HomeMy WebLinkAbout2023/01/17 Post Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:Tuesday, January 17, 2023, 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.
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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.
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.
2023/01/17 City Council Post Agenda Page 2 of 501
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 Electronics Technician Olric Forde in
Recognition of His Retirement and 23 Years of Service With the City of Chula
Vista
5.CONSENT CALENDAR (Items 5.1 through 5.7)
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 5.4 and Items 5.6 through 5.7 The headings were read, text waived. The motion
carried by the following vote:
5.1 Approval of Meeting Minutes 10
RECOMMENDED ACTION:
Approve the minutes dated: December 20, 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
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
5.4 Massage Regulation: Consider Repealing Chula Vista Municipal Code Chapter
5.36, Massage Parlors and Holistic Health Practitioners, and Replacing it with
Chapter 5.36, Massage Regulation (Second Reading)
19
Report Number: 22-0322
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.
2023/01/17 City Council Post Agenda Page 3 of 501
RECOMMENDED ACTION:
Adopt an ordinance repealing Chula Vista Municipal Code Chapter 5.36,
Massage Parlors and Holistic Health Practitioners, and replace it with the
proposed new version of Chapter 5.36, Massage Regulation (Second Reading
and Adoption)
5.5 Grant Application and Appropriation: Authorize Submittal of a State of California
Permanent Local Housing Allocation (PLHA) Grant Application, Approve an
Amended Plan for Homeless-Related Services, and Appropriate Funds
100
Report Number: 23-0010
Location: No specific geographic location
Department: Housing and Homeless Services
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 a Resolution Nos. 2023-001 and 2023-002, headings read, text waived.
The motion carried by the following vote:
5.6 Agreement Extension: Approve an Amendment to Extend the Alternative Dispute
Resolution Agreement Between the City and the Chula Vista Police Officer’s
Association
110
Report Number: 23-0024
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 approving an amendment to extend the Alternative Dispute
Resolution Agreement between the City of Chula Vista and the Chula Vista Police
Officer’s Association for an additional year.
2023/01/17 City Council Post Agenda Page 4 of 501
5.7 Grant Application: Approve a Joint Application with the City of San Diego for a
Waste Tire Abatement Grant and Authorize the City of San Diego to Execute All
Grant-Related Documents and Grant Activities
122
Report Number: 22-0310
Location: No specific geographic location
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15309 Class
9 (Inspections) and Section 15061(b)(3).
RECOMMENDED ACTION:
Adopt a resolution approving a joint application for grant funding for waste tire
abatement up to $500,000 with the City of San Diego and authorizing the City of
San Diego to execute all grant-related documents and grant activities.
6.PUBLIC COMMENTS 182
The public may address the Council on any matter within the jurisdiction of the Council
but not on the agenda.
7.BOARD AND COMMISSION REPORTS
The following item(s) have been brought forward by a City board, commission, or
committee.
7.1 Commission on Aging Final Report of Activities through January 5, 2023 268
Report Number: 23-0021
Location: No specific geographic location
Department: Community Services – Parks and Recreation
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:
Hear the report.
8.PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law.
2023/01/17 City Council Post Agenda Page 5 of 501
8.1 Development Agreement: Approve the Second Amendment to the Otay Ranch
Eastern Urban Center Development Agreement Between the City of Chula Vista
and McMillin Otay Ranch, LLC
270
Report Number: 23-0029
Location: Millenia Lot 1, located directly north of the intersection of Millenia
Avenue and Bob Pletcher Way and Millenia Lot 19, located directly south of the
intersection of Millenia Avenue and Bob Pletcher Way
Department: Economic Development
Environmental Notice: The Project was adequately covered under a previously
certified Final Second Tier Environmental Impact Report (EIR 07-01; SCH No.
2007041074) for the Otay Ranch Eastern Urban Center Sectional Planning Area
and Tentative Map.
RECOMMENDED ACTION:
To place the ordinance on first reading, heading was read, text waived. The
motion carried by the following vote:
**Time Certain 6:00 p.m.**
8.2 Zoning Administrator Appeal: US Super Gas, Inc. Conditional Use Permit for the
Sale of Alcohol at 1495 Melrose Avenue
300
Report Number: 23-0017
Location: 1495 Melrose Avenue
Department: Development Services
Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption
pursuant to Section 15301 (Existing Facilities) of the California Environmental
Quality Act (“CEQA”) State Guidelines.
RECOMMENDED ACTION:
Conduct a public hearing and adopt a resolution denying the appeal of US Super
Gas, Inc. and affirming the Zoning Administrator’s decision denying Conditional
Use Permit, CUP22-0023, for an off-site consumption alcohol license at 1495
Melrose Avenue, Chula Vista, CA 91911.
9.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion
and deliberation.
2023/01/17 City Council Post Agenda Page 6 of 501
9.1 District 3 City Councilmember Vacancy: Nominate Applicants to be Interviewed,
Determine a Date and Time to Conduct the Interviews, and Potentially Take
Related Action Regarding Procedures for Interviews and Nominations
359
Report Number: 23-0027
Location: No specific geographic location
Department: City Clerk
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
A) Discuss and nominate applicants who submitted qualified applications during
the application period to be interviewed. The qualified applicants are: Nimpa
Akana, Devonna Almagro, Griselda Delgado, David Diaz, Alejandro Galicia, Gian
Ghio, Alonso Gonzalez, Christos Korgan, Victor Lopez, Daniel Rice (Vazquez),
Sophia Rodriguez, Tamara Rodriguez, Frank Salaiz, Ida Spector, Diego Vargas,
Tanya Williams, and Douglas Wolf
B) Select a date and time for an open City Council meeting to conduct the
interviews for applicants who receive two or more nominations
C) Discuss and possibly take action related to the interview process, interview
questions, nomination procedure, and related matters.
10.CITY MANAGER’S REPORTS
11.MAYOR’S REPORTS
2023/01/17 City Council Post Agenda Page 7 of 501
11.1 Appointment of City Councilmembers to Outside Agencies 496
Chula Vista Bayfront Facilities Financing Authority Board of Directors -
Two (2) Members
•
Chula Vista University Subcommittee (internal subcommittee of the
Council) - Two (2) Members
•
Chula Vista Veterans Home Support Foundation - Member•
Chula Vista Veterans Home Support Foundation - Alternate•
Interagency Water Task Force - Two (2) Members•
International Council for Local Environmental Initiatives (ICLEI) -
Environmental Lead
•
International Council for Local Environmental Initiatives (ICLEI) -
Alternate
•
League of California Cities, San Diego Division - Member•
League of California Cities, San Diego Division - Alternate•
Metropolitan Transit System Board of Directors (MTS) - 1st Member
(Mayor)
•
Metropolitan Transit System Board of Directors (MTS) - 2nd Member
(City Councilmember)
•
Metropolitan Transit System Board of Directors (MTS) - Alternate•
Metropolitan Wastewater Commission (Metro) - Member•
Metropolitan Wastewater Commission (Metro) - Alternate•
Otay Ranch Preserve Owner Manager (POM) Policy Committee -
Member
•
Otay Ranch Preserve Owner Manager (POM) Policy Committee -
Alternate
•
Otay Valley Regional Park (OVRP) Policy Committee - Member•
Otay Valley Regional Park (OVRP) Policy Committee - Alternate•
San Diego Community Power Authority - Member•
San Diego Community Power Authority - Alternate•
South County Economic Development Council (EDC) - Member•
South County Economic Development Council (EDC) - Alternate•
University Project Task Force with Southwestern College - Two (2)
Members
•
12.COUNCILMEMBERS’ COMMENTS
13.CITY ATTORNEY'S REPORTS
2023/01/17 City Council Post Agenda Page 8 of 501
13.1 Discussion and Possible Action Regarding Appointment Process for an
Interim/Acting City Attorney
498
Proposed process for City Council appointment of an interim/acting City Attorney
to serve at the pleasure of the Council, commencing upon departure of the
current City Attorney until his successor is elected and sworn into office,
including the potential formation of an ad hoc City Council subcommittee to
facilitate the process.
14.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)
14.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
A) Name of case: City of Imperial Beach, et al. v. The International Boundary &
Water Commission-United States Section, United States District Court, Case No.
18-cv-0457 JM JLB
B) Name of case: CV Amalgamated LLC v City of Chula Vista, et al., San Diego
Superior Court, Case number 37-2020-33446-CU-MC-CTL
C) Name of case: UL Chula Two LLC v City of Chula Vista, et al., San Diego
Superior Court, Case number 37-2020-41554-CU-MC-CTL
D) Name of case: Chula Vista Cannabis Village Inc. v City of Chula Vista, et al.,
San Diego Superior Court, Case number 37-2020-41802-CU-MC-CTL
15.ADJOURNMENT
to the regular City Council meeting on January 24, 2023 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.
2023/01/17 City Council Post Agenda Page 9 of 501
City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
December 20, 2022, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Deputy Mayor Cardenas, Councilmember Chavez, Councilmember
Preciado, Mayor McCann
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
5:02 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 Preciado led the Pledge of Allegiance.
4. CONSENT CALENDAR (Items 4.1 through 4.7)
City Clerk Bigelow announced that Item 4.5 would be continued to a future date.
Moved by Mayor McCann
Seconded by Deputy Mayor Cardenas
To approve the recommended actions appearing below consent calendar Items 4.1
through 4.4 and Items 4.6 through 4.7. The headings were read, text waived. The
motion carried by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember Preciado,
and Mayor McCann
Result, Carried (4 to 0)
2023/01/17 City Council Post Agenda Page 10 of 501
2022-12-20 City Council Regular Meeting Minutes
Page 2
4.1 Approval of Meeting Minutes
Approve the minutes dated: December 13, 2022
4.2 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.
4.3 Consideration of Request for Excused Absences
Consider requests for excused absences as appropriate. No requests were
received at that meeting.
4.4 Employee Compensation and Positions: Adopt an Ordinance Adding an
Unclassified Position Title (Second Reading)
Adopt an ordinance adding the Unclassified Position Title, Information Technology
Project Manager. (Second Reading and Adoption) (4/5 Vote Required)
Item 4.4 heading:
ORDINANCE NO. 3540 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.
(SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED)
4.6 City Board, Commission, and Committee Terms: Accept the Local
Appointments List of Terms Expiring in 2023
Adopt a resolution accepting the 2023 Local Appointments List for board,
commission, and committee terms expiring in calendar year 2023.
Item 4.6 heading:
RESOLUTION NO. 2022-278 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE 2023 LOCAL APPOINTMENTS LIST FOR BOARD,
COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR
2023
4.7 Annual Report: Fiscal Year 2021/22 Development Impact Fees, the Parkland
Acquisition and Development Fee, Trunk Sewer Capital Reserve Funds, and
Five-Year Findings for Unexpended Development Impact Fees
Accept the Annual Development Impact Fees Report and adopt resolutions: A)
Poggi Canyon Sewer, Otay Ranch Villages 1, 2, 5 & 6 and Otay Ranch Village 11
Pedestrian Bridge Development Impact Fees collected and remaining unexpended
for five or more years; B) Eastern Transportation Development Impact Fees
collected and remaining unexpended for five or more years; and C) Telegraph
Canyon Drainage Development Impact Fees collected and remaining unexpended
for five or more years.
2023/01/17 City Council Post Agenda Page 11 of 501
2022-12-20 City Council Regular Meeting Minutes
Page 3
Item 4.7 heading:
A) RESOLUTION NO. 2022- 279 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT
CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED
AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (POGGI
CANYON SEWER DEVELOPMENT IMPACT FEE; OTAY RANCH VILLAGES 1, 2,
5, & 6 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE; AND OTAY
RANCH VILLAGE 11 DEVELOPMENT IMPACT FEE)
B) RESOLUTION NO. 2022-280 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT
CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED
AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (EASTERN
TRANSPORTATION DEVELOPMENT IMPACT FEE)
C) RESOLUTION NO. 2022-281 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT
CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED
AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (TELEGRAPH
CANYON DRAINAGE DEVELOPMENT IMPACT FEE)
ITEM REMOVED FROM THE CONSENT CALENDAR
4.5 Housing Funding: Approve the Housing and Urban Development (HUD)
2022/23 Annual Action Plan First Amendment for the Federal Block Grant
Programs and Appropriate Funds
Item was continued to a future date.
5. PUBLIC COMMENTS
Joseph Raso, Chula Vista resident, distributed written communications and spoke
regarding the residential landlord tenant ordinance.
Tim Aufmuth, Chula Vista resident, spoke regarding his experience on the Commission
on Aging.
John Acosta, Chula Vista resident, expressed concern regarding services for veterans.
6. ACTION ITEMS
6.1 Employee Compensation: Approve the Revised Compensation Schedules
that Reflect Elected Officials’ Salaries Pursuant to the City Charter and
Appropriate Funds
Human Resources Director Chase announced that approval of the item would
affect executive compensation and spoke briefly about the item.
2023/01/17 City Council Post Agenda Page 12 of 501
2022-12-20 City Council Regular Meeting Minutes
Page 4
Moved by Councilmember Preciado
Seconded by Councilmember Chavez
To adopt Resolution Nos. 2022-282 through 2022-284, headings read, text waived.
The motion carried by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember
Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 6.1 headings:
A) RESOLUTION NO. 2022-282 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022/23
COMPENSATION SCHEDULE EFFECTIVE DECEMBER 30, 2022, TO REFLECT
THE ADJUSTED SALARIES FOR MAYOR, COUNCILMEMBER AND CITY
ATTORNEY EFFECTIVE JULY 1, 2022, AND ITS INCLUSION IN THE REVISED
COMPENSATION SCHEDULES EFFECTIVE JULY 1, 2022; AUGUST 12, 2022;
OCTOBER 21, 2022; NOVEMBER 18, 2022; DECEMBER 16, 2022, AS
REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5
B) RESOLUTION NO. 2022-283 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022/23
COMPENSATION SCHEDULE EFFECTIVE JANUARY 13, 2023, AS REQUIRED
BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
C) RESOLUTION NO. 2022-284 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)
6.2 Massage Regulation: Consider Repealing Chula Vista Municipal Code
Chapter 5.36, Massage Parlors and Holistic Health Practitioners, and
Replacing it with Chapter 5.36, Massage Regulation
Police Captain Foxx gave a presentation on the item and responded to questions
of the Council.
Moved by Councilmember Preciado
Seconded by Deputy Mayor Cardenas
To place the above ordinance on first reading, heading read, text waived. The
motion was carried by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember
Preciado, and Mayor McCann
Result, Carried (4 to 0)
2023/01/17 City Council Post Agenda Page 13 of 501
2022-12-20 City Council Regular Meeting Minutes
Page 5
Item 6.2 heading:
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 5.36,
MASSAGE PARLORS AND HOLISTIC HEALTH PRACTITIONER BUSINESS,
AND REPLACING IT WITH CHAPTER 5.36, MASSAGE REGULATION (FIRST
READING)
6.3 Declare Vacancies for District 3 City Councilmember and City Attorney Seats,
Determine Whether to Fill District 3 Councilmember Vacancy by Appointment
or by Calling a Special Election, Call a Special Election for City Attorney
Vacancy, & Related Actions
City Clerk Bigelow gave a presentation on the item and responded to questions
from the Council. She announced that revised resolutions had been distributed to
the City Council and that action on the resolutions would be with respect to the
revised documents.
Alan C. spoke in opposition to an all-mail ballot election.
The following members of the public spoke in support of calling a special election
to fill the District 3 City Councilmember vacancy:
Cheryl Perez, Chula Vista resident
Daniel Rice, Chula Vista resident, and he also distributed written
communications.
Anna
Eli Komai spoke in support of calling a special election to fill the District 3 City
Councilmember vacancy, holding the election using the Vote Center model, and
holding the election in April 2023.
The following members of the public submitted written communications in support
of calling a special election to fill the District 3 City Councilmember vacancy:
Michael Gorski
Paula Whitsell
Delia Dominguez Cervantes
Council discussion ensued.
A majority of the Council spoke in support of filling the District 3 City
Councilmember vacancy by appointment and holding the special election using the
Vote Center model to fill the City Attorney vacancy on November 7, 2023.
City Clerk Analyst Hernandez spoke regarding the appointment process to fill the
District 3 City Councilmember vacancy and solicited feedback from the City
Council.
There was a consensus of the Council to require applicants to submit a completed
application, a two-page resume, and a one-page biography as part of the initial
application. The Council further directed that an economic disclosure form be
submitted by individuals who were invited to interview.
2023/01/17 City Council Post Agenda Page 14 of 501
2022-12-20 City Council Regular Meeting Minutes
Page 6
Moved by Councilmember Preciado
Seconded by Deputy Mayor Cardenas
To adopt Resolution No. 2022-285 heading read, text waived. The motion carried
by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember
Preciado, and Mayor McCann
Result, Carried (4 to 0)
Item 6.3 heading:
RESOLUTION NO. 2022-285 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLARING THE VACANCY OF THE OFFICE OF DISTRICT 3 CITY
COUNCILMEMBER AND DECLARING ITS INTENTION TO APPOINT A PERSON
TO FILL THE VACANT SEAT.
Moved by Mayor McCann
Seconded by Councilmember Preciado
To adopt Resolution No. 2022-286, and call the special election to be held on
November 7, 2023, heading read, text waived. The motion carried by the following
vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember
Preciado, and Mayor McCann
Result, Carried (4 to 0)
RESOLUTION NO. 2022-286 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLARING THE VACANCY OF THE CITY ATTORNEY; CALLING A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7,
2023, FOR THE ELECTION OF A CITY ATTORNEY TO FILL THE VACANCY
PURSUANT TO CHULA VISTA CHARTER SECTIONS 503(G) AND 303(C)(2);
REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO
PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION; AND
AUTHORIZING THE CITY CLERK OR HER DULY APPOINTED AUTHORIZED
AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR THE
ELECTION.
Moved by Mayor McCann
Seconded by Councilmember Preciado
To adopt Resolution No. 2022-287, heading read, text waived. The motion carried
by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember
Preciado, and Mayor McCann
Result, Carried (4 to 0)
2023/01/17 City Council Post Agenda Page 15 of 501
2022-12-20 City Council Regular Meeting Minutes
Page 7
RESOLUTION NO. 2022-287 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE STATEMENTS TO THE ELECTORATE AT THE
SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 2023.
Mayor McCann recessed the meeting at 7:16 p.m. The Council reconvened at 7:29
p.m., with all members present.
7. CITY MANAGER’S REPORTS
City Manager Kachadoorian spoke regarding upcoming projects and the future of the
City.
8. MAYOR’S REPORTS
Mayor McCann thanked City staff for their great efforts and extended holiday greetings.
8.1 Appointment of Deputy Mayor
Mayor McCann thanked Councilmember Cardenas for serving as the Deputy
Mayor.
Moved by Mayor McCann
Seconded by Deputy Mayor Cardenas
To appoint Councilmember Preciado as Deputy Mayor beginning in 2023. The
motion carried by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember
Preciado, and Mayor McCann
Result, Carried (4 to 0)
8.2 Appointment of City Councilmembers to San Diego Association of
Governments (SANDAG)
The following individuals spoke in support of Mayor McCann being selected as the
primary SANDAG representative:
Alan Curry
Daniel Rice
Anna
Eli Komai
Gretchen Newsom, representing IBEW 569, spoke in support of Councilmember
Cardenas or Chavez being selected as the primary SANDAG representative.
The following individuals submitted written communication in support of Mayor
McCann being selected as the primary SANDAG representative:
Delia Dominguez Cervantes
Michael Gorski
Paula Whitsell
David Stucky
2023/01/17 City Council Post Agenda Page 16 of 501
2022-12-20 City Council Regular Meeting Minutes
Page 8
Mayor McCann expressed interest in serving as the primary representative for
SANDAG.
Mayor McCann moved to appoint himself as the primary SANDAG representative,
Councilmember Cardenas as the 1st Alternate on SANDAG, Councilmember
Chavez as the 2nd Alternate on SANDAG and the Bayshore Bikeway Committee
representative, and Councilmember Preciado as the Shoreline Preservation
Working Group representative. The motion failed due to lack of second.
Mayor McCann made an alternate motion to appoint Councilmember Cardenas as
the primary SANDAG representative, himself as the 1st Alternate on SANDAG;
Councilmember Chavez as the 2nd Alternate on SANDAG and the Bayshore
Bikeway Committee representative, and Councilmember Preciado as the Shoreline
Preservation Working Group representative. The motion failed due to lack of
second.
Moved by Councilmember Preciado
Seconded by Councilmember Chavez
To appoint Councilmember Cardenas as the primary SANDAG representative,
Councilmember Chavez as the 1st Alternate on SANDAG, and himself as the 2nd
Alternate on SANDAG. The motion carried by the following vote:
Yes (3): Deputy Mayor Cardenas, Councilmember Chavez, and Councilmember
Preciado
No (1): Mayor McCann
Result, Carried (3 to 1)
Moved by Mayor McCann
Seconded by Councilmember Preciado
To appoint Councilmember Cardenas as the SANDAG Bayshore Bikeway
Committee member. The motion carried by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember
Preciado, and Mayor McCann
Result, Carried (4 to 0)
Moved by Councilmember Preciado
Seconded by Councilmember Chavez
To appoint Mayor McCann as the SANDAG Shoreline Preservation Working Group
member. The motion carried by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Chavez, Councilmember
Preciado, and Mayor McCann
Result, Carried (4 to 0)
2023/01/17 City Council Post Agenda Page 17 of 501
2022-12-20 City Council Regular Meeting Minutes
Page 9
8.3 Solicit Input and Interest for Appointment of City Councilmembers to Outside
Agencies
Eli Komai spoke in opposition to the Council having representatives on the
International Council for Local Environmental Initiatives (ICLEI).
Council discussion ensued regarding Councilmembers’ interest in appointments to
outside agencies
9. COUNCILMEMBERS’ COMMENTS
Councilmember Cardenas thanked the Council for her appointment as the primary
representative to SANDAG and extended holiday greetings.
Councilmember Chavez thanked the public for their participation in the meeting and
extended holiday greetings.
Councilmember Preciado spoke regarding the future of the City and extended holiday
greetings.
10. CITY ATTORNEY'S REPORTS
City Attorney Googins thanked staff, outside counsel, and the City Council for their work
on the elected official vacancy item on this agenda. He also announced an upcoming
AB1234 Ethics training.
11. ADJOURNMENT
The meeting was adjourned at 8:30 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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v . 0 03 P a g e | 1
December 20, 2022
ITEM TITLE
Massage Regulation: Consideration of Repealing Chula Vista Municipal Code Chapter 5.36, Massage Parlors
and Holistic Health Practitioners, and Replacing it with Chapter 5.36, Massage Regulation
Report Number: 22-0322
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 an ordinance repealing Chula Vista Municipal Code Chapter 5.36, Massage Parlors and Holistic Health
Practitioners, and replace it with the proposed new version of Chapter 5.36, Massage Regulation (First
Reading)
SUMMARY
The Police Department is requesting approval of an updated ordinance that requires state certification of
massage technicians.
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.
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DISCUSSION
The Police Department recognizes that massage therapy offers valuable health and therapeutic benefits. The
Department further recognizes that unless properly regulated, the practice of massage therapy and the
operation of massage businesses may be susceptible to unlawful activity, such as human trafficking,
prostitution, and money laundering.
The Police Department is recommending that Chapter 5.36 of Chula Vista Municipal Code, Massage Parlors
and Holistic Health Practitioner Businesses, be repealed and replaced to reflect updates in state law and to
require that those who provide massage for compensation in Chula Vista be certified by the California
Massage Therapy Council (CAMTC). Certification promotes professional massage and discourages the abuse
of massage as a front for unlawful activities.
The CAMTC was established in the Massage Therapy Act (Act). (Cal. Business and Professions Code section
4600 et seq.) The CAMTC is a non-profit organization that establishes professional standards, approves
massage school programs and provides a voluntary certification process for massage professionals. CAMTC
certification is the only credential for massage professionals recognized by state law. The CAMTC certificate,
valid for two years, allows a massage professional to work anywhere in California and is often required by
employers. Although a CAMTC certificate is voluntary and is not required by state law in order to practice
massage in California, many cities and counties require CAMTC certification. For certification, a person must
be 18 years old, complete 500 hours of study from an approved school and pass a backgrounds check, which
includes fingerprinting for criminal convictions. The CAMTC may investigate consumer complaints against
certified massage professionals and take action, such as suspending or revoking a certificate, when
appropriate. The CAMTC may also suspend or revoke a certificate based on unlawful activity such as
prostitution.
Although CAMTC certifies massage therapists, it does not regulate the business of providing massage. The
Act expressly authorizes cities to impose and enforce reasonable and necessary fees and regulations on
massage businesses. (Cal. Bus. & Prof. 4603.1). Additionally, state law authorizes cities to regulate massage
businesses, with some limitations (Cal. Government Code section 51030 et seq.), to license massage
businesses for revenue purposes (Cal. Government Code section 37101), and to regulate for protection of the
public’s health, safety and welfare as part of a city’s police power. (Section 7 of Article XI of the California
Constitution.)
The Police Department administers the City’s massage regulations, which requires massage businesses to
have a department-issued permit. There are currently 23 massage businesses permitted by the Police
Department. Through quarterly inspections and proactive investigation, the Department has enforced
prostitution and drug laws and encountered evidence of human trafficking, such as employees running out
of the building when officers identified themselves and individuals living at the massage business.
CAMTC Review: At the Department’s request, the CAMTC reviewed and approved the proposed ordinance.
Community Outreach: The Department provided the proposed ordinance to the City’s 23 massage business
permittees and invited comment. As of the submittal of this staff report, the Department has not received
any feedback from a business.
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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
There is no current-year fiscal impact to approving the Police Department’s request to consideration of
Ordinance of the City of Chula Vista repealing Chapter 5.36, Massage Parlors and Holistic Health
Practitioners, and replacing it with Chapter 5.36, Massage Regulation.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
Attachment 1: Proposed new Municipal Code Chapter 5.36, Massage Regulation
Attachment 2: Redline-strikeout version of the proposed repealed Chapter 5.36, Massage Regulation
Attachment 3: Current Municipal Code to be repealed and replaced
Attachment 4: Letter sent to each massage or spa business in Chula Vista
Staff Contact: Captain Miriam Foxx, Police Department
2023/01/17 City Council Post Agenda Page 21 of 501
SECOND READING AND ADOPTION
C:\Program Files\eSCRIBE\TEMP\120217632\120217632,,,Ordinance.doc
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
CHAPTER 5.36, MASSAGE PARLORS AND HOLISTIC
HEALTH PRACTITIONER BUSINESS, AND REPLACING IT
WITH CHAPTER 5.36, MASSAGE REGULATION
WHEREAS, the City’s massage regulations were last updated in 2014; and
WHEREAS, revision is needed to reflect changes in California state law regulating
massage therapy.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.
Chapter 5.36, Massage Parlors and Holistic Health Practitioner Businesses, is hereby repealed in
its entirety and replaced with Chapter 5.36, Massage Regulation.
5.36.010 Title for citation.
This Chapter may be cited as the “Chula Vista Massage Regulation Ordinance.”
5.36.020 Purpose and Intent.
It is the purpose and intent of this Chapter to provide for the orderly regulation of massage
businesses and massage technicians in the City of Chula Vista in the interest of public health,
safety and welfare. The City wishes to support the ethical practice of massage therapy as a
healing art and to prevent and discourage the misuse of massage therapy as a front for illegal
activity such as prostitution, human trafficking and sex crimes, as defined in the California Penal
Code.
This Chapter relies upon the State of California certification process of massage professionals
through the California Massage Therapy Council, pursuant to the Massage Therapy Act,
California Business and Professions Code Sections 4600 et seq. This Chapter is adopted under
the authority of California Government Code Sections 37101 and 51030 through 51034, which
allows local jurisdictions to enforce zoning and business licensing requirements for massage
businesses, as well as reasonable health and safety requirements that are not in conflict with the
Act; Californian Business and Professions Code Sections 460(c) and 16000; and the California
Constitution Article XI, Section 7.
5.36.030 Definitions.
Whenever in this Chapter the following words and phrases are used, they shall mean:
A. “California Massage Therapy Council” (CAMTC) means the non-profit organization
created by the State of California, pursuant to the California Business and Professions Code 4600
et seq., to regulate the massage industry.
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B. “CAMTC Certificate” means a current, valid and authentic certificate issued by the
CAMTC to a Massage Technician.
C. “Chief of Police” means the Chief of the Chula Vista Police Department or authorized
designee.
D. “City” means the City of Chula Vista municipal corporation.
E. “City Manager” means the City Manager of the City of Chula Vista or authorized
designee.
F. “Hearing officer” means any person appointed by the City Manager to preside over
administrative hearings provided by this Chapter.
G. “Holistic health practitioner” means a non-medical or other health care therapist who uses
acupressure (excluding acupuncture) or a massage specialty and therapeutic approach in care for
clients and who is not licensed by the State of California.
H. “Massage” or “massage therapy” or “massage services” means any method of pressure
on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating of, the external parts of the body with the hands or other parts of the body for
therapeutic purposes. Examples of massage include, but are not limited to, Swedish massage,
sports massage, shiatsu, rolfing, heller work, and reflexology.
I. “Massage business” or “massage establishment” means a business or organization where
an individual, firm, association, partnership, corporation or other combination of individuals
provide, offer, sell, deliver, or dispense massage as a distinct service for compensation. Home-
based massage businesses and businesses that provide off-premises massage services are also
considered to be massage businesses.
J. “Massage business permit” means a regulatory license issued by the Chief of Police upon
submission of satisfactory evidence as required in this Chapter that a massage business employs
or uses only massage technicians possessing valid and current state certifications and has
satisfied all other requirements pursuant to this Chapter.
K. “Massage technician” means any person who gives or administers to another person, for
any form of compensation, a massage as defined in this Chapter. The terms “massage therapist,”
“massage practitioner,” “masseuse,” or any other terms used within the massage industry are
included within this definition for the purposes of this Chapter. “Massage technician” also
includes “holistic health practitioner” as defined in Subsection F.
L. “Off-premises massage service” or “outcall massage service” means the engaging in or
carrying out of massage therapy for compensation at locations other than at a fixed place of
business.
M. “Operator” or “manager” means any person, who operates, supervises, manages, directs,
organizes, controls or in any other way is responsible for, or is in charge of, the daily operation,
2023/01/17 City Council Post Agenda Page 23 of 501
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conduct or activities of a massage establishment. “Operator” also includes “holistic health
practitioner” as defined in Subsection F.
N. “Owner” means any of the following individuals: 1) the sole practitioner of a sole
proprietorship operating a massage business; 2) any general partner of a general or limited
partnership that owns a massage business; 3) any person who has a ten (10) percent or greater
ownership interest in a corporation that owns a massage business; 4) any person who is a
member of a limited liability company that owns a massage business; 5) all owners of any other
type of business entity that owns a massage business; 6) any person identified as an owner on the
massage business permit.
O. “Person” means any natural person, individual, group, firm, association, partnership,
corporation, company, sole proprietorship, trust or any other entity which is recognized by law as
the subject of rights or duties.
P. “Specified anatomical areas” means any of the following areas of the human body: pubic
region, human genitals, perineum, anal region, and the areas of the female breast that include the
areola and nipple.
5.36.040 California Massage Therapy Council certification and City business license
required.
A. It is unlawful for any person to perform massage services in Chula Vista as a massage
technician, whether as full-time, part-time or temporary status, as an employee, sole
practitioner, or independent contractor of a massage business, or in any other capacity,
without a valid practitioner certification issued by the CAMTC.
B. A CAMTC massage practitioner certificate does not authorize the operation of a massage
establishment. Any person who desires to operate a massage establishment must apply to
the City for business license and to the Chief of Police for a massage business permit.
5.36.050 Massage business permit required.
A. It is unlawful for any person to own, maintain, manage or operate in or any premises a
massage business within the city without a valid massage business permit issued by
the Chief of Police as provided by this Chapter. A massage business permit also is
required of any permanent or semi-permanent seated massage or reflexology
installation.
5.36.060 Massage business permit application.
A. Application. An application for a massage business permit to the Chief of Police shall be
filed on a form provided by the City and shall be signed and submitted under penalty of
perjury.
B. Fee. A permit application fee is required. The application fee, which is non-
refundable, shall be set by resolution of the City Council of the City of Chula Vista and shall be
reflected in the City’s Master Fee Schedule.
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C. Approval or denial. The Chief of Police shall issue a massage business permit to operate
in the City’s jurisdiction to any massage business that demonstrates the following:
1. The business complies with all applicable building, zoning, fire safety, land use,
health safety, state and federal laws.
2. The business uses only massage technicians who possess a current, valid and
authentic CAMTC certificate.
3. The owner and operators of the massage business have provided all required
information required by this Chapter; have not failed to reveal any fact material to
qualification; and have not supplied information that is untrue or misleading as to a
material fact pertaining to qualification criteria.
4. The background check for any owner or operator authorized by this Chapter
shows that any such individual has not been required to register under the provisions
of California Penal Code section 290 (sex offender registration); has not been
convicted of a violation of Penal Code section 266(h) pimping, 266(i) pandering, 315
or 316 keeping or residing in a house of prostitution, 647(a) soliciting or engaging in
lewd conduct in public, 647(b) soliciting or engaging in prostitution, or 415,
disturbing the peace when substituted for one of the previously listed offenses; has
not been convicted of any felony drug-related offense involving a controlled
substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057
or 11058; has not been convicted of any act involving theft, dishonesty, fraud, deceit
or moral turpitude; has not been convicted in another State of any offense which, if
committed in this State, would have been punishable as one or more of the
aforementioned offenses; has not had an individual or business permit, certificate or
license with any agency, board, city, county, territory or State denied, revoked,
restricted or suspended within the last ten years; and has not been subject to an
injunction for nuisance under Penal Code section 11225 through 11235 (red light
abatement) within the last ten years.
5. The Chief of Police may deny a massage business permit application, or renewal
application, to any massage business that fails to demonstrate compliance with the
foregoing requirements. An applicant may appeal a denial pursuant to 5.36.140.
6. Term. A massage business permit is valid for one year.
7. Transfer. A massage business permit issued by the Chief of Police shall not be
transferred, sold or assigned to any other Person or entity, except with the prior
written permission of the Chief of Police. A written request for such transfer shall
contain the same information for the new ownership as is required on an application
for a new massage business permit. No massage business permit that has been
suspended or revoked shall be transferred to any other Person or entity for five years
from the date of such suspension or revocation. Any such transfer, sale or assignment,
or attempted transfer, sale or assignment in violation of this Chapter is hereby
declared invalid and the permit shall become void effective on the date of such
transfer, sale or assignment or attempted transfer, sale or assignment.
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8. Change of location. A change of location of a permitted massage business shall
be approved by the Chief of Police provided the massage business and the new
location are in compliance with all applicable local, State and Federal laws.
9. Change of personnel. An owner or operator shall submit to the Chief of Police an
updated list pursuant to Section 5.36.050.A.7 within (seven) 7 days of any change to
the list.
5.36.070
Massage business operating requirements.
A. CAMTC certificate to City. No owner or operator shall operate a massage business unless
a copy of a current and valid CAMTC certificate first has been provided to the City for
each massage technician performing massage services.
B. Compliance period for CAMTC certificate. Within six months of the effective date of
this ordinance, an applicant for an initial Massage Businesses Permit or for renewal of a
current, valid Massage Business Permit, pursuant to Section 5.36.050, shall demonstrate
compliance with Subsection A by providing the City with a current and valid CAMTC
certificate for each massage technician performing massage services at the business.
C. CAMTC certificate posted. No owner or operator shall operate a massage business unless
an original CAMTC certificate for each massage technician performing massage is
posted on the business premises in public view.
D. CAMTC identification carried at all times. No owner or operator shall operate a massage
business, unless an original CAMTC-issued identification card or badge is carried by
each massage technician while providing massage services.
E. Owner or operator on site. An owner or operator of a massage business shall be
physically present on the business premises at all times during all hours of operation.
F. Hours of operation. A massage business may be open for business only between the
hours of 6:00 a.m. to 10:00 p.m. No massage services may be offered or performed
between 10:00 p.m. and 6 a.m.
G. List of services posted.
1. A list of the services available and the costs of such services shall be posted in an open
and conspicuous public place on the premises of a massage business. The services shall
be described in English.
2. An outcall massage business operator shall provide a list of services available and the
costs of such services to a patron upon request.
H. Only listed services may be provided. No owner or operator shall permit to be offered or
performed, and no massage technician shall offer or perform, any service other than those
posted on the list of available services. Nor shall any owner, operator or massage
technician request or charge a fee for any service other than those listed on the list of
available services.
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I. Interior doors unlocked. No owner, operator or massage technician shall lock any
interior door or doors leading to a room used to provide massage when a massage is
being performed. A patron may lock any door when alone in a room at any time.
J. Massage log. An owner or operator must maintain a record of services provided for each
treatment. The record of treatment shall include the name and address of the patron, the
name of the massage technician, the name of the owner or operator present, the type of
service provided, and the time the service began and ended. Such records shall be
maintained on the premises of the massage business for at least two years and shall be
immediately available for inspection and copying by City inspectors during business
hours.
K. External door unlocked. The door to the main entrance of the premises of a massage
business shall be unlocked during business hours unless the business is owned by one (1)
individual with one or no employees or independent contractors.
L. Professional attire or uniform required. During business hours, each owner, operator and
massage technician must wear professional attire or a uniform based on the custom and
practice of the massage industry in California. The attire shall be made of nontransparent
material and may not expose any specified anatomical areas, as defined in Section
5.36.030.O. Swimwear, lingerie or undergarments may not be used as a uniform or be
displayed as part of a uniform.
M. No residential, sleeping use. No massage business premises shall be used for residential
or sleeping purposes. No owner or operator shall permit any Person, including an owner,
operator or massage technician to reside on the business premises.
N. No drugs or alcohol. The sale, service, or consumption of an alcoholic beverage or any
marijuana product at a massage business, or in connection with the performance of
massage services, is prohibited.
O. No audio or video recording. Audio and/or video recording of, or the monitoring of, the
patron, the massage technician or the massage therapy is prohibited, without the prior
written consent of the patron.
P. No adult-oriented merchandise. The display, use or possession of any adult-oriented
merchandise, including but not limited to sex toys and condoms, is prohibited in any part
of a massage business.
Q. Specified anatomical areas.
1. No owner or operator shall permit any person to massage or intentionally touch
the specified anatomical areas, as defined in this Chapter, of another person while
performing massage at the permitted establishment, regardless of whether the
touching is over or under the patron’s clothing or other covering.
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2. No owner, operator or massage technician shall enter any area that is used by a
patron, unless the patron’s specified anatomical areas are covered.
R. No sexual activit y. No owner, operator or massage technician shall engage in or permit
sexual activity of any kind at the massage business.
S. Failure to supervise. Any owner and operators shall be responsible for the conduct of
their massage technicians. A violation of any provision of this Chapter or California
Business and Professions Code 4609, as from time to time may be amended, by a
massage technician shall be prima facie evidence of the failure to supervise.
T. Application to off premises massage. Subdivisions B, D, F.1, H, J and L in this section
do not apply to off-premises massage businesses.
5.36.080
Minimum premises requirements
No person shall engage in, carry on, perform massage services, or permit to be engaged in,
conducted, carried on massage services at a massage business located in a fixed premises in the
City’s jurisdiction, unless all of the following minimum requirements are met:
A. Signage. A recognizable and legible sign complying with the City’s sign regulations
shall be posted at the main entrance.
B. Lighting. A minimum lighting consisting of at least one artificial light of 40 watts or
lumens, or higher, shall be provided and shall be operating in each room or enclosure
where massage services are being provided and in all areas accessible by clients.
C. Dressing room, locker, secured area to deposit valuables. Dressing rooms, lockers and a
secured place for the protection of valuable shall be provided for patrons.
D. Lavatories. Lavatories with hot and cold running water, soap, and single service towels
in a wall-mounted dispense shall be provided for patrons.
E. Washbasin for employee and/or patron use. A minimum of one washbasin shall be
provided for employee and/or patron use with hot and cold running water, soap, and
single service towels in a wall-mounted dispenser.
F. Ventilation. Minimum ventilation shall be provided in accordance with the City’s
building codes.
G. Linens. Towels, sheets, and linens of all types shall be clean and freshly laundered.
Towels, clothes and sheets shall not be used by more than one person unless the same has
first been laundered. Heavy paper may be substituted for sheets provided that such paper
shall not be used by more than one person and shall be discarded in a sanitary receptacle
after each use.
H. Storage cabinets. Towels, sheets and linens of all types shall be stored in cabinets.
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I. Massage table pads. Pads used on massage tables shall be covered with durable washable
plastic or other acceptable waterproof material.
J. Sterilized instruments. Disinfecting agents and sterilizing equipment measures approved
by the Health Department shall be provided and used for any instruments used to perform
massage.
5.36.090
Massage technician requirements.
A. CAMTC certificate required. It is unlawful for any person to give, provide or administer
to another person for any form of consideration a massage as defined in this Chapter
at a massage business in the City without a valid CAMTC certificate.
B. Compliance period for CAMTC certificate. Within six months of the effective date of
this ordinance, massage technicians must have a valid CAMTC certificate.
C. No services unless listed. It is unlawful for a massage technician to provide any service
not specifically listed on the massage establishment’s posted list of services.
D. No removal of clothing. It is unlawful for a massage technician to remove any article of
the massage business uniform or any other article of clothing while providing any massage
service.
E. Specified anatomical areas.
1. It is unlawful for a massage technician to provide massage when any specified
anatomical area of either the patron or the massage technician is exposed while
performing massage at the permitted business.
2. It is unlawful for a massage technician to touch the specified anatomical area of a
patron while performing massage at the permitted establishment, regardless of
whether the touching is over or under the patron’s clothing or other covering.
F. Sexual activity, advertising, fraudulent activity in massage service prohibited. It is a
violation of this Chapter for a massage technician to engage in any unprofessional conduct as
defined in California Business and Professions Code section 4609, as that section from time to
time may be amended.
5.36.100 Advertising.
A. All advertising to perform massage by any massage technician with the City’s
jurisdiction shall include the name under which the massage technician is certified by
the CAMTC and their CAMTC certificate number. This requirement shall apply to
any and all types of advertising, including but not limited to, business cards, written
pamphlets, social media, and internet sites, including online bulletin boards.
B. All advertising to perform massage at any massage business within the City’s jurisdiction
shall include the name of the massage business and the City business license number.
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This requirement shall apply to any and all types of advertising, including but not
limited to business cards, written pamphlets, social media, and internet sites,
including online bulletin boards.
C. No person, massage technician, owner or operator shall engage in sexually suggestive
advertising, including sexually suggestive photographs and language, related to
massage services.
D. No person, massage technician, owner or operator shall place, publish, distribute, or
cause to be placed, published or distributed, any advertising matter related to
performing any service that is prohibited by this Chapter or by any provision of state
or federal law.
5.36.110 Inspection.
A. The investigating officials of the City, which includes but is not limited to police officers,
code enforcement officers, and fire safety officers, shall have the right as otherwise provided by
law to enter the premises of a massage business, including any room not being used for a
massage, from time to time during regular business hours for the purpose of making a reasonable
inspection to enforce compliance with this Chapter.
B. The investigating officials of the City shall, at least four times per 12-month period,
inspect each massage business in the City for the purpose of determining compliance with this
Chapter.
5.36.120 Off-premises massage.
A. It is unlawful for any persons to engage in or operate an off-premises massage business
without a massage business permit.
5.36.130 Violations, Penalties.
A. It shall be unlawful for any person to violate any provision or fail to comply with the
requirements of this chapter or any regulation adopted hereunder. Each day that a violation
continues is deemed to be a new and separate offense.
B. Any person violating any of the provisions or failing to comply with any of the
requirements of this chapter or any regulation adopted hereunder shall be guilty of a
misdemeanor punishable by a fine of not more than $1,000 or imprisonment for a period of not
more than six months, or by both a fine and imprisonment. No proof of knowledge, intent, or
other mental state is required to establish a violation. At the sole discretion of the City
Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an
infraction.
C. Any condition caused or allowed to exist in violation of any of the provisions of this
chapter or any regulation adopted hereunder is a public nuisance. Such violation may be abated
by the City, or by the City Attorney on behalf the people of the state of California, as a nuisance
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in any manner provided for in this code, including summary abatement, or otherwise provided by
law or equity, including a restraining order, injunction, or any other order or judgment in law or
equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the
people of the state of California, may seek injunctive relief to enjoin violations of, or to compel
compliance with, this chapter or seek any other relief or remedy available at law or equity,
including the imposition of monetary civil penalties. All expenses incurred by the City in
connection with any action to abate a public nuisance will be chargeable as authorized by law to
the person(s) creating, causing, committing, or maintaining the public nuisance.
D. A City employee may issue administrative citations or civil penalties in accordance with
Subsection I in this Section for violation of any of the provisions of this chapter or any regulation
adopted hereunder. When a violation occurs, it is not required that a warning or notice to cure
must first be given before an administrative citation or civil penalty may be issued. Any report
where the City's Police Department has concluded that a violation of this chapter has occurred
may be considered by the City for review, processing and issuance of an administrative citation
or civil penalty.
E. Each criminal citation or complaint, administrative citation, and civil penalty issued for a
violation of any provision of this chapter may be issued, levied, or assessed against one or more
of: the owner, the permittee, operator, massage technician, and any other person who caused,
created, committed, or maintained the violation.
F. A violation of any provision of this chapter by any owner, permittee, operator, massage
technician or any other person shall constitute grounds for modification, denial, suspension or
revocation of the massage business permit.
G. The Chief of Police or designee may deny, suspend or revoke a massage business permit
for any violation of this chapter. A change of ownership shall have no effect on the accumulation
of violations against the massage business.
The City may issue an administrative citation or civil penalty for any violation of this chapter as
follows:
1. First offense — not to exceed one hundred dollars $100.00;
2. Second offense within any continuous period of twelve (12) consecutive months
— not to exceed five hundred dollars ($500.00);
3. Third and fourth offenses within any continuous period of twelve (12)
consecutive months — not to exceed one thousand dollars ($1,000.00);
4. Fifth and subsequent offenses within any continuous period of twelve (12)
consecutive months — not to exceed three thousand ($3,000.00).
H. Whenever in this chapter any act or omission is made unlawful, it shall include causing,
aiding, abetting, suffering, or concealing the fact of such act or omission.
I. The remedies specified in this section are cumulative and in addition to any other
remedies available under state or local law for violation of this code.
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5.36.140 Procedure for Imposition of Modification, Denial, Suspension and/or
Revocation of Massage Business Permit.
A. In addition to any other penalty authorized by law, a massage business permit may be
denied, modified, suspended, or revoked for any violation of this chapter or federal, state, or
local law in accordance with the provisions of this section.
B. The Chief of Police shall have the authority to modify a massage business permit to
impose additional conditions or amend existing terms or conditions in the event of any violation
of any condition of the permit or any violation of this chapter or federal, state, or local law.
C. Any modification of conditions or denial, suspension or revocation of a massage business
permit shall be in accordance with the following procedures.
1. The Chief of Police shall conduct an investigation whenever they have reason to
believe that an owner, permittee, operator, massage technician or other person is in
violation of, or has failed to comply with, any condition of the massage business permit,
any requirements of this chapter or any federal, state, or local law.
2. Should the investigation reveal substantial evidence to support a finding that a
violation occurred, the Chief of Police shall issue a written notice of intention to deny,
modify, suspend and/or revoke the permit. The written notice shall be served on the
responsible person, shall specify the facts which, in the opinion of the Chief of Police,
constitute substantial evidence to establish grounds for modification, denial, suspension
and/or revocation, and state that the permit will be modified, denied suspended or
revoked within thirty (30) calendar days from the date the notice is given unless the
owner or permittee aggrieved by the Chief of Police’s decision files with the City
Manager a request for an administrative hearing to appeal the decision pursuant to
Section 5.36.150. All reports and exhibits supporting the violation and intended to be
used as evidence by the City at the hearing must be included with the written notice.
5.36.150 Appeal Procedures.
A. Any affected person(s) may appeal a decision of the Chief of Police imposing a fine or
modifying, denying, suspending, or revoking a Massage Business Permit to the City Manager
within ten (10) calendar days from the date the notice is given. Said appeal shall be in writing
and filed with the City Manager upon forms provided by the Police Department and shall specify
therein that the decision of the Chief of Police was in error and identify the facts and
circumstances on which the claim of error is based. If an appeal is filed within the time limit
specified, it shall automatically stay proceedings in the matter until a determination is made by
the City Manager. The City Manager shall set the matter for hearing before a hearing officer
appointed by the City Manager at the soonest date convenient to the appellant. The City shall
notify the parties in writing of the date and location of the hearing at least ten (10) business days
prior to said date.
B. The fee to request an appeal pursuant to this Chapter shall be in the form of a deposit, the
amount to be determined by the City Manager in accordance with any applicable law based on
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the anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceeds the
deposited amount, the requesting party shall be responsible for payment of the additional costs
incurred. If the hearing officer determines that the violation is not supported by the evidence, the
entire deposited amount will be returned to the party that requested the appeal. The appeal
hearing shall be conducted pursuant to Sections 1.30.090 and 1.30.100 and 1.40 of this Code.
5.36.160 Effect of Massage Regulation Ordinance on other Provisions of the Code.
The issuance of any permit pursuant to this Chapter shall not relieve the Owner of the obligation
to comply with all other provisions of this code, including but not limited to zoning, building,
land use, and fire safety.
5.36.170 Promulgation of Regulations, Standards, and Other Legal Duties.
A. In addition to any regulations adopted by the City Council, the City Manager or designee
is authorized to establish, consistent with the terms of this chapter, any additional administrative
rules, regulations and standards governing the issuance, denial or renewal of massage business
permits and any other subject determined to be necessary to carry out the purposes of this
chapter.
B. Regulations shall be published on the City’s website and maintained and available to the
public in the Office of the City Clerk.
C. Regulations promulgated by the City Council or the City Manager shall become effective
and enforceable upon date of publication on the City’s website or, with respect to existing
permitted massage businesses, upon the date specified in a written notice to Permittees by the
City.
5.36.180 Reapplication after denial or revocation of massage business permit.
If a massage business permit is denied or revoked as a result of violation(s) of this Chapter or
state or federal laws, no massage business permit may be issued to the applicant, or to another
applicant for a massage business at the same location, for a period of five (5) years from the date
of denial or revocation.
5.36.190 Exemptions.
A. Persons holding an active and valid certificate or license to practice the healing arts under
the laws of the State of California and their employees and contractors who are working under
the direct on-site supervision of licensed providers such as, but not limited to, holders of medical
degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, physical
therapists, registered nurses, and licensed vocational nurses, when practicing the healing arts
within the scope of, and incidental to, an applicable license.
B. State-licensed hospitals, nursing homes, sanitariums, physiotherapy businesses or other
state-licensed physical or mental health facilities and their employees or independent contractors.
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Approved schools of massage and their students in training, provided such students provide
massage therapy only under the direct personal supervision of an instructor. Such instructor must
be physically present on the establishment premises while the massage is being administered.
C. Barbers and cosmetologists who are licensed under the State of California, providing
massage therapy within the scope of, and incidental to, their licenses, provided that such massage
therapy is limited solely to the neck, face, scalp, feet, lower limbs up to the knees, and hands and
arms of their clients.
D. Athletic trainers employed by a professional or semi-professional athlete or athletic team,
or athletic trainers hired by a local, state, or federal government agency, or the Chula Vista Elite
Athlete Training Center, so long as such persons do not practice massage therapy as their
primary occupation at any location in the city.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
_____________________________________ ____________________________________
Roxana Kennedy Glen R. Googins
Chief of Police City Attorney
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Ch. 5.36 Massage Regulation | Chula Vista Municipal Code Page 1 of 12
Chapter 5.36
MASSAGE REGULATION
5.36.010 Title for citation.
5.36.020 Purpose and intent.
5.36.030 Definitions.
5.36.040 California Massage Therapy Council certification and City business license
required.
5.36.050 Massage business permit required.
5.36.060 Massage business permit application.
5.36.070 Massage business operating requirements.
5.36.080 Minimum premises requirements.
5.36.090 Massage technician requirements.
5.36.100 Advertising.
5.36.110 Inspection.
5.36.120 Off-premises massage.
5.36.130 Violations, Penalties.
5.36.140 Procedure for Imposition of Modification, Denial, Suspension and/or
Revocation of Massage Business Permit.
5.36.150 Appeal Procedures.
5.36.160 Effect of Massage Regulation Ordinance on other Provisions of the Code.
5.36.170 Promulgation of Regulations, Standards, and Other Legal Duties.
5.36.180 Reapplication after denial or revocation of massage business permit.
5.36.190 Exemptions.
5.36.010 Title for citation.
This Chapter may be cited as the “Chula Vista Massage Regulation Ordinance.”
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5.36.020 Purpose and Intent.
It is the purpose and intent of this Chapter to provide for the orderly regulation of massage
businesses and massage technicians in the City of Chula Vista in the interest of public health, safety
and welfare. The City wishes to support the ethical practice of massage therapy as a healing art and
to prevent and discourage the misuse of massage therapy as a front for illegal activity such as
prostitution, human trafficking and sex crimes, as defined in the California Penal Code.
This Chapter relies upon the State of California certification process of massage professionals
through the California Massage Therapy Council, pursuant to the Massage Therapy Act, California
Business and Professions Code Sections 4600 et seq. This Chapter is adopted under the authority
of California Government Code Sections 37101 and 51030 through 51034, which allows local
jurisdictions to enforce zoning and business licensing requirements for massage businesses, as well
as reasonable health and safety requirements that are not in conflict with the Act; California
Business and Professions Code Sections 460(c) and 16000; and the California Constitution Article
XI, Section 7.
5.36.030 Definitions.
Whenever in this Chapter the following words and phrases are used, they shall mean:
A. “California Massage Therapy Council” (CAMTC) means the non-profit organization created
by the State of California, pursuant to California Business and Professions Code 4600 et seq., to
regulate the massage industry.
B. “CAMTC Certificate” means a current, valid and authentic certificate issued by the CAMTC to
a Massage Technician.
C. “Chief of Police” means the Chief of the Chula Vista Police Department or authorized
designee.
D. “City” means the City of Chula Vista municipal corporation.
E. “City Manager” means the City Manager of the City of Chula Vista or authorized designee.
F. “Hearing officer” means any person appointed by the City Manager to preside over
administrative hearings provided by this Chapter.
G. “Holistic health practitioner” means a non-medical or other health care therapist who uses
acupressure (excluding acupuncture) or a massage specialty and therapeutic approach in care for
clients and who is not licensed by the State of California.
H. “Massage” or “massage therapy” or “massage services” means any method of pressure on,
or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of, the
external parts of the body with the hands or other parts of the body for therapeutic purposes.
Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu,
rolfing, heller work, and reflexology.
I. “Massage business” or “massage establishment” means a business or organization where
an individual, firm, association, partnership, corporation or other combination of individuals provide,
offer, sell, deliver, or dispense massage as a distinct service for compensation. Home-based
massage businesses and businesses that provide off-premises massage services are also
considered to be massage businesses.
J. “Massage business permit” means a regulatory license issued by the Chief of Police upon
submission of satisfactory evidence as required in this Chapter that a massage business employs or
uses only massage technicians possessing valid and current state certifications and has satisfied all
other requirements pursuant to this Chapter.
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K. “Massage technician” means any person who gives or administers to another person, for any
form of compensation, a massage as defined in this Chapter. The terms “massage therapist,”
“massage practitioner,” “masseuse,” or any other terms used within the massage industry are
included within this definition for the purposes of this Chapter. “Massage technician” also includes
“holistic health practitioner” as defined in Subsection F.
L. “Off-premises massage service” or “outcall massage service” means the engaging in or
carrying out of massage therapy for compensation at locations other than at a fixed place of
business.
M. “Operator” or “manager” means any person, who operates, supervises, manages, directs,
organizes, controls or in any other way is responsible for, or is in charge of, the daily operation,
conduct or activities of a massage establishment. “Operator” also includes “holistic health
practitioner” as defined in Subsection F.
N. “Owner” means any of the following individuals: 1) the sole practitioner of a sole
proprietorship operating a massage business; 2) any general partner of a general or limited
partnership that owns a massage business; 3) any person who has a ten (10) percent or greater
ownership interest in a corporation that owns a massage business; 4) any person who is a member
of a limited liability company that owns a massage business; 5) all owners of any other type of
business entity that owns a massage business; 6) any person identified as an owner on the
massage business permit.
O. “Person” means any natural person, individual, group, firm, association, partnership,
corporation, company, sole proprietorship, trust or any other entity which is recognized by law as the
subject of rights or duties.
P. “Specified anatomical areas” means any of the following areas of the human body: pub ic
region, human genitals, perineum, anal region, and the areas of the female breast that include the
areola and nipple.
5.36.040 California Massage Therapy Council certification and City business license required.
A. It is unlawful for any person to perform massage services in Chula Vista as a massage
technician, whether as full-time, part-time or temporary status, as an employee, sole
practitioner, or independent contractor of a massage business, or in any other capacity,
without a valid practitioner certification issued by the CAMTC.
B. A CAMTC massage practitioner certificate does not authorize the operation of a massage
establishment. Any person who desires to operate a massage establishment must apply to
the City for business license and to the Chief of Police for a massage business permit.
5.36.050 Massage business permit required.
A. It is unlawful for any person to own, maintain, manage or operate in or any premises a
massage business within the City without a valid massage business permit issued by the
Chief of Police as provided by this Chapter. A massage business permit also is required
of any permanent or semi-permanent seated massage or reflexology installation.
5.36.060 Massage business permit application.
A. Application. An application for a massage business permit to the Chief of Police shall be filed
on a form provided by the City and shall be signed and submitted under penalty of perjury.
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B. Fee. A permit application fee is required. The application fee, which is non-refundable,
shall be set by resolution of the City Council of the City of Chula Vista and shall be reflected in
the City’s Master Fee Schedule.
C. Approval or denial. The Chief of Police shall issue a massage business permit to operate in
the City’s jurisdiction to any massage business that demonstrates the following:
1. The business complies with all applicable building, zoning, fire safety, land use,
health safety, state and federal laws.
2. The business uses only massage technicians who possess a current, valid and
authentic CAMTC certificate.
3. The owner(s) and operator(s) of the massage business have provided all required
information required by this Chapter; have not failed to reveal any fact material to
qualification; and have not supplied information that is untrue or misleading as to a
material fact pertaining to qualification criteria.
4. The background check for any owner or operator authorized by this Chapter shows
that any such individual has not been required to register under the provisions of
California Penal Code section 290 (sex offender registration); has not been convicted of
a violation of Penal Code section 266(h) pimping, 266(i) pandering, 315 or 316 keeping
or residing in a house of prostitution, 647(a) soliciting or engaging in lewd conduct in
public, 647(b) soliciting or engaging in prostitution, or 415, disturbing the peace when
substituted for one of the previously listed offenses; has not been convicted of any felony
drug-related offense involving a controlled substance specified in Health and Safety
Code sections 11054, 11055, 11056, 11057 or 11058; has not been convicted of any act
involving theft, dishonesty, fraud, deceit or moral turpitude; has not been convicted in
another State of any offense which, if committed in this State, would have been
punishable as one or more of the aforementioned offenses; has not had an individual or
business permit, certificate or license with any agency, board, city, county, territory or
State denied, revoked, restricted or suspended within the last ten years; and has not
been subject to an injunction for nuisance under Penal Code section 11225 through
11235 (red light abatement) within the last ten years.
5. The Chief of Police may deny a massage business permit application, or renewal
application, to any massage business that fails to demonstrate compliance with the
foregoing requirements. An applicant may appeal a denial pursuant to 5.36.140.
6. Term. A massage business permit is valid for one year.
7. Transfer. A massage business permit issued by the Chief of Police shall not be
transferred, sold or assigned to any other Person or entity, except with the prior written
permission of the Chief of Police. A written request for such transfer shall contain the
same information for the new ownership as is required on an application for a new
massage business permit. No massage business permit that has been suspended or
revoked shall be transferred to any other Person or entity for five years from the date of
such suspension or revocation. Any such transfer, sale or assignment, or attempted
transfer, sale or assignment in violation of this Chapter is hereby declared invalid and the
permit shall become void effective on the date of such transfer, sale or assignment or
attempted transfer, sale or assignment.
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8. Change of location. A change of location of a permitted massage business shall be
approved by the Chief of Police provided the massage business and the new location are
in compliance with all applicable local, State and Federal laws.
9. Change of personnel. An owner or operator shall submit to the Chief of Police an
updated list pursuant to Section 5.36.050.A.7 within (seven) 7 days of any change to the
list.
5.36.070 Massage business operating requirements.
A. CAMTC certificate to City. No owner or operator shall operate a massage business unless a
copy of a current and valid CAMTC certificate first has been provided to the City for each
massage technician performing massage services.
B. Compliance period for CAMTC certificate. Within six months of the effective date of this
ordinance, an applicant for an initial massage businesses permit or for renewal of a current,
valid massage business permit, pursuant to Section 5.36.050, shall demonstrate compliance
with Subsection A by providing the City with a current and valid CAMTC certificate for each
massage technician performing massage services at the business.
