALCOMM Laura Andrews Mobile: (619) 929-3958 landrews@lpadesignstudios.comARCHITECT, LPA Mike Barbera Mobile: (858) 361-2781 mbarbera@intersectmanagement.comCM, INTERSECT MANAGEMENT Brian Brady Mobile: (858) 243-3652 brian@bioscienceprop.comPRINCIPAL, BIOSCIENCE PROPERTIES, INC. 2022/12/06 City Council Post Agenda Page 1142 of 1285 “C2 is motivated, easy to work with, accessible, direct and honest. They bend over backwards with management of cost, budget and time. This is added value.” “They bring new perspective, push the envelope, embrace the design and support the approach.” “Absolutely loved working with Jeff and Josh. They were very detail-oriented and thought things through. Very creative and intuitive with their solutions to problems, and always professional and organized.” — DIRECTOR OF FACILITIES, ABBOTT “Organized; professional; great problem-solving.” — ARCHITECT, ANDAZ TI — ARCHITECT, THE YARD PROJECT “As a major nonprofit, we provide a variety of programs for the public in our offices. C2 Building Group understood our mission, and planned their work around our schedule. With C2 Building Group, we were able to continue delivering services throughout a major renovation.” — PRESIDENT, ALZHEIMER’S ASSOCIATION TI — ARCHITECT, KASHI TI 2022/12/06 City Council Post Agenda Page 1143 of 1285 .28 INSURANCE C2 BUILDING GROUP Insurance ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/1/2022 (619) 346-9553 (619) 324-7035 C2 Building Group107 South Cedros Ave., Suite 220Solana Beach, CA 92075 A 2,000,000 CO-4P640551-22-26-G 1/1/2022 1/1/2023 300,000 Owner’s & Contractor 5,000 2,000,000 4,000,000 4,000,000 X ALL OCIP WORK EXCLUDED 2,000,000A BA-4P656038-22-26-G 1/1/2022 1/1/2023 10,000,000B CUP-4P659471-22-26-G 1/1/2022 1/1/2023 10,000,000 10,000 B UB-2S741662-22-26-G 6/18/2022 6/18/2023 1,000,000 1,000,000 1,000,000 C Pollution Liability G71469256 004 1/1/2022 Per Occurrence 5,000,000 D Professional Liab ZCO-71N47715 2/5/2022 1/1/2023 Per Occurrence 3,000,000 $5,000,000 Occurrence/$10,000,000 Aggregate limits included in Pollution Liability policy. $3,000,000 Occurrence/$3,000,000 Aggregate limits included in Professional Liability policy. Secondary $10,000,000 Occurrence/$10,000,000 Aggregate Umbrella included under Policy #FFX 7034790400 through Continental Casualty Insurance effective 11/18/2022-01/01/2023. Evidence of Coverage. Evidence of Coverage C2BUILD-01 BRITTANY Culture Insurance Services, LLC140 West 3rd AvenueEscondido, CA 92025 accounting@cultureinsurance.com Travelers Indemnity Company of Connecticut Travelers Property Casualty Company of America Westchester Surplus Lines Insurance Company St. Paul Surplus Lines Insurance Company X 1/1/2023 X X X X X XX X X X 2022/12/06 City Council Post Agenda Page 1144 of 1285 JOSH CHESNUT JEFF COLE Conclusion We promise to deliver this project successfully for your team and look at every commitment as a promise and not a prediction. We enjoy simplifying the difficult process of construction by taking ownership of the entire journey and delivering efficient solutions. It is fulfilling to work together with a team of people to accomplish a common goal and experience the tangible results of hard work. We truly believe that C2 Building Group will exceed your expectations and we look forward to the opportunity to work together. Thank you for your consideration. Gratefully, CONCLUSION C2 BUILDING GROUP .29 2022/12/06 City Council Post Agenda Page 1145 of 1285 C2SD.COM 858.232.0213 josh@c2sd.com 107 S. Cedros Ave #220 Solana Beach, Ca 92075 Contractor License #996486 Contact Us C2 BUILDING GROUP 2022/12/06 City Council Post Agenda Page 1146 of 1285 BuildingWhatMatters Clark Construction Group 2022/12/06 City Council Post Agenda Page 1147 of 1285 Clark Construction Group is one of the most experienced and respected building and civil construction firms in the United States. For more than a century, we have been transforming the ideas and visions of our clients into projects that strengthen our communities. We build with the intention of exceeding our clients’ expectations for safety, quality, functionality, and aesthetics, and deliver assets that stand the test of time. We are uncompromising in our pursuit of excellence, and we take great pride in delivering high-quality assets and experiences. We continually find ways to work faster and smarter, respond to challenges with ingenuity and innovation, and earn the trust and respect of our clients and stakeholders. We believe in doing things right the first time, every time, and place value on diligent planning and strong relationships. A Foundation for How We Build ȫ Putting Safety First ȫ Delivering Excellence ȫ Creating Opportunities for our People ȫ Acting with Integrity ȫ Building Inclusive and Diverse Community Building What Matters 2022/12/06 City Council Post Agenda Page 1148 of 1285 A B C D E F FEATURED SAN DIEGO PROJECTS A. UCSD North Torrey Pines Living and Learning Neighborhood, La Jolla, CA B. Otay Mesa Land Port of Entry, San Diego, CA C. Snapdragon Stadium, San Diego, CA D. San Diego FBI Field Office, San Diego, CA E. Naval Replacement Hospital at Camp Pendelton, Oceanside, CA F. SDSU KPBS Expansion and Renovation, San Diego, CA 2022/12/06 City Council Post Agenda Page 1149 of 1285 Building for Breakthroughs Now more than ever, the pace of research and the teaching of scientific subjects are developing at an exponential pace. New buildings for scientific research, practice, and related engineering and biotechnological facilities evolve just as quickly, requiring more specialized construction capabilities. Building for the sciences is different from the very beginning: highly unique materials, casework, and equipment often require longer procurement periods. As construction progresses, only meticulous quality control can ensure the precision and integrity of the facilities. Clark has developed equally precise and specialized processes for these projects. Our teams always focus on understanding the mission of our client and the facility end-users whose work is so important to scientific innovation. A. The George Washington University, Science and Engineering Hall, Washington, DC B. Argonne Energy Sciences Building, Argonne, IL C. University of Kansas, Integrated Science Building, Lawrence, KS A LABORATORY & RESEARCH PROJECTS $3.8B 11M+ SF 2022/12/06 City Council Post Agenda Page 1150 of 1285 Full Breadth of Laboratory Experience Clark understands the technical, operational, and financial requirements and considerations with each type of facility. We work actively with our laboratory clients, scientists, and designers to build facilities that maximize the program and the quality of the facility within established budgets and schedules. Clark’s portfolio of successful laboratory projects spans a full range of facility types: ȫ Biosafety Level (BSL) 2 and 3 Laboratories ȫ cGMP Manufacturing ȫ Class 10/1000/10,000 Cleanrooms ȫ Electromagnetic Interference (EMI), Vibration, and Acoustics Sensitivity ȫ Environmental Rooms ȫ High-Bay Space ȫ ISO Cleanrooms 5, 6, and 7 ȫ Precision Temperature and Humidity Control ȫ Vivariums B C A Full Range of Laboratory Clients Clark has built many of the nation’s top research facilities and laboratories for both public and private clients. We are proud to count among our trusted partners these leading science institutes: Academic ȫ San Diego State University ȫ The George Washington University ȫ The Johns Hopkins University ȫ University of California, Los Angeles ȫ University of California, San Francisco ȫ University of Kansas ȫ University of Maryland ȫ Vanderbilt University Private ȫ Takeda Pharmaceuticals Developer-Led ȫ Breakthrough Properties ȫ McCarthy Cook ȫ Stonebridge ȫ Trammell Crow Company Federal ȫ National Institute of Standards and Technology ȫ US Food and Drug Administration ȫ Argonne National Laboratory ȫ US Army Medical Research Institute of Chemical Defense ȫ Lawrence Berkeley National Laboratory 2022/12/06 City Council Post Agenda Page 1151 of 1285 UCSF Sandler Neurosciences Center San Francisco, CA University of California, San Francisco 237,000 SF / Public-Private Partnership, Design-Build Clinical AreaVivariumBSL-2 and BSL-3 Laboratories Office SpacesFlexible Research Laboratories 2022/12/06 City Council Post Agenda Page 1152 of 1285 San Diego State University Engineering & Interdisciplinary Sciences Complex San Diego, CA San Diego State University 91,000 SF / Design-Build Classrooms LEED Gold Wet/Dry Teaching Laboratories Class 1000 Cleanrooms 2022/12/06 City Council Post Agenda Page 1153 of 1285 Torrey View Life Science Campus San Diego, CA Breakthrough Properties 1,000,000 SF / CMAR Feature [Fill S] Multi-Tenant Life Science Campus LEED Gold Goal Class A High-End Amenity Spaces 2022/12/06 City Council Post Agenda Page 1154 of 1285 BD Biosciences at Torrey View San Diego, CA BD Biosciences 220,000 SF / CMAR Tenant Fit-Out Feature [Fill S]Biotech Offices & Laboratories Vivarium 2022/12/06 City Council Post Agenda Page 1155 of 1285 Lawrence Berkeley National Laboratory BioEPIC Research Building Berkeley, CA US Department of Energy 73,000 SF Academic Research Offices & Laboratories LEED Gold GoalEarth & Environmental Sciences Biosciences 2022/12/06 City Council Post Agenda Page 1156 of 1285 A Leading Education Builder, Dedicated to Serving You Clark builds educational facilities that inspire creativity and ingenuity, promote the learning process, and strengthen the academic mission of our clients. Among the nation’s top education contractors, we have delivered more than 100 academic structures for public and private institutions across the country. Our vast experience in this market, innovative approach to building, and expertise in alternative project delivery — including PPP (P3) and design-build — enables us to bring much- needed facilities to campuses and communities more efficiently and cost effectively than ever before. Our longstanding partnership with San Diego State University is a testament to our commitment to being a dedicated partner, and to delivering the highest caliber of work at an exceptional cost. 2022/12/06 City Council Post Agenda Page 1157 of 1285 San Diego State University Snapdragon Stadium San Diego, CA San Diego State University 35,000-seats Multi-Use Stadium LEED Gold Premium Amenity Spaces 2022/12/06 City Council Post Agenda Page 1158 of 1285 San Diego State University KPBS Modernization & Expansion San Diego, CA San Diego State University 67,195 SF Newsroom Administrative & Office Space Virtual Studios Community Space 2022/12/06 City Council Post Agenda Page 1159 of 1285 San Diego State University Huãxyacac Hall San Diego, CA San Diego State University 200,000 SF Student Housing Faculty Offices Multi-Purpose Spaces 2022/12/06 City Council Post Agenda Page 1160 of 1285 San Diego State University Mission Valley Site Development San Diego, CA San Diego State University Project Infrastructure Transit-Oriented Development Mixed-Use 2022/12/06 City Council Post Agenda Page 1161 of 1285 ȫ 30 Years with Clark ȫ 30 Years in the AEC Industry ȫ B.S., Building Construction, University of Florida ȫ Juris Doctor, Whittier Law School Jim McLamb Senior Vice President | Regional Executive Officer Jim oversees all San Diego operations and administration by leveraging the strength of the whole organization while employing the leanness, agility, and culture of a smaller, local company. He is accountable for day- to-day operations, including execution of work and oversight of Clark’s most precious resource–its people. Jim will make certain that appropriate resources are made available to ensure success of the Millenia project. SDSU Snapdragon Stadium and Mission Valley Site Development San Diego, CA / 160 Acres / $450M / 2023 / Progressive Design-Build Regional Executive Officer Clark led the design and construction of SDSU’s new multi-use stadium and development of the 160-acre site in preparation for the new SDSU West campus. The 35,000-seat stadium serves as the new home for the SDSU Aztec football team, professional soccer, NCAA championship games, and concerts. SDSU West will be a vibrant, mixed-use, transit-oriented development that will include retail, housing, and 80 acres of community parks and open space, including a 34-acre river park. Torrey View Life Science Campus San Diego, CA / 515K SF / $239M / 2023 / CM at-Risk Regional Executive Officer Clark is constructing a new commercial life sciences campus on a 10-acre site featuring three R & D buildings, a tenant clubhouse, and a below-grade parking structure. High-end amenity spaces include multiple dining options, a fitness center, pickle ball courts, and surfboard and bike storage. Clark was also contracted to build the first tenant fitout at Torrey View for BD Biosciences. Renovation of Various Buildings at Vandenberg Space Force Base (VSFB) Santa Barbara County, CA / 41K SF / $69M / 2022 / Design-Build Regional Executive Officer Clark is providing design-build services to Northrop Grumman at the VSFB. The project utilizes both traditional construction methods and prefabricated modular units to create one- and two-story office, laboratory spaces, and a battery storage facility. The spaces are constructed to comply with strict security requirements for classified government operations. 2022/12/06 City Council Post Agenda Page 1162 of 1285 ȫ 14 Years with Clark ȫ 22 Years in the AEC Industry ȫ B.S., General Building, Construction, Arizona State University ȫ LEED AP ȫ Safety Trained Supervisor (STS) Albert Valdivia Vice President | Executive-in-Charge Albert is responsible for achieving the project goals through consistent communication and coordination with Chesnut Properties, the design team, and Clark’s management team throughout all phases of design and construction. With access to Clark’s full range of corporate resources, he will ensure that the project receives the personnel and equipment required to meet stated project objectives. SDSU Engineering & Interdisciplinary Sciences (EIS) Complex San Diego, CA / 91K SF / $75M / 2017 / Progressive Design-Build Project Executive Clark provided design-build services for the state-of-the-art science and engineering building, comprised of both wet and dry laboratories and flexible research space to accommodate a range of STEM programs. The building features a clean lab that provides ISO 6 (Class 1,000) clean space pressurized by a high- performance mechanical system. Located just south of the existing engineering building, which is connected by a bridge to the new facility, EIS was delivered 25 days ahead of schedule and became the fastest design to completion duration that SDSU has ever achieved. SDSU Snapdragon Stadium and Mission Valley Site Development San Diego, CA / 160 Acres / $450M / 2023 / Progressive Design-Build Vice President/Executive-in-Charge Clark led the design and construction of SDSU’s new multi-use stadium and development of the 160-acre site in preparation for the new SDSU West campus. The 35,000-seat stadium serves as the new home for the SDSU Aztec football team, professional and collegiate soccer, NCAA championship games, concerts, and other events. SDSU West will be a vibrant, mixed-use, transit-oriented development that will include transit, retail, housing, and more than 80 acres of community parks and open space, including a 34-acre river park. SDSU Huãxyacac Hall San Diego, CA / 200K SF / $114M / 2019 / Progressive Design-Build Project Executive Clark provided design-build services for a new residence hall that houses more than 1,100 first-year students configured in double, triple, and quadruple occupancy rooms. The new Freshman Housing complex is a significant addition to SDSU’s student life program and features multi-purpose spaces, faculty offices, study areas, and student lounges. Delivered on time and on budget, the project offers modern amenities, including a market, café, community center, communal kitchen, courtyard, and an outdoor plaza for food trucks and farmer’s market vendors. 2022/12/06 City Council Post Agenda Page 1163 of 1285 Andy Armstrong Vice President | Construction Executive Andy provides senior leadership to Clark’s field activities for all projects in San Diego. He has ultimate responsibility for all field operations, including developing the project plan and master construction schedule; leading the project team during construction execution, on schedule, within budget, safely, and in compliance with the plans and specifications; executing the quality control program; site safety plan, and commissioning plan; and, managing the activities of all field employees and trade partners. Torrey View San Diego, CA / 515K SF / $239M / 2023 / CM at-Risk Construction Executive Clark is constructing a new commercial life sciences development on a 10-acre site that will consist of three research and development buildings, a tenant clubhouse, and a below-grade parking structure. High-end amenity spaces will include multiple dining options, a fitness center, pickleball courts, and surfboard and bike storage. The project is designed to achieve LEED Gold certification. BD Biosciences Fitout at Torrey View San Diego, CA / 211K SF / $75M / 2023 / CM at-Risk Construction Executive Clark is providing preconstruction and CM services for a tenant fitout for BD Biosciences at Torrey View, a 10-acre commercial life sciences development currently under construction by Clark. BD Biosciences will occupy the largest of three research and development buildings on the campus, which also includes a tenant clubhouse. The tenant improvement will feature approximately 100,000- SF of laboratory space with a vivarium on the first floor, office and support space, serving as home for an expanded San Diego Reagent Innovation Center for the company’s growing biosciences business. SDSU Snapdragon Stadium and Mission Valley Site Development San Diego, CA / 205K SF / $451M / 2023 / Design-Build Construction Executive Clark led the design and construction of San Diego State University’s new multi-use stadium, situated on the 160-acre SDSU West campus. The new 35,000-seat stadium serves as the new home for the SDSU collegiate sports teams, NCAA championship games, concerts and other events. The stadium is part of the first phase of SDSU’s campus expansion in Mission Valley, a 1.6-million-square-foot campus expansion located adjacent to the stadium. ȫ 20 Years with Clark ȫ 24 Years in the AEC Industry ȫ Member, AGC Construction Leadership Council ȫ Safety Trained Supervisor (STS) ȫ OSHA 30-Hour Trained ȫ SDSU Lean Enterprise Certified ȫ SWPPP Compliance Certified ȫ Engineers Manual 385 (EM385) Certified 2022/12/06 City Council Post Agenda Page 1164 of 1285 ȫ 15 Years with Clark ȫ 19 Years in the AEC Industry ȫ B.S., Construction Management, Wentworth Institute of Technology ȫ LEED AP ȫ Safety Trained Supervisor (STS) ȫ OSHA 10-Hour Trained Scott Wentworth Preconstruction Executive Scott will draw from his experience leading preconstruction on the SDSU EIS Complex and Torrey View Life Science Campus to develop and coordinate conceptual, schematic, and design development estimates, and provide budget updates and preconstruction management during project development. He will manage the value analysis process and product selection during design and participate in regular discussions with Chesnut Properties and the design team to evaluate changes in scope. SDSU Engineering & Interdisciplinary Sciences (EIS) Complex San Diego, CA / 91K SF / $75M / 2017 / Progressive Design-Build Preconstruction Manager Clark provided design-build services for the state-of-the-art science and engineering building comprised of both wet and dry labs and flexible research space to accommodate a range of STEM programs. The building features a clean lab that provides ISO 6 (Class 1,000) clean space pressurized by a high-performance mechanical system. Connected by a bridge to the adjacent existing engineering building, EIS was delivered 25 days ahead of schedule and became the fastest design to completion duration that SDSU has ever achieved. Torrey View Life Science Campus San Diego, CA / 515K SF / $239M / 2023 / CM at-Risk Preconstruction Executive Clark is constructing a new commercial life sciences development on a 10-acre site featuring three research and development buildings, a tenant clubhouse, and a below-grade parking structure. High-end amenity spaces include multiple dining options, a fitness center, pickle ball courts, and surfboard and bike storage. Scott is concurrently leading preconstruction for the first tenant fitout at Torrey View. BD Biosciences will occupy the largest of Torrey View’s R&D buildings for their San Diego Reagent Innovation Center. The $75 million TI will feature 100,000 SF of laboratory space with a vivarium on the first floor, office, and support space. SDSU Snapdragon Stadium San Diego, CA / 205K SF / $267M / 2022 / Progressive Design-Build Project Executive Clark led the design and construction of San Diego State University’s new multi- use stadium, situated on the 160-acre SDSU West campus. The new 35,000-seat stadium serves as the new home for the SDSU Aztec football team, collegiate football, professional and collegiate soccer, NCAA championship games, concerts and other events. The LEED Gold stadium is part of the first phase of San Diego State University’s campus expansion in Mission Valley. 2022/12/06 City Council Post Agenda Page 1165 of 1285 ȫ 14 Years with Clark ȫ 16 Years in the AEC Industry ȫ B.S. Construction Engineering, San Diego State University ȫ LEED AP, BD+C ȫ Safety Trained Supervisor in Construction (STSC) ȫ OSHA 30-Hour Trained Wendy Bohn Project Executive Wendy brings a dynamic, innovative, and critical thinking point of view with strong skills in assessing and balancing the parameters of design, specification, schedule, and cost. Wendy brings expertise in identifying and mitigating risks, and uncovering and vetting opportunities for delivering efficiencies and acceleration that will be vital in providing successful project oversight for the Millenia project. SDSU Engineering & Interdisciplinary Sciences (EIS) Complex San Diego, CA / 91K SF / $75M / 2017 / Progressive Design-Build Senior Project Manager Clark provided design-build services for the state-of-the-art science and engineering building, comprised of both wet and dry laboratories and flexible research space to accommodate a range of STEM programs. The building features a clean lab that provides ISO 6 (Class 1,000) clean space pressurized by a high- performance mechanical system. Located just south of the existing engineering building, which is connected by a bridge to the new facility, EIS was delivered 25 days ahead of schedule and became the fastest design to completion duration that SDSU has ever achieved. SDSU Huãxyacac Hall San Diego, CA / 200K SF / $114M / 2019 / Progressive Design-Build Senior Project Manager Clark provided design-build services for a new residence hall that houses more than 1,100 first-year students configured in double, triple, and quadruple occupancy rooms. The new Freshman Housing complex is a significant addition to SDSU’s student life program and features multi-purpose spaces, faculty offices, study areas, and student lounges. Delivered on time and on budget, the project offers modern amenities, including a market, café, community center, communal kitchen, courtyard, and an outdoor plaza for food trucks and farmer’s market vendors. Renovation of Various Buildings at Vandenberg Space Force Base (VSFB) Santa Barbara County, CA / 41K SF / $69M / 2022 / Design-Build Project Executive Clark is providing design-build services to Northrop Grumman at the VSFB. The project utilizes both traditional construction methods and prefabricated modular units to create one- and two-story office, laboratory spaces, and a battery storage facility. The spaces are constructed to comply with strict security requirements for classified government operations. 