C. CAMTC certificate posted. No owner or operator shall operate a massage business unless
an original CAMTC certificate for each massage technician performing massage is posted on
the business premises in public view.
D. CAMTC identification carried at all times. No owner or operator shall operate a massage
business, unless an original CAMTC-issued identification card or badge is carried by each
massage technician while providing massage services.
E. Owner or operator on site. An owner or operator of a massage business shall be physically
present on the business premises at all times during all hours of operation.
F. Hours of operation. A massage business may be open for business only between the hours
of 6:00 a.m. to 10:00 p.m. No massage services may be offered or performed between
10:00 p.m. and 6 a.m.
G. List of services posted.
1. A list of the services available and the costs of such services shall be posted in an open
and conspicuous public place on the premises of a massage business. The services shall be
described in English.
2. An outcall massage business operator shall provide a list of services available and the
costs of such services to a patron upon request.
H. Only listed services may be provided. No owner or operator shall permit to be offered or
performed, and no massage technician shall offer or perform, any service other than those
posted on the list of available services. Nor shall any owner, operator or massage technician
request or charge a fee for any service other than those listed on the list of available
services.
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I. Interior doors unlocked. No owner, operator or massage technician shall lock any interior
door or doors leading to a room used to provide massage when a massage is being
performed. A patron may lock any door when alone in a room at any time.
J. Massage log. An owner or operator must maintain a record of services provided for each
treatment. The record of treatment shall include the name and address of the patron, the
name of the massage technician, the name of the owner or operator present, the type of
service provided, and the time the service began and ended. Such records shall be
maintained on the premises of the massage business for at least two years and shall be
immediately available for inspection and copying by City inspectors during business hours.
K. External door unlocked. The door to the main entrance of the premises of a massage
business shall be unlocked during business hours unless the business is owned by one (1)
individual with one or no employees or independent contractors.
L. Professional attire or uniform required. During business hours, each owner, operator and
massage technician must wear professional attire or a uniform based on the custom and
practice of the massage industry in California. The attire shall be made of nontransparent
material and may not expose any specified anatomical areas, as defined in Section
5.36.030.O. Swimwear, lingerie or undergarments may not be used as a uniform or be
displayed as part of a uniform.
M. No residential, sleeping use. No massage business premises shall be used for residential or
sleeping purposes. No owner or operator shall permit any Person, including an owner,
operator or massage technician to reside on the business premises.
N. No drugs or alcohol. The sale, service, or consumption of an alcoholic beverage or any
marijuana product at a massage business, or in connection with the performance of
massage services, is prohibited.
O. No audio or video recording. Audio and/or video recording of, or the monitoring of, the
patron, the massage technician or the massage therapy is prohibited, without the prior
written consent of the patron.
P. No adult-oriented merchandise. The display, use or possession of any adult-oriented
merchandise, including but not limited to sex toys and condoms, is prohibited in any part of a
massage business.
Q. Specified anatomical areas.
1. No owner or operator shall permit any person to massage or intentionally touch the
specified anatomical areas, as defined in this Chapter, of another person while
performing massage at the permitted establishment, regardless of whether the touching
is over or under the patron’s clothing or other covering.
2. No owner, operator or massage technician shall enter any area that is used by a
patron, unless the patron’s specified anatomical areas are covered.
R. No sexual activity. No owner, operator or massage technician shall engage in or permit
sexual activity of any kind at the massage business.
S. Failure to supervise. Any owner and operator shall be responsible for the conduct of their
massage technicians. A violation of any provision of this Chapter or California Business and
Professions Code 4609, as from time to time may be amended, by a massage technician
shall be prima facie evidence of the failure to supervise.
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T. Application to off-premises massage. Subdivisions B, D, F.1, H, J and L in this section do
not apply to off-premises massage businesses.
5.36.080 Minimum premises requirements
No person shall engage in, carry on, perform massage services, or permit to be engaged in,
conducted, carried on massage services at a massage business located in a fixed premises in the
City’s jurisdiction, unless all of the following minimum requirements are met:
A. Signage. A recognizable and legible sign complying with the City’s sign regulations shall be
posted at the main entrance.
B. Lighting. A minimum lighting consisting of at least one artificial light of 40 watts or lumens, or
higher, shall be provided and shall be operating in each room or enclosure where massage
services are being provided and in all areas accessible by clients.
C. Dressing room, locker, secured area to deposit valuables. Dressing rooms, lockers and a
secured place for the protection of valuable shall be provided for patrons.
D. Lavatories. Lavatories with hot and cold running water, soap, and single service towels in a
wall-mounted dispenser shall be provided for patrons.
E. Washbasin for employee and/or patron use. A minimum of one washbasin shall be provided
for employee and/or patron use with hot and cold running water, soap, and single service
towels in a wall-mounted dispenser.
F. Ventilation. Minimum ventilation shall be provided in accordance with the City’s building
codes.
G. Linens. Towels, sheets, and linens of all types shall be clean and freshly laundered. Towels,
sheets, and linens shall not be used by more than one person unless the same has first been
laundered. Heavy paper may be substituted for sheets provided that such paper shall not be
used by more than one person and shall be discarded in a sanitary receptacle after each
use.
H. Storage cabinets. Towels, sheets and linens of all types shall be stored in cabinets.
I. Massage table pads. Pads used on massage tables shall be covered with durable washable
plastic or other acceptable waterproof material.
J. Sterilized instruments. Disinfecting agents and sterilizing equipment measures approved by
the Health Department shall be provided and used for any instruments used to perform
massage.
5.36.090 Massage technician requirements.
A. CAMTC certificate required. It is unlawful for any person to give, provide or administer to
another person for any form of consideration a massage as defined in this Chapter at a
massage business in the City without a valid CAMTC certificate.
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B. Compliance period for CAMTC certificate. Within six months of the effective date of this
ordinance, massage technicians must have a valid CAMTC certificate.
C. No services unless listed. It is unlawful for a massage technician to provide any service not
specifically listed on the massage establishment’s posted list of services.
D. No removal of clothing. It is unlawful for a massage technician to remove any article of the
massage business uniform or any other article of clothing while providing any massage service.
E. Specified anatomical areas.
1. It is unlawful for a massage technician to provide massage when any specified
anatomical area of either the patron or the massage technician is exposed while
performing massage at the permitted business.
2. It is unlawful for a massage technician to touch the specified anatomical area of a
patron while performing massage at the permitted establishment, regardless of whether
the touching is over or under the patron’s clothing or other covering.
F. Sexual activity, advertising, fraudulent activity in massage service prohibited. It is a violation
of this Chapter for a massage technician to engage in any unprofessional conduct as defined in
California Business and Professions Code section 4609, as that section from time to time may be
amended.
5.36.100 Advertising.
A. All advertising to perform massage by any massage technician with the City’s jurisdiction
shall include the name under which the massage technician is certified by the CAMTC
and their CAMTC certificate number. This requirement shall apply to any and all types of
advertising, including but not limited to, business cards, written pamphlets, social media,
and internet sites, including online bulletin boards.
B. All advertising to perform massage at any massage business within the City’s jurisdiction
shall include the name of the massage business and the City business license number.
This requirement shall apply to any and all types of advertising, including but not limited
to business cards, written pamphlets, social media, and internet sites, including online
bulletin boards.
C. No person, massage technician, owner or operator shall engage in sexually suggestive
advertising, including sexually suggestive photographs and language, related to
massage services.
D. No person, massage technician, owner or operator shall place, publish, distribute, or cause
to be placed, published or distributed, any advertising matter related to performing any
service that is prohibited by this Chapter or by any provision of state or federal law.
5.36.110 Inspection.
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A. The investigating officials of the City, which includes but is not limited to police officers, code
enforcement officers, and fire safety officers, shall have the right as otherwise provided by law to
enter the premises of a massage business, including any room not being used for a massage, from
time to time during regular business hours for the purpose of making a reasonable inspection to
enforce compliance with this Chapter.
B. The investigating officials of the City shall, at least four times per 12 -month period, inspect
each massage business in the City for the purpose of determining compliance with this Chapter.
5.36.120 Off-premises massage.
A. It is unlawful for any persons to engage in or operate an off-premises massage business
without a massage business permit.
5.36.130 Violations, Penalties.
A. It shall be unlawful for any person to violate any provision or fail to comply with the
requirements of this Chapter or any regulation adopted hereunder. Each day that a violation
continues is deemed to be a new and separate offense.
B. Any person violating any of the provisions or failing to comply with any of the requirements of
this Chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a
fine of not more than $1,000 or imprisonment for a period of not more than six months, or by both a
fine and imprisonment. No proof of knowledge, intent, or other mental state is required to establish a
violation. At the sole discretion of the City Prosecutor, any violation of this Chapter may in the
alternative be cited and prosecuted as an infraction.
C. Any condition caused or allowed to exist in violation of any of the provisions of this Chapter
or any regulation adopted hereunder is a public nuisance. Such violation may be abated by the City,
or by the City Attorney on behalf the people of the state of California, as a nuisance in any manner
provided for in this code, including summary abatement, or otherwise provided by law or equity,
including a restraining order, injunction, or any other order or judgment in law or equity issued by a
court of competent jurisdiction. The City, or the City Attorney on behalf of the People of the State of
California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this
Chapter or seek any other relief or remedy available at law or equity, including the imposition of
monetary civil penalties. All expenses incurred by the City in connection with any action to abate a
public nuisance will be chargeable as authorized by law to the person(s) creating, causing,
committing, or maintaining the public nuisance.
D. A City employee may issue administrative citations or civil penalties in accordance with
Subsection I in this Section for violation(s) of any of the provisions of this Chapter or any regulation
adopted hereunder. When a violation occurs, it is not required that a warning or notice to cure first
be given before an administrative citation or civil penalty may be issued. Any report where the City's
Police Department has concluded that a violation of this Chapter has occurred may be considered
by the City for review, processing and issuance of an administrative citation or civil penalty.
E. Each criminal citation or complaint, administrative citation, and civil penalty issued for a
violation of any provision of this Chapter may be issued, levied, or assessed against one or more of:
the owner, the permittee, operator, massage technician, and any other person who caused, created,
committed, or maintained the violation.
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F. A violation of any provision of this Chapter by any owner, permittee, operator, massage
technician or any other person shall constitute grounds for modification, denial, suspension or
revocation of the massage business permit.
G. The Chief of Police or designee may deny, suspend or revoke a massage business permit
for any violation of this Chapter. A change of ownership shall have no effect on the accumulation of
violations against the massage business.
The City may issue an administrative citation or civil penalty for any violation of this Chapter as
follows:
1. First offense — not to exceed one hundred dollars $100.00;
2. Second offense within any continuous period of twelve (12) consecutive months —
not to exceed five hundred dollars ($500.00);
3. Third and fourth offenses within any continuous period of twelve (12) consecutive
months — not to exceed one thousand dollars ($1,000.00);
4. Fifth and subsequent offenses within any continuous period of twelve (12)
consecutive months — not to exceed three thousand ($3,000.00).
H. Whenever in this Chapter any act or omission is made unlawful, it shall include causing,
aiding, abetting, suffering, or concealing the fact of such act or omission.
I. The remedies specified in this section are cumulative and in addition to any other remedies
available under state or local law for violation of this code.
5.36.140 Procedure for Imposition of Modification, Denial, Suspension and/or
Revocation of Massage Business Permit.
A. In addition to any other penalty authorized by law, a massage business permit may be
denied, modified, suspended, or revoked for any violation of this Chapter or federal, state, or local
law in accordance with the provisions of this section.
B. The Chief of Police shall have the authority to modify a massage business permit to impose
additional conditions or amend existing terms or conditions in the event of any violation of any
condition of the permit or any violation of this Chapter or federal, state, or local law.
C. Any modification of conditions or denial, suspension or revocation of a massage business
permit shall be in accordance with the following procedures.
1. The Chief of Police shall conduct an investigation whenever they have reason to
believe that an owner, permittee, operator, massage technician or other person is in violation
of, or has failed to comply with, any condition of the massage business permit, any
requirements of this Chapter or any federal, state, or local law.
2. Should the investigation reveal substantial evidence to support a finding that a
violation occurred, the Chief of Police shall issue a written notice of intention to deny, modify,
suspend and/or revoke the permit. The written notice shall be served on the responsible
person, shall specify the facts which, in the opinion of the Chief of Police, constitute
substantial evidence to establish grounds for modification, denial, suspension and/or
revocation, and state that the permit will be modified, denied, suspended and/or revoked
within thirty (30) calendar days from the date the notice is given unless the owner or
permittee aggrieved by the Chief of Police’s decision files with the City Manager a request for
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an administrative hearing to appeal the decision pursuant to Section 5.36.150. All reports
and exhibits supporting the violation and intended to be used as evidence by the City at the
hearing must be included with the written notice.
5.36.150 Appeal Procedures.
A. Any affected person(s) may appeal a decision of the Chief of Police impos ing a fine or
modifying, denying, suspending, and/or revoking a massage business permit to the City Manager
within ten (10) calendar days from the date the notice is given. Said appeal shall be in writing and
filed with the City Manager upon forms provided by the Police Department and shall specify therein
that the decision of the Chief of Police was in error and identify the facts and circumstances on
which the claim of error is based. If an appeal is filed within the time limit specified, it shall
automatically stay proceedings in the matter until a determination is made by the City Manager. The
City Manager shall set the matter for hearing before a hearing officer appointed by the City Manager
at the soonest date convenient to the appellant. The City shall notify the parties in writing of the date
and location of the hearing at least ten (10) business days prior to said date.
B. The fee to request an appeal pursuant to this Chapter shall be in the form of a deposit, the
amount to be determined by the City Manager in accordance with any applicable law based on the
anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceeds the
deposited amount, the requesting party shall be responsible for payment of the additional costs
incurred. If the hearing officer determines that the violation is not supported by the evidence, the
entire deposited amount will be returned to the party that requested the appeal. The appeal hearing
shall be conducted pursuant to Sections 1.30.090 and 1.30.100 and 1.40 of this Code.
5.36.160 Effect of Massage Regulation Ordinance on other Provisions of the Code.
The issuance of any permit pursuant to this Chapter shall not relieve the Owner of the obligation to
comply with all other provisions of this code, including but not limited to zoning, building, land use,
and fire safety.
5.36.170 Promulgation of Regulations, Standards, and Other Legal Duties.
A. In addition to any regulations adopted by the City Council, the City Manager or designee is
authorized to establish, consistent with the terms of this Chapter, any additional administrative rules,
regulations and standards governing the issuance, denial or renewal of massage business permits
and any other subject determined to be necessary to carry out the purposes of this Chapter.
B. Regulations shall be published on the City’s website and maintained and available to the
public in the Office of the City Clerk.
C. Regulations promulgated by the City Council or the City Manager shall become effective and
enforceable upon date of publication on the City’s website or, with respect to existing permitted
massage businesses, upon the date specified in a written notice to Permittees by the City.
5.36.180 Reapplication after denial or revocation of massage business permit.
If a massage business permit is denied or revoked as a result of violation(s) of this Chapter or state
or federal laws, no massage business permit may be issued to the applicant, or to another applicant
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for a massage business at the same location, for a period of five (5) years from the date of denial or
revocation.
5.36.190 Exemptions.
A. Persons holding an active and valid certificate or license to practice the healing arts under
the laws of the State of California and their employees and contractors who are working under the
direct on-site supervision of licensed providers such as, but not limited to, holders of medical
degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, physical
therapists, registered nurses, and licensed vocational nurses, when practicing the healing arts within
the scope of, and incidental to, an applicable license.
B. State-licensed hospitals, nursing homes, sanitariums, physiotherapy businesses or other
state-licensed physical or mental health facilities and their employees or independent contractors.
C. Approved schools of massage and their students in training, provided such students provide
massage therapy only under the direct personal supervision of an instructor. Such instructor must be
physically present on the establishment premises while the massage is being administered.
D. Barbers and cosmetologists who are licensed under the State of California, providing
massage therapy within the scope of, and incidental to, their licenses, provided that such massage
therapy is limited solely to the neck, face, scalp, feet, lower limbs up to the knees, and hands and
arms of their clients.
E. Athletic trainers employed by a professional or semi-professional athlete or athletic team, or
athletic trainers hired by a local, state, or federal government agency, or the Chula Vista Elite Athlete
Training Center, so long as such persons do not practice massage therapy as their primary
occupation at any location in the City.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
Chapter 5.36
MASSAGE PARLORS AND HOLISTIC HEALTH PRACTITIONER
BUSINESSES*
Sections:
5.36.010 Title for citation.
5.36.020 Purpose and intent of provisions.
5.36.030 Definitions.
5.36.035 Repealed.
5.36.040 Rules of construction of provisions – Liability – Scope – Compliance required.
5.36.050 License – Required.
5.36.060 Technician – Permit – Required.
5.36.070 Exceptions to applicability.
5.36.075 Massage and holistic health establishment permit and posting requirements –
Name tags.
5.36.080 Massage and holistic health establishment hours and services.
5.36.085 Massage and holistic health establishments patron’s specified anatomical areas
covered – No touching.
5.36.090 Plumbing and electrical requirements for massage and holistic health
establishments.
5.36.095 Permit and posting requirements for off -premises massage and holistic health
business – Name tags.
5.36.100 Equipment and cleanliness requirements for off -premises massage and holistic
health.
5.36.105 Off-premises massage and holistic health appointment requirements.
5.36.110 Massage technician and holistic health practitioner operating requirements.
5.36.115 Massage establishment, holistic health establishment, massage therapist,
holistic health practitioner, off-premises massage business, holistic health
business advertising requirements.
5.36.120 Corporate officers and partners deemed Applicants.
5.36.125 Designation of responsible managing officer – Signature on applications.
5.36.130 County health department inspection and investigation required before issuing
massage or holistic health establishment permit.
5.36.135 License – Application – Investigation fee required.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.140 License tax required – Rate.
5.36.145 Technician – Permit – Application – Investigation fee.
5.36.150 License or permit – Application – Contents required.
5.36.155 Grounds for denial of massage establishment permit, holistic health
establishment permit, off-premises business permit, massage therapist permit,
holistic health practitioner permit.
5.36.160 Renewal of massage therapist or holistic health practitioner permit.
5.36.165 Equipment and cleanliness requirements for massage and holistic health
establishments.
5.36.170 Facilities – Required generally.
5.36.175 License or permit – Issuance prerequisites – Appeal of denial – Transferability.
5.36.180 Name of business.
5.36.190 Change of location – New application required.
5.36.200 Sale or transfer of business – Effect – Fee for transfer of interest.
5.36.205 Employment of Persons not possessing permits prohibited.
5.36.210 Records of treatment to be kept – Confidentiality required – Disclosure deemed
misdemeanor – Penalty.
5.36.220 Inspection required four times per year.
5.36.230 Off-premises massages – Permitted when.
5.36.235 Applicability of provisions.
5.36.240 License or permit – Grounds for suspension or revocation.
5.36.245 License or permit – Suspension, revocation or denial – Public hearing.
5.36.250 Repealed.
5.36.260 Repealed.
5.36.270 Repealed.
5.36.280 Hearing – Decision of determination.
5.36.290 Repealed.
5.36.300 Repealed.
5.36.310 Repealed.
5.36.320 Repealed.
5.36.325 Unlawful operation declared nuisance.
5.36.330 Violation – Penalty.
5.36.340 Operative date – Grandfather clause.
* For statuto ry authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code
§ 37101.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.010 Title for citation.
This chapter may be cited as the “Chula Vista massage and holistic health practitioner establishment
ordinance.” (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.30).
5.36.020 Purpose and intent of provisions.
It is the purpose and intent of this chapter to establish appropriate rules and regulations for the
conduct of massag e and holistic health practitioner businesses within the City, said rules and
regulations providing for the proper training and qualifications of massage technicians and holistic
health practitioners, the requirements of certain facilities and the physical layout for massage and
holistic health practitioner establishments and the manner in which said businesses may be
conducted as necessary to protect the public health, safety and general welfare. The massage and
holistic health business is declared to be a business subject to police and health regulations in the
interests of protecting the patrons of such establishments. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005;
Ord. 1312 § 2, 1970; prior code § 9.31).
5.36.030 Definitions.
Whenever in this chapter the following words or phrases are used, they shall mean:
A. “City” means the City of Chula Vista, a municipal corporation in the state of California;
B. “Health department” means the departme nt of public health services of the county of San Diego
when the City department is enforcing the terms of this chapter;
C. “License” means the business license to operate a massage establishment required by this code;
D. “Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing,
tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or
other parts of the body, with or without the aid of any mechanical or electrical apparatus or
appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils,
powder, creams, lotions, ointments or other similar preparations commonly used in this practice;
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
E. “Massage establishment” means an establishment having a fixed place of business where any
Person engages in, conducts, carries on or permits to be engaged in, conducted or carried on any
business where massages, as defined in this chapter , or other similar procedures are given or
administered;
F. “Massage technician” or “technician” means any Person, male or female, who gives or administers
to another Person, for any form of consideration, a “massage” or bath as thos e words are defined in
this chapter;
G. “Permit” means the permit to engage in the activities of a massage technician required by this
chapter;
H. “Person” means a natural Person, firm, co -partnership, association or corporation;
I. “Holistic health practitioner” means a nonmedical health care therapist who uses any method of
pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating the external parts of the human body with the hands or other parts of the body, with or
without the aid of any mechanical or electrical apparatus or appliances, rubbing alcohol, liniments,
antiseptics, oils, powders, creams, lotions, ointments or other similar substances; and who claims
exemption from police regulation as a massage therapist pursuant to this chapter and who presents
to the Police Chief proof of satisfactory completion of 1,000 hours of instruction in such specialty or
therapeutic approach at a school with a state -approved curriculum and proof of membership in a
state or nationally chartered organization devoted to the specialty or therapeutic approach. The
practice of such health care therapists, in addition to massage therapy, must include nutr itional
assistance, exercise programs and counseling that is directed toward health care;
J. “Holistic health practitioner business” means any business that is owned and operated by one or
more holistic health practitioners and that hires or contracts with other holistic health practitioners or
massage therapists for the purpose of nonmedical care;
K. “NCBTMB” means the National Certification Board for Therapeutic Massage and Bodywork;
L. “NCCAOM” means the National Certification Commission of Acupuncture and Oriental Medicine;
M. “Off-premises massage therapist” means any Person who provides massage services by
appointment at a location other than premises licensed as a massage establishment. It includes
massage therapists who provide off-premises massage services and who are self -employed and/or
who contract with or work for a business other than a m assage establishment;
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
N. “State-approved school” means any school or institution within the United States which is
approved by the state in which it resides, for the teaching of massage;
O. “Specified anatomica l areas” shall mean pubic region, human genitals, perineum, anus and the
areola and nipple of the female breast. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2408 § 1, 1990;
Ord. 2307 § 1, 1989; Ord. 2256 § 2, 1988; Ord. 1312 § 2, 1970; prior code § 9.33).
5.36.035 Holistic health practitioner – Refundable fee.
Repealed by Ord. 3025 § 1, 2005. 5.36.040 Rules of construction of provisions –
Liability – Scope – Compliance required.
This chapter shall be construed liberally in order to effectuate its purposes. Unless otherwise
specifically prescribed in this chapter, the following provisions shall govern its interpretation and
construction:
A. When not inconsistent with the context, words used in the present tense include the future,
words in the plural number include the singular number and words in the singular number include
the plural number.
B. Time is of the essence in this chapter. N o license or permit holder shall be relieved of his
obligation to comply promptly with any provision of this chapter by any failure of the City to enforce
prompt compliance with any of its provisions.
C. Any right or power conferred or duty imposed upon any officer, employee, department or board
of the City is subject to transfer by operation of law to any other officer, employee, department or
board of the City.
D. No license or permit holder shall have any rec ourse whatsoever against the City for any loss, cost,
expense or damage arising out of any provision or requirement of this chapter or the enforcement
thereof.
E. This chapter does not relieve any license or permit holder or of any r equirement of the City
Charter or of any ordinance, rule, regulation or specification of the City.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
F. No license or permit holder possessing such a license or permit as of the effective date of this
chapter shall be relieved of his o bligation to comply fully with the provisions of this chapter within
the reasonable time established herein. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970;
prior code § 9.32).
5.36.050 License – Required.
It is unlawful for any Person to engage in, conduct, carry on or permit to be engaged in, conducted
or carried on in or upon any premises within the City a massage establishment or holistic health
practitioner business without the license required by this chapter. Any Person desiring to engage in
off-premises massage must obtain an off -premises massage business permit. (Ord. 3296 § 1 (Att. A),
2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.34).
5.36.060 Technician – Permit – Required.
It is unlawful for any Person to act as a massage technician or holistic health practitioner without the
permit required by this chapter. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code
§ 9.35).
5.36.070 Exceptions to applicability.
The requirements of CVMC 5.36.050 et seq. shall have no application and no effect upon and shall
not be construed as applying to any Persons designated as follows: physician, surgeon, chiropractor,
osteopath, acupuncturist, aesthetician, barber, cosmetologist, exercise physiologist, manic urist,
occupational therapist, physical therapist, hair stylist, or any registered or licensed vocational nurse
working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to
practice their respective professions in the state, nor shall the requirements of CVMC 5.36.050 et seq.
apply to any treatment administered in good faith in the course of the practice of any healing art or
profession by any Person licensed to practice any such art or profession under the Business and
Pr ofessions Code of the state or of any other law of this state. All individuals who use a massage
specialty and therapeutic approach in caring for clients while under the “control and direction” of the
exempted classes of individuals as listed above must have a valid massage technician or holistic
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
health practitioner permit and comply with the requirements of this chapter. Practical nurses or other
Persons without qualifications as massage technicians, holistic health practitioners, or other Persons
not otherwise licensed by the state to practice pursuant to the Medical Practice Act, whether
employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massages or
massage procedures.
For the purpose of this section any individual using massage specialty and therapeutic approach in
caring for clients is considered under the “control and direction” of an exempt class individual only
when a member of that exempt class is physically present on the establishment premises where the
massage is being administered. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2307 § 2, 1989; Ord. 1312
§ 2, 1970; prior code § 9.36).
5.36.075 Massage and holistic health establishment permit and posting
requirements – Name tags.
A. The massage or holistic health establishment business permit, public health permit, and a copy of
the permit of each massage therapist and holistic health practitioner working in the establishment
shall be displayed in an open and conspicuous public place on the premises.
B. Each massage therapist and holistic health practitioner must wear a name tag on their outermost
garment when working in the establishment. The name tag must contain the therapist’s or
pra ctitioner’s name as it appears on the police permit.
C. It is unlawful for any massage or holistic health establishment to employ or permit any Person to
act as a massage therapist or holistic health practitioner who does not possess a valid massage
therapist or holistic health practitioner permit. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.080 Massage and holistic health establishment hours and services.
A. It is unlawful for any Responsible Person to allow the establishment to be open between the
hours of 10:00 p.m. and 6:00 a.m. All customers, patrons and visitors must b e excluded from the
premises during those hours.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
B. A list of services available and the cost of such services shall be posted in an open and
conspicuous public place on the premises. The services shall be described in readily unders tandable
language. No services other than those posted are allowed. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1,
2005).
5.36.085 Massage and holistic health establishments patron’s specified
anatomical areas covered – No touching.
A. Each establishment shall provide to all patrons clean, sanitary and opaque coverings capable of
covering the patron’s specified anatomical areas. No common use of such covering shall be
permitted, and reuse is prohibited unless the coveri ng has been laundered after each use. In
addition, no Responsible Person shall permit a massage to be given unless the patron is covered by
the covering provided by the establishment.
B. No Responsible Person shall permit any Person in any area within the massage establishment,
which is used by the patrons or which can be viewed by patrons from such an area, unless the
Person’s specified anatomical areas are fully covered. This subsection does not apply to momentary
nudity, occurring in bathrooms, shower areas, or dressing or locker rooms.
C. No Permittee shall give a massage in any room with a patron unless the patron’s specified
anatomical areas are fully covered with an opaque covering.
D. No Responsible Person shall permit any Person to massage or intentionally touch the specified
anatomical areas of another Person.
E. No Permittee shall massage or intentionally touch the specified anatomical areas of another
Person.
F. The Responsible Person and Permittee shall ensure that patrons are advised of this section prior
to treatment. The advisal may be:
1. Posted as a document in the room where the massage is conducted; or
2. Contained in patron intake documents; or
3. Posted in any manner approved by the Chief of Police.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
The advisal may paraphrase the language of this section so long as such language is approved by
the Chief of Police. Language quoting these sections need not be preapproved by the Chief of Police.
(Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.090 Plumbing and electrical requirements for massage and holistic
health establishments.
All plumbing and electrical installations in massage and holistic health establishments must be
installed under permit and inspection by the Building Inspection Department and such installations
shall be installed in accordance with the Uniform Building Code and the Uniform Plumbing Code as
adopted by this code. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.095 Permit and posting requirements for off -premises massage and
holistic health business – Name tags.
A. It is unlawful for any Person to engage in off -premises massage or holistic health services who is
not in possession of a valid off-premises massage or holistic health business permit.
B. The off-premises massage and holistic health business permit must be displayed in an open and
conspicuous place on the licensed business premises.
C. Each Permittee must wear a name tag on their outermost garment when providing off -premises
massage or holistic health services. The name tag must contain the therapist’s or practitioner’s name
as it appears on the police permit. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.100 Equipment and cleanliness requirements for off -premises
massage and holistic health.
Each Permittee shall provide to all patrons clean, sanitary and opaque coverings capable of covering
the patron’s specified anatomical areas. No common use of such covering shall be permitted, and
reuse is prohibited unless the covering has been laundered after each use. In addition, no Permittee
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shall give a massage unless the patron is covered by the covering provided by the Permittee. (Ord.
3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.105 Off-premises massage and holistic health appointment
requirements.
A. Any massage conducted in a place not open to public view must be by appointment only.
B. An off-premises massage technician or holistic health practitioner may perform massage without
appointment if the massage is conducted in a public place open to view of the public such as in an
airport, shopping center kiosk, or salon, or at events suc h as marathons and street fairs. (Ord. 3296 § 1
(Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.110 Massage technician and holistic health practitioner operating
requirements.
A. No massage technician or holistic health pr actitioner, while performing any task or service
associated with the massage or holistic health business, shall be present in any room with another
Person unless the Person’s specified anatomical areas are fully covered.
B. No Responsible Person shall permit and no massage technician or holistic health practitioner
shall be on the premises of a massage or holistic health establishment during its hours of operation
while performing or available to perform any task or service associated with the operation of a
massage business, unless the massage technician is fully covered from a point not to exceed four
inches above the center of the kneecap to the base of the neck, excluding the arms, with the
following exceptions: shorts may be worn so long as they extend down the leg a minimum of three
inches from the crotch and the body above that point is fully covered to the base of the neck,
excluding the arms. The covering, which includes trousers, pants or shorts, will be of opaque material
and will be maintained in a clean and sanitary condition.
C. No massage technician or holistic health practitioner, while performing any task or service
associated with the business of massage, shall massage or intentionally touch the s pecified
anatomical areas of another Person.
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D. Each massage technician or holistic health practitioner must wear a name tag when working as a
massage technician or holistic health practitioner. The name tag must contain the technici an’s or
practitioner’s name as it appears on the police permit.
E. It is unlawful for any massage technician or holistic health practitioner to use towels, linens or
instruments during the massage that are not in a clean or in a safe condition.
F. It is unlawful for any massage technician or holistic health practitioner to provide massage
services between 10:00 p.m. and 6:00 a.m.
G. The Permittee shall ensure that patrons are advised of CV MC 5.36.085 prior to treatment. The
advisal may be (1) posted as a document in the room where the massage is conducted, or (2)
contained in patron intake documents, or (3) posted in any other manner approved by the Chief of
Police. The advisal may paraphrase the lang uage of CVMC 5.36.085 so long as such language is
approved by the Chief of Police. Language quoting these sections need not be preapproved by the
Chief of Police.
H. Any off-premises massage or holistic health business Permittee who hires, dispatches or
contracts with other off-premises massage technicians or holistic health practitioners to do
off-premises massage is responsible for ensuring that tho se technicians or practitioners comply with
all applicable regulations in this section. The Permittee must also make reasonable efforts to prevent
criminal activity by the other technicians or practitioners. In addition to all other grounds,
prostitution b y such technicians or practitioners is grounds for revoking the permit.
I. The sale or serving of food or beverage or the conducting of nonmassage business or nonholistic
health business is prohibited. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2307 § 3, 1989. Formerly
5.36.075).
5.36.115 Massage establishment, holistic health establishment, massage
therapist, holistic health practitioner, off -premises massage
business, holistic health business advertisin g requirements.
A. Each technician, practitioner, establishment or business licensed under this section shall include
the number of their police permit in any advertisement of services appearing in any newspaper,
telephone directory, printed advertising medium, or electronic media. The reference does not have
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to contain the words “police permit.” “City of Chula Vista permit number 1111,” or similar language,
will suffice so long as the correct police permit number is included.
B. Advertising hours other than those allowed in this chapter is grounds for regulatory action
against the Permittee. This subsection is regulatory only.
C. In addition to any criminal penalty, a violation of Business and Professions Code Section 17500
(false or misleading statements) is grounds for regulatory action against the Permittee. (Ord. 3296 § 1
(Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.120 Corporate officers and partners deemed Applicants.
Each corporate officer or partner of a massage or holistic health establishment is deemed an
Applicant for a massage or holistic health permit and each must provide the information required in
CVMC 5.36.150. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.125 Designation of responsible managing officer – Signature on
applications.
An Applicant that is a corporation or partnership shall designate one of its officers or general
partners to act as its responsible managing officer. The responsible managing officer may complete
and sign all applications on behalf of the corporate officer s and partners. (Ord. 3296 § 1 (Att. A), 2014;
Ord. 3025 § 1, 2005).
5.36.130 County health department inspection and investigation
required before issuing massage or holistic health
establishment permit.
A. In addition to the requirements of CVMC 5.36.150, any Persons desiring to operate a massage or
holistic health establishment shall make an application to the county of San Diego, d epartment of
health services, for a health permit. An annual nonrefundable fee, the exact amount of which shall be
determined and kept on record by the county department of health services, shall accompany the
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submission of each application to the departme nt of health services to defray the cost of
investigation, inspection, and enforcement of the health aspects of this chapter.
B. Any massage or holistic health establishment Permittee failing to renew a health permit within 30
days after its expiration shall be assessed a 10 percent penalty for each month of failure to renew.
This penalty shall be added to the cost of the renewal of the health permit fee. The entire sum shall
be paid to the department of health services. In no case sh all the penalty exceed 60 percent of the
renewal fee. The penalty imposed by this section, whether or not the penalty is paid, shall not
prevent imposition of any other penalties prescribed by this chapter or prevent prosecution for
violation of this chapter. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.135 License – Application – Investigation fee required.
Any Person desiring to obtain a license to operate a massage or holistic health establishment shall
make an application to the City Manager. A nonrefundable required fee(s), or the required renewal
fee(s), to cover the cost of an investigation, shall accompany the submission of each application.
Such licenses, when issued, shall expire one year from the date of issuance and m ay be renewed only
by filing a written request for renewal, accompanied by the annual license fee and a copy of the
license to be renewed. Said application fee shall be in addition to any license, permit or fee required
under any provisions of this code. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2506 § 1, 1992; Ord.
2408 § 1, 1990; Ord. 1312 § 2, 1970; prior code § 9.37. Formerly 5.36.080).
5.36.140 License tax required – Rate.
Every Person operating a massage or holistic heal th establishment shall pay a license tax in an
amount as presently designated, or as may in the future be amended, in the master tax schedule,
CVMC 5.07.030. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2408 § 1, 1990. Formerly 5.36.081).
5.36.145 Technician – Permit – Application – Investigation fee.
Any Person desiring to obtain a permit to act as a massage technician or holistic health practitioner
shall make an application to the City Manager. A nonrefundable required fee(s) shall accompany the
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submission of each application to c over the costs of the investigation. A permit to act as a massage
technician or holistic health practitioner does not authorize the operation of a massage or holistic
health establishment. Any Person obtaining a permit to act as a massage technician or hol istic health
practitioner who desires to operate a massage establishment must separately apply for a license
therefor. A Person who applies for a license to operate a massage or holistic health establishment
and who desires to act as a massage technician o r holistic health practitioner within said massage or
holistic health establishment who pays the fees and taxes required by CVMC 5.36.135 and 5.36.140
shall not be required to pay the fee required by this section. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1,
2005; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1312 § 2, 1970; prior code § 9.38. Formerly 5.36.090).
5.36.150 License or permit – Application – Contents required.
Any Applicant for a license or permit under this chapter shall submit the following information:
A. The full name and any other names ever used by the Applicant;
B. The current residential address and telephone number of the Applicant. The previous addresses
of Applicant, if any, for a period of five years immediately prior to the date of the application and t he
dates of residence at each;
C. The address of the proposed massage establishment or holistic health practitioner business;
D. Written proof that the Applicant is over the age of 21 years;
E. Applicant’s height, weight, color of eyes and hair;
F. Two passport photographs at least two inches by two inches, taken within the last six mon ths;
G. Business, occupation or employment history of the Applicant for the five years immediately
preceding the date of the application;
H. The business license or permit history of the Applicant, whether such Person, in previously
operating in this or another city or state under license or permit, has had such license or permit
suspended or revoked, the reason therefor, and the business activity or occupation subsequent to
such suspension or revocation;
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I. All arrests and/or convictions and/or nolo contendere (no contest) and guilty pleas except for
minor traffic infractions. Charges dismissed pursuant to Penal Code 1203.4(a) must be included.
Dates of arrest and/or conviction and/or plea and the court must also be included;
J. A certificate from a medical doctor licensed to practice in the state of California stating that the
Applicant has, within 30 days immediately preceding the date of the application, been examined and
found to be free of any contagious or communicable disease;
K. Applicant shall be required to furnish his fingerprints;
L. Applicant must furnish a diploma or certificate of graduation from a recognized school or other
institution of learning wherein the method, profession and work of massage technician is taught. The
term “recognized school” or “other institutions of learning” shall mean and include any school or
institution of learning which has for its purpose the teaching of the theory, method, profession or
work of massage technicians; which school requires a resident course of study of not less than 500
hours (massage te chnician) or 1,000 hours (holistic health practitioner). Schools offering
correspondence courses not requiring actual attendance of class shall not be deemed a “recognized
school.” The City has the right to confirm the fact that the Applicant has actually attended classes in a
recognized school for the aforementioned minimum time periods. Proof of successful completion of
a national certification exam administered by a national professional certification organization
approved by the Chief of Police. The exa ms administered by the NCBTMB and NCCAOM are
approved by the Chief of Police;
M. Such other identification and information as may be required in order to discover the truth of
the matters hereinabove specified as required to be set f orth in the application. If necessary, the
Chula Vista Police Department may take the fingerprints and additional photographs and confirm
the height and weight of the Applicant;
N. If the Applicant is a corporation, the name of the c orporation exactly as shown in its Articles of
Incorporation or Charter, together with the state and date of incorporation and names and
residential addresses of each of its current officers and directors, and of each stockholder holding
more than five per cent of the stock of the corporation;
O. If the Applicant is a partnership, the name and residential addresses of each of the partners,
including limited to partners;
P. If the Applicant is limited partnership, a copy of the limited partnership’s certificate of limited
partnership as filed with the county clerk;
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Q. If one or more of the limited partners is a corporation, the Applicant shall provide the
information about that partner;
R. If the Applicant is a corporation or partnership, the name of the responsible managing officer.
(Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.39. Formerly 5.36.100).
5.36.155 Grounds for denial of massage establishment permit, holistic
health establishment permit, off-premises business permit,
massage therapist permit, holistic health practitioner permit.
In addition to the grounds for denial stated in CVMC 5.02.200, an application for a massage
establishment permit, holistic health establishment permit, off -premises business permit, massage
therapist permit or holistic health practitioner permit shall be denied for any of the following
reasons:
A. The Applicant has within 10 years immediately preceding the date of the filing of the application
been convicted of any of the following offenses:
1. Any offense described in California Penal Code Section 266h, 266i, 315, 316, 318, 653.22 or
647(a), 647(b), 647(k)(1), 647(k)(2), or 647(k)(3).
2. Any offense described in California Penal Code, Part One, Title 9, Chapters 7.5 and 7.6; or the
Applicant has within five years immediately preceding the date of filing of the application been
convicted of: a charge of violating any lesser included or lesser related offense, including
California Penal Code Section 415, in satisfaction of, or as a substitute for, an original charge of
any of the offenses listed above.
3. The Applicant has been convicted of any offense which requires registration as a sex
offender under California Penal Code Section 290 or where registration pursuant to Penal Code
Section 290 was part of the imposed sentence.
B. Arrests for any of the above violations may also be grounds for denial. (Ord. 3296 § 1 (Att. A), 2014;
Ord. 3025 § 1, 2005).
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5.36.160 Renewal of massage therapist or holistic health practitioner
permit.
A. Renewal of a Permit Shall Be Annual. All current massage therapists, holistic health practitioners,
off-premises massage technicians and off -premises holistic health practitioners working in the City of
Chula Vista must renew license annually.
B. Additionally, in order to renew a massage technician, holistic health practitioner, off -premises
massage or holistic health business permit, the Permittee must provide proof of 12 hours of
continuing education in massage therapy. The continuing education hours must be obtained from a
facility or organization approved by the NCBTMB, NCCAOM, or a state -approved school or any other
certification organization recognized by the Chief of Police.
C. Additionally, the Permittee must show proof that the Permittee’s national certification is current.
Proof from NCBTMB, NCCAOM, or any other certification organization recognized by the Chief of
Police is sufficient. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.165 Equipment and cl eanliness requirements for massage and
holistic health establishments.
A. Disinfecting agents and sterilizing equipment must be used to ensure that any instruments used
in performing any massage are clean and safe.
B. Pads used on massage tables must be covered in a workmanlike manner with durable, washable
plastic or other waterproof material.
C. Cleanable and nonabsorbent waste containers with tight -fitting covers shall be provided for the
storing of all waste matter and shall be maintained in a clean and sanitary condition.
D. Closed cabinets or containers shall be provided for the storage of laundered towels and linens.
Nonabsorbent containers or laundry bags shall be provided for damp or soiled linen, and linen shall
be kept therein until removed for laundering.
E. All establishments shall be so equipped, maintained, and operated as to effectively control the
entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present,
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effective control measures shall be institute d for their control or elimination. (Ord. 3296 § 1 (Att. A), 2014;
Ord. 3025 § 1, 2005).
5.36.170 Facilities – Required generally.
No license to conduct a massage or holistic health establishment shall be granted unless an
inspection by the City Manager reveals that the proposed establishment complies with each of the
following minimum requirements:
A. A recognizable and legible sign shall be posted at the main entrance identifying the premises as
a massage or holistic health establishment;
B. Minimum lighting shall be provided in accordance with the building code of the City and, in
addition, at least one artificial light of not less than 60 watts shall be provided in each room or
enclosure where massage services are performed on patrons;
C. Minimum ventilation shall be provided in accordance with the building code of the City;
D. Equipment approved by the health department for disinfecting and sterili zing instruments used
in performing acts of massage shall be provided;
E. Hot and cold running water shall be provided at all times;
F. Closed cabinets shall be provided, which cabinets shall be utilized for th e storage of clean linen;
G. In any establishment in which massage services are rendered only to members of the same sex at
any one time, such Persons of the same sex may be placed in a single separate room or the
operators of the ma ssage establishment may elect to place such Persons of the same sex in separate
enclosed rooms or booths having adequate ventilation to an area outside said room or booth while
massage services are being performed;
H. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum
of one tub or shower, one dressing room containing a separate locker for each patron to be served,
which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall
be provided by every massage or holistic health establishment; provided, however, that if male and
female patrons are to be served simultaneously at said establishment, a separate massage room or
rooms, separate dressing facilitie s and separate toilet facilities shall be provided for male and female
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patrons. Further, in those establishments where steam rooms or sauna baths are provided, if male
and female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be
provided for male and female patrons;
I. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for
the establishment must be in good repair and maintained in a clean and sanita ry condition. Wet and
dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet
rooms shall be thoroughly cleaned and disinfected with a disinfectant approved by the health
department each day the business is in opera tion. Bathtubs shall be thoroughly cleaned and
disinfected with a disinfectant approved by the health department after each use;
J. Clean and sanitary towels and linens shall be provided for each patron of the establishment. No
commo n use of towels or linens shall be permitted;
K. A minimum of one separate wash basin shall be provided in each massage establishment for the
use of employees of any such establishment, which basin shall provide soap or detergent and hot
and cold running water at all times and shall be located within or as close as practicable to the area
devoted to the performing of massage services. In addition, there shall be provided at each wash
basin sanitary towels placed in permanently installed dispensers.
This section shall be construed to require minimum standards only. All applicable provisions of this
code have full force and effect. The Applicant shall be required to comply with all applicable
provisions of this code. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.40.
Formerly 5.36.110).
5.36.175 License or permit – Issuance prerequisites – Appeal of denial –
Transferability.
A. Any Applicant for a permit pursuant to these provisions shall present to the Police Department
the application containing the aforementioned and described information. The Chief of Police shall
have a maximum time period of 90 days in which to investigate the application and the backgrou nd
of the Applicant. Based on such investigation, the Chief of Police, or his representative, shall render a
recommendation as to the approval or denial of the permit to the City Manager or his designee.
B. The Department of Building and Housing, the Fire Department and the county health officer shall
inspect the premises proposed to be devoted to the massage or holistic health establishment and
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shall make separate recommendations to the City Manager or designee concerning compliance with
the foregoing provisions.
C. The City Manager, or his designee, after receiving the aforementioned and described
recommendations, shall grant a permit to the establishment if all requirements for a massage or
holistic health establishment described herein are met, and shall issue a permit to all Persons who
have applied to perform massage services unless it appears that any such Person has deliberately
falsified the application or unless it appears that the record of any such Per son reveals a conviction
of a felony or a crime of moral turpitude. The City Manager or designee may recommend to the City
Council that an individual business establishment shall be subject to a public hearing and Council
approval, when in his judgment any such business establishment has an effect upon the public
health, safety or welfare of the community.
D. Any Person denied a permit by the City Manager or his designee pursuant to these provisions
shall be notified pursuant to Chapter 1.40 CVMC regarding an appeal why the permit should be
granted. The decision pursuant to Chapter 1.40 CVMC shall be final upon the Applicant. Also, the City
Council may elect on its own motion to review any determination of the City Manager granting or
denying a permit, in which case, that decision shall then constitute the exhaustion of administr ative
remedy.
E. All permits issued hereunder are nontransferable; provided, however, a change of location of a
massage establishment may be permitted pursuant to the provisions herein. (Ord. 3296 § 1 (Att. A), 2014;
Ord. 3025 § 1, 2005; Ord. 2790, 1999; Ord. 2718 § 1, 1998; Ord. 1312 § 2, 1970; prior code § 9.42. Formerly 5.36.130).
5.36.180 Name of business.
No Person licensed to do business as herein provided shall operate under any name or conduct his
business under any designation not specified in this permit. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1,
2005; Ord. 1312 § 2, 1970; prior code § 9.44. Formerly 5.36.150).
5.36.190 Change of location – New application required.
A change of location of a licensed massage or holistic health establishment shall deem the permit
and license null and void. A new application shall be made by any Person , firm or entity desiring to
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operate the massage or holistic health establishment in a different location in the City. (Ord. 3296 § 1
(Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1312 § 2, 1970; prior code § 9.45.
Formerly 5.36.160).
5.36.200 Sale or transfer of business – Effect – Fee for transfer of
interest.
A. Upon the sale or transfer of any interest in a massage or holistic health establishment, the permit
and license shall be null and void. A new application shall be made by any Person, firm or entity
desiring to own or operate the massage or holistic health establishment. The required fee(s) shall be
payable for each such application involving sale or other transfer of any interest in an existing
massage or holistic health establishment. The provisions of CVMC 5.36.150 shall apply to any Person,
firm or entity applying for a massage or holis tic health establishment permit for premises previously
used as such establishment.
B. Any such sale or transfer of any interests in an existing massage or holistic health establishment
or any application for an extension of the buil ding or other place of business of the massage or
holistic health establishment shall require inspection and shall require compliance with CVMC
5.36.170. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1312 § 2,
1970; prior code § 9.46. Formerly 5.36.170).
5.36.205 Employment of Persons not possessing permits prohibited.
It is unlawful for the holder of a license to operate a massage or holistic health establishment to
employ or otherwise allow a Person who has not obtained a valid massage technician’s or holistic
health practitioner’s permit to practice acts of massage. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005;
Ord. 1312 § 2, 1970; prior code § 9.47. Formerly 5.36.180).
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5.36.210 Records of treatment to be kept – Confidentiality required –
Disclosure deemed misdemeanor – Penalty.
Every Person, association, firm or cor poration operating a massage or holistic health establishment
under a license as herein provided shall keep a record of the date and hour of each treatment, the
name and address of the patron, and the name of the technician administering such treatment. Sa id
record shall be open to inspection by officials charged with the enforcement of these provisions for
the purposes of law enforcement and for no other purpose. The information furnished or secured as
a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such
information by any officer or employee of the City shall constitute a misdemeanor and such officer or
employee shall be subject to the penalty provisions of this code, in addition to any other penalties
provided by law. Identical records shall be kept of treatments rendered off the business site, and, in
addition, shall describe the address where the treatment was rendered. Said records shall be
maintained for a period of two years. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970;
prior code § 9.48. Formerly 5.36.190).
5.36.220 Inspection required four times per year.
The Departments of Building Inspection, Housing, Fire, Health, and Police shall, from time to time
and at lea st four times each year, make an inspection of each massage establishment in the City for
the purpose of determining that the provisions of this code are met. (Ord. 3296 § 1 (Att. A), 2014; Ord.
3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.49. Formerly 5.36.200).
5.36.230 Off-premises massages – Permitted when.
It is unlawful for any Person to engage in, conduct, carry on or permit to be engaged in, conducted
or carried on the business of massage in any hotel room, motel room, guestho use or other place of
public accommodation.
A. It is unlawful for any Persons to engage in or operate an off -premises massage or holistic health
business without an off-premises massage or holistic health business police permit.
B. Any Persons possessing an off-premises massage or holistic health business permit are also
permitted to operate as a massage therapist or holistic health practitioner.
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C. Any Person desiring to operate an off-premises massage or holistic health business, but who will
not provide massage services, may obtain an off -premises massage or holistic health business permit
so long as the following conditions are met:
1. The Person meets the a pplication requirements for an off -premises massage business permit
except for the education requirements.
D. This section shall not be construed to:
1. Prohibit maintaining a licensed massage or holistic health establishment upon the premises
of a place of public accommodation; or
2. Prevent the holder of a license or the holder of a permit employed by the holder of a license
issued pursuant to this chapter from giving or admi nistering massages within hospitals,
convalescent centers, rest homes or the private home of a patron. (Ord. 3296 § 1 (Att. A), 2014; Ord.
3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.50. Formerly 5.36.210).
5.36.235 Applicability of provisions.
The provisions of this chapter shall be applicable to all Persons and businesses described herein
whether the herein described activities were established before or after January 23, 1971. (Ord. 3296
§ 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.51. Formerly 5.36.220).
5.36.240 License or permit – Grounds for suspension or revocation.
In the event that any Person holding a license or permit issued pursuant to this chapter violates or
causes or permits to be vio lated any of the provisions of this chapter, or any provision of any other
ordinance or law relating to or regulating said business or occupation; or conducts or carries on such
business or occupation in an unlawful manner, the City Manager may, in additio n to other penalties
provided by ordinance, suspend or revoke the license or permit issued pursuant to this chapter. For
the purpose of this section, a criminal court conviction shall not be required to support a finding of a
violation of any law. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.52.
Formerly 5.36.230).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.245 License or permit – Suspension, revocation or denial – Public
hearing.
Before denying, suspending or revoking a license or perm it issued pursuant to this chapter, the City
Manager shall offer the Applicant or perminee a hearing as provided in Chapter 1.40 CVMC. (Ord.
3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2718 § 1, 1998; Ord. 1312 § 2, 1970; prior code § 9.53. Formerly
5.36.240).
5.36.250 Hearing – Notice required.
Repealed by Ord. 2718 § 1, 1998. 5.36.260 Hearing – Procedure generally.
Repealed by Ord. 2718 § 1, 1998. 5.36.270 Hearing – Rules of evidence.
Repealed by Ord. 2718 § 1, 1998. 5.36.280 Hearing – Decision of determination.
At the conclusion of the hearing, the City Manager shall make an order. Such order can:
A. Dismiss the charges;
B. Suspend or revoke the license or permit; or
C. Affix such other conditional and probationary orders as may be proper for the enforcement of
this chapter. A copy of the decision specifying findings of fact and the reasons for the decision shall
be furnished to the license or permit holder. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2,
1970; prior code § 9.57).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.290 Effect of decision stayed when.
Repealed by Ord. 2718 § 1, 1998. 5.36.300 Hearing – Not required when – Effect.
Repealed by Ord. 2718 § 1, 1998. 5.36.310 Appeal – Petition required.
Repealed by Ord. 2718 § 1, 1998. 5.36.320 Appeal – Public hearing – Notice – Effect
of decision.
Repealed by Ord. 2718 § 1, 1998. 5.36.325 Unlawful operation declared nuisance.
Any massage establishment operated, conducted or maintained contrary to the provisions of this
chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City
Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an
action or actions, proceeding or proceedings for abatement, removal or enjoinment thereof, in the
manner provided by law. The City Attorney shall take such other steps and shall apply to such court
or courts as may have juris diction to grant such relief as shall abate or remove such massage
establishment and restrain and enjoin any Person from operating, conducting, or maintaining a
massage establishment contrary to the provisions of this chapter. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025
§ 1, 2005).
5.36.330 Violation – Penalty.
A. Every Person, except those Persons who are specifically exempted by this chapter, whether acting
as an individual, Owner, employee of the Owner, operator or employee of the operator, or whether
acting as a mere helper for the Owner, employee or operator, or whether acting as a participant or
worker in any way, who gives massage s or conducts a massage or holistic health establishment or
room, or who does or practices any of the other things or acts mentioned in this chapter without first
obtaining a permit and paying for a license so to do from the City, or shall violate any prov ision of
this chapter, is guilty of a misdemeanor.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
B. Any Owner, operator, manager, or Permittee in charge or in control of a massage or holistic
health establishment who knowingly employs a Person performing as a massage technician or
holistic health practitioner as defined in this chapter who is not in possession of a valid permit, or
who allows such an employee to perform, operate or practice within such a place of business, is
guilty of a misdemeanor.
C. Any massage or holistic health establishment operated, conducted, or maintained contrary to the
provisions of this chapter shall be and the same is hereby declared to be unlawful and a public
nuisance and the City Attorney may, in addition to or in lieu of pr osecuting a criminal action
hereunder, revoke the business license pursuant to the procedure set forth in CVMC 5.36.240,
commence an action or actions, proceeding or proceedings, for the abatement, removal and
enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply
to such court or courts as may have jurisdiction to grant such rel ief as will abate or remove such
massage establishments and restrain and enjoin any Person from operating, conducting or
maintaining a massage or holistic health establishment contrary to the provisions of this chapter.
(Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2256 § 3, 1988; Ord. 1312 § 2, 1970; prior code § 9.62).
5.36.340 Operative date – Grandfather clause.
All Persons holding a (A) valid massage technician permit, (B) valid holistic health practitioner permit,
or (C) an off-premises massage permit and a (A) current business tax certificate or (B) proof of
employment as a massage technician or holistic health practitioner within the City of Chula Vista on
November 1, 2005, will have one year from the date of adoption of th e ordinance codified in this
chapter to meet the requirements contained in CVMC 5.36.150(L). (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025
§ 1, 2005).
The Chula Vista Mun icipal Code is current through Ordinance 3517, passed January 25, 2022.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users
should contact the City Clerk’s office for ordinances passed subsequent to the ord inance cited above.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
To be notified when additions, amendments, or revisions are made to the code, send your e -mail
address to (be sure to add "Chula Vista Municipal Code" in the subject line)
CPC@codepublishing.com.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company
recommends using one of the following browsers: Google C hrome, Firefox, or Safari.
City Website: www.chulavistaca.gov
Code Publishing Company
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
Chapter 5.36
MASSAGE PARLORS AND HOLISTIC HEALTH PRACTITIONER
BUSINESSES*
Sections:
5.36.010 Title for citation.
5.36.020 Purpose and intent of provisions.
5.36.030 Definitions.
5.36.035 Repealed.
5.36.040 Rules of construction of provisions – Liability – Scope – Compliance required.
5.36.050 License – Required.
5.36.060 Technician – Permit – Required.
5.36.070 Exceptions to applicability.
5.36.075 Massage and holistic health establishment permit and posting requirements –
Name tags.
5.36.080 Massage and holistic health establishment hours and services.
5.36.085 Massage and holistic health establishments patron’s specified anatomical
areas covered – No touching.
5.36.090 Plumbing and electrical requirements for massage and holistic health
establishments.
5.36.095 Permit and posting requirements for off-premises massage and holistic health
business – Name tags.
5.36.100 Equipment and cleanliness requirements for off-premises massage and
holistic health.
5.36.105 Off-premises massage and holistic health appointment requirements.
5.36.110 Massage technician and holistic health practitioner operating requirements.
5.36.115 Massage establishment, holistic health establishment, massage therapist,
holistic health practitioner, off-premises massage business, holistic health
business advertising requirements.
5.36.120 Corporate officers and partners deemed Applicants.
5.36.125 Designation of responsible managing officer – Signature on applications.
5.36.130 County health department inspection and investigation required before issuing
massage or holistic health establishment permit.
5.36.135 License – Application – Investigation fee required.
5.36.140 License tax required – Rate.
5.36.145 Technician – Permit – Application – Investigation fee.
5.36.150 License or permit – Application – Contents required.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.155 Grounds for denial of massage establishment permit, holistic health
establishment permit, off-premises business permit, massage therapist permit,
holistic health practitioner permit.
5.36.160 Renewal of massage therapist or holistic health practitioner permit.
5.36.165 Equipment and cleanliness requirements for massage and holistic health
establishments.
5.36.170 Facilities – Required generally.
5.36.175 License or permit – Issuance prerequisites – Appeal of denial – Transferability.
5.36.180 Name of business.
5.36.190 Change of location – New application required.
5.36.200 Sale or transfer of business – Effect – Fee for transfer of interest.
5.36.205 Employment of Persons not possessing permits prohibited.
5.36.210 Records of treatment to be kept – Confidentiality required – Disclosure
deemed misdemeanor – Penalty.
5.36.220 Inspection required four times per year.
5.36.230 Off-premises massages – Permitted when.
5.36.235 Applicability of provisions.
5.36.240 License or permit – Grounds for suspension or revocation.
5.36.245 License or permit – Suspension, revocation or denial – Public hearing.
5.36.250 Repealed.
5.36.260 Repealed.
5.36.270 Repealed.
5.36.280 Hearing – Decision of determination.
5.36.290 Repealed.
5.36.300 Repealed.
5.36.310 Repealed.
5.36.320 Repealed.
5.36.325 Unlawful operation declared nuisance.
5.36.330 Violation – Penalty.
5.36.340 Operative date – Grandfather clause.
* For statutory authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code
§ 37101.
5.36.010 Title for citation.
This chapter may be cited as the “Chula Vista massage and holistic health practitioner establishment
ordinance.” (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.30).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.020 Purpose and intent of provisions.
It is the purpose and intent of this chapter to establish appropriate rules and regulations for the
conduct of massage and holistic health practitioner businesses within the City, said rules and
regulations providing for the proper training and qualifications of massage technicians and holistic
health practitioners, the requirements of certain facilities and the physical layout for massage and
holistic health practitioner establishments and the manner in which said businesses may be
conducted as necessary to protect the public health, safety and general welfare. The massage and
holistic health business is declared to be a business subject to police and health regulations in the
interests of protecting the patrons of such establishments. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1,
2005; Ord. 1312 § 2, 1970; prior code § 9.31).
5.36.030 Definitions.
Whenever in this chapter the following words or phrases are used, they shall mean:
A. “City” means the City of Chula Vista, a municipal corporation in the state of California;
B. “Health department” means the department of public health services of the county of San Diego
when the City department is enforcing the terms of this chapter;
C. “License” means the business license to operate a massage establishment required by this
code;
D. “Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing,
tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or
other parts of the body, with or without the aid of any mechanical or electrical apparatus or
appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice;
E. “Massage establishment” means an establishment having a fixed place of business where any
Person engages in, conducts, carries on or permits to be engaged in, conducted or carried on any
business where massages, as defined in this chapter, or other similar procedures are given or
administered;
F. “Massage technician” or “technician” means any Person, male or female, who gives or
administers to another Person, for any form of consideration, a “massage” or bath as those words
are defined in this chapter;
G. “Permit” means the permit to engage in the activities of a massage technician required by this
chapter;
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
H. “Person” means a natural Person, firm, co-partnership, association or corporation;
I. “Holistic health practitioner” means a nonmedical health care therapist who uses any method of
pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating the external parts of the human body with the hands or other parts of the body, with or
without the aid of any mechanical or electrical apparatus or appliances, rubbing alcohol, liniments,
antiseptics, oils, powders, creams, lotions, ointments or other similar substances; and who claims
exemption from police regulation as a massage therapist pursuant to this chapter and who presents
to the Police Chief proof of satisfactory completion of 1,000 hours of instruction in such specialty or
therapeutic approach at a school with a state-approved curriculum and proof of membership in a
state or nationally chartered organization devoted to the specialty or therapeutic approach. The
practice of such health care therapists, in addition to massage therapy, must include nutritional
assistance, exercise programs and counseling that is directed toward health care;
J. “Holistic health practitioner business” means any business that is owned and operated by one or
more holistic health practitioners and that hires or contracts with other holistic health practitioners or
massage therapists for the purpose of nonmedical care;
K. “NCBTMB” means the National Certification Board for Therapeutic Massage and Bodywork;
L. “NCCAOM” means the National Certification Commission of Acupuncture and Oriental Medicine;
M. “Off-premises massage therapist” means any Person who provides massage services by
appointment at a location other than premises licensed as a massage establishment. It includes
massage therapists who provide off-premises massage services and who are self-employed and/or
who contract with or work for a business other than a massage establishment;
N. “State-approved school” means any school or institution within the United States which is
approved by the state in which it resides, for the teaching of massage;
O. “Specified anatomical areas” shall mean pubic region, human genitals, perineum, anus and the
areola and nipple of the female breast. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2408 § 1,
1990; Ord. 2307 § 1, 1989; Ord. 2256 § 2, 1988; Ord. 1312 § 2, 1970; prior code § 9.33).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.035 Holistic health practitioner – Refundable fee.
Repealed by Ord. 3025 § 1, 2005. 5.36.040 Rules of construction of provisions –
Liability – Scope – Compliance required.
This chapter shall be construed liberally in order to effectuate its purposes. Unless otherwise
specifically prescribed in this chapter, the following provisions shall govern its interpretation and
construction:
A. When not inconsistent with the context, words used in the present tense include the future,
words in the plural number include the singular number and words in the singular number include the
plural number.
B. Time is of the essence in this chapter. No license or permit holder shall be relieved of his
obligation to comply promptly with any provision of this chapter by any failure of the City to enforce
prompt compliance with any of its provisions.
C. Any right or power conferred or duty imposed upon any officer, employee, department or board
of the City is subject to transfer by operation of law to any other officer, employee, department or
board of the City.
D. No license or permit holder shall have any recourse whatsoever against the City for any loss,
cost, expense or damage arising out of any provision or requirement of this chapter or the
enforcement thereof.
E. This chapter does not relieve any license or permit holder or of any requirement of the City
Charter or of any ordinance, rule, regulation or specification of the City.
F. No license or permit holder possessing such a license or permit as of the effective date of this
chapter shall be relieved of his obligation to comply fully with the provisions of this chapter within the
reasonable time established herein. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970;
prior code § 9.32).
5.36.050 License – Required.
It is unlawful for any Person to engage in, conduct, carry on or permit to be engaged in, conducted
or carried on in or upon any premises within the City a massage establishment or holistic health
practitioner business without the license required by this chapter. Any Person desiring to engage in
off-premises massage must obtain an off-premises massage business permit. (Ord. 3296 § 1 (Att. A),
2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.34).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.060 Technician – Permit – Required.
It is unlawful for any Person to act as a massage technician or holistic health practitioner without the
permit required by this chapter. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior
code § 9.35).
5.36.070 Exceptions to applicability.
The requirements of CVMC 5.36.050 et seq. shall have no application and no effect upon and shall
not be construed as applying to any Persons designated as follows: physician, surgeon,
chiropractor, osteopath, acupuncturist, aesthetician, barber, cosmetologist, exercise physiologist,
manicurist, occupational therapist, physical therapist, hair stylist, or any registered or licensed
vocational nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath
duly licensed to practice their respective professions in the state, nor shall the requirements of
CVMC 5.36.050 et seq. apply to any treatment administered in good faith in the course of the
practice of any healing art or profession by any Person licensed to practice any such art or
profession under the Business and Professions Code of the state or of any other law of this state. All
individuals who use a massage specialty and therapeutic approach in caring for clients while under
the “control and direction” of the exempted classes of individuals as listed above must have a valid
massage technician or holistic health practitioner permit and comply with the requirements of this
chapter. Practical nurses or other Persons without qualifications as massage technicians, holistic
health practitioners, or other Persons not otherwise licensed by the state to practice pursuant to the
Medical Practice Act, whether employed by physicians, surgeons, chiropractors or osteopaths or not,
may not give massages or massage procedures.
For the purpose of this section any individual using massage specialty and therapeutic approach in
caring for clients is considered under the “control and direction” of an exempt class individual only
when a member of that exempt class is physically present on the establishment premises where the
massage is being administered. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2307 § 2, 1989; Ord.
1312 § 2, 1970; prior code § 9.36).
5.36.075 Massage and holistic health establishment permit and posting
requirements – Name tags.
A. The massage or holistic health establishment business permit, public health permit, and a copy
of the permit of each massage therapist and holistic health practitioner working in the establishment
shall be displayed in an open and conspicuous public place on the premises.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
B. Each massage therapist and holistic health practitioner must wear a name tag on their outermost
garment when working in the establishment. The name tag must contain the therapist’s or
practitioner’s name as it appears on the police permit.
C. It is unlawful for any massage or holistic health establishment to employ or permit any Person to
act as a massage therapist or holistic health practitioner who does not possess a valid massage
therapist or holistic health practitioner permit. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.080 Massage and holistic health establishment hours and
services.
A. It is unlawful for any Responsible Person to allow the establishment to be open between the
hours of 10:00 p.m. and 6:00 a.m. All customers, patrons and visitors must be excluded from the
premises during those hours.
B. A list of services available and the cost of such services shall be posted in an open and
conspicuous public place on the premises. The services shall be described in readily understandable
language. No services other than those posted are allowed. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1,
2005).
5.36.085 Massage and holistic health establishments patron’s specified
anatomical areas covered – No touching.
A. Each establishment shall provide to all patrons clean, sanitary and opaque coverings capable of
covering the patron’s specified anatomical areas. No common use of such covering shall be
permitted, and reuse is prohibited unless the covering has been laundered after each use. In
addition, no Responsible Person shall permit a massage to be given unless the patron is covered by
the covering provided by the establishment.
B. No Responsible Person shall permit any Person in any area within the massage establishment,
which is used by the patrons or which can be viewed by patrons from such an area, unless the
Person’s specified anatomical areas are fully covered. This subsection does not apply to momentary
nudity, occurring in bathrooms, shower areas, or dressing or locker rooms.
C. No Permittee shall give a massage in any room with a patron unless the patron’s specified
anatomical areas are fully covered with an opaque covering.
D. No Responsible Person shall permit any Person to massage or intentionally touch the specified
anatomical areas of another Person.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
E. No Permittee shall massage or intentionally touch the specified anatomical areas of another
Person.
F. The Responsible Person and Permittee shall ensure that patrons are advised of this section prior
to treatment. The advisal may be:
1. Posted as a document in the room where the massage is conducted; or
2. Contained in patron intake documents; or
3. Posted in any manner approved by the Chief of Police.
The advisal may paraphrase the language of this section so long as such language is approved by
the Chief of Police. Language quoting these sections need not be preapproved by the Chief of
Police. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.090 Plumbing and electrical requirements for massage and holistic
health establishments.
All plumbing and electrical installations in massage and holistic health establishments must be
installed under permit and inspection by the Building Inspection Department and such installations
shall be installed in accordance with the Uniform Building Code and the Uniform Plumbing Code as
adopted by this code. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.095 Permit and posting requirements for off-premises massage
and holistic health business – Name tags.
A. It is unlawful for any Person to engage in off-premises massage or holistic health services who is
not in possession of a valid off-premises massage or holistic health business permit.
B. The off-premises massage and holistic health business permit must be displayed in an open and
conspicuous place on the licensed business premises.
C. Each Permittee must wear a name tag on their outermost garment when providing off-premises
massage or holistic health services. The name tag must contain the therapist’s or practitioner’s
name as it appears on the police permit. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.100 Equipment and cleanliness requirements for off-premises
massage and holistic health.
Each Permittee shall provide to all patrons clean, sanitary and opaque coverings capable of covering
the patron’s specified anatomical areas. No common use of such covering shall be permitted, and
reuse is prohibited unless the covering has been laundered after each use. In addition, no Permittee
shall give a massage unless the patron is covered by the covering provided by the Permittee. (Ord.
3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.105 Off-premises massage and holistic health appointment
requirements.
A. Any massage conducted in a place not open to public view must be by appointment only.
B. An off-premises massage technician or holistic health practitioner may perform massage without
appointment if the massage is conducted in a public place open to view of the public such as in an
airport, shopping center kiosk, or salon, or at events such as marathons and street fairs. (Ord. 3296
§ 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.110 Massage technician and holistic health practitioner operating
requirements.
A. No massage technician or holistic health practitioner, while performing any task or service
associated with the massage or holistic health business, shall be present in any room with another
Person unless the Person’s specified anatomical areas are fully covered.
B. No Responsible Person shall permit and no massage technician or holistic health practitioner
shall be on the premises of a massage or holistic health establishment during its hours of operation
while performing or available to perform any task or service associated with the operation of a
massage business, unless the massage technician is fully covered from a point not to exceed four
inches above the center of the kneecap to the base of the neck, excluding the arms, with the
following exceptions: shorts may be worn so long as they extend down the leg a minimum of three
inches from the crotch and the body above that point is fully covered to the base of the neck,
excluding the arms. The covering, which includes trousers, pants or shorts, will be of opaque
material and will be maintained in a clean and sanitary condition.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
C. No massage technician or holistic health practitioner, while performing any task or service
associated with the business of massage, shall massage or intentionally touch the specified
anatomical areas of another Person.
D. Each massage technician or holistic health practitioner must wear a name tag when working as
a massage technician or holistic health practitioner. The name tag must contain the technician’s or
practitioner’s name as it appears on the police permit.
E. It is unlawful for any massage technician or holistic health practitioner to use towels, linens or
instruments during the massage that are not in a clean or in a safe condition.
F. It is unlawful for any massage technician or holistic health practitioner to provide massage
services between 10:00 p.m. and 6:00 a.m.
G. The Permittee shall ensure that patrons are advised of CVMC 5.36.085 prior to treatment. The
advisal may be (1) posted as a document in the room where the massage is conducted, or (2)
contained in patron intake documents, or (3) posted in any other manner approved by the Chief of
Police. The advisal may paraphrase the language of CVMC 5.36.085 so long as such language is
approved by the Chief of Police. Language quoting these sections need not be preapproved by the
Chief of Police.
H. Any off-premises massage or holistic health business Permittee who hires, dispatches or
contracts with other off-premises massage technicians or holistic health practitioners to do off-
premises massage is responsible for ensuring that those technicians or practitioners comply with all
applicable regulations in this section. The Permittee must also make reasonable efforts to prevent
criminal activity by the other technicians or practitioners. In addition to all other grounds, prostitution
by such technicians or practitioners is grounds for revoking the permit.
I. The sale or serving of food or beverage or the conducting of nonmassage business or nonholistic
health business is prohibited. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2307 § 3, 1989. Formerly
5.36.075).
5.36.115 Massage establishment, holistic health establishment,
massage therapist, holistic health practitioner, off-premises
massage business, holistic health business advertising
requirements.
A. Each technician, practitioner, establishment or business licensed under this section shall include
the number of their police permit in any advertisement of services appearing in any newspaper,
telephone directory, printed advertising medium, or electronic media. The reference does not have to
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
contain the words “police permit.” “City of Chula Vista permit number 1111,” or similar language, will
suffice so long as the correct police permit number is included.
B. Advertising hours other than those allowed in this chapter is grounds for regulatory action
against the Permittee. This subsection is regulatory only.
C. In addition to any criminal penalty, a violation of Business and Professions Code Section 17500
(false or misleading statements) is grounds for regulatory action against the Permittee. (Ord. 3296 § 1
(Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.120 Corporate officers and partners deemed Applicants.
Each corporate officer or partner of a massage or holistic health establishment is deemed an
Applicant for a massage or holistic health permit and each must provide the information required in
CVMC 5.36.150. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.125 Designation of responsible managing officer – Signature on
applications.
An Applicant that is a corporation or partnership shall designate one of its officers or general
partners to act as its responsible managing officer. The responsible managing officer may complete
and sign all applications on behalf of the corporate officers and partners. (Ord. 3296 § 1 (Att. A), 2014;
Ord. 3025 § 1, 2005).
5.36.130 County health department inspection and investigation
required before issuing massage or holistic health
establishment permit.
A. In addition to the requirements of CVMC 5.36.150, any Persons desiring to operate a massage
or holistic health establishment shall make an application to the county of San Diego, department of
health services, for a health permit. An annual nonrefundable fee, the exact amount of which shall
be determined and kept on record by the county department of health services, shall accompany the
submission of each application to the department of health services to defray the cost of
investigation, inspection, and enforcement of the health aspects of this chapter.
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
B. Any massage or holistic health establishment Permittee failing to renew a health permit within 30
days after its expiration shall be assessed a 10 percent penalty for each month of failure to renew.
This penalty shall be added to the cost of the renewal of the health permit fee. The entire sum shall
be paid to the department of health services. In no case shall the penalty exceed 60 percent of the
renewal fee. The penalty imposed by this section, whether or not the penalty is paid, shall not
prevent imposition of any other penalties prescribed by this chapter or prevent prosecution for
violation of this chapter. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
5.36.135 License – Application – Investigation fee required.
Any Person desiring to obtain a license to operate a massage or holistic health establishment shall
make an application to the City Manager. A nonrefundable required fee(s), or the required renewal
fee(s), to cover the cost of an investigation, shall accompany the submission of each application.
Such licenses, when issued, shall expire one year from the date of issuance and may be renewed
only by filing a written request for renewal, accompanied by the annual license fee and a copy of the
license to be renewed. Said application fee shall be in addition to any license, permit or fee required
under any provisions of this code. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2506 § 1, 1992; Ord.
2408 § 1, 1990; Ord. 1312 § 2, 1970; prior code § 9.37. Formerly 5.36.080).
5.36.140 License tax required – Rate.
Every Person operating a massage or holistic health establishment shall pay a license tax in an
amount as presently designated, or as may in the future be amended, in the master tax schedule,
CVMC 5.07.030. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2408 § 1, 1990. Formerly 5.36.081).
5.36.145 Technician – Permit – Application – Investigation fee.
Any Person desiring to obtain a permit to act as a massage technician or holistic health practitioner
shall make an application to the City Manager. A nonrefundable required fee(s) shall accompany the
submission of each application to cover the costs of the investigation. A permit to act as a massage
technician or holistic health practitioner does not authorize the operation of a massage or holistic
health establishment. Any Person obtaining a permit to act as a massage technician or holistic
health practitioner who desires to operate a massage establishment must separately apply for a
license therefor. A Person who applies for a license to operate a massage or holistic health
establishment and who desires to act as a massage technician or holistic health practitioner within
said massage or holistic health establishment who pays the fees and taxes required by CVMC
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.135 and 5.36.140 shall not be required to pay the fee required by this section. (Ord. 3296 § 1 (Att.
A), 2014; Ord. 3025 § 1, 2005; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1312 § 2, 1970; prior code § 9.38.
Formerly 5.36.090).
5.36.150 License or permit – Application – Contents required.
Any Applicant for a license or permit under this chapter shall submit the following information:
A. The full name and any other names ever used by the Applicant;
B. The current residential address and telephone number of the Applicant. The previous addresses
of Applicant, if any, for a period of five years immediately prior to the date of the application and the
dates of residence at each;
C. The address of the proposed massage establishment or holistic health practitioner business;
D. Written proof that the Applicant is over the age of 21 years;
E. Applicant’s height, weight, color of eyes and hair;
F. Two passport photographs at least two inches by two inches, taken within the last six months;
G. Business, occupation or employment history of the Applicant for the five years immediately
preceding the date of the application;
H. The business license or permit history of the Applicant, whether such Person, in previously
operating in this or another city or state under license or permit, has had such license or permit
suspended or revoked, the reason therefor, and the business activity or occupation subsequent to
such suspension or revocation;
I. All arrests and/or convictions and/or nolo contendere (no contest) and guilty pleas except for
minor traffic infractions. Charges dismissed pursuant to Penal Code 1203.4(a) must be included.
Dates of arrest and/or conviction and/or plea and the court must also be included;
J. A certificate from a medical doctor licensed to practice in the state of California stating that the
Applicant has, within 30 days immediately preceding the date of the application, been examined and
found to be free of any contagious or communicable disease;
K. Applicant shall be required to furnish his fingerprints;
L. Applicant must furnish a diploma or certificate of graduation from a recognized school or other
institution of learning wherein the method, profession and work of massage technician is taught. The
term “recognized school” or “other institutions of learning” shall mean and include any school or
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
institution of learning which has for its purpose the teaching of the theory, method, profession or
work of massage technicians; which school requires a resident course of study of not less than 500
hours (massage technician) or 1,000 hours (holistic health practitioner). Schools offering
correspondence courses not requiring actual attendance of class shall not be deemed a “recognized
school.” The City has the right to confirm the fact that the Applicant has actually attended classes in
a recognized school for the aforementioned minimum time periods. Proof of successful completion of
a national certification exam administered by a national professional certification organization
approved by the Chief of Police. The exams administered by the NCBTMB and NCCAOM are
approved by the Chief of Police;
M. Such other identification and information as may be required in order to discover the truth of the
matters hereinabove specified as required to be set forth in the application. If necessary, the Chula
Vista Police Department may take the fingerprints and additional photographs and confirm the height
and weight of the Applicant;
N. If the Applicant is a corporation, the name of the corporation exactly as shown in its Articles of
Incorporation or Charter, together with the state and date of incorporation and names and residential
addresses of each of its current officers and directors, and of each stockholder holding more than
five percent of the stock of the corporation;
O. If the Applicant is a partnership, the name and residential addresses of each of the partners,
including limited to partners;
P. If the Applicant is limited partnership, a copy of the limited partnership’s certificate of limited
partnership as filed with the county clerk;
Q. If one or more of the limited partners is a corporation, the Applicant shall provide the information
about that partner;
R. If the Applicant is a corporation or partnership, the name of the responsible managing officer.
(Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.39. Formerly 5.36.100).
5.36.155 Grounds for denial of massage establishment permit, holistic
health establishment permit, off-premises business permit,
massage therapist permit, holistic health practitioner permit.
In addition to the grounds for denial stated in CVMC 5.02.200, an application for a massage
establishment permit, holistic health establishment permit, off-premises business permit, massage
therapist permit or holistic health practitioner permit shall be denied for any of the following reasons:
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
A. The Applicant has within 10 years immediately preceding the date of the filing of the application
been convicted of any of the following offenses:
1. Any offense described in California Penal Code Section 266h, 266i, 315, 316, 318, 653.22
or 647(a), 647(b), 647(k)(1), 647(k)(2), or 647(k)(3).
2. Any offense described in California Penal Code, Part One, Title 9, Chapters 7.5 and 7.6; or
the Applicant has within five years immediately preceding the date of filing of the application
been convicted of: a charge of violating any lesser included or lesser related offense, including
California Penal Code Section 415, in satisfaction of, or as a substitute for, an original charge of
any of the offenses listed above.
3. The Applicant has been convicted of any offense which requires registration as a sex
offender under California Penal Code Section 290 or where registration pursuant to Penal Code
Section 290 was part of the imposed sentence.
B. Arrests for any of the above violations may also be grounds for denial. (Ord. 3296 § 1 (Att. A), 2014;
Ord. 3025 § 1, 2005).
5.36.160 Renewal of massage therapist or holistic health practitioner
permit.
A. Renewal of a Permit Shall Be Annual. All current massage therapists, holistic health
practitioners, off-premises massage technicians and off-premises holistic health practitioners
working in the City of Chula Vista must renew license annually.
B. Additionally, in order to renew a massage technician, holistic health practitioner, off-premises
massage or holistic health business permit, the Permittee must provide proof of 12 hours of
continuing education in massage therapy. The continuing education hours must be obtained from a
facility or organization approved by the NCBTMB, NCCAOM, or a state-approved school or any
other certification organization recognized by the Chief of Police.
C. Additionally, the Permittee must show proof that the Permittee’s national certification is current.
Proof from NCBTMB, NCCAOM, or any other certification organization recognized by the Chief of
Police is sufficient. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.165 Equipment and cleanliness requirements for massage and
holistic health establishments.
A. Disinfecting agents and sterilizing equipment must be used to ensure that any instruments used
in performing any massage are clean and safe.
B. Pads used on massage tables must be covered in a workmanlike manner with durable,
washable plastic or other waterproof material.
C. Cleanable and nonabsorbent waste containers with tight-fitting covers shall be provided for the
storing of all waste matter and shall be maintained in a clean and sanitary condition.
D. Closed cabinets or containers shall be provided for the storage of laundered towels and linens.
Nonabsorbent containers or laundry bags shall be provided for damp or soiled linen, and linen shall
be kept therein until removed for laundering.
E. All establishments shall be so equipped, maintained, and operated as to effectively control the
entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present,
effective control measures shall be instituted for their control or elimination. (Ord. 3296 § 1 (Att. A), 2014;
Ord. 3025 § 1, 2005).
5.36.170 Facilities – Required generally.
No license to conduct a massage or holistic health establishment shall be granted unless an
inspection by the City Manager reveals that the proposed establishment complies with each of the
following minimum requirements:
A. A recognizable and legible sign shall be posted at the main entrance identifying the premises as
a massage or holistic health establishment;
B. Minimum lighting shall be provided in accordance with the building code of the City and, in
addition, at least one artificial light of not less than 60 watts shall be provided in each room or
enclosure where massage services are performed on patrons;
C. Minimum ventilation shall be provided in accordance with the building code of the City;
D. Equipment approved by the health department for disinfecting and sterilizing instruments used in
performing acts of massage shall be provided;
E. Hot and cold running water shall be provided at all times;
F. Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen;
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
G. In any establishment in which massage services are rendered only to members of the same sex
at any one time, such Persons of the same sex may be placed in a single separate room or the
operators of the massage establishment may elect to place such Persons of the same sex in
separate enclosed rooms or booths having adequate ventilation to an area outside said room or
booth while massage services are being performed;
H. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum
of one tub or shower, one dressing room containing a separate locker for each patron to be served,
which locker shall be capable of being locked, and a minimum of one toilet and one wash basin shall
be provided by every massage or holistic health establishment; provided, however, that if male and
female patrons are to be served simultaneously at said establishment, a separate massage room or
rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female
patrons. Further, in those establishments where steam rooms or sauna baths are provided, if male
and female patrons are to be served simultaneously, separate steam rooms or sauna rooms shall be
provided for male and female patrons;
I. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities
for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet
and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and
toilet rooms shall be thoroughly cleaned and disinfected with a disinfectant approved by the health
department each day the business is in operation. Bathtubs shall be thoroughly cleaned and
disinfected with a disinfectant approved by the health department after each use;
J. Clean and sanitary towels and linens shall be provided for each patron of the establishment. No
common use of towels or linens shall be permitted;
K. A minimum of one separate wash basin shall be provided in each massage establishment for the
use of employees of any such establishment, which basin shall provide soap or detergent and hot
and cold running water at all times and shall be located within or as close as practicable to the area
devoted to the performing of massage services. In addition, there shall be provided at each wash
basin sanitary towels placed in permanently installed dispensers.
This section shall be construed to require minimum standards only. All applicable provisions of this
code have full force and effect. The Applicant shall be required to comply with all applicable
provisions of this code. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code
§ 9.40. Formerly 5.36.110).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.175 License or permit – Issuance prerequisites – Appeal of
denial – Transferability.
A. Any Applicant for a permit pursuant to these provisions shall present to the Police Department
the application containing the aforementioned and described information. The Chief of Police shall
have a maximum time period of 90 days in which to investigate the application and the background
of the Applicant. Based on such investigation, the Chief of Police, or his representative, shall render
a recommendation as to the approval or denial of the permit to the City Manager or his designee.
B. The Department of Building and Housing, the Fire Department and the county health officer shall
inspect the premises proposed to be devoted to the massage or holistic health establishment and
shall make separate recommendations to the City Manager or designee concerning compliance with
the foregoing provisions.
C. The City Manager, or his designee, after receiving the aforementioned and described
recommendations, shall grant a permit to the establishment if all requirements for a massage or
holistic health establishment described herein are met, and shall issue a permit to all Persons who
have applied to perform massage services unless it appears that any such Person has deliberately
falsified the application or unless it appears that the record of any such Person reveals a conviction
of a felony or a crime of moral turpitude. The City Manager or designee may recommend to the City
Council that an individual business establishment shall be subject to a public hearing and Council
approval, when in his judgment any such business establishment has an effect upon the public
health, safety or welfare of the community.
D. Any Person denied a permit by the City Manager or his designee pursuant to these provisions
shall be notified pursuant to Chapter 1.40 CVMC regarding an appeal why the permit should be
granted. The decision pursuant to Chapter 1.40 CVMC shall be final upon the Applicant. Also, the
City Council may elect on its own motion to review any determination of the City Manager granting or
denying a permit, in which case, that decision shall then constitute the exhaustion of administrative
remedy.
E. All permits issued hereunder are nontransferable; provided, however, a change of location of a
massage establishment may be permitted pursuant to the provisions herein. (Ord. 3296 § 1 (Att. A),
2014; Ord. 3025 § 1, 2005; Ord. 2790, 1999; Ord. 2718 § 1, 1998; Ord. 1312 § 2, 1970; prior code § 9.42. Formerly
5.36.130).
5.36.180 Name of business.
No Person licensed to do business as herein provided shall operate under any name or conduct his
business under any designation not specified in this permit. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1,
2005; Ord. 1312 § 2, 1970; prior code § 9.44. Formerly 5.36.150).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.190 Change of location – New application required.
A change of location of a licensed massage or holistic health establishment shall deem the permit
and license null and void. A new application shall be made by any Person, firm or entity desiring to
operate the massage or holistic health establishment in a different location in the City. (Ord. 3296 § 1
(Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1312 § 2, 1970; prior code
§ 9.45. Formerly 5.36.160).
5.36.200 Sale or transfer of business – Effect – Fee for transfer of
interest.
A. Upon the sale or transfer of any interest in a massage or holistic health establishment, the permit
and license shall be null and void. A new application shall be made by any Person, firm or entity
desiring to own or operate the massage or holistic health establishment. The required fee(s) shall be
payable for each such application involving sale or other transfer of any interest in an existing
massage or holistic health establishment. The provisions of CVMC 5.36.150 shall apply to any
Person, firm or entity applying for a massage or holistic health establishment permit for premises
previously used as such establishment.
B. Any such sale or transfer of any interests in an existing massage or holistic health establishment
or any application for an extension of the building or other place of business of the massage or
holistic health establishment shall require inspection and shall require compliance with CVMC
5.36.170. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1312
§ 2, 1970; prior code § 9.46. Formerly 5.36.170).
5.36.205 Employment of Persons not possessing permits prohibited.
It is unlawful for the holder of a license to operate a massage or holistic health establishment to
employ or otherwise allow a Person who has not obtained a valid massage technician’s or holistic
health practitioner’s permit to practice acts of massage. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005;
Ord. 1312 § 2, 1970; prior code § 9.47. Formerly 5.36.180).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.210 Records of treatment to be kept – Confidentiality required –
Disclosure deemed misdemeanor – Penalty.
Every Person, association, firm or corporation operating a massage or holistic health establishment
under a license as herein provided shall keep a record of the date and hour of each treatment, the
name and address of the patron, and the name of the technician administering such treatment. Said
record shall be open to inspection by officials charged with the enforcement of these provisions for
the purposes of law enforcement and for no other purpose. The information furnished or secured as
a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such
information by any officer or employee of the City shall constitute a misdemeanor and such officer or
employee shall be subject to the penalty provisions of this code, in addition to any other penalties
provided by law. Identical records shall be kept of treatments rendered off the business site, and, in
addition, shall describe the address where the treatment was rendered. Said records shall be
maintained for a period of two years. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970;
prior code § 9.48. Formerly 5.36.190).
5.36.220 Inspection required four times per year.
The Departments of Building Inspection, Housing, Fire, Health, and Police shall, from time to time
and at least four times each year, make an inspection of each massage establishment in the City for
the purpose of determining that the provisions of this code are met. (Ord. 3296 § 1 (Att. A), 2014; Ord.
3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.49. Formerly 5.36.200).
5.36.230 Off-premises massages – Permitted when.
It is unlawful for any Person to engage in, conduct, carry on or permit to be engaged in, conducted
or carried on the business of massage in any hotel room, motel room, guesthouse or other place of
public accommodation.
A. It is unlawful for any Persons to engage in or operate an off-premises massage or holistic health
business without an off-premises massage or holistic health business police permit.
B. Any Persons possessing an off-premises massage or holistic health business permit are also
permitted to operate as a massage therapist or holistic health practitioner.
C. Any Person desiring to operate an off-premises massage or holistic health business, but who will
not provide massage services, may obtain an off-premises massage or holistic health business
permit so long as the following conditions are met:
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
1. The Person meets the application requirements for an off-premises massage business
permit except for the education requirements.
D. This section shall not be construed to:
1. Prohibit maintaining a licensed massage or holistic health establishment upon the premises
of a place of public accommodation; or
2. Prevent the holder of a license or the holder of a permit employed by the holder of a license
issued pursuant to this chapter from giving or administering massages within hospitals,
convalescent centers, rest homes or the private home of a patron. (Ord. 3296 § 1 (Att. A), 2014; Ord.
3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.50. Formerly 5.36.210).
5.36.235 Applicability of provisions.
The provisions of this chapter shall be applicable to all Persons and businesses described herein
whether the herein described activities were established before or after January 23, 1971. (Ord. 3296
§ 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.51. Formerly 5.36.220).
5.36.240 License or permit – Grounds for suspension or revocation.
In the event that any Person holding a license or permit issued pursuant to this chapter violates or
causes or permits to be violated any of the provisions of this chapter, or any provision of any other
ordinance or law relating to or regulating said business or occupation; or conducts or carries on such
business or occupation in an unlawful manner, the City Manager may, in addition to other penalties
provided by ordinance, suspend or revoke the license or permit issued pursuant to this chapter. For
the purpose of this section, a criminal court conviction shall not be required to support a finding of a
violation of any law. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.52.
Formerly 5.36.230).
5.36.245 License or permit – Suspension, revocation or denial – Public
hearing.
Before denying, suspending or revoking a license or permit issued pursuant to this chapter, the City
Manager shall offer the Applicant or perminee a hearing as provided in Chapter 1.40 CVMC. (Ord.
3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2718 § 1, 1998; Ord. 1312 § 2, 1970; prior code § 9.53. Formerly
5.36.240).
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
5.36.250 Hearing – Notice required.
Repealed by Ord. 2718 § 1, 1998. 5.36.260 Hearing – Procedure generally.
Repealed by Ord. 2718 § 1, 1998. 5.36.270 Hearing – Rules of evidence.
Repealed by Ord. 2718 § 1, 1998. 5.36.280 Hearing – Decision of determination.
At the conclusion of the hearing, the City Manager shall make an order. Such order can:
A. Dismiss the charges;
B. Suspend or revoke the license or permit; or
C. Affix such other conditional and probationary orders as may be proper for the enforcement of
this chapter. A copy of the decision specifying findings of fact and the reasons for the decision shall
be furnished to the license or permit holder. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 1312 § 2,
1970; prior code § 9.57).
5.36.290 Effect of decision stayed when.
Repealed by Ord. 2718 § 1, 1998. 5.36.300 Hearing – Not required when – Effect.
Repealed by Ord. 2718 § 1, 1998. 5.36.310 Appeal – Petition required.
Repealed by Ord. 2718 § 1, 1998. 5.36.320 Appeal – Public hearing – Notice –
Effect of decision.
Repealed by Ord. 2718 § 1, 1998. 5.36.325 Unlawful operation declared nuisance.
Any massage establishment operated, conducted or maintained contrary to the provisions of this
chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City
Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an
action or actions, proceeding or proceedings for abatement, removal or enjoinment thereof, in the
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The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
manner provided by law. The City Attorney shall take such other steps and shall apply to such court
or courts as may have jurisdiction to grant such relief as shall abate or remove such massage
establishment and restrain and enjoin any Person from operating, conducting, or maintaining a
massage establishment contrary to the provisions of this chapter. (Ord. 3296 § 1 (Att. A), 2014; Ord. 3025
§ 1, 2005).
5.36.330 Violation – Penalty.
A. Every Person, except those Persons who are specifically exempted by this chapter, whether
acting as an individual, Owner, employee of the Owner, operator or employee of the operator, or
whether acting as a mere helper for the Owner, employee or operator, or whether acting as a
participant or worker in any way, who gives massages or conducts a massage or holistic health
establishment or room, or who does or practices any of the other things or acts mentioned in this
chapter without first obtaining a permit and paying for a license so to do from the City, or shall violate
any provision of this chapter, is guilty of a misdemeanor.
B. Any Owner, operator, manager, or Permittee in charge or in control of a massage or holistic
health establishment who knowingly employs a Person performing as a massage technician or
holistic health practitioner as defined in this chapter who is not in possession of a valid permit, or
who allows such an employee to perform, operate or practice within such a place of business, is
guilty of a misdemeanor.
C. Any massage or holistic health establishment operated, conducted, or maintained contrary to the
provisions of this chapter shall be and the same is hereby declared to be unlawful and a public
nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action
hereunder, revoke the business license pursuant to the procedure set forth in CVMC 5.36.240,
commence an action or actions, proceeding or proceedings, for the abatement, removal and
enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply
to such court or courts as may have jurisdiction to grant such relief as will abate or remove such
massage establishments and restrain and enjoin any Person from operating, conducting or
maintaining a massage or holistic health establishment contrary to the provisions of this chapter.
(Ord. 3296 § 1 (Att. A), 2014; Ord. 3025 § 1, 2005; Ord. 2256 § 3, 1988; Ord. 1312 § 2, 1970; prior code § 9.62).
5.36.340 Operative date – Grandfather clause.
All Persons holding a (A) valid massage technician permit, (B) valid holistic health practitioner
permit, or (C) an off-premises massage permit and a (A) current business tax certificate or (B) proof
of employment as a massage technician or holistic health practitioner within the City of Chula Vista
2023/01/17 City Council Post Agenda Page 96 of 501
Ch. 5.36 Massage Parlors and Holistic Health Practitioner Businesses | Chula Vista Municipal Code Page 24 of 24
The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
on November 1, 2005, will have one year from the date of adoption of the ordinance codified in this
chapter to meet the requirements contained in CVMC 5.36.150(L). (Ord. 3296 § 1 (Att. A), 2014; Ord.
3025 § 1, 2005).
The Chula Vista Municipal Code is current through Ordinance 3517, passed January 25, 2022.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users
should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited
above.
To be notified when additions, amendments, or revisions are made to the code, send your e-mail
address to (be sure to add "Chula Vista Municipal Code" in the subject line)
CPC@codepublishing.com.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company
recommends using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.chulavistaca.gov
Code Publishing Company
2023/01/17 City Council Post Agenda Page 97 of 501
2023/01/17 City Council Post Agenda Page 98 of 501
2023/01/17 City Council Post Agenda Page 99 of 501
v . 0 03 P a g e | 1
January 17, 2023
ITEM TITLE
Grant Application and Appropriation: Authorize Submittal of a State of California Permanent Local Housing
Allocation (PLHA) Grant Application, Approve an Amended Plan for Homeless-Related Services, and
Appropriate Funds
Report Number: 23-0010
Location: No specific geographic location
Department: Housing and Homeless Services
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) authorizing the 2022 annual application for funds of the Permanent Local Housing
Allocation (PLHA) grant from the State of California Department of Housing and Community Development
(HCD) and approving an amended five-year Plan to fund homeless shelter operations and associated wrap-
around services with these funds for all five years; and (B) authorizing the acceptance and appropriation of
PLHA Program Grant Funds. (4/5 Vote Required)
SUMMARY
In February 2020, the California Department of Housing and Community Development (HCD) issued a Notice
of Funding Availability under the Permanent Local Housing Allocation (PLHA) Grant Program. As an
entitlement jurisdiction, the City of Chula Vista applied for the funds in July 2020 and submitted an initial
Plan for use of the funds. The PLHA Grant Program requires annual application and additionally requires that
the City’s Plan be amended (the “Plan Amendment”) if funding priorities change. This action requests
approval of the Plan Amendment, authorization to apply for all available fund allocations, and acceptance
and appropriation of the 2019 PLHA Grant funds (agreement executed in May 2021) and all future PLHA
Grant Program funds.
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
2023/01/17 City Council Post Agenda Page 100 of 501
P a g e | 2
Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Senate Bill 2 Planning Grants Program (SB 2) was passed by California Legislature in 2017 establishing a
permanent source of funding to increase affordable housing in California. This program is funded by certain
real estate transactions and estimated to generate between $250 and $300 million annually to be distributed
among local jurisdictions throughout the State. The City of Chula Vista is an entitlement jurisdiction and is
therefore allocated a certain percentage of funding from the program per year, with an estimated 5-year
allotment of $6,356,898. In 2020, the State required that the City apply and provide a plan for how the funds
would be spent (the “Plan”). City submitted an initial application in July 2020 and submitted an initial Plan
for how the funds would be spent. In accordance with the program requirements, City is required to submit
an additional streamlined application in each of the remaining five years for funds allocated in previous
years. City’s 2022 streamlined application requesting additional PLHA fund year allocations is attached as
Attachment 1. The amount ultimately awarded to City for each allocation year depends on the amount of
State funds available. To date, the City has been awarded funding in the amount of $1,059,483 from the 2019
fund allocation; City received that 2019 allocation notice in May 2021.
The initial Plan submitted by City to HCD in July 2020 outlined the City’s intent to use the funds for 3 different
activities: 1) Bridge Shelter Operations; 2) Permanent Supportive Housing development; and 3) Accessory
Dwelling Unit financing for Chula Vista homeowners. These funding priorities were identified through public
participation for the City’s Housing Element 2021-2029 goals. The plan outlined the funding distribution as
follows:
Initial Plan Funding Allocation by Year
Activities &
Funding
Commitment
2019 2020 2021 2022 2023
Permanent
Supportive
Housing
80%
ADU
20%
Permanent
Supportive
Housing
80%
ADU
20%
Emergency
Shelter
100%
Emergency
Shelter
100%
Emergency
Shelter
100%
Since then, the City has been able to identify alternative funding methods for activities 2 and 3 through the
HOME American Rescue Plan and San Diego Association of Governments Housing Acceleration Program
funds. In addition, the City has been awarded County funding to assist with activity 1, an item that will come
before the Council in the near future, to assist with capital costs to complete the City’s first Homeless Bridge
Shelter. As a result of these changes, staff has determined that it would be appropriate to amend the City’s
initial Plan to allow for the allocation of the full PLHA Grant award amount for activities related to emergency
and transitional shelter operations and associated wrap-around services in pursuit of placing homeless
individuals and families in permanent housing.
2023/01/17 City Council Post Agenda Page 101 of 501
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As outlined in Chula Vista's Housing Element, the City intends to promote the development of a variety of
housing choices, tied to appropriate services to meet the needs of special population groups including the
homeless, those “at-risk” of becoming homeless, persons with disabilities, and seniors. With over 312
homeless persons within Chula Vista as of the 2020 Point in Time Count and 68% of those being unsheltered
and, as further detailed within the Housing Element, there is a significant gap of the number of unsheltered
within the community and the beds available for the general population of homeless.
The construction of the Bridge Shelter has already begun accruing costs in the development phase and the
additional PLHA funds are necessary for its operations in the coming year. The shelter is intended to serve
approximately 65 individuals at a time, each of these individuals having an annual income at or below 30%
of the area median income, in compliance with PLHA fund requirements. PLHA funds will be used to support
the operations of emergency and transitional housing such as the Bridge Shelter and wrap-around
supportive services which may include case management, street outreach, housing navigation, meals,
bathroom/shower and laundry facilities as well as coordinated service linkages. The Plan Amendment,
Attachment 2, now outlines funds to be used as follows:
Plan Amendment Funding Allocation by Year
Activities &
Funding
Commitment
2019 2020 2021 2022 2023
Emergency
Shelter
100%
Emergency
Shelter
100%
Emergency
Shelter
100%
Emergency
Shelter
100%
Emergency
Shelter
100%
Conclusion
There is a significant gap in services being provide to the unsheltered residents of Chula Vista. PLHA Grant
funds can be utilized to reduce this gap by providing necessary resources to individuals and families
experiencing homelessness. Dedicating 100% of PLHA funds towards emergency shelters and wrap-around
services is a commitment from the City to address the issues faced by the unhoused community and provide
much needed resources for eventual permanent housing.
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
Approval of this resolution will accept and appropriate PLHA Grant funds received in the amount of
$1,059,483 in the fiscal year 2022-23 budget to fund shelter operations and services. There is no fiscal impact
to the General Fund as a result of accepting this grant as funding for this project will come from HCD and will
completely offset the project costs.
2023/01/17 City Council Post Agenda Page 102 of 501
P a g e | 4
ONGOING FISCAL IMPACT
The PLHA Grant will be used to continue funding operations and wrap-around services for emergency
housing. Additionally, if the application is successful, these funds may provide program administration costs
of up to 5 percent. This allowable administration allocation provides funding for City staff costs that are
needed to carry out the proposed activities. It is estimated that the total 5-year allocation will be $6,356,898,
as identified below. This action further authorizes the acceptance and appropriation of future funding year
allocations.
Estimated 5-Year PLHA Allocation
Allocation Year Amount
2019 $1,059,483
2020 $1,646,765
2021 $1,812,214*
2022 *
2023 *
TOTAL ESTIMATED $6,356,898*
*Estimated or unknown at this time.
ATTACHMENTS
1. PLHA Annual Streamlined Application Submitted in 2022
2. Plan Amendment
Staff Contact: Stacey Kurz, Director of Housing and Homeless Services
Dania Gonzalez, Principal Management Analyst
2023/01/17 City Council Post Agenda Page 103 of 501
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE APPLICATION AND
ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL
HOUSING ALLOCATION PROGRAM
WHEREAS, the State of California Department of Housing and Community Development
(“Department”) is authorized to provide up to $335 million under the SB 2 Permanent Local
Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund
for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.
(Chapter 364, Statutes of 2017 (SB 2)); and
WHEREAS, the “Department” issued a Notice of Funding Availability (“NOFA”) dated
8/17/2022 and amended 10/18/22 under the Permanent Local Housing Allocation (PLHA)
Program; and
WHEREAS, the City of Chula Vista is an eligible Local government who has applied for
program funds to administer one or more eligible activities; and
WHEREAS, the Department may approve funding allocations for PLHA Program, subject
to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard
Agreement, and other contracts between the Department and PLHA grant recipients.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that if the City of Chula Vista receives a grant of PLHA funds from the Department pursuant to
the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a
manner consistent and in compliance with all applicable state and federal statutes, rules,
regulations, and laws, including without limitation all rules and laws regarding the PLHA Program,
as well as any and all contracts the City of Chula Vista may have with the Department.
BE IT FURTHER RESOLVED by the City Council of the City o f Chula Vista, that the
City of Chula Vista is hereby authorized and directed to receive a PLHA grant, in an amount not
to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the
current NOFA $6,356,898.00 in accordance with all applicable rules and laws.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
City of Chula Vista hereby agrees to use the PLHA funds for eligible activities as approved by the
Department and in accordance with all Program requirements, Guidelines, other rules and laws, as
well as in a manner consistent and in compliance with the Standard Agreement and other contracts
between the City of Chula Vista and the Department.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that
pursuant to Section 302(c)(4) of the Guidelines, the City of Chula Vista’s PLHA Plan for the 2019-
2023 Allocations is attached to this resolution (Exhibit 1), and the City of Chula Vista hereby
2023/01/17 City Council Post Agenda Page 104 of 501
adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public
hearing requirements in accordance with the Guidelines.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
City of Chula Vista shall be subject to the terms and conditions as specified in the Standard
Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published
by the Department.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
City Manager is authorized to execute the PLHA program Application, the PLHA Standard
Agreement and any subsequent amendments or modifications thereto, as well as any other
documents which are related to the Program or the PLHA grant awarded to the City of Chula Vista,
as the Department may deem appropriate.
Presented by Approved as to form by
Stacey Kurz Glen R. Googins
Director of Housing and Homeless Services City Attorney
2023/01/17 City Council Post Agenda Page 105 of 501
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ACCEPTANCE AND
APPROPRIATION OF THE PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM GRANT FUNDS
WHEREAS, the State of California Department of Housing and Community Development
(“Department”) is authorized to provide up to $335 million under the SB 2 Permanent Local
Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund
for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.
(Chapter 364, Statutes of 2017 (SB 2)); and
WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated
8/17/2022 and amended 10/18/22 under the Permanent Local Housing Allocation (PLHA)
Program; and
WHEREAS, the City of Chula Vista is an eligible Local government who has applied for
program funds to administer one or more eligible activities; and
WHEREAS, the Department may approve funding allocations for PLHA Program, subject
to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard
Agreement, and other contracts between the Department and PLHA grant recipients.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that the City Manager is authorized to accept and appropriate the 2019 P LHA allocation
and any future funding year allocations.
Presented by Approved as to form by
Stacey Kurz Glen R. Googins
Director of Housing and Homeless Services City Attorney
2023/01/17 City Council Post Agenda Page 106 of 501
2023/01/17 City Council Post Agenda Page 107 of 501
Funding will be allocated to support the operations of the homeless bridge shelter and/or other emergency housing and wrap-around supportive services, which may include case management, street outreach,
housing navigation, meals, laundry, bathroom/shower and laundry facilities as well as coordinated service linkages. Improvements include the installation of water, sewer, electrical, grading and foundation. For
the remainder of the years, funding will be allocated to support the operations of the homeless bridge shelter wrap-around supportive services with include case management, housing navigation, meals, laundry,
bathroom/shower and laundry facilities as well as coordinated service linkages.
Emergency
Shelter
Operating
and
Supportive
/Case
Manageme
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity.
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for year 2019
& 2020 only
N/A N/A 0
30% 30% 30%
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
Emergency
Shelter
Operating
and
Supportive/
Case
Managemen
§301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing.
§301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
Emergency
Shelter
Operating
and
Supportive
/Case
Manageme
Emergency
Shelter
Operating
and
Supportive
/Case
Manageme
Emergency
Shelter
Operating
and
Supportive
/Case
Manageme
TOTAL§302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30%
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity
100.00% 100.00% 100.00% 100.00% 100.00%
Funding Allocation Year 2019 2020 2021 2022 2023
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the
Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a
growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate-
income households, including necessary Operating subsidies.
§302(c)(4) Plan Rev. 5/7/21
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.
§302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income
(AMI).
Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301))
The City of Chula Vista is proposing 100% of its PLHA funding towards housing opportunities for those earning up to 30 percent of the San Diego County Area Median Income (AMI) through funding of a minimum
65 bed Bridge Shelter as well as associated wrap-around services for homeless persons. In response to the City's declaration of a shelter crisis in 2018 and the public health crisis of COVID-19, Chula Vista
intends to prioritize its PLHA funding to fund in part the operation of a Bridge Shelter that will provide an opportunity for those most vulnerable within the community safe and stable shelter. Chula Vista will
continue to seek funding for other activities as described based upon leveraging and the most efficient and effective use of various funding sources that may be available at that time. Use of PLHA funds for this
unmet housing need through beds in a Bridge Shelter is consistent with the City’s 2013-2021 Certified Housing Element.
PLHA funding will only be allocated to an activity (e.g. homeless shelter) seeking to benefit households that are homeless with household incomes at or less than 30% of the Area Median Income services and, as
such, serving the homeless meets the requirement to prioritize investments that increase the supply of housing for households with incomes at or below 60% AMI.
The City has experience in leveraging HOME funds and Housing Successor funds to support acquisition and rehabilitation and new construction projects serving households at 30% to 60% AMI that have been
funded with tax credits, Multifamily Housing Revenue bonds, State Multifamily Housing funds and other state and county funds. This existing plan will be utilized for administering PLHA funds as well. The funding
of homeless services and shelters requires the leveraging of multiple layers of financing. The City and its Housing Authority proposes to combine its available CDBG, ESG, HOME and remaining Housing
Successor funds with PLHA funds to maximize the services and beds available.
As outlined within Chula Vista's 2013 Housing Element, Objective H-6 specifically calls for the City to "promote the development of a variety of housing choices, coupled with appropriate services, to meet the
needs of special population groups, including the homeless, those “at-risk” of becoming homeless, persons with disabilities, and seniors." With over 312 homeless persons within Chula Vista as of the 2020 Point
in Time Count and 68% of those being unsheltered and as further detailed within the Housing Element there is a significant gap of the number of unsheltered within the community and the beds available for the
general population of homeless.
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people
to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
PLHA Page 1 302(c)(4) Plan2023/01/17 City Council Post Agenda Page 108 of 501
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing
development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an
affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.
§301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance.
§301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.
325
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
N/A N/A N/A N/A N/A
§302(c)(4)(E)(ii) Projected
Number of Households Served 65 65 65 65 65
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.
The homeless bridge shelter is currently under construction and is scheduled to be complete by January 2023. A qualified shelter operator has been selected and is currently under a three-year contract with the
City of Chula Vista to begin the ramp-up of the facility to prepare for incoming clients as early as January 2023.
PLHA Page 2 302(c)(4) Plan2023/01/17 City Council Post Agenda Page 109 of 501
v . 0 03 P a g e | 1
January 17, 2023
ITEM TITLE
Agreement Extension: Approve an Amendment to Extend the Alternative Dispute Resolution Agreement
Between the City and the Chula Vista Police Officer’s Association
Report Number: 23-0024
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 approving an amendment to extend the Alternative Dispute Resolution Agreement
between the City of Chula Vista and the Chula Vista Police Officer’s Association for an additional year.
SUMMARY
On December 1, 2020, the City Council adopted a Memorandum of Understanding with the Chula Vista Police
Officer’s Association (CVPOA) and approved the Alternative Dispute Resolution (ADR) Agreement,
establishing an ADR pilot program for one year. On March 1, 2022, the City Council extended the ADR
through January 12, 2023. Staff is requesting approval of an extension of the program for an additional year
to January 12, 2024.
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.
2023/01/17 City Council Post Agenda Page 110 of 501
P a g e | 2
DISCUSSION
In February 2019, the Chula Vista Police Officer’s Association (CVPOA) approached the City requesting the
implementation of a Workers’ Compensation Alternative Dispute Resolution (ADR) for claims made by the
City’s sworn police personnel. On March 17, 2020, City Council approved and authorized the addition of 0.50
full-time equivalent (FTE) in the Human Resources Department to develop, implement, and administer the
ADR pilot program. On December 1, 2020, the City Council adopted a Memorandum of Understanding with
the CVPOA and approved the ADR Agreement, establishing an ADR pilot program for one year. On March 1,
2022, the City Council extended the ADR through January 12, 2023. Staff is requesting approval of a second
extension of the program for an additional year extending the program to January 12, 2024.
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
Maximum cost for the remainder of FY2023 will be $8,000 and will be paid from available expenditure
appropriations in the City’s Workers’ Compensation Fund.
ONGOING FISCAL IMPACT
Maximum cost for FY 2024 will be $11,500 for the current extension period, to be paid from the City’s
Workers’ Compensation Fund.
ATTACHMENTS
1. Alternative Dispute Resolution Agreement between the City of Chula Vista and the Chula Vista Police
Officer’s Association Dated December 7, 2020
2. Second Amendment to Labor Management Workers’ Compensation Alternative Dispute Resolution
Agreement Between the City of Chula Vista and the Chula Vista Police Officer’s Association
Staff Contact: Courtney Chase, Director of Human Resources/Risk Management
2023/01/17 City Council Post Agenda Page 111 of 501
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN EXTENSION TO THE
ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE CHULA
VISTA POLICE OFFICER’S ASSOCIATION
WHEREAS, in February 2019, the Chula Vista Police Officer’s Association (CVPOA)
approached the City requesting the City implement a Workers’ Compensation Alternative Dispute
Resolution (ADR) for claims made by the City’s sworn police personnel; and
WHEREAS, on March 17, 2020 Council approved and authorized the addition of 0.50 full-
time equivalent (FTE) in the Human Resources Department to develop, implement, and administer
the ADR pilot program; and
WHEREAS, on December 1, 2020, the City Council adopted a Memorandum of
Understanding with the CVPOA and approved the ADR Agreement, establishing an ADR pilot
program for one year; and
WHEREAS, on March 1, 2022, the City Council adopted the First Amendment to the
Memorandum of Understanding with the CVPOA and approved the extension of the ADR
Agreement to January 12, 2023; and
WHEREAS, staff is requesting approval of an extension of the program for an additional
year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves a second extension to the Alternative Dispute Resolution agreement between the
City of Chula Vista and the Chula Vista Police Officer’s Association for an additional year to
January 12, 2024.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
2023/01/17 City Council Post Agenda Page 112 of 501
Page 1 of 8
ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
BETWEEN CITY OF CHULA VISTA AND
CHULA VISTA POLICE OFFICER’S ASSOCIATION
This Workers' Compensation Alternative Dispute Resolution Agreement
(“Agreement”) is entered into by and between the City of Chula Vista (“City”) and the
Chula Vista Police Officer’s Association (“POA”) (collectively, “parties”). This
Agreement is created pursuant to California Labor Code Section 3201.7(a)(3)(C). The
Parties, after meeting and conferring in good faith, hereby agree to the following:
Nothing in this Agreement diminishes the entitlement of a covered employee to
compensation payments for total or partial permanent disability, total or partial
temporary disability, or medical treatment fully paid by the employer as otherwise
provided for in Division 4 of the California Labor Code (“Workers’ Compensation
Law”), nor to California Labor Code Section 4850 benefits. Nothing in this Agreement
denies to any covered employee or the City the right to representation by counsel at all
stages during this alternative dispute resolution process.
Article I: Purpose/Joint Labor Management Committee
A. The purpose of the Agreement is to provide Covered Employees, as defined in
Article III, paragraph A below, claiming compensable injuries under Workers’
Compensation Law, with an alternative dispute resolution process with the intent of
expeditiously resolving disputes.
This purpose will be achieved by utilizing an exclusive list of agreed-upon
medical providers (“Independent Medical Evaluators” or “IMEs”) to be the sole and
exclusive source of medical evaluations for disputed issues surrounding covered
employees in accordance with California Labor Code Section 3201.7(a)(3)(C).
B. The City and POA agree to form a Joint Labor Management Committee
(“JLMC”). This committee will be comprised of two (2)to three (3) City staff members
to be determined and designated City in writing to the POA by the Human Resources
Director and two (2) to three (3) POA representatives to be determined and designated
in writing to the City by the POA President.
The purpose of the JLMC is to develop and maintain a list of the exclusive
Independent Medical Examiners, develop policy and procedures of the Alternative
Dispute Resolution program; to review implementation and the progress of the
program and address any issues at time frames agreed to by the committee; and to
ensure that the program terms and conditions are administered in harmony with this
Agreement. Additionally, the JLMC shall quarterly and prior to the termination of this
Agreement review claims data for claims administered prior to the implementation of
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this Agreement with claims data for claims administered under the provisions of this
Agreement to examine the effectiveness of this program.
Article II: Term of Agreement
The parties understand that this Agreement governs a pilot program and that
this Agreement shall become effective on or after January 1, 2021 after it is approved by
the Chula Vista City Council, executed by the parties, submitted to the Administrative
Director (“Director”) of the State of California, Department of Industrial Relations,
Division of Workers’ Compensation, in accordance with Title 8, California Code of
Regulations, Section 10202(d), and accepted by the Director as evidenced by the
Director’s letter to the parties indicating approval of the Agreement. This Agreement
shall remain in effect for one year from the date of the Director’s letter of approval to
the parties. Any claim arising from an industrial injury that is covered by this
Agreement and sustained before the termination of this Agreement shall continue to be
covered by the terms of this Agreement, until all medical issues related to the pending
claim are resolved.
The parties reserve the right to terminate this A greement during the term of this
Agreement at any time for good cause, by mutual agreement, or by act of the
Legislature. The terminating party must give at least 30 calendar days written notice to
the other party of the intent to terminate, including an explanation of the good cause.
Upon termination of this Agreement, the parties shall become fully subject to the
provisions of the applicable California Labor Code provisions.
Article III: Scope of Agreement
A. This Agreement applies only to injuries, as defined by Workers’
Compensation Law, claimed by the following (referred to herein collectively as
“Covered Employees”): (1) active City employees who represented by the POA
bargaining group and (2) active City employees whose classification is represented by
the POA, who have filed a claim, and are in the ADR program, but subsequently retire
before the claim is resolved.
B. Active employees with an existing claim filed prior to the effective date of
this agreement (pre-existing claim) that have not already had a medical-legal evaluation
under the State’s AME/QME system may request to resolve their claim under the
provisions of this agreement. Such requests should be made in writing to the City’s
third-party claims administrator (TPA). The decision to accept a pre-existing claim into
the alternative dispute resolution program will lie with both the City and the POA. If a
request is made to utilize the alternative dispute resolution program for a pre-existing
claim and that request is approved, all future disputes on said claim must be resolved
according to the provisions of this agreement. Use of the alternative dispute resolution
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program may not be used to relitigate previously resolved or adjudicated issues. The
scope of this agreement does not apply to retirees that have a future medical dispute
that is outside the five-year statute of limitations or Labor Code Section §5804.
C. Injuries occurring and claims filed after termination of this Agreement are
not covered by this Agreement.
D. This Agreement is restricted to 1) establishing an exclusive list of IMEs to
be used for medical dispute resolution of covered employees, and 2) establishing a
process for informal legal discovery in accordance with Article V. For purposes of this
Agreement, a “claimed injury” is one for which either a Workers’ Compensation Claim
Form DWC-1 or an Application for Adjudication of Claim has been filed with the
Workers’ Compensation Appeals Board (“WCAB”).
Article IV: Expedited Independent Medical Evaluator Process
A. This Agreement does not constitute a Medical Provider Network
(“MPN”). However, all covered employees must utilize the City’s MPN, if applicable,
for treatment purposes during the time the City maintains and utilizes the MPN. The
MPN is governed by California Labor Code Section 4616 et seq and the City’s TPA will
provide authorization for all initial medical treatment consultations and medical
treatment consistent with the Labor Code. Physicians who act as a covered employee’s
treating physician or have provided treatment to the covered employee shall not act as
the IME in the covered employee’s claim. Pre-designation of a physician must comply
with the requirements set forth in California Labor Code Section 4600(d)(1)-(2)(C).
B. All covered employees with a disputed medical issue as described in
Article IV, paragraph D below must be evaluated by an approved physician from the
exclusive list of IMEs. Attached hereto as Exhibit A is the exclusive list of IMEs agreed
upon by the parties. Should the covered employee claim injuries requiring more than
one IME specialist, the covered employee shall be provided an IME appointment in
each area of specialty, if necessary. If the IME requires the opinion of an additional sub-
specialist, the IME shall advise the claims examiner, who shall then select an approved
medical provider in the requested specialty from the agreed-upon IME list. The IME
may not refer the covered employee to the covered employee’s treating physician for
this purpose. The consulting sub-specialist’s charges are subject to the Official Medical
Fee Schedule promulgated by the California Division of Workers’ Compensation
administrative director.
C. The exclusive list of IMEs shall include the IMEs’ respective specialties as
agreed upon by the parties. If an IME for a specialty is not listed on the
aforementioned list, the JLMC shall identify an IME for said specialty by mutual
agreement.
D. An IME shall be used for all medical disputes that arise in connection with
a workers’ compensation claim including, but not limited to, determination of
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causation, the nature and extent of an injury, a Rolda analysis (if applicable), the nature
and extent of permanent disability and apportionment, work restrictions, ability to
return to work (including transitional duty), resolution of all disputes arising from
utilization review (UR), and future medical care, including the need for spinal surgery.
The parties agree that the covered employee shall use the originally chosen IME for all
subsequent disputes and injuries claimed arising under this Agreement. In the event
that said IME is no longer available, the parties shall utilize the next specialist on the list
pursuant to Article IV, paragraph I(5) below.
E. The IME process described above will be triggered when either party
provides the other written notice of an objection in connection with any issues set forth
in Article IV, paragraph D above. A delay letter to the claim gives the covered
employee the basis to file a written objection thereby triggering the IME process. A
delay letter without objection, will not automatically trigger the IME process. Objections
from the City shall be sent to the covered employee with a copy to the covered
employee’s legal representative, if represented, and if the covered employee/legal
representative gives notice to the City that the covered employee is represented.
Objections from the covered employee or covered employee’s legal representative shall
be sent to the covered employee’s assigned claims examiner with a copy to the City and
City’s legal representative, if applicable.
F. Objections shall be sent within 30 calendar days of receipt of a medical
report addressing any of the issues set forth above. Delayed decisions based on legal
issues shall not trigger the IME process. A subsequent acceptance of the claim and/or
resolution of the disputed issue may eliminate the need for completion of the IME
process set forth in this Agreement.
G. The exclusive list of IMEs shall serve as the exclusive source of medical
evaluations for all disputed medical issues arising from a claimed injury, unless
otherwise agreed to by the parties in writing.