2022/12/06 City Council Post Agenda Page 1166 of 1285 ȫ 21 years with Clark ȫ 21 years in the AEC Industry ȫ BS, Civil Engineering, San Diego State University ȫ Design-Build Professional (DBIA) ȫ LEED AP ȫ OSHA 30-Hour Trained ȫ Safety and First-Aid Trained Supervisor (STS) Matt Gerard Project Executive Matt started working for Clark as an intern on the Manchester Grand Hyatt Hotel and CALTRANS District 11 Replacement Office Building while working toward his Civil Engineering degree at San Diego State University. He was hired as a Project Engineer upon graduation, and has climbed the ranks over the last two decades serving as a Project Engineer, Project Manager, Senior Project Manager, and Project Executive. A leader in San Diego, Matt has managed large, complex, multi-phased projects, most recently the new Snapdragon Stadium for San Diego State University. SDSU Snapdragon Stadium San Diego, CA / 205K SF / $267M / 2022 / Progressive Design-Build Project Executive Clark led the design and construction of San Diego State University’s new multi- use stadium, situated on the 160-acre SDSU West campus. The new 35,000-seat stadium serves as the new home for the SDSU Aztec football team, collegiate football, professional and collegiate soccer, NCAA championship games, concerts and other events. The LEED Gold stadium is part of the first phase of San Diego State University’s campus expansion in Mission Valley. SDSU Engineering & Interdisciplinary Sciences (EIS) Complex San Diego, CA / 91K SF / $75M / 2017 / Progressive Design-Build Project Executive Clark provided design-build services for the state-of-the-art science and engineering building comprised of both wet and dry labs and flexible research space to accommodate a range of STEM programs. The building features a clean lab that provides ISO 6 (Class 1,000) clean space pressurized by a high-performance mechanical system. Connected by a bridge to the adjacent existing engineering building, EIS was delivered 25 days ahead of schedule and became the fastest design to completion duration that SDSU has ever achieved. Dignity Health Northridge Hospital Medical Center, F-Tower and F-Elevator Tower Building Seismic Upgrades Northridge, CA / 101K SF / $56M / 2016 / Design-Build Senior Project Manager Clark provided design-build services for the seismic retrofit of the Northridge Hospital Medical Center, bringing the F-Tower and F-Tower Elevator Tower into compliance with California SB1953 regulations. In addition to seismically upgrading the facility, the hospital opted to renovate or build-out several new units. The largest component of the improvement scope is the construction of a new five- story, two-cab elevator tower to be built between two existing towers. 2022/12/06 City Council Post Agenda Page 1167 of 1285 Offices Baltimore, MD Bethesda, MD McLean, VA Richmond, VA Chicago, IL Nashville, TN Atlanta, GA Houston, TX Irvine, CA Los Angeles, CA San Diego, CA San Francisco, CA Seattle, WA San Diego 525 B Street, Suite 250 San Diego, CA 92101 (619) 578-2650Clark Construction Group - CA, LP clarkconstruction.com 2022/12/06 City Council Post Agenda Page 1168 of 1285 We Exist to Build Great Things. Qualifications November 30, 2022 DPR Construction ® 2022/12/06 City Council Post Agenda Page 1169 of 1285 DPR Overview Core Market Project Experience What Sets Us Apart 1 2 3 Click section headers Table of Contents 2022/12/06 City Council Post Agenda Page 1170 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com 1. DPR Overviewre below the section name. 2022/12/06 City Council Post Agenda Page 1171 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com FIRM HISTORY DPR Construction is a 32-year-old national commercial building contractor and construction management firm with a passion for delivering great results on technical projects. Consistently ranked as one of the top general contractors in the country by Engineering News Record, DPR executes projects with relentless accountability—seeking customer feedback at the beginning, middle and end of each project to ensure that goals stay aligned and expectations are met. Founded in 1990 by Doug Woods, Peter Nosler, and Ron Davidowski, three veterans of the construction industry, the company cultivates an entrepreneurial, open-office environment based on a well-defined purpose, “We Exist to Build Great Things,” and four core values, “integrity, enjoyment, uniqueness, ever forward.” A privately held, employee-owned, company, DPR is well positioned to handle a wide variety of jobs in both cost and complexity. Our projects range from $5,000 to over $1B. DPR Construction is a unique technical builder with a passion for results. Ranked in the top 50 general contractors in the country since 1997, we are a national commercial contractor and construction manager that has grown with our customers by delivering measurably more value.$11B DPR was awarded more than $11 billion worth of projects in 2021. 11th DPR ranked No. 11 on ENR magazine’s top contractors list for 2022. 90% Average percentage of annual revenue from repeat customers over the last five years. 28 Offices around the United States 32 Years working around the globe 2022/12/06 City Council Post Agenda Page 1172 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com CONSTRUCTION EXPERTISE Critical Success Factors: If you aren’t keeping score, it’s just practice. At DPR, we have identified six (6) keys to project success which we track and monitor on each project. These factors are: Preconstruction, Safety, Quality, Change Management, Project Closeout, and Scheduling make us uniquely qualified for your project. PRECONSTRUCTION EXCELLENCE GOAL: The first baseline estimate is a reliable forecast of the GMP. SAFETY GOAL: Zero incidents. SCHEDULING GOAL: The date given for substantial completion at mobilization will be met. CHANGE MANAGEMENT GOAL: Rough order magnitude to resolution is less than 30 days. ZERO DEFECTS GOAL: Zero punchlist items at substantial completion. PROJECT CLOSEOUT GOAL: Receive final payment within 60 days of substantial completion. CRITICAL SUCCESS FACTORS No. 5 DPR ranked No. 5 on Engineering News-Record magazine’s list of top construction management-at-risk firms. (2021) 10,000+ DPR has completed more than 10,000 projects—large and small—since 1990. DPR OVERVIEW 2022/12/06 City Council Post Agenda Page 1173 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com GUIDING PHILOSOPHY Why do we exist? Our guiding purpose is to build great things – great buildings, great relationships, a great company and a great reputation. To accomplish this, we rely on the contribution of the whole rather than the orders of a few. Our employee-manager relationship is designed to transcend titles and individual authority, and we all share the company’s core values - the foundation of DPR. The core values are fundamental beliefs that are displayed on the walls of every DPR jobsite trailer and throughout all DPR offices: Integrity, Enjoyment, Uniqueness, Ever Forward. DPR OVERVIEW ever forward integrity enjoyment uniqueness CORE MARKETS FOCUSED MARKETS. FOCUSED RESULTS. Completing a project that meets the quality standards of you and your end users on time and within budget is the baseline. Streamlining the process to increase efficiency and eliminate waste, while offering greater predictability, is how we define and deliver value. When you work with DPR, you can rest assured that our experienced, bullet-smart builders will do their very best. We promise nothing less. 2022/12/06 City Council Post Agenda Page 1174 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com 3,642 Craft Employees 4,781 Full-Time Staff 30 Office Locations Globally EVER FORWARD We attribute our growth and success to the fact that DPR lives up to its commitments — not only those we make to our customers, but those we have made to ourselves. This is just the beginning. We will continue on our efforts to raise the bar in construction, change the market, and drive innovation. We will continue to recruit to add to our team of talented and hardworking professionals and crafts people, who truly have made DPR the company it is today. We will continue to implement new innovative systems to provide an even higher quality of service such as new emerging technologies, BIM, Lean and sustainable healthcare. And, we look forward to building upon the foundation that has been laid over the last twenty years in our quest for continual self-initiated change, improvement, learning, and the advancement of standards for their own sake. DPR OVERVIEW BALTIMORE WASHINGTON, D.C. RICHMOND RALEIGH-DURHAM ORLANDO TAMPA SOUTH FLORIDA HOUSTON DALLAS AUSTIN DENVER SACRAMENTO SAN FRANCISCOREDWOOD CITY SAN JOSE PASADENA NEWPORT BEACH SAN DIEGO PHOENIX BOSTON NEW JERSEY CHARLOTTE ATLANTA NASHVILLE GREENVILLE SAVANNAH SEATTLE TUCSON 2022/12/06 City Council Post Agenda Page 1175 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com 2. Core Market Project Experience 2022/12/06 City Council Post Agenda Page 1176 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com San Diego, CA Confidential Client 9880 Grad Labs Customer Confidential Client Architect Dowler-Gruman Architects Project Value $55,000,000 Project Dates March 2018 - October 2019 Square Footage 127,000 SF PROJECT DESCRIPTION Ground-up, five-story, 127,000 sq. ft. building with a basement. The building features different sized spaces for offices and research labs. ARCHITECTURAL CONCRETE CAST-IN-PLACE WINNING STRATEGIES 1. DPR coordinated all the electrical and low voltage in the decks so there were no exposed conduits. Our team was able to work with our subcontractors to 3D model all of that scope. Our strategy included heavy coordination with the architect and engineering teams to make sure the design of the systems were complete. 2. With the architectural concrete (Type 1L, nearly white) we had to pay extremely close attention to the supplying of concrete for the pours. We had a DPR repre- sentative at the plant and someone at the jobsite timing each of the trucks to make sure they were leaving on time to eliminate pour lines. We also made sure that the concrete was coming from the same batch to maintain a consistent color. 3. Consistent with #2 we evaluated how quickly we could pour and utilized an addi- tional pump for pours to pour faster and eliminate pour lines. 4. DPR utilized a 3rd party consultant to evaluate our concrete mix designs and work with our team and the concrete supplier to provide an optimum mix design that would perform well on pour day and finish well. 5. Since the floors were polished concrete, DPR coordinated the location of column kickers to fall within interior wall lines so you wouldn’t see the hole patches. 2022/12/06 City Council Post Agenda Page 1177 of 1285 2022 Qualifications | DPR Construction | dpr.com BACK TO TOC San Diego, CA Confidential Client Pacific Center Campus Buildings AY and AZ Customer Confidential Client Architect BNIM Project Value $158,233,748 Project Dates October 2012 - June 2015 Square Footage 420,000 SF PROJECT DESCRIPTION The Pacific Center Campus expansion entails two ground up buildings, a central plant expansion, a 475,000-sq.-ft., 1,570-stall parking structure, and site work. Building AY is a ground up five-story, 370,000-sq.-ft. building containing office and lab space with collaboration and social zones. Building AZ is a ground up two-story 53,000-sq.-ft. amenities building that features a 20,000-sq.-ft. vegetated roof with edible gardens, a 299-seat auditorium for large meetings and presentations, a cafeteria with an inside/ outside dining area, a fitness center and athletic field, and a health center. DPR received the “Commercial Structure” award by the American Concrete Institute in 2017 for our work on Building AZ, as well as ENR Best Project Award for the Office/Retail/Mixed Use Category in 2016. Both buildings achieved LEED-NC Gold certification. ARCHITECTURAL CONCRETE CAST-IN-PLACE WINNING STRATEGIES This project involved ground-up construction in an operational campus, concrete and steel frame construction, and project complexity requiring multiple functions and phases. DPR prepared site logistics plans and a narrated video for planned campus construction that the client played in other campus buildings. DPR updated site logistics plans as construction continued and held town hall meetings and internal client meetings with DPR personnel communicating what was going on. DPR provided appropriate signage, fencing, and lockout/tagout protocols for planned shutdowns. As-cast architectural concrete structure, highly exposed, and most of the TI infrastructure wanted to be organized & embedded in the structure. Everything needed to line up with concrete formwork joints (mullions, lights, exit signs, etc, etc) and wanted to be embedded in concrete (e.g. electrical feeders) to create a simple, clean look. Detailed contractor input during design phase, including development of LOD400 BIM model, transfer of data from model to GPS field stations to layout & located embedded infrastructure in formwork prior to concrete placement. 2022/12/06 City Council Post Agenda Page 1178 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com San Francisco, CA University of California, San Francisco Medical Center at Mission Bay Customer University of California, San Francisco Architect Stantec Project Value $760,000,000 Project Dates July 2010 - June 2014 Square Footage 878,000 SF PROJECT DESCRIPTION The $759M 878,000-sq.-ft. UCSF Medical Center at Mission Bay is an OSHPD, ground-up, integrated hospital complex that includes: The 183-bed UCSF Benioff Chil- dren’s Hospital at Mission Bay with an urgent care/emergency department, pediatric primary care, and specialty outpatient care; The UCSF Women’s Specialty Hospital with 36 beds, cancer care, specialty surgery, and birth center; UCSF Cancer Hospital at Mission Bay, Part of the Helen Diller Family Comprehensive Cancer Center which houses 70 beds and offers inpatient and outpatient surgery for cancer specialties; a 207,400-sq.-ft. outpatient center includes the NIH-funded Pediatric Clinic Research Center (PCRC), pathology, clinical labs, and a spec lab. The outpatient center also houses cancer treatment services, exam rooms, a dental suite, dialysis, and infusion areas. The 36,000-sq.-ft. central utility plant (known as the Energy center) provides 9MW of backup power for the entire facility from generators served by 80,000 gallons of diesel in underground storage tanks, 3,500 tons of chiller capacity, five 12MBH heating hot water boilers, two 18,000lbs/hr steam boilers, as well as the central control systems for the entire complex. Additional project scopes includes helipad, 1,049 parking spaces, and support services. 2022/12/06 City Council Post Agenda Page 1179 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com Customer University of California, Davis Architect HKS, Inc. Project Value $36,666,000 Project Dates July 2017 - April 2019 Square Footage 101,000 SF University of California, Davis PROJECT DESCRIPTION DPR partnered with HKS Architects on this design-build, 101,000-sq.-ft., 4-story, 370-bed new student housing building. Located near the north campus entrance, the building is prominently situated but is also in a dense setting with little-to-no lay-down area. The project includes complete demolition of the existing Webster structure, and construction of a ground-up building in its place. The new Webster Hall includes 370 beds in single and double rooms, including bath- rooms, common rooms, residence assistant apartments, lounges, recreation rooms, administrative offices, community space, community kitchen, music room, mainte- nance shop and laundry facilities. The project also includes abatement and demolition of existing wood framed student housing buildings. The project is targeting LEED Gold Certification. The project utilized Digital Building Components to prefabricate the light gauge struc- tural wall and floor panels offsite. This system was proposed to UC Davis by DPR in lieu of traditional wood construction, which converted the building type from Type V to Type II. This improves the occupant safety and durability of the building. Webster Hall Replacement Davis, CA 2022/12/06 City Council Post Agenda Page 1180 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com Customer California State University, Chico Architect SmithGroupJJR Project Value $61,849,000 Project Dates May 2018 - April 2020 Square Footage 110,209 SF CSU Chico PROJECT DESCRIPTION This CSU collaborative design-build project consists of the design and construction of a new multi-story science building near the center of campus. This building will replace the functions currently housed in the existing Physical Science Building. The new building will house the departments of chemistry, physics, GEOS, and science education, including spaces for science teaching labs, prep rooms and storage areas. A neuroscience program with both teaching and research lab space will also be included. In addition, there will be faculty offices, collaborative spaces, classrooms, and other support spaces. The project will seek LEED Silver certification. Science Replacement Building Chico, CA 2022/12/06 City Council Post Agenda Page 1181 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com Customer Arizona Board of Regents Architect CO Architects Project Value $106,800,000 Project Dates January 2015 - January 2017 Square Footage 245,000 SF University of Arizona PROJECT DESCRIPTION The distinctive, copper-clad Biomedical Sciences Partnership Building (BSPB) is the second phase of a nine-building academic medical and research complex on the biomedical campus in downtown Phoenix. BSPB brings the latest in technology and lab space to establish Phoenix’s foothold in the biomedical research community. This 10-story high-rise research laboratory enables collaborative clinical and translational research organized into Centers of Excellence for cancer biology, neuroscience, traumatic brain injury, bioengineering and public health informatics. Centralized core facilities include an imaging suite and vivarium, a CLIA-certified human tissue analysis core and Class 1000 clean room. The BSPB connects to the adjacent Health Sciences Education Building (HSEB) which the team completed in 2012. Beginning without a program, BSPB was designed and constructed in a total of 30 months. This is the fastest the University has designed and constructed a project of this scale and complexity by nearly two years. It took a relentless 24/7 operation to complete this 10-story architectural masterpiece.The design and construction team worked hand-in-hand throughout the entire project to concurrently design, release and construct to maintain the schedule. The BSPB was awarded 2017 Best of the Best Higher Education Project in the nation by Engineering News-Record. Biomedical Sciences Partnership Building Phoenix, AZ 2022/12/06 City Council Post Agenda Page 1182 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com Special Services Group Self-Perform Work Sustainability Preconstruction Safety Construction Technology 3. What Sets Us Aparte below the section name. 2022/12/06 City Council Post Agenda Page 1183 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com SSG brings the unlimited resources, services and benefits of working with a large national contractor, including in-house MEP expertise, self-perform work crews, building information modeling experience, sustainability leadership and financial strength. DPR expertly matches individual talent with your specific project requirements to quickly and competently deliver premium results and greater value. And we do it with a collaborative attitude, knowing that it’s often the little things that make a big difference. DPR’s Special Services Group (SSG), a business unit focused on interiors projects. Our dedicated SSG resources are passionate about this type of work and are uniquely qualified to build this project for you. Some of the benefits of working with our Special Services Group include: • Low overhead cost • Intimate, personalized service • Expertise working in operational facilities • National resources • Innovative solutions • Experience working with tight budgets and aggressive schedules Smarter, Faster, Better: Simply put, we are never satisfied with how good we’ve been, but are driven by how great we can be for the benefit of our customers. We provide creative solutions to improve the quality and speed of project delivery while minimizing the impact of construction in occupied buildings and the community. Customer Satisfaction: DPR executes projects with relentless accountability - seeking customer feedback at the beginning, middle, and end of each project to ensure that goals stay aligned and expectations are met. We want to know how we are doing - where we can improve to make your job easier and more fun. Small Projects, Big Results Special Services Group 2022/12/06 City Council Post Agenda Page 1184 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com Being equipped to perform fundamental scopes of work, such as foundations, drywall and carpentry, offers customers more control, as well as sets the tone and pace of the project. DPR crews also serve as good examples for subcontractors and provide a clear picture of quality expectations and safety performance. DPR SELF-PERFORM ADVANTAGE Taking care of customers is our priority. DPR delivers greater value through self-perform work. Schedules are enhanced as work can start earlier in the field rather than waiting for biddable documents. Budgets can be improved with better crew productivity and contractual arrangements, such as cost of work basis and return savings to owners. Quality is superior with a higher level of craftsmanship as DPR is able to attract, retain and continuously train our craft. Customers reap the rewards of DPR’s ability to self perform several key elements of the project. EXPERTISE Each DPR region across the country may self perform some or all of the following trades: • Concrete, including Foundations, Slabs and Horizontal/Vertical Concrete • Drywall and Taping • Doors, Frames and Hardware • Rough Carpentry • Acoustical Ceiling Work • Light Demolition and Clean Up Self-Perform Work SELF-PERFORM WORK 2022/12/06 City Council Post Agenda Page 1185 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com DPR has extensive, every-growing knowledge of increasing building performance, including: • Advanced Day lighting • Mixed Mode and Displacement Ventilation • Building Performance Feedback and User Interface • High Performance Skin Systems • Storm and Gray Water Reuse • Net Zero Energy and Regenerative Strategies • Material Sourcing for Salvage and Reuse • Living or Green Roofs THE SUSTAINABLE ADVANTAGE To help owners develop and implement the best sustainable strategies for their business, DPR Construction combines experience people, a collaborative methodology and custom tools. High-performing buildings require high-performing teams. DPR integrates early-on to guide educated decision making. Whether the goal for your built environment is net zero energy, regenerative, living building or simply to save on your utility bills, DPR’s green professionals are prepared to assist the entire project team to achieve success within budget. CUSTOM TOOLS TO ENHANCE THE PROCESS Understanding and evaluating cost premiums for sustainable strategies are essential to any green project. Imagine the advantage of having current first costs and life cycle data at a very conceptual phase-even before start of design. Using a custom application call greenBook, DPR provides detailed cost data and identifies the “break-even” point based on estimated design and construction costs and anticipated operational savings. This helps teams determine with a higher degree of certainty which sustainability measures make the most sense of a specific project’s goals. OUR NET-ZERO ENERGY BUILDINGS ARE OUR LIVING LABS A highly technical builder that specializes in complex and sustainable projects, DPR is at the forefront of the next step in sustainability—Net-Zero Energy (NZE) buildings, which produce as much or more energy onsite as they consume on an annual basis. Additionally, we’ve made the commitment that our own portfolio will be the dynamic and living labs where we can imple-ment and evaluate innovation for our customers and highlight the true lessons we’ve learned through the process of these deep green projects. We want to inspire and teach in our spaces and that stays true to our core value of being an Ever Forward company.In total, DPR has built five net-zero projects, including four of our regional offices, with the latest one located in Reston, VA. This unique experience provides the canvas on which DPR illustrates not only our commitment as a leading national green builder but also one that “walks the walk.” 6 Offices DPR currently has 6 Net Zero Energy offices (achieved or targeting) around the country. 