H. The parties hereby agree that from time to time the exclusive list of IMEs
may be amended. For either party to propose adding an IME to the exclusive list of
IMEs, the party must provide notice, in writing, to the other party of its request to add a
physician to the list. The parties must mutually agree in writing to the addition of
physicians to the IME list. A physician may only be deleted from the exclusive list of
IMEs if that physician breaches the terms and conditions of his/her contract with the
City or by written mutual agreement of the parties. The exclusive list of IMEs shall be
reviewed quarterly, or as otherwise agreed upon, by both parties for proposed
additions and/or deletions of IMEs. Any physician proposed for addition or deletion
after the quarterly review period will be reviewed at the next scheduled quarterly
review period.
I. Appointments
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1.The City’s Third-Party Administrator (“TPA”) shall schedule any
appointment(s) between the IME and covered employee and provide notice of
the appointment(s) to the covered employee within 10 business days after the
receipt of the objection and when all relevant records have been received by the
TPA. The notice of the appointment shall include the location, date, and time of
the appointment.
2. The covered employee shall be responsible for providing the City’s
TPA with his/her work schedule prior to an appointment being made, so that
appointments can be made, if possible, during a covered employee’s non-
working hours.
3. Compensation for attending medical appointments under this
Agreement shall be consistent with California Labor Code requirements.
4.Mileage reimbursement to covered employees shall be in accordance
with California Labor Code Section 4600(e)(2) unless transportation is provided
by the City.
5.For purposes of appointments, the City’s TPA shall select the IME(s) by
starting with the first name listed on the exclusive list of IMEs within the
appropriate specialty, and continuing down the list, in order, until the list is
exhausted, at which time the City’s TPA will resume using the first name on the
list. Said list of IMEs shall be organized in alphabetical order by the IMEs’ last
names. IMEs that cannot meet the appointment timeframes designated in the
Physician Contract shall be bypassed for the next available IME on the list. The
TPA will maintain a log of the number of disputed claims, the type of disputes,
the type of body part claimed, the time frames for setting IME appointments and
receiving the IME report and the dispute outcomes.
6. The IME shall submit the medical reports 30 calendar days following
examination of the covered employee, pursuant to the terms of the IME’s
contract, unless a longer period of time is agreed to by the parties.
J. The City is not liable for the cost of any medical examination used to
resolve disputes governed by this Agreement where said examination is furnished by a
medical provider that is not authorized by this Agreement. Medical evaluations shall
not be obtained outside of this Agreement for disputes covered by this Agreement,
notwithstanding California Labor Code Section 4605.
K. Both parties shall be bound by the opinions and recommendations of the
IME selected in accordance with the terms of this Agreement, subject to legal challenges
brought by the parties, before the WCAB.
L. Either party who receives records prepared or maintained by the treating
physician(s), or records, either medical or nonmedical, that are relevant to the
determination of the medical issue, shall serve those records on the other party
immediately upon receipt. If a party objects to the provision of any nonmedical
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record(s) to the IME, the party shall object within 10 calendar days of the service of
record(s) to the other party. Objecting to the provision of nonmedical records may
result in the denial of the claim on the basis that the IME did not have complete and
accurate information. There shall be no objection to the provision of medical records to
the IME, subject to the provisions of the California Labor Code.
M. The City’s TPA shall provide to the IME records prepared or maintained
by the covered employee’s treating physician(s) and medical and nonmedical records
relevant to the determination of the medical issue(s). The City’s TPA shall prepare a list
of all documents provided to the IME and shall serve a copy of the list on the covered
employee and/or on his/her legal or other representative.
N. All communications with the IME shall be in writing and shall be served
on the opposing party. This provision does not apply to routine discussions between
the covered employee and the IME during the examination but may be reported in the
IME’s report.
O. Ex parte communication with the IME is prohibited. If a party or their
legal representative communicates with the IME in violation of paragraph N and/or O
of Article IV, the aggrieved party may elect to terminate the medical evaluation and
seek a new evaluation from the next IME chosen from the exclusive list of IMEs
pursuant to Article IV, paragraph I(5) above. If a new examination is required, the
party making the communication prohibited herein shall be liable for the cost of the
initial medical evaluation.
P. If either party disputes a medical finding of the IME, they shall notify the
other party of this dispute by way of written objection within 14 calendar days of actual
receipt of the IME’s report. All disputes of this nature shall be resolved either by way of
supplemental interrogatory and report or by way of deposition.
Q. If additional records are discovered either prior to the IME report or after
the IME report is sent to the parties, the following procedures will be followed, subject
to objection as set forth in Article IV, Paragraph L above: (1) if discovered prior to the
IME report being sent to the parties, such records will be provided to the IME and the
IME report will consider the records as part of the report; or (2) if discovered after the
IME report is sent to the parties, such records will be provided to the IME doctor and a
supplemental report will be issued with the records being considered.
Article V: Discovery
A. Covered employees will cooperate and provide the City’s TPA with fully
executed medical, employment and concurrent employment releases, disclosure
statements, and any other documents and information reasonably necessary for the City
to resolve the covered employee’s claim, when requested, subject to the limitations set
forth in the CCP and Labor Code. If the covered employee fails to return the executed
releases and it is determined that the medical information is not sufficient for the IME to
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provide a comprehensive evaluation, the parties shall meet to resolve the issue(s) within
14 calendar days prior to setting a medical evaluation. This Article does not supplant or
diminish the parties’ rights to pursue or contest discovery issues pursuant to the
remedies provided in the California Labor Code or by the WCAB.
B. This Agreement does not preclude a formal deposition of a covered
employee or IME when necessary pursuant to the right of discovery in accordance with
applicable provisions of law. The need for a formal deposition may delay the
scheduling of an appointment with an IME until the deposition has been completed.
Attorney’s fees for depositions of covered employees shall be paid at a rate consistent
with California Labor Code Section 5710. This rate of reimbursement for attorney’s fees
for depositions of covered employees is subject to an annual review to determine if
adjustments to said rate of reimbursement should be made. There shall be no attorney’s
fees for depositions of IMEs or other physicians. The current rate will be $375/ hour.
Article VII: General Provisions
A. This Agreement constitutes the entire understanding of the parties and
supersedes all other agreements, oral or written, with respect to the subject matter in
this Agreement.
B. This Agreement shall be governed and construed pursuant to the laws
of the State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of the
City of Chula Vista, State of California, or any other appropriate court in such City.
C. This Agreement, including all attachments and exhibits, shall not be
amended, nor any provisions waived, except in writing signed by the parties which
expressly refers to this Agreement.
D. If any portion of this Agreement is found to be unenforceable or illegal the
remaining portions shall remain in full force and effect.
E. This Agreement may be executed in counterparts.
F. Notice required under this Agreement shall be provided to the parties as
follows:
CITY: Courtney Chase
Director of Human Resources/Risk Management
City of Chula Vista
POA: John A. Ferrone, Esq.
Adams, Ferrone & Ferrone
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Executed at San Diego, California.
CITY OF CHULA VISTA:
By: __
Date: ______________________________________
CHULA VISTA POLICE OFFICER’S ASSOCIATION:
By: __
Date: ______________________________________
APPROVED AS TO FORM:
By: __
City Counsel
Date: ______________________________________
Courtney Chase, Director of Human Resources/Risk Management
David Martinez
Mary Casillas Salas, Mayor
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12/7/2020
12/7/2020
12/7/2020
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SECOND AMENDMENT TO LABOR MANAGEMENT
WORKERS’ COMPENSATION ALTERNATIVE DISPUTE
RESOLUTION AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE CHULA VISTA POLICE OFFICERS
ASSOCIATION
This Second Amendment (“Second Amendment’) shall update the existing language related to
the Alternate Dispute Resolution Agreement (“Agreement”) that is currently in effect by and
between the City of Chula Vista (“City”) and the Chula Vista Police Officer’s Association
(“CVPOA”), pursuant to California Labor Code Section 3201.7(a)(3)(c) as follows:
1. Pursuant to this Second Amendment, the parties herein agree to extend the terms and
conditions of the Labor-Management Agreement- ADR MOU for another year to January 12,
2024.
2. All other terms and conditions of the Agreement not modified by the First and this Second
Amendment shall remain in full force and effect.
__________________________________ _________________
David Oyos Date
President, Chula Vista POA
__________________________________ _________________
Courtney Chase Date
Director of Human Resources
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v . 0 03 P a g e | 1
January 17, 2023
ITEM TITLE
Grant Application: Approve a Joint Application with the City of San Diego for a Waste Tire Abatement Grant
and Authorize the City of San Diego to Execute All Grant-Related Documents and Grant Activities
Report Number: 22-0310
Location: No specific geographic location
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15309 Class 9 (Inspections) and Section 15061(b)(3).
Recommended Action
Adopt a resolution approving a joint application for grant funding for waste tire abatement up to $500,000
with the City of San Diego and authorizing the City of San Diego to execute all grant-related documents and
grant activities.
SUMMARY
The California Legislature enacted comprehensive requirements for the storage and disposal of waste tires
that authorized California Department of Resources Recycling and Recovery (CalRecycle) to regulate waste
tire collection requirements and remediation where public health and safety and the environment may be at
risk. CalRecycle has delegated the responsibility for the administration of the enforcement compliance and
surveillance activities at waste tire facilities to local solid waste enforcement agencies. To ensure a stable
source of funding for these activities, CalRecycle provides a non-competitive Waste Tire Enforcement Grant
program of which the City of San Diego-Solid Waste Local Enforcement Agency (LEA) is a lead agency for this
program in San Diego County who proposes to apply for grant funding in cooperation the City of Chula Vista
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 15309, Class 9 (Inspections) and Section 15061(b)(3) because it
can be seen with certainty that there is no possibility that the activity in question may have a significant effect
on the environment. Thus, no further environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
California is faced with the significant challenge of diverting or safely managing more than 51 million
reusable and waste tires generated each year. It is estimated that fewer than 25,000 waste tires remain in
stockpiles throughout California. These stockpiles pose a potential threat to public health, safety, and the
environment.
California Public Resources Code 42961.5 required CalRecycle to develop a Uniform Waste and Used Tire
Manifest System, its purpose is to provide accountability for the monitoring the movement of waste tire loads
generated and transported within California. Discrepancies are actively investigated and if necessary,
regulations are strictly enforced. The maximum civil penalties for violations of the waste tire handling and
manifesting requirements is $25,000 per violation per day as described in Public Resources Code Section
42962, and administrative penalties are $5,000 per violation per day. CalRecycle has delegated the
responsibility for the administration of the enforcement compliance and surveillance activities at the waste
tire storage facilities like local repair shops to the local solid waste enforcement agencies. The central
objective of facility, site and hauler inspections is to achieve compliance through oversight and education to
the greatest extent possible and to provide accurate information for the entry into a statewide database.
Inspections may be performed by CalRecycle staff or by local agencies with the assistance of grant funds
made available.
To ensure a stable source of funding for these activities, CalRecycle provides a non-competitive Waste Tire
Enforcement grant program. Each year there is approximately six million dollars available for the grant
program. Eligible applicants may request up to a total of $500,000. To be eligible for grant money the
application must have 50 or more waste tires sites in its jurisdiction and must be either a Local Enforcement
Agency, an Environmental Health Agency and a Code Enforcement Agency.
The City of San Diego Local Enforcement Agency has been operating a Waste Tire Enforcement program for
over a decade and since the City of Chula Vista does not meet all the eligibility requirements to apply for
funding on their own, the City of San Diego invited our city to partner for this round of grant funding. The
grant proposal intends to use the funding to perform initial inspections and follow-up inspections for all
waste tire facilities like local repair shops located within its partner jurisdiction.
The City of San Diego has agreed to perform waste tire activities on behalf of the City of Chula Vista.
Approving this resolution authorizes the City of San Diego to execute all grant-related documents, including,
but not limited to, applications, payment requests, agreements, and amendments necessary to secure grant
funds and to implement and carry out the purposes specified in the grant application . Grant activities will
include inspections to waste tire generating facilities, providing education and outreach as well as covering
a portion of disposal costs of illegally disposed tires in the public right-of-way.
DECISION-MAKER CONFLICT
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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.).
CURRENT-YEAR FISCAL IMPACT
There is no current impact to the General Fund as a result of applying for and accepting this grant and
implementing the work; no matching funds are required.
ONGOING FISCAL IMPACT
There is no ongoing impact to the General Fund as a result of applying for and accepting this grant and
implementing the work; no matching funds are required.
ATTACHMENTS
Attachment A: Grant Application Guidelines and Instructions
Attachment B: Grant Terms and Conditions
Attachment C: Grant Procedures and Requirements
Staff Contact: Manuel Medrano, Environmental Services Manager
2023/01/17 City Council Post Agenda Page 124 of 501
RESOLUTION NO. 2023-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE CITY OF SAN
DIEGO TO SUBMIT A COLLABORATIVE REGIONAL
GRANT APPLICATION FOR LOCAL GOVERNMENT
WASTE TIRE ENFORCEMENT, EXECUTE GRANT-
RELATED DOCUMENTS, AND CONDUCT RELATED
ACTIVITIES
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources
Recycling and Recovery (CalRecycle), to administer various grant programs (grants) in furtherance of
the State of California’s (state) efforts to reduce, recycle, and reuse solid waste generated in the state,
thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, funds are allocated and available from CalRecycle for grants to cities, counties, and
cities and counties with regulatory authority within the city and county government to perform
enforcement/compliance and surveillance activities of entities and/or individuals involved with the
waste tire industry; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish necessary
procedures governing the application, awarding and management of the grants; and
WHEREAS, procedures established by the state and CalRecycle require each Applicant’s
governing body to certify by resolution its approval of the submittal of grant application to CalRecycle;
and
WHEREAS, the City of San Diego has agreed to perform waste tire activities on behalf of the City
of Chula Vista.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it
authorizes the City of San Diego to submit to CalRecycle a Collaborative Application for the Local
Government Waste Tire Enforcement Grant, Fiscal Year 2022/23 on its behalf.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes
the City of San Diego to execute all grant-related documents, including, but not limited to, applications,
payment requests, agreements, and amendments necessary to secure grant funds and to implement and
carry out the purposes specified in the grant application ; provided that grant-related documents that
create obligations on behalf of the City of Chula Vista must be first approved in writing by the City
Manager or designee.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes
the City of San Diego to conduct waste tire enforcement activities within the jurisdictional boundaries
of the City of Chula Vista during the term of the Fiscal Year 2022/23 Local Government Waste Tire
Enforcement Grant.
Presented by Approved as to form by
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___________________________ ________________________
Eric C. Crockett Glen R. Googins
Deputy City Manager City Attorney
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Applications Guidelines and Instructions
Local Government Waste Tire Enforcement (TEA) Grant Program, (FY 2022–23) 1
November 2022
Department of Resources Recycling and Recovery
Local Government Waste Tire
Enforcement (TEA) Grant Program
Application Guidelines and Instructions
Cycle 30, Fiscal Year 2022–23
2023/01/17 City Council Post Agenda Page 127 of 501
Applications Guidelines and Instructions
Local Government Waste Tire Enforcement (TEA) Grant Program, (FY 2022–23) 2
Table of Contents
Grant Cycle Overview ................................................................................................... 3
Timeline ........................................................................................................................ 3
Eligible Applicants ........................................................................................................ 4
Managing Entity ............................................................................................................ 4
New Applicants ............................................................................................................. 4
Reapplying Grantees .................................................................................................... 4
Collaborative Application .............................................................................................. 5
Individual Application .................................................................................................... 6
Eligible Projects/Products ............................................................................................. 6
Available Funds ............................................................................................................ 7
Determining Maximum Awards ..................................................................................... 7
Grant Term ................................................................................................................... 7
Eligible and Ineligible Costs .......................................................................................... 7
Public Records Requests ............................................................................................. 8
Confidentiality ............................................................................................................... 8
Application Instructions.............................................................................................. 10
Application Access ..................................................................................................... 10
GMS Tabs - Application Contents and Instructions .................................................... 10
Summary Tab .......................................................................................................... 10
Applicant/Participant Tab ......................................................................................... 11
Detail Tab ................................................................................................................ 11
Contacts Tab ........................................................................................................... 11
Budget Tab .............................................................................................................. 12
Documents Tab ....................................................................................................... 12
Application Submittal and Deadline ............................................................................ 12
Application Documents............................................................................................... 14
Electronic and Original Signatures ............................................................................. 14
CalRecycle Documents .............................................................................................. 14
Application Certification ........................................................................................... 14
Budget ..................................................................................................................... 14
TEA Staff Roster ...................................................................................................... 15
Applicant’s Documents ............................................................................................... 15
Indirect Cost Allocation Plan .................................................................................... 15
Pilot Internship Documents ...................................................................................... 15
Applicant’s Required Authorization Documents .......................................................... 16
Individual Application Authorization Documents: ..................................................... 16
Collaborative Application Authorization Documents: ............................................... 16
Letter of Designation ............................................................................................... 17
Letter of Permission ................................................................................................. 18
Grant Review and Award Process ............................................................................. 19
Grant Application Review Process ............................................................................. 19
Grant Award Process.................................................................................................. 19
Grant Award Conditions.............................................................................................. 19
Grant Program Administration ................................................................................... 21
Grant Agreement ........................................................................................................ 21
Reporting Process ...................................................................................................... 21
Payment Request Process ......................................................................................... 21
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Applications Guidelines and Instructions
Local Government Waste Tire Enforcement (TEA) Grant Program, (FY 2022–23) 3
Grant Cycle Overview
The Department of Resources Recycling and Recovery (CalRecycle) offers the Local
Government Waste Tire Enforcement Grant Program pursuant to Section 42889(b)(4) of
the Public Resources Code. The purpose of the grant is to provide sufficient, stable,
and non-competitive funding to California jurisdictions for the enforcement of waste tire
permitting, hauling and storage laws.
This resource document provides applicants with instructions to access and complete
the application online and information about grant administration. The web-based
application is in CalRecycle’s Grants Management System (GMS)
(https://www.calrecycle.ca.gov/Funding/GMS/). The applicant will need to sign in to
GMS to complete and submit an application.
Note: The following terms used in this document are defined below, unless the context
clearly indicates otherwise:
• “Applicant” refers to either the legal name of the entity that is legally responsible
for grant administration and any entity that will receive and control grant funded
equipment, if awarded, or to a person who is completing an application on behalf
of the Applicant (this is usually the primary contact listed on the application, but
could also be the secondary contact, signature authority, or consultant).
• “You” refers to a person who is completing the application on behalf of the
Applicant.
Timeline
December 13, 2022: Application Due Date
• Applicants must submit applications in GMS by 11:59 p.m. on this date.
• Customer service will be available until 4:00 p.m. on this date.
January 17, 2023: Secondary Due Date
• Approved Resolution(s) must be uploaded in GMS by this date if it was not
submitted with the application. (Pilot Internship grant is not subject to this
requirement)
February/March 2023 (tentative): Grants Awarded
• CalRecycle considers funding recommendations, and if approved, conditionally
awards grants during this month.
For milestones that take place during the grant term, refer to the Procedures and
Requirements document.
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Eligible Applicants
Eligible applicants: city, county, or city and county that work closely with a managing
entity to implement and oversee the program.
Managing Entity
All applicants must designate a managing entity to implement and oversee the Program.
The managing entity must be one of the following:
• A Local Enforcement Agency.
• An Environmental Health Agency, department, office, etc.
• A Code Enforcement Agency, department, office, etc.
• An agency, department, or office, which has inspection and code enforcement
authority, experience, and capability.
New Applicants
New applicants are those cities or counties that did not receive a TEA grant award for
Fiscal Year (FY) 2021–22 (TEA29 cycle). New applicants must meet the following
requirements at the time of application:
• Counties must have 50 or more active1 businesses in their jurisdictions with Tire
Program Identification (TPID) numbers.
• Cities must have 100 or more active1 businesses in their jurisdictions with TPID
numbers.
New applicants that are under the jurisdiction of an existing TEA grantee that are also
applying for a TEA grant may apply for this grant only if the new applicant:
• Meets the eligibility requirements of this program.
• Notifies the existing grantee and CalRecycle in advance of its intent to apply.
• Meets with the existing grantee and CalRecycle.
• Demonstrates that complementary services are needed in its jurisdiction(s).
Reapplying Grantees
Reapplying grantees are applicants that received a grant award in FY 2021–22 (TEA29
cycle). Reapplying grantees must meet the following TPID number requirements:
• Counties must have 50 or more active1 businesses in their jurisdictions with TPID
numbers.
• Cities must have 100 or more active1 businesses in their jurisdictions with TPID
numbers.
The city, county, or city and county is eligible to apply for a TEA grant if it satisfactorily
performed in accordance with its TEA28 Grant Agreement, including, but not limited to,
the Terms and Conditions, Procedures and Requirements, Inspection Priority Work
Plan, and Budget. CalRecycle will use joint field inspections and other performance
measures to determine if a reapplying grantee has satisfactorily performed in the TEA28
grant cycle.
1 “Active" means the Business Status is "Active" in CalRecycle's Waste Tire
Management System (WTMS).
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Listed below are examples of performance measures and standards that may be
reviewed to determine if a reapplying grantee performed satisfactorily in prior grant
cycles.
• Expended at least 80 percent of awarded funds on eligible and approved items
and activities.
• Completed at least 80 percent of inspections estimated in the application in
accordance with the Inspection Priorities as described in the Procedures and
Requirements.
• Submitted complete Progress Reports, Payment Requests, and other required
grant documents by the due dates.
• Attended all mandatory training.
• Complied with all requirements of the Grant Agreement.
CalRecycle staff will work closely with reapplying grantees that did not perform
satisfactorily. If a reapplying grantee did not perform satisfactorily, staff may
recommend that no award be granted for FY 2022–23 (TEA30).
Collaborative Application
Two or more eligible entities may agree to submit a Collaborative Application. A
Collaborative Application requires one of the eligible entities to act as the Lead
Collaborative Jurisdiction (Lead) and the other entities will be Participating Collaborative
Jurisdiction(s). Under a Collaborative Application, a Participating Jurisdiction grants
permission for the Lead to perform waste tire enforcement activities in its jurisdiction. If
a jurisdiction is a Participating Collaborative Jurisdiction(s) in a Collaborative
Application, it may not apply individually. The following examples describe requirements
for the different types of Collaborative Applications:
• County/County
Two or more counties agree to collaborate. The counties agree that one county
will submit a Collaborative Application for a TEA grant as the Lead with the other
county/counties listed as a Participating Jurisdiction(s) on the application. The
Lead will perform waste tire enforcement activities in the Participating
Jurisdiction(s). All members of a collaborative application must submit a
resolution from their governing body. An application for the Internship Pilot grant
must be submitted as a County/County collaborative application. The resolution
for this special program is not subject to the secondary due date requirement if
additional time is needed to complete this requirement.
• Cities within the Same County
Two or more cities within the same county agree to collaborate. The cities agree
that one city will submit a Collaborative Application for a TEA grant as the Lead
with the other city/cities listed as Participating Jurisdiction(s) the application. The
Lead will perform waste tire enforcement activities in the Participating
Jurisdiction(s). Both the Lead and the Participating Jurisdiction(s) are required to
submit resolutions.
• Cities Collaborating with a Different County or with a City in a Different
County
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A county may also collaborate with a city from an adjacent county. If a city is not
receiving waste tire enforcement services from the county in which it is located,
the city may collaborate with another county or a city outside of its county. Both
the Lead and the Participating Jurisdiction(s) are required to submit resolutions.
In addition, the Lead must obtain a Letter of Permission from the County
Administrator's Office of the county in which enforcement action will be taken.
See Application Documents, Resolution for Collaborative Applicants, and Letter of
Permission sections, for further information on different Collaborative Application
requirements.
Note: An incorporated city that is not an active TEA grantee does not need to become a
Collaborative Jurisdiction with its own county when the county is a TEA grantee and
conducts inspections on the city’s behalf.
Individual Application
An Individual Application is one in which a single eligible entity will be responsible for
grant implementation. The applicant in an Individual Application will be responsible for
the performance of the grant and all related documentation. In addition, the applicant
will be the only entity receiving any real or personal property that is purchased with
grant funds.
Eligible Projects/Products
CalRecycle is responsible for performing all activities related to enforcing waste tire
permitting, hauling, and storage laws and regulations. When a local jurisdiction
receives a TEA grant and becomes a grantee, it is authorized to enforce waste tire laws
and regulations under CalRecycle's authority, not its own. Some grantees or managing
entities have authority as Local Enforcement Agencies or code enforcement agencies;
however, that authority is not applicable to the waste tire enforcement program.
County grantees may perform waste tire activities in the following areas:
• The unincorporated area of its own county.
• The incorporated areas of all cities within the boundaries of the county that are
not TEA grantees nor Participating Collaborative Jurisdictions on any other
jurisdiction's TEA grant application.
• The unincorporated and incorporated area of any Participating Collaborative
Jurisdiction(s).
City grantees may perform waste tire activities in the following areas:
• The incorporated area of its own city.
• The unincorporated and incorporated areas of any Participating Collaborative
Jurisdiction(s).
City and county grantees may perform waste tire activities in the following areas:
• The unincorporated and incorporated areas of its own city and county.
• The unincorporated and incorporated areas of any Participating Collaborative
Jurisdiction(s).
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Available Funds
• $6,050,000 is available for this grant cycle, Fiscal Year 2022-23, subject to
funding availability.
• Applicants may request the maximum award amount allowed for their qualifying
populations. The maximum award for any applicant is:
o $350,000 for applicants with qualifying populations of 1 to 900,000.
o $500,000 for applicants with qualifying populations of 900,001 to 2,000,000.
o $650,000 for applicants with qualifying populations of 2,000,001 or more.
A one-time Supplemental Grant may be awarded for the purpose of implementing an
Internship Program to conduct TEA Inspections in a collaborating County. The amount
of the Supplemental grant shall be dependent on the availability of funds and the
proposed scope of work, and shall be up to $350,000
Determining Maximum Awards
Qualifying populations for maximum award amounts are determined using population
data published in the California Department of Finance report, E-1 Population Estimates
for Cities, Counties and the State with Annual Percent Change
(https://dof.ca.gov/Forecasting/Demographics/estimates-e1/). This report is generally
published in May of each year.
The following is a description of how an applicant's qualifying population is determined:
For a county applicant, the qualifying population includes all the following:
• The population of the unincorporated area of the applicant county and the
population of all incorporated cities within the boundaries of the county that are
not included on any other TEA application.
• The population of the unincorporated and incorporated areas of any Participating
Collaborative Jurisdiction(s).
For a city applicant, the qualifying population includes all the following:
• The population of the incorporated area of the applicant city.
• The population of the unincorporated and incorporated areas of any Participating
Collaborative Jurisdiction(s).
For a city and county applicant, the qualifying population includes all the following:
• The population of the unincorporated and incorporated areas of the applicant city
and county.
• The population of the unincorporated and incorporated areas of any Participating
Collaborative Jurisdiction(s).
Grant Term
The Grant Term begins June 30, 2023. The Grant Term ends on September 30, 2024.
For detailed information about requirements within the grant term, refer to the
Procedures and Requirements document.
Eligible and Ineligible Costs
Grantees may incur eligible costs only during the Grant Term. For detailed information
about eligible and ineligible costs, refer to the Procedures and Requirements document.
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Public Records Requests
CalRecycle’s policy is to make records requested by the public promptly available in
accordance with the laws governing disclosure of records and information to the public.
In general, all records in the possession of a state agency are public records subject to
disclosure, unless a law provides that a particular kind of record or information is not a
public record or is exempt or prohibited from disclosure.
Upon request, the entire contents of the submitted application are subject to public
records requests. This may include contact information, project summary, uploaded
documents, and scoring information. Public records may be requested from CalRecycle
through the California Public Records Act Requests web page
(https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/).
Confidentiality
The following describes the treatment of certain confidential or proprietary information
under the California Public Records Act (Government Code 6250, et seq.) and related
regulations. It also describes how questions are resolved on whether information is
truly confidential, the legal protections for confidential information, and internal and
program procedures to maintain confidentiality.
Confidential or Proprietary Information
Title 14 of the California Code of Regulations (14 CCR), sections 17041–17046
(https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), states that confidential or
proprietary information shall include, but is not limited to:
• Personal or business-related financial data, customer client lists, supplier lists
and other information of a proprietary or confidential business nature provided by
persons in applications, reports, returns, certifications or other documents
submitted to [CalRecycle] which if released would result in harmful effects on the
person’s competitive position.
• Tax information prohibited from disclosure, pursuant to the Revenue and
Taxation Code.
Accordingly, appropriate documents submitted with an application that are clearly
marked, on each page, “confidential or proprietary information” will be treated by
CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041–17046.
However, the law does not treat documents marked as “confidential or proprietary
information” (such as sales brochures, promotional literature and other general non-
financial documents) as confidential if they do not fall within the categories of protected
financial documents listed above.
What if there is a question about what is confidential?
If CalRecycle receives a request to disclose data claimed by the applicant to be
confidential, CalRecycle would notify the applicant of the request and state that the
documents were under review to determine whether information was correctly identified
as “confidential.” If there was any question as to whether specific information was
confidential, CalRecycle would contact the person(s) identified in the application to
provide a justification and statement why the information is confidential. The process
for evaluating confidentiality claims is set forth in section 14 CCR 17046.
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What procedures does CalRecycle have in place to ensure that confidential
information is kept confidential?
Confidential or proprietary information will be evaluated and analyzed only by
CalRecycle staff, kept confidential, and will be maintained with restricted access.
Records no longer needed to provide the services offered under the grant program are
periodically destroyed, when allowed by audit policies and state law.
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Application Instructions
Application Access
The application is available in CalRecycle’s web-based Grants Management System
(GMS). Access to GMS is secure; therefore, you must have a CalRecycle WebPass to
log in to the system. Those who have not previously obtained a CalRecycle WebPass
can create an account at the CalRecycle WebPass page
(https://secure.calrecycle.ca.gov/WebPass/).
To start an application:
1. Log in to GMS (https://secure.calrecycle.ca.gov/Grants).
2. Select Apply for a Grant on the left.
• All open grant cycles are displayed in a table.
3. Find Local Government Waste Tire Enforcement Grant Program TEA30: Fiscal
Year 2022–23 and select Start Application.
• A pop-up window will appear asking for contact information. If you have
an existing GMS Account, the information may be auto populated.
• GMS will automatically add you as the Primary Contact for the new grant
application; however, you may update this later.
4. Click Save.
GMS Tabs - Application Contents and Instructions
The components of the application are divided into tabs. To fill out an application, click
on each tab and complete the sections in each tab as required. General directions are
on the top of each tab, and detailed information about the requirements for each tab is
listed below.
The applicant is responsible for a complete application. This includes signing
documents, uploading required documents, and submitting the application by the due
date(s). Failure to do so will result in disqualification from the Local Government Waste
Tire Enforcement Grant Program.
Examples of disqualifications may include:
• Applicant does not meet the eligibility requirements.
• Project is not eligible.
• Applicant fails to use required CalRecycle documents or forms.
• Applicant uploads incomplete or blank documents to the Documents tab.
• Signature Authority fails to sign Application Certification or any document that
requires a signature.
• The online application is incomplete or missing information.
• Applicant fails to adopt an EPPP Policy by the secondary due date.
Summary Tab
This tab provides a summary of the application, due dates, resource documents and
links, application documents, and the Application Submission section. It is the
applicant’s responsibility to submit all required documents, based on the particular grant
application/project, by the appropriate due date.
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Applicant/Participant Tab
The applicant name is the legal name of the entity that is legally responsible for grant
administration, if awarded.
1. Select the Add Applicant/Participant button and type in the Applicant Name
and County. Do not enter your personal name.
2. Search the table for the correct applicant name and select Add
Applicant/Participant.
3. Choose the Lead Participant radio button and click Save.
• Every application must have a Lead Participant even if it is an individual
application with no Non-Lead Participants.
If the Participant Search List does not contain your Applicant/Participant name:
2. Click on Add New Applicant/Participant.
3. Enter the Applicant/Participant Name as it appears on the Resolution. Do not
include the department or unit name. Do not enter your personal name.
• List county names with the name first followed by the word “County,” e.g.,
“Sacramento County.”
• List city names as “City of” followed by the city’s name, e.g., “City of
Sacramento.”
4. Complete all required fields then click Save.
For Collaborative Applications, add the name of each eligible Non-Lead Participant and
select the Participating Jurisdiction radio button.
For a list of eligible applicants, please see the Grant Cycle Overview section titled
“Eligible Applicants.”
Detail Tab
Complete this tab as follows:
1. Enter a dollar amount in the Grant Funds Requested field. Do not exceed the
maximum grant award amount of (see “Available Funds” section above). Please
round all amounts to the nearest whole dollar.
2. Enter the Assembly Districts and Senate Districts. To select more than one
district hold the “Ctrl” key while selecting the numbers.
3. Enter the applicant’s Department Name, e.g., “General Services.” If the
applicant does not have a department, enter the applicant’s name.
4. Enter the grant payment mailing address.
5. Project Summary/Statement of Use: Provide a brief, concise summary of how
grant funds will be expended and how these funds will augment your
local/regional enforcement efforts.
6. Select the appropriate option for the Resolution or Letter of Commitment
Requirement and optional Letter of Designation.
7. Select the appropriate option for the Environmentally Preferable Purchasing and
Practices Policy.
Contacts Tab
CalRecycle requires the application to have only one Primary Contact and at least one
Signature Authority. Each application contact may be granted access by checking the
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box on the top of the contact’s detail screen. The contact will be able to log in to GMS
using their own CalRecycle WebPass and access the application.
Note: CalRecycle requires a valid email address for the Signature Authority in order to
route the Grant Agreement, if awarded.
• Primary Contact. One person who the Signature Authority or their designee has
authorized to manage and oversee the grant. This person will be the first contact
with whom the Grant Manager will communicate.
• Signature Authority. The person(s) authorized to sign CalRecycle documents,
such as grant applications, grant agreements, etc., as authorized by a
board/council-adopted Resolution, and optional Letter of Designation.
• Secondary Contact. A person authorized (by the Primary Contact or Signature
Authority or their designee) as the alternate person with whom the Grant
Manager will communicate. (Not required.)
• Consultant. A professional who provides advice in an area of expertise. If
CalRecycle awards a grant to the applicant, the consultants may manage the
grant or only conduct specific activities, based on a written agreement between
the applicant and the consultant outlining work to be performed. (Not required.)
Budget Tab
Complete the budget document provided in GMS. Utilizing a document form other than
the official CalRecycle versions, tampering with the CalRecycle version, or otherwise
circumventing imposed character limits, may subject the applicant to disqualification.
Transfer the total of each budget category from the document into the Budget tab. The
budget document must be uploaded in the Documents tab and the budget amounts
must match those entered in the Budget tab. The total must equal the Grant Funds
Requested amount shown on the Detail tab.
Documents Tab
See the Application Documents section in the Summary tab for documents that must be
uploaded in the Documents tab.
When uploading a document, enter a document title, select the appropriate document
type from the drop-down list, and enter the date that it was executed/signed, if
applicable, or select “today’s date.” Utilizing a document form other than the official
CalRecycle versions, tampering with the CalRecycle version, or otherwise
circumventing imposed character limits may subject the applicant to disqualification.
Application Submittal and Deadline
The Submit Application button located in the Summary tab will be enabled after all
required documents have been uploaded.
Click the Submit Application button and the application status will change to
Submitted. You can only submit the application once; however, you may upload the
following documents until the secondary due date: Resolution, Letter of Designation,
Letters of Permission.
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You must submit your application no later than 11:59 p.m. on December 13, 2022.
Customer service will be available until 4:00 p.m. on the application due date either by
emailing grantassistance@calrecycle.ca.gov or calling Jake Coyle at (916) 324-1219.
Note: Applications that are not submitted by the due date will be deleted from GMS.
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Application Documents
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents
or forms that certify legally binding information.
Note: E-signatures must include the first and last name of the Signature Authority, be in
the Adobe Digital ID format (or through another certified digital signature program), and
cannot be completed using the “Fill and Sign” function within Adobe. Any documents
using the “Fill and Sign” function, is considered incomplete and may be sent back to the
applicant.
Once the document(s) have been signed by the Signature Authority, upload the digitally
signed document, or scan the wet signature and save it to GMS. Retain the original
document for potential CalRecycle audits. See Audit Considerations section of the
Procedures and Requirements document for more information.
If you have questions, email grantassistance@calrecycle.ca.gov.
CalRecycle Documents
CalRecycle documents are on the Summary tab in the Application Documents section.
To access a document, click on the link, open it up, fill it out, save it to your computer,
and upload it to the Documents tab. If you are having trouble with a document, email
grantassistance@calrecycle.ca.gov or call Jake Coyle at (916) 324-1219.
Altered or reproduced CalRecycle documents or templates may result in automatic
disqualification of your application. Unless a document specifies that it may be
reproduced as necessary, do not alter CalRecycle documents.
Below is a list of CalRecycle documents:
Application Certification
The Application Certification is a required application document that must be generated
from GMS.
After you have completed each tab of the application and uploaded the required
documents, generate the Application Certification from the Summary tab. Once the
Application Certification is signed, upload it to the Documents tab.
Budget
Applicants are required to submit a Budget. Complete the Budget document available
for download in the Summary Tab of GMS. The completed budget document must be
uploaded in the Documents tab (do not convert the Excel budget document into another
format) and the budget amounts must match those entered in the Budget tab. The total
must equal the amount of Grant Funds Requested on the Detail tab.
A description must be provided for each budget line item included. Instructions for this
requirement are included on the budget document. Line item information must be
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detailed, specific and enable reviewers to understand the amounts budgeted and the
intended purpose of the budgeted funds.
A unique budget document will be provided that includes additional pages for the
proposed Supplemental Grant.
TEA Staff Roster
Applicants are required to complete the TEA Staff Roster form available for download
from the Summary Tab in GMS. The completed form must be uploaded in GMS to the
Documents tab.
Applicant’s Documents
Below is a list of documents that the applicant is responsible for preparing and
uploading to their application. For examples/templates of some of these documents,
please refer to the Summary tab. Retain the original hard copy documents for potential
CalRecycle audits. See Audit Considerations section of the Procedures and
Requirements for more information.
Indirect Cost Allocation Plan
Indirect costs must be supported with an Indirect Cost Allocation Plan submitted in the
grantee’s grant application.
Upload a GAAP-compliant (Generally Accepted Accounting Practices) Cost Allocation
Plan to the Documents Tab in GMS. The CAP details how your organization will
allocate Indirect Cost charged to this grant. A Cost Allocation Plan must be obtained
from your jurisdiction’s accounting department. Indirect costs will be disallowed unless
an approvable Cost Allocation Plan is submitted.
If indirect costs are not included in the budget, there is no requirement to submit a CAP.
Indirect costs may not exceed 20% of the direct costs in the approved budget.
Grantees shall allocate Indirect Costs according to the jurisdiction’s cost allocation
methodology.
Pilot Internship Documents
Applicants must also submit the documents below in the application for a Pilot
Internship Program.
• Budget Detail
• Scope of Work including these elements:
o Specific Deliverables (list not inclusive)
Number of inspections to be completed
Hiring key personnel
Training
o Grant Term Timeline of Key Events
o Person(s) responsible
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Applicant’s Required Authorization Documents
Below is a list of required authorizing documents by application type that the applicant is
responsible for preparing and uploading to their application.
Note: For Resolution, Letter of Commitment, Letter of Authorization, and Letter of
Designation templates refer to the Resolution and Letter Examples
(https://www.calrecycle.ca.gov/Funding/SampleDocs) web page. CalRecycle staff are
available to answer questions about the Resolution and Letter of Commitment or to
review your draft Resolution to ensure it meets the requirements of the grant program.
You may upload the Resolution or Letter of Commitment to your application as a “Draft
Resolution” or “Draft Letter of Commitment” or, for immediate review, email it to
grantassistance@calrecycle.ca.gov.
Individual Application Authorization Documents:
If subject to a governing body (excluding Corporations), the applicant must submit
a Resolution no later than the secondary due date or CalRecycle will deem the
application incomplete and disqualify the applicant. The Resolution must:
1. Authorize submittal of an application for one or more specifically named
CalRecycle grant(s) or for all CalRecycle grants for which the applicant is eligible.
2. Identify the time period, up to five years, during which the authorizations are valid.
a. Five years is encouraged; however, periods of less than five years are
acceptable.
b. If a Resolution does not specify a time period, CalRecycle will consider the
Resolution valid for one year from the date of adoption.
3. Identify the Signature Authority by listing the job title of the person(s) authorized to
sign all grant-related documents necessary to implement and close-out the
grant(s).
a. (Optional but encouraged) The Resolution should authorize the Signature
Authority to delegate their signature authority to another person identified
by job title. Applicants can only submit a Letter of Designation if the
corresponding Resolution includes designee language.
Note: The Signature Authority must sign a Letter of Designation prior to the designee’s
exercise of their authority.
Note: Submittal of a resolution for the Pilot Internship Grant is not subject to the
Secondary Due Date limitation. No costs shall be incurred under the Pilot Internship
program until a collaborating resolution is received and approved by CalRecycle.
Collaborative Application Authorization Documents:
Lead Collaborative Jurisdiction
If subject to a governing body (excluding Corporations) applicants must submit a
Resolution no later than the secondary due date or CalRecycle will deem the application
incomplete and disqualify the applicant.
The Resolution must:
1. Authorize submittal of a Collaborative Application on behalf of itself and all other
participating entities for a specifically named CalRecycle grant.
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2. Identify the Signature Authority by listing the job title of the person(s) authorized to
sign all grant-related documents necessary to implement and close-out the
grant(s).
a. (Optional but encouraged) The Resolution should authorize the Signature
Authority to delegate their signature authority to another person identified
by job title. Applicants can only submit a Letter of Designation if the
corresponding Resolution includes designee language.
3. If the Resolution is valid for more than one year, it is highly recommended that:
a. the list of participants be provided as an attachment rather than embedded
in the Resolution, and
b. the Signature Authority be authorized to revise the list as necessary with
each subsequent application (this allows a Signature Authority to add or
remove participants with each new application without the necessity of
obtaining a new Resolution).
Note: The Signature Authority must sign a Letter of Designation prior to the designee’s
exercise of their authority.
Participating Collaborative Jurisdiction
If subject to a governing body (excluding Corporations), applicants must submit a
Resolution that:
1. Authorizes submittal of a Collaborative Application with [name of lead] as Lead
Collaborative Participant, and itself as a Participating Collaborative Participant for
a specifically named CalRecycle grant.
2. Identifies the Signature Authority by listing the job title of the person(s) authorized
to sign all grant-related documents necessary to implement and close-out the
grant(s).
3. Resolutions may be valid for as long as the Lead’s Resolution, not to exceed five
years, otherwise must be dated within the last 12 months.
Note: Submittal of a resolution for the Pilot Internship Grant is not subject to the
Secondary Due Date limitation. No costs shall be incurred under the Pilot Internship
program until a collaborating resolution is received and approved by CalRecycle.
Letter of Designation
CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority
identified in the approved Resolution chooses to delegate their signature authority to
another person.
The approved Resolution must indicate the Signature Authority’s ability to delegate or
designate their authority. The applicant must upload the LOD prior to the designee’s
exercise of their authority. If the designee signs an application document in place of the
Signature Authority, the applicant must upload the LOD with their application.
The LOD must:
1. Be on the applicant’s letterhead.
2. Include the job title of the designee and the scope of the designee’s authority.
3. Include the time period during which the designee may exercise the authority.
4. Be signed by the Signature Authority.
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Applications Guidelines and Instructions
Local Government Waste Tire Enforcement (TEA) Grant Program, (FY 2022–23) 18
The designee’s authority may not extend beyond the effective date of the approved
Resolution. For example, if the Resolution is effective until December 31, 2024, then
the Letter of Designation may not be effective beyond December 31, 2024. If the letter
does not identify a valid time period, the letter will follow the same time frame as the
Resolution.
For Letter of Designation templates refer to the Resolution and Letter Examples
(https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.
Letter of Permission
A Letter of Permission (LOP) is required when cities are collaborating with a different
county or with a city in a different county.
The Participating jurisdiction must obtain a letter, on letterhead, from the City or County
Administrator’s Office for the county in which the enforcement action will be taken. The
letter must:
• Be on the applicant’s letterhead.
• Be dated within the last 12 months.
• Authorize the lead applicant to conduct waste tire enforcement activities in the
participating jurisdiction and state that the participating jurisdiction will not be
performing those activities.
• Be signed by the participating collaborative jurisdiction’s (city or county)
administrator.
The Lead Participant must upload the Letter of Permission no later than the secondary
due date, January 17, 2023, or CalRecycle will remove the Participating Jurisdictions
from the application.
Note: In place of a LOP, it is acceptable to include the above authorizations in a
participating jurisdiction’s resolution.
For Letter of Permission templates refer to the Resolution and Letter Examples
(https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.
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Applications Guidelines and Instructions
Local Government Waste Tire Enforcement (TEA) Grant Program, (FY 2022–23) 19
Grant Review and Award Process
Grant Application Review Process
After the close of the application period, CalRecycle staff will review the applications for
completeness and eligibility. Only complete applications will be considered for award.
If total grant requests received exceed $6,050,000.00, grant awards will be adjusted so
the total awarded does not exceed the total funding available.
CalRecycle staff will verify the applicant's qualifying population to set a potential base
grant award as follows:
• $70,000 for applicants with qualifying populations less than or equal to 99,999.
• $90,000 for applicants with qualifying populations 100,000 through 499,999.
• $130,000 for applicants with qualifying populations 500,000 through 1,000,000.
• $210,000 for applicants with qualifying populations of 1,000,001 or more.
CalRecycle staff may also consider the following information to determine the
recommended award amount for each applicant:
• The number of active permitted sites and other businesses with TPID numbers.
• The number of priority inspections identified by CalRecycle.
• Known threats to public health and safety or the environment.
• The number of waste tire complaints and referrals received in previous grant
cycles.
• The number of illegal waste tire dumpsites identified in previous grant cycles.
• Grant funds expended in previous grant cycles.
• The number of inspections completed in previous grant cycles.
• Enforcement and field patrolling activities in previous grant cycles.
• The results of the Grantee’s Performance Evaluation.
Grant Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for
the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle
tentatively schedules this for February/ March 2023. CalRecycle reserves the right to
partially fund or fund individual phases of selected proposals, and CalRecycle may fund
an amount less than requested.
CalRecycle reserves the right to not award any grant funds under one or more cycles.
Grant Award Conditions
When awarded, this grant will be subject to two conditions:
1. The recommended grantee must pay all outstanding debts due to CalRecycle, or
bring current outstanding payments owed to CalRecycle, within 60 days of the
award email date.
2. The recommended grantee’s Signature Authority (or their delegated signature
authority) must sign and return the Grant Agreement to CalRecycle. CalRecycle
must receive the signed Grant Agreement within 60 days of the date of the award
email.
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Applications Guidelines and Instructions
Local Government Waste Tire Enforcement (TEA) Grant Program, (FY 2022–23) 20
Failure to comply with either condition will void the grant award.
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Applications Guidelines and Instructions
Local Government Waste Tire Enforcement (TEA) Grant Program, (FY 2022–23) 21
Grant Program Administration
Grant Agreement
The Grant Agreement binds the Grantee to CalRecycle’s requirements as outlined in
the Grant Agreement documents. CalRecycle now sends the Grant Agreement Cover
Sheet electronically to allow for a certified e-signature using Adobe Sign.
These documents shall guide the grantee’s administration of the grant project.
Following CalRecycle’s conditional approval of the grant awards, we will email grantees
the information below.
• Award email
• Grant Agreement Cover Sheet (CalRecycle 110)
• Exhibit A: Terms and Conditions
o Contain CalRecycle standard legal requirements for grants
• Exhibit B: Procedures and Requirements
o Contain specific requirements for administering this grant, including but
not limited to project, reporting, and audit requirements
• Exhibit C: Grantee’s approved application with revisions, if any, and any
amendments
• e-Signature Instructions for Awardees
o Contains instruction on how to sign the Grant Agreement Cover Sheet
using Adobe Sign
Reporting Process
CalRecycle requires grantees to report on the progress of their grant on February 26,
2024 and September 30, 2024. The Procedures and Requirements document contains
detailed reporting information and deadlines. CalRecycle provides a required template
for the Progress Reports.
Payment Request Process
CalRecycle will retain 10 percent of each approved Payment Request amount until the
Grant Manager approves the Final Report, the final Payment Request, and all required
supporting documentation. The Procedures and Requirements document contains
detailed payment information.
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 1
Exhibit A
Terms and Conditions
Local Government Waste Tire Enforcement
Grant Program
Fiscal Year 2022–23
The following terms used in this Grant Agreement (Agreement) have the meanings
given to them below, unless the context clearly indicates otherwise:
• "CalRecycle" means the Department of Resources Recycling and Recovery.
• "Director" means the Director of CalRecycle or his or her designee.
• "Grant Agreement" and "Agreement" means all documents comprising the
agreement between CalRecycle and the grantee for this grant.
• "Grant Manager" means CalRecycle staff person responsible for monitoring the
grant.
• "Grantee" means the recipient of funds pursuant to this Agreement.
• "Program" means the Local Government Waste Tire Grant Program.
• "State" means the State of California, including, but not limited to, CalRecycle and/or
its designated officer.
Air or Water Pollution Violation
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State
Air Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water
Code Section 13301 for violation of waste discharge requirements or discharge
prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or
water pollution.
Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties, and approved as required. No oral understanding or
agreement not incorporated into this Agreement is binding on any of the parties. This
Agreement may be amended, modified or augmented by mutual consent of the parties,
subject to the requirements and restrictions of this paragraph.
Americans with Disabilities Act
The grantee assures the state that it complies with the Americans with Disabilities Act of
1990 (ADA) (42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the
ADA.
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 2
Assignment, Successors, and Assigns
(a) This Agreement may not be assigned by the grantee, either in whole or in part,
without CalRecycle’s prior written consent.
(b) The provisions of this Agreement shall be binding upon and inure to the benefit of
CalRecycle, the grantee, and their respective successors and assigns.
Audit/Records Access
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State
Audits, or their designated representative(s) shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this
Agreement. The grantee agrees to maintain such records for possible audit for a
minimum of three (3) years after final payment date or grant term end date, whichever is
later, unless a longer period of records retention is stipulated, or until completion of any
action and resolution of all issues which may arise as a result of any litigation, dispute,
or audit, whichever is later. The grantee agrees to allow the designated
representative(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such
records. Further, the grantee agrees to include a similar right of the State to audit
records and interview staff in any contract or subcontract related to performance of this
Agreement.
[It may be helpful to share the Terms and Conditions (Exhibit A) and Procedures and
Requirements (Exhibit B) with your finance department, contractors and subcontractors.
Examples of audit documentation include, but are not limited to: expenditure ledger,
payroll register entries and time sheets, personnel expenditure summary form, travel
expense log, paid warrants, contracts, change orders, invoices, and/or cancelled
checks.]
Authorized Representative
The grantee shall continuously maintain a representative vested with signature authority
authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all
times, keep the Grant Manager informed as to the identity and contact information of the
authorized representative.
Availability of Funds
CalRecycle's obligations under this Agreement are contingent upon and subject to the
availability of funds appropriated for this grant.
Bankruptcy/Declaration of Fiscal Emergency Notification
If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code
(11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant
Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration,
pursuant to the procedures set forth in the section entitled “Communications” herein.
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 3
Charter Cities
If the grantee is a charter city, a joint powers authority that includes one or more charter
cities, or the regional lead for a regional program containing one or more charter cities,
the grantee shall not receive any grant funding if such funding is prohibited by Labor
Code section 1782. If it is determined that Labor Code section 1782 prohibits funding
for the grant project, this Agreement will be terminated and any disbursed grant funds
shall be returned to CalRecycle.
Child Support Compliance Act
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and
family support enforcement, including, but not limited to, disclosure of information
and compliance with earnings assignment orders, as provided in Family Code
Section 5200 et seq.
(b) The grantee, to the best of its knowledge, is fully complying with the earnings
assignment orders of all employees, and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
Communications
All communications from the grantee to CalRecycle shall be directed to the Grant
Manager. All notices, including reports and payment requests, required by this
Agreement shall be given in writing by email, letter, or fax to the Grant Manager as
identified in the Procedures and Requirements (Exhibit B). If an original document is
required, prepaid mail or personal delivery to the Grant Manager is required following
the email or fax.
Compliance
The grantee shall comply fully with all applicable federal, state, and local laws,
ordinances, regulations, and permits. The grantee shall provide evidence, upon
request, that all local, state, and/or federal permits, licenses, registrations, and
approvals have been secured for the purposes for which grant funds are to be
expended. The grantee shall maintain compliance with such requirements throughout
the Grant Term. The grantee shall ensure that the requirements of the California
Environmental Quality Act are met for any approvals or other requirements necessary to
carry out the terms of this Agreement. The grantee shall ensure that all of grantee’s
contractors and subcontractors have all local, state, and/or federal permits, licenses,
registrations, certifications, and approvals required to perform the work for which they
are hired. Any deviation from the requirements of this section shall result in non-
payment of grant funds.
Conflict of Interest
The grantee needs to be aware of the following provisions regarding current or former
state employees. If the grantee has any questions on the status of any person
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 4
rendering services or involved with this Agreement, CalRecycle must be contacted
immediately for clarification.
Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity,
or enterprise is required as a condition of regular state employment.
(b) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former
state officer or employee may enter into a contract in which he or she engaged in
any of the negotiations, transactions, planning, arrangements or any part of the
decision-making process relevant to the contract while employed in any capacity by
any state agency.
(b) For the twelve-month period from the date he or she left state employment, no
former state officer or employee may enter into a contract with any state agency if he
or she was employed by that state agency in a policy-making position in the same
general subject area as the proposed contract within the twelve month period prior to
his or her leaving state service.
If the grantee violates any provisions of above paragraphs, such action by the grantee
shall render this Agreement void. (Pub. Contract Code, § 10420).
Contractors/Subcontractors
The grantee will be entitled to make use of its own staff and such contractors and
subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change
in contractors or subcontractors must be mutually acceptable to the parties.
Immediately upon termination of any such contract or subcontract, the grantee shall
notify the Grant Manager.
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between CalRecycle and any contractors or subcontractors of grantee, and no
agreement with contractors or subcontractors shall relieve the grantee of its
responsibilities and obligations hereunder. The grantee agrees to be as fully
responsible to CalRecycle for the acts and omissions of its contractors and
subcontractors and of persons either directly or indirectly employed by any of them as it
is for the acts and omissions of persons directly employed by the grantee. The
grantee's obligation to pay its contractors and subcontractors is an independent
obligation from CalRecycle’s obligation to make payments to the grantee. As a result,
CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to
any contractor or subcontractor.
Copyrights
Grantee retains title to any copyrights or copyrightable material produced pursuant to
this Agreement. grantee hereby grants to CalRecycle a royalty-free, nonexclusive,
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 5
transferable, world-wide license to reproduce, translate, and distribute copies of any and
all copyrightable materials produced pursuant this Agreement, for nonprofit, non-
commercial purposes, and to have or permit others to do so on CalRecycle’s behalf.
Grantee is responsible for obtaining any necessary licenses, permissions, releases or
authorizations to use text, images, or other materials owned, copyrighted, or
trademarked by third parties and for extending such licenses, permissions, releases, or
authorizations to CalRecycle pursuant to this section.
Corporation Qualified to do Business in California
When work under this Agreement is to be performed in California by a corporation, the
corporation shall be in good standing and currently qualified to do business in the State.
"Doing business" is defined in Revenue and Taxation Code Section 23101 as actively
engaging in any transaction for the purpose of financial or pecuniary gain or profit.
Discharge of Grant Obligations
The grantee's obligations under this Agreement shall be deemed discharged only upon
acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the
grantee’s Board of Directors shall accept and certify as accurate the final report prior to
its submission to CalRecycle.
Disclaimer of Warranty
CalRecycle makes no warranties, express or implied, including without limitation, the
implied warranties of merchantability and fitness for a particular purpose, regarding the
materials, equipment, services or products purchased, used, obtained and/or produced
with funds awarded under this Agreement, whether such materials, equipment, services
or products are purchased, used, obtained and/or produced alone or in combination
with other materials, equipment, services or products. No CalRecycle employees or
agents have any right or authority to make any other representation, warranty or
promise with respect to any materials, equipment, services or products, purchased,
used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for
special, incidental or consequential damages arising from the use, sale or distribution of
any materials, equipment, services or products purchased or produced with grant funds
awarded under this Agreement.
Discretionary Termination
The Director shall have the right to terminate this Agreement at his or her sole discretion
at any time upon 30 days written notice to the grantee. Within 45 days of receipt of
written notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee.
(b) Submit an accounting of all grant funds expended up to and including the date of
termination.
(c) Reimburse CalRecycle for any unspent funds.
Disputes
In the event of a dispute regarding performance under this Agreement or interpretation
of requirements contained therein, the grantee may, in addition to any other remedies
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 6
that may be available, provide written notice of the particulars of such dispute to the
Branch Chief of Financial Resources Management Branch, Department of Resources
Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written
notice must contain the grant number.
Unless otherwise instructed by the Grant Manager, the grantee shall continue with its
responsibilities under this Agreement during any dispute.
Drug-Free Workplace Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of
perjury under the laws of California, that the grantee will comply with the requirements
of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a
drug-free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions that will be taken against employees for violations.
(b) Establish a drug-free awareness program to inform employees about all of the
following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace.
(3) Any available counseling, rehabilitation, and employee assistance programs.
(4) Penalties that may be imposed upon employees for drug abuse violations.
(c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee.
(2) Agrees to abide by the terms of such statement as a condition of employment on
the grant.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and grantee may be ineligible
for award of any future State agreements if CalRecycle determines that the grantee has
made a false certification, or violated the certification by failing to carry out the
requirements as noted above.
Effectiveness of Agreement
This Agreement is of no force or effect until signed by both parties.
Entire Agreement
This Agreement supersedes all prior agreements, oral or written, made with respect to
the subject hereof and, together with all attachments hereto, contains the entire
agreement of the parties.
Environmental Justice
In the performance of this Agreement, the grantee shall conduct its programs, policies,
and activities that substantially affect human health or the environment in a manner that
ensures the fair treatment of people of all races, cultures, and income levels, including
minority populations and low-income populations of the state.
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 7
Failure to Perform as Required by this Agreement
CalRecycle will benefit from the grantee's full compliance with the terms of this
Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which
support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.
Therefore, the grantee shall be in compliance with this Agreement only if the work it
performs results in:
(a) Application of information, a process, usable data or a product which can be used to
aid in reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.
If the Grant Manager determines that the grantee has not complied with the Grant
Agreement, the grantee may forfeit the right to reimbursement of any grant funds not
already paid by CalRecycle, including, but not limited to, the 10 percent withhold.
In addition to forfeiture of grant funds, failure to perform as required by this Agreement
may impact Grantee’s eligibility for future grants offered by CalRecycle.
Force Majeure
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any,
shall be responsible hereunder for any delay, default, or nonperformance of this
Agreement, to the extent that such delay, default, or nonperformance is caused by an
act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage,
flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors,
vendors, or subcontractors, and beyond the reasonable control of such party.
Forfeit of Grant Funds/Repayment of Funds Improperly
Expended
If grant funds are not expended, or have not been expended, in accordance with this
Agreement, or if real or personal property acquired with grant funds is not being used,
or has not been used, for grant purposes in accordance with this Agreement, the
Director, at his or her sole discretion, may take appropriate action under this
Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended
portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to
repay to CalRecycle any funds improperly expended.
Generally Accepted Accounting Principles
The grantee is required to use Generally Accepted Accounting Principles in
documenting all grant expenditures.
Grant Manager
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing
and approving Grant Payment Requests and other documents delivered to CalRecycle
pursuant to this Agreement. The Grant Manager may monitor grantee performance to
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 8
ensure that the grantee expends grant funds appropriately and in a manner consistent
with the terms and conditions contained herein. The Grant Manager does not have the
authority to approve any deviation from or revision to the Terms and Conditions
(Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is
expressly stated in the Procedures and Requirements (Exhibit B).
Grantee Accountability
The grantee is ultimately responsible and accountable for the manner in which the grant
funds are utilized and accounted for and the way the grant is administered, even if the
grantee has contracted with another organization, public or private, to administer or
operate its grant program. In the event an audit should determine that grant funds are
owed to CalRecycle, the grantee is responsible for repayment of the funds to
CalRecycle.
Grantee's Indemnification and Defense of the State
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle,
and their officers, agents and employees from any and all claims and losses accruing or
resulting to any and all contractors, subcontractors, suppliers, laborers, and any other
person, firm or corporation furnishing or supplying work services, materials, or supplies
in connection with the performance of this Agreement, and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be injured or
damaged by the grantee as a result of the performance of this Agreement.
Grantee's Name Change
A written amendment is required to change the grantee's name as listed on this
Agreement. Upon receipt of legal documentation of the name change, CalRecycle will
process the amendment. Payment of Payment Requests presented with a new name
cannot be paid prior to approval of the amendment.
In Case of Emergency
In the event of an emergency, or where there is an imminent threat to public health and
safety or the environment, the grantee may choose, at its own risk, to incur grant-
eligible expenses not previously included in the approved Budget, subject to
subsequent approval by the Grant Manager of both the Budget change and the need to
implement the Budget change on an emergency basis. The grantee shall notify the
Grant Manager of the emergency and the Budget change at the earliest possible
opportunity. CalRecycle reserves the right to accept or reject the grantee’s
determination that the circumstances constituted an emergency or a threat to public
health and safety or the environment. If the Grant Manager determines that the
circumstances did not constitute an emergency or a threat to public health or safety, the
Budget change will be disallowed.
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 9
Limited Waiver of Sovereign Immunity and Consent to
Jurisdiction
The Grantee expressly and irrevocably waives sovereign immunity (and any defenses
based thereon) in favor of CalRecycle, but not as to any other person or entity, as to
any dispute which specifically arises under this Agreement and not as to any other
action, matters or disputes.
The Grantee does not waive its sovereign immunity with respect to (i) actions by third
parties, except for parties acting on behalf of, under authorization from the Grantee or
CalRecycle, or (ii) disputes between the Grantee and CalRecycle which do not
specifically arise under this Agreement. The Grantee further agrees that exhaustion of
tribal administrative remedies, including before any tribal court, shall not be required
prior to proceeding to filing a complaint in the appropriate court of law; and
The Grantee and CalRecycle agree that any monetary damages awarded or arising
under this Agreement shall be exclusively limited to actual direct damages incurred
based on obligations contained in this Agreement that have been demonstrated with
substantial certainty and which do not, in any event, exceed the total amount of the
award under this Agreement. The Grantee and CalRecycle agree not to assert any
claim for damages, injunctive, or other relief which is not consistent with the provisions
of this Agreement; and
The Grantee and CalRecycle may seek, and the Grantee may seek after it has
exhausted any available remedy through the Government Claims Program and the
Program so approves, judicial review for breach of contract in the State Superior Court
for Sacramento County, including any appellate proceedings. The Grantee and
CalRecycle expressly consent to the jurisdiction of such Court, provided that:
(a) No person or entity other than the Grantee and CalRecycle is a party to the action,
unless failure to join a third party would deprive the court of jurisdiction; provided,
however, that nothing herein shall be construed to constitute a waiver of the
sovereign immunity of the Grantee or CalRecycle in respect to any such third party.
(b) The judgment so entered has the same force and effect as, and is subject to all the
provisions of law relating to, a judgment in a civil action, and may be enforced like
any other judgment of the court in which it is entered.
Nothing in this Agreement shall be construed to constitute a waiver of the sovereign
immunity of the Grantee with respect to intervention by any additional party not deemed
an indispensable party to the proceeding. Unless otherwise agreed by the Grantee and
CalRecycle, any dispute resolution meetings or communications, or mediation, shall be
in the context of a settlement discussion to potential litigation and remain confidential to
the extent not prohibited by applicable law.
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 10
No Agency Relationship Created/Independent Capacity
The grantee and the agents and employees of grantee, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or
agents of CalRecycle.
No Waiver of Rights
CalRecycle shall not be deemed to have waived any rights under this Agreement unless
such waiver is given in writing and signed by CalRecycle. No delay or omission on the
part of CalRecycle in exercising any rights shall operate as a waiver of such right or any
other right. A waiver by CalRecycle of a provision of this Agreement shall not prejudice
or constitute a waiver of CalRecycle’s right otherwise to demand strict compliance with
that provision or any other provision of this Agreement. No prior waiver by CalRecycle,
nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of
any of CalRecycle’s rights or of any of grantee’s obligations as to any future
transactions. Whenever the consent of CalRecycle is required under this Agreement,
the granting of such consent by CalRecycle in any instance shall not constitute
continuing consent to subsequent instances where such consent is required and in all
cases such consent may be granted or withheld in the sole discretion of CalRecycle.
Non-Discrimination Clause
(a) During the performance of this Agreement, grantee and its contractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment on the bases enumerated in Government Code Section
12900 et seq.
(b) The person signing this Agreement on behalf of the grantee certifies under penalty
of perjury under the laws of California that the grantee has, unless exempted,
complied with the nondiscrimination program requirements (Gov. Code, § 12990,
subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not
applicable to public entities.)
Order of Precedence
The performance of this grant shall be conducted in accordance with the Terms and
Conditions (Exhibit A), Procedures and Requirements (Exhibit B), Project
Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other
combination of Exhibits specified on the Grant Agreement Coversheet attached hereto
(collectively referred to as “Terms”). Grantee’s CalRecycle-approved Application
(Grantee’s Application) is hereby incorporated herein by this reference. In the event of
conflict or inconsistency between the articles, exhibits, attachments, specifications or
provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto
(b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 11
Ownership of Drawings, Plans and Specifications
The grantee shall, at the request of CalRecycle or as specifically directed in the
Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data,
drawings, design plans, specifications, photographs, negatives, audio and video
productions, films, recordings, reports, findings, recommendations, and memoranda of
every description or any part thereof, prepared under this Agreement. Grantee hereby
grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to
reproduce, translate, and distribute copies of any and all such materials produced
pursuant to this Agreement, for nonprofit, non-commercial purposes, and to have or
permit others to do so on CalRecycle’s behalf.
Payment
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by
this reference and states the maximum amount of allowable costs for each of the
tasks identified in the Work Plan, if applicable, which is attached hereto and
incorporated herein by this reference. CalRecycle shall reimburse the grantee for
only the work and tasks specified in the Work Plan or the Grantee’s Application at
only those costs specified in the Budget and incurred in the term of the Agreement.
(b) The grantee shall carry out the work described in the Work Plan or in the Grantee’s
Application in accordance with the approved Budget, and shall obtain the Grant
Manager’s written approval of any changes or modifications to the Work Plan,
approved project as described in the Grantee’s Application or the approved Budget
prior to performing the changed work or incurring the changed cost. If the grantee
fails to obtain such prior written approval, the Director, at his or her sole discretion,
may refuse to provide funds to pay for such work or costs.
(c) The grantee shall request reimbursement in accordance with the procedures
described in the Procedures and Requirements (Exhibit B).
(d) Ten percent will be withheld from each Payment Request and paid at the end of the
grant term, when all reports and conditions stipulated in this Agreement have been
satisfactorily completed. Failure by the grantee to satisfactorily complete all reports
and conditions stipulated in this Agreement may result in forfeiture of any such funds
withheld pursuant to CalRecycle’s 10 percent) retention policy.
(e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the
amounts authorized in the California State Administrative Manual (contact the Grant
Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a
Notice to Proceed as described in the Procedures and Requirements (Exhibit B).
Personnel Costs
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any
personnel expenditures to be reimbursed with grant funds must be computed based on
actual time spent on grant-related activities and on the actual salary or equivalent hourly
wage the employee is paid for his or her regular job duties, including a proportionate
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 12
share of any benefits to which the employee is entitled, unless otherwise specified in the
Procedures and Requirements (Exhibit B).
Real and Personal Property Acquired with Grant Funds
(a) All real and personal property, including equipment and supplies, acquired with grant
funds shall be used by the grantee only for the purposes for which CalRecycle
approved their acquisition for so long as such property is needed for such purposes,
regardless of whether the grantee continues to receive grant funds from CalRecycle
for such purposes. In no event shall the length of time during which such property,
including equipment and supplies, acquired with grant funds, is used for the purpose
for which CalRecycle approved its acquisition be less than five (5) years after the
end of the grant term, during which time the property, including equipment and
supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and
personal property acquired with grant funds, including all equipment and supplies,
shall vest upon acquisition in the grantee. The grantee may be required to execute
all documents required to provide CalRecycle with a security interest in any real or
personal property, including equipment and supplies, and it shall be a condition of
receiving this grant that CalRecycle shall be in first priority position with respect to
the security interest on any such property acquired with the grant funds, unless pre-
approved in writing by the Grant Manager that CalRecycle will accept a lower priority
position with respect to the security interest on the property. Grantee shall inform
any lender(s) from whom it is acquiring additional funding to complete the property
purchase of this grant condition.
(c) The grantee may not transfer Title to any real or personal property, including
equipment and supplies, acquired with grant funds to any other entity without the
express authorization of CalRecycle. Grantee’s violation of this provision shall result
in Grantee’s reimbursement to CalRecycle of the amount of grant funds used to
purchase said equipment and supplies.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was
previously purchased with CalRecycle grant funds, unless the acquisition of such
equipment with grant funds is pre-approved in writing by the Grant Manager. In the
event of a question concerning the eligibility of equipment for grant funding, the
burden will be on the grantee to establish the pedigree of the equipment.
Reasonable Costs
A cost is reasonable if, in its nature or amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the
decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the
performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound
business practices, arms-length bargaining, federal and state laws and regulations,
and the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances,
considering their responsibilities to the organization, its members, employees,
clients, and the public at large.
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 13
(d) Significant deviations from the established practices of the organization which may
unjustifiably increase the grant costs.
Recycled-Content Paper
All documents submitted by the grantee must be printed double-sided on recycled-
content paper containing 100 percent post-consumer fiber. Specific pages containing
full color photographs or other ink-intensive graphics may be printed on photographic
paper.
Reduction of Waste
In the performance of this Agreement, grantee shall take all reasonable steps to ensure
that materials purchased or utilized in the course of the project are not wasted. Steps
should include, but not be limited to: the use of used, reusable, or recyclable products;
discretion in the amount of materials used; alternatives to disposal of materials
consumed; and the practice of other waste reduction measures where feasible and
appropriate.
Reduction of Waste Tires
Unless otherwise provided for in this Agreement, in the performance of this Agreement,
for all purchases made with grant funds, including, but not limited to equipment and tire-
derived feedstock, the grantee shall purchase and/or process only California waste tires
and California waste tire-derived products. As a condition of final payment under this
Agreement, the grantee must provide documentation substantiating the source of the
tire materials used during the performance of this Agreement to the Grant Manager.
Reimbursement Limitations
Under no circumstances shall the grantee seek reimbursement pursuant to this
Agreement for a cost or activity that has been or will be paid for through another funding
source. The grantee shall not seek reimbursement for any costs used to meet cost
sharing or matching requirements of any other CalRecycle funded program.
All costs charged against the Agreement shall be net of all applicable credits. The term
“applicable credits” refers to those receipts or reductions of expenditures that operate to
offset or reduce expense items that are reimbursable under this Agreement. Applicable
credits may include, but are not necessarily limited to, rebates or allowances, discounts,
credits toward subsequent purchases, and refunds. Grantee shall, where possible,
deduct the amount of the credit from the amount billed as reimbursement for the cost, or
shall deduct the amount of the credit from the total billed under a future invoice.
Reliable Contractor Declaration
Prior to authorizing any contractor or subcontractor to commence work under this Grant,
the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle
168) from the contractor or subcontractor, signed under penalty of perjury, disclosing
whether of any of the events listed in Section 17050 of Title 14, California Code of
Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/title14),
Division 7, has occurred with respect to the contractor or subcontractor within the
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 14
preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after
award of this Grant, the grantee may be required to terminate that contract.
Remedies
Unless otherwise expressly provided herein, the rights and remedies hereunder are in
addition to, and not in limitation of, other rights and remedies under this Agreement, at
law or in equity, and exercise of one right or remedy shall not be deemed a waiver of
any other right or remedy.
Self-Dealing and Arm’s Length Transactions
All expenditures for which reimbursement pursuant to this Agreement is sought shall be
the result of arm’s-length transactions and not the result of, or motivated by, self-dealing
on the part of the grantee or any employee or agent of the grantee. For purposes of this
provision, “arm’s-length transactions” are those in which both parties are on equal
footing and fair market forces are at play, such as when multiple vendors are invited to
compete for an entity’s business and the entity chooses the lowest of the resulting bids.
“Self-dealing” is involved where an individual or entity is obligated to act as a trustee or
fiduciary, as when handling public funds, and chooses to act in a manner that will
benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict
with, the public purpose for which all grant monies are to be expended.
Severability
If any provisions of this Agreement are found to be unlawful or unenforceable, such
provisions will be voided and severed from this Agreement without affecting any other
provision of this Agreement. To the full extent, however, that the provisions of such
applicable law may be waived, they are hereby waived to the end that this Agreement
be deemed to be a valid and binding agreement enforceable in accordance with its
terms.
Site Access
The grantee shall allow the state to access sites at which grant funds are expended and
related work being performed at any time during the performance of the work and for
ninety (90) days after completion of the work, or until all issues related to the grant
project have been resolved.
Stop Work Notice
Immediately upon receipt of a written notice from the Grant Manager to stop work, the
grantee shall cease all work under this Agreement.
Termination for Cause
CalRecycle may terminate this Agreement and be relieved of any payments should the
grantee fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination, CalRecycle may proceed with the
work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be
deducted from any sum due the grantee under this Agreement. Termination pursuant to
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 15
this section may result in forfeiture by the grantee of any funds retained pursuant to
CalRecycle’s 10 percent retention policy.
Time is of the Essence
Time is of the essence to this Agreement.
Tolling of Statute of Limitations
The statute of limitations for bringing any action, administrative or civil, to enforce the
terms of this Agreement or to recover any amounts determined to be owing to
CalRecycle as the result of any audit of the grant covered by this Agreement shall be
tolled during the period of any audit resolution, including any appeals by the grantee to
the Director.
Union Organizing
By signing this Agreement, the grantee hereby acknowledges the applicability of
Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this
Agreement and hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union
organizing by employees performing work under this Agreement.
(B) If the grantee makes expenditures to assist, promote, or deter union organizing, the
grantee will maintain records sufficient to show that no state funds were used for
those expenditures, and that grantee shall provide those records to the Attorney
General upon request.
Venue/Choice of Law
(a) All proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties hereunder shall be held in
Sacramento County, California. The parties hereby waive any right to any other
venue. The place where the Agreement is entered into and place where the
obligation is incurred is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the
validity and operation of this Agreement and the performance of the obligations
imposed upon the parties hereunder.
Waiver of Claims and Recourse against the State
The grantee agrees to waive all claims and recourse against the state, its officials,
officers, agents, employees, and servants, including, but not limited to, the right to
contribution for loss or damage to persons or property arising out of, resulting from, or in
any way connected with or incident to this Agreement. This waiver extends to any loss
incurred attributable to any activity undertaken or omitted pursuant to this Agreement or
any product, structure, or condition created pursuant to, or as a result of, this
Agreement.
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CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 6/21/2022 16
Work Products
Grantee shall provide CalRecycle with copies of all final products identified in the Work
Plan. Grantee shall also provide CalRecycle with copies of all public education and
advertising material produced pursuant to this Agreement.
Workers’ Compensation/Labor Code
The grantee is aware of Labor Code Section 3700, which requires every employer to be
insured against liability for Workers’ Compensation or to undertake self-insurance in
accordance with the Labor Code, and the grantee agrees to comply with such
provisions before commencing the performance of the work of this Agreement.
2023/01/17 City Council Post Agenda Page 163 of 501
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 1
November 2022
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements Local
Government Waste Tire Enforcement
(TEA) Grant Program
Cycle 30
Fiscal Year 2022–2023
Copies of these Procedures and Requirements must be shared with
both the Finance Department and the staff responsible for
implementing the grant activities
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Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 2
Table of Contents
Introduction ................................................................................................................... 3
Milestones ...................................................................................................................... 3
Grants Management System (GMS) ............................................................................. 3
Accessing the Grant .................................................................................................... 3
Contact Updates .......................................................................................................... 3
Prior to Commencing Work .......................................................................................... 5
Reliable Contractor Declaration ................................................................................... 5
Grant Term, Grant Performance Period, and Report Preparation Period ................. 6
Eligible Costs ............................................................................................................... 6
Administrative Costs ................................................................................................ 6
Education ................................................................................................................. 7
Enforcement ............................................................................................................. 7
Enforcement Actions and Surveillance ................................................................. 7
Field Patrolling and Small Tire Pile Cleanup ........................................................ 9
Indirect Costs ........................................................................................................... 9
Inspections - Priorities and Eligible Activities ........................................................... 9
Operational Costs .................................................................................................. 10
Training .................................................................................................................. 10
Transportation ........................................................................................................ 11
Ineligible Costs .......................................................................................................... 12
Bids ............................................................................................................................ 12
Modifications .............................................................................................................. 13
Acknowledgements .................................................................................................... 13
Reporting Requirements ............................................................................................ 13
Electronic and Original Signatures............................................................................. 14
Progress Report and Midyear Payment Request ...................................................... 14
Final Report ............................................................................................................... 14
Grant Payment Information ........................................................................................ 15
Payment Request and Documentation ................................................................... 15
Supporting Documentation ................................................................................. 16
Personnel Hours ........................................................................................................ 17
Performance Evaluation ............................................................................................ 17
Audit Considerations .......................................................................................... 17
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Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 3
Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the
Local Government Waste Tire Enforcement (TEA) Grant Program. These Procedures
and Requirements describe project and reporting requirements, report due dates, report
contents, grant payment conditions, eligible and ineligible project costs, project
completion and closeout procedures, and records and audit requirements.
This document is attached to, and incorporated by reference, into the Grant Agreement.
Milestones
June 30, 2023: Grant Term and Grant Performance Period Begin
February 26, 2024: Mid-year Progress Report and Payment Request Due
June 29, 2024: Grant Performance Period Ends
June 30, 2024–September 30, 2024: Report Preparation Period
September 30, 2024: Final Report and Final Payment Request Due
September 30, 2024: Grant Term End
Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.
Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts
are tied to a specific email address. If an email address changes, or if it becomes
inactive, the grantee must create a new WebPass account to continue accessing GMS.
Establish or manage a WebPass at CalRecycle’s WebPass page
(https://secure.calrecycle.ca.gov/WebPass/).
Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web
pass. After logging in, locate the grant in the My Awarded/Open Grants table and
select the Grant Management link. The Grant Management Module includes the
following sections:
• Summary tab: Shows approved budget, paid and remaining amounts. (This
section is available to the grantee in read-only mode.)
• Payment Request tab: Grantee requests reimbursement.
• Reports tab: Grantee uploads required reports.
• Documents tab: Grantee uploads all other grant documents that are not
supporting documents to a payment request or a report. This section also
provides access to documents that were uploaded within other sections of GMS.
Follow the instructions in GMS to work in the system. The following sections describe
the reports, transactions, and supporting documents CalRecycle requires.
Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application
Module with the “Allow Access” check box marked. A contact may be listed but not
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Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 4
granted access by not checking the box. Please note, if a contact is granted access to
a grant they will be able to edit contacts, submit payment requests, upload reports, and
view all documents. Those with access may update contact information for all contact
types except Signature Authority. Email the assigned Grant Manager regarding any
changes to Signature Authority information.
2023/01/17 City Council Post Agenda Page 167 of 501
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 5
Prior to Commencing Work
Prior to commencing work under this grant, the grantee’s Grant Manager or primary
contact and authorized grant Signature Authority should review the Terms and
Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key
grant administrative requirements. Evaluation of the grantee’s compliance with these
requirements is a major focus of grant audits.
Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant,
the grantee shall submit to the Grant Manager a declaration from the contractor or
subcontractor, signed under penalty of perjury, stating that within the preceding three
(3) years, none of the events listed in section 17050 of Title 14
(https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of
Regulations, Natural Resources, Division 7, has occurred with respect to the contractor
or subcontractor. The grantee must submit this form for each contractor and
subcontractor working under the grant.
If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List
(https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the
grantee may be required to terminate the contract. Obtain the Reliable Contractor
Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page
(https://www.calrecycle.ca.gov/Funding/Forms/).
The grantee must upload a scanned copy of each signed Reliable Contractor
Declaration form in GMS. To upload the form:
1. Go to the Reports tab.
2. Click on Reliable Contractor Declaration under Report Type.
3. Click the Add Document button.
4. Select Reliable Contractor Declaration in the Document Type drop down box,
enter a document title, click the Browse button to search and upload the
document, and then Save.
5. Click on the Submit Report button.
For further instructions regarding GMS, including login directions, see the “Grants
Management System” section (above).
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Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 6
Grant Term, Grant Performance Period, and
Report Preparation Period
The Grant Term begins on June 30, 2023 and ends on September 30, 2024. The
grantee must make all grant-eligible program expenditures and incur all grant-eligible
costs within this period. Expenditures made or costs incurred prior to June 30, 2023 or
after the end date are not eligible for reimbursement. Most costs are further limited
during the Report Preparation Period (below).
The Grant Performance Period begins on June 30, 2023 and ends on June 29, 2024.
The Report Preparation Period is from June 30, 2024 to September 30, 2024. Costs
incurred to prepare the Final Report and final Payment Request are the only costs
that are eligible for reimbursement during the Report Preparation Period.
The Final Report and final Payment Request are due on September 30, 2024.
Eligible Costs
Grantees may incur eligible costs only during the Grant Term, which starts on June 30,
2023 and ends on September 30, 2024. (See “Grant Term, Grant Performance Period,
and Report Preparation Period” for additional information). All grant expenditures must
be for activities, products, and costs specifically included in the approved Work Plan
and approved Budget, activities approved by CalRecycle or activities that are conducted
in compliance with criteria and timelines detailed within the CalRecycle Waste Tire
Enforcement Manual. To be eligible for reimbursement, costs must be incurred after
June 30, 2023 and before the end of the Grant Term. All services must be provided and
goods received during this period in order to be eligible costs. Invoices for goods and
services must be paid by the grantee prior to the inclusion of those goods or services on
a payment request.
Percentage caps on several categories below are calculated on the total budget award
with the exception of Indirect Costs which are calculated against the total Direct Costs
included in the Budget.
These caps do not apply to an invoice. The amount budgeted for line items with
percentage caps may be fully expended regardless of the percentage that category may
represent within a single invoice. The total grant funds expended in any category shall
not exceed the approved budget without an approved budget modification.
Eligible costs are limited to the following:
Administrative Costs
Administrative Costs may not exceed 15 percent of the total approved Budget.
Eligible administrative costs are limited to:
• Eligible administrative costs include personnel time for which there is a direct and
demonstrable link to implementation of the TEA grant.
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Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 7
• Administrative functions for which there is a direct and demonstrable link to
implementation of the TEA grant.
Examples of eligible activities include:
• Preparation and submittal of Progress Reports, Payment Requests, and required
documents.
• Grant-related communication.
• Compliance activities related to performance evaluation or audits.
• Development and maintenance of a system to track grant costs.
• TEA grant personnel administration.
• Preparation and submittal of the next TEA grant cycle application.
Education
Education costs are limited to 10 percent of the total approved Budget.
Eligible education activities and costs include:
• Eligible education costs include personnel time, and reproduction of educational
materials for the purpose of educating waste tire generators and haulers about
laws and regulations related to waste tire management.
Examples of eligible activities include:
1. Obtaining Waste Tire Management System (WTMS) reports of newly issued Tire
Program Identification (TPID) numbers.
2. Printing and distributing CalRecycle Tire Program Educational Brochures
(https://www2.calrecycle.ca.gov/Docs/Web/111237) when conducting
educational visits for TPID numbers.
3. Informing businesses and business owners/operators about applicable waste tire
laws and regulations and available compliance resources.
4. Providing tire-related education to Local Conservation Corps
(https://www.calrecycle.ca.gov/Funding/LocalCC/).
5. Providing other outreach activities requested by CalRecycle.
Enforcement
Enforcement Actions and Surveillance
Eligible enforcement and surveillance activities include steps taken beyond normal
inspection activities to identify illegal waste tire activity and collect evidence as defined
below.
1. Eligible, enforcement and surveillance activities must be directly related to
identifying, researching, surveilling, investigating, and/or documenting at least
one of the following issues:
• Illegal (unpermitted) waste tire storage sites and activities with 500 or
more waste tires.
• Individuals responsible for illegal dumping of waste tires.
• Private property on which illegal dumping of waste tires is occurring or has
occurred with 500 or more waste tires.
i. Note: (Private property with more than 500 illegal stored waste tires
must be referred to CalRecycle for enforcement prior to seeking
remediation.)
• Unregistered waste tire haulers hauling 10 or more waste or used tires.
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Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 8
2. Eligible enforcement and surveillance activities may include the following
activities:
• Coordinating and working with CalRecycle, the California Highway Patrol,
local District Attorney (DA), task forces, other TEAs, and local law
enforcement on:
o Gathering and sharing of information and resources.
o Providing training to local law and code enforcement personnel
within the TEA jurisdiction to encourage referrals or citations.
o Establishing and conducting checkpoints to identify unregistered
waste tire haulers.
o Attending administrative, court and/or CalRecycle hearings and
supporting case development.
• Assisting CalRecycle with investigations and referrals by:
o Making waste tire enforcement referrals, as approved or required.
o Investigating waste tire referrals, complaints, violations,
discrepancies, and legal records searches, etc., as requested.
o Obtaining inspection warrants and other warrants as needed in
participation with local law enforcement activity.
o Performing interviews and field investigations to develop
enforcement cases.
o Research databases and document past enforcement activity.
• After appropriate enforcement and surveillance, coordinating with other
agencies to remediate environmental damage due to illegal dumping and
storage of waste tires, including:
o Reviewing of regulations and procedures.
o Coordinating with Local Conservation Corps for cleanups, and
other related activity.
o Coordinating with CalRecycle for cleanup and lien options.
• Record Keeping
o Producing and maintaining documents and files to track waste tire
enforcement-related activities.
3. Grantees must report enforcement and surveillance activities to the CalRecycle
Inspection Liaison as follows:
• Report within 15 calendar days all enforcement actions on waste tire-
related cases, including any referrals to the DA’s Office and any actions
taken by the DA’s Office on waste tire-related cases.
• Report within 15 calendar days all waste tire enforcement referrals, as
approved or required. See Inspection section below.
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Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 9
Field Patrolling and Small Tire Pile Cleanup
Field Patrolling and Small Tire Pile Cleanup may not exceed 15 percent of the total
approved Budget. Field Patrolling must be productive. Unproductive Field Patrolling,
such as visiting the same locations more than once per quarter for observation, may be
ineligible for reimbursement. Eligible field patrolling activities and costs are limited to:
• Preparation and planning of field patrol.
• Follow-up on illegal dumping complaints and referrals.
• Patrolling locations with known illegal waste tire dumping once per quarter.
• Cleanup of small tire piles on public land with 35 or fewer waste tires including
disposal fees.
Indirect Costs
Indirect costs may not exceed 20% of the direct costs in the approved budget.
Grantees shall allocate Indirect Costs according to the jurisdiction’s Cost Allocation Plan
(CAP) methodology submitted with the application and must adhere to Generally
Accepted Accounting Principles (GAAP).
Budgeting for Indirect Costs:
Multiply the total of all direct charges by 20% to find the maximum indirect cost
allocation allowed.
How to charge Indirect Costs:
Indirect costs are not limited to 20% of an invoice. A grantee may charge the agency’s
full indirect cost rate, but only until the approved Indirect Cost line item allocation is
exhausted.
Inspections - Priorities and Eligible Activities
Inspections are the core component of the grant. Inspections are to be conducted
according to the quality standards as outlined in the CalRecycle Waste Tire
Enforcement Manual in order to be eligible for reimbursement. Actual personnel hours
must be documented by TPID and back-up is to be maintained according to the Terms
and Conditions, Audit/Records Access provision on page 2. See further guidance in the
Personnel Hours section.
Grantees shall inspect locations with TPID numbers assigned in the Inspection Priority
Work Plan provided by CalRecycle. Grantees shall inspect locations with TPID numbers
assigned in the Inspection Priority Work Plan, which CalReycle will provide at the start
of the Grant Term.
Eligible inspection activities are listed below:
1. Inspector time physically inspecting a TPID is in compliance with the CalRecycle
Waste Tire Enforcement Manual and the Inspection Priority Work Plan.
2. Identifying new TPID numbers using WTMS to generate reports.
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Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 10
3. Pre-inspection planning.
4. Post-inspection reporting and follow-up.
5. Communicating with facility staff or owners before or after an inspection.
6. Travel time to-and-from inspections.
7. Physically inspecting the TPID number locations, taking photographs,
interviewing personnel, writing, and submitting complete and correct inspection
reports.
Note: Non-physical inspections may be allowed under emergency and
extenuating circumstances with prior approval from CalRecycle.
8. Only Inspections at the following frequencies are eligible:
• Only one routine inspection is allowed per active TPID.
• A maximum of two re-inspections may be performed per active TPID if a
NOV was documented during the original routine inspection.
• Only one observation inspection may be performed, as described in the
CalRecycle Waste Tire Enforcement Manual, per active TPID.
• Only one educational inspection may be performed per each active, new,
never-inspected TPID within the grant performance period.
Operational Costs
Equipment, materials and supplies necessary to perform eligible waste tire activities
under the TEA Grant are eligible for reimbursement. This category may not exceed 10
percent of the total approved Budget.
Where equipment is utilized for the purposes of more than one program, costs charged
to the TEA grant must be allocated proportionate to actual use.
1. Examples of eligible equipment include:
• Personal Protective Equipment: including boots, reflective vests or
logo/identifying windbreakers, hard hat/sun hat, gloves, face masks,
safety glasses.
• Field equipment: including measuring devices, GPS, binoculars, camera
and accessories, clipboards.
• Cell phones, mobile Wi-Fi hotspots and cell service.
• Computers or tablets, and related standard accessories.
Training
Training is reimbursable for tire enforcement staff, supervisors and other staff who work
directly on grant activities. In-house training is to be charged under the applicable
budget category (i.e., inspection training is charged under the inspection budget).
Unless otherwise approved, grantee training requirements and eligibility are as follows:
1. Grantee must maintain and provide to CalRecycle a list of inspectors and lead
inspectors, their qualifications, and the amount time they are committed to the
Program (i.e., percentage or quantity of inspections).
2. All inspectors must be trained and approved by CalRecycle prior to conducting
eligible inspections. Existing inspectors may be approved by CalRecycle without
additional training.
3. Mandatory training activities include:
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Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 11
• New inspector inspection training (must be provided by CalRecycle)
• CalRecycle-sponsored Waste Tire Round Tables1
• WTMS Training1
• Technical Training Series1
i. Only 8 hours per day are eligible for reimbursement
• Grant Administration Training
• Other mandatory training as required by CalRecycle
4. Eligible non-mandatory training includes:
• Meetings, training or conferences requested by CalRecycle
• Coordinating and hosting CalRecycle-sponsored training events
• CalEPA sponsored Enforcement Symposium
• Basic Inspector Academy
• Conducting Effective Interviews for Inspectors
• Environmental Enforcement Training
• Basic and refresher health and safety related classes, including
Hazardous Waste Operations and Emergency Response (HAZWOPER)
• Hauler Training
• Specific training approved in the Budget or that are pre-approved in writing
by the Grant Manager
5. When multiple sessions of a training event are scheduled, grantees must attend
the session closest to their location. Exceptions must be justified and pre-
approved by the Grant Manager.
6. If attending an event with multiple subjects of which only part is related/beneficial
to waste tire enforcement, the portion of the training and travel costs charged to
the TEA grant must be proportional to the class time devoted to waste tire
enforcement.
Transportation
Eligible transportation costs are those which are necessary to perform TEA Grant
activities in the approved budget. The total budgeted in this category may not exceed 10
percent of the total approved Budget.
Any activities/costs not specifically listed below must be pre-approved in writing by the
Grant Manager to be reimbursable. The following activities/costs are eligible:
• Use of grantee-owned or personal vehicles (mileage). Grantees may claim
vehicle usage costs based upon actual mileage of the grantee or the state
mileage rate, whichever is less.
• Travel and Travel Expenses. All travel costs must be in accordance with the
California State Travel policies (http://www.calhr.ca.gov/employees/Pages/travel-
reimbursements.aspx). Reimbursable mileage and other travel expenses (per
diem) may not exceed the state rates as set forth in the State Administrative
Manual. Documentation submitted for travel reimbursement must include
departure and return times and dates.
1Grantee must send at least one inspector to each of these events.
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Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 12
Ineligible Costs
Any costs not specifically included in the approved Budget and not directly related to
Local Government Waste Tire Enforcement (TEA) Grant Program and the approved
grant project are ineligible for reimbursement. The grantee should contact the Grant
Manager if clarification is needed. Ineligible costs include, but are not limited to:
• Costs incurred prior to June 30, 2023 or after September 30, 2024.
• Personnel costs charged as a flat rate for grant activity. Only actual personnel
hours may be reimbursed and must be backed up by timesheets or other time
accounting practices.
• Performance Costs incurred outside the Performance Period, prior to June 30,
2023 or after June 29, 2024.
• Reporting Costs incurred after September 30, 2024.
• Budget modifications may not cause any budget category to exceed a category
percentage cap.
• Costs that exceed the percentage cap of a capped category.
• Printing materials for education other than the CalRecycle brochures.
• Unapproved training costs.
• Food (except for meals when travelling to approved training according to State
per diem rates and restrictions).
• Out of state travel.
• Ineligible inspection activities include inspections of the following: (except as
otherwise pre-approved in writing or requested by the CalRecycle Inspector
Liaison.) Note: If you find a TPID number has been included on your work plan
that you believe is ineligible based on the following or other factors, do not
inspect it. Contact your CalRecycle inspector liaison first for confirmation or
written approval to proceed:
o Locations where the TPID number does not have a site (physical) address
in the grantee’s jurisdiction or is located at an address that is not listed in
WTMS.
o Closed TPID numbers (refers to the TPID Site Status in WTMS)
o Inspections that are not approved for payment by the CalRecycle Liaison.
o Unproductive Field Patrolling visits to sites on multiple dates within the
same quarter or repeat visits when waste tires were not discovered.
o Inspections of Permitted Major or Minor Waste Tire Facilities unless
invited to participate with a CalRecycle Inspector.
o Inspections of previously inspected Small Quantity Generators (SQG)
unless the TPID is on the Priority Work Plan, or pre-approved by the
CalRecycle Liaison. (SQG refers to the TPID number’s Site Role identified
in the WTMS.)
• Activity on Farm/Ranch/Dairy/Ag Sites.
• Activity on Tribal Lands.
Bids
• Bids must be obtained for purchases $5,000 and higher when:
o Making a single purchase from any vendor for products or services to the
main agreement where the charge to the grant funds is $5,000 or higher.
1. There are multiple bona fide vendors for the service/product
to be purchased.
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Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 13
2. At the beginning of a contract cycle when the cost of the
contract billed to the grant is $5,000 or higher. After a
contract bid is accepted according to the requirements of the
Grant Agreement, the contract need not be rebid until the
end of the contract term is reached.
o Bids need not be obtained when:
1. A vendor provides a bid for services that is less than $5,000
but the actual cost of the job exceeds $5,000 due to
unexpected conditions that require additional labor or
materials.
Modifications
The grantee must submit any proposed revision(s) to the Work Plan and/or Budget in
writing to the Grant Manager. The grantee may not incur costs or make expenditures
based on the revision without first receiving the Grant Manager’s written approval.
Proposed revisions must be clearly marked on the Work Plan and/or Budget and must
be accompanied by a summary of proposed changes or modifications, including
justification for the proposed changes. If approved, the grant manager will upload the
final revised Work Plan and/or Budget to GMS and notify the grantee. The grantee
should retain the approval document(s) for audit purposes. See the “Audit
Record/Access” section of the Terms and Conditions (Exhibit A).
To request a budget modification:
• Complete the Budget document with proposed changes.
• Email the budget document as an attachment to the Grant Manager. Include a
specific justification for the modifications in the body of the email.
• If the change involves adding a new line item to the budget, a narrative
justification must also be included.
Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project funded, in
whole or in part, by this Agreement is publicized in any medium, including news media,
brochures, or other types of promotional materials. The acknowledgement of
CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for
CalRecycle shall not be used. The Grant Manager may approve deviation from this
requirement on a case-by-case basis where such deviation is consistent with
CalRecycle’s Communication Strategy and Outreach Plan.
Reporting Requirements
The Grant Agreement requires a Progress Report and a Final Report; however, the
Grant Manager may require additional Progress Reports at any time during the Grant
Term. Failure to submit the Final Report with appropriate documentation by the due
date may result in rejection of the Payment Request and/or forfeiture by the grantee of
claims for costs incurred that might otherwise have been eligible for grant funding.
The grantee must upload all reports in GMS. For further instructions regarding GMS,
including login directions, see the “Grants Management System” section (above).
To upload a report:
1. Go to the Reports tab.
2023/01/17 City Council Post Agenda Page 176 of 501
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 14
2. Click on the appropriate Report Type.
3. Click on the Add Document button.
4. Choose the Document Type, enter a document title, click the Browse button to
search and upload the document, and then Save.
• Select the Back button to upload another document and continue the
process until all required documents as listed below are uploaded.
• The maximum allowable file size for each document is 35MB.
5. Click the Submit Report button to complete your report submittal. The Submit
Report button will not be enabled until all required reporting documents are
uploaded.
The reports must be current, include all required sections and documents, and must be
approved by the Grant Manager before any Payment Request can be processed.
Failure to comply with the specified reporting requirements may be considered a breach
of the Grant Agreement and may result in the termination of the Grant Agreement,
rejection of the Payment Request, and/or forfeiture by the grantee of claims for costs
incurred that might otherwise have been eligible for grant funding. The grantee must
report any problems or delays immediately to the Grant Manager.
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents
or forms that certify legally binding information.
Note: E-signatures must include the first and last name of the Signature Authority, be in
the Adobe Digital ID format (or through another certified digital signature program) and
cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and
Sign” method is considered incomplete and may be sent back to the grantee.
If you have questions, email grantassistance@calrecycle.ca.gov.
Progress Report and Midyear Payment Request
The grantee must submit a Progress Report and Midyear Payment Request by
February 26, 2024. The Midyear Report should cover grant activities that occurred
from June 30, 2023, through December 31, 2023.
Final Report
The Final Report is due September 30, 2024. This report should cover grant activities
from June 30, 2023 through September 30, 2024. The grantee must include the
following items in the Final Report:
• The Grant Number, grantee’s name, and Grant Term.
• The following disclaimer statement on the cover page:
“The statements and conclusions of this report are those of the grantee and not
necessarily those of the Department of Resources Recycling and Recovery
(CalRecycle), its employees, or the State of California. The state makes no
warranty, express or implied, and assumes no liability for the information
contained in the succeeding text.”
• Signed by an Authorized Signatory
• Completed three tabs
2023/01/17 City Council Post Agenda Page 177 of 501
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 15
Grant Payment Information
• Payment to the grantee for eligible grant expenses is made on a reimbursement
basis only, and only for those materials and services specified in the approved
grant application.
• The grantee may request reimbursement only twice during the Grant Term. In
conjunction with (or after) submission of the Progress Report and in conjunction
with the Final Report.
• The grantee must submit the required Progress Report/Final Report prior to, or
concurrent with, submission of the Grant Payment Request. No reimbursement
is made prior to Grant Manager approval of the report.
• The grantee must submit a completed Grant Payment Request and provide
supporting documentation as described in the “Payment Request and
Documentation” section for completed project(s) only.
• CalRecycle will make grant payments to only the grantee. It is the grantee’s
responsibility to pay all contractors and subcontractors for purchased goods and
services.
• CalRecycle will withhold and retain 10 percent of each approved Grant Payment
Request amount until all conditions stipulated in the Agreement, including
submission and Grant Manager approval of the Progress and Final Reports,
have been satisfied.
• CalRecycle will make payments to the grantee as promptly as fiscal procedures
permit. The grantee can typically expect payment approximately 45 days from
the date the Grant Manager approves a Grant Payment Request.
• The grantee must provide a Reliable Contractor Declaration (CalRecycle 168)
(https://www2.calrecycle.ca.gov/Docs/Web/111324)signed under penalty of
perjury by the grantee’s contractors and subcontractors in accordance with the
“Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit
A). The declaration must be received and approved by the Grant Manager prior
to commencement of work. See the “Reliable Contractor Declaration” section in
Terms and Conditions (Exhibit A) for more information.
Payment Request and Documentation
Failure to submit the final Payment Request with appropriate documentation by the due
date may result in rejection of the Payment Request and/or forfeiture by the grantee of
claims for costs incurred that might otherwise have been eligible for grant funding.
The grantee must submit payment requests in GMS. For further instructions regarding
GMS, including login directions, see the “Grants Management System” section (above).
To submit a Grant Payment Request:
1. Go to the Payment Request tab.
2. Click on the Create a Payment Request button.
a. Choose Reimburse for the Transaction Type and enter the amount
spent in each budget subcategory.
b. When the transaction is complete, click the Save button.
c. After the transaction is saved, the Upload Supporting Documents button
will appear in the lower right corner.
3. Click the Upload Supporting Documents button.
2023/01/17 City Council Post Agenda Page 178 of 501
Procedures and Requirements
Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 16
a. Choose the Document Type, enter a document title, click the Browse
button to search and upload the document, and then Save.
b. Select the Back button to upload another document and continue this
process until all required supporting documents as listed below are
uploaded.
c. The maximum allowable file size for each document is 35MB.
4. Click the Submit Transaction button, located on the transaction page, to
complete your payment request. The Submit Transaction button will not be
enabled until all required supporting documents are uploaded.
a. Note: Once a transaction is saved, select the transaction number from
the Payment Request tab to access it again. Please do not create
multiple transactions for the same requested funds.
Supporting Documentation
• Grant Payment Request form (CalRecycle 87)
o A scanned copy with the signature of the signatory or his/her designee, as
authorized by grantee’s Resolution or Letter of Commitment, must be
uploaded to GMS.
Note: A designee may sign on behalf of the grantee if a) authorized
by the Resolution or Letter of Commitment, and b) a Letter of
Designation has been provided to the Grant Manager.
• Cost and Payment Documentation
o Proof of payment is required for any equipment expenditures over $500.
Acceptable cost and payment documentation must include at least one of
each of the following.
Invoices, receipts, or purchase orders must include the vendor’s
name and telephone number, address, description of goods or
services purchased, amount due, and date. The claimed expenses
should be highlighted and identified with applicable task number on
each invoice.
o Proof of payment may include:
copy of cancelled check(s) that shows an endorsement from the
banking institution
invoice(s) showing a zero balance, or stamped “paid” with a check
number, date paid, and initials
accounting system report from local government if it contains the
vendor name, date of invoice, invoice number, check number or
internal ID, and date amount was paid
bank statement(s) along with a copy of the endorsed check or
invoice showing the check number
copy of an electronic funds transfer confirmation
copy of a credit card statement(s)
o The Grant Manager may require additional cost and payment
documentation as necessary to verify eligible costs.
• Program Specific Forms
o Expenditure Itemization Summary (CalRecycle 736)
o Travel Expense Log Form (CalRecycle 246) for hotel, meals, per diem and
other expenses, hotel receipts and other receipts for conference fees,
tuition, flight, etc.
o Certificate of completion for approved non-mandatory training
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Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 17
o Mileage logs
o Hourly Rate Document
All forms listed above are available from the CalRecycle Grant Forms web page
(https://www.calrecycle.ca.gov/Funding/Forms).
Personnel Hours
Grantees must detail personnel hours charged to the grant by budget category on the
EIS. Grantees must maintain, and provide upon request, detailed timekeeping records
of all personnel hours worked on TEA grant activities including inspection hours by
TPID. This documentation must be maintained for three years after the final payment is
received for auditing purposes.
For each pay period, the employee’s timekeeping document must contain at minimum:
• Employee name and classification
• Total hours worked and leave taken during the pay period
• Hours worked/leave taken per day
• Description of the activity/task on which the employee worked for each hour
worked
Supervision of staff conducting eligible activities constitutes a direct grant cost and is
separate from Administrative activities; therefore, grantees may claim, under Inspection
and Enforcement categories, a direct supervision time and costs related to that
category.
Grantees may calculate an actual/loaded hourly rate for each employee that includes
actual salary, wages, shift differentials, and contractual fringe benefits.
Please note: Grantees are cautioned to ensure that costs included in a loaded hourly
rate are not duplicated in the Indirect Costs.
Performance Evaluation
The grantee will be evaluated on effectiveness and efficiency in fulfilling the procedures
and requirements outlined in this document. The Progress Report and Final Report will
collect some of the data for this evaluation. Data collected will assess the quality and
efficiency of work completed in all categories, particularly in Inspections, Enforcement,
Education, and Field Patrolling. A Report template is provided by CalRecycle and is a
requirement. Grantees are mandated to collect and report all required data.
All forms listed above are available from the CalRecycle Grant Forms web page
(https://www.calrecycle.ca.gov/Funding/Forms).
Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the
performance of this grant subject to possible audit for a minimum of three (3) years after
final payment date or Grant Term end date, whichever is later. CalRecycle may
stipulate a longer period of records retention in order to complete any action and/or
resolution of all issues which may arise as a result of any litigation, dispute, or audit,
whichever is later.
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Local Government Waste Tire Enforcement (TEA) Grant Program (FY 2022–23) 18
Examples of audit documentation include, but are not limited to, competitive bids, grant
amendments if any relating to the Budget or Work Plan, copies of any agreements with
contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time
sheets, personnel expenditure summary form, travel expense log, paid warrants,
contracts and change orders, samples of items and materials developed with grant
funds, invoices, and cancelled checks. Please refer to the Terms and Conditions
(Exhibit A) for more information.
2023/01/17 City Council Post Agenda Page 181 of 501
From: webmaster@chulavistaca.gov <webmaster@chulavistaca.gov>
Sent: Sunday, December 25, 2022 10:50 AM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: City Clerk Contact Us - Web Notification
A new entry to a form/survey has been submitted.
Form Name: City Clerk
Date & Time: 12/25/2022 10:49 AM
Response #: 701
Submitter ID: 106618
IP address: 98.176.101.151
Time to complete: 3 min. , 53 sec.
Survey Details
Page 1
Office of the City Clerk
276 Fourth Avenue
Chula Vista, CA 91910
Phone:
619) 691-5041
Hours of Operation:
Monday - Thursday, 8:00 a.m. - 5:00 p.m.
Friday, 8:00 a.m. - 12:00 p.m.
Please feel free to contact us with any comments or questions by filling out the form below.
First Name Gary
Last Name Graves
Email Address
Comments
Wanted to voice my disappointment in the counsel for not sending our newly elected mayor to sit SANDAG
Board…
Thank you,
City of Chula Vista
Warning:
External
Email
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v . 0 03 P a g e | 1
January 17, 2023
ITEM TITLE
Development Agreement: Approve the Second Amendment to the Otay Ranch Eastern Urban Center
Development Agreement between the City of Chula Vista and McMillin Otay Ranch, LLC
Report Number: 23-0029
Location: Millenia Lot 1, located directly north of the intersection of Millenia Avenue and Bob Pletcher Way
and Millenia Lot 19, located directly south of the intersection of Millenia Avenue and Bob Pletcher Way
Department: Economic Development
Environmental Notice: The Project was adequately covered under a previously certified Final Second Tier
Environmental Impact Report (EIR 07-01; SCH No. 2007041074) for the Otay Ranch Eastern Urban Center
Sectional Planning Area and Tentative Map.
Recommended Action
Conduct the public hearing and place an ordinance on first reading authorizing the Second Amendment to
the Development Agreement by and between the City of Chula Vista and McMillin Otay Ranch, LLC. (First
Reading)
SUMMARY
The proposed Development Agreement (“DA”) Second Amendment between the City and McMillian Otay
Ranch LLC, the Master Developer of Millenia, includes actions on Lots 1 and 19 of the Millenia Master Planned
Community. While Lot 7 is not a part of the DA Amendment, the City’s acquisition of Lots 1 and 7 are
connected as part of the larger economic development vision and strategy for Millenia Office. An overview of
the actions within Millenia are summarized below.
Lot 1: subdivision of 10.93-acre parcel with hotel development on 2.1 acres and City to receive the
remaining 8.83 acres to accommodate up to 1.7 million square feet of higher education, life science
or technology uses on the Millenia Office Invent Campus;
Lot 7: development of 7.06 acres for the City’s 168,000 square foot Cinematic Arts Academic Center
& Library and amenity building for tenant attraction in leasable space; and
Lot 19: development of up to 324 residential units and transfer of 700,000 square feet of office
entitlements from Lot 19 onto Lot 1.
2023/01/17 City Council Post Agenda Page 270 of 501
P a g e | 2
Per Government Code Section 65867, this DA Amendment requires Planning Commission recommendation
to the City Council. On December 14, 2022, the Planning Commission held a duly noticed public hearing and
unanimously voted to approve Resolution 2022-016 recommending the City Council’s approval of the
Ordinance.
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”) SPA Plan and Tentative Map. Therefore, no further CEQA review
or documentation is necessary.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The item was presented at the December 14, 2022 Planning Commission meeting and the Planning
Commission unanimously approved Resolution No. 2022-016 recommending the City Council adopt an
ordinance approving the Second Amendment to the Development Agreement.
DISCUSSION
The proposed Second Amendment to the Development Agreement between the City and McMillian Otay
Ranch LLC, the Master Developer of Millenia, includes actions on Lots 1 and 19 of the Millenia Master Planned
Community. While Lot 7 is not a part of the DA Amendment, the City’s acquisition of Lots 1 and 7 are
connected as part of the larger economic development vision and strategy for Millenia Office. An overview of
the actions within Millenia are summarized below.
Lot 1: subdivision of 10.93-acre parcel with hotel development on 2.1 acres and City to receive the
remaining 8.83 acres to accommodate up to 1.7 million square feet of higher education, life science
or technology uses on the Millenia Office Invent Campus;
Lot 7: development of 7.06 acres for the City’s 168,000 square foot Cinematic Arts Academic Center
& Library and amenity building for tenant attraction in leasable space; and
Lot 19: development of up to 324 residential units and transfer of 700,000 square feet of office
entitlements from Lot 19 onto Lot 1.
Millenia Lot 1: Economic Development Uses
Lot 1 of Millenia (APN 643-066-09-00) is 10.93 acres and currently owned by the Master Developer of
Millenia. As part of the proposed Second Amendment to the Development Agreement, Lot 1— located
directly west of Lot 7 and directly south of the Ayres Hotel— would be subdivided with a 2.1-acre portion of
the parcel being dedicated for development by a reputable flag hotel on a separate legal lot. Staff has
determined that development of the hotel is permissible under the Millenia Eastern Urban Center (“EUC”)
SPA Plan.
The remaining 8.83 acres of Lot 1 would be acquired by the City at the cost of $1 for economic development
purposes to attract a qualified user. The City has structured the Second Amendment to the Development
Agreement such that the owner will hold the property for the City for a period of up to 60 months and at the
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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.
The Second Amendment to the Development Agreement includes a provision for the City and Master
Developer to agree to a final form Purchase and Sale Agreement (the “PSA”) by which the Lot 1 Remainder
Parcel shall be transferred. Such PSA will be required to include the following terms: (a) a sales price of one
dollar ($1.00); (b) the transfer of Lot 1 in an “as-is” condition; (c) provision for Master Developer’s
requirement that the Lot 1 Remainder Parcel exclude future residential development; (d) covenants by
Developer to improve the Lot 1 Remainder Parcel into an agreed-upon delivery condition, construct any and
all required Jogging Trail Improvements, and do any and all work necessary to obtain lot pad certification,
all as conditions to close; (e) other terms and conditions for transfer identified in the Second Amendment to
the Development Agreement; and (f) such other commercially reasonable terms as are typical for the transfer
of land within the San Diego real estate market area as may be agreed upon by City and Master Developer.
City and Master Developer intend to finalize the PSA in the coming weeks.
In a July 2022 appraisal, Lot 1 was valued at $10,000,000 for the 8.83-acre site. However, as mentioned
above, the Second Amendment to the Development Agreement will not require the City to pay the appraised
value. Considering the City is obtaining the property for $1, the acquisition of both Lot 1 and Lot 7 totaling
15.89 acres at the price of $11,000,001 calculates to an average of $15.89/square foot. This presents an
unbeatable, unparalleled opportunity for the City to strategically guide the economic development of eastern
Chula Vista.
Millenia Lot 7: Cinematic Arts Academic Center & Library
At the December 6, 2022 City Council meeting, the City Council approved the Purchase and Sale Agreement
(“PSA”) and Project Development Agreement (“PDA”) for the development of Lot 7 in Milleni a (APN 643-
060-57-00) located at 1775 Millenia Avenue, directly south of Fire Station 10 and directly east of Lot 1, one
of the subject sites of this proposed action. The PSA and PDA are the implementing agreements for the
development of the Cinematic Arts Academic Center & Library which will launch the first phase of the
University-Innovation District and construct the City’s first new library since 1995.
After decades of planning, the City is thrilled to be jumpstarting 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 & 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
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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.
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.
As part of constructing the project, the City will be acquiring Lot 7 upon close of escrow once a Notice of
Completion has been issued for the project. In July 2022, as part of due diligence, the City solicited
competitive bids to have an appraisal performed on the site. The appraised value of Lot 7 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.
Millenia Lot 19: Completion of Entitled Housing Units in Millenia
Also proposed within the DA Amendment, the developer would be able to develop the allowable remaining
housing units in the EUC on Lot 19 of Millenia (APN 643-060-69-00) located directly south of the Millenia
Avenue and Bob Pletcher Way intersection and east of SR-125. The EUC SPA has entitled 2,983 residential
units and 2,659 units have been constructed to-date. Under the proposed Second Amendment to the
Development Agreement, the developer would be permitted to build up to the remaining 324 residential
units on Lot 19. Lot 19 was previously entitled for up-to 700,000 square feet of office development. Should
the Second Amendment to the Development Agreement be approved, the 700,000 square feet of office
entitlements will be transferred to Lot 1, a shift permissible under the EUC SPA Plan Density Transfer
provisions.
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.
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CURRENT-YEAR FISCAL IMPACT
The associated fiscal impact resulting in approval of this item is $1 which will be used for the acquisition of
Lot 1.
ONGOING FISCAL IMPACT
There will be no ongoing fiscal impact as a result of adopting the ordinance approving this item.
ATTACHMENTS
1. Locator Exhibit – Lots 1, 7, and 19 in Millenia
2. Second Amendment to the Development Agreement
Staff Contacts: Miranda Evans, Special Projects Manager, Economic Development
Eric Crockett, Economic Development Director & Deputy City Manager
2023/01/17 City Council Post Agenda Page 274 of 501
ORDINANCE NO. _______
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND MCMILLIN OTAY RANCH, LLC.
WHEREAS, on August 26, 2009, the City of Chula Vista’s Planning Commission held a duly
noticed public hearing on the Development Agreement and at the conclusion of the hearing
recommended approval of the Development Agreement by and between the City of Chula Vista (City)
and McMillin Otay Ranch, LLC (the “Development Agreement”); and
WHEREAS, on September 15, 2009, the Chula Vista City Council held a duly noticed public
hearing on the Development Agreement at the conclusion of which the City Council introd uced and
conducted the first reading of the ordinance approving the Development Agreement and
subsequently on October 6, 2009 adopted Ordinance No. 3143 approving the Development
Agreement and the agreement was recorded with the San Diego County Recorder’s Office on October
27, 2009 as Document No. 2009-0595116; and
WHEREAS, on June 13, 2018 the City’s Planning Commission held a duly noticed public
hearing on a First Amendment to the Development Agreement (the “First Amendment”) and at the
conclusion of the hearing recommended approval of the First Amendment; and
WHEREAS, On July 10, 2018, the City Council held a duly noticed public hearing on the First
Amendment, at the conclusion of which the City Council introduced and conducted the first reading
of the ordinance approving the First Amendment; and subsequently, on July 17, 2018, adopted
Ordinance No. 3431 approving the First Amendment and said Amendment was recorded with the
San Diego County Recorder’s Office on July 27, 2018; and
WHEREAS, the purpose of the First Amendment was a Material Change to the project
proposed by the Master Developer to reduce the total amount of development in the Eastern Urban
Center without reducing infrastructure; and
WHEREAS, McMillian Otay Ranch, LLC was the Original Master Developer and now Meridian
Communities, LLC, is the successor-in-interest (“Developer”); and
WHEREAS, the City and Developer have agreed to amend the Development Agreement a
second time (the “Second Amendment”) in order to facilitate the development of uses within the
Eastern Urban Center, known today as Millenia, that both City and Developer desire; and
WHEREAS, the intent of the Development Agreement and Eastern Urban Center Sectional
Planning Area Plan is to serve as a mechanism to further the comprehensive development vision for
Millenia to advance a vibrant, mixed-use, pedestrian-oriented urban center that will serve as the
economic and social focal point of Eastern Chula Vista creating an urban employment center which
will establish a strong, well-located employment sub-market and add new local jobs including higher-
quality office employment opportunities; and
WHEREAS, to continue with the establishment of a high-quality Class “A” office submarket
within Millenia, it is the desire of the Developer and the City to have the City guide the economic
2023/01/17 City Council Post Agenda Page 275 of 501
development opportunity of up to 1.7 million square feet of Class “A” office space available on the
10.93-acre Lot 1 of Millenia (APN 643-066-09-00); and
WHEREAS, Lot 1 of Millenia shall be subdivided with a 2.1-acre portion of the southerly parcel
being retained by the Developer and developed as a reputable flag hotel as a permissible use under
the Eastern Urban Center Sectional Planning Area Plan; and
WHEREAS, as part of the Second Amendment to the Development Agreement, the Developer
shall provide the remaining 8.83 acres of Lot 1 to the City for the price of $1 and shall hold the land
for the City for a period up-to 60 months and at any time requested by the City, will transfer
ownership directly to a user of the City’s choice; and
WHEREAS, in exchange for acquisition of 8.83 acres of Lot 1, City agrees to expedite the
review of developing the allowable remaining residential units within the Eastern Urban Center on
Lot 19 of Millenia (APN 643-060-69-00); and
WHEREAS, the Eastern Urban Center Sectional Planning Area Plan has entitled 2,983
residential units and 2,659 units have been permitted to-date allowing Master Developer to build up
to the remaining 324 residential units on Lot 19; and
WHEREAS, Lot 19 was previously entitled for up-to 700,000 square feet of office
development and such entitlements shall be transferred to the City’s portion of Lot 1, a shift
permissible under the auspices of the Eastern Urban Center Sectional Planning Area Plan Density
Transfer provisions; and
WHEREAS, the Director of Development Services has reviewed the project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the Development
Agreement Amendment 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; thus, no further CEQA review
or documentation is required; and
WHEREAS, the City’s Planning Commission held a duly noticed public hearing on December
14, 2022 to consider the Second Amendment at the conclusion of which the Planning Commission
adopted a resolution recommending the City Council authorize the Second Amendment tot the
Development Agreement; and
WHEREAS, on January 17, 2023, a duly noticed public hearing was scheduled before the City
Council of the City of Chula Vista to consider adopting an ordinance to approve the Second
Amendment to Development Agreement; and
WHEREAS, City staff has reviewed the Second Amendment to the Development Agreement
and determined it to be consistent with the Otay Ranch General Development Plan and the City’s
General Plan.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Adopt Ordinance Approving Second Amendment to Development
Agreement
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1.1 INCOPROATION OF PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on December 14, 2022 and the minutes and resolutions resulting therefrom,
are hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the proceedings
for any California Environmental Quality Act (CEQA) claims.
1.2 FINDING OF COMPLIANCE WITH CEQA
The City Council hereby finds that the adoption of the ordinance approving the
Development Agreement Amendment 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.
1.3 FINDING CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH
GENERAL DEVELOPMENT PLAN
The City Council finds that the proposed Second Amendment to the Development
Agreement is consistent with the City’s General Plan and Otay Ranch GDP. The Second
Amendment to the Development Agreement implements the General Plan and GDP by promoting
economic growth opportunities to attract industries and business that contribute to diversification
and stabilization of the local economy (ED 1.1), and increased office space and additional
economic development opportunities to strengthen Millenia’s position as a business, cultural and
entertainment hub of the City (ED 9.2).
1.4 ACTION
The City Council adopts an Ordinance approving the Second Amendment to the
Development Agreement between the City of Chula Vista and McMillin Otay Ranch LLC., in
substantially the form presented, with such minor modifications as may be required or approved
by the City Attorney (a final copy of which is on file in the City Clerk’s office), finding it consistent
with the California Government Code, adopted City policies, the General Plan, and the Otay Ranch
GDP.
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
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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 full force on the thirtieth day from and after its
adoption.
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
_________________________ __________________________
Eric C. Crockett Glen R. Googins
Deputy City Manager City Attorney
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Page 1 of 9
RECORDING REQUESTED
BY AND WHEN RECORDED
MAIL TO:
City of Chula Vista
Attn: City Clerk
276 Fourth Avenue
Chula Vista, CA 91910
EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code §6103, §27383
(Space above for Recorder’s use)
SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF CHULA
VISTA AND McMILLIN OTAY RANCH, LLC
This Second Amendment to Development Agreement By and Between the City of Chula
Vista and McMillin Otay Ranch, LLC (“Second Amendment”) is made and entered into as of
February __, 2023 [insert date of City Council second reading and adoption] (“Effective Date”),
by and between the CITY OF CHULA VISTA, a chartered California municipal corporation
(“City”) and MILLENIA 2022, LLC, a Delaware limited liability company (“Master Developer”)
pursuant to the authority of Section 65864 through 65869.5 of the California Government Code
and Article XI, Section 2 of the California Constitution.
RECITALS
A. The City and McMillin Otay Ranch, LLC (“Original Master Developer”) entered
into the Development Agreement By and Between the City of Chula Vista and McMillin Otay
Ranch, LLC that was recorded October 27, 2009 as Document No. 2009-0595116. The City and
SLF IV – Millenia, LLC (“First Successor Master Developer”) entered into the First Amendment
to Development Agreement that was recorded July 27, 2018 as Document No. 2018 -0306624
(“First Amendment”). As used herein, the “Development Agreement” shall mean the original
development agreement as amended by the First Amendment.