490+ DPR has nearly 500 LEED- accredited professionals on staff to help navigate LEED certifications and provide advice on sustainability. 299 DPR has 299 projects that have achieved or are pursuing LEED Certification.SUSTAINABILITY Sustainability SUSTAINABILITY 2022/12/06 City Council Post Agenda Page 1186 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com • Target Value Design • Cost Control • Cost Estimating • Constructability Reviews • Last Planner®/ Short-Interval Planning • Life Cycle Cost Analysis • Scheduling • Subcontractor Selection • Material Procurement Precision Planning for Project Success Overall project success relies heavily upon the decisions made at the initial stages of the job. Combining skilled professionals with an open and collaborative approach, DPR’s comprehensive preconstruction services offer advantages on projects of diverse sizes and complexities including: Providing the assessments and recommendations necessary to make timely, informed and data-driven business decisions. Better serving the interests of the project through relevant suggestions and hands-on partnership with owners, designers and construction teams. Helping to manage the overall process by tracking details and holding team members accountable. Our preconstruction services (listed below) go well beyond traditional open-book cost estimating and value engineering to create more reliable schedules and estimates. We use the most relevant tools, technologies and processes, and get the right people involved at the appropriate time, to drive down project costs while maintaining design intent and the customer’s overall goals and objectives. Preconstruction PRECONSTRUCTION 2022/12/06 City Council Post Agenda Page 1187 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com SAFETY Many companies have great safety programs. DPR has a great safety culture. We promote and nurture an Injury-Free Environment (IFE), with the goal of achieving zero incidents on every project. Our teams measure and evaluate safety data daily. We use a mobile safety audit system to collect and analyze raw data from each jobsite, which helps teams identify leading indicators, those elements that lead to incidents occurring, and develop meaningful and valuable prevention plans. DPR’s approach to safety centers on training, instilling and reinforcing safe behaviors throughout the company and entire project team, including owners, architects, and subcontractors. We provide the tools and information people need to make informed decisions through detailed root-cause analysis and pre-task planning. The output is a robust, value-based safety program that looks upstream at leading indicators to produce exceptional downstream results: • We have some of the best safety statistics in the industry, including our current EMR of 0.41 and NCCI of 0.49. • 1.21 was DPR’s recordable incident rate in 2019. This makes DPR one of the safest contractors in the nation (industry average is 3.6). Safety Safety Recognition & Engagement 2022/12/06 City Council Post Agenda Page 1188 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com Innovation Innovation means we collaborate with owners and project teams to better understand the needs of a project and implement solutions that bring the most value. As an employee-owned company, we take great pride in constantly pushing the boundaries of innovation in the construction industry while delivering quality work to our customers. We measure innovation by the value it brings to you, our customer. By consistently looking at various technological methodologies at every stage of the construction process from communication, estimating and planning, quality, and construction solutions in the field, we can provide efficiencies to our projects. Our teams are always looking for emerging technologies and innovative construction practices. Below are some of the innovative solutions DPR is currently bringing to our projects. ESTIMATING AND PLANNING • Model Based Estimating: Innovaya, DProfiler, WinEst, Model Logics and On-screen take off • Model Based Scheduling and Production Control: Navisworks, Synchro or Vico Control • Lean Practices: Last Planner / Pull Planning • Collaborative Preconstruction: BIM360 Plan CONSTRUCTION TECHNOLOGIES / FIELD IMPLEMENTATION VIRTUAL BUILDING • Self-Performing Detailing • Laser Scanning • Virtual Mock-ups • Total Station Layout: Trimble Total Station • Augmented Reality: AR Media, BIM Anywhere and SiteSpace 3D FIELD INNOVATION • Multi-Trade Prefabrication: Exterior/Interior panels, roof assemblies, and restroom units • Model Based Spool Sheets • Quality On-boarding and QC Platforms • RFID Logistics Management DIGITAL JOBSITES – SEAMLESS COMMUNICATION • Electronic Documents - Preconstruction to Closeout • From File to the Field • Digital kiosks • Online Collaborative Submittal Review: Bluebeam Revu • Jobsite Innovation Collaboration: Spigit and Icon Laser Scanning Field layout tools, such as Trimble Total Station, allow DPR and subcontractors to layout and verify points from the model directly in the field. Augmented Reality technology helps with visualization on site. RFID tags for logistics save time and increase productivity. 2022/12/06 City Council Post Agenda Page 1189 of 1285 BACK TO TOC 2022 Qualifications | DPR Construction | dpr.com COLLABORATIVE VIRTUAL BUILDING BUILDING A NEW FRAMEWORK Providing measurably more value is DPR’s guiding principle in using technology to enhance project delivery. As a long-established leader in Virtual Design and Construction (VDC), we know that technology alone cannot deliver the level of results we have all come to expect. Team members must be able to skillfully use and improve the application of the most relevant technologies to help achieve better value and savings, while creating practical and innovative solutions. Experience has proven that it is a combination of technology and a collaborative ideology, such as integrated project delivery (IPD) or design-build approach, that yields the greatest returns. VDC – Virtual vs. Actual No. 6 DPR ranked No. 6 on Building Design + Construction magazine’s building information modeling (BIM) list. (2018) VDC Consulting VDC Execution Planning Model-Based Quantity Take-off Model-Based Estimating Self-Perform Work Detailing and Tracking MEP Coordination 4D Sequencing BIM-Enabled Constructability Analysis Laser Scanning Total Station Integration Site Logistics Planning SERVICES With more than 400 individuals trained in advanced VDC tools on staff across the country, DPR offers a wide range of virtual building services: 2022/12/06 City Council Post Agenda Page 1190 of 1285 We Exist to Build Great Things 5010 Shoreham Place | San Diego, CA | 92122 dpr.com 2022/12/06 City Council Post Agenda Page 1191 of 1285 Delivering Transformational Spaces LIFE SCIENCE & PARKING 2022/12/06 City Council Post Agenda Page 1192 of 1285 GENUINE WE NOT I ALL IN Truth. Passion. Integrity. They are as fundamental to McCarthy as the bricks and mortar of our buildings. They are also old-fashioned concepts our clients appreciate the most, which is why owners across Southern California have trusted McCarthy to help turn their visions into concrete and steel. We provide the full range of services on time and on budget using the most sophisticated project management tools. But what truly sets us apart is that once we are selected, we make a binding commitment that runs far deeper than contractual obligations. It is our commitment to go above and beyond your expectations. 2022/12/06 City Council Post Agenda Page 1193 of 1285 3 Our Goal is to be the Best Builder in America ABOUT McCARTHY Established in 1864, McCarthy Building Companies, Inc. has a long history of building facilities that drive value. With exceptional levels of quality and safety, we are firmly committed to helping our clients and partners achieve their short and long-term strategic goals in every project we complete. While we provide a full range of services, we believe what truly sets us apart is our binding commitment to go above and beyond your expectations. We strive to continuously improve our methods and quality of services for the clients and communities our projects serve. 3 WHO WE ARE McCarthy’s 158-year heritage is built on strong leadership and accountability. As a 100% employee-owned company, we take our work personally. Each employee- owner has pride in their contribution to the McCarthy story, as we continue a century-long mission to be the best builder in America. With that focus comes collaboration, dedication, investment, and ownership—looking at a project not only through the lens of a builder, but also through the eyes of our clients and the communities we live in. Through feedback, listening skills, and an openness to new ideas, we are continuously developing our next generation of leaders. WHERE TO FIND US Headquartered in St. Louis, McCarthy has community-based offices strategically located to meet our clients’ needs. As a community builder for over 150 years, we also offer the financial strength, best practices and expertise of one of the nation’s premier commercial construction contractors. Our true difference is being both local and national. This is how we serve the communities we are proud to call home.SOPAC Region2022/12/06 City Council Post Agenda Page 1194 of 1285 4 WHO TO CONTACT Robert Betz Executive Vice President rbetz@mccarthy.com Allen Lynn Vice President, Operations alynn@mccarthy.com Kevin Baker Vice President, Preconstruction kbaker@mccarthy.com Seth Belitsky Business Development Director sbelitsky@mccarthy.com $1B IN LIFE SCIENCE PROJECTS IN SAN DIEGO 82% REPEAT CLIENTS 30+ YEARS IN SAN DIEGO 22 LIFE-SCIENCE PROJECTS COMPLETED IN SAN DIEGO 158 YEARS IN BUSINESS 1.8M HOURS 0F SELF- PERFORM IN SOPAC M c CARTHY—BY THE NUMBERS 2022/12/06 City Council Post Agenda Page 1195 of 1285 5 McCarthy understands construction activities come with inherent risks. There are simply no second chances in our industry. Because of this, we go above and beyond the normal safety measures to protect everyone on the project and nearby. As a result, McCarthy has been recognized by the National AGC as the safest large contractor in America. McCarthy’s standard safety program is customized to encompass the unique safety challenges and potential hazards present at every project, while conforming with owner-specific safety guidelines. Our total commitment to safety has paid dividends for everyone involved. In every significant measure, McCarthy’s safety performance has not only been top-class, but has consistently improved. McCarthy strives to not only be the safest commercial construction company in America, but to continuously find ways to improve our safety numbers ever single year. Our safety philosophy is built on the notion that everyone needs to be on the same page for a safety program to work. We’ve taken a team-centered approach for safety to a new level by partnering with OSHA and becoming part of their Strategic Partnership Program (OSPP). This has allowed us to create a relationship that is bound by collaborative agreements; and not traditional enforcement methods. Additionally, Cal/OSHA has recognized McCarthy’s risk for serious accidents is significantly lower than others within the construction industry and has awarded McCarthy participation in their Voluntary Protection Program (VPP). This is the highest award an employer can achieve. There are very few VPP companies, and those that have received this recognition are considered workplace safety and health leaders within the industry. Our Safety Culture Our #1 Goal is to build each project with ZERO injuries & accidents 2022/12/06 City Council Post Agenda Page 1196 of 1285 66 McCarthy is committed to creating an environment where employees follow quality guidelines, consistently see others taking quality-focused actions, hear others talking about quality, and feel the collective drive to pursue the highest possible quality at every turn. Unlike traditional quality control programs, McCarthy utilizes a proactive, hands-on approach from design and preconstruction through the end of the project. This ensures our team embodies your quality standards before and during construction. Our strategy for delivering an efficient, durable, world-class project is based on a few key principles: »Create and lead a project-wide “Culture of Quality”. »Prepare high-quality and constructable design documents. »Establish a quality control process that fosters healthy communication between all stakeholders. »Provide adequate staffing and clear responsibilities to ensure execution of the project-specific quality control plan. With McCarthy’s dedicated staff, proven processes, and executive management support, our quality team will maintain a consistent and clear message throughout the process: Let’s do it right the first time. We will align team expectations early so that this message carries through each phase of the project. Quality Driven 2022/12/06 City Council Post Agenda Page 1197 of 1285 7 Preconstruction Methodology We work best when we work together. performance teaming, we break down company silos, create horizontal competence in teams, unify disparate groups within the various organizations, and focus on the project’s success first, before any individual agendas or goals. Each time we have utilized high-performance teaming it has been a success from all parties and project stakeholders. Utilizing high-performance teaming allows the team to focus on the tasks at hand, forecast risks and opportunities, manage systems, encourage professionalism and collaboration, and resolve conflicts. All projects come with their own set of challenges, but through this approach, team members become better suited to overcome potential obstacles and take proactive steps to limit risks surrounding things like cost escalation, functionality uncertainties, unique construction/material requirements, and inter-disciplinary trade coordination. With a high-performance preconstruction team established, managing risks will be a collaborative effort of all team members. At McCarthy, we pride ourselves on the level of preconstruction efforts we provide. We understand every great project starts long before breaking ground. Solid preconstruction services are critical to the development of realistic budgets. Through value analysis, constructability review, trade partner engagement we ensure you are able to bring your vision to life. The most important aspect of our preconstruction methodology is the team approach we embrace within all aspects of the project delivery process. The critical elements of a strong team are established through commitment, communication, and trust among team members. Setting realistic expectations and continuously evaluating the team’s ability to achieve the desired results is the ultimate measure of this collective effort. We have found a commitment to high-performance teaming and partnering can make a distinct difference in the level of success seen in a project, along with the camaraderie developed within a project team. With the use of high- 7 2022/12/06 City Council Post Agenda Page 1198 of 1285 » Our Goal is to Meet AND EXCEED Your Goals 2022/12/06 City Council Post Agenda Page 1199 of 1285 9 Our goal is to not only complete the project successfully in terms of your budget and schedule goals, but to ensure the experience throughout every aspect is enjoyable. McCarthy will utilize our expertise in preconstruction services to provide scheduling, estimating, constructability review, and subcontractor budgeting. Our efforts to serve in this capacity will continue into construction and through project closeout and warranty. One of the differences you get with McCarthy is the strength of our preconstruction team. Our proven success in preconstruction is due to McCarthy’s internal focus on value engineering (or value analysis), estimating, constructability reviews, quality control, subcontractor coordination/bidding, and scheduling. This focus, combined with collaboration and input from our trade partners, means we can always arrive at the best possible value for our clients. In addition to our strength in preconstruction, McCarthy is proud to be a company of true builders. We have assembled our own craft labor, significantly invested in our own forming systems, and have developed internal systems to manage the design and construction of complex structural concrete systems. Our ability to self-perform concrete at a world-class level is a core competency within McCarthy’s San Diego office, where our project management staff and local crew members Preconstruction Services are true, experienced, and tested expert builders. This experience allows our team to provide valuable insight into constructability reviews, project planning, and project phasing during preconstruction and construction. The benefit this provides to our clients lies in our ability to drive the schedule, quality, and safety goals for our projects. Our experience as true builders allows us to ensure success on every project. During preconstruction, McCarthy will: »Participate in design meetings. »Perform cost model reviews. »Facilitate document reviews for constructability and RFP completeness. »Engage key subcontractors for additional drawing reviews and budgeting. »Offer value analysis. »Track all options possible to ensure the right level of flexibility is provided in the different spaces in each building. This process allows the entire team to validate project goals, budget adherence, constructability reviews, fire life safety peer reviews, identify critical milestones, and provide solutions early. 2022/12/06 City Council Post Agenda Page 1200 of 1285 Our tools enhance our ability to provide accurate information to support decision making by the collective team. PRECONSTRUCTION TOOLBOX This collaborative software provides a platform for our teams to share the most current information in one place. Together the team can work from a single “smart” source that is entirely transparent to evaluate and plan the impacts of an idea or change, compare alternatives, tie ideas to cost, and track decisions. BENEFIT TO THE CLIENT The project team will be able to “put in play” different options for the project, prioritize what means the most to them, and manage risks and opportunities. This software allows us to quantify building components from 2D electronic drawings for items not identified in the Revit model. BENEFIT TO THE CLIENT On-Screen Takeoff will assist in creating a total project budget. In addition, we can use this tool to review and confirm the accuracy of quantities generated by our trade partners. A historical database that enables us to compare and analyze trade cost histories for similar projects from a macro and micro level. The system automatically updates your project pricing based on previous projects and converts them into current project costs. BENEFIT TO THE CLIENT Modelogix can help establish target budgets by a systems format. During the preconstruction phase, our team can use Modelogix for benchmark data to help make informed decisions and to guide the value engineering process. This software allows for continuous monitoring of established building elements from Revit models, allowing the team to track the evolution of changes between milestones. BENEFIT TO THE CLIENT By establishing Revit “families,” Assemble allows us to easily extract quantitative information to provide predictable pricing in real-time as part of our continuous estimating prior to finalizing design. This software suite allows collaboration, analysis, and communication of the design intent, integrating BIM models from the various multidisciplinary design trade systems with a clash detection feature to ensure a fully coordinated design. BENEFIT TO THE CLIENT BIM 360 Glue provides quick access to accelerate virtual design and constructability. Most importantly, our teams will catch potential coordination issues well before construction. In addition, it provides extended access of the BIM model on their iPads to our field staff. A database-driven estimating software that utilizes historical, project-specific unit prices, dollar amounts, and labor production rates to improve the speed and accuracy of estimates. BENEFIT TO THE CLIENT Provides detailed project estimates of the total project to align trade procurement to the project budget. 102022/12/06 City Council Post Agenda Page 1201 of 1285 11 Project Experience The projects highlighted on the following pages represent the depth of experience that McCarthy has across market sectors, project types and delivery methods. BioMed Realty i3 UCSD Biomedical Research Facility UCSD Franklin Antonio Hall Abide Therapeutics Tenant Improvement Aperture Del MarBiodesign Institute C UCSD Center for Novel Therapeutics UCSD Tata Hall Human Longevity Institute Executive Drive Tenant Improvements Sharp Copley Lab and Office Building TI 2022/12/06 City Council Post Agenda Page 1202 of 1285 San Diego 9275 Sky Park Court Suite 200 San Diego, CA 92123 Los Angeles 515 S. Flower St Suite 3600 Los Angeles, CA 90071 Newport Beach 20401 S.W. Birch Street Newport Beach, CA 92660 www.mccarthy.com 2022/12/06 City Council Post Agenda Page 1203 of 1285 U N I V E R S I T Y -I N N O V A T I O N D I S T R I C T A d v a n c i n g C h u l a V i s t a 's U n i v e r s i t y -I n n o v a t i o n D i s t r i c t C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1204 of 1285 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 A c t i o n s I m p l e m e n t i n g t h e U n i v e r s i t y V i s i o n A p p r o v e a P u r c h a s e a n d S a l e A g r e e m e n t (P S A ) A p p r o v e a P r o j e c t D e v e l o p m e n t A g r e e m e n t (P D A ) A p p r o p r i a t e f u n d s L a u n c h t h e f i r s t p h a s e o f t h e U n i v e r s i t y - I n n o v a t i o n D i s t r i c t i n M i l l e n i a : I M M E D I A T E O P P O R T U N I T Y : I T E M 8 .2 F U T U R E O P P O R T U N I T Y : I T E M 8 .3 A p p r o v e a n E x c l u s i v e N e g o t i a t i n g A g r e e m e n t (E N A ) w i t h H o m e F e d t o n e g o t i a t e a M a s t e r D e v e l o p e r A g r e e m e n t (M D A ) f o r t h e U n i v e r s i t y - I n n o v a t i o n D i s t r i c t P l a n f o r f u t u r e d e v e l o p m e n t o n t h e 3 8 3 - a c r e U n i v e r s i t y s i t e w i t h H o m e F e d a s t h e M a s t e r D e v e l o p e r : 2022/12/06 City Council Post Agenda Page 1205 of 1285 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 E x c l u s i v e N e g o t i a t i n gAgreement w i t h H o m e F e d t oNegotiate a n M D A f o r t h eUniversity-I n n o v a t i o n D i s t r i c t I T E M 8 .3 2022/12/06 City Council Post Agenda Page 1206 of 1285 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1207 of 1285 Develop a financial model that allows development to occur with as little out-of- pocket cost to the City as possible U n i v e r s i t y -I n n o v a t i o n D i s t r i c t G o a l s Develop a university campus offering four- year degrees consistent with the City’s binational and multi-institutional university vision Establish a business environment within the Innovation District that embraces the technology and/or higher education sectors to serve as a talent pipeline for the University(ies) to grow our own talent Support and expand equitable access to higher education Foster additional economic development and education opportunities for the community and region C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1208 of 1285 O C T O B E R 1 9 9 3 T h e O t a y R a n c h G e n e r a l D e v e l o p m e n t P l a n w a s a d o p t e d w i t h t h e U n i v e r s i t y v i s i o n . D E C E M B E R 2 0 0 1 T h e C i t y a c q u i r e s i t s f i r s t 1 4 0 a c r e s o f l a n d . A d d i t i o n a l a c r e a g e w o u l d s t i l l b e n e e d e d f o r a u n i v e r s i t y c a m p u s a n d t e c h n o l o g y p a r k . M A R C H 2 0 0 5 M a y o r S t e v e P a d i l l a f o r m s a U n i v e r s i t y B l u e R i b b o n C o m m i t t e e o f d i s t i n g u i s h e d i n d i v i d u a l s a s P h a s e I I o f t h e r e c r u i t m e n t s t r a t e g y , r e s u l t i n g i n a p r o s p e c t u s . D E C E M B E R 2 0 0 5 T h e C i t y 's G e n e r a l P l a n t o g u i d e d e v e l o p m e n t t h r o u g h 2 0 3 0 w a s a d o p t e d w i t h a m u l t i - i n s t i t u t i o n a l u n i v e r s i t y v i s i o n . Ac t i on s T a ke n t o Tu r n a Vis i o n i n to R e a l i t y T h e C i t y o f C h u l a V i s t a h a s a s t r a t e g i c , l o n g -t e r m v i s i o n t o d e v e l o p a U n i v e r s i t y -I n n o v a t i o n D i s t r i c t o n c i t y -o w n e d l a n d a n d h a s t a k e n a c t i o n a b l e s t e p s t o t u r n t h e v i s i o n i n t o r e a l i t y . N O V E M B E R 2 0 0 3 M a y o r S t e v e P a d i l l a a p p o i n t s a C i t y C o u n c i l / C i t y S t a f f U n i v e r s i t y W o r k i n g g r o u p a s P h a s e I o f t h e H i g h e r E d u c a t i o n R e c r u i t m e n t S t r a t e g y . J A N U A R Y 2 0 0 7 A 1 0 -a c r e l e a s e i s a p p r o v e d o n t h e p r o p e r t y f o r H i g h -T e c h K - 1 2 s c h o o l . 