B. The Development Agreement concerns a project in the City originally called
“Eastern Urban Center” and now called “Millenia.” Master Developer is the successor in interest
to Original Master Developer and First Successor Master Developer under the Development
Agreement.
C. Much of Millenia has been sold and developed. Exhibit “A” hereto is a legal
description of the remaining portions (“Remaining Property”) of Millenia owned by Master
Developer.
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Page 2 of 9
D. The Development Agreement is still in force and effect as to the Remaining
Property.
E. The Parties have agreed to amend the Development Agreement in order to facilitate
the development of uses within Millenia that both City and Developer desire.
F. The City’s Planning Commission held a duly noticed public hearing on December
14, 2022 and by Resolution No. 2022-016 recommended to the City Council that this Second
Amendment be approved.
G. On January 17, 2023, the City Council of the City held a duly noticed public hearing
on the proposed Second Amendment at which time all persons had the opportunity to testify in
support of or opposition to the proposed Second Amendment.
H. On_______________, 2023 the City Council adopted Ordinance No. __________
approving this Second Amendment on the terms set forth therein (“Approving Ordinance”).
NOW, THEREFORE, in consideration of the above Recitals, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
Definitions. All defined (capitalized) terms not expressly defined herein shall have the
same meaning as in the Development Agreement. In addition, the following terms shall have the
following meanings in this Second Amendment:
1.1 “Jogging Trail Improvements” shall mean the design and construction of a jogging trail
along the Lot 1 Remainder Parcel frontage as required by the Millenia Sectional Planning
Area Plan and Parks Agreement.
1.2 “Lot 1 Remainder Parcel” shall mean the portion of existing Lot 1 of Final Map 16081 to
be created by the Subdivision Map. The Lot 1 Remainder Parcel will contain approximately
8.8 acres. The approximate location of the Lot 1 Remainder Parcel is shown on Exhibit
“B” hereto.
1.3 “Residential Parcel” shall mean Lot 19 of Final Map 16081.
1.4 “Residential Parcel Development” shall mean the Development on the Residential Parcel
of any or all of the remaining 324 allowable residential units in the Millenia Project.
1.5 “Residential Parcel Review” shall mean the City’s review as a Subsequent Approval
(including but not limited to design review) of an application for the Residential Parcel
Development.
1.6 “Preliminary Title Report” shall mean that certain preliminary title report dated November
9, 2022 and issued by First American Title Company with respect to Lot 1 of Final Map
16081.
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1.7 “Subdivision Map” shall mean the subdivision map or lot line adjustment that will create
the Lot 1 Remainder Parcel.
2. Option. Master Developer hereby grants City an exclusive and irrevocable option to
acquire the Lot 1 Remainder Parcel (“Option”) subject to the following terms and conditions:
2.1 Option Term. The term of the Option (the "Option Term") shall commence on the date that
the Subdivision Map has been recorded and shall automatically expire on the date falling five
(5) years thereafter (the "Option Termination Date"). The Option Term may be extended by
written mutual agreement of the Parties.
2.2 Developer Rights and Obligations During the Option Term. During the Option Term,
Master Developer shall retain all rights and obligations of ownership of the Lot 1 Remainder
Parcel, including without limitation all applicable obligations under the Development
Agreement. In addition, with respect to the Lot 1 Remainder Parcel during the Option Term,
Master Developer shall (a) pay any and all applicable taxes, assessments and fees when due;
(b) maintain the Lot 1 Remainder Parcel in its existing condition, in compliance with all
applicable laws; (c) not make any major removals, alterations, or changes thereto, except as
may be required by law or with City’s prior written approval; and (d) except as provided in the
Preliminary Title Report, maintain the Lot 1 Remainder Parcel free and clear of monetary and
non-monetary liens and encumbrances.
2.3 Contingency. Master Developer shall have no obligation to convey the Lot 1 Remainder
Parcel unless both (a) the Subdivision Map has recorded, and (b) the City has approved the
Residential Parcel Development.
2.4 Terms for Acquisition. City and Master Developer shall use commercial best efforts in
good faith to agree, by no later than fifteen days after the Effective Date, on the form of a
Purchase and Sale Agreement (the “PSA”) by which the Lot 1 Remainder Parcel shall be
transferred. Such PSA shall include the following terms: (a) a sales price of one dollar
($1.00); (b) the transfer of the property in an “as is” condition; (c) provision for Master
Developer’s requirement that the Lot 1 Remainder Parcel exclude future residential
development; (d) covenants by Developer to improve the Lot 1 Remainder Parcel into a rough
graded, generally developable condition, construct any and all required Jogging Trail
Improvements and do any and all work necessary to obtain lot pad certification, all as
conditions to close,; (e) the other terms and conditions for transfer identified in this Section 2;
and (f) such other commercially reasonable terms as are typical for the transfer of land within
the San Diego real estate market area as may be agreed upon by City and Master Developer.
2.5 Exercise of Option. At any time during the Option Term, City, or City’s assignee as
authorized under Section 2.6 below, may exercise the Option by timely sending Master
Developer a written notice of Optionee's intention to exercise the Option (the "Exercise
Notice") with a proposed closing date of no sooner than sixty (60) days after the Exercise
Notice date. The Exercise Notice shall be accompanied by three (3) executed copies of the
PSA. Master Developer shall promptly execute the PSA and return two (2) fully executed
originals to City or its assignee.
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2.6 Assignment. City may assign the Option granted under this Second Amendment without
the prior consent of Master Developer, provided: (a) City gives Master Developer written
notice of such assignment within thirty (30) days after such assignment; and (b) City’s assignee
executes an instrument in a form reasonably satisfactory to Master Developer agreeing to be
bound by all the terms and conditions of the Option and the PSA. Master Developer agrees to
make minor, conforming changes to the PSA in order to cause the transfer of the Lot 1
Remainder Parcel to City’s designated assignee, and to meet and confer with City and assignee
in order to consider such other minor, non-material proposed amendments.
2.7 Prior entry by City. City, or its assignee, shall have the right to enter the Lot 1 Remainder
Parcel before the conveyance if and only if City (a) has provided Master Developer at least
five business days written notice of its intent to enter, (b) has liability insurance of at least $1
million naming Master Developer as an additional insured with respect to the entry, and (c)
has workers’ compensation insurance with respect to the entry. City hereby agrees (or, as a
condition to entry, shall cause its assignee to agree) to defend, indemnify and hold Master
Developer and its heirs, successors, assigns, attorneys, and employees, and the Lot 1
Remainder Parcel, harmless from and against any and all claims, costs, damages, demands,
expenses, liabilities and liens (collectively, “Losses”) arising from such entry, excluding any
such Losses caused by Master Developer’s gross negligence or willful misconduct.
2.8 Transfer of Plaza Obligation. Upon the transfer of the Lot 1 Remainder Parcel, Master
Developer, with City’s consent hereby granted, shall transfer to City’s assignee the obligation
to develop the approximately 0.25-acre plaza planned for the Lot 1 Remainder Parcel. The
transfer shall be incorporated into the PSA and shall also constitute a transfer pursuant to the
Parks Agreement and Development Agreement.
3. Project Processing.
3.1 No SPA Plan Amendment Required. City acknowledges and agrees that the Residential
Parcel Review can and shall be processed as a Subsequent Approval pursuant to the Existing
Entitlements without requiring an amendment to the SPA Plan.
3.2 Timing and Coordination with Residential Parcel Review. City agrees to complete each cycle
of a Residential Parcel Review within ten (10) business days of Master Developer’s (or Master
Developer’s merchant builder) submittal of each cycle of the application and such submittal is
deemed complete by City staff. Master Developer (or Master Developer’s merchant builder)
agrees not to submit a formal application for the Residential Parcel Development, and City will
have no obligation to process or take action on any such approval unless and until the final form
of PSA described in Section 2.4, above, has been approved by City and Master Developer.
3.3 Subdivision Map and Hotel Development on Lot 1. Upon the Effective Date, Master
Developer shall diligently pursue the processing of the Subdivision Map for City consideration
with a target final approval and recordation date of February 1, 2023. Master Developer anticipates
applying to Develop a hotel on the portion of existing Lot 1 of Final Map 16081 that it will retain.
City agrees to complete each cycle of its review of that hotel application within ten (10) business
days of Master Developer’s submittal of each cycle of the application and such submittal is deemed
complete by City staff.
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4. Effect on Development Agreement; Effective Date. Except as specifically set forth
herein, all other terms and conditions of the Development Agreement and Developer’s and City’s
obligations thereunder shall remain in full force and effect. This Second Amendment shall go into
effect and amend the Development Agreement as of the Effective Date, provided that the
Approving Ordinance goes into effect in accordance with its terms.
5. No Third-Party Beneficiaries. There are no third-party beneficiaries to either party’s
rights or obligations under the terms of this Second Amendment.
6. City Reservation of Discretion. Notwithstanding any term or provision in this Second
Amendment, or in the final PSA, Developer acknowledges and agrees that City reserves its full
regulatory power or authority to approve, condition or disapprove any and all permits or approvals
required for the Residential Parcel Development or any proposed hotel development on the
Remaining Property.
[NEXT PAGE IS SIGNATURE PAGE]
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Page 6 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement as provided herein.
CITY OF CHULA VISTA,
a chartered municipal corporation
By:_____________________________
ATTEST:
By:_____________________________
Kerry Bigelow, City Clerk
APPROVED AS TO FORM:
By:_________________________________
Glen R. Googins, City Attorney
MILLENIA 2022, LLC,
a Delaware limited liability company
By: Meridian Communities, LLC,
a Delaware limited liability company,
its sole member
By: ___________________
Guy Asaro
Its: Manager
Name:
Title:
https://chulavistaca-my.sharepoint.com/personal/mshirey_chulavistaca_gov/Documents/Covid-19 Work From Home/Projects/Millenia-DA Amendment/DA-
Millenia1stAmend2209195-10.18.22-ACADraft.docx
2023/01/17 City Council Post Agenda Page 285 of 501
Page 7 of 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 ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
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)
2023/01/17 City Council Post Agenda Page 286 of 501
Page 8 of 9
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 ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
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)
2023/01/17 City Council Post Agenda Page 287 of 501
Page 9 of 9
EXHIBIT “A”
Legal Description of Remaining Property
Lots F and G and H and Lots 1, and 19 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 on December 28, 2015 and Parcels 1 and 2 of Parcel Map 21622 filed in the
Office of the County Recorder of San Diego County on September 14, 2018, and Parcel “A” as
shown on Certificate of Compliance for Adjustment Plat No. LA19 -0001 as evidenced by
document recorded May 19, 2019 as Instrument No. 2019-1094634 of Official Records.
2023/01/17 City Council Post Agenda Page 288 of 501
Page 10 of 9
EXHIBIT “B”
Approximate Depiction of Lot 1 Remainder Parcel
2023/01/17 City Council Post Agenda Page 289 of 501
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
M i l l e n i a A c t i o n s
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 J A N U A R Y 2 0 2 3
2023/01/17 City Council Post Agenda Page 290 of 501
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 J A N U A R Y 2 0 2 3
D e c e m b e r 6 , 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 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 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 p p r o p r i a t i o n o f $6 6 .4 M i n C i t y
f u n d s f o r t h e p r o j e c t
A w a i t i n g $3 0 M i n S t a t e L i b r a r y
G r a n t F u n d i n g
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 : F U T U R E O P P O R T U N I T Y :
A p p r o v a l o f 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 :
2023/01/17 City Council Post Agenda Page 291 of 501
Subdivision of 10.93-acre parcel
with hotel development on 2.1 acres
City to receive the remaining 8.83
acres to accommodate up to 1.7M sf
of office uses on Millenia Office
Invent Campus
Millenia Lot 1 Millenia Lot 7*Millenia Lot 19
Purchase of 7.06-acre site and the
project (entitlements, construction
docs, site work, parking and
construction) for development of
168,000 sf Cinematic Arts
Academic Center and Library
*not a part of this action
Transfer of 700,000 sf of office
entitlements to Lot 1 and
development of up to 324
residential units
Millenia 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 J A N U A R Y 2 0 2 3
2023/01/17 City Council Post Agenda Page 292 of 501
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 J A N U A R Y 2 0 2 3
Ayres Hotel
Lot 19
u p t o 3 24
r es i d e n t ia l units
2023/01/17 City Council Post Agenda Page 293 of 501
Millenia Lot 1
L a n d A c q u i s i t i o n : $1
A p p r a i s e d v a l u e : $1 0 ,0 0 0 ,0 0 0
P u r c h a s e a n d S a l e A g r e e m e n t - I n P r o g r e s s
2 .1 -a c r e p a r c e l f o r r e p u t a b l e f l a g h o t e l (p e r m i s s i b l e u s e )
C i t y e x p e d i t e s r e v i e w o f r e m a i n i n g r e s i d e n t i a l u n i t s o n
L o t 1 9
7 0 0 ,0 0 0 s f o f o f f i c e e n t i t l e m e n t s f r o m L o t 1 9 t r a n s f e r t o
L o t 1
C i t y t o o w n 8 .8 3 -a c r e L o t 1 i n a s -i s c o n d i t i o n a f t e r 2 .1 -a c r e
s u b d i v i s i o n
L o t 1 : E c o n o m i c D e v e l o p m e n t U s e 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 J A N U A R Y 2 0 2 3
2023/01/17 City Council Post Agenda Page 294 of 501
Millenia Lot 7
L a n d A c q u i s i t i o n : $1 1 M
1 5 .8 9 a c r e s f o r $1 1 ,0 0 0 ,0 0 1 = $1 5 .8 9 /s f
$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 u p o n c l o s e o f e s c r o w
L o t 7 : 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
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 J A N U A R Y 2 0 2 3
2023/01/17 City Council Post Agenda Page 295 of 501
Millenia Lot 19
L o t 1 9 p r e v i o u s l y e n t i t l e d f o r u p -t o 7 0 0 ,0 0 0 s f o f o f f i c e
d e v e l o p m e n t w h i c h w o u l d b e t r a n s f e r r e d t o L o t 1
(M i l l e n i a O f f i c e I n v e n t C a m p u s )
S h i f t i s p e r m i s s i b l e u n d e r E U C S P A P l a n D e n s i t y
T r a n s f e r p r o v i s i o n s
E U C S P A h a s e n t i t l e d 2 ,9 8 3 r e s i d e n t i a l u n i t s a n d 2 ,6 5 9 u n i t s
h a v e b e e n c o n s t r u c t e d t o -d a t e
L o t 1 9: C o m p l e t i on o f E n t i t l e d H o u s i n g U n i t s
i n M i l l e n i a
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 J A N U A R Y 2 0 2 3
2023/01/17 City Council Post Agenda Page 296 of 501
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
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 :
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 J A N U A R Y 2 0 2 32023/01/17 City Council Post Agenda Page 297 of 501
R e c o m m e n d e d A c t i o n f o rItem 8 .1 :
C o n d u c t t h e p u b l i c h e a r i n g a n d p l a c e a n o r d i n a n c e o n f i r s t r e a d i n g a u t h o r i z i n g t h e S e c o n d
A m e n d m e n t t o t h e D e v e l o p m e n t A g r e e m e n t b y a n d b e t w e e n t h e C i t y o f C h u l a V i s t a a n d
M c M i l l i n O t a y R a n c h , L L C . (F i r s t R e a d i n g )
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 J A N U A R Y 2 0 2 3
2023/01/17 City Council Post Agenda Page 298 of 501
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 J A N U A R Y 2 0 2 3
2023/01/17 City Council Post Agenda Page 299 of 501
v . 0 03 P a g e | 1
January 17, 2023
ITEM TITLE
Zoning Administrator Appeal: US Super Gas, Inc. Conditional Use Permit for the Sale of Alcohol at 1495
Melrose Avenue
Report Number: 23-0017
Location: 1495 Melrose Avenue
Department: Development Services
Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section
15301 (Existing Facilities) of the California Environmental Quality Act (“CEQA”) State Guidelines.
Recommended Action
Conduct a public hearing and adopt a resolution denying the appeal of US Super Gas, Inc. and affirming the
Zoning Administrator’s decision denying Conditional Use Permit, CUP22-0023, for an off-site consumption
alcohol license at 1495 Melrose Avenue, Chula Vista, CA 91911.
SUMMARY
On July 12, 2022, US Super Gas, Inc. (the “Applicant” and “Appellant”) submitted an application for a
Conditional Use Permit (“CUP”) for the sale of beer, wine, and distilled spirits for off-site consumption at an
existing service station, known as US Super Gas and Mini -Mart (“Project”), located at 1495 Melrose Avenue,
Chula Vista, California (“Project Site”). The Project Site is zoned Neighborhood Commercial (CN), with a
General Plan designation of Commercial Retail (CR).
Upon review of the CUP application, staff verified the California Department of Alcohol and Beverage Control
(“ABC”) provided the Chula Vista Police Department (“CVPD”) with a letter dated May 17, 2022 (Attachment
2) stating there is an overconcentration of licenses in the Census Tract where the Project Site is located.
Further research confirmed that there are three (3) off-site consumption licenses and one (1) on-site
consumption license issued by ABC within 500 feet of the Project Site.
Additionally, staff’s research determined that the Project Site had previously been denied an off-site
consumption license, first on November 20, 2012 by the City Council (Attachment 3) and then again on
February 15, 2019 by the Zoning Administrator (Attachment 4). Both denials were predicated on the issues
of there being an overconcentration of ABC licenses in the immediate vicinity and a lack of support from the
2023/01/17 City Council Post Agenda Page 300 of 501
P a g e | 2
surrounding community. Staff notified the Appellant of these findings and indicated staff would recommend
denial of the CUP application. Pursuant to Chula Vista Municipal Code (“CVMC”) Sections 19.34.030.B.
(Conditional Uses) and 19.14.040 (Conditional Use Permits and Variance – Public Hearing Required When),
the Applicant requested a public hearing with the Zoning Administrator.
On November 16, 2022, the Zoning Administrator held a public hearing on the Applicant’s CUP application.
At the hearing, nine members of the public spoke against the granting of the license. Several other individuals
were present but chose not to make public remarks. Most of the public comments related to the issues of
public safety and overconcentration. Outside of the Applicant and their representatives, no one spoke on
behalf of the license being granted. In addition, City staff received five letters, two of which had multiple
signatories, related to the Project, and all were in opposition.
The Zoning Administrator considered all reports, evidence, and testimony presented at the public hearing
with respect to the subject CUP application, and under the provisions of Sections 19.14.030(A) of the CVMC,
made the required findings pursuant to CVMC Section 19.14.08 to deny the CUP application on December 2,
2022.
On December 15, 2022, the Appellant filed an Appeal to the City Council (Attachment 5) citing the “Factual
Error” and “Findings Not Supported” provisions of the Appeal Application. The Appeal specifically alleges
the Zoning Administrator misinterpreted the ABC “ruling” related to the Census Tract designation (Factual
Error), and that the Zoning Administrator contradicted himself when making the findings to deny the request
(Findings Not Supported).
This item now presents the Project for City Council consideration and action. The denial at issue is for the
CUP.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the Project for compliance with the California
Environmental Quality Act (“CEQA”) and determined that the Project qualifies for a Class 1 Categorical
Exemption pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Therefore, no further
environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On November 16, 2022, the Zoning Administrator held a public hearing on the Applicant’s CUP application.
On December 2, 2022, the Zoning Administrator denied the application for the CUP. The Notice of Decision
of the Zoning Administrator’s decision is provided as Attachment 6.
DISCUSSION
The Project Site is located at 1495 Melrose Avenue on the northeast corner of the intersection of East Orange
Avenue and Melrose Avenue. East Orange Avenue is a four-lane east-west collector roadway leading to
Interstate 805 (“I-805”) while Melrose Avenue is a local two-lane road connecting the neighborhoods located
north and south of East Orange Avenue (see Attachment 1). A commercial center is located on the northwest
corner of the intersection with a Chevron gas station, a Seafood-City Supermarket, and other neighborhood
serving establishments. Immediately adjacent to the Project Site on the northeast corner of the intersection
2023/01/17 City Council Post Agenda Page 301 of 501
P a g e | 3
is a smaller commercial strip of six retail establishments with a 7-Eleven at one end and Bobar Liquor at the
other. South of East Orange Avenue is comprised of single-family residences.
The proposed Project would add the ability to sell distilled spirits and alcohol for off-site consumption from
the existing single-story service station comprised of a 1,583 square foot convenience store and a service
station canopy with eight (8) fuel pumps. The hours of operation of the service station are from 8:00 AM to
12:00 AM (midnight) seven (7) days a week, with a maximum of three (3) employees at any one time. The
project proposes to provide fifty-nine (59) square feet of floor area to be utilized for the sale of distilled
spirits and alcohol, between the hours of 8:00 AM and 11:00 PM each day.
The permitting of the sale of alcohol is a joint effort between ABC, CVPD, and the Development Services
Department. ABC is the issuing authority of the license and has many different criteria it looks at when
deciding whether to issue a permit at a particular location including, but not limited to, the number of other
establishments licensed to sell alcohol in the vicinity (concentration), the crime rate of the area, and the
underlying zoning of the property. When an application for an alcohol sales license is submitted to ABC, as a
matter of routine, ABC notifies CVPD and inquires as to any comments or conditions CVPD may want to place
on the license based upon the location, history, and crime rate of the area. ABC also requires an applicant to
contact Development Services to obtain any required local permits for the sale of alcohol at the site prior to
issuing the license.
To determine the concentration of licenses in a given area, ABC utilizes and publishes Census Tract (“CT”)
data and has established a limit of one license per every 2,500 residents in a CT. If there is more than one
license for every 2,500 residents in a CT, then the area is considered “o versaturated” or “unduly
concentrated.” The Project Site is located in CT 133.06. The population of CT 133.06 is 4,425 which equates
to two (2) alcohol licenses in the CT (4,425 divided by 2,500 = 1.77). Currently, there are three (3) off-site
consumption licenses and one (1) on-site consumption license issued by ABC within 500 feet of the Project
Site.
The issue at hand in this appeal is ABC’s data and what was published on their public-facing website. The
Appellant has claimed two causes of action in their Appeal: Factual Error and Findings Not Supported.
Factual Error
The Appellant claims the Zoning Administrator “misinterpreted the California Department of Alcoholic
Beverage Controls (ABC) ruling related to the Census Tract designation.” Up until th e November 16, 2022
hearing in front of the Zoning Administrator, there was some confusion with the data ABC was reporting for
CT 133.06 and the neighboring CT, 133.12. Generally speaking, CTs 133.06 and 133.12 are separated by I-
805 with CT 133.06 to the west and 133.12 to the east.
In their May 17, 2022 letter to CVPD, ABC clearly states the Project Site is in CT 133.06 and that there is an
overconcentration of licenses in CT 133.06. The letter states two licenses are allowed and that 5 licenses exist
in CT 133.06. The Appellant however presented evidence at the November 16 hearing seeming to contradict
ABC’s own May 17 letter. The Appellant provided a screenshot of the ABC webpage reflecting only one license
in CT 133.06 and four licenses in neighboring CT 133.12 (Attachment 7). The Appellant also provided a copy
of a November 15, 2022 email exchange between the Appellant’s representative, Mr. Marco Polo Cortes, and
Ms. Maritza Gonzalez of ABC’s San Diego District Office, whereby Ms. Gonzalez indicated that based upon
2023/01/17 City Council Post Agenda Page 302 of 501
P a g e | 4
ABC’s website data, CT 133.06 was purportedly “undersaturated” (Attachment 8). Based upon this evidence,
the Appellant is claiming the Zoning Administrator misinterpreted ABC’s “ruling.”
However, on November 22, 2022, the Zoning Administrator independently verified that ABC’s website now
reflects four licenses in CT 133.06 (Attachment 9). The three additional licenses had been moved from CT
133.12 as reflected on the Appellant’s screenshot and are now reflected properly in CT 133.06. Those three
licenses were for the 7-Eleven, Bobar Liquor, and Seafood-City Supermarket, all located at the corner of East
Orange Avenue and Melrose Avenue. Clearly the data proffered by the Appellant reflected a mistake in ABCs
data that has since been rectified. Additionally, at the November 16 hearing, the Zoning Administrator
pointedly asked the Appellant whether they disputed the addresses for the licenses attributed to CT 133.12
on their November 15 screenshot, were in fact physically located in CT 133.06. They did not dispute that fact
and contended the Zoning Administrator should abide strictly by the number of licenses as reflected on their
screenshot of ABC’s webpage and verified by email by Ms. Gonzalez and nothing more.
Ms. Gonzalez’s email to Mr. Cortes was not a “ruling” by ABC, but merely a confirmation of what ABC’s website
reflected at that time. Ms. Gonzalez’s letter dated May 17, 2022, to CVPD clearly places the Project Site in CT
133.06 and reflects an overconcentration in that area. While there may have been some confusion as to the
veracity of ABC’s publicly facing data prior to November 22, that has since been rectified. Additionally,
looking solely at the addresses of the license locations reflected on Appellant’s November 15 screenshot, it
is clear three of licenses are in fact located at the northeast and northwest corners of East Orange Avenue
and Melrose Avenue in CT 133.06, not on the eastside of I-805 in CT 133.12.
Findings Not Supported
The Appeal further alleges the Zoning Administrator “contradicts himself when making findings to deny the
requested CUP by citing ABC to support his decision and in turn ignores ABC’s statements of facts when it
doesn’t suit his arguments.” It is assumed the “statements of facts” the Appellant is referring to are the
November 15, 2022 ABC screenshot and the email between Ms. Gonzalez and Mr. Cortes stating CT 133.06
was undersaturated. As stated above, it is the contention of the Zoning Administrator and City staff that the
November 15, 2022 email exchange was merely a confirmation of what was then incorrectly reflected on the
ABC webpage. The May 17 letter from ABC to CVPD, the address locations of existing licenses, and the
corrected information on ABC’s website all point to an overconcentration of alcohol licenses at the
intersection of East Orange Avenue and Melrose Avenue. To hold otherwise would be to defend erroneous
information and allow for a fifth license at the intersection while subverting the desire of the surrounding
community.
Conclusion/Recommendation
The intersection of East Orange Avenue and Melrose Avenue currently has three existing off-site
consumption licenses issued by ABC, and a fourth would add to the already overconcentration of CT 133.06.
Therefore, Staff recommends the City Council uphold the Zoning Administrator’s decision and deny the
Appeal for the issuance of Conditional Use Permit, CUP22-0023.
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
2023/01/17 City Council Post Agenda Page 303 of 501
P a g e | 5
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18705.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,
et seq.).
Staff is not independently aware and has not been informed by any City council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
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. The Appeal fee, application fees, and all processing costs are borne by the Applicant/Appellant.
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. Locator Map
2. ABC Letter to CVPD, dated May 17, 2022
3. City Council Resolution No. 2012-225, dated November 20, 2012
4. Zoning Administrator Notice of Decision, dated February 15, 2019
5. Appeal, dated December 16, 2022
6. Zoning Administrator Notice of Decision, dated December 2, 2022
7. Appellant’s Screenshot of ABC Webpage, dated November 15, 2022
8. Email Exchange Between Appellant and ABC, dated November 15, 2022
9. Zoning Administrator’s Screenshot of ABC Webpage, dated November 22, 2022
Staff Contact: D. Todd Philips, Planning Manager/Zoning Administrator, Development Services
Laura C. Black, AICP, Director of Development Services
2023/01/17 City Council Post Agenda Page 304 of 501
Attachment 10
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DENYING THE APPEAL BY US SUPER GAS,
INC. AND AFFIRMING THE ZONING ADMINISTRATOR’S
DENIAL OF CONDITIONAL USE PERMIT CUP22-0023 TO
PERMIT A TYPE-21 LICENSE FOR THE SALE OF ALCOHOL
FOR OFF-SITE CONSUMPTION ON A 87,120 SQUARE FOOT
LOT AND SERVICE STATION LOCATED AT 1495 MELROSE
AVENUE
WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in
Exhibit “A,” attached hereto and incorporated herein by this reference, and for the purpose of
general description consists of a 87,120 square foot parcel located at 1495 Melrose Avenue (the
“Project Site”); and
WHEREAS, on July 12, 2022, US Super Gas, Inc. (the “Applicant”) submitted duly
verified applications requesting approval of Conditional Use Permit Application CUP22-0023
which were filed with the City of Chula Vista Development Services Department; and
WHEREAS, said Applicant requests approval of Conditional Use Permit Application
CUP22-0023 to obtain a Type-21 off-site consumption alcohol license from the California
Department of Alcohol and Beverage Control (the “Project”) on the Project Site; and
WHEREAS, a hearing time and place was set by the Zoning Administrator for
consideration of the Project and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the Project Site, at least ten (10) days
prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
Zoning Administrator of the City of Chula Vista on November 16, 2022 in Conference Room #103
in Building A, 276 Fourth Avenue, at 3:00 p.m. to hear public testimony and staff’s presentation;
and
WHEREAS, on December 2, 2022, the Zoning Administrator made the required findings
to deny the Applicant’s Application for Conditional Use Permit CUP22-0023 to obtain a Type-21
off-site consumption alcohol license; and
WHEREAS, on December 15, 2022, the Applicant filed an appeal of the Zoning
Administrator’s decision to deny Conditional Use Permit Application CUP22-0023 (the
“Appeal”); and
WHEREAS, the City Clerk set the time and place for the public hearing on the Appeal and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, its mailing to property owners within 500 feet of the exterior
boundary of the Project Site at least 10 days prior to the hearing; and
2023/01/17 City Council Post Agenda Page 305 of 501
Resolution No.______
Page 2
WHEREAS, the City Council held a duly noticed public hearing to consider said Appeal
at the time and place as advertised, namely January 17, 2023 at 5:00 p.m. in the Council Chambers,
276 Fourth Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby find and determine that under the provisions of Chula Vista Municipal Code
(“CVMC”) Sections 19.14.100 and 19.14.130, the Appeal that is the subject of this Resolution is
hereby denied and the decision of the Zoning Administrator to deny CUP22-0023 is hereby
affirmed, with findings as follows:
I. ENVIRONMENTAL REVIEW
That the City Council of the City of Chula Vista, in the exercise of its independent
judgment, as set forth in the record of its proceedings, considered the Director of Development
Services’ Environmental Review determination for the Project and adopts the determination and
all evidence introduced before the Zoning Administrator at the public hearing on the Project, and
the Notice of Decision resulting therefrom, and which are hereby incorporated into the record of
proceedings pursuant to Public Resources Code Section 21167.6 and prepared in accordance with
the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines
(California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the
City of Chula Vista.
II. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE
That the City Council of the City of Chula Vista, in the exercise of its independent judgment,
as set forth in the record of its proceedings does hereby adopt all findings made by the Zoning
Administrator contained in Notice of Decision for the Project, which are attached hereto and
incorporated herein by this reference, as if said findings were their own.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby find and determine that the Appeal that is the subject of this Resolution is hereby DENIED
and that the determination of the Zoning Administrator is hereby AFFIRMED, in accordance with
the applicable development standards, regulation and guidelines of the Chula Vista Municipal
Code specified in Notice of Decision for CUP 22-0023 and dated December 2, 2022, attached
hereto and incorporated herein by this reference, as may be modified hereby.
Presented by: Approved as to form by:
_______________________________ ____________________________
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
2023/01/17 City Council Post Agenda Page 306 of 501
MELROSE AVI-805 FREEWAY E O R A N G E A V
OCALA AVE R IE N S T R A S T
MALTA AVMARL AVNOLAN AVMAX AVNACION AVOLEANDER AVO L Y M P IC P W
S A N D S T O N E S T
MARBLE CTQ U IN C E P L OLEANDER AVPROJECTLOCATION
NORTH No Scale
J:\Planning\Public Notices\CUP\CUP22\CUP22-0023.pdf
SCALE:FILE NUMBER:
PROJECT DESCRIPTION:
PROJECT
ADDRESS:1495 Melrose St.Project Summary: Sale of beer, wine, and distilled spirits for
consumption off the premises. Existing gas station and food mart.
Related cases: NoneCUP22-0023
PROJECT
APPLICANT:LOCATOR CONDITIONAL USE PERMITUS Super Gas, Inc.
C H U L A V ISTA D E V EL O P M EN T SER V IC E S D EPA RT M E N T
CUP22-0023NORTH
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RESOLUTION NO 2012225
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING THE APPEAL OF LEWIS
BREWER REVERSING THE DECISION OF THE ZONING
ADMINISTRATOR AND DENYING THE CONDITIONAL USE
PERMIT PCC11073 TO PERMIT THE SALE OF BEER AND
WINE AT THE UNOCAL GAS STATION AND MINIMART
LOCATED AT 1495 MELROSE AVENUE IN THE CITY OF
CHULA VISTA
I RECITALS
WHEREAS the pazcel of land which is the subject matter of this Resolution is depicted
in Exhibit A attached hereto and incorporated herein by this reference and for the purpose
of general description consists of 033 acres located at 1495 Melrose Avenue consisting of
APN 6240800700 Project Site and
WHEREAS on April 16 2012 a duly verified application requesting approval of a
Conditional Use Permit was filed with the City of Chula Vista Development Services
Department by Kamal Nona Applicant and
WHEREAS said Appicant requests approval of a Conditional Use Permit to allow the
applicant to sell beer and wine at the existing gas station and minimart for offsite
consumption only Project on said Project Site and
WHEREAS the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act CEQA and has determined that
the project qualifies for a Class 1 Categorical Exemption pursuant to 15301 Existing
Facilities of the State CEQA Guidelines The proposed project consists of negligible or no
expansion of an existing use Thus no further environmental review is required and
WHEREAS a hearing time and place was set by the Zoning Administrator for
consideration of the Project and notice of said hearing together with its purpose was given
by its publication in a newspaper of general circulation in the City and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property at
least ten 10 days prior to the hearing and
WHEREAS the Zoning Administrator held an advertised public hearing on the Project
on August 9 2012 wherein the Zoning Administrator took public testimony and heard staffs
presentation and
WHEREAS following staffs presentation and hearing of public comments the Zoning
Administrator considered all reports evidence and testimony presented and on August 24
2012 approved Conditional Use Permit PCC11073 in accordance with the findings and
subject to the conditions contained in the Final Notice of Decision for PCC11073 and
2023/01/17 City Council Post Agenda Page 313 of 501
Resolution No 2012225
Page No 2
WHEREAS Lewis Brewer filed an appeal of the Zoning AdministratorsDecision to
Approve Conditional Use Permit PCC11073on September 11 2012 and
WHEREAS the City Clerk set the time and place for the public heazing on the appeal
and notice of said hearing together with its purpose was given by its publication in a
newspaper of general circulation in the City its mailing to property owners within 500 feet of
the exterior boundary of the project site at least 10 days prior to the hearing and
WHEREAS the Chula Vista City Council held a duly noticed public hearing to consider
said appeal at the time and place as advertised namely November 20 2012 at 200 pm in
the Council Chambers 276 Fourth Avenue reviewed and considered the appeal of
Conditional Use Permit PCC11073 and
WHEREAS the City Council of the City of Chula Vista after considering all reports
evidence and testimony presented voted 500 to uphold and grant the appeal and deny the
Conditional Use Permit PCC11073and reverse the Zoning Administrators issuance of the
same based on the findings listed below
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find determine and resolve as follows
I The appeal of Conditional Use Permit PCCI1073 is hereby granted under the
provisions of Section 1914130 based on the following Findings of Fact in accordance
with Chula Vista Municipal Code Section 1914080 Conditional Use Permit
Prerequisites For Granting
II FINDINGS FOR GRANTING OF APPEAL AND REVERSING ZONING
ADMINISTRATORSISSUANCE AND DENYING CONDITIONAL USE PERMIT
That the proposed use at this location is not necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community
There aze already 3 other businesses selling alcohol products within 500 feet of the
project location Because this neighborhood is predominantly residential a fourth liquor
license when there are already three is not desirable and does not contribute to the
general wellbeing of the predominantly residential neighborhood Additional alcohol
sales has the potential to negatively affect the residential nature of this community
Therefore an additional license for selling beer and wine is not necessary to provide a
service to the neighborhood because alcohol retail is already available in the direct
vicinity Patrons can move their cars next door to purchase beer and wine at the
neighboring businesses
In the alternative granting this use would mean that 4 out of 5 businesses neaz the corner
of Melrose and Orange would be able to sell alcohol making this use an overly congested
and concentrated one for the residential nature of the neighborhood Also because the
minimum number of ABC licenses for this census tract is 38 according to the California
Department of Alcoholic Beverage Control this use could exceed the minimum number
2023/01/17 City Council Post Agenda Page 314 of 501
Resolution No 2012225
Page 3
of ABC licenses for the census tract
Based on the above findings the proposed use at this location is not necessary or desirable
to provide a service that will contribute to the general wellbeing of this community
2 That such use will under the circumstances of the particular case be detrimental to
the health safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity
Based on testimony provided at the hearing by residents who live near the project
location an additional business selling beer and wine in this area will negatively affect
their quality of life and their health safety and general welfare by contributing to
additional crime traffic problems and nuisance activities There has already been a
history of bad traffic problems and nuisance activities graffiti and panhandling at this
location and this use would contribute to additional problems for this community
Schools aze nearby and an additional liquor license in this area could expose youth to
underage drinking and traffic hazards which would be detrimental to their health safety
and general welfare
Based on the above findings the proposed use is detrimental to the health safety and
general welfare of persons residing in the vicinity
3 That the proposed use will not comply with the regulations specified in the code for
such use
Because the applicant has a history of prior noncompliance with the Chula Vista
Municipal Code involving signs and graffiti there are indications that he may not follow
the conditions to be imposed upon him through issuance of a conditional use permit
Public comments also raised concerns that the current retail products made available for
sale at Unocal may violate Chapter 917 of the Chula Vista Municipal Code Drug
Paraphernalia Prohibited
BE IT FURTHER RESOLVED based on the above findings and evidence entered into
the record pursuant to testimony and documents submitted at the public hearing and City Council
comments and deliberation and incorporating the same herein the City Council hereby upholds
the appeal reversing the Zoning Administrators issuance of Conditional Use Permit and Final
Notice of Decision for PCC11073dated August 24 2012
Presented by
Gary IalbertE AICP
Assistant Cit ManagerDirector of
Development Services
Approved as to form by
G1ens D y rt
City Attorney G
2023/01/17 City Council Post Agenda Page 315 of 501
Resolution No 2012225
Page No 4
PASSED APPROVED and ADOPTED by the City Council of the City of Chula Vista
California this 20th day of November 2012 by the following vote
AYES Councilmembers Aguilaz Bensoussan Castaneda Ramirez and Cox
NAYS Councilmembers None
ABSENT Councilmembers None
C F
Cheryl Cox May
ATTEST
Donna R Norris CMC City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I Donna R Norris City Clerk of Chula Vista California do hereby certify that the foregoing
Resolution No 2012225 was duly passed approved and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 20th day of November 2012
Executed this 20th day of November 2012
Donna R Norris CMC City Clerk
2023/01/17 City Council Post Agenda Page 316 of 501
Resolution No 2012225
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
OCATOR vaoECT Kamal Nona Union 76 StationAPPLICANT
PROJECT DESCRIPTION
MISCELLANEOUSOPROJECT1495MelroseAve
AooaESS Project Summary Union 76 Station is proposing a beer a wine license
SCALE PILE NUMBER
NORTH No Scale PCC11073 ated rases None
LiGxbe Fiieswrcmap Loraw TemplaerLpcamrsPCCno3ai0420R
2023/01/17 City Council Post Agenda Page 317 of 501
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2023/01/17 City Council Post Agenda Page 320 of 501
2023/01/17 City Council Post Agenda Page 321 of 501
ZONING ADMINISTRATOR
NOTICE OF DECISION
Date: December 2, 2022
Applicant: US Super Gas, Inc.
Case Number: CUP22-0023
Address: 1495 Melrose Avenue
Project Planner: Amy DeNinno
Notice is hereby given that on December 2, 2022, the Zoning Administrator considered Conditional Use
Permit (CUP) CUP22-0023, filed by US Super Gas, Inc. (Applicant). The Applicant requests approval for
the sale of beer, wine, and distilled spirits for off-site consumption at an existing service station, known as
US Super Gas and Mini-Mart (Project), located at 1495 Melrose Avenue (Project Site). The Project Site is
zoned Neighborhood Commercial (CN), with a General Plan designation of Commercial Retail (CR).
Pursuant to Chula Vista Municipal Code (CVMC) Sections 19.34.030(F) and 19.58.430, alcohol sales are
conditionally permitted within the CN zone. The Project Site includes a single-story convenience store with
a floor area of 1,538 square feet, as well as a service station canopy with eight (8) fuel pumps. The hours
of operation are from 8:00 AM to 12:00 AM (midnight) seven (7) days a week, with a maximum of three
(3) employees at any one time. Fifty-nine square feet of floor area are proposed to be utilized for the sale
of distilled spirits and alcohol, between the hours of 8:00 AM and 11:00 PM each day.
The Director of Development Services has reviewed the Project for compliance with the California
Environmental Quality Act (CEQA) and determined that the Project qualifies for a Class 1 Categorical
Exemption pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Therefore, no further
environmental review is required.
The Zoning Administrator set the time and place for a hearing on said CUP and notice of said hearing,
together with its purpose, was given by its publication in a newspaper of general circulation in the City and
its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at
least 10 days prior to the hearing.
The hearing was scheduled, advertised and held on November 16, 2022, at 3:00 p.m. in Executive
Conference Room 103, Chula Vista City Hall Building A, 276 Fourth Avenue, before the Zoning
Administrator.
The Zoning Administrator considered all reports, evidence, and testimony presented at the November 16
Public Hearing and contained within the City’s files and records for the Project Site with respect to the
subject Project application, and under the provisions of Sections 19.14.030(A) and 19.58.430 of the CVMC,
and based on substantial evidence, makes the following findings as required by CVMC Section 19.14.080:
The proposed use at this location is necessary or desirable and will contribute to the
general well-being of the neighborhood or the community.
2023/01/17 City Council Post Agenda Page 322 of 501
Notice of Decision
CUP22-0023
December 2, 2022
Page 2
2
According to the California Department of Alcohol and Beverage Control (ABC), an
“undue concentration” [overconcentration] of liquor licenses exists when “the ratio of off-
sale retail licenses to population in the census tract or census division in which the applicant
premises are located exceeds the ratio of off-sale retail licenses to population in the county
in which the applicant premises is located.” (California Alcoholic Beverage Control Act ,
Section 23958.4(a)(3), pg. 249).
In discussions with ABC representatives, the City verified that ABC sets the threshold for
off-sale licenses to be issued at a rate of “one for each 2,500, or fraction thereof, inhabitants
of the county in which the premises are situated” (Ibid, Section 23817.5(a)(1), pg. 227).
According to Census Reporter’s website (www.censusreporter.org), the 2020 Census data
shows a population of 4,425 for Census Tract (CT) 133.06. Therefore, applying the ABC
ratio threshold, CT 133.06 should be limited to two licenses (4,425 divided by 2,500 =
1.77).
As discussed below, based on these ABC standards, substantial evidence supports a finding
that CT 133.06 has an overconcentration of active off-sale retail alcohol licenses and
businesses.
During the November 16 Public Hearing, testimony from the Applicant’s representative,
Marco Polo Cortes, indicated that pursuant to ABC’s website data, there is only one alcohol
permit issued within CT 1033.06, where the Project Site is located. The Applicant furthered
this argument by submitting a November 15, 2022 email exchange between Mr. Cortes and
Ms. Maritza Gonzalez of ABC’s San Diego District Office, whereby Ms. Gonzalez
indicated that based upon ABC’s website data, CT 133.06 was purportedly
“undersaturated”. Based upon this, and other testimony offered, the Applicant feels the
City of Chula Vista should grant the CUP.
Among the data submitted by the Applicant were two November 15, 2022 Ad Hoc License
Reports for CTs 133.06 (Attachment 1) and 133.12 (Attachment 2). The data reflects the
following licenses supposedly issued in CT 133.12:
Seafood City Supermarket
285 E. Orange Ave.
Chula Vista, 91911
ABC Lic.: 484426
7 Eleven Store 13578E
1475 Melrose Ave.
Chula Vista, 91911
ABC Lic.: 555599
Bobar Liquor #44
1459 Melrose Ave.
Chula Vista, 91911
ABC Lic.: 584822
Otay Valley Shell
4555 Main St.
Chula Vista, 91911
ABC Lic.: 566960
The City is not required, however, to accept as true data or information from the ABC
(through Applicant) that the City, after investigation and analysis, has determined is
demonstrably inaccurate. Of the above-listed license locations submitted by Applicant,
only one is actually located within CT 133.12, and that is Otay Valley Shell. All three of
the other licenses are actually located in CT 133.06. As a clarifying question during the
2023/01/17 City Council Post Agenda Page 323 of 501
Notice of Decision
CUP22-0023
December 2, 2022
Page 3
3
November 16 Public Hearing, the Zoning Administrator asked Mr. Cortes if it was in
dispute whether the locations of the three licenses listed on Attachment 2 were actually (by
their addresses) located in CT 133.06. Mr. Cortes’s response was the data put into evidence
is ABC’s publicly published data and the City should abide by it.
Also, at the November 16 hearing on the CUP, City Project Planner Amy DeNinno
provided information and documents, including address data from the ABC website for the
off-sale licensees identified in CT 133.12 and transposed those addresses onto a map
showing that the four active off-sale retail alcohol licenses currently operate in CT 133.06.
(Attachment 3).
To attempt to verify the data proffered by Mr. Cortes, on Tuesday, November 22, 2022,
the Zoning Administrator pulled an Ad Hoc License Report (Attachment 4) from the ABC
website for CT 133.06 and the data seems to have been corrected as the off-sale retail
alcohol licenses erroneously attributed to CT 133.12 in the Applicant’s information are
now listed within the correct CT, 133.06. It was as obvious on November 15 as it was on
November 22 that ABC had mis-categorized three licenses into the wrong CT. To uphold
the Applicant’s assertion would require the City to disregard the addresses, and common
sense, and abide by the clear errancy in ABC’s data submitted by the Applicant. The
argument that an additional off-site license is necessary is spurious at best due to the
existence of at least three other licenses in the direct vicinity of the Project Site.
Therefore, with the data issue rectified, the issue turns from one of necessity to the interests
of the community and the desirability of this kind of use. The purpose of the Neighborhood
Commercial Zone is to provide a shopping center for convenience shopping in a residential
neighborhood setting where analysis of the residential population demonstrates that such
facilities are “necessary” and “desirable”. Because the neighborhood is predominantly
residential, members of the community contend a fourth liquor license is not desirable and
does not contribute to the general well-being of the predominantly residential
neighborhood.
At the November 16 Public Hearing, nine members of the public spoke against the granting
of the license. Several other individuals were present but chose not to make public remarks.
Most of the public comments related to the issues of public safety and overconcentration.
Outside of the Applicant and their representatives, no one spoke on behalf of the license
being granted. In addition, as the date of this decision, City staff have received five letters,
two of which had multiple signatories, related to this Project, and all were in opposition.
From the public testimony, input and feedback received on the CUP application, it is clear
this license is not desired in the community.
Further, additional alcohol sales have the potential to negatively affect the residential
nature of a neighborhood by drawing a greater transient population and attendant crime.
Multiple area residents or business owners testified at the November 16 hearing that there
had been a number of incidents of persons stealing alcohol at the current off-sale retail
alcohol businesses in CT 133.06. But, due to changes in State laws regarding reducing the
severity of consequences for crimes by minors and involving crimes regarding merchandise
amounts below a certain value threshold, the residents or business owners said that the
2023/01/17 City Council Post Agenda Page 324 of 501
Notice of Decision
CUP22-0023
December 2, 2022
Page 4
4
stealing of alcohol is typically not reported. Therefore, an additional off-site retail license
is not necessary nor desirable as it will not contribute to the general well -being of this
community, and it would increase the existing overconcentration of off-site licenses.
Based on the above, the Zoning Administrator hereby finds that the proposed use at this
location is not necessary nor desirable to provide a service that will contribute to the general
well-being of this community.
Such use will not, under the circumstances of the particular case, be detrimental to the
health, safety, or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
Based on testimony at the Public Hearing of November 16, 2022, by persons residing and
working near the Project Site, an additional business selling alcohol in this area will
negatively affect their quality of life and their health, safety, and general welfare by
potentially increasing crime (as discussed above), traffic problems, and nuisance activities.
No testimony nor data was provided by the Applicant making a counter argument that the
granting of the license would somehow contribute to the health, safety, or general welfare
of the community.
By the ABC’s metrics, the proposed use would be detrimental to the surrounding
community based on the population density of CT 133.06 using a ratio of one off-premises
general license for each 2,500 persons in a census tract. Four (4) active retail licenses exist,
while two (2) are allowed based on the aforementioned ratio. An additional license at the
Project Site would exacerbate an existing overconcentration of alcoholic beverage licenses
within the census tract. It is worth noting that a separate CUP application for alcohol sales
is pending at 1498 Melrose Avenue, directly across the street from the Project Site.
Based on the above, the Zoning Administrator hereby finds that granting the proposed use
would be detrimental to the health, safety and general welfare of persons residing in the
vicinity.
The use will comply with the regulations and conditions specified in the code for such
use.
The approval of the CUP permitting alcohol sales at the Project Site is inconsistent with
the standards and parameters established in both the California Alcoholic Beverage Control
Act as well as in CVMC 19.58.430. Under this section, overconcentration may be found to
exist based on (A) the number and location of existing facilities and (B) compliance with
ABC overconcentration standards in effect at the time of project consideration. There are
currently four (4) active off-site licenses located within Census Tract 133.06, where only
two (2) are authorized by ABC.
Based on the above, the Zoning Administrator hereby finds that the proposed use will not
comply with the regulations and conditions specified in the CVMC for such use.
2023/01/17 City Council Post Agenda Page 325 of 501
Notice of Decision
CUP22-0023
December 2, 2022
Page 5
5
Granting of this conditional use will not adversely affect the General Plan of the City or
the adopted plan of any governmental agency.
The proposed alcohol sales use is permitted with approval of a CUP in the CN Zone;
however, pursuant to CVMC Section 19.14.080, if any one of the above factors are not
met, then the subject CUP cannot be approved. Because findings cannot be made to support
the previous three factors, the CUP cannot be approved.
Based on the above, the Zoning Administrator hereby finds that this factor is not applicable
due to the failure of the use to comply with the previously cited regulations set forth in the
CVMC.
The proposed conditional use, if located in the coastal zone, is consistent with the
certified local coastal program and is consistent with the intent of the zoning district.
The proposed Project Site is not within the coastal zone, and therefore, this factor
is not applicable.
BASED ON THE FINDINGS ABOVE AND PURSUANT TO CVMC SECTIONS 19.14.080 and
19.58.430, THE ZONING ADMINISTRATOR hereby denies Conditional Use Permit CUP22-0023 as
described above.
DENIED BY THE ZONING ADMINISTRATOR OF THE CITY OF CHULA VISTA, CALIFORNIA,
this 2nd day of December 2022.
______________________________________
D. Todd Philips
Zoning Administrator
Attachments:
1. Applicant’s ABC Ad Hoc License Report for Census Tract 133.06 dated November 15, 2022
2. Applicant’s ABC Ad Hoc License Report for Census Tract 133.12 dated November 15, 2022
3. City’s Map of Off-Sale Licenses in Census Tract 133.06
4. Zoning Administrator’s ABC Ad Hoc License Report for Census Tract 133.06 dated November
22, 2022
2023/01/17 City Council Post Agenda Page 326 of 501
2023/01/17 City Council Post Agenda Page 327 of 501
2023/01/17 City Council Post Agenda Page 328 of 501
1
Amy DeNinno
From:Marco Polo Cortes
Sent:Tuesday, November 15, 2022 11:07 AM
To:Amy DeNinno
Subject:Fw: 636547 US SUPER GAS INC 1495 MELROSE AVE., CHULA VISTA CA 91911
Amy -
Good morning, please read below and feel free to call me at your convenience.
Kind regards,
MPC
Marco Polo Cortés
President
MP PERMITS, INC.
From: Gonzalez, Maritza@ABC
Sent: Tuesday, November 15, 2022 11:03 AM
To: Marco Polo Cortes <
Subject: RE: 636547 US SUPER GAS INC 1495 MELROSE AVE., CHULA VISTA CA 91911
Good morning Marco
These numbers are correct as we use the numbers available to us at the time of taking-in the application, in this case in
March 2022.
However, since then the numbers have been updated and you are correct, this CT is now undersaturated. I spoke with
Tannie and we determined that the Department will allow for the numbers to be updated as the Crime Rate did not
change it is still low at 87.2% and there is a requirement for a CUP and is investigated by the City. The count for Off-S ale
in this CT 0133.06 is 2-Allowed and 1-exists. Therefore PCN is not required.
Thank you,
Maritza Gonzalez
Maritza Gonzalez – LR II
San Diego District Office
Warning:
External
Email
2023/01/17 City Council Post Agenda Page 329 of 501
2
From: Marco Polo Cortes <
Sent: Monday, November 14, 2022 11:04 PM
To: Gonzalez, Maritza@ABC <
Subject: Re: 636547 US SUPER GAS INC 1495 MELROSE AVE., CHULA VISTA CA 91911
CAUTION: External Email. Do not click on links or attachments unless you recognize the sender and know the content is safe.
Maritza -
Good morning, can you please review the attached and confirm that the number of licenses allowed is
accurate?
I've researched on the ABC website and it seems that the Census Tract update may have made this Tract
undersaturated.
Thank you in advance,
MPC
Marco Polo Cortés
President
MP PERMITS, INC.
2023/01/17 City Council Post Agenda Page 330 of 501
2023/01/17 City Council Post Agenda Page 331 of 501
Zoning Administrator
Appeal: 1495 Melrose Ave.
1
City Council
January 17, 2023
Item 8.2
2023/01/17 City Council Post Agenda Page 332 of 501
2ALCOHOL LICENSING/PERMITTING
-Sets Policies for Licensure
-Licensure of Alcohol Sales
-Determination of Public
Convenience or Necessity (PCN)
-Places Conditions on Licenses
and/or Permits
-City Council Sets Policy for
Permitting
-Issues Conditional Use Permits
(CUP) for Sale of Alcohol
-Places Conditions on Permits
2023/01/17 City Council Post Agenda Page 333 of 501
3TYPES OF ALCOHOL LICENSES
Type 20 -(Retail Store) Authorizes the sale of beer
and wine for consumption off the premises where
sold. Minors are allowed on the premises. (Off Sale)
Type 21 -(Retail Store) Authorizes the sale of beer,
wine and distilled spirits for consumption off the
premises where sold. Minors are allowed on the
premises. (Off Sale)
Types 40 and 42 are for bars and taverns
Types 41 and 47 are for restaurants
2023/01/17 City Council Post Agenda Page 334 of 501
4PROCESS -LICENSE
•Application for license with ABC
•ABC will inquire with Chula Vista Police
Department (CVPD) as to PCN
•CVPD determines if PCN is triggered based on:
•Concentration of Similar Licenses in Area
•Crime Rate in Area
•CVPD will protest/conditionally approve the license
or hold a public hearing on PCN
•ABC will require Applicant to contact City for any
permits needed prior to issuance of the license
2023/01/17 City Council Post Agenda Page 335 of 501
5PROCESS -PERMIT
•Application for CUP with City of Chula Vista’s
Development Services Department (DSD)
•DSD will inquire with CVPD and ABC as to:
•Concentration of Similar Licenses in Area
•Crime Rate in Area
•DSD will verify sale of alcohol is permitted pursuant
to zoning, land use, and development standards
•Zoning Administrator will consider all evidence and
issue a decision on the issuance of the CUP
2023/01/17 City Council Post Agenda Page 336 of 501
6OVERCONCENTRATION
Overconcentration of liquor licenses is calculated by census
tract and is limited to “one [license] for each 2,500, or fraction
thereof, inhabitants of the [census tract] in which the premises
are situated”
California Alcoholic Beverage Control Act, Section 23817.5(a)(1)
2023/01/17 City Council Post Agenda Page 337 of 501
7OVERCONCENTRATION
City of El Cajon: 17.210.160
National City: 18.30.050.D.
City of San Diego: 141.0502(c)(2)
City of San Marcos: 20.425.030.B.1.
City of Solana Beach: 17.60.030.A.1.
2023/01/17 City Council Post Agenda Page 338 of 501
8OVERCONCENTRATION
City of Santa Monica Municipal Code Article
9.31.040:
“To limit the potential for community problems such
as public drunkenness, drunk driving, traffic
accidents, violent crime, noise, and nuisance from
an overabundance or overconcentration of the
availability of alcohol and its consumption.”
2023/01/17 City Council Post Agenda Page 339 of 501
HISTORY -1495 MELROSE AVE.9
2008:
April 14, 2008 –Applicant filed a Public Convenience or
Necessity (PCN) form with the Chula Vista Police Department
(CVPD) for the permission to sell alcohol for offsite consumption
(Type-21) at 1495 Melrose Ave.
May 14, 2008 –CVPD held a public hearing to determine if PCN
had been met in order to sell alcohol at the site
June 9, 2008 –CVPD determined PCN had not been met and
filed such decision with the City Clerk
June 17, 2008 –Applicant appealed CVPD’s PCN decision to the
City Council
2023/01/17 City Council Post Agenda Page 340 of 501
HISTORY -1495 MELROSE AVE.10
2008 (cont.):
August 12, 2008 –City Council upheld CVPD’s decision that PCN
had not been met (City Council Resolution No. 2012-225) citing
issues of overconcentration and a lack of neighborhood support
2023/01/17 City Council Post Agenda Page 341 of 501
HISTORY -1495 MELROSE AVE.11
2012:
August 9, 2012 –Zoning Administrator (ZA) held public hearing
on PCC-11-073 for the issuance of a Conditional Use Permit
(CUP) to sell alcohol for offsite consumption (Type-21) at 1495
Melrose Ave.
August 24, 2012 –ZA issued a Notice of Decision approving a
CUP for Type-21 licensed activities at the site
September 11, 2012 –Lewis Brewer filed appeal of ZA’s decision
November 20, 2012 –City Council upheld Mr. Brewer’s appeal
and reversed the ZA’s decision, thus denying the CUP (City
Council Resolution No. 2012-225) citing issues of
overconcentration and a lack of neighborhood support
2023/01/17 City Council Post Agenda Page 342 of 501
HISTORY -1495 MELROSE AVE.12
2018:
January 24, 2019 –Zoning Administrator held a public hearing
on CUP18-0023 for the issuance of a CUP to sell alcohol for
offsite consumption (Type-21) at 1495 Melrose Ave.
February 15, 2019 –ZA issued a Notice of Decision denying the
CUP for Type-21 licensed activities at the location due to issues
of overconcentration and a lack of neighborhood support
No Appeal was filed by the Applicant.
2023/01/17 City Council Post Agenda Page 343 of 501
HISTORY -1495 MELROSE AVE.13
2022:
May 17, 2022 –ABC sent
CVPD a notice of
application for a Type-21
license at 1495 Melrose
Ave.; the letter stated the
location of the business is
in Census Tract 133.06
and that there is currently
an overconcentration of
Type-21 licenses in Census
Tract 133.06
2023/01/17 City Council Post Agenda Page 344 of 501
CT 133.06 -CONCENTRATION 142023/01/17 City Council Post Agenda Page 345 of 501
CENSUS TRACTS 133.06 & 133.12 152023/01/17 City Council Post Agenda Page 346 of 501
HISTORY -1495 MELROSE AVE.16
2022 (cont.):
May 25, 2022 –CVPD protested the issuance of the license and
placed conditions on the license if ABC were to move forward
with issuance:
•Alcohol to be sold only between 8am and midnight, M-F
•No loitering on premises
•Owner must maintain litter-and graffiti-free premises
•No loud amplification systems (for noise control)
•All beer and malt beverages must be sold in
manufacturer’s pre-packaged, multi-unit quantities
•All US Super Gas employees must attend ABC training
2023/01/17 City Council Post Agenda Page 347 of 501
HISTORY -1495 MELROSE AVE.17
2022 (cont.):
July 12, 2022 –Applicant applied for a CUP with the
Development Services Department for the sale of alcohol for off-
site consumption (Type-21) at 1495 Melrose Ave.
October 2022 –Planning staff reviewed the project and
informed the Applicant that staff will recommend denying
CUP22-0023 based on oversaturation of Census Tract 133.06
(per ABC guidelines); Applicant asked for public hearing in front
of the ZA
2023/01/17 City Council Post Agenda Page 348 of 501
HISTORY -1495 MELROSE AVE.18
2022 (cont.):
November 15, 2022 –Applicant emailed ABC about ABC’s data
reflected on their website and took screenshots of webpages
2023/01/17 City Council Post Agenda Page 349 of 501
HISTORY -1495 MELROSE AVE.19
2022 (cont.):
November 16, 2022 –Zoning Administrator held a public
hearing on CUP22-0023 for the issuance of a CUP to sell alcohol
for offsite consumption (Type-21) at 1495 Melrose Ave.