1 9 9 3 - 2 0 0 7 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1209 of 1285 2 0 0 8 - 2 0 1 4 T h r o u g h a c o m b i n a t i o n o f L O A s , l a n d e x c h a n g e s a n d a g r e e m e n t s w i t h d e v e l o p e r s , t h e C i t y c o m p l e t e d a c q u i s i t i o n o f 3 8 3 a c r e s o f l a n d i n D e c e m b e r 2 0 1 4 . J A N U A R Y 2 0 1 6 C i t y C o u n c i l u n a n i m o u s l y a c c e p t s r e p o r t a n d r e c o m m e n d a t i o n s f r o m U 3 A d v i s o r s f o r a b i n a t i o n a l u n i v e r s i t y . J A N U A R Y 2 0 1 7 L A O r e p o r t s t a t e s a n e w U C o r C S U c a m p u s i s n o t w a r r a n t e d b a s e d o n e n r o l l m e n t d e m a n d d e s p i t e n e e d . Ac t i on s T a ke n t o Tu r n a Vis i o n i n to R e a l i t y T h e C i t y o f C h u l a V i s t a h a s a s t r a t e g i c , l o n g -t e r m v i s i o n t o d e v e l o p a U n i v e r s i t y -I n n o v a t i o n D i s t r i c t o n c i t y -o w n e d l a n d a n d h a s t a k e n a c t i o n a b l e s t e p s t o t u r n t h e v i s i o n i n t o r e a l i t y . 2 0 1 5 S t a f f b e g i n s a c o o r d i n a t e d u n i v e r s i t y p l a n n i n g a n d e n t i t l e m e n t p r o c e s s f o r t h e U n i v e r s i t y - I n n o v a t i o n D i s t r i c t , f o r m e r l y c a l l e d t h e U n i v e r s i t y a n d R e g i o n a l T e c h n o l o g y P a r k . J A N U A R Y 2 0 1 7 C i t y t a k e s o w n e r s h i p o f 1 5 5 -a c r e s t a t e -o f -t h e -a r t O l y m p i c T r a i n i n g C e n t e r w i t h o p p o r t u n i t i e s f o r p o t e n t i a l a t h l e t i c , i n n o v a t i o n a n d r e s e a r c h u s e s (<2 m i l e s f r o m U I D s i t e ). 2 0 0 8 - 2 0 1 8 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 N O V E M B E R 2 0 1 8 U I D S P A P l a n , E I R a n d r e l a t e d t e c h n i c a l d o c u m e n t s a r e a d o p t e d , c o m p l e t i n g e n t i t l e m e n t s f o r t h e c i t y -o w n e d s i t e . 2022/12/06 City Council Post Agenda Page 1210 of 1285 D E C E M B E R 2 0 1 8 M a y o r S a l a s r e q u e s t s t o f o r m a U n i v e r s i t y S u b c o m m i t t e e . M a y o r S a l a s a n d C o u n c i l m e m b e r P a d i l l a c o m p r i s e t h e c o m m i t t e e . F E B R U A R Y 2 0 1 9 C i t y h o l d s f i r s t s u b c o m m i t t e e m e e t i n g . S E P T E M B E R 2 0 1 9 I m p a c t U S A G r o u p p r e s e n t s t h e i r v i s i o n t o d e v e l o p t h e U n i v e r s i t y P r o p e r t y i n f o u r d i s t r i c t s a n d o p p o r t u n i t i e s f o r p a r t n e r s h i p s w i t h I A J U m e m b e r s . Ac t i on s T a ke n t o Tu r n a Vis i o n i n to R e a l i t y T h e C i t y o f C h u l a V i s t a h a s a s t r a t e g i c , l o n g -t e r m v i s i o n t o d e v e l o p a U n i v e r s i t y -I n n o v a t i o n D i s t r i c t o n c i t y -o w n e d l a n d a n d h a s t a k e n a c t i o n a b l e s t e p s t o t u r n t h e v i s i o n i n t o r e a l i t y . N O V E M B E R 2 0 1 9 U n i v e r s i t y S u b c o m m i t t e e a n d c i t y m a n a g e m e n t s i g n l e t t e r o f i n t e r e s t r e q u e s t i n g c o m m i t m e n t s f r o m I A J U m e m b e r s , P u r d u e U n i v e r s i t y a n d T h e E n e r g y C o r r i d o r . S e v e r a l m e e t i n g s w i t h P u r d u e e n s u e . 2 0 1 8 - 2 0 2 0 S E P T E M B E R 2 0 1 9 C i t y p i t c h e s r e l o c a t i n g S D S U 's s c h o o l o f T e l e v i s i o n , F i l m a n d N e w M e d i a t o C h u l a V i s t a a n d r e c e i v e s f a v o r a b l e i n t e r e s t a n d s u p p o r t f r o m u n i v e r s i t y s t a f f . C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 J A N U A R Y 2 0 2 0 C i t y h o s t s S D S U o n a b u s t o u r f r o m S D S U t o C h u l a V i s t a t h r o u g h M i l l e n i a , t h e U n i v e r s i t y P r o p e r t y a n d E l i t e A t h l e t e T r a i n i n g C e n t e r . 2022/12/06 City Council Post Agenda Page 1211 of 1285 F E B R U A R Y 2 0 2 0 C h u l a V i s t a h o s t s C S U C a p a c i t y A s s e s s m e n t R o u n d t a b l e e v e n t a t t h e E l i t e A t h l e t e T r a i n i n g C e n t e r f o r s t a t e c o n s u l t a n t s t o a n a l y z e f e a s i b i l i t y o f a n e w C S U c a m p u s . Ac t i on s T a ke n t o Tu r n a Vis i o n i n to R e a l i t y T h e C i t y o f C h u l a V i s t a h a s a s t r a t e g i c , l o n g -t e r m v i s i o n t o d e v e l o p a U n i v e r s i t y -I n n o v a t i o n D i s t r i c t o n c i t y -o w n e d l a n d a n d h a s t a k e n a c t i o n a b l e s t e p s t o t u r n t h e v i s i o n i n t o r e a l i t y . M A R C H 2 0 2 0 C O V I D -1 9 p a n d e m i c h i t s a n d c a u s e s s t a f f t o p a u s e e f f o r t s o u t o f r e s p e c t f o r i m p a c t e d i n s t i t u t i o n s a n d t o f o c u s o n b u s i n e s s a s s i s t a n c e a n d r e c o v e r y e f f o r t s . 2 0 2 0 -2 0 2 1 J U L Y 2 0 2 0 C S U C a p a c i t y A s s e s s m e n t R e p o r t i s s u e d t o t h e C S U , D o F a n d S t a t e L e g i s l a t u r e a n d d o e s n o t r e c o m m e n d a n y n e w C S U c a m p u s e s w i t h a n t i q u a t e d a p p r o a c h b a s e d o f f e n r o l l m e n t d e m a n d d u r i n g C O V I D . F E B R U A R Y 2 0 2 0 C i t y C o u n c i l a p p r o v e s C i t y U I D S P A P l a n O v e r l a y Z o n e c o n c e p t a n d p a r t n e r s h i p a g r e e m e n t w i t h H o m e F e d . J U L Y 2 0 2 0 U n i v e r s i t y s u b c o m m i t t e e a u t h o r i z e s s t a f f t o d r a f t a M D A w i t h H o m e F e d f o r C i t y C o u n c i l c o n s i d e r a t i o n . C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 S E P T E M B E R 2 0 2 1 C i t y a n d S D S U r e c o n v e n e t o d i s c u s s m o v i n g f o r w a r d o n r e l o c a t i o n o f s c h o o l o f T F M t o C h u l a V i s t a a n d c o n s e n s u s i s f o r n e g o t i a t i o n s t o r e s u m e . 2022/12/06 City Council Post Agenda Page 1212 of 1285 M A R C H 2 0 2 2 W o r k i n g w i t h l e g i s l a t i v e c o n s u l t a n t s , C i t y p r e s e n t s $3 0 M b u d g e t r e q u e s t t o t h e S t a t e f o r v e r t i c a l d e v e l o p m e n t o f a n $8 9 M C i n e m a t i c A r t s L i b r a r y a n d s e e d t h e u n i v e r s i t y . M A Y 2 0 2 2 I n t h e M a y r e v i s e d S t a t e B u d g e t , S e n a t o r A t k i n s s e c u r e s $5 M f o r l a n d a c q u i s i t i o n a n d e n t i t l e m e n t f o r t h e C i n e m a t i c A r t s L i b r a r y . Ac t i on s T a ke n t o Tu r n a Vis i o n i n to R e a l i t y T h e C i t y o f C h u l a V i s t a h a s a s t r a t e g i c , l o n g -t e r m v i s i o n t o d e v e l o p a U n i v e r s i t y -I n n o v a t i o n D i s t r i c t o n c i t y -o w n e d l a n d a n d h a s t a k e n a c t i o n a b l e s t e p s t o t u r n t h e v i s i o n i n t o r e a l i t y . 2 0 2 2 A U G U S T 2 0 2 2 I n t h e A u g u s t 2 0 2 2 r e v i s e d S t a t e B u d g e t , A s s e m b l y m e m b e r A l v a r e z s u b m i t s b u d g e t t r a i l e r b i l l l a n g u a g e t o a l l o c a t e $2 5 M * t o C h u l a V i s t a f o r t h e C i n e m a t i c A r t s L i b r a r y . S E P T E M B E R 2 0 2 2 $3 0 M i n S t a t e f u n d i n g i s s e c u r e d a n d t h e C i t y l e v e r a g e s u p -t o $5 9 M i n P F D I F a n d C B A f u n d s t o i m p l e m e n t t h e p a r t n e r s h i p w i t h S D S U a n d l a u n c h t h e f i r s t p h a s e o f C h u l a V i s t a 's U n i v e r s i t y - I n n o v a t i o n D i s t r i c t . P r e s s a n n o u n c e m e n t s a n d e v e n t s t o f o l l o w . C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 *$1 .5 M of the $2 5 M w il l fu nd SW C 's r e q u e s t fo r a n a c a dem i c p lan n i ng s t u dy with t h e C ity acti n g a s f i s c a l ag e n t . F E B R U A R Y 2 0 2 2 C i t y C o u n c i l a u t h o r i z e s a g r e e m e n t w i t h C B R E t o p r o v i d e s e r v i c e s f o r : 1 ) E N A a n d t e r m s h e e t w i t h H o m e F e d , 2 ) M D A n e g o t i a t i o n a n d c o m p l e t i o n a n d , 3 ) U n i v e r s i t y M a r k e t i n g . 2022/12/06 City Council Post Agenda Page 1213 of 1285 The University-Innovation District Property, a 10M square foot mixed use development, is fully entitled as of November 2018 complete with an EIR and related technical studies. Academic Space 20,000 FTE students 6,000 faculty & staff The University is planned for 4M square feet of academic space and On-site Living 1.6M square feet of on-site living, or the equivalent of 2,000 units, is planned to accommodate students. Market-rate Residential 2M square feet of market rate residential is entitled and planned to be available to university faculty, staff and families. Open Space Preserve 160 acres of beautiful open space preserve surrounds the university property. Innovation District At build-out, the Innovation District is planned for 2M square feet of innovation uses providing up to 8,000 jobs. U n i v e r s i t y -I n n o v a t i o n D i s t r i c t S P A P l a n C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1214 of 1285 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 Planning Process & Execution From Concept to Construction Term Sheet Section 2 InfrastructureFramework Plan Project PhaseDevelopment Plans Project PhaseImplementation Infrastructure Framework Plan: IFP to describe backbone roads, associated infrastructure plans (water, sewer, power, drainage) and mass grading plan for all City land HomeFed eligible to receive a Developer Management Fee for preparation of the IFP Term Sheet Section 3 Term Sheet Section 4 Preliminary Plan: Written notice from City Manager to begin planning a project phase (~50-100 acres) Feasibility Plan Final Project Phase Development Plan: To be approved by City Council City provides written Notice to Proceed to HomeFed HomeFed provides project phase schedule for City review and approval HomeFed to complete design, permitting, contract awards for land development work for public infrastructure and the horizontal UID infrastructure Developer Management Fee and GC Fee 2022/12/06 City Council Post Agenda Page 1215 of 1285 2 0 1 9 : S i g n e d i n t o l a w A p r i l 2 0 2 1 : G u i d e l i n e s r e l e a s e d M a r c h 2 0 2 2 : C i t y b e g a n c o n s u l t a t i o n w i t h H C D J u l y 2 0 2 2 : C i t y s u b m i t s e x e m p t i o n r e q u e s t s t a t i n g t h e U n i v e r s i t y p r o p e r t y m e e t s a l l e s s e n t i a l e l e m e n t s o f t h e d e f i n i t i o n o f "e x e m p t s u r p l u s l a n d ." A u g u s t 2 0 2 2 : H C D a p p r o v e s C i t y 's d r a f t N O A N o v e m b e r 2 0 2 2 : H C D p r o v i d e s d e t e r m i n a t i o n 5 /6 o f U n i v e r s i t y p a r c e l s a r e n o t e x e m p t ; o f f i c i a l d e t e r m i n a t i o n f o r r e m a i n i n g p a r c e l i m m i n e n t A n I m p e d i m e n t t o P r o g r e s s A B 1 4 8 6 - S u r p l u s L a n d A c t C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1216 of 1285 40,000 sf Surface Parking Amenity Building 6,100 sf Fire Station 10 Future Opportunity 150,000 sf 40,000 sf pad Lo t 1 Fu t ur e O ppo rt unity 1 .7M s f Library: 60,000 sf SDSU: 50,000 sf Industry: 58,000 sf 2 acre park SR-125 University-Innovation District in Millenia Millenia AvenueParking Structure C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 Ayres Hotel 2022/12/06 City Council Post Agenda Page 1217 of 1285 C i n e m a t i c A r t s A c a d e m i cCenter & L i b r a r y I T E M 8 .2 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1218 of 1285 Purchase of 7.06-acre site and the project (entitlements, construction docs, site work, parking and construction) Purchase and Sale Agreement Project Development Agreement Appropriating Funding Execution and implementation document for the PSA to construct the Project Appropriating the City funds for the project; secures all funds except for $30M in forthcoming State funding Implementing Actions C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1219 of 1285 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1220 of 1285 T h e f i r s t n e w l i b r a r y s i n c e 1 9 9 6 w i t h 6 0 ,0 0 0 s f o f s p a c e ; 5 0 ,0 0 0 s f f o r a n a c a d e m i c p a r t n e r t o l a u n c h t h e f i r s t p h a s e o f t h e U n i v e r s i t y ; 5 8 ,0 0 0 s f o f C l a s s "A " o f f i c e s p a c e f o r a q u a l i f i e d i n d u s t r y u s e r t o l e a s e ; a n d a 6 ,1 0 0 s f a m e n i t y b u i l d i n g f o r t e n a n t a t t r a c t i o n . T h e n e w C i n e m a t i c A r t s L i b r a r y i n M i l l e n i a w o u l d b e f o r p u b l i c , e d u c a t i o n a n d i n d u s t r y u s e t o l a u n c h t h e f i r s t p h a s e o f C h u l a V i s t a 's U n i v e r s i t y -I n n o v a t i o n D i s t r i c t . T h i s v i s i o n s u p p o r t s a g r o w t h o p p o r t u n i t y f o r a n a c a d e m i c p a r t n e r a n d w i l l c u r a t e a n e w s t a t e -o f -t h e -a r t c i n e m a t i c a r t s l i b r a r y f o r C h u l a V i s t a , r e a l i z e d t h r o u g h a s t a t e a n d l o c a l g o v e r n m e n t p a r t n e r s h i p . T h e p r o j e c t p r o v i d e s : C r e a t e a S t a t e -o f -t h e -A r t C i n e m a t i c A r t s A c a d e m i c C e n t e r & L i b r a r y i n M i l l e n i a O u r V i s i o n C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1221 of 1285 S i t e L o c a t i o n T h e M i l l e n i a s i t e i s l o c a t e d j u s t u n d e r a h a l f -m i l e f r o m t h e U I D a s w e l l a s o t h e r a m e n i t i e s w i t h i n t h e c o r e o f t h e E a s t e r n U r b a n C e n t e r (E U C ) C l o s e P r o x i m i t y t o U I D A d d s 1 6 a c r e s t o U I D l a n d a s s e m b l a g e a d d i n g a d d i t i o n a l v a l u e , i m p a c t a n d p r e s e n c e E x p a n s i o n o f U I D L a n d H o l d i n g s Millenia Item 8.2 U n i v e r s i t y - I n n o v a t i o n D i s t r i c t I t e m 8 .3 Olympic Training Center E l i m i n a t e s s i g n i f i c a n t d e v e l o p m e n t b a r r i e r s b y s e e d i n g t h e u n i v e r s i t y i n a d e v e l o p e d a r e a O p p o r t u n i t y t o E s t a b l i s h U n i v e rs i t y P r e s e n c e SR-125 T h e C i t y o f C h u l a V i s t a h a s n o t h a d a n e w l i b r a r y s i n c e 1 9 9 5 . D e m a n d i n C h u l a V i s t a r e m a i n s h i g h t h a t r e q u i r e s 6 0 ,0 0 0 s q u a r e f e e t t o m e e t b u i l d o u t d e m a n d . M e e t s C r i t i c a l L i b r a r y N e e d C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1222 of 1285 State Funding L i b r a r y I n v e s t m e n t $96.4M for new Cinematic Arts Academic Center & Library, site work, parking and 6,100 sf amentity building Includes land acquisition and vertical development costs Ne w Pub lic Libra ry $5M Land Acquisition $25M Vertical Development of Library Building $96.4M Sta te Funding $30M $31.8M Public Facilities Development Impact Fees $34.6M Developer Contributions Ci ty Ca pita l Stack $66.4M C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1223 of 1285 Library Programming C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1224 of 1285 The library will also have 58,000 GSF of leasable space in warm shell condition for a Class "A" Office user Faci lita te Econ o mic & Job Growth 15 upper-division and graduate courses for approximately 300 students Supported by leadership and faculty to further their vision San Diego State Universi ty Tele visio n, Fil m & New Me di a Studios L i b r a r y P r o g r a m m i n g Cine mat ic Ar ts Library State-of-the-Art Cinematic Arts Library to be enjoyed by the community Uses will be community-oriented and utilized by K-12 schools, our local junior college and universities. C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1225 of 1285 S h o r t e r , m o r e a c c e s s i b l e s h e l v i n g P r o p o s e d L i b r a r y A m e n i t i e s M o de r n R e a d i n g a n d W o rk i n g N o o k s D i g i t a l c i r c u l a t i o n opt i o ns Mo d e r n mu l t i p u r p o s e r o o m s C o n n e c t i on t o n a t u r e w it h o u t d o o r c o u r t y a r d a n d a d j a c e n t p a r k F o r l i b r a r y p a t r o n & c o m m u n i t y u s e C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1226 of 1285 S o u n d S t a g e s P r o p o s e d L i b r a r y A m e n i t i e s S c r e e n i n g R o o m / T h e a t e r S o u n d M i x i n g & R e c or di n g S tu d i o s D i g i t a l A m e n i t i e s F o r S D S U , i n d u s t r y a n d e d u c a t i o n a l p a r t n e r u s e C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1227 of 1285 Purchase and Sale Agreement L a n d A c q u i s i t i o n : $1 1 M (C i t y t o a l s o a c q u i r e 8 .8 3 -a c r e L o t 1 f o r $1 ) L a n d C o s t : $1 5 .8 9 /f t (w a y b e l o w m a r k e t ) $9 6 .4 M f o r l a n d , e n t i t l e m e n t s , 1 0 0 % C D s , a n d c o n s t r u c t i o n o f : 1 6 8 ,0 0 0 s f L i b r a r y b u i l d i n g ; 6 ,1 0 0 s f A m e n i t y b u i l d i n g ; P a r k i n g ; a n d S i t e I m p r o v e m e n t s C i t y t o o w n 7 .0 6 -a c r e L o t 7 i n c l u d i n g a l l e n t i t l e m e n t s , p l a n s , a n d s t u d i e s C i t y O w n e r s h i p o f L o t 7 : C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1228 of 1285 Purchase and Sale Agreement Approval of PSA $0.5M deposited into escrow and released following City's approval of Title documents. Applied towards $11M land acquisition January 2, 2023 $5.5M deposited into escrow to be applied towards $11M land acquisition Released on March 1, 2023 following completion of Pre- Closing Conditions during Due Diligence Period* Before October 31, 2023 $3.1M for reimbursement of Soft Costs released to the Developer Released following City's approval and Developer's execution of the GMP Contract F l o w o f F u n d s : July 1, 2025 Remaining $5M in land acquisition costs released to the Developer at Close of Escrow upon transfer of land and project to the City *Contingent upon City Council approval of State Grants and SDSU Lease Agreement Designed with a Risk-Mitigation Approach C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1229 of 1285 Project Development Agreement Developer Performed Public Work CVMC Section 2.56.160(H) with Chesnut Properties (LMC-Millenia Investment Company) as the Developer. Developer will solicit competitive bids and award the Prime Contract from the approved contractors list and select the most qualified to serve as Prime Contractor. CVMC Section 2.56.160(H)(1)(a) Developer will solicit competitive bids for all subcontracts. CVMC Section 2.56.160(H)(2)(c) subject to City approval. Following City's approval of GMP Contract, vertical development to begin no later than November 1, 2023 with completion by July 1, 2025. Project Development Agreement: City will review and approve GMP Prime Contract and Subcontracts. Payment of Project Costs: Architect's Certificate required to be submitted with all payment requests. All work on project warrantied for 3 years following date of completion. Performance Bond with City named as Co-Obligee and a Payment Bond is required. City can call the performance bond to complete the project in the event of default by developer. Embedded Risk Mitigation Measures: C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1230 of 1285 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1231 of 1285 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1232 of 1285 Fund Fund Balance Loan Total Public Facilities Development Impact Fee – Library Component $22,900,00 $8,880,433 $31,780,433 Developer Contributions Fund – Economic Development $3,000,000 $8,000,000 $11,000,000 Developer Contributions Fund – Public Benefit $1,500,000 $22,132,958 $23,632,958 Trunk Sewer Capital Reserve Fund - Interfund Loan $39,013,391 ($39,013,391)$0 State Grants Fund $30,000,000 0 $30,000,000 Appropriating City Funds T O T A L $9 6 ,4 1 3 ,3 9 1 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 22022/12/06 City Council Post Agenda Page 1233 of 1285 F u t u r e U n i v e r s i t y A c t i o n s : A c c e p t a n c e o f $3 0 M i n S t a t e G r a n t F u n d s - Q 1 2 0 2 3 M a r c h 1 d e a d l i n e p e r P S A L e a s e A g r e e m e n t w i t h S D S U - Q 1 2 0 2 3 M a r c h 1 d e a d l i n e p e r P S A A m e n d m e n t t o M i l l e n i a D e v e l o p m e n t A g r e e m e n t - J a n u a r y 2 0 2 3 P l a n n i n g C o m m i s s i o n A c t i o n : 1 2 /1 4 U p c o m i n g M i l l e n i a A c t i o n s f o r C i t y C o u n c i l C o n s i d e r a t i o n : U p c o m i n g U I D S i t e A c t i o n s f o r C i t y C o u n c i l C o n s i d e r a t i o n : S u r p l u s L a n d s A c t A c t i o n - Q 1 /Q 2 2 0 2 3 C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1234 of 1285 A c t i o n s f o r I t e m s 8 .2 a n d 8 .3 : A d o p t R e s o l u t i o n A : A p p r o v a l o f a P u r c h a s e a n d S a l e A g r e e m e n t (P S A ) A d o p t R e s o l u t i o n B : A p p r o v a l o f a P r o j e c t D e v e l o p m e n t A g r e e m e n t (P D A ) A d o p t R e s o l u t i o n C : A p p r o v a l o f A c t i o n s t o A p p r o p r i a t e C i t y F u n d s C i t y C o u n c i l A c t i o n s , I t e m 8 .2 : C i t y C o u n c i l A c t i o n , I t e m 8 .3 : A d o p t a R e s o l u t i o n A p p r o v i n g a n E x c l u s i v e N e g o t i a t i n g A g r e e m e n t (E N A ) w i t h H o m e F e d t o n e g o t i a t e a M a s t e r D e v e l o p e r A g r e e m e n t (M D A ) f o r t h e U n i v e r s i t y -I n n o v a t i o n D i s t r i c t C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1235 of 1285 F A Q A v a i l a b l e w w w .c h u l a v i s t a c a .g o v /u n i v e r s i t y C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1236 of 1285 T h a n k y o u ! Q u e s t i o n s ? C H U L A V I S T A E C O N O M I C D E V E L O P M E N T D E C E M B E R 2 0 2 2 2022/12/06 City Council Post Agenda Page 1237 of 1285 v . 