December 2, 2022 –Zoning Administrator issued a Notice of
Decision on CUP22-0023 denying the permit due to issues of
overconcentration and a lack of neighborhood support
December 15, 2022 –Applicant appealed ZA’s decision
January 17, 2023 –City Council is scheduled to hear the Appeal
for CUP22-0023
2023/01/17 City Council Post Agenda Page 350 of 501
CENSUS TRACTS 133.06 & 133.12 202023/01/17 City Council Post Agenda Page 351 of 501
ABC LICENSES IN 133.06 212023/01/17 City Council Post Agenda Page 352 of 501
ZONING ADMIN’S DECISION 222023/01/17 City Council Post Agenda Page 353 of 501
BASIS OF APPEAL 232023/01/17 City Council Post Agenda Page 354 of 501
BASIS OF APPEAL 242023/01/17 City Council Post Agenda Page 355 of 501
BASIS OF APPEAL 252023/01/17 City Council Post Agenda Page 356 of 501
ABC LICENSES IN 133.06 262023/01/17 City Council Post Agenda Page 357 of 501
RECOMMENDATION
Conduct a public hearing and adopt a resolution denying
the appeal of US Super Gas, Inc. affirming the Zoning
Administrator’s previous action denying Conditional Use
Permit CUP22-0023 for an off-site consumption alcohol
license at 1495 Melrose Avenue.
272023/01/17 City Council Post Agenda Page 358 of 501
v . 0 03 P a g e | 1
January 17, 2023
ITEM TITLE
District 3 City Councilmember Vacancy: Nominate Applicants to be Interviewed, Determine a Date and
Time to Conduct the Interviews, and Potentially Take Related Action Regarding Procedures for Interviews
and Nominations
Report Number: 23-0027
Location: No specific geographic location
Department: City Clerk
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
A) Discuss and nominate applicants who submitted qualified applications during the application period to
be interviewed. The qualified applicants are: Nimpa Akana, Devonna Almagro, Griselda Delgado, David Diaz,
Alejandro Galicia, Gian Ghio, Alonso Gonzalez, Christos Korgan, Victor Lopez, Daniel Rice (Vazquez), Sophia
Rodriguez, Tamara Rodriguez, Frank Salaiz, Ida Spector, Diego Vargas, Tanya Williams, and Douglas Wolf
B) Select a date and time for an open City Council meeting to conduct the interviews for applicants who
receive two or more nominations
C) Discuss and possibly take action related to the interview process, interview questions, nomination
procedure, and related matters.
SUMMARY
On December 20, 2022, the City Council declared the District 3 City Councilmember seat vacant and declared
its intention to appoint a person to fill the vacant seat, see Resolution 2022-285. The application period to fill
the vacancy opened Friday, December 23, 2022, and closed on January 6, 2023. The City Clerk collected and
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P a g e | 2
has included all qualified applications received within the application period as an attachment to this report
(see Attachment 1).
Under Chula Vista Municipal Code (CVMC) Chapter 2.53, City Council members will make nominations from
the list of qualified applicants for those applicants they wish to interview. All qualified applicants who receive
two or more nominations will be invited to interview. The City Council will then collectively set a date and
time to conduct the interviews and discuss and possibly take action on details related to the interview
process, interview questions, nomination procedure, and other related matters. The following report
provides additional information and options for the nomination and interview process.
ENVIRONMENTAL REVIEW
The Director of Development Services has received the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
BACKGROUND
As a result of the November 8, 2022 election, District 3 City Councilmember Stephen C. Padilla was elected
to the State Senate and resigned from the City Council. The term for the office vacated by Councilmember
Padilla expires in December 2024. At the City Council meeting on December 20, 2022, the City Council
declared the seat vacant and confirmed its intention to fill the vacancy by appointment. The deadline to make
the appointment is Friday, February 3, 2023, in accordance with the City’s Charter.
District 3 Boundaries for Applicants. Although redistricting was completed in 2021 and new boundaries have
been drawn, the new map does not go into effect until the next primary election for each district (2022 for
Districts 1 and 2 and 2024 for Districts 3 and 4). The District 3 boundaries adopted in 2015 apply to fill this
District 3 City Councilmember vacancy.
Appointment Process – Basic Steps. Ordinance 3370 was adopted by the City Council in 2016, which
established the appointment process to fill City Council vacancies (CVMC 2.53). The basic steps in the process
are:
A. The public is notified of the vacancy (see Attachment 2 for the public outreach log)
B. The application period is open for 14 days
C. The City Clerk provides the City Council and the public with the qualified applications at the same
time, at least 72 hours before the meeting scheduled for nominations (see Attachment 1). City
Councilmembers must independently review all applications.
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P a g e | 3
D. If five or more qualified applications are received, the appointment process is as follows:
1. The City Clerk places an item on the agenda of an open meeting for nominations for
interviews
2. At the meeting for nominations, any member of the public, including any individual
submitting a qualified application, is afforded the opportunity to speak to the item
3. Following the public comment period, the Mayor and each Councilmember complete a form
indicating one or more applicants each wishes to nominate for an interview; the nomination
forms are public record and are retained on file with the City Clerk
4. The City Clerk publicly tallies the nominations and announces each applicant receiving two
or more nominations (“finalists”)
5. The Mayor and City Council set a date to hold an open meeting to interview the finalists
6. At the meeting for interviews, the public is afforded the opportunity to speak to the interview
item before the interviews take place
7. The Mayor and City Council conduct the interviews
8. Public comment is allowed again after the interviews
9. The Mayor and City Council publicly deliberate and appoint a person. The affirmative votes
of at least three Councilmembers are required to make the appointment.
PROCESS DETAILS FOR THE CURRENT VACANCY
Application Period. The application period for the District 3 City Councilmember vacancy began on Friday,
December 23, 2022, and ended on Friday, January 6, 2023. To accommodate various methods of application
submittal, the following deadlines were established:
Submitted electronically -11:59 p.m. on January 6, 2023
Submitted in person - 5:00 p.m. on January 6, 2023
Submitted via mail (U.S. Postal service) - must be postmarked by Friday, January 6, 2023, and
received by the City Clerk's office by 5 p.m. on January 11, 2023
Application Requirements. CVMC Section 2.53.030 defines “qualified application” as an application received
within the application period with all required components. At the City Council meeting on December 20,
2022, the City Council determined that, in addition to a completed application, the required application
components were a two-page résumé and a one-page biography. Each applicant asserted in the application
that they met all qualifications to hold office. The City Clerk verified that each application included the
required components and confirmed voter registration status in the applicable District 3 boundaries with
the Registrar of Voters.
Dissemination of Applications. Seventeen qualified applications were received. The City Clerk published
copies of all qualified applications on the City’s website and provided them to the City Council on January 9,
2023.
Qualified Applicants. All qualified applications are provided in Attachment 1. The names of all qualified
applicants are as follows (in alphabetical order by last name):
Nimpa Akana
Devonna Almagro
Griselda Delgado
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P a g e | 4
David Diaz
Alejandro Galicia
Gian Ghio
Alonso Gonzalez
Christos Korgan
Victor Lopez
Daniel Rice (Vazquez)
Sophia Rodriguez
Tamara Rodriguez
Frank Salaiz
Ida Spector
Diego Vargas
Tanya Williams
Douglas Wolf
ACTION A: NOMINATIONS OF APPLICANTS FOR INTERVIEW
The first action for this item is to make nominations for interviews following CVMC Section 2.53.040(E).
1. Any member of the public, including any individual submitting a qualified application, is afforded the
opportunity to speak to the item
2. Following the public comment period, the City Clerk will distribute a form to allow the Mayor and
each Councilmember to indicate one or more applicants each wishes to nominate for an interview;
the nomination forms are public record and are retained on file with the City Clerk
3. The City Clerk will publicly tally the nominations and announce each applicant receiving two or more
nominations (“finalists”)
Determination of Interview Order and Required Economic Interests Disclosure for Finalists
Following the meeting on January 17, the City Clerk will contact all applicants to advise them of the outcome
of the nominations.
On January 18, 2023, at 3 p.m., the order in which finalists will be interviewed will be determined by a
random lot by the City Clerk at City Hall, Building A Lobby, 276 Fourth Avenue, Chula Vista. The public is
invited to attend and observe.
At the City Council meeting on December 20, 2022, the City Council determined that each finalist would be
required to submit an economic interests disclosure form. All applicants have been provided with the form
and advised that finalists must submit it by January 19, 2023. Forms will be available as part of the agenda
packet for the meeting when interviews will be conducted, at www.chulavistaca.gov/d3application and
available at the Office of the City Clerk.
ACTION B: SELECT THE DATE AND TIME TO CONDUCT THE INTERVIEWS
The second action for this item is to set a date and time to conduct the interviews at an open meeting. In
selecting the date and time to conduct interviews, the City Council may wish to consider the February 3, 2023
deadline to make the appointment and the length of time required to conduct the interviews. For example, if
2023/01/17 City Council Post Agenda Page 362 of 501
P a g e | 5
interviews are 20 minutes, approximately two hours should be expected for every five candidates, which
allows transition time for interviewees and a brief recess.
ACTION C: DISCUSS AND POSSIBLY TAKE ACTION RELATED TO THE INTERVIEW PROCESS, INTERVIEW
QUESTIONS, AND OTHER RELATED MATTERS
It is at the City Council’s discretion to take action on items in this section. To facilitate streamlined and
organized proceedings, staff recommends that, at this meeting, the City Council consider determining the
procedures that will be used to conduct interviews and make the appointment.
Interview Alternative if Candidate Cannot be Present
CVMC Section 2.53.030 states that if an applicant cannot attend the scheduled interview, the City Council
may elect to consider a letter of interest or interview by other means. Unless the City Council directs
otherwise, staff will advise candidates that they must be physically present for the interview at the date and
time determined by City Council.
Interview Questions
The City Council will determine how and when to decide on interview questions. For the last City Council
appointment in 2015, each City Councilmember asked two questions. For reference, the questions from 2015
are included in Attachment 3.
The City Council may desire to determine the questions at this meeting to allow finalists to prepare
responses. Or, it may wish to decide on questions at the meeting held for interviews, in which case additional
time will be allotted before the interviews begin.
Procedure for Interviews
Staff recommends that the City Council provide direction on its preferred interview procedure so
instructions can be given to the finalists. CVMC 2.53 requires that public comments be allowed before the
interview process commences and again after the interviews and before City Council deliberation. The City
Council may provide direction on additional details for the process. The interview procedure described
below was followed during the 2015 City Council appointment:
1. At the beginning of the item for interviews, the Mayor gave an introduction and description of the
proceedings with all finalists in the Council Chambers
2. Although not done in 2015, the revised appointment process under CVMC 2.53 calls for public comments
to be accepted at this step
3. Out of respect for the interview process, the City Council requested that finalists turn in their cell
phones to the City Clerk and leave Council Chambers to wait in the City Hall lobby during interviews
of other candidates
4. Each finalist was called in individually for an interview lasting up to 20 minutes, which included a
five-minute introductory statement on why they wanted to be a Councilmember, eight questions
from the City Council, answers from the candidate, and a closing comment or statement from the
finalist
5. After the interview, the finalist collected their cell phone from the City Clerk and was allowed to
remain in Council Chambers
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P a g e | 6
6. Public comments were accepted after all interviews and before deliberations began (this step is
required under CVMC 2.53)
Procedure for Appointment
Staff recommends that the City Council determine the procedure that will be used to make nominations for
the appointment. The nomination and appointment procedure described below was followed during the
2015 City Council appointment:
1. Following all interviews and public comment, the process began with Councilmembers, in a pre-
determined seniority rotation, nominating a candidate for appointment and allowing for a second of
the motion. The pre-determined seniority rotation order was: Mayor Salas, Deputy Mayor
Bensoussan, Councilmember Aguilar, and Councilmember McCann.
2. The nominations and seconds were held without action until all four members of the City Council had
the opportunity to make a nomination.
3. Once all members made a nomination, nominations that received a second were taken up for a vote
in the same seniority order. If the motion failed, the following motion and second in the rotation was
voted upon.
4. This process was repeated until a motion passed. Once each Councilmember made one nomination,
and none of the nominations passed, the rotation began again with the Mayor making a motion.
5. The first affirmative vote of a majority of the City Council resulted in the City Councilmember
appointment being made.
6. Immediately after the appointment was made, the City Clerk administered the newly appointed
Councilmember their oath of office, and they took their seat on the dais.
DECISION-MAKER CONFLICT
Staff has received 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 Councilmember, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
This item will have no impact on the general fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
1. Qualified Application Packets
2. Public Outreach Log
3. 2015 Interview Questions
Staff Contacts: Kerry K. Bigelow, MMC, City Clerk, and Cristina Hernandez, City Clerk Analyst
2023/01/17 City Council Post Agenda Page 364 of 501
District 3 City Councilmember Vacancy
List of Qualified Applicants
Applicants are listed in alphabetical order by last name
Applicant Name Page Number
Akana, Nimpa 2
Almagro, Devonna 7
Delgado, Griselda 14
Diaz, David 21
Galicia, Alejandro 28
Ghio, Gian 35
Gonzalez, Alonso 42
Korgan, Christos 49
Lopez, Victor 55
Rice (Vazquez), Daniel 63
Rodriguez, Sophia 69
Rodriguez, Tamara 75
Salaiz, Frank 81
Spector, Ida 88
Vargas, Diego 94
Williams, Tanya 101
Wolf, Douglas 107
2023/01/17 City Council Post Agenda Page 365 of 501
Akana, Nimpa
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Almagro, Devonna
2023/01/17 City Council Post Agenda Page 371 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2170775
Submission Date: 1/6/202311:46 PM
1. First and Last Name: Devonna Almagro
2. Home Address:City: Chula Vista Postal/ZIP Code: 91913
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? Lived in the district for close to 15 years.
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Devonna Almagro
9. Present Employer: County of San Diego Office of County Supervisor Nora Vargas
10. Occupation: Director of Communications
11. Relevant Educational Background: Dual Degree Ethnic Studies and Spanish,Attended University
of San Diego
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.No
13. If yes, which one(s)? (n/a)
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? No
2023/01/17 City Council Post Agenda Page 372 of 501
15. Which ones?n/a)
16. Dates Served: (n/a)
17. Please list any local, civic, or community groups you have been involved with: SBCS,Casa Familiar,
Sherman Heights Community Center,Chula Vista CommunityCollaborative
18. What experience or special knowledge could you bring to this position?
As a former nonprofit executive,I bring the experience of managing budgets and staff,and
developing programs that align with an organization’s mission,while meeting the needs of
residents.As a Director with the Office of Supervisor Nora Vargas,I understand government at
thefederal,state,and local level.District 3 needs someone who can hit theground running and
has the interest of the people of Chula Vista atheart.I bring the experience,values,and ethic to
get the job done.
19. What would you hope to accomplish as a Councilmember?
My vision is a safe,sustainable,and thriving citythat provides opportunity to all Chula Vistans.I
look forward to working with community to develop comprehensive approaches to address
issues impacting our city, from housing affordability to keeping our communities safe,to
ensuring community infrastructure investments and building a more resilient economy that
benefits all.At the end of my tenure,I hope to have created a more civically engaged Chula Vista
to move ourcityforward,TOGETHER!
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election to District 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.DA
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. DA
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
2023/01/17 City Council Post Agenda Page 373 of 501
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted bymail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. DA
I understand thatthis application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. DA
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. DA
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
DA
2023/01/17 City Council Post Agenda Page 374 of 501
Devonna N. Almagro
PROFESSIONAL EXPERIENCE
Director of Communications San Diego, CA
Office of Vice Chair Nora Vargas – Supervisor, County of San Diego, District 1 January 2021 – current
Oversee Communications team as well as the development and implementation of a comprehensive
communications strategy to elevate the Supervisor’s policy priorities and strength public engagement
As member of the D1 COVID-19 Response Team, secured media/community partnerships, crafted messaging
for county’s marketing campaign, developed talking points for COVID subcommittee press conferences
Working with the policy and community engagement teams, developed, and implemented communications
tactics to gain earned media and support for more than 90 policies introduced since January 2021.
Established Supervisor’s branding and manage online media presence via website and social media platforms
Responsible for planning and coordination of all District 1 signature events: D1 Community Celebration &
Open House, Hispanic Heritage Celebration, State of the District Address
Communications Consultant Chula Vista, CA
Independent March 2019 – December 2020
As an independent bilingual communications consultant, delivered high level, professional, result-oriented
public relations, marketing, and event production services, serving political campaigns and nonprofit clients
Director of Communications and Community Relations Los Angeles, CA
HPLE, Inc. (High Performance Learning Environments, Inc.) March 2017 – February 2019
Developed corporate communications and outreach strategies to raise the company’s profile
Positioned company as a leader in school building via speaking opportunities at industry events and with local
trade and business associations
Engaged and cultivated relationships with stakeholders to establish and grow community support of projects;
Coordinated stakeholder meetings, site tours and other special events
Developed partnerships with local nonprofit organizations and designed the company’s corporate citizenship
strategies, offering employee engagement opportunities coupled with financial and in-kind contributions
Executive Director San Diego, CA
Sherman Heights Community Center April 2012 – March 2017
Oversaw activities relevant to the organization’s mission, including management of operations and programs
Supervised, counseled, and evaluated staff. Recruited, trained, and developed board members
Represented nonprofit to stakeholders including funders, elected officials, and community members
Led the development process of a 5-year strategic plan and new organizational governance tools
Established successful community partnerships, bringing vital arts & culture and wellness programming to the
community, to effectively meet the changing needs of the families served by the organization
Director of Community Relations San Diego, CA
Marston and Marston, Inc. August 2007 – March 2012
Developed and implemented strategic communications to broaden community awareness of clients’ initiatives
Served as liaison with elected officials, business, civic and community groups, and trade organizations
Administered all facets of more than 40 special events for clients in San Diego’s South Bay community
Increased media coverage for clients, including local and national media, prepared clients for media
interviews and external presentations, and secured speaking engagements and industry awards nationwide
Deputy Field Director Santa Ana, CA
Democratic Party of Orange County (DPOC) December 2006 – May 2007
Conducted outreach to democratic activists, elected officials, Latino advocacy organizations, and community
and labor organizations to mobilize local grassroots support for the DPOC
Crafted and executed party’s communications plan to increase campaign visibility, specifically building and
managing party’s relations with Spanish-language media outlets
Handled media relations; provided media training for campaign surrogates and party officials; coordinated
press conferences and other special events
2023/01/17 City Council Post Agenda Page 375 of 501
Lead Organizer – San Diego Coordinated Campaign San Diego, CA
California Democratic Party August 2006 – November 2006
Directed daily field operations; Managed, trained, and mentored field staff and volunteers
Established relationships with local, state, and federal elected officials as well as democratic activists,
progressive organizations, and labor and faith communities to garner support for the coordinated campaign
Program Director San Diego, CA
University of California, San Diego January 2003 – July 2006
Center for Community Healthy, Department of Pediatrics
Led large-scale social marketing initiative to motivate and empower children to increase their physical
activity as well as their consumption of fruits and vegetables
Served as spokesperson for the Regional 5 a day Campaign in San Diego and Imperial Counties
Facilitated community partnerships that resulted in the implementation of policy and environmental changes
Staff Assistant San Diego, CA
Office of United States Senator Barbara Boxer January 2001 – November 2002
Trained and supervised office interns; Directed constituents to corresponding caseworker
Prepared bilingual media for press releases, correspondence, and website material
Field Representative – No on 38 Campaign San Diego, CA
California Teachers Association June 2000 – December 2000
Managed campaign satellite office. Trained and supervised campaign staff and interns
Implemented campaign strategy locally through coalition building, earned media and effective
communication between campaign staff and community leaders
Developed bilingual collateral material and coordinated media events to increase campaign visibility
SKILLS
Astute business and political acumen
Fluent in verbal/written communication skills in English and Spanish; Accomplished bilingual presentation
and written communication skills tailored to a multi-cultural private, public or political setting
Excellent cross-functional team leader, team player, and proven coalition building skills
Ability to effectively lead staff & manage multiple projects under pressure to produce consistent quality work
Proven experience working effectively and sensitively with people of varying ethnic, socioeconomic, and
educational backgrounds
Extensive knowledge of Microsoft Office Suite
In-depth knowledge of social media and email marketing platforms
EDUCATION
UNIVERSITY OF SAN DIEGO - San Diego, CA
Bachelor of Arts: Ethnic Studies and Spanish
CIVIC ENGAGEMENT
Board Member San Diego, CA
Sherman Heights Community Center June 2019 – current
SPECIAL RECOGNITIONS
80th Assembly District’s 2017 Woman of the Year Honoree, Office of Assemblywoman Lorena Gonzalez
2017 Leadership and Service Proclamation, Office of Councilmember David Alvarez, City of San Diego
PROFESSIONAL LEADERSHIP TRAINING
Hispanas Organized for Political Equality (HOPE) Leadership Institute, Statewide Leadership Program,
Class of 2022
2023/01/17 City Council Post Agenda Page 376 of 501
Devonna Almagro - Bio
A community advocate, former nonprofit executive, and accomplished government and
public affairs professional, Devonna has dedicated her life to ensuring communities are
engaged, involved, and informed.
Devonna has over two decades of experience working at the intersection of
communications, community, and politics. Throughout her career, she has spearheaded
successful strategic communications campaigns and fostered key community partnerships.
She has been dedicated to increasing youth civic engagement in Chula Vista and the South
Bay and looks forward to expanding her public service to serve the residents of Chula
Vista’s District 3.
The daughter of a working-class family, Devonna knows firsthand the challenges that
residents face every day – it’s what has shaped her worldview and fueled her passion to
help others. As Communications Director for County Supervisor Nora Vargas, Devonna has
played a key role as a member of the District 1 COVID-19 Response Team, helping secure
key media and community partnerships in the South Bay. Together with her team, Devonna
helped promote vaccination efforts, developed innovative pilot programs to increase access
to care, and supported the opening of the County’s second vaccination superstation in
Chula Vista. These efforts led to increased vaccination rates in the hardest hit communities
of South Bay.
Devonna’s passion to serve is rooted in community and it inspires her to help create
opportunities that uplift youth and families.
2023/01/17 City Council Post Agenda Page 377 of 501
Delgado, Griselda
2023/01/17 City Council Post Agenda Page 378 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2170545
Submission Date: 1/6/2023 6:01 PM
1. First and Last Name: GRISELDA DELGADO
2. Home Address:Unit: City: Chula Vista Postal/ZIP Code: 91913
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 10 YEARS
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. GRISELDA A.DELGADO
9. Present Employer: SWEETWATER UNION HIGH SCHOOL DISTRICT
10. Occupation: DIRECTOR OF STATE FEDERAL PROGRAMS
11. Relevant Educational Background: Bachelor ofArts in English,Master’s in Education and
Administrative Credential with an emphasis in Critical Pedagogy.Currently,in the process of
completing a doctorate in Educational Leadership
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.Yes
13. If yes, which one(s)? Southwestern Community College
2023/01/17 City Council Post Agenda Page 379 of 501
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? Yes
15. Which ones?Chula Vista Cultural Arts Commission
16. Dates Served: 2015 2019
17. Please list any local, civic, or community groups you have been involved with: San Diego County
Military Veterans Council,San Diego County Office of Ed.Latino Advisory Board,San Diego
Youth Symphony Board
18. What experience or special knowledge could you bring to this position?
As an educator,I have gained skills that prepared me for this position since a school is the
microcosm of our community.The city services,in collaboration with police,fire department,
non profits,local business,and schools is an ecosystem that,if cultivated and strategically
planned,can develop a cohesivesystem to support accessible higher educational opportunities,
local jobs,affordable homes,and safe environments and activities for all ages,that can make
the city stronger.
19. What would you hope to accomplish as a Councilmember?
As a councilmember for District 3,I plan to be a collaborative and objective partner with my
councilmember colleagues while focusing on supporting the Chula Vista’s plan for establishing
a university,affordable housing for low and middle income residents,the concern of the local
landfill and supporting ideas on how to mitigate traffic congestion as our community grows.I
know this is a short appointment,but I plan to continue to support the city council,as an active
community member.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election to District 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.GAD
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. GAD
2023/01/17 City Council Post Agenda Page 380 of 501
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted bymail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. GAD
I understand thatthis application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. GAD
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. GAD
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
GRISELDA A.DELGADO
2023/01/17 City Council Post Agenda Page 381 of 501
continued…
Griselda A. Delgado, M.Ed.
Chula Vista, CA 91913 •
Educational and Community Leader
Dedicated, driven, award winning secondary and higher educational leader with a natural talent and
passion for the field of equity, inclusion and diversity. Credited with developing and implementing effective
district systems and efficient academic school programs while always keeping the best interest of the
students at the forefront. Highly accomplished in successfully acquiring program funding, district financial
audits, increasing graduation/completion rates, and leading organizational transformational district
changes.
Core Competencies
Educational Leadership Higher Education Fundraising
Secondary Education Program Management Student Performance
Community Advocacy Budget Management Student Leadership
Professional Experience
Sweetwater Union High School District, Chula Vista, CA, 1997 to Present
Director, State & Federal Programs - 2018 to Present
Efficiently manages, approves and oversees the expenditures of over $150M of district federal and state
funds including the after school grants. Ensure all funding is expended in every school site and at the
district level according to all county and state approved plans and federal guidelines to support
homeless/foster, low income and underperforming students. Collaborate with universities to increase
professional development and educational pathways for district parents. Utilize comprehensive knowledge
base and skill set in order to strengthen the direction, supervision, and management of daily operations to
enhanceacademic services on campuses and district offices. Strategically plan for and support sustainable
growth for programs using the cycle of continuous improvement.
Key Contributions:
Facilitate and train school leaders on how to develop and operationalize their school plan for student
achievement (SPSA) while using their allocation of federal and COVID19 federal funding.
Created and implemented new systems that brought the organization back up to full compliance.
Lead district state Federal Program Monitoring review two years with zero fiscal findings.
Gained funding and instituted parent educational workshops to engage parents and develop leaders.
Principal, Hilltop Middle School - 2014 to 2018
Productively planned, operated, supervised, and evaluated educational programs while overseeing a $2M
school and $233k Title I budget. Guaranteed all funds were administered appropriately. Helped teachers
to embrace restorative practices that resulted in increased overall morale. Employed communications,
leadership, and education expertise in order to facilitate environments highlyconducive to student learning.
Remained committed to coaching effective teachers and training them to lead in reflecting on implicit bias
training and mental health services.
2023/01/17 City Council Post Agenda Page 382 of 501
Griselda A. Delgado M.Ed. Page 2
Key Contributions:
Developed engineering, music, and drama programs where none existed before; lobbied for and
received over $100k in funding along with a $120k after-school program grant.
Significantly increased and enhanced teacher involvement by designing the first School Equity Plan.
Won the following: SDCOE Innovative Award, Golden Ribbon Award, California Distinguished School,
and the Title I Academic Achievement Award.
Principal, Palomar Continuation High School - 2009 to 2014
Transformed practices that inspired teachers and students to proactively track progress towards academic
and retention goals and increased graduation rates of the district’s lowest performance students. Devised
policies that increased attendance, productivity, and goal attainment. Designed county continuation high
school principals’ workshops that led to enhanced teaching and learning environments in Alternative
Education. Established Advanced Placement and Arts programs where there was previously none.
Maintained sharp focus on the educational and developmental needs of the students.
Key Contributions:
Boosted attendance 100% by developing new and improved processes, programs, and procedures;
reached #1 in attendance out of 404 state continuation high schools.
First in the state to establish Advanced Placement courses for students.
Raised standardized testing scores by 20%.
Awarded California State Model Continuation High School.
Additional Roles in Sweetwater District: Principal at Bonita Vista High School and at Chula Vista Middle
School, Assistant Principal at Bonita Vista High School and Montgomery High School
Education
Doctorate in Educational Leadership, San Diego State University (in progress)
Master of Arts in Education, San Diego State University
Bachelor of Arts in English, San Diego State University
Awards
California Continuation Education Association Principal of the Year
SDCOE Bilingual Educational Leader Award
Memberships
Association of California School Administrators (ACSA)
Association for Curriculum & Development (ASCD)
American Educations Research Association (AERA)
California Association for Bilingual Education (CABE)
Professional & Community Involvement
Vice Chair, San Diego County Military and Veterans Advisory Council, 2021 to Present
Board of Trustees, Southwestern Community College, 2014 to Present
Chair, Western Association of Schools & Colleges Visiting Committee, 2013 to Present
South Bay Representative, Latino Advisory Board to the County Superintendent, 2007 to Present
Board of Directors, San Diego Youth Symphony, 2015 to 2021
Commissioner, Chula Vista Cultural Arts Commission, 2015 to 20192023/01/17 City Council Post Agenda Page 383 of 501
Griselda A. Delgado
Biography
Born in Mexicali, Mexico, Griselda Delgado came to the United States as an immigrant and an
English Learner at the age of seven. Her love for this country led her to initiate her educational
career with the United States Army Reserves which she served for 7 years as a finance specialist.
Griselda has dedicated herself to secondary education and after starting her high school teaching
career in Los Angeles Unified School District, she eventually settled in Chula Vista in 1997 and
continued her commitment to education in the Sweetwater Union High School District where she
earned awards such as Bilingual Educational Leader Award and Principal of the Year. She
served in various positions as a teacher and administrator and currently serves as the Director of
State and Federal Programs overseeing the appropriate use of over $100 million in funding.
As a 25-year resident of Chula Vista, Griselda is proud of growing up in a binational region and
valuing the complexities and benefits of growing up in two countries. As an immigrant, she
learned at an early age to value education and the opportunities this country has for young
people. She earned a Bachelor of Arts in English, Master’s in Education and Administrative
Credential with an emphasis in Critical Pedagogy. Currently, she is in the process of completing
her doctorate in Educational Leadership from San Diego State University.
Griselda has served as a board member for Southwestern College Community College since
2014 and she currently serves as Vice Chair as the District 1 representative for the San Diego
Military and Veterans Council. She has also served as a Commissioner on Chula Vista Cultural
Arts Commission and as a board of directors’ member for the San Diego Youth Symphony. She
has also served in the San Diego County Office of Education Latino Advisory Committee for
over 15 years.
Her drive and commitment to serve the community comes from her advocacy for Chula Vista to
be the best place to live in a safe and inclusive environment, for residents to have access to
higher educational opportunities, be able to work in the community, feel the success of becoming
a homeowner and raise a family where children want to raise their families.
Griselda has two adult sons who are college graduates, residents, and work and plan to raise their
future families in Chula Vista.
2023/01/17 City Council Post Agenda Page 384 of 501
Diaz, David
2023/01/17 City Council Post Agenda Page 385 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2170759
Submission Date: 1/6/202311:20 PM
1. First and Last Name: DAVID DIAZ
2. Home Address:Unit: City: Chula Vista Postal/ZIP Code: 91913
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 20 YEARS
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. DAVID DIAZ
9. Present Employer: COUNTY OF SAN DIEGO REGISTRAR OF VOTERS
10. Occupation: VOTER OUTREACH LEAD
11. Relevant Educational Background: Doctorate Candidate)in International Law International
Relations,Master ofArts in Negotiation,Conflict Res.Peacebuilding,Bachelor ofArts in
International Security Conflict Res.
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.Yes
13. If yes, which one(s)? Presidential Appointment,Local Board Member of the State of California,
Selective Service System
2023/01/17 City Council Post Agenda Page 386 of 501
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? Yes
15. Which ones?Presidential Appointment,Local Board Member of the State of California,Selective
Service System
16. Dates Served: 2013 Present
17. Please list any local, civic, or community groups you have been involved with: San Diego Downtown
Evening Rotary Club,United Services Rotary Club,United Nations Association of the USA,
Mediators Beyond Borders
18. What experience or special knowledge could you bring to this position?
My most relevant experience and special knowledge that I bring to the City Council is my
extensive experience sitting on nonprofit boards as well as serving as a State level Chair for my
political party.My relevant experience dates back to my days as Student Senator at
Southwestern College.
19. What would you hope to accomplish as a Councilmember?
As a member of the City Council,I will focus on internationalizing Chula Vista and making our
city a global player by leveraging my international contacts.I will work tirelessly to help solve
the homeless and housing crisis that go hand in hand as it is impossible to solve one without the
other.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election to District 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.DD
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. DD
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
2023/01/17 City Council Post Agenda Page 387 of 501
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted bymail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. DD
I understand thatthis application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. DD
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. DD
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
DAVID DIAZ
2023/01/17 City Council Post Agenda Page 388 of 501
David Diaz, MA, PhDc
EDUCATION
Doctorate (Candidate) in International Law & International Relations (TBD)
European Certificate of Advanced Studies (“All But Dissertation” Certificate) (Oct 2011)
Universidad Complutense de Madrid, Madrid, Spain
Master of Arts in Negotiation, Conflict Resolution & Peacebuilding (2014)
California State University, Dominguez-Hills, Carson, CA, USA
Bachelor of Arts in International Security & Conflict Resolution (2006)
San Diego State University, San Diego, CA, USA
International Relations-Summer Seminar (2006)
East Mediterranean University, Famagusta, Cyprus
Comparative Law & Russian-Intensive Summer Program (2006)
Lomonosov Moscow State University, Moscow, Russia
Associate’s Degree in Political Science (2007)
Southwestern College, Chula Vista, CA, USA
LANGUAGES
Spanish: ILR Level 5 - Native or Bilingual Proficiency *Italian: ILR Level 3 - Professional Working Proficiency/C1
French: ILR Level 2 - Limited Working Proficiency/B2
CERTIFICATIONS & QUALIFICATIONS
Conflict Transformation Certificate (Intensive four week course) (2011)
Initiatives of Change, Caux, Switzerland (English/French)
Understanding the Black Sea Region Certificate (NATO Sponsored Training) (2011)
Center for International and European Studies (CIES), Istanbul, Turkey
Disaster Public Affairs Certificate (2010)
American Red Cross, San Diego/Imperial Counties Chapter, San Diego, CA, USA
Public Policy and Biological Threats Training Certificate (2009)
University of California, Institute on Global Conflict and Cooperation , La Jolla, CA, USA
Exploring Humanitarian Law Certificate (2009)
American Red Cross, National Headquarters, Washington, DC, USA
Identity Management Certificate with Emphasis on Popular & Religious Traditions (2008)
7th Euro-Mediterranean Meeting, Cariati, Calabria, Italy (Italian/English)
Diversity Management Certificate (2004)
Southwestern College, Chula Vista, CA, USA
RELEVANT PROFESSIONAL EXPERIENCE
County of San Diego Registrar of Voters, Outreach Lead (2017-Present)
Provide Spanish Language voter education and outreach to citizens with limited English proficiency.
Translate and proofread in English and Spanish: election sample ballots, voter information pamphlets, legal notices, voter
notices, media releases, frequently asked questions and website.
Assist Spanish speaking citizens with voter information and registration at community events.
Conduct bilingual Poll Worker Orientations and recruitment.
Organized community presentations and voter education.
Effectively make use of the Registrar of Voters database in order to assist voters.
2023/01/17 City Council Post Agenda Page 389 of 501
Political & Global Affairs Analyst, KSDY Channel 50, San Diego, CA, USA (2017)
Appeared on television and the internet with my analysis and commentary on current political and global affairs.
Played a key role in disseminating ideas and views in an accessible way to the public.
Utilized my background as an international scholar to provide a global perspective to the local community.
Video Remote Interpreter (Spanish), Language Line Solutions (2013 - 2014)
Processed calls on demand and rendered meaning of conversations in the consecutive mode of interpretation.
Processed information quickly and concisely, recognizing sensitive cultural differences and remained professional and
courteous at all times.
Disaster Preparedness Volunteer, American Red Cross, Monterey County Chap. (2013 - 2014)
Served as an American Red Cross representative distributing preparedness information at community events, talking to
groups about Red Cross programs, services and related information.
Educated individuals and groups on how to prepare before a disaster occurs and provided materials and training.
Access Control Volunteer, 2013 Presidential Inaugural Committee, Washington, DC, USA (2013)
Initially greeted and directed inauguration attendees.
Upon an absence in the established chain of command, I took the initiative and assumed the leadership and control of one of
the main access points for the inauguration, closely coordinating and working with both the Secret Service and the National
Guard.
Field Organizer, Organizing For America, Las Vegas, Nevada, USA (Eng/Spa) (2012)
Recruited, retained, mobilized, managed and trained volunteers in key organizing skills and get-out-the-vote techniques in a
battleground state.
Recruited a small team of fellows from Europe and California before I even started working on the campaign.
Recruited, retained and trained a local volunteer as a full time volunteer and "Assistant Field Organizer."
Intern, Political Section, Embassy of the United States, Madrid, Spain (2011)
Represented the Embassy at outside events of interest to the Political Section.
Drafted the Embassy’s classified daily report to Washington on political and economic events in Spain.
Assisted political officers with research and drafting of cables and reports.
Field Organizer/Office Manager, San Diego County Democratic Party, Chula Vista, CA, USA (2010)
Recruited, retained, mobilized, managed and trained volunteers in key organizing skills and get-out-the-vote techniques.
Managed the South County Field Office for the San Diego County Democratic Party.
Coordinated with Organizing for America and all the endorsed campaigns and candidates.
Iraqi Elections Observer, United States Department of State, El Cajon, CA, USA (2010)
Responsible for assuring Iraqis that the State Department was focused on their election.
Responsible for observing, documenting and reporting any irregularities observed.
Responsible for providing an overall assessment of the Iraqi elections in San Diego for State Dept. briefing materials.
SELECTED AFFILIATIONS
Democrats Abroad Baja California, Chapter Founder and Lead Organizer (2020-Present)
San Diego Downtown Evening Rotary Club, Charter Vice-President and Foundation Chair (2019-Present)
United Services Rotary Club, President (2015-16)
United Nations Association of the United States of America, Delegate (2015)
United Services Rotary Club, International Service Director & President Elect (2014-15)
Mediators Beyond Borders, California State University, Founding Chapter President (2008-10)
Associated Student Organization, Southwestern College, Student Senator, Honorary Life Member (2003-Present)
SELECTED AWARDS & HONORS
Presidential Appointment, Local Board Member of the State of California, Selective Service System, USA (2013-Present)
Honorary Rotarian, Madrid-Cibeles Rotary Club, Spain (2011)
Certificate of Esteem and Friendship from Mayor Sero of Cariati, Italy (2009)
Certificate of Appreciation from Mayor Ozawa of Odawara for Contributions to Better US-Japan Relations (2001)
2023/01/17 City Council Post Agenda Page 390 of 501
David Diaz is an experienced interdisciplinary international professional operating globally in both the
public and private sectors. He possesses a notable background and history in Spain, Mexico, and the
United States. He has native professional proficiency in both English and Spanish; fluency in Italian;
and a working knowledge of French. He is currently the Voter Outreach Lead for Spanish Language
Services with the San Diego County Registrar of Voters. Diaz served as Charter Vice President, and
Foundation Chair for the San Diego Downtown Evening Rotary Club 2020-21. He is a Past President
of United Services Rotary e-Club.
At one point, Diaz worked concurrently for the Outreach Department of the San Diego County
Registrar of Voters and a Department of Homeland Security component. Prior, he was a Political &
Global Affairs Analyst for Interactiva News KSDY San Diego. He was also a delegate to the UN
Population Conference for the United Nations Association of the United States. In 2013, he received a
lifetime Presidential appointment as a member of the U.S. Selective Service System Local Board in the
State of California. In 2012, he worked as Central Las Vegas Field Organizer for OFA—President
Obama’s Re-election Campaign. In 2011, he served at the Political Section of the American Embassy
in Madrid, Spain. Additionally, he was a Rotary Ambassadorial Scholar and a Caux Scholar. In 2010,
he served as an Office Manager/Field Organizer for the San Diego County Democratic Party. He has
served as a Disaster Public Information Officer for the American Red Cross. He has significant
experience in the private sector that dates to his teenage years when he helped his mother manage her
store in Mexico. It continued through the years when he opened a language school in the Madrid
suburb of Pozuelo de Alarcon.
Diaz continues to work towards the implementation of his Sustainable Peace Education Project for
which he was awarded student membership in the Clinton Global Initiative. In March 2010, he served
as a U.S. Department of State Iraqi Elections Observer. He lectured at the 2009 Euro-Mediterranean
meeting on “Identity & Conflict” in Italy and “Post-Conflict Development” in Croatia. He has also
collaborated with the American Red Cross (ARC) International Services Department on a pilot
program to establish both undergraduate and postgraduate courses in International Humanitarian Law
IHL) in San Diego County. Diaz is certified by the ARC in IHL. That same year, he was granted a
University of California, Institute on Global Conflict and Cooperation fellowship, during which he
earned a certification in Public Policy & Biological Threats.
Diaz carried out his Ph.D (currently ABD) in International Law & International Relations at
Universidad Complutense de Madrid and earned his M.A. in Negotiation, Conflict Resolution &
Peacebuilding at California State University-Dominguez Hills. He received his B.A. in International
Security & Conflict Resolution from San Diego State University. He also holds an A.A. in Political
Science from Southwestern College where he was also certified in Diversity Management. In addition,
he studied Comparative Law and Russian at Lomonosov Moscow State University and International
Relations at East Mediterranean University in Famagusta, Cyprus. Prior to moving to Madrid to work
for the Spanish Ministry of Education, he worked at the Institute of the Americas in La Jolla,
California, in the Information and Communication Technologies programs. During his time in Spain
2008 – 2012) Diaz was an active member of Democrats Abroad, Madrid. Diaz has been elected to
Honorary Membership in the Madrid Cibeles Rotary Club and other Civil Society Organizations
CSOs). He is an international speaker who frequently speaks at Rotary Clubs and other CSOs.
His current research interests include but are not limited to: Global Governance, Conflict Resolution,
Anti-Aging, and Comparative Religion in addition to Atypical Spiritual Traditions and Belief Systems.
2023/01/17 City Council Post Agenda Page 391 of 501
Galicia, Alejandro
2023/01/17 City Council Post Agenda Page 392 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2167938
Submission Date: 1/5/2023 3:08 PM
1. First and Last Name: Alejandro Galicia
2. Home Address:Unit: City: Chula Vista Postal/ZIP Code: 91913
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 7 years
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Alejandro Galicia
9. Present Employer: AGBW Corp
10. Occupation: Small Business Owner
11. Relevant Educational Background: BA Linguistics,University of California,Los Angeles UCLA),
MA Transportation American Military Univesity AMU),Entrepeneurship Cert,UCLA Anderson
School of Management
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.No
13. If yes, which one(s)? (n/a)
2023/01/17 City Council Post Agenda Page 393 of 501
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? Yes
15. Which ones?Veterans Commission,Caltrans Small Business Council,CalVet Small Advisory
Board
16. Dates Served: 2009 2013,2008 2020,2014 2018
17. Please list any local, civic, or community groups you have been involved with: BoardMember,
Bonita Museum and Cultural Center,Board of Advisors,Us4Veterans,VFW,American Legion,
Fleet Reserve Association,Navy League
18. What experience or special knowledge could you bring to this position?
I bring a well rounded background and knowledge base that will enable me to help make better
decisions in managing our city's resources on behalf ofour fellow Chula Vistans.This includes
business experience,personal/intimate knowledge of northern Baja,a strong connection to
local veterans,personal and knowledge of our local heritage and history,a solid military and
commercial transportation with a strong planning emphasis)background and a genuine
desire to effect positive change.
19. What would you hope to accomplish as a Councilmember?
I will serve with the intentto make a difference as follows:1.Make Chula Vista a Small Veteran
Micro Business Friendly City in every way possible.2.Encourage the construction of more
affordable housing units by cutting red tape the single best way to make it easier for young
families to achieve the American dream as well as to combat homelessness.3.Keep Chula
Vistans safe and secure.We need morepolice officers and a stronger effort toward community
based policing.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election to District 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.AG
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. AG
2023/01/17 City Council Post Agenda Page 394 of 501
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted by mail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. AG
I understand that this application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. AG
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. AG
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
Alejandro Galicia
2023/01/17 City Council Post Agenda Page 395 of 501
Alex Galicia
About
Experienced in the business, non-profits & military leadership environments. As a business owner, I successfully lead
sales planning, marketing, business development & executive management in highly-competitive efforts ranging from
construction start ups to Fortune 500 legacy airlines & ocean cargo firms. As an Army Officer, I led Army & Joint-Service
teams in peacetime training & combat missions.
I seek to grow my company, assist fellow vets & small businesses to achieve long-term self-sufficiency.
Work Experience
Principal, AGBW Corp dba BPI PLUMBING, Dec 2005 - Present · 17 yrs 2 mos, Chula Vista, CA
BPI Plumbing is a full-service plumbing contractor. Our top priority is serving our customers. We strive to become an
industry leader in our field by providing consistent, honest and reliable service, we’re earning and keeping our
customers trust and respect.
Logistics/ Transportation Officer, US Army/ National Guard, May 1997 - Apr 2017, 20 yrs 224th Sustainment Brigade, Long
Beach, CA
The National Guard is a community based land force maintained at the optimum level of preparedness and readiness. It
organizes, trains, equips, & resources to support local, state &/or federal authority.
The Logistics Corps includes the 3 logistics branches—Quartermaster, Ordnance, & Transportation.
I was inducted into the Transportation Corps in 2001. Upon completion of CLC3 & my company command, I was inducted into
the Logistics Corps in 2010. I am a multifunctional logistician. I am part of a team that primarily plans, integrates, & executes
sustainment operations. .
Small Business Consultant, Small Business Development & International Trade Center · Part-time, Aug 2012 - Oct 2016 · 4 yrs 3
mos, National City, CA
The Small Business Development Center empowers small businesses and entrepreneurs. Through vital, no-and-low-cost
services, we provide business owners with the tools and resources that they need to power our state’s economic engine.
Sales and Airport Management Positions, United Airlines, Nov 1995 - Apr 2011 · 15 yrs 6 mos, Chicago / Los Angeles
RETIRED
Customer Service Supervisor,
International Sales Planner.
Quality Service Auditor (The Secret Customer)
International Account Executive
Automation Account Executive
2023/01/17 City Council Post Agenda Page 396 of 501
Education
University of California, Los Angeles, Bachelor of Arts, Linguistics, 1992, The goal of linguistics is the enrichment of knowledge
about the nature, grammar, and history of human language. Linguistics is a theoretical discipline, akin to philosophy,
anthropology, and cognitive psychology. It is important for prospective students to understand that studying linguistics is not a
matter of learning to speak many languages. Linguistics courses draw examples from the grammars of a wide
variety of languages, and the more languages linguists know about in depth (as distinct from possessing fluency in the use of
them), the more likely they are to discover universal properties. It is also possible to pursue these universal aspects of human
language through the intensive in-depth study of a single language.
UCLA Anderson School of Management, Entrepreneurship Bootcamp for Veterans (EBV), 2008 - 2009, Activities and societies:
Entrepreneurship Boot Camp for Veterans with Disabilities (EBV): Offers cutting-edge training in entrepreneurship and small
business management to veterans disabled as a result of their service. EBV also helps coordinate efforts with other programs
and services for veterans.
The intent of the EBV is to open the door to small business ownership by developing your competencies in building and
sustaining an entrepreneurial venture.The intent of the EBV is to open the door to small business ownership by developing your
competencies in building and sustaining an entrepreneurial venture.
American Military University, Masters, Transportation and Logistics, 2007 - 2010 The Master of Arts in Transportation and
Logistics Management by American Military University (AMU) is designed to build leadership and knowledge in transportation
and supply chain optimization, security, and sustainability.
Volunteering
Board Member, Bonita Museum & Cultural Center, Aug 2020 - Present · 2 yrs 6 mos. The Bonita Historical Society is dedicated
to preserving, for public education and enjoyment, the culture, history, arts, crafts, and aesthetic facets of the region,
specifically El Rancho de la Nación in South San Diego County.
Small Business Advisory Board Member, Caltrans, Jul 2012 - Present · 10 yrs 7 mos . According to the Small Business
Administration there are over 23 million small businesses in America. Small businesses face many hurdles, one of which may
simply be receiving the proper information. The goal of the California Department of Transportation (Caltrans) District 11 Small
Business Unit is to educate small businesses on certifications and opportunities.
Veterans Commission, City of Chula Vista, CA , Chairman · Jun 2009 - Jun 2013. Chairman of an City Commision chartered to
provide advice to the City Council on matters directly relating to veterans. Sample duties include: promoting and assisting the
City on Veteran's Day or Memorial Day observations and other events; encouraging and promoting patriotism and interest in flag
etiquette and display; studying future needs of veterans, such as veterans' homes and halls; providing a forum to discuss issues
relating to military veterans; and formulating and recommending a City position and endorsement regarding proposed
legislation affecting veterans and military personnel.
2023/01/17 City Council Post Agenda Page 397 of 501
I was born in Los Angeles but grew up between LA, San Diego and Tijuana as a result of my
parents separation and eventual reconciliation. I graduated from Montgomery High School in San
Diego in June, 1985.
I am both a veteran of both the US Navy and the US Army. I enlisted in the Navy directly out of
high school, I attended boot camp and my initial school at Recruit Training Command at the old
Naval Training Center, San Diego. I received an early honorable discharge. I was accepted and
enrolled at the University of California, Los Angeles (UCLA). In 1992, I was awarded a
Bachelor's degree in Linguistics. I was the first person in my family to both serve in the military
as well as to attend and complete college. After college, I returned to the military as a Citizen
Soldier. I enlisted in the Army National Guard (California) where I served as a combat medic at
a Field Artillery Unit. I attended and successfully completed Officer Candidate School (OCS)
after which I trained as a Transportation Officer and eventually transitioned (per the career path)
to become a Multifunctional Logistician. I have 3 overseas tours including Operation Iraqi
Freedom, Operation New Horizons (Nicaragua) and Operation Rapid Trident (Ukraine). I also
served on the US-Mexico border (San Diego and Imperial Counties) as Safety and Environmental
Officer for Operation Jump Start, when the National Guard was ordered to support the US Border
Patrol from 2006 to 2008. In 2017 I retired as a Major having completed 24 years of service.
During college, I was trained as a student travel agent. This particular job eventually led me into
the field of tourism and air transportation both in the military as well as a civilian. I worked at 2
travel agencies, one at UCLA the other at UCSD. I also worked for 3 airlines, the vast majority
of the time at United Airlines. My airline specialty was both in automation (where I won several
sales awards), airport operations (where I oversaw both domestic and international terminals at
LAX) and as an international sales planner at United's World Headquarters in Chicago, IL. In
2010, I received an early retirement from United.
Since 2006, I have owned and operated my old family business, BPI Plumbing (formerly Benny
Plumbing) out of South Bay (having moved our office between Imperial Beach, Nestor, Chula
Vista and Bonita). During this time, I have devoted time to assisting fellow service disabled
veterans transition to civilian life, while battling both physical and psychological
disabilities. While I have focused on the pathway to business ownership, my journey helping
veterans has also involved mentoring those who simply want to enter the work force. I have
also worked with local schools and training institutes to promote the skilled trades to at
risk youth. My focus on service disabled veterans and at risk youth has been natural. At different
times in my life, I have been both.
I currently live in the Otay Ranch area of Chula Vista with my wife Luz Mireya.
2023/01/17 City Council Post Agenda Page 398 of 501
Ghio, Gian
2023/01/17 City Council Post Agenda Page 399 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2158960
Submission Date: 1/1/2023 2:36 PM
1. First and Last Name: Gian Ghio
2. Home Address:Unit: City: Chula Vista Postal/ZIP Code: 91911
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 20 years
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Gian Ghio
9. Present Employer: First Legal
10. Occupation: Office Manager
11. Relevant Educational Background: Bachelor ofArts in Psychology from San Diego State
University
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.No
13. If yes, which one(s)? (n/a)
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? No
2023/01/17 City Council Post Agenda Page 400 of 501
15. Which ones?n/a)
16. Dates Served: (n/a)
17. Please list any local, civic, or community groups you have been involved with: N/A
18. What experience or special knowledge could you bring to this position?
I have spent the majority of my working life in supervisory or managerial roles.I have managed
staffs up to 40 employees and feel I well suited to working under the pressures that would be
required of a city council member.I am a good listener,communicate effectively, consider
myself unbiased and open to exploring ideas from opposing viewpoints.I have worked in
customer facing positions for over 30 years and feel that would be a very good transferable
quality for a council member.
19. What would you hope to accomplish as a Councilmember?
My primary objective would be addressing homelessness with a multi pronged approach of
building a permanent shelter,increasing affordable housing options,providing mental health
outreach services,and taking a more proactive approach to helping citizens in need.I would
also like to see the addition of more green space and parks in West Chula Vista,mass transit
expansion into East Chula Vista,road repairs along Main Street,eliminating the 125 toll,and
small business incentives.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election toDistrict 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.GDG
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. GDG
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
2023/01/17 City Council Post Agenda Page 401 of 501
submitted by mail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. GDG
I understand that this application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. GDG
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. GDG
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
Gian David Ghio
2023/01/17 City Council Post Agenda Page 402 of 501
2023/01/17 City Council Post Agenda Page 403 of 501
2023/01/17 City Council Post Agenda Page 404 of 501
2023/01/17 City Council Post Agenda Page 405 of 501
Gonzalez, Alonso
2023/01/17 City Council Post Agenda Page 406 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2170772
Submission Date: 1/6/202311:43 PM
1. First and Last Name: Alonso Gonzalez
2. Home Address:Unit: City: Chula Vista Postal/ZIP Code: 91913
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 7.5 years
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Alonso P Gonzalez
9. Present Employer: Pac Pro Real Estate
10. Occupation: Broker
11. Relevant Educational Background: Masters,Public Administration
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.No
13. If yes, which one(s)? (n/a)
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? No
2023/01/17 City Council Post Agenda Page 407 of 501
15. Which ones?n/a)
16. Dates Served: (n/a)
17. Please list any local, civic, or community groups you have been involved with: Pacific Southwest
Assocn of Realtors,Urban Land Institute
18. What experience or special knowledge could you bring to this position?
Land Use and Public Administration
19. What would you hope to accomplish as a Councilmember?
I would work with the Council as a whole to effectively promote our shared ideals of equity;and
partner with City staff to translate the Council direction into measurable results.While
advocating for the balanced growth and amenities increasingly expected by District 3 residents.
The term is for a modest period of time but mylastingimpact will be to enhance a collaborative
communicative style of Council.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election to District 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.AG
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. AG
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted by mail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. AG
2023/01/17 City Council Post Agenda Page 408 of 501
I understand that this application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. AG
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. AG
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
Alonso Gonzalez
2023/01/17 City Council Post Agenda Page 409 of 501
Alonso Gonzalez
SUMMARY OF QUALIFICATIONS
10 years of real estate & government relations consulting experience
8 years in local government service in land use and policy development
Strong project management and administration skills
Excellent public communication skills in English and Spanish
PROFESSIONAL EXPERIENCE
Principal/Broker Pac Pro Real Estate, July 2012 - Present
Successfully managed in-fill residential development projects though SD City
Development Services from entitlement through design, permitting and construction.
Other projects include multi-family housing, commercial centers, grocery store,
self-storage and special use permits including CUPs and NUPs.
Satisfied clients include contract home builders, land-use attorneys and design
professionals as well as property owners.
Stellar record of success before planning groups including SD County Board of
Supervisors, SD City Council and Planning Group, Chula Vista City Council and other
municipalities and disparate community planning groups.
Government Relations Mgr Bay Area Council’s Repair CA, July 2009 – November 2010
Created a statewide speaker ’s bureau, trained speakers and provided speeches, speaking
points and event management for over 50 events
Gained support from statewide organizations and over 15 resolutions of support from
county and city governments
Managed staff, coalition partners and volunteers to maximize media coverage
Deputy Chief of Staff San Diego City Council, Jan. 2006 – July 2009
Director of legislative research and policy development for Council President
Developed speaking points, media aids and materials for public presentations
Developed internal procedures for docket information dissemination and briefings
Coordinated with Mayor ’s staff to present budget forecasts to Councilmembers
Shared responsibilities for managing Council staff
Committee Consultant to Land Use/Housing and Rules Committees and alternate
member of California Coastal Commission
Initiated creation of an Infrastructure Financing District at border region
and two Maintenance Assessment Districts
Council Representative San Diego City Council, Feb. 2001 - Sep. 2005
Land use policy analyst and Liaison to Mayor Jerry Sander ’s legislative staff
Regular presentations before planning groups and community organizations
Organized large community events and public forums with 100+ attendees
Recognized as office’s “Problem Solver”
2023/01/17 City Council Post Agenda Page 410 of 501
ELECTORAL CAMPAIGNS:
Juan Vargas, Ben Hueso, Ralph Inzunza, Alex Padilla, Bob Filner, SEIU, BIDs & Bay Area
Council.
COMMUNITY INVOLVEMENT
Urban Land Institute Member 2020 - present
Pacific Southwest Assoc of Realtors Member 2014 - present
YIMBY Democrats Member 2019 - 2020
SD League of Conservation Voters Board Member 2007 – 2015
Border View YMCA President’s Round Table 2002 – 2009
EDUCATION
San Diego State University
M.A.PublicAdministration, 2005 Financial Management Emphasis
University of California at Santa Barbara
B.A.History and Sociology, 1999 Vice President of Associated Students
REFERENCES
Readily Available
2023/01/17 City Council Post Agenda Page 411 of 501
BIOGRAPHY
Raised in San Diego’s South Bay since 1979, I am a product of public resources functioning well.
My family and I benefited from a slew of programs and activities that helped me and my three
brothers thrive growing up in the Nestor area. I would not have the opportunity to pursue public
service were it not for the public resources that continue to serve the underprivileged in the
South Bay.
Southwest High is my alma mater where I was steered toward college by AVID tutors (including
Ismael and Jose Preciado). I then attended UC Santa Barbara where I led the Community
Relations Commission and co-founded a Tenants Right Union before serving as Student Body
Vice President and earning a Bachelors Degree in Sociology and History.
Returning to South San Diego I earned a Masters in Public Admin at SDSU while working with
the San Diego City Council. I absolutely loved serving the community as a Council Aide to two
Councilmembers and a Council President. I worked my way to Committee Consultant and finally
Deputy Chief of Staff.While at the City of San Diego I managed the Land Use & Housing committee
through the General Plan Update & I continue to work closely with local leaders and land use
agencies throughout San Diego. I worked with the San Diego City Council for nearly a decade before
becoming a Real Estate and Development Professional. Today I am a licensed broker, investment
partner and development project manager with land use experience dating to 2005. Our team
includes principals, general contractors and design build professionals. Clients and partners include
home owners, builders of market and affordable units, developers of commercial properties and
permit seekers of all stripes.
With my wife and 3 daughters we own a home in the Montecito neighborhood of the Otay Ranch
community in Chula Vista since 2015. We selected a home on a single family street surrounded by a
dynamic mix of condos, townhomes and rental apartments including affordable housing and public
transportation. I am an advocate for healthy, vibrant communities that favor inclusion over single
family zoning. My expertise with land use and experience in local government administration are the
tools that will allow me to serve the Chula Vista City Council, the 3rdDistrict and its residents well.
Alonso Gonzalez
2023/01/17 City Council Post Agenda Page 412 of 501
Korgan, Christos
2023/01/17 City Council Post Agenda Page 413 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2168468
Submission Date: 1/5/2023 8:13 PM
1. First and Last Name: Christos KORGAN
2. Home Address:Unit: City: Chula Vista Postal/ZIP Code: 91915
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 6 years
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Christos Korgan
9. Present Employer: South Bay Sustainable Communities
10. Occupation: Educational Psychologist,Sustainability Consultant
11. Relevant Educational Background: Ph.D.,UCLA,Higher Education Organizational Change;M.A.
Higher Education Org.Change,UCLA;M.A.Educational Administration,CSUN;B.A.
Psychology,CSUN
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.Yes
13. If yes, which one(s)? Sustainability Commission
2023/01/17 City Council Post Agenda Page 414 of 501
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? Yes
15. Which ones?Sustainability Commission
16. Dates Served: 2019 Present
17. Please list any local, civic, or community groups you have been involved with: N/A
18. What experience or special knowledge could you bring to this position?
Please kindly see my attached materials.
19. What would you hope to accomplish as a Councilmember?
Please kindly see my attached materials.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election to District 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.CK
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. CK
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted by mail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. CK
I understand that this application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
2023/01/17 City Council Post Agenda Page 415 of 501
25. Enter your initials to acknowledge the statement above. CK
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. CK
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
Christos Korgan
2023/01/17 City Council Post Agenda Page 416 of 501
I aspire to apply my background and professional experiences as aservant-leader
for the Cityof Chula Vista, and its citizenry in District 3. With several years
supporting and supervising sustainability for the City through its Commission,
coupled with my training as a researcher and psychological scientist, I possess the
right mix of skills to ensure District 3 is very well-represented.
Indeed, I am representative of my District. Originally, I am from Los Angeles (San
Pedro), CA. My husband and I met years ago at UCLA, while I had just nished my
doctorate while he was completing a doctorate in dental surgery. Both he and I have
devoted ourselves to Chula Vista, and we opened his dental practice in Otay Ranch.
I am Greek-American andmy husband is Mexican-American, originally from
Tijuana. This is our forever home. Weare Chula Vistans to our core.