0 03 P a g e | 1 December 6, 2022 ITEM TITLE Agreement: Approve an Exclusive Negotiating Agreement with HomeFed, LLC to Negotiate a Master Developer Agreement for the University-Innovation District Report Number: 22-0306 Location: University-Innovation District Department: Economic Development Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Adopt a resolution approving the Exclusive Negotiating Agreement with HomeFed, LLC directing parties to negotiate a Master Developer Agreement for the University-Innovation District. SUMMARY On June 8, 2020, The University Subcommittee authorized staff to draft a Master Developer Agreement with HomeFed, LLC (“HomeFed”) for City Council consideration. From June 2020 to February 2022, city staff and HomeFed worked consistently to develop deal point considerations as a framework for a Master Developer Agreement. From February 2022 to present, the parties worked with CBRE to draft a robust Term Sheet, with non-exhaustive terms included within Exhibit B of the Exclusive Negotiating Agreement, that will inform the Master Developer Agreement. Through approval of an Exclusive Negotiating Agreement, this document will serve as the mechanism to timely develop a Master Developer Agreement between the City and HomeFed to serve as the Master Developer for the City’s 383-acre University-Innovation District. The Exclusive Negotiating Agreement provides for one 120-day initial negotiating period followed by two 90-day extensions to reach a Master Developer Agreement. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the 2022/12/06 City Council Post Agenda Page 1238 of 1285 P a g e | 2 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. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Since the adoption of the Otay Ranch General Development Plan in 1993, the City of Chula Vista has maintained a vision of locating a university within eastern Chula Vista. This vision is also reflected in the Otay Ranch General Development Plan and Sectional Planning Area Plan for a new University-Innovation District (“UID”). Under the adopted planning documents that govern the development of the site, the UID planning provides the ability to accommodate up to 20,000 students with an innovation district capable of building approximately 10 million square feet of mixed-use development, inclusive of 4.4 million square feet of academic space, 2 million square feet of commercial space for business innovation uses and 3.6 million square feet available for development of student/faculty and market rate housing. The City’s goals for the UID are as follows:  Develop a university campus offering four-year degrees consistent with the City’s binational and multi-institutional university vision;  Establish a business environment within the Innovation District that embraces the technology and/or higher education sectors to serve as a talent pipeline for the University(ies);  Create an on-going income stream and/or one-time capital event;  Support increases in tax revenue;  Support equitable access to higher education;  Foster additional economic development and education opportunities for the community at large; and  Develop a financial model that allows development to occur with as little out-of-pocket cost to the City as possible. University-Innovation District History After entering into a series of Land Offer Agreements throughout the years of 2007-2014, the City assembled, and currently owns, a total of approximately 383 acres of land for the UID. In November 2018, the planning effort culminated in the adoption of the UID Sectional Planning Area (“SPA”) Plan, Environmental Impact Report and related technical documents. The UID SPA Plan defines: the vision, land use character and mix, design criteria, pedestrian, bike and vehicular circulation systems, and the infrastructure requirements for an approximately 10 million square-foot University-Innovation District that will ultimately serve 20,000 students with supporting uses including office, retail, residential and research space. Additionally, in January 2017, the City of Chula Vista acquired one of three United States Olympic Training Centers, now named the Chula Vista Elite Athlete Training Center. The Chula Vista Elite Athlete Training Center occupies 155 acres in eastern Chula Vista, and is located approximately 2 miles from the University 2022/12/06 City Council Post Agenda Page 1239 of 1285 P a g e | 3 site. This unique and valuable City asset is potentially available to the institution(s) that develop a presence on the UID site for athletic, innovation and research uses, on terms to be negotiated with the then facility operator and the City. With the land and entitlements via the planning documents both secured, after decades of planning, the City is finally well-positioned to work toward physical development of the UID. To turn the longstanding vision into reality, the City is in need of a strategic partnership with a Master Developer to provide the expertise to develop such a large property. This would eliminate the past reliance on waiting for an institution or industry anchor to take the initial step to develop the site, a commitment and financial obligation universities have not been willing to make or able to fund. HomeFed’s Historical Involvement in UID HomeFed, the Master Developer for neighboring Villages 8 West, 8 East, 9 and 10, is proposed to serve as the Master Developer of the UID. HomeFed’s land holdings across Villages 8 West, 8 East, 9 and 10 includes approximately 1,562 gross acres (636 gross acres for adjacent Villages 9 and 10) and 11,245 housing units (5,635 units in adjacent Villages 9 and 10). HomeFed’s land holdings, combined with the 383-acre University site and 155-acre Chula Vista Elite Athlete Training Facility offer approximately 1,200-acres of opportunity for a higher education institution(s) to create a 21st century world-class campus community in eastern Chula Vista that is well-supported by surrounding industry and housing. HomeFed’s historical involvement and commitment to the UID spans decades. Due to shared development goals, HomeFed’s support of the University dates back to their Land Offer Agreements to the City which contributed significant acreage to develop the University on and to provide acreage for open space credits to enable the UID to be built to its maximum intensity per the UID SPA. On December 11, 2012, the City Council approved an Exclusive Negotiating Agreement (“ENA”) with HomeFed for the planning and development of the University Park and Research Center. At such time, the ENA provided 90 days to ex plore and negotiate the terms and conditions of a Master Developer Agreement (“MDA”). On September 10, 2013, the City Council approved a first amendment to the ENA which added three additional 90 day extended negotiating periods, all of which were exercised by the parties. On June 10, 2014, the City Council approved a second amendment to the ENA for two more 90 day negotiating periods. At the end of this period, it was determined by HomeFed’s Board of Directors that continuing the negotiations was not financially feasible and the agreement structure proposed did not allow the parties to move forward with finalizing a MDA. Since 2014 and despite the previous attempt at an MDA, HomeFed has continued to remain a committed and engaged partner with mutual interest in advancing the vision of the University. While the previous agreement structure that failed was developed as a joint venture model, the parties are now proposing a for- fee development structure in this current Term Sheet which will be the basis of th e framework for an MDA. Additionally, development on HomeFed’s surrounding Villages 8 West and 8 East is underway with future development in the University Villages 9 and 10 to follow which provides an advantageous timing opportunity to utilize economies of scale with grading and pre-development work. On June 8, 2020, The University Subcommittee authorized staff to draft a Master Developer Agreement with HomeFed for City Council consideration. Since that time, the deal structure has continuously evolved and the parties created several different scenarios for consideration ranging from 1) a for-fee developer model, 2) a 2022/12/06 City Council Post Agenda Page 1240 of 1285 P a g e | 4 scenario in which an anchor would self-develop, 3) a joint venture attempting to avoid the pitfalls from the previous joint venture endeavor, and 4) a “Mutually Assured Construction” model that would have HomeFed front development costs and then recover those costs through vertical development rights within a concept proposed as the University Villages Overlay Zone. Throughout these conversations, the Overlay Zone Concept was introduced to the University Subcommittee and subsequently the City Council. The Overlay Zone concept envisioned comingling the City’s and HomeFed’s land entitlements within the University Villages to allow for the flexible redistribution of land uses through swaps between the City and HomeFed. After several months of assessing the viability and complications with implementation of this concept and trying to integrate the nuances of the Overlay into the deal structure within the Term Sheet, the parties mutually agreed to abandon the concept and move forward with a more traditional streamlined development model that preserved each party’s individual entitlements on their own land. The Overlay Zone was integrated into the development scenarios for the joint venture and Mutually Assured Construction models, the alternative two concepts were 1) the fee developer model, and 2) an anchor self-development model. In advance of an institution or industry anchor poised to self-develop, the parties determined the most viable development process by which to structure the Term Sheet is the for-fee developer model. HomeFed: Uniquely Qualified to Serve as Master Developer The City believes HomeFed is uniquely qualified to enter into the ENA with and collaborate on a MDA due to the parties longstanding partnership and shared history with the University-Innovation District as well as the developer’s many qualifications. The parties’ shared goals date back to the Land Offer Agreements in which HomeFed contributed property and financial resources toward planning and entitlement efforts. Over the years, HomeFed has invested significantly in collaborative land planning, initially with Ayres Saint Gross and later with Duany Plater-Zybert (DPZ) on an intensive design charette. The parties also share public- private-partnership experience of notable scale, including the development of public infrastructure and major reclamation and rehabilitation of the Otay River Valley. Additionally, the parties are founding members of the Urban Land Institute’s University Development and Innovation Council. HomeFed has a proven track record of successful and award-winning development in master planned communities. They have familiarity with Otay Ranch and the University Villages given their extensive land holdings near and adjacent to the University site. In recent years, the success of Village 3, Escaya, is a tangible demonstration of HomeFed’s capabilities as a Master Developer through the addition of 948 homes, a mixed-use village center, a private club and wellness center and a new 7.5-acre neighborhood park. Escaya was consistently one of the top selling communities in San Diego County and among the top 50 in the nation. HomeFed has the financial strength and stability as a fully owned subsidiary of Jefferies Financial Group, a publicly traded company. Further, the City recognizes HomeFed’s effective relationship with City staff which has been built on decades of mutual trust, cooperation and respect. Exclusive Negotiating Agreement and Business Terms The University Villages (Villages 9, 10 and the University site) present an unprecedented opportunity that cannot be replicated in California. The project area spans 811 acres of contiguous land, adjacent to a new freeway, served by MTS’s Bus Rapid Transit (“BRT”), collectively approved for 9,353 new residential units and 12 million square feet of commercial. HomeFed and the Ci ty share a mutual responsibility to execute best practices in the development of the University Villages which is heightened due to the State’s housing crisis and the need to also be responsive to the State’s shortfall in meeting the demand and providing the necessary capacity for equitable access to higher education. 2022/12/06 City Council Post Agenda Page 1241 of 1285 P a g e | 5 In February 2022, the City Council approved a two-party agreement with CBRE Group, Inc. to provide professional real estate advisory and consulting services to negotiate terms and conditions with HomeFed for development of the University-Innovation District. This effort included CBRE’s expertise and assistance in negotiating a Term Sheet and Exclusive Negotiating Agreement within Phase I of the agreement. The agreement also included a Phase II which entailed Master Developer Agreement negotiation and completion in November 2022. Throughout negotiations, the parties worked consistently in weekly meetings to develop a robust and detailed Term Sheet and Exclusive Negotiating Agreement, outlined below. Term Sheet The Term Sheet, included as Exhibit B within the ENA, encompasses the basic business terms upon which the parties would consider entering into an agreement in which HomeFed would serve as the Master Developer of the University-Innovation District. This includes all services for pre-development and improvement of City-owned land and installation of infrastructure required to deliver graded pads to the City in a developable condition in a phased approach. It is initially contemplated that the overall project may include 4-6 project phases of between approximately 50-100 acres each, and that each project phase contains balanced land uses and intensities to ensure that University related land uses are not outpaced by residential development. This creates a structure in which revenue can be generated by non-university related uses to enable the City to pay the cost to develop the horizontal infrastructure planned for each phase with the process outlined below. Planning Process and Execution: From Concept to Construction Infrastructure Framework Plan (IFP) Term Sheet Section 2 •City to provide written notice to HomeFed to begin the IFP. •HomeFed and City to work together to develop scope of work for IFP. •IFP will describe the backbone roads, associated infrastructure plans (water, sewer, power, drainage) and mass grading plan for all City land, done at Tentative Map level. •All third party costs to prepare the IFP to be a reimbursable soft cost for HomeFed. •HomeFed eligible to recieve a Developer Management Fee for preparation of the IFP. Project Phase Development Plans Term Sheet Section 3 •Preliminary Feasibility Plan: Within 90 days of receipt of written notice from the City Manager to proceed with planning a project phase (approx. 50-100 acres). HomeFed will submit a proposed balanced land use breakdown in compliance with UID SPA and a financial pro forma for the phase. City to review this preliminary feasibility plan and provide comments and approve. •Final Project Phase Development Plan: 60 day clock to meet and confer to create a mutually acceptable final Project Phase Development Plan. •Project Phase Development Plan will be designed to support a generated rate of return to the City (from land sales and other revenues, if approved) to pay for the cost of the horizontal infrastructure in each project phase. Project Phase Implementaton Term Sheet Section 4 •City to provide written Notice to Proceed to HomeFed. •Within agreed timeframe, HomeFed to provide project phase schedule including a target completion date and detailed project phase budget for City's review and approval. •Following City's approval, HomeFed to complete design, permitting, contract awards for land development work for public infrastructure and the horizontal UID infrastructure. 2022/12/06 City Council Post Agenda Page 1242 of 1285 P a g e | 6 General Contractor Fee In the Term Sheet negotiations, the parties have agreed to compensate HomeFed with a General Contractor Fee, applied to hard costs, and a Developer Management Fee, applied to hard and soft costs for their work as the proposed Master Developer. The General Contractor Fee is in consideration of serving as the City’s owner representative in managing all land development work. This would be charged separately as a percentage of the hard cost component of the qualified land development costs incurred with respect to each Project Phase in accordance with the following schedule: (1) Above $0 up to $5 million in costs, 11% of such costs; (2) Above $5 million up to $10 million in costs, 10% of such costs; (3) Above $10 million up to $15 million in costs, 9% of such costs; (4) Above $15 million, 8% of such costs; and (5) Above $20 million, 7% of such costs. Developer Management Fee For overseeing all activities related to improvement of the City land and installation of infrastructure required to deliver graded pads to the City, a market rate Developer Management Fee has also been included in the Term Sheet. The Developer Management Fee would be charged separately as a percentage of both hard and soft costs (defined in the Term Sheet) of the qualified land development costs incurred with respect to each project phase in accordance with the following schedule: (1) Above $0 up to $5 million in costs, 4.5% of such costs; (2) Above $5 million up to $10 million in costs, 4% of such costs; (3) Above $10 million up to $15 million in costs, 3.5% of such costs; (4) Above $15 million up to $20 million, 3% of such costs; and (5) Above $20 million, 2.5% of such costs. For example, if the City incurs Qualified Land Development Costs for a Project Phase in the amount of $21,000,000, comprised of $13,000,000 of hard costs and $8,000,000 of soft costs, subject to City’s approval of such costs, HomeFed shall be entitled to receive a General Contractor Fee and a Developer Management Fee calculated as follows: General Contractor Fee (applied to hard costs only): 11% Tier up to $5m = $ 550,000 10% Tier $5-$10m = $ 500,000 9% Tier $10-$13m = $ 270,000 Total GC Fee = $1,320,000 2022/12/06 City Council Post Agenda Page 1243 of 1285 P a g e | 7 Developer Management Fee (applied to hard and soft costs): 4.5% Tier up to $5m = $ 225,000 4% Tier $5-$10m = $ 200,000 3.5% Tier $10-$15m = $ 175,000 3% Tier $15-$20m = $ 150,000 2.5% Tier $20-21m = $ 25,000 Total DM Fee = $ 775,000 Exclusive Negotiating Agreement The Exclusive Negotiating Agreement outlines the terms in which the parties will engage exclusively with one another for the initial negotiation period of 120 days. Should the first 120 days elapse without completion of an MDA, two additional extended negotiation periods of 90 days each may be entered into under the City Manager’s authorization. Should the terms of the MDA be negotiated to completion to the satisfaction of both parties, the City Manager will present the proposed MDA to the City Council for their review and consideration. AB 1486: An Impediment to Progress In 2019, Governor Newsom signed AB 1486 (Ting, 2019) into law. The legislation, the Surplus Land Act, is aimed to connect developers interested in building affordable housing with surplus local public land that is available and suitable for housing development. This law requires local agencies disposing of surplus land via sale or lease to declare the property surplus by a resolution of the governing body and then send a written notice of availability to a list of housing developers registered with the state. Following that, should there be expressions of interest from developers, the agency is required to enter into good faith negotiations. Unfortunately, under the auspices of this faulty and problematic one-size-fits-all legislation, the City’s 383- acre University site is subject to this law which has proven to be a major impediment to advancing progress with development of the site as well as negotiations with the proposed Master Developer. Guidelines for AB 1486 were not released until April 2021. Since that time, staff has worked with both inside and outside Counsel to strategize how to approach this legislative obstacle. In March 2022, the City began consultation with the State Department of Housing and Community Development (“HCD”) to share the unique nature of the City’s project and seek a determination on if the Surplus Land Act would be applicable to this site. Despite staff clearly demonstrating to HCD the City’s 30-year university vision, numerous policy and planning documents and resolutions of the City Council illustrating that the property is not surplus as it has an intended economic development use, HCD informed the City that the University site is subject to the provisions of AB 1486. To comply with this law, the City drafted a Notice of Availability (NOA) for the property which was subsequently reviewed and approved by HCD. Releasing the NOA would require the City Council to adopt a resolution declaring all 383 acres of the university site as surplus property, an action staff is not willing to recommend at this time. 2022/12/06 City Council Post Agenda Page 1244 of 1285 P a g e | 8 As an alternative strategy, since July 2022 staff has been seeking an exemption from the legislation on the basis of Government Code section 54221(f)(1)(G) which states “…surplus land that is subject to valid legal restrictions that are not imposed by the local agency would make housing prohibited...”. T he City maintains that each parcel of the University-Innovation District site qualifies as “exempt surplus land” pursuant to the above exemption provision of the Act. The City’s detailed review of the grant deeds and related recorded instruments for the entire University Property (which includes all or portions of 6 separate legal parcels) demonstrates that each parcel contains the requisite legal restrictions on housing as follows:  APN 644-070-10: An Irrevocable Offer of Dedication, recorded August 27, 2014 and accepted on May 12, 2022, made pursuant to Government Code Section 7050 that provides that the dedication is made for the following public purpose: FUTURE UNIVERSITY PURPOSES [full document available here];  APN 644-080-18: A Land Offer Agreement, recorded September 1, 2010, that provides, among other requirements, in Sections 2.2, 2.3 and 2.4 thereof that the “University Property” transferred to City shall be subject to a “Repurchase Right” by the private property “Owner” in the event that the City determines that the property, or any portion thereof, will be developed for any permitted “Non- university Development” including non-University related housing [full document available here];  APN 644-080-23: An Acceptance of an Irrevocable Offer of Dedication accepted June 23, 2015 for higher education uses and related compatible uses, active public recreation, quasi-public and all other uses including residential uses, industrial and commercial [full document available here];  APN 643-070-16, 644-080-15: A Grant Deed recorded December 31, 2001 that provides as follows: “Property shall be used for educational, active public recreation, commercial, industrial and all other uses except non-university related residential.” [full document available here];  APN 644-080-09: A Final Order of Condemnation from the Superior Court of the State of California for the County of San Diego in a judgement of condemnation entered into pursuant to California Code of Civil Procedure Section 668.5 on January 29,2004 (case number GIC 796139-1) having such ordered, adjudged and decreed that this real property is the property of the City of Chula Vista for specific use of “open space preservation for off-site environmental requirements of Otay Ranch final maps.” [full document available here]. The above restrictions prohibit all housing on the University Property other than such housing as would be necessary to fulfill the University Property’s public purpose for university or educational uses. According to the legislative history of AB 1486, the bill updating the AC was intended to “broaden the definition of ‘exempt surplus land’ to include specified types of lands”. 2019 Cal. Legis. Serv. Ch. 664 (A.B. 1486). The City believes the University Property, which contains legally valid restrictions on the development of non-university related housing, is precisely one of the types of lands that is and should be explicitly exempt from the Act. As shown by the plain language of the deeds, agreements, and recorded documents above, the legal restrictions on the University Property were not imposed by the City. Rather, they were imposed by the grantors of the parcels to prohibit the use of the University Property for any non-UID uses, including the development of residential housing except to support a complete University campus. These restrictions were conditions precedent to the transfers of the University Property parcels to the City so that the grantors could ensure that these parcels would not be used to compete with the proposed development of their adjacent residential communities. 2022/12/06 City Council Post Agenda Page 1245 of 1285 P a g e | 9 Government Code section 54222.3 provides that the Act is not applicable to an agency’s disposal of “exempt surplus land”. The relevant parcels of the University Property were acquired by the City from private property owners well before the 2019 changes to the Act. As a condition to the City’s acquisition, the private property owners imposed limitations on the uses of the properties. In all cases, uses are limited to University/educational purposes or open space preservation and University supporting residential uses. These conditions were imposed by prior owners/developers on the properties they transferred to the City because they wanted to get the benefits of University development, but none of them wanted the City to be able to compete with their intended residential developments of the adjacent properties that they themselves retained. All of the above limitations are “valid legal restrictions” that have been expressly set forth in grant deeds, agreements, or other documents recorded against the parcels. As such, all of these restrictions not only bind the City, but they bind anyone who might acquire the properties from the City. None of these restrictions are “nonresidential land use designations” imposed by the City itself. For the reasons above, the City’s position is that the University Property meets all essential elements of the above definition of “exempt surplus land” and therefore maintains that disposal of the University Property should not be subject to the Act. Unfortunately, on November 16, 2022 the City was notified by HCD that APNs 644-070-010, 644-080-017, 644-080-018, 644-080-15 and 643-070-16 do not qualify as exempt surplus land and are still awaiting their determination for APN 644-080-09. The City is not in agreement with this determination and is evaluating the best course of action. To acknowledge the problems presented by AB 1486, a provision has been added into Section 3.1.2 of the ENA. 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.). CURRENT-YEAR FISCAL IMPACT There will be no current-year fiscal impact to the City’s General Fund as a result of approving the ENA and authorizing staff to work with counsel and HomeFed to draft the MDA. Costs incurred from preparation of the MDA such as outside legal counsel have been appropriated from funds contributed by HomeFed Village III Master, LLC per the Development Agreement approved by City Council on July 13, 2021 by Ordinance No. 3505. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by approving this resolution. ATTACHMENTS 1. Exclusive Negotiating Agreement Staff Contacts: Miranda Evans, Special Projects Manager Eric Crockett, Deputy City Manager 2022/12/06 City Council Post Agenda Page 1246 of 1285 RESOLUTION NO. 2022-___ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HOMEFED, LLC FOR THE UNIVERSITY-INNOVATION DISTRICT PROJECT WHEREAS, the City of Chula Vista (the “City”) has long had a goal of developing a higher education presence in the City; and WHEREAS, the City owns certain real property comprised of approximately 383 acres located in the Otay Ranch and Eastlake communities (adjacent to Planned Villages 9, 10 and 11), in the City of Chula Vista, California (the “Property), as depicted in Attachment No. 1 attached to the ENA (defined below); and WHEREAS, the City wishes to foster the development of the University-Innovation District Project at the Property, as more particularly described in the Term Sheet (the “Term Sheet”), which is attached to the ENA as Attachment No. 2 (the “Project”); and WHEREAS, the City adopted the University-Innovation District Sectional Planning Area Plan (the “SPA Plan”) to define the vision, land use character and mix, design criteria, pedestrian, bike and vehicular circulation systems, and the infrastructure requirements for an approximately 10 million square-foot University-Innovation District that will ultimately serve 20,000 students with supporting uses including office, retail, residential and research space; and WHEREAS, the City approved the SPA Plan for the Property and on November 13, 2018 approved that certain certified Environmental Impact Report 14 -01 (SCH No. 2014121097) (the “EIR”) for the Project; and WHEREAS, the City wishes to explore an arrangement with a land developer to serve as the master developer for the Project, given the complexity and long-term development horizon for the Project and certain anticipated costs and performance efficiencies; and WHEREAS, the City has come to the conclusion for the reasons set forth below, that HomeFed, LLC, a Delaware limited liability company (“HomeFed”), is uniquely qualified to serve as the master developer for the Project and that a sole-source procurement of HomeFed to serve in this capacity is justified; and WHEREAS, HomeFed has a proven track record of successful and award-winning development, and WHEREAS, HomeFed has familiarity with Otay Ranch and the Project, given its extensive and long-term land holdings near and adjacent to the Property; and WHEREAS, HomeFed has significant demonstrated financial strength and stability as a wholly-owned subsidiary of Jefferies Financial Group Inc., which is a publicly traded company; and WHEREAS, HomeFed has an established effective relationship with City staff based on mutual trust, cooperation and respect; and 2022/12/06 City Council Post Agenda Page 1247 of 1285 Resolution No. 2022-___ Page No. 2 WHEREAS, HomeFed shares the City’s interest in exploring and negotiating the possible terms and conditions under which HomeFed would act as the master developer for the Project; and WHEREAS, HomeFed is willing to invest substantial time and resources towards the negotiation of a Master Developer Agreement (the “MDA”) with the City; provided that City is willing to negotiate exclusively with HomeFed for a specified time period on the terms and condition s as provided in the Exclusive Negotiating Agreement (the “ENA”) between the City and HomeFed, the form of which has been negotiated by City staff and HomeFed, in substantially the form presented to the City Council herewith; and WHEREAS, HomeFed and City have negotiated the terms of the Term Sheet; and WHEREAS, the Term Sheet sets forth certain primary terms to be included in the MDA ; and WHEREAS, due to the unique nature of the proposed Project, which the City believes will foster economic development and educational advancement and provide a valuable amenity for the citizens of the City of Chula Vista, as well as HomeFed’s unique “master developer” qualifications (described above), the City Council desires to approve the ENA with HomeFed. NOW, THEREFORE, BE IT RESOLVED, based on the recitals set forth above: 1. The City Council finds HomeFed to be uniquely qualified for purposes of entering into an Exclusive Negotiating Agreement and, potentially, a sole-source candidate to act as master- developer of the Property. 2. Based on this finding, to the extend applicable, the City Council waives the competitive bidding processes in Chula Vista Municipal Code sections 2.56.070 A and 2.56.110 as impractical and determined that the City’s interests will be materially better served by workin g exclusively with HomeFed under the terms of the ENA; and 3. The City Council hereby approves the ENA between the City and HomeFed regarding the planning and development of infrastructure and horizontal improvements supporting the ultimate development of the University-Innovation District Project in the form presented, with such minor modifications as may be required or approved by the City Attorney, a final copy of which shall be kept on file with the City Clerk. Presented by Maria V. Kachadoorian City Manager Approved as to form by Glen R. Googins City Attorney 2022/12/06 City Council Post Agenda Page 1248 of 1285 Resolution No. 2022-___ Page No. 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this ____ day of December, 2022 by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2022-___ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the ___ day of December 2022. Executed this ____ day of December 2022. 2022/12/06 City Council Post Agenda Page 1249 of 1285 EXCLUSIVE NEGOTIATING AGREEMENT BY AND BETWEEN CITY OF CHULA VISTA AND HOMEFED LLC This EXCLUSIVE NEGOTIATING AGREEMENT (“Agreement”) is entered into effective as of December ___, 2022 (“Effective Date”) by and between the CITY OF CHULA VISTA, a chartered municipal corporation (“City”) and HOMEFED LLC, a Delaware limited liability company (“HomeFed”), with reference to the following facts: RECITALS A. City owns certain real property comprised of approximately 383 acres located in the Otay Ranch and Eastlake communities (adjacent to Planned Villages 9, 10 and 11), in the City of Chula Vista, California, as depicted in Attachment No. 1 (the “Property”). B. City wishes to foster the development of the University/Innovation District Project at the Property, as more particularly described in the “Term Sheet” attached hereto as Attachment No. 2 (the “Project”). C. In furtherance of the Project, the City approved the Sectional Planning Area Plan for the Property and on November 13, 2018 approved that certain certified EIR14-01 (SCH No. 2014121097) for the Project. D. Given the complexity and long-term development horizon for the Project and certain anticipated costs and performance efficiencies, City wishes to explore an arrangement with a land developer to serve as the master developer for the Project, as described in the Term Sheet. E. HomeFed has unique qualifications to serve as the master developer for the Project because of HomeFed’s (i) proven track record of successful and award-winning development, (ii) familiarity with Otay Ranch and the Project, given its extensive and long-term land holdings near and adjacent to the Property, (iii) financial strength and stability of HomeFed as a wholly-owned subsidiary of Jefferies Financial Group Inc., which is a publicly traded company, and (iv) effective relationship with City staff based on mutual trust, cooperation and respect. Accordingly, City recognizes HomeFed as uniquely qualified for purposes of this Agreement and, potentially, as a uniquely qualified sole-source candidate to act as the master developer of the Project. F. Because HomeFed owns a significant amount of real property in the vicinity of and adjacent to the Property, HomeFed shares the City’s interest in exploring and negotiating the possible terms and conditions under which HomeFed would act as the master developer for the Project, and is willing to invest substantial time and resources towards the negotiation of a Master Developer Agreement (an “MDA”) with the City; provided that City is willing to negotiate exclusively with HomeFed for a specified time period on the terms and conditions provided herein. 2022/12/06 City Council Post Agenda Page 1250 of 1285 2 G. HomeFed and City have negotiated the terms of the Term Sheet and agree tha t the Term Sheet sets forth certain primary terms to be included in the MDA. H. Due to the unique nature of the proposed Project, its potential for fostering economic development and educational advancement, and for providing a valuable amenity for the cit izens of the City of Chula Vista, and HomeFed’s unique “master developer” qualifications (described above), City is willing to enter into this Agreement with HomeFed on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above recitals, the mutual covenants contained herein, and other good and valuable consideration, which the parties hereby acknowledge as adequate and sufficient, CITY AND HOMEFED HEREBY AGREE AS FOLLOWS: AGREEMENT 1. Nature of Agreement. 1.1 Purpose. The general purpose of this Agreement is to negotiate mutually- agreed terms and conditions of an MDA for the Project. The MDA will ultimately be subject to consideration and approval by the City Council of the City of Chula Vista (the “City Council”); provided that the City Manager (or her designee) shall have sole discretion when, or whether, an MDA will be submitted to the City Council for their consideration. 1.2 Exclusivity. During the term of the Agreement, City agrees not to solicit alternative proposals for master developer services or similar services with respect to the Property, or to negotiate with any other person or entity regarding the planning and development of infrastructure and horizontal improvements to prepare the Property for sale and/or lease to third parties for vertical development of the Property. For purposes of this Section, “negotiate” shall mean to conduct communications or conferences of any kind with a view to reaching an MDA. Notwithstanding the foregoing, HomeFed acknowledges that (a) City may receive from time to time, unsolicited alternative proposals with respect to engineering, planning, predevelopment, infrastructure development, and horizontal and vertical development of the Property; and (b) City reserves the right to conduct a preliminary evaluation of and to factor in any unsolicited alternative proposal received when considering whether or not to approve the terms and/or conditions upon which to approve the final MDA with HomeFed. Upon receipt of such an unsolicited proposal, City shall promptly provide a copy of the proposal to HomeFed, and if requested by either party, City and HomeFed shall meet to review the proposal. Notwithstanding the foregoing, upon receipt of any proposal labeled “confidential” or sent to the City on the condition of confidentiality of some or all of its contents, the City shall return any and all confidential contents to the sender and not consider such contents unless the proposal is resubmitted with no confidentiality requirement, at which point the City will provide a copy of the proposal to HomeFed pursuant to the immediately preceding sentence . 1.3 Term. The initial term of this Agreement shall commence on the Effective Date and terminate one hundred twenty (120) days thereafter, unless earlier terminated in accordance with the provisions hereof (the “Initial Negotiation Period”). No later than ten (10) business days prior to the expiration of the Initial Negotiation Period, either party may, by written notice to the other party, extend the term of this Agreement for one (1) additional ninety (90) day period (the “First Extended Negotiation Period”), provided that (i) neither HomeFed nor City has exercised its right to terminate this Agreement as herein provided and (ii) the party electing to extend the term of this Agreement is in full compliance with all material terms and conditions hereof. At the end of the First Extended 2022/12/06 City Council Post Agenda Page 1251 of 1285 3 Negotiation Period, the City Manager, in her sole discretion and on behalf of the City, may extend the term of this Agreement for up to one (1) additional ninety (90) day period (the “Second Extended Negotiation Period”; the Initial Negotiation Period, the First Extended Negotiation Period, and the Second Extended Negotiation Period are each sometimes referred to as a “Negotiation Period”), provided that at the end of the First Extended Negotiated Period (i) neither HomeFed nor City has exercised its right to terminate this Agreement as herein provided , (ii) both HomeFed and City are in full compliance with all material terms and conditions hereof, and (iii) both HomeFed and City concur with such Second Extended Negotiation Period. If not extended as provided in this Section 1.3 or earlier terminated pursuant to Section 4 below, this Agreement shall terminate and be of no fur ther force or effect upon expiration of the then-current Negotiation Period. 2. Master Developer Agreement Terms and Conditions. 2.1 MDA Terms. Upon mutual execution of this Agreement, City staff and HomeFed shall in good faith attempt to negotiate the terms and conditions of an MDA. If the terms of an MDA can be negotiated to the mutual satisfaction of the City Manager and HomeFed, the City Manager will present the proposed MDA to the City Council for its review and consideration. 2.2 Term Sheet. The Term Sheet was negotiated by the City and HomeFed and sets forth the key terms to be included, in substance, in the MDA. The Term Sheet shall form the basis for the initial draft of, and shall guide the negotiation s of, the MDA, subject to the terms of Section 3 below. The parties acknowledge that the Term Sheet does not contain a complete or exhaustive description or list of the terms and provisions to be included in the MDA. 3. Retention of Discretion to Approve the Project and MDA. 3.1 City Approval Discretion. This Agreement contemplates that an MDA may be presented to the City Council for approval. The parties understand that City is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: 3.1.1 Approval by City of the MDA. The parties understand that the City has the complete and unfettered discretion to reject an MDA without explanation or cause. HomeFed acknowledges and agrees that City may require or impose additional material terms, conditions and obligations on HomeFed, as Master Developer, under the MDA that are not currently set forth in the Term Sheet. If HomeFed does not agree to any such terms, conditions or obligations, HomeFed reserves the right to terminate this Agreement and/or not to proceed with the execution and delivery of the MDA. 3.1.2 Review and approval by City of all discretionary findings and conclusions. City’s execution and delivery of the MDA, any development or construction work at the Property, and any agreement by City to dispose of the Property or other City acquired parcels shall be conditioned upon the successful review and approval of all necessary findings and conclusions whi ch the City Council is required to make, including all necessary findings and determinations required under CEQA, state and local land use provisions, and other applicable federal, state and local laws. As to any matter with respect to which City may be required to exercise its unfettered discretion in advancing the Project to completion, nothing contained herein or in the MDA shall obligate City to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or 2022/12/06 City Council Post Agenda Page 1252 of 1285 4 required by law shall not be deemed to constitute a breach of City duties under this Agreement. [Placeholder -address SLA] 4. Termination Rights. 4.1 Termination by City. 4.1.1 City shall have the right to terminate this Agreement in the event of any of the following: (a) HomeFed fails to timely perform any of its obligations hereunder or is otherwise in default under this Agreement, after expiration of the notice and cure periods specified in Section 7.14; or (b) The parties reach an impasse in their negotiations of the MDA which cannot be resolved after good faith efforts, in the reasonable discretion of the City; or (c) The validity of this Agreement or either party’s authority to enter into this Agreement is challenged by an unrelated third party in a court or administrative proceeding. 4.2 Termination by HomeFed. 4.2.1 HomeFed shall have the right to terminate this Agreement in the event of any of the following: (a) City fails to timely perform any of its obligations hereunder or is otherwise in default under this Agreement after expiration of the notice and cure periods specified in Section 7.14; or (b) The parties reach an impasse in their negotiations of the MDA which cannot be resolved after good faith efforts, in the reasonable discretion of HomeFed; or (c) The validity of this Agreement or either party’s authority to enter into this Agreement is challenged by an unrelated third party in a court or administrative proceeding. 5. Additional Terms and Obligations. 5.1 Each Party to Bear its Own Cost. Each party shall bear its own costs incurred in connection with the negotiation of an MDA and the implementation of this Agreement. 5.2 No Brokers or Real Estate Commissions. City has engaged CBRE to serve as Development Advisor and Broker in connection with the negotiation of the MDA and the eventual sale of portions of the Property to third party end users. Unless otherwise agreed to by HomeFed in the MDA or by separate written agreement, all fees and commissions of CBRE relating to the Project or Property are the responsibility of the City. Except for the foregoing, each party warrants and represents to the other that such party has not engaged the services of any broker or finder in connection with the Property, the Project or the MDA. Each party agrees to indemnify, hold harmless, and defend the other against claims for commissions or fees made through such party, in connection with entering into this 2022/12/06 City Council Post Agenda Page 1253 of 1285 5 agreement or either party performing its obligations under this Agreement . No fees or commissions are being earned by the City, HomeFed, or CBRE as a result of or in connection with the negotiation or execution of this Agreement. 6. No Pre-Commitment. By its execution of this Agreement, City is not committing itself or agreeing to undertake any activity requiring the subsequent exercise of discretion by City, or any department thereof including, but not limited to, the approval and execution of an MDA; the proposal, amendment or approval of any land use regulation governing the Property; the incurrence of financial obligations or commitment of financial resources for the development of the Property, the provision of financial assistance for the acquisition, development, or operation of any public or private interest in real property; the authorization or obligation to use the City’s eminent domain authority; or any other related activity. This Agreement does not constitute a disposition of property or exercise of control over property by City and does not require a public hearing. City execution of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by City as to any proposed MDA and all proceedings and decisions in connection therewith. 7. General Provisions. 7.1 Notice/Address for Notice. All notices, demands, or requests provided for or permitted to be given pursuant to this Agreement must be in writing, with a copy delivered by electronic mail. 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 address identified in this Agreement as the places of business for each of the designated parties. The parties addresses for Notice are as follows: HomeFed’s Address for Notice: HOMEFED LLC Attn: Chris Foulger, President 1903 Wright Place, Suite 220 Carlsbad, CA 92008-6584 Telephone: (760) 602-3765 Email: CFoulger@hfc-ca.com With a copy to: Aaron J. Sobaski, Esq. Sheppard, Mullin, Richter & Hampton LLP, 650 Town Center Drive, 10th Floor Costa Mesa, CA 92626 Telephone: (714) 424-2848 Email: ASobaski@sheppardmullin.com 2022/12/06 City Council Post Agenda Page 1254 of 1285 6 City’s Address for Notice: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Maria V. Kachadoorian, City Manager Telephone: (619) 691-5031 Email: MKachadoorian@chulavistaca.gov With a copy to: Eric Crockett, Deputy City Manager & Economic Development Director 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 476-5002 Email: ECrockett@chulavistaca.gov Glen R. Googins, City Attorney 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 691-5039 Email: GGoogins@chulavistaca.gov 7.2 Authority. Each party represents that it has full right, power and authority to execute this Agreement and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Agreement on the behal f of such party are duly authorized agents with authority to do so. 7.3 Counterparts. This Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one Agreement after each party has signed such a counterpart. 