MY SKILLS & EXPERTISE
Address
ABOUT MEPROFESSIONAL EXPERIENCESCOMMISSIONER OF SUSTAINABILITY, VICE-
CHAIR, & CHAIR CITY OF CHULA
VISTA, CA 2 0 1 9 - P R E S E
N T DIRECTOR, BOARD
OF TRUSTEES KEILLER LEADERSHIP ACADEMY, K-8
CHARTER SCHOOL 2 0 2 2 - P R E S E
N T
TRAININGRESEARCH ANALYST
CERRITOS COLLEGE 2 0 2 1 - P R E S E
N T Higher Education &
Organizational Change Doctoral
Minor: Psychology DOCTOR
OF PHILOSOPHY MASTER'
S DEGREE MY
MUNICIPAL
289-
com/
christoskorgan Governance,
Social Justice,
Organizational
Learning,Sustainability, Data-Driven
Decision-Making,
Public Policy Christos Korgan,
Ph.D.Languages: Greek,
Spanish, English UCSD Certi cation in
Data Science Public &
Private Budgeting Diversity &
Social
Justice Prioritization
Contracts Law Higher
Education Administration
School Accreditation
Teaching & Training
Data Science
Master Planning DIRECTOR, DEAN OF
INSTITUTIONAL EFFECTIVENESS, ACCREDITATION
LIAISON OFFICER UNIVERSITY OF
SAINT KATHERINE 2 0 16 - 2 0
2 0 SENIOR RESEARCH &
PLANNING ANALYST SADDLEBACK
COMMUNITY COLLEGE 2 0 14 - 20
1 5 FACULTY RESEARCH COORDINATOR,
ADJUNCT PROFESSOR SOUTHERN CALIFORNIA UNIVERSITY OF
HEALTH SCIENCES 2 0 12 - 20
1 4
UCLA, COMPLETED Higher Education &
Organizational Change MASTER'
S DEGREE
Educational Administration
UCLA, COMPLETED CSU,
Northridge, COMPLETED BACHELOR'
S DEGREE Psychology CSU,
Northridge, COMPLETED
SUSTAINABILITY CONSULTANT SOUTH BAY SUSTAINABLE
COMMUNITIES NONPROFIT 2 0 2 1 - P R E S E
N T 1.I will advance Chula Vista'
s economic
development initiatives.2.I will promote local control
and
public safety.3.I will ensure that we continue
to grow into a Welcoming
City identity. 4.I will fervently support
initiatives in pursuit of both environment
and
social sustainabilities.5.I will use my expertise to
ensure we achieve our goal of seeding
a local university, while
also supporting Southwestern
2023/01/17 City Council Post Agenda Page 417 of 501
January 5, 2023
Re: Biographical Detail
Mayor McCann and Honorable Councilmembers:
I enthusiastically and humbly my sincere interest in fulfilling the need for representation in District 3. I am
well-prepared and well-positioned to effectively represent my district. My preparation stems partially from
my work as president of my home owners' association, Agave and Saguaro at Windingwalk, coupled with my
service to the city through my commission activities. My biographical detail is crucial to understanding my
effective capacity to serve District 3's citizenry.
My husband and I are happy to be proud homeowners in Otay Ranch for the better part of a decade. The
virtues I enjoy most about District 3, which allowed me to transition seamlessly from San Pedro, CA, are
prosocial ideals, strong sense of community, shared interest in healthy living, and faith in our collective
economic future. These aspects represent my values, going back to my upbringing. As a Greek-American, I
routinely travel to Piraeus, Greece to share time with my family. Multicultural values are central to my
identity. As a result, District 3's diversity is extremely important to me. When my husband, Emiliano, and I
moved to District 3, we were fortunate to open his now thriving dental practice, Eastlake Modern Dentistry.
Emiliano and I are social servants--a calling we humbly answer through his medical solutions and my
extensive history of social service.
I completed my education at UCLA at the renowned Graduate School of Education and Information Studies
culminating with the degree of doctor of philosophy. Almost a decade later, I am enthusiastic and
overwhelmingly humbled at the chance to apply my training and lived experiences to benefit District 3.
I am a proponent of economic thrift and frugality in pursuit of good public stewardship. I am a practitioner of
social justice. Above all, I am a Chula Vistan from District 3, and I aspire to be your Councilmember.
Very Respectfully,
Christos Korgan, Ph.D.
2023/01/17 City Council Post Agenda Page 418 of 501
Lopez, Victor
2023/01/17 City Council Post Agenda Page 419 of 501
Page 2 of 2 – City of Chula Vista District 3 City Councilmember Application 12/2022
Please read all instructions, submittal requirements, and deadline information on the cover page.
All questions must be answered. If a question does not apply to you, write “N/A” in the space provided.
Any application received after the application deadline will be disqualified from consideration. Any application received
that is incomplete or missing required components will also be disqualified unless cured prior to the application deadline.
1. First and Last Name: ( Mr. Ms. Mrs. Mx. Other: ) Victor Lopez
2. E-mail: Phone: (
3. Home Address: City: Chula Vista Zip: 91913
4. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
Interactive map available at www.chulavistaca.gov/d3application Yes No If yes, how long?
Since September 01, 2022 in District 3, additionally I’ve been a resident of Chula Vista since 1998
I confirm I am a registered voter in the District 3 boundaries specified above.
Initials
5. Present Employer: Imperio Strategies LLC. Occupation: Chief Operating Officer
6. Relevant Educational Background:
Bachelor’s Degree in Political Science with a Minor in International Security and Conflict Resolution, Current
Board Member for San Diego State University Alumni
7. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.
Yes No If yes, which one(s)? N/A
8. Have you previously served on the City Council or any board or commission for the City or any other
governmental agency?
Yes No If yes, which one(s)? N/A Dates Served: N/A
9. Please list any local, civic, or community groups you have been involved with:
SDSU Alumni Board, Friendly Sons of St. Patrick, Latin American Political Association (LAPA), Toastmasters
International, and Eastlake Church
10. What experience or special knowledge could you bring to this position?
I believe that ties to our community mean everything. I've lived in Chula Vista since the day I was born at Sharp
Hospital Chula Vista in District 3. Spending my entire life in Chula Vista has created solid roots that will last my
entire lifetime. I understand the diversity and opportunities of Chula Vista, and District 3 in particular.
2023/01/17 City Council Post Agenda Page 420 of 501
Page 3 of 2 – City of Chula Vista District 3 City Councilmember Application 12/2022
As a former student athlete in high school and college, I was always involved in local community events,
especially with sports. I have cultivated relationships throughout the City with residents, business owners, and
community leaders.
I am a small business owner through my partnership in a public affairs firm, Imperio Strategies, that specializes in
Latino voter outreach, communications, marketing, and Spanish translations.
At Imperio Strategies, we are dedicated to elevating transparency through informing and providing meaningful
resources for local leaders and clients to promote more engaged and empowered communities.
Having grown up in our diverse community also gives me a broader perspective on the important opportunities
Chula Vista can offer its residents. I have lived the cross-border reality of having family both here and in Mexico,
and understand the value that being close to the border can create for business, housing, and education.
As a young professional Latino, I believe I bring an important perspective to represent District 3 where nearly half
of the District’s registered voters are Latinos. As the son of two parents that immigrated from Mexico, I
understand that we have a responsibility to provide a safe city to not just its local residents, but anyone that comes
through Chula Vista whether they live here or not.
Aside from being a lifelong resident and business owner, my experience working for several elected officials,
managing campaigns, and representing the small business owners have given me the experience to allow me to
successfully represent District 3. I also have binational relationships with local elected and former elected officials
in Tijuana. Being able to have these relationships on top of speaking Spanish, which is my first language, is
essential to our city given our close proximity to the San Diego/Tijuana Border.
In addition to my own business, I current work for a local non-partisan group that is dedicated to promoting an
economic environment that enables small businesses to thrive. I work with elected officials from the highest
levels of the federal government down to all of our local leaders here in San Diego County. I've built relationships
with both sides of the political spectrum while working in mayoral and city council offices, and working in the
private sector and starting my own business.
Managing large budgets, employees, consultants, constituent services, community outreach, policy research,
political campaigns, being active in the county, and having new dynamic approaches to promoting our city are my
main pieces of experience and special knowledge that I know will help Chula Vista prosper.
From going to school here, volunteering at Eastlake Church, playing sports all over the city, working my first job
at a Chula Vista Wells Fargo Bank branch, to buying my first house here, I don’t think I’d be able to describe the
full magnitude of how much Chula Vista means to me, but more importantly, I know I would give my best effort
and produce real, significant results as our next councilmember.
11. What would you hope to accomplish as a Councilmember?
I want to give better representation to the 2nd largest city in San Diego County but more importantly, let the
community know I'm here to serve them. I think it's a problem most people can't name their local mayor and
councilmember easily off the top of their heads. Constituent services will always be the main role of the job I
need to execute but I do have big visions for Chula Vista.
We need to bring more businesses and attractions to make people want to stay in Chula Vista. Being able to
promote major businesses will be a key approach to bringing in more revenue, jobs, and relevance to the city. In a
2023/01/17 City Council Post Agenda Page 421 of 501
Page 4 of 2 – City of Chula Vista District 3 City Councilmember Application 12/2022
broad sense, I want to bring some new dynamic approaches to making Chula Vista not only more attractive to
local San Diego residents, but also to people around the world looking to travel. Specifically, potentially building
a multi-use sports facility to attract youth/high school level club sports to Chula Vista would bring more tourists
and require them to stay 2-4 days long at least depending on the tournament they’re playing in. That’s one
example of the type of big concepts we’re going to have to think of in order to make Chula Vista a stronger
community.
The real problem we have right now is that Chula Vista is a bedroom community. You can see how obvio us it is
when you go on the 5 or 805 north freeway every morning during the week between 7-9am and now even 3-7pm
after work. We have many residents but the vast majority of their daily spending and sales taxes are being spent
everywhere else except Chula Vista. These Chula residents are working in other parts of San Diego and not
spending any of their money here except for maybe groceries. We need to bring jobs home so people can live
where they work. If we don’t create an environment that promotes more businesses here, we won’t have any jobs
for people live nearby and spend their earnings here in Chula Vista.
Lastly, we need to give our law enforcement all the resources and tools available to ensure our residents stay safe.
Like I said earlier, we need to provide a safe environment for anyone that comes through Chula Vista, resident or
not. And being fiscally responsible with taxpayer money, I want to find ways to maximize the city's operating
budget while minimizing overhead by working with our city manager on the best ways to do so. There's much
more I want to accomplish, but this covers my general basis.
Acknowledgments
Please initial the lines below to acknowledge each statement:
I understand that, if appointed, I will NOT be eligible to seek election to District 3 City
Councilmember in the City of Chula Vista for a period of one year following the termination of my
appointed term. City Charter Section 300(E)
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of
the City of Chula Vista in the categories of investments, income, gifts, and real property.
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the application deadline and that late applications and those missing required
components will be disqualified . I understand the application deadline is Friday, January 6, 2023, by
11:59 p.m. for electronically submitted applications or by 5:00 p.m. if personally delivered to the
City Clerk’s Office. If submitted by mail, the application must be postmarked by January 6, 2023, and
received by the Office of the City Clerk no later than January 11, 2023.
I understand that this application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any
other applicable local, state, or federal law.
2023/01/17 City Council Post Agenda Page 422 of 501
Page 5 of 2 – City of Chula Vista District 3 City Councilmember Application 12/2022
I hereby certify under penalty of perjury under the laws of the State of California that the
information I have provided in this application is true and correct, and that I meet the qualifications
of this office as established by the Chula Vista Charter and other applicable statutory or
constitutional laws.
Signature: Date: 01/06/2023
Clerk District Lookup By Résumé Received
ROV Verif Date By Biography Received
2023/01/17 City Council Post Agenda Page 423 of 501
1
VICTOR ALFREDO LOPEZ
Work History
Imperio Strategies LLC. - Chula Vista, CA
Chief Operating Officer | April 2021 - Present
Founded a nonpartisan public affairs firm that specializes in Latino voter outreach, communications,
marketing, and Spanish translations in southern California
Managed clients varying from candidates in local political races, non -profits, and PAC’s
Oversaw all operations including branding, marketing, outreach, and annual budget
Crafted and implemented strategic communication programs tailored for each client’s needs
The Lincoln Club of San Diego County - San Diego, CA
Executive Director | October 2021- Present
Oversaw all operations including managing consultants, independent contractors, vendors, and employees
Strategized PAC operations to help support/oppose candidates seeking public office
Coordinated one of the highest political donor networks in Southern California
Managed an Executive Committee, Board of Directors, 8 sub-committees, and over 300 members
Prepared and managed annual budget totaling over $1.5 million dollars
Deputy Director | November 2020 - October 2021
Managed all communications and marketing with blast emails, fundraising events, and member assistance
Built and maintained new website, graphic designs, and social media presence
Scheduled yearly calendar of events and oversaw all special events including Annual Dinner Gala
Facilitated partnerships with political organizations to fulfill political mission and maximize resources
Researched local political trends and provided political updates to leadership
Noli Zosa for San Diego City Council - San Diego, CA
Campaign Manager | February 2020 - November 2020
Managed 18 full/part-time field canvassers that knocked over 25,000 doors alongside handling payroll
Helped fundraise over $300,000 for the campaign fund
Partnered with different political groups around San Diego and led their volunteers
Led social media campaign and assisted in advertisements with media consultant
Served as head advisor and representative for the candidate
Education
San Diego State University - San Diego, CA
Bachelor’s Degree | May 2020 | Political Science with a Minor in International Security and Conflict Resolution
Universidad Carlos III Madrid - Madrid, Spain| Spring 2019 | Political analysis of Spain and the EU
Skills
Advanced in PDI and i360 voter programs
Advanced in website development, CRM programs,
payment processing, andgraphic design
Bilingual in English and Spanish
Rapid data entry skills
Microsoft Outlook, Word, PowerPoint, Excel
Strong writing, oral, and media communication
skills (live interviews, public speeches, and press
releases)
Local, State, and Federal election laws including
local ethics commissions, FPPC, and FEC
Compliance, banking laws, and regulations
2023/01/17 City Council Post Agenda Page 424 of 501
1
VICTOR ALFREDO LOPEZ
Biography
Victor Lopez was born and raised in Chula Vista. The son of two immigrant parents from Mexico City
and Tijuana, he grew up with Spanish as his first language while spending time back and forth with his
family across the border in Tijuana, Mexico. For his educational background, Lopez earned his
Bachelor's degree at San Diego State University majoring in Political Science with a minor in
International Security and Conflict Resolution.
Lopez is currently a partner and Chief Operating Officer of Imperio Strategies LLC. and is responsible
for maintaining and driving operational results within the company. Imperio Strategies has provided
dynamic framework for its clients resulting in effective communication to their desired audiences. They
specialize in Latino voter outreach, communications, marketing, and Spanish translations in southern
California with a well-rounded political background for all types of clients.
Lopez also serves as the Executive Director of a local non-partisan group, The Lincoln Club of San Diego
County, where he oversees all Club operations and its overall strategic vision of helping foster an
economic environment for small businesses to thrive.
In his most recent capacity as the Lincoln Club's Executive Director, Lopez brought to fruition the
highest number of new members to date, including a new wave of young members, and successfully
forged a groundbreaking momentum for the Club during a dynamic and ever -changing political
climate. Lopez’s previous work includes serving as the Campaign Manager for a campaign for San
Diego City Council, where he led and managed a team of canvassers and successfully reached more
than 120,000 constituents, helping fundraise more than $300,000 for the campaign fund. He also worked
for the office of a San Diego City Councilmember and a San Diego Mayor, framing policies and
establishing and maintaining long-lasting government and community relations.
Growing up, he was a talented baseball player pursuing becoming a professional player for Major
League Baseball. While pursuing his bachelor’s at San Diego State, Lopez quickly learned that he
enjoyed public service and giving back to his community even more than baseball, shifting his focus to
his education over sports. After interning for San Diego Mayor Kevin Faulconer, Lopez grew his love for
politics and hopes to bring positive change for San Diego County.
Lopez has quickly climbed the ranks in his field and was recently recognized as recently honored with a
distinguished award for “Bright Political Future.” He currently serves as the youngest member of the
SDSU Alumni Board and Lincoln Media Foundation as well as being an active member of the University
Club, the Downtown San Diego Partnership, San Diego Black Chamber of Commerce, Latino American
Political Association, Toastmasters International, and Friendly Sons of St. Patrick.
Lopez is a lifelong resident of Chula Vista.
2023/01/17 City Council Post Agenda Page 425 of 501
1
Kerry Bigelow
From:Victor Lopez <
Sent:Friday, January 6, 2023 11:42 AM
To:CityClerk
Cc:Kerry Bigelow
Subject:City Council District 3 Appointment Submission
Attachments:Victor Alfredo Lopez - Biography.pdf; Victor Alfredo Lopez Resume.pdf; Victor Lopez 2023 District 3
City Council Application.pdf
Good Morning,
Attached are the required documents for my application for the District 3 City Council Appointment.Please confirm
these documents are acceptable without any complications.
Respectfully Submitted,
Victor A. Lopez
Chief Operating Officer
Imperio Strategies LLC.
www.ImperioStrategies.com
Confidentiality Notice
This email may contain confidential information belonging to the sender, and intended only for the use of the individual or entity to which it is addressed. If you are not the intended
recipient, you are hereby notified that any disclosure, copying, distribution, electronic storage or the taking of any action in reliance on the contents of this information is strictly
prohibited. If you have received this transmission in error, please immediately notify the sender and delete the original transmitted message and its contents.
Warning:
External
Email
2023/01/17 City Council Post Agenda Page 426 of 501
Rice (Vazquez), Daniel
2023/01/17 City Council Post Agenda Page 427 of 501
2023/01/17 City Council Post Agenda Page 428 of 501
2023/01/17 City Council Post Agenda Page 429 of 501
2023/01/17 City Council Post Agenda Page 430 of 501
2023/01/17 City Council Post Agenda Page 431 of 501
2023/01/17 City Council Post Agenda Page 432 of 501
Rodriguez, Sophia
2023/01/17 City Council Post Agenda Page 433 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2170549
Submission Date: 1/6/2023 6:02 PM
1. First and Last Name: Sophia Rodriguez
2. Home Address:City: Chula Vista Postal/ZIP Code: 91910
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 08/2017
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Sophia Rodriguez
9. Present Employer: County of San Diego
10. Occupation: Social Worker III
11. Relevant Educational Background: BA in History from theUniversity of California,San Diego
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.No
13. If yes, which one(s)? (n/a)
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? No
2023/01/17 City Council Post Agenda Page 434 of 501
15. Which ones?n/a)
16. Dates Served: (n/a)
17. Please list any local, civic, or community groups you have been involved with: Union SEIU 221,ACCE,
and Invest in San Diego Familes
18. What experience or special knowledge could you bring to this position?
Aside from being a life long resident of Chula Vista,my many years working in social services
for the County of San Diego makesme a knowledgeable candidate for the district I would like to
assist.I alsohave leadership experience as the chair of the Technology Privacy Advisory Task
Force,where I had to engage with a 12 member committee, residents of the community,
multiplecity staffers,and department representatives,while finalizing a recommendation with
a strict deadline.
19. What would you hope to accomplish as a Councilmember?
As a City Councilmember,I hope to continue the legacy of meaningful community based
progress laid out by current and previous elected officials and city staff.As Chula Vista
continues to grow as one of San Diego’s largest cities,I want ensure that the connection between
its residents,advocacy groups,and City Departments remain intact.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election toDistrict 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.SR
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. SR
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted bymail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
2023/01/17 City Council Post Agenda Page 435 of 501
24. Enter your initials to acknowledge the statement above. SR
I understand thatthis application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. SR
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. SR
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
Sophia Rodriguez
2023/01/17 City Council Post Agenda Page 436 of 501
Sophia Rodriguez
Education:
Bachelor of Arts in History, Minor in Education 2012
University of California, San Diego – La Jolla, California
High School Diploma 2007
Chula Vista Senior High School – Chula Vista
Work Experience:
County of San Diego: HHSA – Social Worker III 2022 - Present
Appropriately identify, assess and develop appropriate treatment plans utilizing community resources.
Interview for the purpose of acquiring medical diagnostic information and developing treatment plans.
Write clear, concise, and accurate case reports while maintaining a caseload with monthly deadlines.
Engage with various socio-economic, cultural, and ethnic groups, with differing conditions and expectations.
County of San Diego: HHSA - Human Services Specialist 2015 - 2022
Address inquires, concerns, complaints or case updates from the public
Be knowledgeable of the following social programs: CalWORKS, CalFRESH, Medi-Cal, In-Home Support
Services, Temporary Housing Assistance, Social Security, and Medicare Part A and B.
Assist with developing, facilitating and presenting unit meeting; prepare statistical reports for supervisors.
Be up-to-date with HHSA County Health Guidelines and San Diego County Board of Supervisor resolutions.
County of San Diego: HHSA - Office Assistant 2015
Prepare written “Daily Intake Report” and submit to the South East Family Resource Manager.
Use an Excel Tracking Tool to assign Semi-Annual reports to Human Services Specialists.
Utilize raw data from Encrypted County Software to identify trends regarding Periodic Reports.
Provide information and guidance to incoming clients while providing excellent customer service.
University of California Office of Academic Support and Instructional Services - Front Desk Clerk 2008-2012
Process time-sheets of student-workers employed at the office.
Collate files and continuously update student-worker files with staff reports.
Assist in the collaboration of teaching lessons for incoming freshmen.
Provide excellent customer service to incoming students, faculty, and clients.
Leadership & Activities:
City of Chula Vista, Technology & Privacy Advisory Task Force – Chair 2022
Lead group discussions for city-wide privacy recommendations with emphasis on transparency and oversight.
Delegate and synthesize policy recommendations from sub-committees.
Structure and approve each agenda prior to all Task Force meetings.
Become knowledgeable of the technological needs and concerns of city departments in Chula Vista.
University of California Leadership Trainings 2019
Lead San Diego (UC Davis) Module 1: Introduction to Leader: Focus on Self Awareness.
Lead San Diego (UC Davis) Module 2: Communication Skills and Collaboration in the Community.
Lead San Diego (UC Davis) Module 3: High Performance Teams.
Lead San Diego (UC Davis) Module 4: Sustaining Transformational Change.
Personal Skills:
Fully bilingual in English and Spanish.
Knowledgeable in managing multiple software programs for in-office or remote work.
2023/01/17 City Council Post Agenda Page 437 of 501
01-06-2023
Sophia Rodriguez Biography for District 3 City Councilmember Consideration
When my mother immigrated to the United States, she chose to settle in Chula Vista
because of its quiet and humble charm – I am forever grateful that she chose this amazing city. I
am a proud product of the Sweetwater Union High School District where I graduated from Chula
Vista Senior High School with honors. My love of this city continued even after I became an
alumnus of the University of California, San Diego. Throughout my many years here, I lived in
almost every district in Chula Vista, which gives me a valid and unique perspective.
After graduating from college, I decided to apply to the County of San Diego so I can
attend to families in need of social services such as CalFresh and Medi-Cal. Working for the
County expanded my perspective and interest in engaging with local communities and their
needs. It also gave me the knowledge on how to familiarize myself with government documents
and their verbiage, such as state regulated-guidelines and municipal ordinances. Finally, working
for the County of San Diego showed how important it is to be amendable to the needs of others.
Through all my major career positions in the County - Office Assistant, Human Services
Specialist, and Social Worker - I have learned that individuals want their needs to be listened to
and be taken seriously.
Last year, I joined the Technology & Privacy Advisory Task Force and was voted
unanimously to be its chair. I joined this task force because of reports that the local Automated
License Plate Readers were unknowingly sending data to multiple law enforcement agencies and
was determined to make changes. Over the course of 6 months, I not only learned about the
different technologies the city departments implement for their usage, but also the importance of
maintaining open channels of communication between these same departments and its residents.
After multiple meetings that went well into the night, the Task Force proudly submitted
recommendations to city-staff on September 26th, 2022.
My love of Chula Vista will never wavier. I grew up playing at the J street Marina; I met
some of my closet friends while attending school here; I met my husband at the Chula Vista
Center Mall; and now, I am raising my 2 young children in this city. Even though it is only for
one year, I hope to continue making Chula Vista a wonderful place to live, grow, and thrive as
City Councilmember for District 3.
2023/01/17 City Council Post Agenda Page 438 of 501
Rodriguez, Tamara
2023/01/17 City Council Post Agenda Page 439 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2170751
Submission Date: 1/6/202311:01 PM
1. First and Last Name: Tamara Rodriguez
2. Home Address:Unit: City: Chula Vista Postal/ZIP Code: 91915
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? Since February 2012
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Tamara Rodriguez
9. Present Employer: Entralta PLLC
10. Occupation: Chief Operating Officer
11. Relevant Educational Background: N/A
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.No
13. If yes, which one(s)? (n/a)
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? No
2023/01/17 City Council Post Agenda Page 440 of 501
15. Which ones?n/a)
16. Dates Served: (n/a)
17. Please list any local, civic, or community groups you have been involved with: N/A
18. What experience or special knowledge could you bring to this position?
Adaptability,problem solving,and decision making skills.
19. What would you hope to accomplish as a Councilmember?
Promoting tourism and economic growth within the City to benefit the residents,businesses,
and visitors of Chula Vista.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election toDistrict 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.TSR
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. TSR
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted by mail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. TSR
I understand thatthis application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. TSR
2023/01/17 City Council Post Agenda Page 441 of 501
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. TSR
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
Tamara Rodriguez
2023/01/17 City Council Post Agenda Page 442 of 501
TAMARA RODRIGUEZ
CHIEF OPERATING OFFICER
CONTACT PROFILE
Detailed oriented person with 10+years of business management experience.
SKILLS
PROBLEM SOLVING
DECISION MAKING
TEAM BUILDING
TIME MANAGEMENT
ADAPTABILITY
EFFICIENCY
LEADERSHIP
COMPUTER SKILLS
EXPERIENCE
Entralta PLLC
2022 Present
Entralta P.C.became Entralta PLLC in 2022.My roles and responsibilities remain the
same under the new company.
Entralta P.C.
2014 2021
Responsible for overseeing day to day operations of the company,reviewing
workflow for optimal productivity,writing company policies,managing vendor
relationships and contracts.
2023/01/17 City Council Post Agenda Page 443 of 501
TAMARA RODRIGUEZ
CONTACT BIOGRAPHY
My husband and I purchased our home and moved to
Chula Vista in 2012.We previously lived in San Diego
until our real estate agent brought us to Chula Vista.
We both like to hike so we were immediately drawn to
the parks,the layout and walking paths in Chula Vista.
I grew up in a military family.Of all the places we
traveled to or lived,San Diego County was the place I
loved most,so I decided this would be the place I
would stay.I met my husband in 2008 and we were
married in 2010.Some of my hobbies include reading,
piano and hiking.
I have worked since I was sixteen. I was taught a strong
work ethic by my parents.I started at entry level
positions when I was young and worked hard to learn
the skills needed in business to grow.I value integrity,
results and cultivating relationships in both business
and in my personal life.
Some of the skills I would bring to the Chula Vista City
Council are my ability to adapt,problem solving,and
decision making skills.Since I grew up in a way that
uniquely prepared me as an adult to see challenges
differently than other people may view them,I can
adapt,apply problem solving skills and decisive
decision making,which I have experience throughout
my career cultivating.
Chula Vista is an amazing city where my husband and I
have enjoyed living for the past 10 years.We look
forward to seeing the city continue to thrive.
2023/01/17 City Council Post Agenda Page 444 of 501
Salaiz, Frank
2023/01/17 City Council Post Agenda Page 445 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2169962
Submission Date: 1/6/2023 1:18 PM
1. First and Last Name: Frank Javier Salaiz
2. Home Address:Unit: City: Chula Vista Postal/ZIP Code: 91913
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 22 years
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Frank Javier Salaiz
9. Present Employer: Retired
10. Occupation: Special Agent Supervisor
11. Relevant Educational Background: Bachelor of Science Criminal Justice
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.No
13. If yes, which one(s)? (n/a)
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? Yes
2023/01/17 City Council Post Agenda Page 446 of 501
15. Which ones?San Diego County Citizen Law Enforcement Review Board
16. Dates Served: 03/2020 09/2020
17. Please list any local, civic, or community groups you have been involved with: Chula Vista Elks
Lodge;Otay Ranch One Homeowners Association;Chula Vista Police Department Historical
Foundation
18. What experience or special knowledge could you bring to this position?
Extensive experience in:law enforcement and in City/State/Federal Government laws and
regulations;leading and managing diverse workforces;and conducting large scale
presentations and public speaking.Experience in office administration and budget analysis.
Have a through understanding of board and commissions procedures.I have a clear
understanding of the current issues and challenges facing this City.
19. What would you hope to accomplish as a Councilmember?
To make a difference in this community by identifying and understanding the issues that are
affecting all of our citizens and to seek viable solutions.To seek additional resources/funding
from State/Federal government.Take our beautiful City to the next level by helping our small
businesses thrive as well as bringing high paying industries to our City.Address the housing
issues facing our region.Find ways to increase public safety staffing.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election to District 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.FJS
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. FJS
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
2023/01/17 City Council Post Agenda Page 447 of 501
submitted by mail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. FJS
I understand that this application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. FJS
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. FJS
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
Frank Javier Salaiz
2023/01/17 City Council Post Agenda Page 448 of 501
FrankJavierSalaiz
Qualifications Background encompasses over twenty-five years’ experience in complex law
enforcement investigations; and extensive experience conducting law
enforcement presentations and trainings. Understanding of community,
governmental boards and commissions.
Special Abilities
Teaching/Public
Presentation
Experience
Bilingual fluency in English/Spanish (read, write, and speak)
Friendly, outgoing personality
Maturity in making decisions
Certified Gang and Narcotic Expert
Experience writing/preparing/executing State/Federal search warrants
Experience in preparing MOU's, annual budget reports
Ability to conduct large scale presentations to various groups including law
enforcement, governing boards, students, Mexican law
enforcement/prosecutorial staff
Experience writing and presenting training sessions: Major Narcotic
Investigations, Gang and Transnational gangs, Hague Cases, Extradition
Procedures, Rules of Evidence, Tactical Procedures, High Risk Entry Training
and Vehicle Stops
Have made several guest speaker presentations for the Criminal Justice
Program at the University of Phoenix, Chula Vista campus. Taught rules of
evidence and court procedures to Mexican prosecutors and senior Mexican law
enforcement personnel as part of the California Border Alliance Group (CBAG)
teaching coalition. Did several presentations throughout the State of California
for prosecutors, child protective services and other law enforcement personnel
on the topic of The Hague Treaty on Child Abduction and Article 4 procedures.
Made several presentations for the California Attorney General Zone meetings
on Transnational Gangs.
1999-April 2017 (Retired)
Special Agent/Special Agent Supervisor/Task Force Commander, California
Department of Justice, Bureau of Narcotics Enforcement, Bureau of
Investigation/San Diego, and Los Angeles Field offices.
Assigned to various Units including: Violent Suppression Unit, Special
Operations Unit, Clandestine Lab Unit, E-Crimes Unit, Foreign Prosecution
and Law Enforcement Unit, Money Laundering Enforcement Team, and the
Human Trafficking Task Force
Highlights: Investigated short and long-term narcotic investigations, conducted
surveillances, and used confidential informants and other sources in complex
investigations. Utilized investigative tools such as pole cams, pen registers and
wire taps. Extensive experience in the investigation of Clandestine labs
manufacturing controlled substances.
San Luis Obispo County Narcotic Task Force (SLOCNTF)
Highlights: Worked with various agencies throughout Central California to train
and support local police departments in conducting complex narcotic
investigations, wire taping, etc. Managed the task force budget and supervised
over 20 agents and 5 administrative staff members.
San Diego Regional Pharmaceutical Narcotic Enforcement Team (RxNET),
Border Interdiction Team/San Diego
Highlights: Conducted complex investigations involving the illicit distribution,
sales and use of pharmaceutical drugs. Investigated doctor’s medical personnel
and citizens involved in several high-profile cases involving the death of
celebrities. Worked with local state and federal agencies to combat this issue.
2023/01/17 City Council Post Agenda Page 449 of 501
Department of Homeland Security/Immigration and Customs
Enforcement/Marine Task Force/San Diego
Highlights: Conducted long term maritime trafficking investigations. Acted in an
undercover capacity with major drug trafficking groups. Assisted and worked with
other Federal, State and Local law enforcement agencies, wrote and prepared
cases for the District Attorney and United States Attorney Generals office for
prosecution.
Department of Justice - Mexican/International Liaison/ Child Abduction
Team/San Diego/Tijuana
Highlights: Worked on Hague cases with Mexican and US law enforcement
agencies. This included fugitive apprehension, mutual aide, Article 4 filings; and
attended and participated in several Hague hearings in Mexico and the US.
1993 – 1999 Police Officer/Police Detective/Police Agent, Chula Vista Police
Department
While assigned to Patrol Division I enforced local, state, and municipal codes,
investigated crimes and apprehended criminals, wrote and prepared cases for
prosecution, and patrolled City streets.
Police Detective/Police Agent: I was assigned to a multi-agency task force
targeting suspects on probation, parole and three strike offenders. I conducted
surveillances; investigated gang/narcotic related crimes and assisted in the
investigation of gang related homicides. Wrote and prepared cases for the
District Attorney for prosecution. Wrote, prepared, and executed state search
warrants. Served as the Chula Vista Police Mexican Liaison Investigator. I was
responsible for interacting and maintaining liaison contacts with Mexican law
enforcement and prosecuting officials. I assisted other CVPD detectives
conducting investigations in Mexico.
1992-1993 Public Assistance Fraud Investigator, County of San Diego,
Department of Social Services
Investigated suspected fraudulent applications of recipients of public assistance,
gathered, assembled, analyzed, and evaluated evidence, such as writing
exemplars, bank, and other official documents. In certain cases, I contacted and
requested the assistance of Mexican law enforcement agencies and businesses
in obtaining evidence related to the case. I wrote and prepared cases for the
District Attorney for prosecution wrote and executed search warrants;
apprehended offenders indicted on public assistance fraud charges.
Certificates
Education
Awards
Basic, Intermediate, Advanced Post Certificates
Post Supervisor Certificate
Post Field Training Officer Certificate
2002 Criminal Justice, National University, Bachelor of Science degree in
Criminal Justice
09/2004 - Drug Enforcement Administration, Administrators Award;
11/2007 – California Narcotics Officer’s Association, Outstanding Narcotic
Enforcement Award; 2013 – Federal Law Enforcement Association, Team
Investigative Excellence Award.
Memberships 10/2018-12/2022 Board of Directors, Otay Ranch One Homeowner’s Association
01/2020-Board Member, Chula Vista Police Historical Foundation.
03/2020-09/2020 Board Member, San Diego County Citizen’s Law Enforcement
Review Board.
02/2020-Member of the Chula Vista Elks Lodge
2023/01/17 City Council Post Agenda Page 450 of 501
Biography
My name is Frank Javier Salaiz and I am seeking an appointment to City
Councilmember for District 3 for the City of Chula Vista. I am a proud homeowner, a
married father of three and a retired law enforcement officer.
I was born and raised in a small town in Arizona and moved to Chula Vista over thirty
years ago. I earned a BS in Criminal Justice from National University and worked in law
enforcement for over 25 years. As the oldest son of an underground miner and retired
Army soldier who did two oversea deployments, I was taught to value hard work and
give back to our community.
I began my law enforcement career with the Chula Vista Police Department in 1993. In
1999, I accepted a Special Agent position with the Calif ornia Department of Justice
where I had the opportunity to work on many challenging and rewarding cases for over
eighteen years.
For the last couple of years, I have gained tremendous community and governing
experience while serving in community and governmental boards. I know what it takes
to steer my city in the right direction and the challenges that our city is facing in these
unprecedented times.
I believe that government, with the right leadership, can help substantially to impro ve
the lives of many people.
I believe in the rule of law and that everyone deserves the right to be treated with
respect and equality and to be protected under the law.
I am passionate about representing our most vulnerable citizens, such as children,
elderly, and the disabled and addressing the needs of the disenfranchised and
marginalized citizens.
My experience in law enforcement and the time served in boards and commissions has
provided me with first-hand knowledge of the issues facing our community and the need
to find solutions to improve the lives of all Chula Vista residents. I have extensive
training and experience in presentations and the ability to communicate with people of
diverse groups and backgrounds.
My strong knowledge and understanding of all levels of government and of issues
facing the City of Chula Vista including crime, population increase, growth and other
regional factors makes me uniquely qualified for this appointment. I also believe my
experience and knowledge of Mexican government issues and politics will be an asset
to the City of Chula Vista.
2023/01/17 City Council Post Agenda Page 451 of 501
Spector, Ida
2023/01/17 City Council Post Agenda Page 452 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2163290
Submission Date: 1/3/2023 7:02 PM
1. First and Last Name: Ida Spector
2. Home Address:Unit: City: Chula Vista Postal/ZIP Code: 0
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 18 years 10 months
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Ida Lynn Spector
9. Present Employer: The Joint Chiropractic Corp
10. Occupation: DC
11. Relevant Educational Background: AA,BS DC degrees
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.No
13. If yes, which one(s)? (n/a)
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? No
2023/01/17 City Council Post Agenda Page 453 of 501
15. Which ones?n/a)
16. Dates Served: (n/a)
17. Please list any local, civic, or community groups you have been involved with: SANDAG Rapid
Transit
18. What experience or special knowledge could you bring to this position?
I have lived in Chula Vista with children and grand children having attended school from
elementary to Southwestern College.
19. What would you hope to accomplish as a Councilmember?
Continue to enhance Chula Vista's growth with an emphasis on serving the needs of its
residents,continuing to allow current businesses to thrive while encouraging and welcoming
new businesses,visitors and newcomer residents.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election toDistrict 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.ILS
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. ILS
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted bymail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. ILS
2023/01/17 City Council Post Agenda Page 454 of 501
I understand that this application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. ILS
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. ILS
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
ILS
2023/01/17 City Council Post Agenda Page 455 of 501
Ida L. Spector, DC
Cell: call or text/ no voice mail)
Landline: call or voice mail)
Bachelors & DC Degrees from LACC/ Magna cum Laude Graduate
First DC in a trauma center in San Diego.
Owned South Bay Chiropractic Center aka Spector Chiropractic, Inc
Currently working for: The Joint Chiropractic Corp
I am a well experienced, second generation DC, with chiropractic in my DNA if
you will with a uniquely experienced skill set
Previous clinic director/owner of a highly successful practice
I welcome the opportunity to serve Chula Vista as I take particular pride in
connecting with patients and community. Although I am a civilian my father,
literally all of my uncles (one of which was a chiropractor) and my spouse all
proudly served in the Army while one uncle who served in the Air Force was
also a well respected chiropractor. All were war veterans.
It would be mydistinct honor to serve my community of Chula Vista.
References:
Patrick J Lang, DC
Teena Colebrook
Lauralyn Shaw
Lynn Langford
2023/01/17 City Council Post Agenda Page 456 of 501
Modified Professional Bio
Dr. Ida L. Spector, D.C.
Chiropractor
A Magna cum Laude graduate of The Southern California
University of Health Sciences, Dr. Ida L. Spector was born
and raised in northern Illinois. A second-generation
chiropractor, chiropractic was a natural career choice.
Relocating to San Diego, Dr. Spector was the first
chiropractor to practice in a multi disciplinary trauma
center in San Diego before venturing in to private practice.
With an emphasis on health and fitness, competing in
Power and Olympic Lifting afforded Dr. Spector the unique
opportunity of treating athletes from around the world.
Yoga is her current exercise of choice which she
recommends to her patients.
Passionate about the well being of people, Dr. Spector is
grateful for the opportunity to deliver her services at a cost
that makes it accessible to most in the community.
Dr. Spector has been a civic minded resident of Chula
Vista since 1981 supporting education. Her daughter was
raised and went to school in Chula Vista, awarded media
recognition for the distinguished honor of being chosen for
the FBI Youth Academy in Quantico, VA as a freshman in
high school, attended Southwestern College, married a
US Naval serviceman and are the proud parents to Dr.
Spector’s four grandsons, “the sunshines” of her life.
2023/01/17 City Council Post Agenda Page 457 of 501
Vargas, Diego
2023/01/17 City Council Post Agenda Page 458 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2170745
Submission Date: 1/6/202310:39 PM
1. First and Last Name: Diego Vargas
2. Home Address:Unit: City: Chula Vista Postal/ZIP Code: 91913
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 12 years
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Diego Vargas
9. Present Employer: FedEx Ground
10. Occupation: Operations Manager/Implementation Specialist
11. Relevant Educational Background: B.S.Operations Management
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.No
13. If yes, which one(s)? (n/a)
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? No
2023/01/17 City Council Post Agenda Page 459 of 501
15. Which ones?n/a)
16. Dates Served: (n/a)
17. Please list any local, civic, or community groups you have been involved with: None
18. What experience or special knowledge could you bring to this position?
Have conducted various meetings including kick off calls and training sessions with various
levels of management.Have also led cross functional teams to meet production goals or
introducing new systems.Would bring the culture of continuous improvement.
19. What would you hope to accomplish as a Councilmember?
Would like to work with the other Councilmembers to responsibly represent Chula Vista with
integrity.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election to District 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.DV
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. DV
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted by mail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. DV
I understand that this application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
2023/01/17 City Council Post Agenda Page 460 of 501
25. Enter your initials to acknowledge the statement above. DV
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. DV
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
Diego Vargas
2023/01/17 City Council Post Agenda Page 461 of 501
Diego Vargas
EMPLOYMENT HISTORY
2007 and
12/2010 – Present
FED EX GROUND
Operations Manager
Responsible for assigning and managing employees to ensure the safe and efficient
sortation of packages through the facility, minimizing operational cost and maximizing
operational quality, including the movement, tracking and administration of trailers
Lead daily employee and/or planning meetings to ensure workforce communication and
understanding of operational updates and daily goals
Lead monthly Safety Committee Meetings and complete monthly Station Inspections
Facilitate orientation and training for new hires while ensuring new hire’s personnel files
comply with company, federal, state, and local regulations
2003 – 2006 CALIFORNIA CONCRETE DESIGNS
Owner/Operator
Responsible for the daily operation of a concrete resurfacing company, including marketing/sales,
installations, materials management, and accounting.
Generated sales leads through direct mail marketing, trade shows, and flyer distribution.
Conducted sales presentations to potential clients
Managed sales, inventory, and equipment with Quickbooks
Prepared various reports as needed, such as: daily progress reports, quarterly sales
reports, and year-end fiscal reports
Completed annual training events to continually improve business processes and expand
the company’s product offerings
2000 – 2003 UNISYS CORPORATION
Production Control Specialist
Coordinated with production, procurement, and management to provide external customers’ spares
requirements for Unisys Unigen Operations (UUO) STS3000/4000 burn-in systems
Using BAMCS (Business and Manufacturing Control System), placed and managed
spares orders
Managed daily shortage reports with Microsoft Office
Data was imported from BAMCS to MS Access
Provided shortage reports for integrated, customer-facing daily production meetings
Worked with order fulfillment professionals and field service engineers to develop and
fulfill initial spares orders
1994 – 1999 OFFICE DEPOT
Receiving Specialist / Business Machine Sales / Stock Replenishment
Primarily stationed in the receiving area, reconciling the deliveries with what was ordered using
Office Depot’s proprietary inventory program with scanners. When needed, covered most other
positions in the store, including: business machine sales, cashier, stocking specialist, and delivery
center.
2023/01/17 City Council Post Agenda Page 462 of 501
1991 – 1997 UNITED ARTISTS MOVIE THEATER
Assistant Manager
Oversaw the operation and line staff of a 14-plex movie theater. This included hiring, training,
enforcing corporate policy, and ensuring all customers received first class customer service.
Skills
Able to quickly grasp and explain/train technical concepts
Experience with Quickbooks and Microsoft Office Professional, including Project and Visio
Always willing to learn new skills and assume higher levels of responsibility
Able to prioritize competing tasks and remain focused on the organization’s mission
Able to work in a team environment with minimal supervision
EDUCATION
San Diego State University
Bachelor of Science – Business Administration (Operations Management) 1999
2023/01/17 City Council Post Agenda Page 463 of 501
Diego Vargas
Born and raised in San Diego. Spent most of my childhood in south San Diego. Graduated from
Montgomery High School, attended Southwestern Community College, San Diego City College, Mesa
College, and graduating from San Diego State University with a B.S. in Operations Management.
Currently, I work at FedEx Ground – Otay Mesa station.
After graduating from college, purchased a condominium with my then girlfriend, now wife in Chula
Vista in 2000. We have been Chula Vista residents ever since. We have lived in condos south of SWC off
of East Palomar; spent some years in a house near 1st and J St, and have lived near Heritage Park since
2007.
Our three daughters were born in 2003, 2006, and 2008. They have only known Chula Vista have
attended or currently attend the public schools in the area. I am grateful that Chula Vista has provided
the perfect home for my family and would like to give back and serve this city – ensuring that it is
represented with integrity.
2023/01/17 City Council Post Agenda Page 464 of 501
Williams, Tanya
2023/01/17 City Council Post Agenda Page 465 of 501
12/2022
APPLICATION FOR DISTRICT 3 CITY COUNCILMEMBER
Online Submission
This application cannot be saved.Please ensure you have all information,including résumé and biography as required.
Any application received after the application deadline will be disqualified from consideration.Any application
received that is incomplete or missing required components will also be disqualified unless cured prior to the
application deadline.
Please read all instructions,submittal requirements,and deadline information on www.chulavistaca.gov/d3application.
All questions must be answered.If a question does not apply to you,write N/A”in the space provided.
Submission ID: 2169674
Submission Date: 1/6/202311:47 AM
1. First and Last Name: Tanya Williams
2. Home Address:Unit: City: Chula Vista Ca Postal/ZIP Code: 91911
3. E-mail:
4. Primary Phone:
5. Secondary Phone:
Please click here to view the interactive map to verify your District 3 residency
6. Do you live within the City of Chula Vista District 3 boundaries, as adopted by the City Council in 2015?
See hyperlink above. Yes
7. If yes, how long? 4 years
8. I confirm I am a registered voter in the District 3 boundaries specified above. Please enter your name
as acknowledgement. Tanya Marie Williams
9. Present Employer: Self Employed Courage Christian Academy
10. Occupation: Principal
11. Relevant Educational Background: Bachelor degree in Social Work and Child Development
12. Are you currently serving on any board or commission for the City or any other governmental agency?
If appointed to City Council, you must resign from your current City board or commission position.No
13. If yes, which one(s)? (n/a)
14. Have you previously served onthe City Council or any board or commission for the City or any other
governmental agency? No
2023/01/17 City Council Post Agenda Page 466 of 501
15. Which ones?n/a)
16. Dates Served: (n/a)
17. Please list any local, civic, or community groups you have been involved with: Community Food
Bank
18. What experience or special knowledge could you bring to this position?
The experience that I bring to this position is my military background,leadership and
community.Serving in the military has givenme the leadership skills and abilities towork with
a diverse group of people and a strong awareness of the importance of community.
19. What would you hope to accomplish as a Councilmember?
What I would hope to accomplish as a Councilmember is to be a voice for the people in the
community.
20. Please upload a résumé (maximum of two pages). A résumé is required to be submitted by the
application deadline.
See submitted resume following application.]
21. Please upload a biography (one page). A biography is required to be submitted by the application
deadline.
See submitted biography following resume.]
Acknowledgments
I understand that, if appointed, I will NOT be eligible to seek election toDistrict 3 City Councilmember in
the City of Chula Vista for a period of one year following the termination of my appointed term. City
Charter Section 300(E)
22. Enter your initials to acknowledge the statement above.TW
I understand that, if I am selected as a finalist, I will be required to complete an Economic Interests
Disclosure form, on which I must disclose all economic interests that I have within the boundaries of the
City of Chula Vista in the categories of investments, income, gifts, and real property.
23. Enter your initials to acknowledge the statement above. TW
I understand that I must submit a completed application, résumé (maximum of two pages), and a
biography (one page) by the deadline and that late applications and those missing required components
will be disqualified. I understand the application deadline is Friday, January 6, 2023, by 11:59 p.m. for
electronically submitted applications or by 5:00 p.m. if personally delivered to the City Clerk’s Office. If
submitted bymail, the application must be postmarked by January 6, 2023, and received by the Office of
the City Clerk no later than January 11, 2023.
24. Enter your initials to acknowledge the statement above. TW
2023/01/17 City Council Post Agenda Page 467 of 501
I understand that this application and any documents submitted in connection with the application
process are public records and will be publicly disclosed unless otherwise exempt. Home addresses,
email addresses, and phone numbers will be redacted.
25. Enter your initials to acknowledge the statement above. TW
I understand that my application will not be considered if I am determined to be disqualified from
holding office pursuant to Government Code section 1021, Chula Vista Charter Section 903, or any other
applicable local, state, or federal law.
26. Enter your initials to acknowledge the statement above. TW
I hereby certify under penalty of perjury under the laws of the State of California that the information I
have provided in this application is true and correct, and that I meet the qualifications of this office as
established by the Chula Vista Charter and other applicable statutory or constitutional laws.
27. Enter full name to indicate acknowledgment to the above certification.
Tanya M Williams
2023/01/17 City Council Post Agenda Page 468 of 501
Tanya Williams tanya.tw31@gmail.comChulaVista, CA 92115 (
OBJECTIVEManagementPosition in the field of Education using demonstrated skills in: Communication, organization and planning, budgeting, educating, and training resulting in quality of services for child, parent, and staff.
EDUCATION
Social Work Bachelor of Arts with minor in Child Development, PLNU San Diego, CA 2018
Chef Culinary Arts School Class A and C San Diego, CA 1982
Management Leadership Training School US Navy Pensacola, FL 1983
Educator Instructor Training School- US Navy San Diego, CA 1989
PROFESSIONAL EXPERIENCE
Courage Christian Academy (owner) August 2022-present
Christian Unified School July 2019-July 2021SubstituteTeacher
o Primary instructor and caregiver to students grades 7th-12th.
o Assist students with skills and subject matter that contributes totheir education and development.
City Christian Center, San Diego, CA Nov. 2001-Nov. 2016
Director of Children Ministry
o Implemented and maintained a fun, healthy, safe, and educational environment for children, parents, and staff.
o Developed and implemented age-appropriate curriculum for 45children, ages 6 weeks-12 years.
o Recruited, trained, and scheduled 30 teachers andvolunteers
o Coordinated with parents, staff, and volunteers regularly and responded totheir questions and concerns
o Conducted monthly teachers/volunteer reviews, evaluations, meeting, and training sessions.
Social Advocates for Youth, San Diego, CA Aug. 2007-Nov. 2007
Extended Childcare Program Site Supervisor
o Performed administrative task, including supervision, training, and scheduling for 2staff and 120 children.
o Created developmentally appropriate lesson plans to support children's emotional and social development.
o Communicated with parents or guardians regarding daily activities and child’s needs.
Williams Family Child Care, San Diego, CA June 1998-Dec. 2007
Owner and operator of Williams Family Child Care
o Managed staff of up to 4 people, administered monthly reports and evaluations.
o Pre-school teacher, coordinated lesson plans for up to 21 children including special needs children.
o Provided Respite care for foster parents.
o Maintained contractual obligations with 5 government agencies.
Special Needs Childcare Center Sept. 1995-June 1996
Chef / Teachers Aid
o Strategized and prepared special meals for 30 children of special needs while staying with budget.
o Assisted teachers and nurses to ensure the safety and quality of care for children.
United States Navy Aug. 1980-Dec. 1991
Culinary Specialist E-5
o Managed 50 staff to ensure proper meal preparation, safety, and cleanliness, qualified as a galley watch caption.
o Tracked and managed inventory while keeping in budget.
o Successfully trained 3750 culinary students in the basics of food preparation, effectively counseled and motivated
students toward self-improvement.
CERTIFICATIONS: California State Certified Domestic Violence Counselor January 2018
VOLUNTEER EXPERIENCE
South Bay Community Services Social Worker- Case management 2017-2018
2023/01/17 City Council Post Agenda Page 469 of 501
Tanya Williams Bio
Over 30 years of experience in education
Tanya Williams served in the United States Navy for over 10 years as a culinary specialist. She
successfully trained 3750 culinary students in the basics of food preparation and effectively motivated
students toward self-improvement. Tanya later became the owner and operator of Williams Family
Child Care with ages ranging from infant-junior high.
As an extended childcare program site supervisor, she created developmentally appropriate lesson
plans to support children's emotional and social development.
Most of her years has been spent as Director of Children’s’ Department for nonprofit organizations
where she implemented and maintained a fun and safe educational environment for children, parents,
and staff. While serving as director, she developed and implemented age-appropriate curriculum for
children, ages 6 weeks-12 years, recruited and trained 30 teachers and volunteers.
Her love of education led her to become a substitute teacher. Over the past years she felt the leading
from God to open a Christian school. She is the founder of Courage Christian Academy located in Chula
Vista Ca.
2023/01/17 City Council Post Agenda Page 470 of 501
Wolf, Douglas
2023/01/17 City Council Post Agenda Page 471 of 501
2023/01/17 City Council Post Agenda Page 472 of 501
2023/01/17 City Council Post Agenda Page 473 of 501
2023/01/17 City Council Post Agenda Page 474 of 501
2023/01/17 City Council Post Agenda Page 475 of 501
2023/01/17 City Council Post Agenda Page 476 of 501
Attachment 2
Public Outreach Log
District 3 City Councilmember Vacancy and Application
*Website translation is available in the following languages: Arabic, Chinese (simplified), Chinese
(Traditional), Filipino, French, Hindi, Japanese, Korean, Persian, Portuguese, Russian, Spanish, and
Vietnamese
Date of Notice Type Language(s) Additional Information
12/21/2022 City website English* Dedicated webpage published
with information about the
vacancy and application process
12/21/2022 Public Notice
City website
English
Spanish
Chinese (Traditional)
Vietnamese
Tagalog
Notice of Vacancy and Intent to Fill
by Appointment posted on the
website and at City Hall
12/22/2022 Media Release English Sent to local and regional print,
TV, and radio outlets
12/23/2022 City website English* City’s homepage edited to include
elected official vacancies icon
12/23/2022 Public Notice English Paper application with cover page
available in the City Hall lobby
12/23/2022 Newspaper publication English Star News
12/23/2022 Email – Board &
Commission members
English Email notification to all Board &
Commission members with
instructions to apply or refer
someone
12/23/2022 Social media post English
Spanish
12/27/2022 Social media post English
Spanish
12/30/2022 Newspaper publication Spanish El Latino
12/30/2022 Newspaper publication Chinese (Traditional) Epoch Times
12/30/2022 Newspaper publication Vietnamese Viet Today
12/31/2022 Newspaper publication Tagalog Filipino Press
1/4/2023 Social media post English
Spanish
1/4/2023 Email – Board &
Commission members
English Reminder email to apply or refer
someone
1/5/2023 City Newsletter English Included information about the
vacancies & application
1/5/2023 Social media post English
Spanish
2023/01/17 City Council Post Agenda Page 477 of 501
JANUARY 8, 2015 Candidate Name: _______________________
Page | 1
CITY COUNCILMEMBER APPOINTMENT
- INTERVIEW QUESTIONS –
1. Do you consider our proximity to the border as an asset or a liability and
what are your ideas to enhance opportunities for transborder business development?
2. Do you have any ideas or solutions to solve the $600m price tag to upgrade, repair and improve our
existing infrastructure and to fund our future infrastructure needs?
3. Please describe your job/profession, and how you would work in the demands, challenges, and
commitment inherent in a City Council position.
4. We often speak about our jobs/housing balance deficiency as an obstacle to economic health in Chula
Vista. Please describe how you might contribute to laying the ground work for, and creating
opportunities for job growth development.
2023/01/17 City Council Post Agenda Page 478 of 501
JANUARY 8, 2015 Candidate Name: _______________________
Page | 2
5. What is the ONE (one only) thing you want most to accomplish in the two years you would serve on
the Council?
6. What SPECIFIC ACTIONS should THE CITY take to attract businesses and jobs to Chula Vista?
7. What do you consider to be the biggest challenge of building Chula Vista’s Bayfront and would you be
in favor of bayside community parks with organized sporting events and concerts?
8. Please discuss the Growth Management Oversight Standards and what you would change?
2023/01/17 City Council Post Agenda Page 479 of 501
2023/01/17 City Council Post Agenda Page 480 of 501
Nominate Applicants for
InterviewA
Select the Date and Time
for InterviewsB
Interview and Appointment
Process-Related ActionsC
2023/01/17 City Council Post Agenda Page 481 of 501
2023/01/17 City Council Post Agenda Page 482 of 501
2023/01/17 City Council Post Agenda Page 483 of 501
2023/01/17 City Council Post Agenda Page 484 of 501
Nominate Applicants for
InterviewA
Select the Date and Time
for InterviewsB
Interview and Appointment
Process-Related ActionsC
2023/01/17 City Council Post Agenda Page 485 of 501
2023/01/17 City Council Post Agenda Page 486 of 501
Nominate Applicants for
InterviewA
Select the Date and Time
for InterviewsB
Interview and Appointment
Process-Related ActionsC
2023/01/17 City Council Post Agenda Page 487 of 501
2023/01/17 City Council Post Agenda Page 488 of 501
2023/01/17 City Council Post Agenda Page 489 of 501
2023/01/17 City Council Post Agenda Page 490 of 501
Last Name First Name McCann Preciado Cardenas Chavez Total Nominations
Akana Nimpa 1 1 1 1 4
Almagro Devonna 1 1 1 3
Delgado Griselda 1 1 1 1 4
Diaz David 1 1 2
Galicia Alejandro 1 1
Ghio Gian 1 1 2
Gonzalez Alonso 1 1 1 1 4
Korgan Christos 1 1
Lopez Victor 1 1 2
Rice (Vazquez)Daniel 1 1 2
Rodriguez Sophia 1 1 1 3
Rodriguez Tamara 1 1
Salaiz Frank 1 1
Spector Ida 0
Vargas Diego 0
Williams Tanya 1 1 2
Wolf Douglas 1 1
13 8 6 6
District 3 City Councilmember Vacancy
2023 Qualified Applicants
2023/01/17 City Council Post Agenda Page 491 of 501
2023/01/17 City Council Post Agenda Page 492 of 501
2023/01/17 City Council Post Agenda Page 493 of 501
2023/01/17 City Council Post Agenda Page 494 of 501
2023/01/17 City Council Post Agenda Page 495 of 501
City Council Committee/Subcommittee Appointments
Agency Membership Assignments
Chula Vista Bayfront Facilities Financing Authority Board
of Directors
(2) Members
Chula Vista University Subcommittee (internal
subcommittee of the Council)
(2) Members
Chula Vista Veterans Home Support Foundation (1) Member, (1) Alternate
Interagency Water Task Force (2) Members
International Council for Local Environmental Initiatives
(ICLEI)
(1) Member, (1) Alternate
League of California Cities (LCC) San Diego Division (1) Member, (1) Alternate
Metropolitan Transit System Board of Directors (MTS) (2) Members (Mayor and one
Councilmember), (1) Alternate
Metropolitan Wastewater Commission (Metro) (1) Member, (1) Alternate
Otay Ranch Preserve Owner Manager (POM) Policy
Committee
(1) Member, (1) Alternate
Otay Valley Regional Park (OVRP) Policy Committee (1) Member, (1) Alternate
San Diego Community Power Authority (1) Member, (1) Alternate
South County Economic Development Council (EDC) (1) Member, (1) Alternate
University Project Task Force with Southwestern College (2) Members
Note: Appointments to SANDAG’S Policy Advisory Committees (Borders, Executive, Public Safety, Regional
Planning, and Transportation) are made by the primary representatives of each of the South County Subregion
member agencies (National City, Chula Vista, Imperial Beach, and Coronado) – not by City Council.
2023/01/17 City Council Post Agenda Page 496 of 501
2023/01/17 City Council Post Agenda Page 497 of 501
City Council
Meeting
January 17, 2023
Presented By:
Glen R. Googins, City Attorney
Item No. 13.1
Discussion and Possible Action
Regarding Appointment Process
for an Interim/Acting City
Attorney
2023/01/17 City Council Post Agenda Page 498 of 501
WHY AN INTERIM
APPOINTMENT IS
NECESSARY
•Tentatively Appointed City Attorney for the City of
Santa Clara
•Santa Clara tenure scheduled to begin March 1,
2023
•Last day as Chula Vista City Attorney, sometime in
late February
•Earliest day next elected City Attorney could be
sworn in: December 12, 2023
2023/01/17 City Council Post Agenda Page 499 of 501
LEGAL
PARAMETERS/
OPTIONS
•City Charter doesn’t directly address these circumstances
•Outside Counsel and City Attorney’s Office agree
•City Council has clear prerogative to appoint an interim
“acting” City Attorney
•Options include appointment of:
•An existing City Attorney Assistant/Deputy
•A qualified individual/firm
•Need not be a “resident”
•Appointee would serve under contract with the City Council
until the next elected City Attorney is sworn into office
2023/01/17 City Council Post Agenda Page 500 of 501
STAFF
RECOMMENDATION
Hire a local
firm that
specializes in
Municipal
Law
Solicit proposals from
current outside
counsel RRQ short list
--Lounsbery Ferguson
Altona & Peak
--McDougal, Love,
Boehmer, Foley, Lyons
& Mitchell
--Burke, Williams &
Sorenson
--Best, Best & Krieger
Appoint a City
Council Ad Hoc
Subcommittee
comprised of the
Mayor and One
other
Councilperson to
finalize process
and conduct
interviews
City Attorney’s
office and City
Manager’s office
to assist and be
represented on
the interview
panel
Recommendation
of the Ad Hoc
Subcommittee for
an appointment to
be presented to
City Council for its
consideration by
no later than
February 21st City
Council meeting
2023/01/17 City Council Post Agenda Page 501 of 501