7.4 Entire Agreement. This Agreement together with all attachments 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 attachments 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 hereby superseded. 7.5 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. 7.6 No Third Party Beneficiaries. There are no other parties to this Agreement, express or implied, direct or indirect. City and HomeFed acknowledge that it is not their intent to create any third party beneficiaries to this Agreement. 7.7 Assignment. City would not have entered into this Agreement but for HomeFed’s unique qualifications and experience. Therefore, HomeFed’s rights and obligations under 2022/12/06 City Council Post Agenda Page 1255 of 1285 7 this Agreement may not be assigned without the prior written approval of City, which may be withhel d or conditioned in City’s sole discretion. 7.8 Joint and Several Liability. If either party consists of more than one person or entity, the liability of each such person or entity shall be joint and several. 7.9 Time is of the Essence. Time is of the essence for each of the parties’ respective obligations under this Agreement. 7.10 Confidentiality. Developer acknowledges and agrees that City is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public, including being subject to the California Public Records Act (“CPRA”; Govt. Code Section 6250 et seq.). Accordingly, any information provided by HomeFed to City with respect to the Property, the Project or HomeFed may be disclosed to the public either purposely, inadvertently, or as a result of a public request or judicial order. With respect to any public records request for information pertaining to the financial condition of HomeFed, its members, lenders or other interested parties, or other information designated in writing by HomeFed as proprietary and confidential in nature, City agrees to (1) notify developer of such request; (2) exercise its best efforts to keep such information confidential, to the extent permitted by law; and (3) if determined to be appropriate in the City’s sole and unfettered discretion, assert all appropriate defenses or exemptions to such request, as provided by law. 7.11 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 the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. HomeFed shall also comply with applicable Chula Vista Municipal Code sections. 7.12 Attachments. All attachments referenced herein shall be attached hereto and are incorporated herein by reference. The following attachments are attached hereto: Attachment No. 1 – Depiction of the Property; Attachment No. 2 – Term Sheet. 7.13 Indemnification. HomeFed shall indemnify, protect, defend and hold harmless City, its elected and appointed officials, employees, volunteers, contractors, representatives, and agents, from and against any and all losses, liabilities, damages, claims or costs (including attorneys’ fees) arising from HomeFed’s negligent acts, errors, or omissions with respect to its obligations hereunder or the Property, excluding any such losses arising from the sole negligence or sole willful misconduct of City, its elected and appointed officials, employees, volunteers, contractors, representatives, and agents. This indemnity obligation shall survive the termination of this Agreement. 7.14 Defaults and Remedies. 7.14.1 Breach and Default. If any party breaches its obligations under this Agreement, then the non-breaching party shall serve written notice of such breach upon the breaching party. The written notification shall set forth the nature of the actions required to cure such breach if curable. The breaching party shall have fifteen (15) days from the date of the written notification to cure such breach. If such breach is not cured within this 15-day period (which shall constitute a 2022/12/06 City Council Post Agenda Page 1256 of 1285 8 “Default” hereunder), the non-breaching party shall have the right to terminate the Agreement pursuant to Section 4.1 or 4.2, as applicable, as well as the remedies permitted under Section 7.14.2, below. 7.14.2 Remedies. In the event of an uncured Default by either party to this Agreement, the parties shall have the right to terminate this Agreement pursuant to Section 4.1 or 4.2, as applicable, as well as the remedies of specific performance, mandamus and injunction. Neither party shall have the remedy of monetary damages nor an award of costs of litigation or attorneys’ fees against the other based upon breach or Default of this Agreement. Each party acknowledges that it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with debtor or released party. California Civil Code Section 1542 notwithstanding, it is the intention of the Parties to be bound by the limitation on damages and remedies set forth in this Section and the Parties hereby release any and all claims against each other for monetary damages or other legal or equitable relief related to any breach of this Agreement, whether or not any such released claims were known to either of the Parties as of the date of this Agreement. The Parties each waive the benefits of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect with regard to the limitations on damages and remedies and waivers of any such damage s and remedies contained in this Section. 7.14.3 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 (“Chapter 1.34”), as Chapter 1.34 may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of Chapter 1.34. Upon request by City, HomeFed shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. [Balance of Page Intentionally Left Blank; Agreement Continues on Following Page] 2022/12/06 City Council Post Agenda Page 1257 of 1285 S-1 4865-7031-0714v8/024036-0093 IN WITNESS WHEREOF, the parties hereto hereby execute this Agreement as of the Effective Date set forth above, thereby indicating their agreement to all the terms and conditions hereof. CITY: CITY OF CHULA VISTA, a chartered municipal corporation By: Its: ATTEST: Kerry K. Bigelow, City Clerk APPROVED AS TO FORM: Glen R. Googins, City Attorney HOMEFED: HOMEFED LLC, a Delaware limited liability company By: Chris Foulger, President 2022/12/06 City Council Post Agenda Page 1258 of 1285 Attachment No. 1-1 4865-7031-0714v8/024036-0093 ATTACHMENT NO. 1 DEPICTION OF THE PROPERTY 2022/12/06 City Council Post Agenda Page 1259 of 1285 University/Innovation District Master Developer Agreement Term Sheet Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022 2 4865-7031-0714v8/024036-0093 Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022, Term Sheet for the University/Innovation District Master Developer Agreement The purpose of this term sheet (“Term Sheet”) is to set forth the basic terms upon which the City of Chula Vista, a chartered municipal corporation (“City”) and HomeFed LLC, a Delaware limited liability company (“HomeFed”) would consider entering into an agreement pursuant to which Developer would serve as the developer of certain “Project Infrastructure” on certain “City Land” in order to advance the development of the “University/Innovation District Project,” all as more particularly set forth below. The parties acknowledge and agree that neither the presentation of this term sheet by City, nor any ultimate acceptance of its terms by one or both parties, either as initially presented, or as subsequently revised, shall constitute an offer or an acceptance of such terms that is in any form or manner binding on either Party (defined below). Rather, this term sheet is presented for discussion purposes only, neither Party shall be bound in any way by any of the terms or provisions of this term sheet, and any eventual agreement between the Parties dealing with any of the matters described herein shall be via a separate written development agreement (or other form of agreement), as agreed to by the Parties in their respective sole discretion (a “Master Developer Agreement”). City and HomeFed may sometimes be referred to herein collectively as the “Parties” or individually as a “Party”. Certain Definitions. “City Land” means approximately 383 acres of undeveloped land located in the City of Chula Vista, California, owned in fee, or under the control of City pursuant to the terms of one or more Irrevocable Offers of Dedication, as more particularly described on Exhibit A attached to the Exclusive Negotiating Agreement between the Parties to which this Term Sheet is attached. “Developer Management Fee” means a fee that may be earned by HomeFed to be paid by City and/or City’s designee in consideration of HomeFed’s design and implementation of any City-authorized work, in accordance with the terms and conditions set forth in Section 5, below. “Existing Entitlements” means any and all land use entitlements and approvals for development with respect to the City Land including, without limitation, (i) the SPA Plan (defined below) and (ii) that certain certified EIR14-01 (SCH No. 2014121097) for the University/Innovation District Project approved on November 13, 2018, as it may be amended from time to time. “General Contractor Fee” means a fee that may be earned HomeFed to be paid by City and/or City’s designee in consideration of HomeFed’s oversight and management of the Land Development Work necessary to implement any City-authorized Project Phase Development Plan in accordance with the terms and conditions set forth in Section 5, below. 2022/12/06 City Council Post Agenda Page 1260 of 1285 University/Innovation District Master Developer Agreement Term Sheet Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022 3 4865-7031-0714v8/024036-0093 “Land Development Work” means any and all services associated with pre-development and improvement of City Land and installation of infrastructure required to deliver graded pads to the City in a “rough graded” and “developable” condition (terms to be further defined in the Master Developer Agreement). This includes, without limitation, design and/or planning; secondary CEQA and technical studies, permitting or future entitlements, rough grading, erosion control, storm drainage, streets and sidewalks, sanitary sewers, potable water, fire water, reclaimed water, dry utilities, walls and fences, certain common area and site specific landscaping and related surface improvements, and other services. Land Development Work may also include design and construction work required for any necessary “off-site” improvements that support or serve development or use of the City Land. “Project Phase” means a land development phase identified in a Feasibility Plan, Preliminary Plan, or Final Project Phase Development Plan, as applicable, as more particularly set forth in Section 3, below. It is initially contemplated that the overall Project may include 4 to 6 Project Phases of between 50 to 100 acres each, and that each Project Phase contains balanced land uses and intensities as described in Section 3.a.i. below. “Qualified Land Development Costs” means the sum of all documented and City-approved Land Development Work “hard” and “soft” costs as more particularly described on Exhibit B attached hereto, including any allocable share of such costs related to necessary “off-site” improvements, but excluding HomeFed’s internal operating costs, any equitable share of “on-site” infrastructure improvements that would have been required to be performed by HomeFed as “off-site” improvement work in connection with the development of any HomeFed parcels, to be determined in connection with the Feasibility Plan and/or Preliminary Plan for the appliable Project Phase, and any General Contractor Fees or Master Developer Fees paid to HomeFed. “SPA Plan” means that certain Sectional Planning Area Plan for the University/Innovation District Project, approved on November 13, 2018, as it may be amended, modified, or supplemented, from time to time, and as interpreted by the City. “University” means a City-approved higher education facility or facilities which could be a single institution, bi-national, and/or multi-institutional consortium, which will provide a source of high-quality jobs, be physically well connected and synergistic with surrounding neighborhoods and the region and serve as an engine of economic growth for the City and the region. “University Innovation District” or “UID” means a multi-faceted commercial district, intended to be developed in conjunction with the University featuring various technology- or innovation-driven industries, housing, and other uses that are synergistic with the University and the surrounding area. “University Project” or “UID Project” means a specific proposal for the development of one or more University and/or UID project components on City Land. University Projects include, without limitation: (1) actual University or University supporting facilities (e.g., classrooms, admin/professor offices, student unions/activity centers, back of the house, faculty or student housing, etc.) (2) University-related Innovation District projects; and (3) other industrial, office, retail facilities supporting university or UID uses. 2022/12/06 City Council Post Agenda Page 1261 of 1285 University/Innovation District Master Developer Agreement Term Sheet Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022 4 4865-7031-0714v8/024036-0093 Infrastructure Framework Plan. To facilitate the development of the Project Phase Development Plans, the Parties contemplate that the City will engage HomeFed to prepare an Infrastructure Framework Plan (“IFP”) for the City Land prior to commencement of work on any Feasibility Plan (defined below). HomeFed will commence work to prepare the IFP following a written notice from the City instructing HomeFed to prepare the IFP. HomeFed and City will work together to develop the scope of work for the IFP and will meet periodically to review progress and address questions regarding the IFP, on a basis to be set forth in the Master Developer Agreement. Further, prior to commencing work on the IFP, HomeFed will provide the City with an estimated budget, scope of work, and anticipated consulting work for the preparation of the IFP. The IFP will describe the backbone roads, associated infrastructure plans (water, sewer, power, drainage), and mass grading plan contemplated for the entire City Land. The IFP will be provided at a preliminary tentative map level and will be supported by cost estimates. All third party costs incurred by HomeFed to prepare the IFP (based on the budget, scope of work, and consultant contracts approved by the City) will be considered reimbursable soft costs. HomeFed will be eligible to receive a Developer Management Fee with respect to the preparation of the IFP. Project Phase Development Plans. Feasibility Plan. Within ninety (90) days of receipt of written notice from the City Manager to proceed with the planning for development of a Project Phase (“City Notice”), HomeFed shall prepare and submit to City for its review and approval (in the City’s sole and absolute discretion) an initial proposed land use breakdown and financial pro forma for the proposed Project Phase (together, a “Feasibility Plan”). Each Feasibility Plan shall include a description of the estimated boundary of the proposed Project Phase and include a high-level description of the proposed Project Phase components (such as UID, market-rate residential broken down by detached single family, attached/townhome single family, and multifamily, affordable multifamily rental housing, commercial/retail/mixed use, industrial/distribution, and park/open space) by approximate gross square footage or acres. Each Project Phase shall initially provide for total Other Uses (defined below) not in excess of 25% of the combined gross square footage of University-UID uses within the Project Phase in compliance with the SPA Plan (all as interpreted by the City), or if the SPA Plan is amended, such other threshold as will comply with the SPA Plan as amended. As used herein “Other Uses” means uses described under the caption “Land Use Type E: Other Uses” in Section 3.6.1.E of the SPA Plan. Each Feasibility Plan shall include a financial proforma that includes an estimate of the cost to develop and install the infrastructure improvements required for the proposed development of the Project Phase and the public infrastructure and other horizontal improvements needed to prepare the portion of the Project Phase land designated for University/UID uses for vertical development (developable pad) (“Horizontal UID Infrastructure”). Each Feasibility Plan shall demonstrate that the non-University and non-UID uses within the Project Phase are estimated to produce sufficient revenues (from net land sale revenues) to enable the City to pay the cost to develop the Horizontal UID Infrastructure planned for such Project Phase. If approved by the City, the Feasibility Plan may 2022/12/06 City Council Post Agenda Page 1262 of 1285 University/Innovation District Master Developer Agreement Term Sheet Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022 5 4865-7031-0714v8/024036-0093 additionally take other reasonably-quantifiable revenues (in addition to net land sale revenues) into account in the financial feasibility analysis for the applicable Project Phase. HomeFed shall consult with the City prior to submittal of any Feasibility Plan that does not meet the goals described in (i) and (ii) above. HomeFed shall be responsible for the cost of preparing each Feasibility Plan and any revisions to any Feasibility Plan made at the request of the City or in response to comments by or discussions with the City. The City shall have no obligation to pay HomeFed for its costs incurred to prepare any Feasibility Plan, regardless of whether or not such Feasibility Plan is approved by the City. HomeFed shall not engage third party consultants or contractors in connection with the preparation of the Feasibility Plan without the prior written approval of the City. Preliminary Project Phase Development Plan. If City Manager approves the Feasibility Plan for a Project Phase, within one hundred and eighty (180) days of receipt of City Manager’s notice of approval, HomeFed shall prepare and submit to City for its review a Preliminary Project Phase Development Plan (“Preliminary Plan”) for the development of the Project Phase that is consistent with the approved Feasibility Plan. Each Preliminary Plan shall include, at a minimum, the following components: (1) a general site plan identifying developable pads and possible/proposed allocations of densities/uses throughout the Project Phase consistent with Existing Entitlements, (2) preliminary description of the necessary Land Development Work for the proposed Project Phase; (3) a preliminary estimate of the cost of such work; (4) estimates of the General Contractor Fee and Developer Management Fee for the Project Phase; (4) an estimated timetable for completion of the work; (5) an estimated value of the improved commercial/retail, University, innovation, and residential (broken down by student/faculty, affordable (non- University), and market-rate) land upon completion of the work; (6) a list and description of required entitlements to complete development of the phase, and (7) a high-level plan describing the remaining Project Phases, including then-current estimates of (i) the number of remaining phases, (ii) total acreage of each phase, (iii) square footage of land use types and densities, (iv) proportion of University/UID uses at each future phase, and (v) Land Development Costs for each future phase. Unless otherwise directed by the City following review of the Feasibility Plan for a Project Phase, each Preliminary Plan shall be designed by HomeFed to generate a rate of return to the City (from land sales and, if approved by the City, other revenues), that will be adequate to pay the cost of the Horizontal UID Infrastructure within such Project Phase. City will review and provide comments to HomeFed regarding the Preliminary Plan prepared by HomeFed and the Parties will cooperate to finalize the Preliminary Plan to inform the preparation of the Final Project Phase Development Plan described in Section 3.c. below. Final Project Phase Development Plan. Following approval of the Preliminary Plan by the City, over the next sixty (60) days the Parties will exchange comments, propose modifications, and otherwise meet and confer with the goal of creating a mutually acceptable final Project Phase Development Plan for the proposed Project Phase (the “Final Project Phase Development Plan”). Each Final Project Phase Development Plan shall include a plan of finance consistent with the terms of Section 7 hereof. 2022/12/06 City Council Post Agenda Page 1263 of 1285 University/Innovation District Master Developer Agreement Term Sheet Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022 6 4865-7031-0714v8/024036-0093 Each Party shall have the right to approve or disapprove each proposed Final Project Phase Development Plan in their sole discretion. Any Final Project Phase Development Plan will be subject to City Council approval. Notwithstanding the foregoing, if with respect to any Final Project Phase Development Plan, the City commits to provide funding for all associated Qualified Land Development Costs and all associated General Contractor and Master Developer Fees earned by HomeFed in connection therewith, HomeFed shall be deemed to have approved such plan and shall serve as Master Developer for the applicable Project Phase (with the exception of a UID Project to be developed by a University or a UID end user)] as described in Section 4 below. Project Phase Implementation. City will trigger Developer’s obligation to implement the Land Development Work associated with each approved Final Project Phase Development Plan by providing written notice to proceed to HomeFed (a “Notice to Proceed”). Within ninety (90) days after receipt of a Notice to Proceed, or such other timeline agreed upon by the City and HomeFed at the time of the issuance of the Notice to Proceed, taking into consideration all relevant factors, HomeFed shall provide to City for City’s review and approval (i) a schedule for the applicable Project Phase (“Project Phase Schedule”) that includes milestone deadlines for commencement and completion of specified components of the Project Phase Land Development Work, including a final completion date (the “Completion Date”) of all required Land Development Work for the applicable Project Phase and (ii) a detailed budget for the Land Development Work, including all Qualified Land Development Costs, General Contractor Fees, and Developer Management Fees for the applicable Project Phase (the “Project Phase Budget”). Upon City approval of the Project Phase Schedule and Project Phase Budget, HomeFed shall prosecute diligently to completion by the Completion Date, the design, permitting and award of contracts for construction of the Land Development Work necessary to complete the public infrastructure and the Horizontal UID Infrastructure set forth in the approved Final Project Phase Development Plan for the applicable Project Phase. All contracts for the Land Development Work shall be let in accordance with a procurement and project implementation process to be approved by the City in consultation with HomeFed. HomeFed shall notify the City immediately if HomeFed determines that the total Qualified Land Development Costs for the Project Phase is likely to exceed the amounts set forth in the Project Phase Budget (including contingency line items). If HomeFed fails to complete the agreed upon Land Development Work on a Project Phase by the required Completion Date, unless HomeFed’s performance is delayed by a qualified “force majeure” event, the MDA will provide for remedies in favor of the City that may include, after written notice and a reasonable opportunity to cure, termination and liquidated damages. “Force Majeure” will be defined in the Master Developer Agreement and will apply to both Parties’ obligations under the Master Developer Agreement. Reimbursement of Qualified Costs and Payment of Fees. Reimbursement of Costs. Commencing with the costs incurred by HomeFed to prepare the Preliminary Plan and thereafter with respect to a Project Phase (until and unless the 2022/12/06 City Council Post Agenda Page 1264 of 1285 University/Innovation District Master Developer Agreement Term Sheet Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022 7 4865-7031-0714v8/024036-0093 Master Developer Agreement is terminated with respect to that Project Phase), HomeFed shall be entitled to receive reimbursement of any and all Qualified Land Development Costs paid by HomeFed to non-affiliated third party consultants or contractors performing Qualified Land Development Work associated with any City-approved Project Phase Development Plan in accordance with the terms and payment protocols set forth in Exhibit A. Third party costs incurred by HomeFed in connection with the preparation of each Project Phase Development Plan (including the Preliminary Plan and the Final Project Phase Development Plan) shall be included within Qualified Land Development Costs consistent with Exhibit A attached hereto, and shall be reimbursable to HomeFed regardless of whether a proposed Final Project Phase Development Plan is acted upon by the City and/or approved by City Council. (As noted in Section 3.a., third party costs incurred by HomeFed in connection with the preparation of the Feasibility Plan are not reimbursable to HomeFed unless specifically approved in writing in advance by the City.) As an alternative to reimbursement, the Parties may mutually agree upon a process for City to direct payment to the consultant/contractor engaged by HomeFed or City may engage such consultant or contractor directly pursuant to an agreement among the City, HomeFed, and such consultant or contractor. In all cases, prior to City’s obligation to make payment, City shall have reasonable opportunity to review and approve a detailed statement of costs incurred, and to determine if the work has been performed in accordance with the City-approved plans and otherwise to City’s satisfaction. Payment of Fees. In connection with the implementation by HomeFed of Land Development Work performed as part of any City-approved Final Project Phase Development Plan, subject to the terms and conditions of this Section, HomeFed shall also be entitled to the following fees: (i) A General Contractor Fee in an amount equal to a percentage of the hard cost component of the Qualified Land Development Costs (including general conditions) incurred with respect to each Project Phase in accordance with the following schedule: (1) Above $0 up to $5 million in costs, 11% of such costs; (2) Above $5 million up to $10 million in costs, 10% of such costs; (3) Above $10 million up to $15 million in costs, 9% of such costs; (4) Above $15 million, 8% of such costs; and (5) Above $20 million, 7% of such costs. (ii) A Developer Management Fee in an amount equal to a percentage of the hard and soft cost components of the Qualified Land Development Costs incurred with respect to each Project Phase in accordance with the following schedule: (1) Above $0 up to $5 million in costs, 4.5% of such costs; (2) Above $5 million up to $10 million in costs, 4% of such costs; (3) Above $10 million up to $15 million in costs, 3.5% of such costs; (4) Above $15 million up to $20 million, 3% of such costs; and (5) Above $20 million, 2.5% of such costs. 2022/12/06 City Council Post Agenda Page 1265 of 1285 University/Innovation District Master Developer Agreement Term Sheet Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022 8 4865-7031-0714v8/024036-0093 For example, if the City incurs Qualified Land Development Costs for a Project Phase in the amount of $21,000,000, comprised of $13,000,000 of hard costs and $8,000,000 of soft costs, subject to City’s approval of such costs, HomeFed shall be entitled to receive a General Contractor Fee and a Developer Management Fee calculated as follows: General Contractor Fee (applied to hard costs only): 11% Tier up to $5m = $ 550,000 10% Tier $5-$10m = $ 500,000 9% Tier $10-$13m = $ 270,000 Total GC Fee = $1,320,000 Developer Management Fee (applied to hard and soft costs): 4.5% Tier up to $5m = $ 225,000 4% Tier $5-$10m = $ 200,000 3.5% Tier $10-$15m = $ 175,000 3% Tier $15-$20m = $ 150,000 2.5% Tier $20-21m = $ 25,000 Total DM Fee = $ 775,000 HomeFed shall submit to City monthly a detailed statement of any and all Qualified Land Development Costs. HomeFed shall concurrently submit separate statements for any and all General Contractor and Developer Management Fees earned by HomeFed in connection therewith. City shall review, reasonably approve, such statements consistent with the terms and process outlined in Exhibit A. Subject to City’s prior reasonable approval, City’s reimbursement of HomeFed’s Qualified Land Development Costs and payment of the General Contractor Fee and Development Management Fee shall be made in periodic installments. Each such installment due and payable in accordance with the Payment Protocols established in Exhibit A. In the event the City fails to make a payment to HomeFed when due and, following written notice of such failure and 30 days to cure, the City still has not made the payment, unpaid past due amounts will accrue simple interest at the rate of 8% per annum. The City will also be responsible for any late fees or penalties applicable to Qualified Land Development Costs due under contracts entered into with respect to the Land Development Work (to the extent such fees or penalties are assessed as a result of the City’s failure to make a payment to HomeFed or the applicable contractor or consultant). Project Marketing. The Parties will cooperate in the development, modification as necessary, and implementation of a comprehensive plan for the marketing of the City Land to prospective developers/owners/operators of University/UID Projects (“Marketing Plan”). The initial Marketing Plan will be developed collaboratively by City and HomeFed under an initial contract with CBRE Group, Inc., a California corporation (“CBRE”), or any additional/subsequent consultants selected by City from time to time, and shall be implemented by such consultant(s). 2022/12/06 City Council Post Agenda Page 1266 of 1285 University/Innovation District Master Developer Agreement Term Sheet Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022 9 4865-7031-0714v8/024036-0093 HomeFed and the City will agree, from time to time in connection with the development of the Final Project Phase Development Plan for each Project Phase, the extent to which HomeFed and the City will coordinate marketing efforts for the Project Phase. If HomeFed desires to participate or coordinate with the City in connection with the City’s marketing efforts, then HomeFed a nd the City will share the cost of such marketing efforts on such basis as the Parties may agree from time to time. Unless otherwise agreed, each Party shall bear their own internal costs in support of any project marketing efforts. Notwithstanding anything to the contrary herein, marketing costs will not be included as Qualified Land Development Costs for which City will be obligated to reimburse HomeFed or for purposes of calculating the General Contractor Fee or Developer Management Fee payable to HomeFed. Project Financing. The Parties agree to work collaboratively to evaluate and obtain favorable financing mechanisms, including without limitation possible bond measures, private financing, Enhanced Infrastructure Financing Districts, Community Facilities Districts, Tax Increment Financing, and/or EB-5 financing, to support the development of any Land Development Work associated with the development of any Project Phase. To the extent such third party financing mechanisms, or such other monies that may be available to City, do not provide sufficient funding for the Land Development Work required for any Project Phase HomeFed HomeFed will agree in the Master Developer Agreement to provide financing for all or a portion of each Project Phase, with monies advanced earning a rate of return equal to 12% per annum from the date of advancement until paid. The final form and terms for such financing shall be subject to City approval in its sole discretion. General Provisions Assignment. City will have the right to assign its rights/obligations under the Master Developer Agreement to an affiliate so long as such affiliate has the financial wherewithal (as reasonably demonstrated to HomeFed) to perform the City’s obligations under the Development Agreement; any other assignment shall be subject to HomeFed’s prior reasonable approval. HomeFed will not have the right to assign its rights or obligations under the Master Developer Agreement, except to wholly controlled subsidiaries of the HomeFed or its parent company, without City’s prior approval in its sole discretion. Compliance with Laws. Describe generally surplus lands, economic development assistance reports/findings, prevailing wage, CEQA. Dispute Resolution. To the extent any dispute arises between the Parties, prior to commencing any legal action with respect to such dispute, the Parties will endeavor to resolve such dispute first through an informal meet and confer process, second through mediation with a mutually approved third party mediator. Default. The Master Developer Agreement shall specify recognizable defaults, applicable notice and cure periods, and appropriate remedies. Force Majeure. Identified “force majeure” events will be negotiated by the Parties and set forth in the Master Developer Agreement, and may relieve for the duration of such event an affected Party’s performance of its obligations under the Master Developer Agreement so long as the affected Party is taking any and all necessary and appropriate actions to mitigate the impacts of such event and resuming performance as quickly as possible; provided financial inability shall not be considered force majeure. 2022/12/06 City Council Post Agenda Page 1267 of 1285 University/Innovation District Master Developer Agreement Term Sheet Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022 10 4865-7031-0714v8/024036-0093 City Delay. Separate from force majeure, the Master Developer Agreement will contain provisions relating to delays caused by the action or inaction of the City, which will be considered excused delays for the benefit of the HomeFed. Termination. The Parties shall consider appropriate cure periods and circumstances under which one or both Parties can terminate the arrangement both for cause and at their discretion. Each Party shall have the right to terminate the Master Developer Agreement for an uncured default by the other Party. Each Party shall also have the right, after providing written notice to the other Party, to terminate the Master Developer Agreement at any time without cause, subject to conditions to be specified in the Master Developer Agreement (i.e. City payment of Qualified Land Development Costs, General Contractor Fee, and Developer Management Fee already incurred as of the termination date and termination by HomeFed of existing third party contracts in accordance with the terms thereof, etc.). If the City receives a proposal from a University or UID end user to develop UID Horizontal Infrastructure the City will have the right to terminate the Master Developer Agreement with respect to the component of the Project to be developed by such University or UID end user. Any such termination would exclude vested development rights to which HomeFed may have become entitled under the terms of the Master Developer Agreement, if any. Miscellaneous/General Provisions. The Master Developer Agreement shall include appropriate general provisions/legal “boilerplate.” Additional Understandings. (1) In furtherance of HomeFed’s ability to draft and implement a feasible and desirable Final Project Phase Development Plan in an effective and timely manner, City shall afford HomeFed a reasonable opportunity to consult with City and provide City with its input regarding any City selection of a developer, acquirer or end-user for any major project or parcel on City Land within any proposed Project Phase. (2) In addition to its responsibilities for creating Project Phase Development Plans and implementing the Land Development Work associated therewith, HomeFed also desires to propose terms upon which HomeFed, or an affiliate, may acquire and/or develop one or more parcels of the City Land for the development of projects consistent with the Existing Entitlements. City acknowledges this interest and, subject to the terms of Section 8.i(3), below, will negotiate with HomeFed regarding possible Master Development Agreement terms upon which HomeFed could be granted priority rights of acquisition and/or development with respect to portions of the Project that are not being developed as UID uses. (3) The Parties acknowledge that City is currently evaluating whether some or all of the City Land may be subject to the notice of availability and good faith negotiation requirements set forth in the California Surplus Lands Act (“SLA”), both Parties agree that there shall be no negotiations between the Parties regarding possible terms for acquisition of the City Land by HomeFed unless and until the City determines, in its sole discretion, with respect to any City Land in which HomeFed may desire to acquire an interest either (a) that such City Land is exempt from the requirements of the SLA; or (b) the City has otherwise taken all legally required steps to comply with the SLA with respect to such City Land and either (1) not received a qualified notice of interest, or (2) 2022/12/06 City Council Post Agenda Page 1268 of 1285 University/Innovation District Master Developer Agreement Term Sheet Attachment No. 2 to Exclusive Negotiating Agreement dated as of December 2, 2022 11 4865-7031-0714v8/024036-0093 if a qualified notice of interest is received, decided, in its sole discretion, after good faith negotiations with any party providing a qualified notice of interest, not to transfer such land to a qualified third party. 2022/12/06 City Council Post Agenda Page 1269 of 1285 University/Innovation District Master Developer Agreement Term Sheet Exhibit A to Exclusive Negotiating Agreement dated as of December 2, 2022 12 TERM SHEET EXHIBIT A CITY LAND 2022/12/06 City Council Post Agenda Page 1270 of 1285 University/Innovation District Master Developer Agreement Term Sheet Exhibit B to Exclusive Negotiating Agreement dated as of December 2, 2022 13 Exhibit B – MDA Term Sheet Section 1: Qualified Costs, Reimbursements and Fees HomeFed shall be reimbursed and earn fees for services rendered as the Master Developer as outlined in Section 5 in the Term Sheet and the terms and payment protocols set forth below. See Section 2 for payment protocols. Qualified Land Development Costs. Reimbursements and fees shall be based on the Qualified Land Development Costs incurred with respect to each Project Phase. Qualified Land Development Costs are subject to pre-approval by the City through joint (City and HomeFed) finalization and approval of the Final Project Phase Development Plan. Qualified Land Development Cost categories include, but are not limited to, the following: Soft Costs: a. Consultants (i.e., archeological, biological, paleontological, environmental, farm, technology) b. Engineering (i.e., civil, dry utilities, Geotech/soils, staking/survey, structural, traffic, wet utilities) c. Architectural design (i.e., building(s), land planning/design, landscape architecture) d. Entitlement and permitting fees (i.e., city/county, schools, utility deposits and reimbursables, unless directly waived/absorbed by City for improvement of their own land) Hard Costs: a. Clearing and Grading (rough, fine/finished pads) b. Improvements/Materials/Equipment (i.e., base and paving, specialty paving, concrete, construction water, temporary utilities, dry utilities, erosion/sedimentation control, import/export, walls/fences/pilasters structural and non-structural, sewer, slopes, storm drain and basins, surface improvements, subgrade prep, water potable/reclaimed/fire) c. Land acquisition (i.e., appraisals, easement, legal, mitigation, studies/reports, title insurance) d. Outdoor facilities and amenities (i.e., streetscape furniture, lighting, irrigation, striping and municipal signage, traffic signals) e. Landscaping (i.e., startup maintenance, monuments, trails/bike paths) f. Labor Reimbursement All costs associated with improvement of land and installation of infrastructure required to deliver graded pads to the City shall be consolidated as Qualified Land Development Costs, as invoiced by Vendors directly to the HomeFed. These costs shall be passed through directly to the City without markup by HomeFed on a periodic basis, no more than monthly. City shall not be required to reimburse c osts incurred by HomeFed or any affiliate of HomeFed, it being understood that City’s reimbursement obligations apply to costs associated with third party contractors and consultants not affiliated with HomeFed. Costs of HomeFed and its affiliates are addressed through the General Contractor Fee and Developer Management Fee described below. 2022/12/06 City Council Post Agenda Page 1271 of 1285 University/Innovation District Master Developer Agreement Term Sheet Exhibit B to Exclusive Negotiating Agreement dated as of December 2, 2022 14 The parties acknowledge that the City will pay costs of financing the Qualified Land Development Costs but that such financing costs are not a hard or soft cost included in the calculation of the General Contractor Fee or Developer Management Fee. Costs of marketing land within the Project to builders, Universities or other vertical developers or end users are addressed in Section 6 of the Term Sheet; costs associated with marketing the Project shall not be included in the calculation of the General Contractor Fee or Developer Management Fee. In addition, HomeFed legal fees and expenses (including in-house attorneys and outside legal counsel) are not payable or reimbursable as Qualified Land Development Costs or included in the calculation of the General Contractor Fee or Developer Management Fee. General Contractor Fee. HomeFed shall be entitled to receive a General Contractor Fee in consideration of serving as City’s owner representative in managing the Land Development Work. As provided in Section 5 of the Term Sheet, the General Contractor Fee shall be charged separately as a percentage of the hard cost component of the Qualified Land Development Costs during the same period. The General Contractor Fee shall be invoiced concurrent with reimbursement invoices for Qualified Land Development Costs but charged separately to maintain cost documentation transparency. Developer Management Fee HomeFed shall earn a direct fee for serving as the Development Manager, overseeing all activities related to improvement of City Land and installation of infrastructure required to deliver graded pads to the City. As provided in Section 5 of the Term Sheet, the Developer Fee shall be charged separately as percentage of both hard and soft costs component of the Qualified Land Development Costs during the same period. The Developer Management Fee shall be invoiced concurrent with reimbursement invoices for Qualified Land Development Costs but charged separately to maintain cost documentation transparency. Section 2: Payment Protocols Qualified Land Development Costs for each Project Phase will be generated monthly. Vendors will submit monthly invoices (subject to contract terms) directly to HomeFed. . . Invoice payment protocols are proposed as follows: 1. HomeFed shall review and verify all Vendor(s) invoices. HomeFed will require vendors to submit invoices by the 5th day of each month reflecting work performed during the prior month. HomeFed will review and verify all vendor invoices received by the 5th day of each month and, on or before the 20th day of that month, HomeFed will submit to the City:  A consolidated Qualified Land Development Cost invoice to the City, including all associated Vendor invoices for the preceding month.  Submit a separate invoice for any due and payable General Contractor Fees and Developer Management Fees. 2. The City shall have 14 business days to review the invoices and notify HomeFed of its intent to proceed in one of the following ways: 2022/12/06 City Council Post Agenda Page 1272 of 1285 University/Innovation District Master Developer Agreement Term Sheet Exhibit B to Exclusive Negotiating Agreement dated as of December 2, 2022 15 a) City Direct Pay. City to directly pay the invoices subject to contract terms; would likely require the City to issue several individual payments to Vendors. b) City Pays Developer. City pays cost of both invoices directly to the Developer within 30 days; Developer issues payment to Vendor(s) subject to contract terms. c) City Authorizes HomeFed to provide Financing. If the City and HomeFed have agreed as part of the Final Project Phase Development Plan that HomeFed will provide financing for all or a part of the Qualified Land Development Costs for the Project Phase in accordance with Section 7 of the Term Sheet, then HomeFed will advance the funds required for payment of the invoices on the City’s behalf, then interest shall accrue on such advanced amounts and be subject to repayment on the agreed-upon financing terms. The parties acknowledge that the City is responsible for payment of costs of financing the Qualified Land Development Costs, whether through HomeFed-provided financing or third party financing obtained by the City. 2022/12/06 City Council Post Agenda Page 1273 of 1285 HOUSING & HOMELESS SERVICES Item 9.1 -City Manager’s Reports Update on Harborside Park Presented by: Stacey Kurz, Director of Housing & Homeless Services Angelica Davis, Homeless Solutions Manager2022/12/06 City Council Post Agenda Page 1274 of 1285 Harborside Closure 8/31/2022 Harborside Park closed for repair and fencing beginning August 31 to November 30,2022,pursuant to Resolution of the Chula Vista City Council and Chula Vista Municipal Code sections 2.66.010 and 2.66.270. Closure may be extended at the City Manager’s discretion. 2022/12/06 City Council Post Agenda Page 1275 of 1285 Community Input Community Engagement Events: •September 21, 2022 •October 25, 2022 •November 14, 2022 Approximately 150 participants. Survey Topics: •Demographics •Short-term solutions •Long-term solutions Total of 184 completed surveys were collected. 2022/12/06 City Council Post Agenda Page 1276 of 1285 Survey Results - Demographics 2022/12/06 City Council Post Agenda Page 1277 of 1285 Survey Results Short Term Solutions 2022/12/06 City Council Post Agenda Page 1278 of 1285 Survey Results Long-Term Solutions 2022/12/06 City Council Post Agenda Page 1279 of 1285 MEASURES TAKEN: •24 Security •Fencing •Camera Installation •Security Light Improvements IMPACTS •Industrial Boulevard •Harborside Elementary School •Brentwood Mobile Home Park •Laundry Rooms Locked •Neighborhood Watch –CSO (security measures) •Surrounding Businesses Harborside Temporary Closure Impacts to Community 2022/12/06 City Council Post Agenda Page 1280 of 1285 Harborside Temporary Closure Outreach and Service Efforts Mobile Showers 2022/12/06 City Council Post Agenda Page 1281 of 1285 Homeless Bridge Shelter Project Status •New Sidewalks •Water •Sewer •Electrical •PADs Estimated Completion Date January 2022 Project Description •65 Units •Bathrooms/Showers •Laundry Facilities •Multipurpose Rooms •24-Hour Security •Wrap-Around Services 2022/12/06 City Council Post Agenda Page 1282 of 1285 Point in Time Count January 26, 2023 4:00 am –8:00 am Click the QR Code to Register 2022/12/06 City Council Post Agenda Page 1283 of 1285 90 Day Extension of Harborside Closure Closure may be extended at the City Manager’s discretion. 2022/12/06 City Council Post Agenda Page 1284 of 1285 HOUSING & HOMELESS SERVICES Item 9.1 -City Manager’s Reports Update on Harborside Park Presented by: Stacey Kurz, Director of Housing & Homeless Services Angelica Davis, Homeless Solutions Manager2022/12/06 City Council Post Agenda Page 1285 of 1285